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CRIMINAL LAW·
. YVEZZA KAMELEM. GUMAPAC
Subject Chairperson

KIRSTIEMARIE B. SALDO
Assistant Subject Chairperson

ISABELLEGLORIA I. VILLENA
Subject Electronic Data Processing

SUBJECTHEADS

JUDEAARA T. BAGTANG and CLARICEJ. ANDAYA

· Criminal Law I

GERALDINEMARIE FRANCESB. VELASCO and ANGELA MICHAELLAS. YUMUL

Criminal Law II

KATE BERNADETTET. MADAYAG

Special Penal Laws

SUBJECTMEMBERS

JERKENRIC C. ALCAIDE MA. ANGELIKA C. ALVARADO

JERENELMAE 0. RENDON ROMAVAIL ANGELIE F. ORCULLO
CHANTAL MARIE S. SANGGALANG DANAJEUZELS.MARCOS
ANDREA MAE T. BANADERO ROCHELLE S. ENRILE
. JEROME L LEANO JOSE LORENZO B. VILLAVERT

<''" SUBJECTADVISERS

Justice BERNELITO R. FERNANDEZ . Judge GINA M. BIBAT-PALAMOS

Atty. LYAN DAVID M. JUANICO Atty. RYANS. MERCADER

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PREFACE
The MEMORY AID (MemAid) is a compendium - a synthesis of different law
materials available to the public, emphasizing pertinent details that its readers need to
be familiar with. Being thorough and extensive, the MemAid aims to help barristers in
their preparations for the bar, maximizing their time by doing away with the need of
reading a lot of different review materials. Thus, the MemAid is the barristers' much
needed companion.

This year, the San Beda University-RGCT Bar Operations Center (BarOps)
continues to uphold its legacy of service and excellence in helping the barristers hurdle
the bar. It is then the fervent hope of the (BarOps) that the MemAid will contribute to
the succei;;& of all barristers as they hurdle the last leg of their journey towards
becoming the lawyers they aspire to be.

UT IN OMNIBUS GLORIFICETUR DEUS!

That in all things, God may be glorified!

SAN BEDA UNIVERSITY COLLEGE OF LAW

RGCT - BAR OPERATIONS
CENTER
2020-2021

THIS IS THE INTELLECTUAL PROPERTY OF THE

SAN BEDA UNIVERSITY COLLEGE OF LAW - RGCT
BAR OPERATIONS CENTER.

THE UNAUTHORIZED COPYING, REPRODUCTION,·

MODIFICATION OR DISTRIBUTION
OF ANY OF THE CONTENTS OF THIS BOOK IS
·STRICTLY PROHIBITED.

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. MEKQ~YAID
TABLEOF CONTENTS
CRIMINAL LAW I
I. FUNDAMENTAL PRINCIPLES························,:·····································································;······· 1

11. PRELIMINARY TITLE (ARTS. 1-2) ................................................................................................. 9

Ill. TITLE ONE: FELONIES & CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY............. 12
A. CHAPTER ONE: FELONIES (ARTS. 3-10) ............................................................................. 12
B. CHAPTER TWO: JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH 35
EXEMPT FROM CRIMINAL LIABILITY (ARTS. 11-12) ...........................................................
i. Anti-Violence Against Women and their Children Act of 2004 - R.A. No. 9262 ............... 40
ii. Juvenile Justice and Welfare Act of 2006 (R.A. No. 9344), as amended by R.A. No. 45
10630 ..;..............................................................................................................................
C. CHAPTER THREE: CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY (ART. 51
13)
D. CHAPTER FOUR: CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY 59
(ART. 14) ·······················:·······························:··········································································
E. CHAPTER 5: ALTERNATIVE CIRCUMSTANCES (ART. 15) ................................................. 80
IV. TITLE TWO: PERSONS CRIMINALLY LIABLE FOR FELONIES (ARTS. 16-20) .............:............ 83

V. TITLE THREE: PENALTIES .................................................................................... :......................... 91

A. CHAPTER ONE: PENALTIES IN GENERAL (ARTS. 21-24) ................................................. 92
B. CHAPTER TWO: CLASSIFICATION OF PENALTIES (ARTS. 25-26) ........:........................... 95
C. CHAPTER THREE: DURATION AND EFFECT OF PENALTIES (ARTS. 27-45) ................... 96
i. Section One - Duration of penalties (Arts. 27-29).. ........................................................... 96
ii. Section Two - Effects of the penalties according to their respective nature (Arts. 30-39) 99
iii. Section Three - Penalties in which other accessory penalties are inherent (Arts. 40-45) 103
D. CHAPTER FOUR: APPLICATION OF PENALTIES (ARTS. 46-77) ....................................... 104
i. Section One - Rules for application of penalties to the persons criminally liable and for 104
the graduation of the same (Arts. 46-61) ...........................................................................
ii. Section Two - Rules for the application of penalties with regard to the mitigating and 113
aggravating circumstances, and habitual delinquency (Arts. 62-72) .................................
iii. Section Three - Provisions common in the last two preceding sections (Arts. 73-77) .... 119
E. INDETERMINATE SENTENCE LAW (ISLAW) Act 4103 as amended by Act No. 4225 ........ 120
F. PROBATION LAW OF 1976 (P.O. No. 968, as amended) ..................................................... 123
G. CHAPTER FIVE: EXECUTION AND SERVICE OF PENALTIES (ARTS. 78-88) .................. 127
H. THE CHILD AND YOUTH WELFARE CODE (P.O. No. 603, as amended) ........................... 128

VI. TITLE FOUR: EXTINCTION OF CRIMINAL LIABILITY ............... :................................................... 129

A. CHAPTER ONE: TOTAL.EXTINCTION OF CRIMINAL LIABILITY (ARTS. 89-93)................. 129
B. CHAPTER TWO: PARTIAL EXTINCTION OF CRIMINAL LIABILITY (ARTS. 94-99) ............ 136

VII. TITLE FIVE: CIVIL LIABILITY........................................................................................................... 138

A. CHAPTER ONE: PERSONS CIVILLY LIABLE FOR FELONIE·s (ARTS. 100-103) ............... 138
B. CHAPTER TWO: WHAT CIVIL LIABILITY INCLUDES (ARTS. 104-111) .............................. 141
C. CHAPTER THREE: EXTINCTION AND SURVIVAL OF CIVIL LIABILITY 142
(ARTS. 112-113) ......................................................................................................................
.

CRIMINAL LAW II
I. TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS ......... :.... 144
A. CHAPTER ONE: CRIMES AGAINST NATIONAL SECURITY (ARTS. 114-123) .................. 144
i. Section One - Treason and espionage (Arts. 114-117) ....................:..:........................... 144
ii. Section Two- Provoking war and disloyalty in case of war (Arts. 11-8-121)..................... 151
iii. Section Three - Piracy and mutiny on the high seas or in Philippine waters (Arts. 122- 152
123) ···················································································································............,....

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II. TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE............................ 155
A. CHAPTER ONE: ARBITRARY DETENTION OR EXPULSION, VIOLATION OF 155
DWELLING, PROHIBITION, INTERRUPTION, AND, DISSOLUTION OF PEACEFUL
MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP (ARTS. 124-133) ............... .
i. Section One - Arbitrary detention and expulsion (Arts. 124-127) ................................. .... 155
ii. Section Two - Violation of domicile (Arts. 128-130) ......................................................... 161
iii. Section Three - Prohibition, interruption, and dissolution of peaceful meetings (Art. 131) 164
iv. Section Four-Crimes against religious worship (Arts. 132-133) .................................... 165

Ill. TITLE THREE: CRIMES AGAINST PUBLIC ORDER...................................................................... 166

A. CHAPTER ONE: REBELLION, COUP D'ETAT, SEDITION, AND DISLOYAL TY (ARTS. 166
134-142) ................................................................................................................................ ..
B. CHAPTER TWO: CRIMES AGAINST POPULAR REPRESENTATION (ARTS. 143-145) ... 173
i. Section One- Crimes against legislative bodies and similar bodies (Arts. 143-144) ...... 173
ii. Section Two - Violation of parliamentary immunity (Art. 145) .......................................... 173
C. CHAPTER THREE: ILLEGAL ASSEMBLIES AND ASSOCIATIONS (ARTS. 146-147) ....... 174
D. CHAPTER FOUR: ASSAULT UPON, AND RESISTANCE & DISOBEDIENCE TO, 176
PERSONS IN AUTHORITY AND THEIR AGENTS (ARTS. 148-152) .................................. .
E. CHAPTER FIVE: PUBLIC DISORDERS (ARTS. 153-156) ................................................... 181
F. CHAPTER SIX: EVASION OF SERVICE OF SENTENCE (ARTS .. 157-159) ....................... 184
G. CHAPTER SEVEN: COMMISSION OF ANOTHER CRIME DURING SERVICE OF 187
PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE (ART. 160) ........................ ..

