CRIMES AGAINST PERSONS ELEMENTS NOTES

Parricide 1. That a person is killed

1. Parricide is a crime based on blood relationship except in case of
2. That the diseased is killed by the accused
spouse.

3. That the diseased is the father, mother, child, whether legitimate or 2. Parricide is a crime based on legitimate relationship except in
illegitimate, or legitimate other ascendant, or legitimate other cases of parents and children.
descendant, or legitimate spouse of the deceased

Death or physical injuries in icted under 1. That a legally married person or a parent surprises his spouse or his 1. This is not a crime in itself but is considered as an absolutory cause.
exceptional circumstances daughter, the latter being under 18 years of age and living with him, The Supreme Court said that the penalty of distierro under Art. 247 is
in the act of committing sexual intercourse with another person
not really a penalty but is considered more of a safeguard, to free
2. That said legally married person or parent kills any or both of them or the accused from any retaliation of any of the family of the victim.

in icts upon any or both of them any serious physical injury in the act 2. First element - the surprising must be in the actual act of sexual
immediately thereafter.
intercourse and not before, not after.

3. That he has not promoted or facilitated the prostitution of his wife or 3. Second element - “immediately thereafter” means that there must
daughter, or that he has not consented to the in delity of his spouse. not be a lapse of time between the surprising and the killing or
in iction of serious physical injuries.

Murder 1. That a person was killed

1. Only one qualifying circumstance is required to qualify the killing to
2. That the accused killed him
murder, all other circumstances will be treated as mere generic
3. That the killing was attended by any of the qualifying circumstances: 
 aggravating circumstance

i. Treachery, taking advantage of superior strength, with the aid of

armed men, or employing means to weaken the defense, or of
means or persons to insure or a ord impugnity

ii. In consideration of a price, reward or promise

iii. By means of inundation, re, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a railroad, fall of an
airship, by means of motor vehicles, or with the use of any other
means involving great waste or ruin

iv. On occasion of any calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano, destructive
cyclone, epidemic, or any other public calamities

v. With evident premeditation

vi. With cruelty, by deliberately and inhumanly augmenting the
su ering of the victim or outraging or sco ng at his person or corpse

4. That the killing is not parricide or infanticide

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 CRIMES AGAINST PERSONS ELEMENTS NOTES

Homicide 1. That a person was killed

2. That the accused killed him without any justifying circumstance

3. That the accused had the intention to kill him, which is presumed

4. That the killing was not attended by any of the qualifying

circumstance of murder, or that the killing is not parricide or
infanticide

Death caused in a tumultous a ray 1. That there be several persons

1. The victim can be any person

2. That they did not compose groups organized for the common
purpose of attaching each other reciprocally

3. That said several persons attacked one another in a confused and

tumultous manner

4. That it cannot be ascertained who killed the victim

5. That the person or persons who in icted physical injuries or who

used violence can be identi ed

Physical injuries in icted in tumultous 1. That there is a tumultous a ray

1. The victim must be a participant

a ray 2. That the participants thereof su ered serious physical injuries or less
serious physical injuries

3. That the person responsible therefor cannot be identi ed

4. That all those who appear to have used violence upon the person of
the o ended party are known

Giving assistance to suicide Two punishable acts:

1. By giving assistance to another to commit suicide, whether the

suicide is consummated or not

2. By lending assistance to another to commit suicide to the extent of

doing the killing himself

Illegal discharge of rearms 1. That the o ender discharges a rearm against or at another person
1. If the o ender aimed and discharges the rearm to any other person
2. That the o ender has no intention to kill that person absent the intent to kill, the crime committed is illegal discharge of
rearms.

2. If the intention of the o ender is to cause disturbance to public

peace and tranquility, the crime committed is alarms and scandals.

3. If intent to kill is present, the crime committed is homicide or murder

as the case may be.
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CRIMES AGAINST PERSONS ELEMENTS NOTES

Infanticide 1. A child was killed

1. In infanticide, it is the age that is controlling not the relationship.

2. The deceased child was less than 3 years old

2. If the pregnant woman kills her own child less than 3 years old to
3. The accused killed the child conceal her dishonor, the imposable penalty will be reduced by two
degrees.

3. If the maternal grandparents kills their grandchild less than 3 years

old to conceal the dishonor of their daughter, the imposable
penalty will be reduced by one degree.

Intentional abortion Three modes of committing intentional abortion:

1. By using violence upon the person of the pregnant woman resulting

to abortion

2. Without violence and without the consent of the pregnant woman, by

administering aborting drugs or beverages

3. Without violence and with the consent of the pregnant woman, by

administering aborting drugs or beverages

Unintentional abortion 1. That there is a pregnant woman

1. When the husband killed his wife and as a result of the single act of
2. That violence is used upon such pregnant woman without intending punching his wife, the unborn child died, the husband is liable for the
an abortion
complex crime of parricide with unintentional abortion.

3. That the violence is intentionally exerted

4. That as a result of the violence the fetus dies, either in the womb or
after having been expelled therefrom

Mutilation Two kinds of mutilation:

1. For mutilation to be committed, there must be a deliberate intent to
1. By intentionally depriving another a part of his body which is mutilate or severe a particular part of the body of a person not
essential for reproduction
susceptible of growth. If there is no deliberate intent, the crime
2. By intentionally committing other mutilation that is, by depriving him committed is serious physical injuries.
of any other part of his body with intent to deprive him of such part
of his body
 CRIMES AGAINST PERSONS ELEMENTS NOTES

Serious physical injuries 1. That the o ender has wounded, beaten, or assaulted another
1. Quali ed serious physical injuries:

2. That the physical injuries in icted shall have caused any of the a. If it is committed against any of the persons enumerated in parricide

following: 
 b. If any of the qualifying circumstances of murder is present


i. The injured person to becomes insane, imbecile, impotent, or blind

ii. When the injured person: (a) Loses the use of speech, or the power 2. Elements of deformity: 

to hear or smell, or loses an eye, a hand, an arm, or a leg, or foot; (b) i. There must be physical ugliness in icted on the body of the victim

Loses the use of any such member; (c) Becomes incapacitated for ii. Said deformity should be permanent and would not heal through
the work in which he was therefore habitually engaged
 natural healing process

iii. When the injured person becomes: (a) Deformed; (b) Loses any iii. Said deformity must be located in a conspicuous and visible place

other member of his body; (c) Becomes ill or incapacitated for the
performance of the work in which he was habitually engaged for
more than 90 days

iv. When the injured person becomes ill or incapacitated for labor
more than 30 days

Less serious physical injuries 1. That the o ender in icted physical injuries upon another
1. Quali ed less serious physical injuries:

2. That the physical injuries in icted either incapacitated the victim to a. When there is manifest intent to insult or o end

work with which he is habitually engaged for 10 - 30 days, or the b. When there are circumstances which add ignominy to the o ense

injuries in icted required medical assistance for 10 - 30 days c. When the victim is the o ender’s parent, ascendants, guardians,
curators, or teachers

d. When the victim is a person of rank, provided that the crime is not
direct assault

Slight physical injuries Three kinds of slight physical injuries:

1. Physical injuries which incapacitated the o ended party for labor

from 1 to 9 days or required medical attendance for the same period

2. Physical injuries which did not prevent the o ended party from
engaging in his habitual work or which did not require medical
attendance

3. Ill-treatment of another deed without causing any injury

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 CRIMES AGAINST PERSONS ELEMENTS NOTES

Rape Three types of rape:

Rape by carnal knowledge

a. Rape by carnal knowledge

1. In incestuous rape, force, threat, or intimidation is not indispensable. The
1. O ender is a man
overbearing moral in uence or moral ascendancy of an ascendant over a
2. O ender had carnal knowledge of the woman against her will
descendant takes the place of force, threat, or intimidation.

2. The crime of rape does not admit of frustrated stage. The mere touch of an
3. Such act is accomplished under any of the following circumstances: 

erected penis on the labia or the lips of the woman’s genitalia will already
i. Through force, threat, or intimidation

consummate the crime of rape.

ii. When the o ended party is deprived of reason or otherwise 3. If what is touched is merely the outer portion of the woman’s genitalia, the
unconscious 
 o ender is liable either for the crime of attempted rape (if there is intent to lie)
iii. By means of fraudulent machinations or grave abuse of authority
 or acts of lasciviousness (if there is no intent to lie)

iv. When the o ended party is under 12 years of age

4. The “sweetheart defense theory” is not su cient to acquit a man for the
crime of rape. The Supreme Court reasoned that it does not mean that you
b. Sexual assault
are “sweethearts”, you can no longer rape a woman.