IV; TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST .................................................................. 188

A. CHAPTER ONE: FORGERIES (ARTS. 161-176) ................................................................. 188
i. Section One - Forging the seal of the Government of the Philippine Islands, the signature 188
or stamp of the Chief Executive (Arts. 161-162) .............................................................. ..
ii. Section Two - Counterfeiting coins (Arts. 163-165) ......................................................... 188
iii. Section Three - Forging treasury or bank notes, obligations and securities; importing and 189
uttering false or forged notes, obligations and securities (Arts. 166-169) ......................... -
iv. Section Four - Falsification of legislative, public, commercial and private documents and 192
wireless, telegraph and telephone messages (Arts. 170-173) ...·...................................... .
v. Section Five - Falsification of medical certificates, certificates of merit or service and the 197
like (Arts. 174-175) ................................................................................................... ,.........
vi. Section Six - Manufacturing, importing and possession of instruments or implements 198
intended for the commission of falsification (Art. 176) ..................................................... ..
B. CHAPTER TWO: OTHER FALSITIES (ARTS. 177- 184) ..................................................... 198
i. Section One - Usurpation of authority, rank, title and improper use of names, uniforms 198
and insignia (Arts. 177-179) .............................................................................................. .
ii. Section Two - False Testimony (Arts. 180-184) ............................................................... 201
C. CHAPTER THREE: FRAUDS (ARTS. 185-189) ..................................................................... 204
i. Section One - Machinations, monopolies, and combinations (Arts. 185-186).................. 204
ii. Section Two - Frauds in commerce and industry (Art. 187:189) ...,................................. 206

V. TITLE FIVE: CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS....................... 210
A. REPUBLIC ACT NO. 9165 COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, as 434
amended by Reput5!ic Act No. 10640 (Repealing R.A. No. 6425, otherwise known as tl1e
Dangerous Drugs Act of 1972) ............................................................................................. .

VI. TITLE SIX: CRIMES AGAINST PUBLIC MORALS ......................................................................... 210

A. CHAPTER ONE: GAMBLING AND BETTING (ARTS. 195-199) .......................................... 210
B. CHAPTER TWO: OFFENSES AGAINST DECENCY AND GOOD CUSTOMS (ARTS. 200- 213
202) ........................................................................................................................................ .

VII. TITLE SEVEN: CRIMES COMMITTED BY PUBLIC OFFICERS.................................................... 216

A. CHAPTER ONE: PRELIMINARY PROVISIONS (ART. 203) ................... ! ........ '.................... 216
B. CHAPTER TWO: MALFEASANCE AND MISFEANSANCE IN OFFICE (ARTS. 204-212)... 216
i. Section One - Dereliction of duty (Arts. 204-209) ............................................................ 216
ii. Section Two - Bribery (Arts. 210-212) .............................................................................. .219

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C. CHAPTER THREE: FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS (ARTS. 225
213-216) ...............................................................•.................................................... ,............ .
D. CHAPTER FOUR: MALVERSATION OF PUBLIC FUNDS OR PROPERTY (ARTS. 217- 227
222) ········································································································································
E. CHAPTER FIVE: INFIDE.LITY OF PUBLIC OFFICERS (ARTS. 223-230) ........................... 231 .
i.- Section One - Infidelity in the custody of prisoners (Arts. 223-225) ................................ 231
ii. Section Two - Infidelity in the custody of documents (Arts. 226-228) ............................ 232
iii. Section Three - Revelation of secrets (Arts. 229-230) ................................................... 233
F. CHAPTER SIX: OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS 235
(ARTS. 231-245) ....................................................................................... ,.............. .'...............
i. Section One - Disobedience, refusal of assistance and maltreatment of prisoners (Arts. 235
231-235) ····························································································································
ii. Section Two - Anticipation, prolongation and abandonment of the duties and powers of 236
public office (Arts. 236-238) ............................................................................................ .
iii. Section Three - Usurpation of powers and unlawful appointments (Arts. 239-244) ....... 237
iv. Section Four-Abuses against chastity (Art. 245) .......................................................... 238

VIII. TITLE EIGHT: CRIMES AGAINST PERSONS .................,.............................................................. 239

A. CHAPTER ONE: DESTRUCTION OF LIFE (ARTS. 246-261) .............................................. 239
i. Section One - Parricide, murder, homicide (Arts. 246-254) ............................................. 239
ii. Section Two - Infanticide and abortion (Arts. 255-259) ................................................... 245
iii. Section Three - Duel (Arts. 260-261) ............................................................................... 248
B. CHAPTER TWO: PHYSICAL INJURIES (ARTS. 262-266) ................................................... 249
C. CHAPTER THREE: RAPE (ARTS. 266-A - 266-0) .............................................................. 256

IX. TITLE NINE: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY .................................. 260
A. CHAPTER ONE: CRIMES AGAINST LIBERTY (ARTS. 267-274) ........................................ 260
i. ,Section One - Illegal detention (Arts. 267-269) ................................................................ 260
ii. Section Two - Kidnapping of minors (Arts. 270-271) ..................................... .................. 264
iii. Section Three - Slavery and servitude (Arts. 272-27 4) .................................................... 265
B. CHAPTER TWO: CRIMES AGAINST SECURITY (ARTS. 275-289) .................................... 266
i. Section One - Abandonment of helpless persons and exploitation of minors (Arts. 275- 266
279) .............·...................................................................................................................... .
ii. Section Two - Trespass to dwelling (Arts. 280-281) ........................................................ 269
iii. Section Three - Threats and coercion (Arts. 282-289) ~ ................................ :.................. 270
C. CHAPTER THREE: DISCOVERY AND REVELATION OF SECRETS (ARTS. 290-292) ..... 275

X. TITLE TEN: CRIMES AGAINST PROPERTY................................................................................ 277

A. CHAPTER ONE: ROBBERY IN GENERAL (ART. 293-305) ................................................ 277
i. Section One - Robbery with violence against or intimidation of persons (Arts: 294-298). 279
ii. Section Two - Robbery by the use of force upon things (Arts. 299-305) ......................... 284
B. CHAPTER TWO: BRIGANDAGE (ARTS. 306-307) .............................................................. 287
C. CHAPTER THREE: THEFT (ARTS. 308-311) ....................................................................... 288
D. CHAPTER FOUR: USURPATION (ARTS. 312-313) ............................................................. 293
E. CHAPTER FIVE: CULPABLE INSOLVENCY (ART. 314) ..................................................... 294
F. CHAPTER SIX: SWINDLING AND OTHER DECEITS (ARTS. 315-318) ............................. 294
G: CHAPTER SEVEN: CHATTEL MORTGAGE (ART. 319) ..................................................... 303
H. CHAPTER EIGHT: ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS ........... 304
I. CHAPTER NINE: MALICIOUS MISCHIEF ............................................................................ 306
J. CHAPTER TEN: EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST 308
PROPERTY ........................................................................................................................... .