1. O ender commits an act of sexual assault

5. Quali ed rape by carnal knowledge: 

2. The act of sexual assault is committed by any of the following i. When rape is committed with the use of deadly weapon

means: 
 ii. When rape is committed by two or more persons

iii. When the victim becomes insane

i. By inserting his penis into another person’s mouth or anal ori ce; or

iv. When rape is attempted, and homicide is committed

ii. By inserting any instrument or object into the genital or anal ori ce
6. By reason of rape, homicide is committed - the original criminal intent of the
of another person
o ender is to rape and in order to consummate the crime, he has to kill the
3. Such act is accomplished under any of the following circumstances: 
 very victim of the rape therefore, the victim of rape therefore the victim of the
i. Through force, threat, or intimidation
 rape is the victim of homicide.

ii. When the o ended party is deprived of reason or otherwise 7. On occasion of rape, homicide is committed - the original criminal intent of
unconscious 
 the o ender is to rape the victim, but in course of having carnal knowledge,
iii. By means of fraudulent machinations or grave abuse of authority
 the accused had to kill someone. The killing of the victim need not be the
iv. When the o ended party is under 12 years of age
victim of the rape.

8. Two special complex crime of rape: (1) Attempted rape with homicide; (2)
c. Marital rape
Rape with homicide.

1. O ender is the legal husband of the o ended party

Sexual assault

2. The o ender had carnal knowledge of his wife against her will
1. The o ender and o ended party can be any person, male or female

Marital rape

1. As a rule, pardon will not extinguish criminal liability of the o ender, except in
case of marital rape where the wife has forgiven or pardoned the legal husband. 



Note: Pardon may extinguish the criminal liability of the o ender for all types of
rape through a subsequent valid marriage.
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 CRIMES AGAINST LIBERTY ELEMENTS NOTES

Kidnapping and serious illegal detention 1. The o ender is a private individual

1. A public o cer who has not been vested by law with the authority to
2. The o ender kidnaps, detains, or in any other manner deprives e ect arrest and to detain a person is acting in his private capacity,
another of his liberty
and therefore can be made liable for kidnapping and serious illegal
3. The kidnapping and detention is illegal
detention.

4. It is committed in any of the following circumstances: 
 2. In kidnapping and serious illegal detention, the original criminal intent
i. If kidnapping or detention should have lasted for more than 3 days
 of the o ender must be to detain another.

ii. If kidnapping or detention is committed by simulating public 3. Qualifying circumstances:


authority
 i. If the purpose of kidnapping is to extort ransom from the victim or
iii. If threats to kill had been made upon the person kidnapped or any any other person. (Kidnapping and serious illegal detention for
serious physical injuries be in icted upon the same
 ransom) 

iv. If the person kidnapped or detained is a minor, a female, or a ii. When the victim is killed or dies as a consequence of the
public o cer kidnapping or detention. (Kidnapping and serious illegal detention
with homicide) 

iii. When the victim is raped. (Kidnapping and serious illegal
detention with rape)

iv. When the victim is subjected to torture or any dehumanizing acts.
(Kidnapping and serious illegal detention with physical injuries)

4. Kidnapping and serious illegal detention with rape is a special

complex crime. Thus, if the victim is raped for a number of times, the
crime committed is only one single indivisible o ense of kidnapping
and serious illegal detention with rape, and all acts of rape are
absorbed.

5. If rape is only attempted, the same will bring about a separate and
distinct charge.

Slight illegal detention 1. The o ender is a private individual

1. If the o ended party has been released, such release will be
2. That he kidnaps or detains another or in any other manner deprived considered as a privilege mitigating circumstance provided that the
him of his liberty
following elements are present:

3. Kidnapping is not attended by any of the circumstances of Article i. Release is made within 3 days from commencement of the said
267 (Kidnapping and serious illegal detention) kidnapping

ii. Release is made without the o ender having attained or accomplished
his purpose

iii. Release is made before the institution of the criminal proceedings
against the said o ender
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 CRIMES AGAINST LIBERTY ELEMENTS NOTES

Unlawful arrest 1. The o ender arrested or detained another without authority by law or
without reasonable ground

2. The main purpose of the o ender is to deliver him to the proper

authorities

Kidnapping and failure to return a minor 1. The o ender is entrusted with the custody of the minor

2. The o ender shall deliberately fail to restore said minor to his parents
or guardians

Slavery 1. The o ender purchases, sells, kidnaps or detains a human being

2. The purpose of the o ender is to enslave such human being

Exploited of child labor 1. O ender retains a minor in his service

1. if the purpose is to engage in immoral tra c, then the penalty is
2. It is against the will of the minor
quali ed.

3. It is under the pretext of reimbursing himself of a debt incurred by an

ascendant, guardian, or person entrusted with custody of such minor

Services rendered under compulsion in 1. O ender compels a debtor to work for him

payment of debt 2. It is against the debtor’s will

3. The purpose is to require or enforce the payment of a debt

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 CRIMES AGAINST PROPERTY ELEMENTS NOTES

Robbery 1. That the o ender unlawfully takes a personal property

1. Unlawful taking is the deprivation of the o ended party of his personal
2. That said personal property belongs to another person
property with an element of permanency

3. The taking was without the owner’s consent

2. The law presumes there is intent to gain the moment there is unlawful taking
4. There must be intent to gain
of personal property

5. That said taking is either by means of violence against or intimidation of any 3. Two ways of committing robbery: (a) Robbery with violence against or
person, or using force upon things intimidation of any person; (b) Robbery with the use of force upon things

Robbery with violence against or intimidation Robbery with violence against or intimidation of persons is committed when by Hierarchy: (HR-IA-SU)

of persons reason of or on occasion of robbery the following crimes are committed:

1. Robbery with homicide

2. Robbery with rape

1. Homicide
3. Robbery with intentional mutilation

2. Rape
4. Robbery with arson

3. Intentional mutilation
5. Robbery with serious physical injuries

4. Arson
6. Robbery with unnecessary violence

7. Simple robbery

5. Serious physical injuries



6. Unnecessary violence This hierarchy must be observed meaning that if all these acts were committed, the o ender is
liable only for one single indivisible o ense of robbery with homicide. All the other acts are
absorbed.



Robbery with homicide

a. For as long as the original criminal intent of the o ended is to commit robbery, it is
immaterial if the HR-IA-SU takes place before, during or after the said robbery, the resulting
felony is a single indivisible o ense of robbery with HR-IA-SU

b. Robbery with homicide is a special complex crime or a single indivisible o ense. Since it is a
special complex crime, regardless of the number of persons killed there is only a single
indivisible o ense of robbery with homicide.

c. In robbery with homicide, even if the victim of robbery is di erent from the victim of the
killing, the o ender is still liable for robbery with homicide.

d. Once conspiracy is established, the conspirators, as a rule, is liable only for the crime agreed
upon. An exception to this rule is when the resulting is a special complex crime such as
robbery with homicide. In which case, all conspirators are liable for robbery with homicide if
by reason of or on occasion of robbery, homicide is committed. The only exception to this
exception is when the other conspirators committed acts to prevent the happening of the
homicide.

Robbery with rape

a. Same principles with robbery with homicide. Regardless of the number of times the o ender
raped the victim, regardless if the victim of rape is di erent from the person robbed,
regardless if rape took place before, during, or after, the o ender is liable only for the special
complex crime of robbery with rape if the original criminal intent of the o ender is robbery.

Robbery with intentional mutilation, arson, and serious physical injuries

a. Likewise, same principles. However, for robbery with serious physical injuries, the law
requires that said injury or deformity must be in icted in the course of the execution of the
robbery and to a person not responsible for the commission of the robbery.
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 CRIMES AGAINST PROPERTY ELEMENTS NOTES

Robbery in an inhabited house or public Three ways of committing robbery with force upon things:
1. First act - the essence of the crime is in the unlawful entry; it is the act of
building or edi ce devoted to worship a. The malefactors shall enter the house or building in which the robbery was trespassing and the taking of the property of another.

committed, by any of the following means:
 2. Second act - occurs when the o ender was able to enter without unlawful
i. Through a opening not intended for entrance or egress
 entry or was an insider and once inside, breaks the doors, wardrobes, chest,
ii. By breaking any wall, roof, or oor or breaking any door or window.
 receptacles, and thereafter took the personal properties inside the house

iii. By using false keys, picklocks or similar tools.
 3. Third act - when the o ender manages to enter said inhabited place,
iv. By using any ctitious name or pretending the exercise of public authority.
dwelling, public place, or place dedicated to religious worship without any
b. By the breaking of doors, wardrobes, chests, or any other kind of locked or unlawful entry, once inside he took the sealed receptacle outside to be
sealed furniture or receptacle
opened or forced open.
c. By taking such furniture or objects to be broken or forced open outside the
place of the robbery

Robbery in an uninhabited place and by a Is committed when robbery is committed in an uninhabited place and by a band. 1. The law uses the conjunctive word “and”. Thus, to qualify the crime of
band robbery, both must concur.