XI. TITLE ELEVEN: CRIMES AGAINST CHASTITY; ............................... :........................................... 308

A. CHAPTER ONE: ADULTERY AND CONCUBINAGE (ARTS. 333-334) ............................... 309
B. CHAPTER TWO:.ACTS OF LASCIVIOUSNESS (ART. 336) ............................................... 311
C. CHAPTER THREE: SEDUCTION, CORRUPTION OF MINORS, AND WHITE SLAVE 312
TRADE (ARTS. 337-341) .............................. : ........................................................................ .
D. CHAPTER FOUR: ABDUCTION (ARTS. 342-343) ............ :.................................................. 316
E. CHAPTER FIVE: PROVISIONS RELATING TO THE PRECEDING CHAPTERS OF TITLE 317
ELEVEN (ARTS. 344-346) ..................................................................................................... .

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TABLEOF CONTENTS
XII. TITLE TWELVE: CRIMES AGAINST THE CIVIL STATUS OF PERSONS .................................. 319
A. CHAPTER ONE: SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS 319
(ARTS. 347-348) ................................................................... '................................................ ..
B. CHAPTER TWO: ILLEGAL MARRIAGES (ARTS. 349-352) ......................... "...................... 320

XIII. TITLE THIRTEEN: CRIMES AGAINST HONOR............................................................................. 322

A. CHAPTER ONE: LIBEL (ARTS. 353-362) ............................................................................. 322
i. Section One - Definitions, forms, and punishment of this crime (Arts. 353-359) ............. 323
ii. Section Two - General provisions (Arts. 360~362) ......................................................... :. - 327
B. CHAPTER TWO: INCRIMINATORY MACHINATIONS (ART. 363-364) ............ ;.................. 328

XIV. Tl1LE FOURTEEN: QUASI-OFFENSES (ART. 365) ..................................... ,............................... 329

SUMMARY OF ELEMENTS
REVISED PENAL CODE .................... :............................................................................................ :......... 333
SPECIAL PENAL LAWS ....................................... :................................................................................... 385

SPECIAL PENAL LAWS SPLs

I. USERS' GUIDE................................................................................................................................ 408

II. SPLs COVERED BY THE 2020 BAR SYLLABUS ......................................................................... 408

A. New Anti Carnapping Act of 2016 - R.A. No. 10883.............................................................. 409
B. Anti-Electricity and Electric Transmission Lines Material Pilferage Act of 1994 - 411
R.A. No. 7832 ............................................................................................. -.......................... ..
C. The Philippine Fisheries Code of 1998 - R.A. No. 8550, as amended by R.A. No. 10654 ... 414
D. Anti-Fencing Law of 1979 - P.D. No.1612 ............................................................................ 420
E. Bouncing Checks Law - B.P. Big. 22 ..................................................................................... 422
F. Syndicated Estafa - P.O. No. 1689 ..............r--...................................................................... 424
G. Migrant Workers and Overseas Filipinos Act of 1995 - R.A. No. 8042, as amended by 425
R.A. ·No. 10022 ...................................................................................................................... .
H. Anti-Illegal Number Games Law- P.D. No. 1602, as amended by R.A. No. 9287................ 428
I. Comprehensive Firearms and Ammunition Regulation Act - R.A. No. 10591 ....................... 429
J. Anti-Hazing Act of 2018 - R.A. No. 8049, as amended by R.A, No. 11053........................... 431
K. Comprehensive Dangerous Drugs Act of 2002 - R.A. No. 9165, as amended by R.A. No. 434
10640 ·····················································································,················································
L. Code of Conduct and Ethical Standards for Public Officials and Employees - R.A. No. 6713 438
M. Anti-Graft and Corrupt Practices Act - R.A. No. 3019, as amended...................................... 439
N. Anti-Plunder Act- R.A. No. 7080, as amended by R.A. No. 7659......................................... 444
0. Anti-Money Laundering Act of 2001 - R.A. No. 9160 as amended by R.A. No. 9194 and 445
R.A. No. 10365 ...................................................................................................................... .
P. Obstruction of Justice Law - P.D. No. 1829 .......................................................................... 449
Q. Anti-Torture Act of 2009 - R.A. No. 9745............................................................................... 450
R. Anti-Terrorism Act of 2020 - R.A. No. 11479 ......................................................................... 451
S. Human Security Act of 2007 - R.A. No. 9372 ................................................. ...................... 458
T. The Terrorism, Financing Prevention and Suppression Act of 2012 - R.A. No. 10168......... 462
U. Anti-Wiretapping Law - R.A. No.'4200 ................................................................................... 464
V. Cybercrime Prevention Act of 2012 - R.A. No. 10175 ........................................................... 466
W. Anti-Child Pornography Act of 2009 - R. A. No. 9775 ........................................................... 468
X. Anti-Photo and Video Voyeurism Act of 2009 - R.A. No. 9995 .................... :......................... 470
Y. Anti-Sexual Harassment Act of 1995 - R.A. No. 7877 :.......................................................... 471
Z. Anti-Trafficking in Persons Act of 2003 - R.A. No. 9208, as amended by R.A:-·No. 10364 ... 474
AA. Anti-Violence Against Women and their Children Act of 2004 - R.A. No. 9262 .................... 477
BB. Special Protection of Children Against Abuse, Exploitation, and Discrimination Act - R.A. 480
No. 7610 .... :............ :.................................-............................................................................ ..
CC. Safe Spaces Act - R.A. No. 11313 ........................................... ............................................. 484

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DD. Data Privacy Act of 2012 - RA No. 10173 ........................................................................... 487

Ill. OTHER SPLs RELATED TO THE REVISED PENAL CODE ...............,........................................ 489
A. Act Prohibiting the Imposition of Death Penalty in the Philippines - R.A. No. 9346 .................... 489
B. Act Establishing Prescriptive Periods for Violations of Special Laws and Municipal Ordinances, 489
as amended by Act No. 3326 .................................................................................................... :...
C. Anti-Piracy and Anti-Highway Robbery Law of 1974 - P.D. No. 532 ........................................... 490
D. Anti-Hijacking Law - RA No. 6235.............................................................................................. 491
E. Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other 492
Crimes Against Humanity - RA No. 9851 .................................................................................. .
F. Anti-Alias Law - R.A. No. 6085..................................................................................................... 495
G. Anti-Gambling Act - P.O. No. 1602, as amended by RA No. 9287 ............................................ 497
H. An Act Decriminalizing Vagrancy - RA No.10158 ...................................................................... 498
I. An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been Unlawfully 498
Acquired by Any Public Officer or Employee and Providing for the Proceedings Therefore -
R.A. No. 1379 ................................................................................................................................ .
J. Anti-Arson Law- P.O. No. 1613, as amended by P.O. No. 1744 ................................................ 499
K. Trust Receipts Law - P.O. No. 115 .................................................. .'........................................... 502
L. An Act Repealing the Crime of Premature Marriage Under Art. 351 of the RPC- R.A. No. 10655 504
M. Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel 504
1
Cases - Administrative Circular 08-2008 ........... ......................................................................... .