Brigandage 1. There must be at least 4 armed men

1. The crime is consummated by the mere fact that 4 armed men formed a
2. Said armed men were formed for the purpose of: 
 band of robbers.

i. Committing robbery in the highway
 2. It is not necessary that they actually commit the purposes so mentioned.
ii. Kidnapping persons for the purpose of extortion or ransom, or for any
other purpose to be attained by means of force and violence

Theft 1. There must be taking of personal property

2. The property taken belongs to another

3. Said taking was done without the owner’s consent

4. There was intent to gain

5. The taking was done without violence against or intimidation of the person or
force upon things

Quali ed theft Qualifying circumstances of theft:

1. If theft is committed by a domestic servant

2. If committed with grave abuse of con dence

3. If the property stolen is a (a) motor vehicle; (b) mail matter; or (c) large cattle

4. If the property consists of coconuts taken from plantation

5. If the property taken is from a shpond or shery

6. If property is taken on occasion of a calamity, vehicular accident, or civil

disturbance

Occupation of real property or usurpation of Occupation of real property is committed by any person who by means of violence against or If in the course of occupation or usurpation, the o ender killed another, said
intimidation shall occupy the real property of another

real rights in property 
 killing will not bring about a separate crime. The killing falls under “violence”
Usurpation of real rights in property is committed by any person who by means of violence against or against or intimidation of persons.
intimidation shall usurp any real rights in property of another person
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 CRIMES AGAINST PROPERTY ELEMENTS NOTES

Estafa Three kinds of estafa:

1. There are two common elements of estafa committed by any modes:

1. Estafa with unfaithfulness or abuse of con dence

a. The o ender defrauded another by reason of abuse of con dence, or by
a. By altering the substance, quality, quantity, or anything of value which the means of deceit

o ender shall deliver by virtue of an obligation to do

b. Damage or prejudice capable of pecuniary estimation is caused to the
b. By misappropriation or conversion of money, goods, or other personal property
o ended party

which the o ender has received in trust, on commission, or for administration, or

under any obligation involving the duty to make delivery of or to return the same
2. For estafa with unfaithfulness or abuse of con dence under the second act, it
c. By taking undue advantage of the signature of the o ended party in blank, or by is necessary that the o ender was given juridical possession of the property.
writing any document above such signature in blank, to the prejudice of the Juridical possession is possession in the concept of an owner. 

o ended party or of any third person
 


 If what is transferred is material possession, the o ender is liable only for the
crime of theft or quali ed theft.

2. Estafa by means of false pretense or fraudulent acts committed prior to or 3. There is no such crime as estafa through falsi cation of a private document.
simultaneously with the commission of the crime
Why? Because both considers damage as an element, and one and the
a. By using a ctitious name, or falsely pretending to possess such power, same damage cannot give rise to two crimes therefore you cannot complex
in uence, or quali cations, or by means of other similar deceits

estafa and falsi cation of private documents.


b. By altering the quality, tness, or weight of anything pertaining to his art or
business


c. By pretending to have bribed a government employee
It is estafa when estafa can be committed without falsifying the private
d. By postdating a check or issuing a check in payment of an obligation when the document but the falsi cation merely facilitated the commission of the crime.
o ender has no funds or the funds deposited therein is not su cient to cover the It is falsi cation of private document when estafa cannot be committed
amount of the debt
without falsifying the private document, and estafa is a mere consequence.

e. By obtaining food, refreshment, or accommodation in a hotel, inn, restaurant or

other similar establishment with intent to defraud the proprietor, or by obtaining 4. For estafa by means of false pretense or fraudulent acts under the fourth act,
the same by the use of any false pretense, or by abandoning or surreptitiously it is necessary that the issuance of the check is in concomitance with the
removing any part of his baggage from the hotel, inn, restaurant, and a like, and defraudation, that is the o ended party would not have parted with his
obtaining credits, without having to pay for the same.

property were it not for the promise that the check would be funded. 