BIBLIOGRAPHY........................................................................................................................................ 506

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MEM✓Q~Y AID
San Beda University College Of law - RGCTBar Operations Center

I FUNDAMENTAL
PRINCIPLES
I
lriminaf law flriminalFl'mcei:h.rne

~s to ~utfioFi~ Wfl<>Mar ~romcdgate

It is enacted
Congress.
by It is promulgated by the
judiciary.
CRIMINAL LAW (AMURAO, Commentaries on Criminal Law RPG
It is that branch or division of law which defines Book One, (2013), p. 1 [hereinafter AMURAO, Book
crimes, treats of their nature, and provides for their One]).
punishment (REYES, The Revised Penal Code,
Book One, (2021), p. 1 [hereinafter REYES, Book
TERMS:
One]).
1. Crime
Penal laws are those acts of the Legislature, which - act or om1ss1on punishable by law
prohibit certain acts and establish penalties for their (CAMPANILLA, Criminal Law Reviewer, Volume
violations; or those that define certain acts and I, (2020), p. 48 [hereinafter I CAMPANILLA,
establish penalties for their violations; or those that Reviewer]). ,
define crimes, treat of their nature, and provide for
their punishment (Lacson v. Executive Secretary, NOTE: Crime is a generic term that embraces
G.R. No. 128096, January 20, 1999). any violation of the Revised Penal Code, special
penal laws, and municipal or city ordinances
(ESTRADA, Criminal Law: Book One of the
CRIMINAL LAW AND CRIMINAL
Revised Penal Code: Made Easy for Students,
PROCEDURE, DISTINGUISHED Examinees & Practitioners, (2008), p. 2
. r ESTRADA, Book One]).

nishable under the Revised Penal

C, rt. 3; I CAMPANILLA, Reviewer,
~-
It defines crimes, treats
of their nature, and ble under special laws, i.e.
provides for their pr the Revised Penal Code (Id.).
punishment. co
fo
tions of ordi,nances (BOADO, Notes
and Cases on the Revised Penal Code, Books 1
and 2 and Spedal Penal Laws, (2018), p. 41.
[hereinafter BOADOJ).
Prospective, unless Retroactive; in favor of
favorable to the the ends of substantial !?- Ma/um in se ("evil in itself')
accused, provided that justice, crime or an act that is inherently immoral,
the accused is not a such as murder, arson, or rape (Black's Law
habitual delinquent. Dictionary, 9th Ed.).

EXECUTIVECOMMITTEE
DOHN ALFRED E. AQUILIZAN, Over-All Chairperson I NICHOLE VANE B. SANTOS, Chairperson for Academics I RONALYN A.
GACULA, Ad Hoc Director for Bar Matters I MARIELLE CIELO B. BELGIRA, Vice Chairperson for Finance I JUAN INIGO S. MIGUEL,
Vice Chairperson for Operations I ALISSA MARIE D.C. DELOS SANTOS, Vice Chairperson for Audit I CORINA ·R. TAMPUS, Vice
Chairperson for Secretariat I ARVY KEITH N. CHUNG, Vice Chairperson for Logistics I ANTONIO JUN-JUN C. MANALIGOD IV, Vice
Chair erson or Membershi ORD AN N, CHAVEZ, Vice Chair erson or Electronic Data Processin

YVEZZA KAMELE M. GUMAPAC, Subject Chair I KIRSTIE MARIE B. SALDO, Assistant Subject Chair I ISABELLE GLORIA I.
VILLENA, Subject Electronic Data Processing ISUBJECT HEADS: JUDEA ARA T. BA GTANG and CLARICE J. ANDAYA, Criminal Law
I I GERALDINE MARIE FRANCES B. VELASCO and ANGELA MICHAELLA S. YUMUL, Criminal Law II I KATE BERNADETTE T.
MADAYAG, SpecialPenal Laws I
iDJ:JJg;1~13~i:j§;€
JERK ENRIC C. ALCAIDE, JERENEL MAE 0. RENDON, CHANTAL MARIES. SANGGALANG, ANDREA MAE T. BANADERO,
JEROME L. LEANO, MA. ANGELIKA C. ALVARADO, ROMAVAIL ANGELIE F. ORCULLO, DANA JEUZEL S. MARCOS,
ROCHELLE S. ENRILE andJOSE LORENZO B. VILLAVERT
ADVISERS
Justice BERNELITO R. FERNANDEZ, Judge GINA M. BIBAT-P ALAMOS, Atty. LYAN DAVID M. JUANICO, and
Atty. RYANS. MERCADER

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6. Ma/um prohibitum ("prohibited evil")
act that is a crime merely because it is
prohibited by statute, although the act itself is not
necessarily immoral (Id.).
Felonies and Offenses, Distinguished
Crimes under the RPG are called felonies although
it is not wrong to call felonies as offenses also. On
the other hand, crimes penalized by special laws are
termed as offenses, but they cannot be called
interchangeably as felonies (BOADO, Compact
Reviewer in Criminal Law, (2019), at 23 [hereinafter,
BOADO, Compact Reviewer]).
THEORIES IN CRIMINAL LAW:
1. Classical or Juristic Theory
It states that the basis of criminal liability is
human free will and the purpose of the penalty
is retribution (REYES, Book One, p.31).
Its basic postulate is that humans. are rational
and calculating beings who act according to their
liking. They do not commit orimin.al rJcts if
threatened with punishment.
The concept of mens ,ea-defined ai a guilty
mind, a guilty or wrongful purpose or criminal
intent-is the main consideration (Villareal v.
People, G.R. No. 151258, February 1, 2012).
NOTE: The Revised Penal Code belongs to the
classical school of thought fVif{areaty. People,
G.R. No. 151258, February1;2q12). ·
2. Positivist or Realistic Theory
The basis for criminal liability is theJ,um total·
of the social and economic phenomena to which
the offense is expressed (De Joya,v, Ja#
Warden of Batangas City, G.R. Nos. 159418-19,
December 10, 2003). · 1, ·N9 e.i' post facto law or bill of attainder
Man is subdued occqsionally by a strange and
morbid phenomenon which constrains him to do
wrong, in spite of or contrary to his volition.
The crime is essentially a social and natural
phenomenon and as such, it cannot be treated
and checked by applying law and jurisprudence
nor by imposition of a punishment, fixed and
determined apriori (REYES, Book One, supra at
32).
The purpose of penalty is to secure justice. The
penalties should not only be retributive but also
reformative (De Joya v. Jail Warden of Batangas
City, G.R. Nos. 159418-19, December 10,
2003).
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CRIMINAL LAW I
CriminalLaw
3. Eclectic or Mixed Theory
A combination of the good features of both
the classical and the positivist theories.
The classical theory should be applied to
grievous or heinous crimes, whereas, the
positivist is made to apply on economic and
social crimes (BOADO, supra at 8-9).
4. Utilitarian or Protective Theory
Criminal law affirms that the primary function
of punishment is to protect society from potential
and actual wrongdoers (Vergara v. People, G.R.
No. 160328; February 4, 2005).
SOURCES· OF CRIMINAL LAW:
1. The Revised Penal"Code (Act No. 3815) and its
amendments;
2. Special Penal Laws passed by:
· a. Philippine Commission;
b. Philippine Assembly;
o. fJhiliP!line Legislature;
d......Nation,alAssembly;
.Jt 'Cpn'§ress'Q! the Philippines; and
f. · ;.Bat~'sB,;lJ11;Pambansa;
and
3. Penal i:-celidential Decrees issued during
Martial La!J,,i(REY~S,Book One, supra at 1).
,. •.❖ ,.
Police Ffower a~'Basis.
The State has t~e authority, under its police power,
as
to define and pu~ish Well as to lay down the rules
of criminat·procedure (/(} at 2).
LIMITATIONS ON THE POWER OF
CONGRESS TQENACT PENAL LAWS
The Congress, in enacting penal laws are restricted
PYthe,following Constitutipnal limitations:
'Shall be enacted (CONST. Art. Ill, Sec. 22). /
Ex post facto law
It is a penal law which is given retroactive
application to the prejudice of the accused
(BOADO, page 4).
A law which: (MACAAD)
1. Makes criminal an act done before the
passing of the law and Which was innocent
when committed, and punishes such an
action;
2. Aggravates a crime, or makes it greater than
it was, when committed;
3. ~hanges the punishment and inflicts a
greater punishment than the law annexed to
the crime when it was committed;
4. Alters the legal rules of evidence, and
authorizes conviction upon less or different
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MEM:Q~YAID
sanSeda UniversityCollege of taw - RGCTBar Operations Center
testimony than the law required at the time
of the commission of an offense;
5. Assumes to regulate civil rights and
remedies only, in effect imposes penalty or
deprivation of a right for something which
when done was lawful; and
6. Q.eprives a person accused of a crime some
lawful protection to which he has become
entitled, such as the protection of a former
conviction or acquittal, or proclamation of
amnesty (Lacson v. Executive Secretary,
G.R. No. 128096, January 20, 1999).
NOTE: The prohibition applies only to criminal
legislation, which affects the substantial rights of
the accused (Wright v. Court of Appeals, G. R.
No. 113213,August15, 1994).
Bill of Attainder
It is a legislative act that inflicts punishment
without judicial trial. Its essence is the
substitution of legislative act for a judicial
determination of guUt (People v. Ferrer, G.R,
Nos. L-32613-14, December 27, 1972).
2. No person shall be held to answer for a
criminal offense without due process of
law (CONST., Art. Ill, Sec. 14, Par. (1)).
3. It should not impose cruel and unusual
punishment nor should it impose
excessive fines (CONST., Art. Ill, Sec. 19,
Par. (1)).
~~~M~
R.A. No. 9346, approved on June 24, 2006
prohibits the imposition of death penalty
therefore repealing R.A. No. 7659, and all ()ther
laws, executive orders and decrees, insofar as
they impose the death penalty (R.A. No. 9346,
Sec. 1).
In lieu of the death penalty, the following shall be
imposed:
1. The penalty of reclusion perpetua, when the
law violated makes use of the nomenclature
of the penalties of the RPG; or
2. The penalty of life imprisonment, when the
law violated does not make use of the
nomenclature of the penalties of the
Revised Penal Code (R.A. No. 9346, Sec.
2).
4. No person shall be deprived of life,
liberty, or property without due process
of law, nor shall any person be denied
the equal protection of the laws (CONST.,
Art. Ill, Sec. 1).
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The law must be general in application and
must comply with the requirements of both
procedural and substantial due process
(BOADO, supra at 1).
5. Freedom of Expression (CONST. Article Ill,
Sec. 4).
The guaranties of a free speech· and a free
press include the right to criticize judicial
conduct. The administration of the law is a
matter of vital public concern. Whether the law
is wisely or badly enforced is, therefore, a fit
subject for proper comment. If the people cannot
criticize a justice of the peace or a judge the
same as any other public officer, public opinion
will be effectively muzzled (U.S. v. Bustos, G.R.
No. L-12592, March 8, 1918).
6. Freedom of Religion (CONST. Article /II,
Sec. 5).
In simplest terms, the Free Exercise Clause
prohibits government from inhibiting religious
beliefs with penalties for religious beliefs and
,. practice, while the Establishment Clause
, .• \R~ohibiti:,government from inhibiting religious
,.:~lllM;,l;T~ rewards for religious beliefs . ~nd
practices.; In other words, the two religion
clauses were intended to deny government the
power ,fo · u$0 either the carrot or the stick to
influeoce individual religious beliefs and
practi:es .(Estrada v. Escritor, A.M. No. P-02-
165.1 (form(:Jrfi OCA I.P.I. No. 00-1021-P)
(Ri . 22, 20061).
7. Free access to the courts and quasi-
.
Yi'''t·!z•il
..U,~icial bodies and adequate legal
.s}'.:t:;;;;,,H{\attawtanceshall not be denied to any
person by reason of poverty (CONST.
Article Ill, Sec. 11).
8. Right to remain silent and have
competent and independent counsel
(CONST. Article Ill, Sec. 12[1]).
9. No person shall .be compelled to be a
witness against himself (CONST. Article /II,
Sec.17).
1o. No person shall be imprisoned for debt
or non-payment of a poll tax (CONST.
Article Ill, Sec. 20).
11. Against Double Jeopardy (CONST. Article
/II, Sec. 21).
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CRIMINAL LAW I
Criminal Law

CHARACTERISTICS OF CRIMINAL LAW: security of the Philippines,

punishable under the laws of the
(GTP)
Philippines, but not under the laws
1. General; of the US.
2. Territorial; and b. US authorities exercise exclusive
3. frospective (REYES, Book One, supra at 8). jurisdiction over US personnel with
respect to offenses, including -
I. GENERAL offenses relating to the security of
Generality Principle the US, punishable under the laws
Penal laws and those of public security and of the US, but not under the laws of
safety shall be obligatory upon all who live and the Philippines.
sojourn in the Philippine territory, subject to the
principles of public international law and to treaty An offense relating to security means:
stipulations (CIVIL CODE, Art. 14). 1. Treason;
2. Sabotage;
The Court held in the case of Del Socco"o v. 3. Espionage; or
Van Wilsem (G.R. No. 193707, December 10, 4. Violation of any law relating to
2014), that the Territoriality Principle in criminal national defense.
law, in relation to Article 14 of the New Civil
Code, applies on the question of law 3. In cases where the right to exercise
concerning the liability of a foreign nati.gnafwho . jurisdiction is concurrent
allegedly commits acts and . bmi~sions ···a, Philippine authorities shall have the
punishable under special ctiminaI . la\Ns, · primary right to exercise jurisdiction