3. Estafa through fraudulent means


a. By inducing another, by means of deceit, to sign any document
The o ender is given a period of three days to make good the check. The
b. By resorting to some fraudulent practice to insure success in a gambling game
failure of the o ender to make good the check gives rise to a prima facie
c. By removing, concealing, or destroying, in whole or in part, any court record, evidence of deceit constituting the fraudulent act or false pretense.
o ce les, document, or any other papers

Syndicated estafa 1. Any act of estafa under Articles 315 and 316 is committed

2. It is committed by a group of 5 persons acting as a syndicate

3. The defraudation consists of misappropriation of money contributed by

stockholders or members of rural banks, cooperatives, samahang nayon,
farmers associations, or of funds solicited by corporations from the general
public

Swindling of a minor Any person who takes advantage of the inexperience of a minor, to his detriment,
shall induce him to assume any obligation or execute a transfer of any property.
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 CRIMES AGAINST PROPERTY ELEMENTS NOTES

Other deceits Any person who, for pro t or gain, shall interpret dreams, make forecasts, tell
fortunes, or take advantage of the credulity of the public in any other similar
manner.

Destructive arson
Any person who shall burn any arsenal, shipyard, storehouse or military powder
or reworks factory, ordinance, storehouse, archives or general museum of the
Government; any passenger train or motor vehicle in motion or vessel out of
port; or in an inhabited place, any storehouse or factory of in ammable or
explosive materials is criminally liable for destructive arson.
1. For destructive arson to lie, the original criminal design of the o ender must
be to burn the property. If as a consequence of the commission of arson, death
results, the crime is only arson. The fact that someone died in the course thereof
will not bring about a separate crime, but only increases the penalty to death.

Malicious mischief Any person who willfully or deliberately causes damage to the property of
another, by any means outside arson, is criminally liable for malicious mischief.

Persons exempt from criminal liability No criminal, only civil, liability shall result from the commission of the crime of
theft, estafa, swindling, or malicious mischief committed or caused mutually by
the following persons:

a. Spouses, ascendants, descendants, relatives by a nity within the same

degree.

b. The widowed spouse with respect to the property which belonged to the
deceased spouse before the same shall have passed into the possession of
another.

c. Brothers and sisters and brothers-in-law and sisters-in-law, if living together

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CRIMES AGAINST PUBLIC INTEREST ELEMENTS NOTES

Counterfeiting the great seal of the Three acts punishable:

government, forging the signature or the 1. Forging the Great Seal of the Government

stamp of the Chief Executive 2. Forging the signature of the Chief Executive

3. Forging the stamp of the Chief Executive

Mutilation of coins Two acts punished:

1. Applies only to coins of legal tender in the Philippines

1. Mutilating coins of the legal currency with the further requirement

that there be intent to damage

2. Importing or uttering such mutilated coins with the further

requirement that there be connivance with the mutilator or importer
in case of uttering

Forgery Two acts punished:

1. By giving to a treasury or bank note or any instrument payable to

bearer the appearance of a true and genuine document

2. By erasing, substituting, or altering by any means the gures, letters,

words, or signs contained therein
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 CRIMES AGAINST PUBLIC INTEREST ELEMENTS NOTES

Falsi cation by public o cer, employee, 1. That the o ender is a public o cer, employee, notary public, or an 1. To amount to falsi cation, it is necessary that the writing is falsi ed
notary public, or ecclesiastical minister ecclesiastical minister
and must be a document in a legal sense of the word — one which is
2. He takes advantage of his o cial position
capable of being the source of rights and obligations

3. That said o ender falsi es a document by committing any of the 2. The o ender is said to have taken advantage of his position when: (a)
following modes:
He has the duty to make or presence or to otherwise intervene in the
a. By counterfeiting or imitating any handwriting, signature, or rubric
preparation of the document; or (b) He has the o cial custody of the
b. By causing it to appear that persons have participated in any act or document which he falsi es.

proceeding when they did not in fact so participate

3. For falsi cation under the fourth act to lie, the following elements
c. By attributing to persons who have participated in any act or must be present: 

proceeding any statement other than that made by them
i. The o ender makes untruthful statements under a narration of
d. Making untruthful statement in a narration of facts
facts

e. Altering true dates
ii. That he has legal obligation to disclose the truth

f. Making any alteration or intercalation in a genuine document which iii. The facts stated by the o ender are absolutely false

changes its meaning
iv. The untruthful narration must be such as to e ect the integrity of
g. Issuing in authenticated form a document purporting to be a copy of the document and that the o ender does so with the intent to injure
any original document when no such original exists, or including in or prejudice another person

such a copy a statement contrary to or di erent from that of the

genuine original

h. Intercalating any instrument or note relative to the issuance thereof

in a protocol, registry or o cial book.

4. In case the o ender is an ecclesiastical minister, the act of falsi cation

is committed with respect to any record or document of such character
that the falsi cation may a ect the civil status of persons.

Falsi cation by private individuals and Three punishable acts:
 1. For use of a falsi ed document, and the document is used in a non-
use of falsi ed documents a. Falsi cation of a public, o cial, or commercial document
judicial proceeding, there must also be damage or intent to cause
1. O ender is a private person or public o cer acting in his private capacity

2. O ender commits any act of falsi cation under Article 171

damage as an element.

3. It must be done either in a public, o cial, or commercial document

b. Falsi cation of a private document

1. The document is a private one

2. There is damage or intent to cause damage

3. O ender commits any act of falsi cation under Article 171

c. Use of a falsi ed document

1. A document has been falsi ed

2. The o ender used said document

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 CRIMES AGAINST PUBLIC INTEREST ELEMENTS NOTES

Usurpation of authority or o cial Two acts punished:

functions 1. Usurpation of public authority is committed when a person

knowingly and falsely represents himself to be an o cer or agent of
any department of the Philippine government or agency thereof or of
a foreign government

2. Usurpation of o cial function is committed if any person an act

pertaining to a person in authority or a public o cer of the Philippine
government or of a foreign government under pretense of o cial
function and without being lawfully entitled to do so

Using ctitious name or concealing true Two acts punished:

name 1. Using a ctitious name

a. That the o ender uses a name other that his true name

b. That he uses a ctitious name publicly

c. That the purpose of the o ender is to:


i. Conceal a crime

ii. Evade execution of judgment

iii. Cause damage to public interest

2. Concealing true name

a. That the o ender conceals his: 


i. True name; and 

ii. All other personal circumstances

b. That the purpose is only to conceal his identity

False testimony against a defendant 1. That there be a criminal proceeding

2. That the o ender testi es falsely under oath against the defendant

3. That the o ender who gives false testimony knows that it is false

4. That the defendant against whom the false testimony is either

acquitted or convicted

False testimony favorable to a defendant 1. That there be a criminal proceeding

2. That the o ender testi es falsely under oath in favor of the defendant

3. That the o ender who gives false testimony knows that it is false
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 CRIMES AGAINST PUBLIC INTEREST ELEMENTS NOTES

Perjury 1. That the accused made a statement under oath or executed an 1. There are two ways of committing perjury: (1) Make a false statement
a davit upon a material matter
under oath; (2) Executes an a davit on a material matter.

2. That said statement under oath or a davit was made before a 2. When false statement is committed in non-judicial, administrative, or
competent o cer duly authorized to receive and administer oath
quasi-judicial proceeding, the crime committed is perjury.
3. That in said statement or a davit, the o ender makes a willful and
deliberate assertion of falsehood

4. That said statement or a davit containing falsity is required by law

O ering false testimony in evidence 1. The o ender o ered in evidence a false witness or false testimony

2. The o ender knew the witness or the testimony was false

3. The o er was made in a judicial or o cial proceeding

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 SPECIAL PENAL LAWS NOTES

RA 9262 - ANTI VIOLENCE AGAINST WOMEN AND THEIR 1. “Violence against women and their children” refers to any act or a series of acts committed by any person against a woman who is his wife,
CHILDREN former wife, with whom the o ender has or had a sexual or dating relationship, or with whom he has a common child, or against
her child, whether legitimate or illegitimate, which results in or is likely to result in physical, sexual, psychological harm or su ering or
economic abuse.

2. “Dating relationship” refers to a situation wherein the parties live as husband and wife without the bene t of marriage or are romantically
involved overtime. Casual acquaintance is not dating relationship.