specifically in relation to family rights anc;iduties over all offenses committed by US
(refusing to support his <:;hilcf~itl'J. petttioner pe~onnel, except in cases provided
committed here in the Philit)QITleS):,As ~uch, our for irtparagraphs l{b), 2{b), and 3(b)
courts have territorial furisdictj'on over the of this.Article.
-offense charged against the respondent. b. US tn\!itary authorities shall have
the. p(imary right to exercise
EXCEPTIONS: . . 1urisdicjon over US personnel
1. Treaty Stipulationi- (F?,PC;
Art. 2);0 ~l.'.Jbje•~Oo
the military law of the US
:in relation to:
Example: .._.. _c. ____
. _.·.
_, -·i. ·•Offenses solely against the
The.Agreement between'th~ USA Mathe property or security of the US or
Republic of the Philippines Regardi~g the offenses solely against the
Treatment of United States ft:rmed Forces . property or person of US
Visiting the Philippines (RP-US \4~iting . • personnel; and
Forces Agreement, (VFA]). -~ ii. Offenses arising out of any act
or om1ss1on done in
Rules on Criminal Jurisdiction (Art. Y of performance of official duty.
VFA): c. The authorities of either
1. Criminal and disciplinary jurisdiction government may request the
a. Philippine authorities shall have authorities of the other government
jurisdiction over US personnel with to waive their primary right to
respect to offenses committed exercise. jurisdiction in a particular
within the Philippines and case (Art. V (3)(c)). ·
punishable under the law of the
Philippines. 2. Principles of Public International Law
b. US military authorities shall have (CIVIL CODE, Art. 14); and
the right to exercise within the
Philippines all criminal and The following persons are not subject to the
disciplinaryjurisdiction conferred on operation of our criminal laws: (SCAMR)
them by the military law of the US 1. §.overeigns and other heads of state;
over US personnel in the 2. ~harges d'affaires;
Philippines. 3. Ambassadors;
4. Ministers plenipotentiary; and
2. Relating to security 5. Other Representatives accredited to
a. Philippine authorities exercise the host heads of the State Ministers
exclusive jurisdiction over US resident (REYES, Book One, supra at
personnel with respect to offenses, 153).
including offenses relating to the

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MEK-Q~YAID
San Seda UniversityCollege of law - RGCTBarOperations Center

Health v. Phil Pharmawealth, Inc., G.R. No.

Blanket Diplomatic Immunity 169304, March 13, 2007).
GENERAL RULE: Diplomatic
representatives, such as ambassadors or Consuls in the Exercise of their Function
public ministers and their official retinue, Consuls do not ordinarily enjoy the
possess immunity from the criminal traditional diplomatic immunities and
jurisdiction of the country of their sojourn privileges accorded diplomats, mainly
and cannot be sued, arrested, or punished because they are not charged with the duty
by the law of that country (II Hyde, of representing their states in political
International Law as cited in REYES, Book matters (BOADO, supra at 34).
One, supra at 15; 1961 Vienna Convention
on Diplomatic Relations, Article 29 and 31). Under the present rule, consular officers arf:l
immune· from criminal prosecution of acts
Diplomatic agents are the heads of missions performed in the exercise of their functions
or members of the diplomatic staff· (Vienna (1967 Convention on Consular Relation,
Convention on Diplomatic Relations, Article cited in I CAMPANILLA, Reviewer, supra at
I (e)), and are vested with blanket 22).
diplomatic immunity from civil and criminal
suits (Minucher v. Court of Appeals, G.R. Warship Rule
No. 142396, February 11, 2003). A warship of another country even though
docked in ·the Philippines is considered as
The main yardstick in ascertaining whether an extension of the territory of their
a person is a diplomat entitled to immunity is respective country (United Nations
the determination of whether or not he. 1t;/ Convention on the Law of the Sea, Art. 27
performs duties of diplomatic nature · . >:f' [her;.7{nafter UNCLOSJ).
(Minucher v. Court of Appeals, G.R. No. ;(:~
s,~z<-;f
~:\~:
~): ·-··,·-·
,-,
142396, February 11, 2003). :/ 3. :,i~~:of Preferential Application (RPC,
Art. 2).,
i.,.
State Immunity
The State may not be sued without its Thesf a~ exemplified by:
consent (Constitution, Sec..3; Article XVI). A 1.." $ec. 11 Art. VI of the 1987
sovereign is exempt from suit, not because O'c>nstttution
of any formal conception;<>robsolete theory, 'it,r:zf!,!·~f- immunity from prosecution to
but on the logical and practical ground that. ':;t->congm'ssmen and senators
there can be no legal right as.against the (REGALADO, Criminal Law
authority that makes the law on whi.Ohthe Conspectus, (2017), p. 5 [hereinafter
right depends (Repul:)lic v. Vi/lasor, G;R. No. REGALADO]). '
L-30671,. November 28, 1973). '
2. P.D. No. 1083
Suing a representative of a state rslllelieved Under Art. 180 of P.D. No. 1083,
to be, in effect, suing the state itself. The penal laws relative to the crime of
proscription is not accorded for the benefit of bigamy (punishable under Art. 349 of
an individual but for the State, in whose· the RPC) shall not apply to a person
service he is, under the maxim - par in married under Muslim Law where the
parem, non habet imperium that all states requirements set therein are met (I
are sovereign equals and cannot assert CAMPANILLA, Reviewer, supra at 22).
jurisdiction over one another (Minucher v.
Court of Appeals, G.R. No. 142396, NOTE: If the marriage is not solemnized
February 11, 2003). in accordance with Muslim Law, the
accused cannot claim criminal
EXCEPTION: The doctrine of immunity from exemption from liability for bigamy on
suit is not applicable if the public official is the basis of his religious belief as a
charged in his official capacity for acts that Muslim because of the generality
are unauthorized or unlawful and injurious to principle (Id. at 23).
the rights of others. Neither does it apply
where the public official is clearly being sued 3. R.A. No. 75
not in his official capacity but in his personal It exempts from arrest or
capacity, although the acts complained of imprisonment ambassadors or public
may have been committed while he ministers of any foreign State,
occupied a public position (Department of authorized and received as such by the

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President, or any domestic or domestic
servant .of any such ambassador or
minister, provided that the foreign State
provides similar protection to Philippine
diplomatic representatives (REYES,
Book One supra at 14).
What the Law Prohibits
Any writ or process issued out or
prosecuted by any person in any court
of the Republic of the Philippines, or by
any judge or justice, whereby the person
of any ambassador or public minister of
any foreign State, authorized and
received as such by the Pre~ident, or
any domestic or domestic servant of any
such ambassador or minister is arrested
or imprisoned, or his goods or chattels
are distrained, seized, or attached, shall
be deemed void (R.A. No. 75, Sec. 4).
EXCEPTIONS:
1. Citizen or inhabitant bf tt:)e Reput)jic
of the Philippines•prc>videct that:
a. He/she is in !;e,f\{ice of an
ambassador;
IJ. Process? is fout'lded • upon a
debt; and
c. The debt.is contracted before
he entered upon sucrn service
(R.A. No. 75, $ec. 5).•
2. Domestic , _serv:onts of an
ambassador 10( f publiG minister ,
unless: \ , reason that the /individual is exempt from·
a. Name of the servant has been
registered'i:n the DFA;and
b. Such registr,ation We$, _ made ,
before the issuance 'of the ·
process against the·· servant
(R.A. No. 75, Sec. 5); ·
NOTE: Not applicable when the foreign
country adversely affected does not
provide similar protection to our
diplomatic representatives (R.A. No. 75,
Sec. 7).
II. TERRITORIAL
Criminal laws undertake to punish crimes
committed within the Philippine territory
(REYES, Book One, supra at 19). The basis of
this is Art. 2 of the RPC (BOADO, supra at 10).
GENERAL RULE: Penal laws of the Philippines
are enforceable only within its territory (REYES,
Book One, supra at 19).
National Territory
The Philippine national territory comprises the
Philippine archipelago, with all the islands and
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CRIMINAL LAW I
· CriminalLaw
waters embraced therein, and all other territories
over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial
and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and
other submarine areas. The waters around,
between, and connecting the• islands of the
archipelago, regardless of their breadth and
dimensions, form part of the internal waters of
the Philippines (CONST., Art. 1).
NOTE: Under Art. 3 of the UNCLOS, the
territorial sea extends up to twelve (12) nautical
miles from the baseline, within which all penal
laws apply. Further, the contiguous zone
extends from the limits of the territorial sea up to
twenty-four (24) nautical miles from the baseline
within which the State has the power to prevent
and punish infringement of customs,
immigration, fiscal and sanitary laws. (UNCLOS,
Art. 33).
. Jurisdiction over Crimes Committed Within
the_Grounds•of an Embassy
· "The grpund occupied by an embassy is not in
factUheterritory M the foreign State to which the
premises ; belong through possession or