3. “Battered women” is a woman who is repeatedly subjected to any forceful physical or psychological behavior by a man with whom she had
an intimate relationship in order to coerce her to do something he wants her to do without concern for her rights. Furthermore, in order to
be classi ed as a battered woman, the couple must go through the battering cycles at least twice.
4. “Battered Woman Syndrome” refers to a scienti cally de ned pattern of a psychological and behavioral symptoms found in women living in
battering relationship as a result of cumulative abuse.

5. Battered woman syndrome is characterized by the so-called “cycle of violence” which has three phases: (a) the tension building phase; (b)
the acute battering incident phase; (c) the tranquil, loving, or nonviolent phase.

6. Exempt from both criminal and civil liability.

7. Violence against women and their children is a public crime which may be prosecuted by any citizen having personal knowledge of facts
and circumstances constituting the crime.

8. What RA 9262 criminalizes is not the marital in delity per se by the psychological violence causing mental or emotional su ering on the
wife.

RA 11313 - SAFE SPACES ACT 1. “Public spaces” refers to streets, alleys, roads, public parks, buildings, schools, churches, government o ces, common carriers, public utility vehicles
(PUVs), private vehicles covered by app-based transport network, recreational spaces, and all other areas, regardless of ownership, opening accessible or
o ered to be accessed by the public.

2. “Gender based streets and public spaces sexual harassment” is committed through any unwanted and uninvited sexual actions or remarks against any
person regardless of motive. This includes among others: 

i. Catcalling

ii. Persistent uninvited comments or gestures on person’s appearance

iii. Relentless requests for personal details

iv. Statement of sexual comments and suggestions

v. Public masturbations or ashing of private parts

vi. Persistent telling of sexual jokes or use of sexual names

vii. Stalking

3. Any person may arrest, without a warrant, under any of the following circumstances: (a) When in his presence, the person sought to be arrested is actually
committing or is attempting to commit GBSH; (b) When GBSH has just been committed, and the person has personal knowledge based on facts and
circumstances that the person sought to be arrested has committed it

4. E ects of gender based sexual harassment in public utility vehicles: (a) LTO may cancel the license of the perpetrators; (b) the Land Transportation and
Regulatory Board (LTFRB) may suspend or revoke the franchise of the perpetrators; (c) When the perpetrator is the driver of the vehicle, it shall also
constitute a breach of contract of carriage for the purpose of creating a presumption of negligence on the part of the owner or operator of the vehicle in the
selection and supervision of employees which makes the latter solidarily liable

5. “Gender based sexual harassment in educational or training institutions” is committed by any person who has authority, in uence, or moral ascendancy
over another

6. Exemptions: (a) Acts that are legitimate expressions of indigenous culture and tradition, as well as breastfeeding in public shall not be penalized; (b)
Expressions of indigenous culture and tradition
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 SPECIAL PENAL LAWS NOTES

RA 10173 - THE DATA PRIVACY ACT 1. The law upholds the right to privacy by protecting individual information

2. It aims protect the fundamental human right of privacy of communication while ensuring free ow of information to promote innovation and
growth

3. Personal information is any information from which the identity of an individual is apparent or can be reasonably and directly ascertained
by the entity holding the information, or when put together with other information would directly and certainly identify an individual

4. Sensitive personal information is personal information about: 


i. An individual’s race, ethnic origin, marital status, age, color, and religious, political or philosophical a liations

ii. An individual’s health, education, genetic, or sexual life of a person, or to any proceeding for any o ense committed or alleged to have
been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings. 

iii. Issued by government agencies peculiar to an individual which includes security numbers, health records, licenses, tax returns

iv. Speci cally established by an executive order or an act of Congress to be kept classi ed

5. As a rule, the processing of sensitive personal information shall be prohibited. The following are the exceptions: 

i. When the data subject gives his consent

ii. When processing is provided for by existing law or regulations 

iii. When processing is necessary to protect the life and health of the data subject, and the data subject is not legally or physically
able to express his or her consent prior to the processing

iv. The processing is necessary to achieve the lawful and noncommercial objectives of public organizations; Provided, That such
processing is only con ned and related to the bona de members of these organizations or their associations: Provided, further, That the
sensitive personal information are not transferred to third parties: Provided, nally, That consent of the data subject was obtained prior to
processing

v. The processing is necessary for purposes of medical treatment

vi. The processing concerns such personal information as is necessary for the protection of lawful rights and interests of natural or
legal persons in court proceedings

6. Punishable act for unauthorized processing: unauthorized processing of personal information and sensitive personal information
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