ownership. The lawfulness or unlawfulness of
acts there committed is determined by the
territorial sovereign; If an attache commits an
offehse withhth"t:t precincts of an embassy, his
immunity from pmsecution is not because he
has; not violatectlh¢ local law, but rather for the
· prosecuijOn. If a person not so exempt, or whose
immunity is waived, similarly commits a crime
thereih, the territorial sovereign, if it secures
.custody of ,the offender, may subject him to
.. prosecuJion, even though its criminal code
; norn:ially does not contemplate the punishment
of' one who commits an offense outside of the
national domain (Reagan v. Commissioner of
Internal Revenue, G.R. L-26379, December 27,
1969).
However, jurisdiction of the Philippines over the
embassy is limited or restricted by "the principles
of inviolability of diplomatic premises," which is
a generally accepted principle of international
law (I CAMPANILLA, Reviewer, supra at 24-25).
(Proceed to the discussion on Art. 2 for the
details of the extra-territoriality principle, page 9
of this Memory Aid.)
Ill. PROSPECTIVE
GENERAL RULE: Criminal law merely
punishes crimes committed on or after its
effectivity (I CAMPANILLA, Reviewer, supra at
32).
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MEK✓O~Y AlD .
San 8eda UniversityCollege of Law - RGCTBar Operations Center

Repeal or Effect
Without prejudice to the provisions contained in
Amenchnent
Article 22 of this Code, felopies and
misdemeanors, committed prior to the date of If the repealing law Then the accused cannot
effectiveness of this Code, shall be punished in fails to penalize the be convicted under the new
accordance with the Code or Acts in force at the offense under the old law.
time of their commission (RPG, Art. 366). law

Self-repealing law If a new law omits Then it operates as a

Self-repeal is one where the law expires on its anything contained in repeal of anything not so
own terms and provisions. The expiration of a the old law dealing on included in the amendatory
self-repealing law has the same legal effect as the same subject act.
an absolute repeal (REYES, Book One, supra at (REYES, Book One, supra at 23-26).
27).
EFFECTS OF PARTIAL REPEAL
When an.act expires by its own limitations, the
effect is same as though it has been repealed at ~artial Repeal Effect
the time of its expiration. It is a recognized rule
that the repeal of a law carries with it the If the repealing law The court retains the
deprivation of the courts of their jurisdiction to penalizes the authority to try and sentence
try, convict, and sentence persons charged with same act punished the accused under the old
violations of the law prior to the repeal (REYES, by the repealed law law or the law existing at the
Book One, supra at 28). time of commission (U.S. v.
Cuna, G.R. No. 4504,
December 15, 1908).
Effect of Amendment
Amendment of penal law shall be given a
:ff' the.•'$t~ act is The accused shall suffer the
prospective effect. But if the amendatory law is punished . ·1;1y;. both penalty provided by the new
favorable to accused, who is not a habitual
the repeaUngi and law because a penal law
delinquent, the same shall be given a retroactive
the · rep~I~ \c_law may be given retroactive
effect (I CAMPANILLA, Reviewer, supra at 39).
and the penalty effect when it is favorable to
provided by ~e the accused provided that
EFFECTS OF REPEAL OR AMENDMENT new,.~ 1~:;;~~~'.,.he is not a habitual
ON PENAL LAW , • <\,? 1r ;:' AJ~;" delinquent and that the new
law does not prohibit
Re(\leal or Effect
Amen<lme11t
retroactivity (U.S. v.
Soliman, G.R. No. 11555,
If the repeal makes Then the new law shall be January 6, 1917).
the penalty lighter in applied. '
the new law If the new law The heavier penalty under
Except when the offender makes the new law cannot be
is a habitual delinquent or the penalty more imposed (AMURAO, Book
when the new law is made burdensome One, supra at 16).
not applicable to pending
action or existing causes of
action. EFFECTS OF OBLITERATION OF THE
If the new law Then the law in force at the CRIME
imposes a heavier time of the commission of Obliteration Effect of Obliteration
penalty . the offense shall be
applied. If the criminal case is The case shall be
If the new law totally Then the act which was still pending in court dismissed since the court
repeals the existing penalized under the old law loses jurisdiction to try and
law is no longer punishable and decide it in view of the
the offense ceases to be obliteration of the offense
criminal. from the statute books

If the new law and the Then the offender can be When the case is Accused shall be released
old law penalize the tried under the old law. already decided by from detention for the
same offense the court and the same reason

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Obliteration Effect of Obliteration
accused is serving
his sentence
If the criminal case is It can no longer be filed
not yet filed in court since the act no longer
constitutes a crime
(REYES, Book One, supra at 23-26).
Retroactive Effect
The following are the exceptions to the
prospectivity principle wherein penal laws can
be applied retroactively:
1. When the law is favorable to the accused;
and
2. When the law decriminalizes an act.
Laws that decriminalize an act or a grant of
amnesty may have retroactive effect.---They
constitute a bar against the further,,roseoution
of their beneficiaries regardI6$S .of the.
appearance of their guilt (Mapg, .Jr:' · v:
Sandiganbayan, G.R. No. 100295, April 26,
1994).
Examples:
1. R.A. No. 10158 decriminalizes vagrancy
under Article 202 of'the RPC since vagrants
as victims of poverty should be protected
rather than punished. · statute, one thai is prejudicial to the accused and
2. R.A. No. 10655 decrirtltn.!llizes·premati.Jre
marriage under Arti4le 35'1 ,of the RPC for
being discriminatory and antiquated .{I
· GAMPANILLA, Reviewer, supra at 34).
EXCEPTIONS (no retroactiv~ effect):,.
1. Where the new law is expressly ni'Me ..
inapplicable to pending actions or existing
causes of action (Tavera v. Valdez, G.R. No.
922, November 8, 1902); and •·
2. Where the offender is a habitual criminal
(RPG, Art. 22).
NOTE: Even if accused is a habitual delinquent,
R.A. No. 10951 can still be given retroactive
effect because said law provides that for cases
pending before the courts upon the effectivity of
this Act where trial has already started, the
courts hearing such cases shall not lose
jurisdiction over the same by virtue of this Act
(An Act Adjusting the Amount or the Value of
Property and Damage on Which a Penalty is
Based, and the Fines Imposed under the RPG,
R.A. 10951, Sec. 101, August 29, 2017).
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CRIMINAL LAW I
Criminal Law
OTHER PRINCIPLES OF CRIMINAL LAW
Pro Reo Doctrine
In dubio pro reo means "when in doubt, for the
accused." (People v. Ong, G.R. No. 175940,
February 6, 2008). It is intended to favor the accused
by imposing a single penalty irrespective of the
crimes. committed. The rationale• being, that the
accused who commits two crimes with single
criminal impulse demonstrates lesser perversity than
when the crimes are committed by different acts and
. several criminal resolutions (People v. Comadre,
G.R. No. 153559, June 8, 2004).
BASIS: The fundamental principle in applying and
interpreting criminal laws is to resolve all doubts in
favor of the accused. This is in consonance with the
constitutional guarantee that the. accused shall be
presumed innocent unless arid until his guilt is
establish beyond reasonable d9ubt (Intestate Estate
bfGorrz,.ales v. People, G.R. No. 181409, February
1),2010):
·· · RAllONALE: 'to all criminal prosecutions, the
ac~used shall be. presumed innocent until the
contrary is proved (CONST., Art. Ill, Sec. 14, Par.
(2)). ' •.• .
NOTE: The Pro'Reo principle is not the same with
Rule of ~enity. Tpe latt~ rule applies when the court
is faced 'with twqpos$ible interpretations of a penal
another that is!favorable to him. It calls for the
adoption of an _inte;pre~tion which is more lenient to
t~e".~cµsed /lent v.}' Tullett Prebon (Philippines),
G.R No. 18,1158,Ja,rwary 11, 2017).
..,:quippise,_~ule,, ·
.. lf the '.inculpatory facts and circumstances are
tw6
.c,ap;:ible,of or more explanations, one of which is
consi$tent with the innocence of the accused and the
other consistent with his guilty, then the evidence
does not fulfill the test of moral certainty, and does
not suffice to produce a conviction, the same must
be denied (BOADO, supra at 16).
Legal Maxims
1. Nullum crimen nu/la poena sine lege
There is no crime when there is no law that
punishes it.
2. Actus non facit reum, nisi mens sit rea
The act cannot be criminal unless the mind
is criminal.
3. Actus me invito factus non est meus actus
An act done by me against my will is not my
act.
4. E/que es causa de la causa es causa de/ ma/
causado ·
He who is the cause of the cause is the
cause of the evil caused.
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\ I

·MEM✓Q~Y AID
San BectaUniversityCollege of Law - RGCTSar OperatiOnSCenter

Rules on Construction of Penal Laws
1. Criminal statutes are to be strictly con~trued
- against the Government and liberally in favor of
the accused (People v. Atop, G.R. No. 14303-0,;.
February 10, 1998). This interpretation can only
be invoked where the law is ambiguous and
there is doubt as to its interpretation (REYES,
Book One, supra at 27).
2. In construing the Old Penal Code and the RPC,
the Supreme Court had accorded respect and
persuasive, if not conclusive effect to _the
decisions of the Supreme Court of Spain
interpreting and construing the 1850 Penal Code
of Spain (People v. Escote, Jr., "G.R. No.
140756,Aprll4, 2003).
. the state, are not amenable to its laws (e.g .
Courts must not bring cases within the provision of a
law that are not clearly embraced by it. No act can
be pronounced criminal unless it is clearly made so
by statute prior to its commission. No person who is
not clearly within the terms of a statute can be
brought within them (Causing v. Commission on
Elections, G.R. No. 199139, September 9, 2014).
rf-'.:.:;:: of preferential application (BOADO, supra at
NOTE: Crimes committed outside the Philippines
but punishable under Art. 2 of the RPC shall be
cognizable by the court where the criminal action is
first filed (RULES OF COURT, Rule 110, Sec. 15,
Par. (d)).
APPLICABILITY OF THE RPC
1. Extra-territoriality
RPC is applicable even though outside the
Philippine territory. (See discussion under
Territorial as a characteristic of criminal law.)
2. Exterritoriality
a term of international law which signifies
the immunity of certain persons who, although in
ambassadors, ministers plenipotentiary etc.).
3. lntraterritorialjty
RPC is made applicable within the
Philippine Archipelago, including its
atmosphere, its interior waters and maritime
zone, except as provided in the treaties and laws

I. PRELIMINARY TITLE
I
. ;;c Nic±~~t~t/t:
7
,::.,J~-l
EXTRA-Tl:RRITORIALITY PRINCIPLE
It means thaf the Philippines has jurisdiction over
crimes committed outside its territory as provided in
REVISED PENAL CODE (RPC) Art. 2, paragrc;
! ;
phs;.1
'.·
to 5 of the RPC, to wit: (SCIPA)
(Act No. 3815, as arnencled)
1. . ··:¥:t6fan offense while on
An Act Revising the Penal Code and other Penal
_' ip or airship;
Laws
❖,•··

The RPC cor,isists of two books:
1. Book One
consists of two parts:
a. Basic principles affecting criminal liability
(Arts. 1-20);
b. Provisions on penalties including criminal
and civilliability (Arts. 21-113); and
2. BookTwo
defines felonies with the corresponding
penalties, classified and grouped under 14
different titles (Arts. 114-367).
ARTICLE 1
TIME WHEN ACT TAKES EFFECT
The RPC was approved on December 8, 1930. It
took effect on January 1, 1932.
ARTICLE 2
APPLICATION OF ITS PROVISIONS
Art. 2 sets forth the instances in which the provisions
of the RPC are applicable although the felony is
committed outside the Philippine Territory.
~•·;_._:1:vt;i.Requisites:
g;,:I~:?f;l!;Jsf;J:;l:le crime must be committed on board a
•..••• . U ''·'"private or merchant ship;
2. ·The ship or airship must be registered in the
Philippines under Philippine laws; and
3. The crime must be committed while the
registered Philippine ship is on international
waters (AMURAO, Book One, supra at 39).
Philippine vessel or aircraft
One which is registered with the Maritime
Industry Authority (MARINA) or with the Civil
Aeronautics Board (CAB) in accordance wlth
Philippine laws.
The RPC applies when such Philippine vessel is
found within:
1. Philippine waters; or
2. Tfie high seas.
Foreign Merchant Vessel
Just as our merchant ship is an extension of our
territory, foreign ship is considered an extension
of the territory of the country to which it belongs.
An offense committed on the high seas on board

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a foreign merchant vessel is not triable by our
courts (U.S. v. Fowler, G.R. No. L- 496,
December 31, 1902).
But a continufng crime committed on board such
vessel sailing to the Philippines is triable in our
courts (REYES, Book One, supra at 36).
NOTE: The country of registry, not the
ownership, determines· its nationality (U.S. v.
Fowler, G.R. No. L- 496, December 31, 1902).
Rules on Jurisdiction of Foreign Merchant
Vessels
There are three fundamental rules in
International Law regarding crimes committed
aboard a foreign merchant vessel (not military
vessel), if the same is within the 12-mile
territorial water of the Philippines (not internal
or archipelagic water or high seas), to wit;
1. French Rule . ·
Under the French rule {F!clg State
Principle), crimes committed. __ ao,oard a·
foreign merchant vessel witbin the.territorial
waters of the Philippines .are subject to the
jurisdiction of the flag state.· unless their
commission affects the peaye and security
of our country (I CAMPANILLA, Reviewer,
supra at 25).
2. English Rule
Under the English rule (Coastal State·
Principle), c~imes · corjim~ed aboard a
foreign merchant vessel within the territorial
water of the Philippines (coastal State) are.
subject to the jurisdiction of the Philippines
unless their commission does not affect the
peace and security of our oountr/or has. no
pernicious effect therein (Id af 25-26).
3. Convention of the Law of the Sea
The flag of the state of foreign merchant
vessel passing through the territorial sea of
Philippines (coastal state) has jurisdiction
over crimes committed therein. However,
the Philippines can exercise jurisdiction to
arrest any person or to conduct any
investigation in connection with any crime
committed on board the ship during its
passage in following cases: (1) if the
consequences of the crime extend to the
Philippines; (2) if the crime is of a kind to
disturb the peace of the Philippines or the
goQd order of the territorial sea thereof; (3) if
the assistance of the local authorities has
been requested by the master of the ship or
by a diplomatic agent or consular officer of
the flag State; or (4) if such measures are
necessary for the suppression of illicit traffic
in narcotic drugs or psychotropic
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CRIMINAL LAW I
Criminal Law
substances (Section 2, Article 27 of the
Convention of the Law of the Sea) (Id at 26).
NOTE: Under the old rule, the controlling
principle was the English rule (People v. ·cheng,
G.R. No. L-18924, October 19, 1922). But since
the Philippines is a signatory to the Convention
of the Law of the Sea, it must be considered in
determining jurisdiction over crime committed
aboard a foreign ship within the territorial water
of the Philippines _(I CAMPANILLA, Reviewer;
supra at 25-26).
Rules on Crimes Committed on Ships or
Airships.
1. In crimes committed on Philippine ships or
airships, the provisions of the RPC of the
Philippines apply whether the said ship or
airship is found in Philippine waters or in the
high seas as long as the ship or airship is
· · registered under the Philippine laws;
NOTE:When a merchant ship of Philippine
nationality is in the Philippines and a crime
is committed therein, there is no question as
to fhejurisdiction over the crime, it being
within ,the Phliippine territory. If it is in the
~igh se~~ where no country has jurisdiction,
the Philippines :Still has jurisdiction. BUT if it
is within the territory of another country, the
jur.igdiction is 9enerally with that foreign
State b;ecaus~ penal laws are primarily
territorial 'frf'applicat,on. BUT if that country
will not take cognizance, pursuant to Art. 2
of th.e RPC, the Philippines can assume
jurisdiction (BOADO, supra at 38).
2. In crimes committed on private or merchant
·. vessefs found in Philippine territorial waters,
, the"English rule shall be applied; and
NOTE:· Mere possession of opium aboard a
foreign vessel in transit is not triable in
Philippine courts, because it being th.e
primary object of Our Opium Law to protect
the inhabitants of the Philippines against the
disastrous effects entailed by the use of this
drug, its mere possession in such a ship,
without being used in our territory, does not
bring about in the said territory those effects
that our statute contemplates avoiding.
Hence such a mere possession is not
considered a disturbance of the public order.
But to smoke opium within our territorial
limits, even though aboard a foreign
merchant ship, is certainly a breach of the
public order here· established, because it
causes such drug to produce its pernicious
effects within our territory (People v. Wong
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\ I
MEM:Q~YAID
Sen 8eda Urwersrty College of I.aw - RGCT 8ar Operations Cenler
Cheng, G.R. No. L-18924, October 19,
1922).
Mere possession of opium aboard a foreign
vessel NOT in transit (that is, the Philippines
is its terminal port) is punishable because it
can already be considered as illegal
importation (U.S. v. Ah Sing, G.R. No. L-
13005, October 10, 1917).
3. In crimes committed on foreign warships,
the nationality of the warship or airship
determines the applicable penal laws to the
crimes committed therein as such ships or
airships are considered to be an extension
of the territory of the country to which they
belong (REYES, Book One, supra at 39).
NOTE: Philippine warship and the official
vessel of the President of the Philippines,
wherever they are, are extensions of the
Philippines and its sovereignty (BOADO,
supra at 39). · funds/Property (Art. 221 );
2. Forging or Counterfeiting any coin 1c>r
· Fra~ .L\gainstPublic Treasury and Similar
currency note of the Philippines or
obligations and securities issued by the
Government (RPG, Arts. 163 & 166);
BASIS: Protective principle which contemplates
that the State has juriscUction over ·· acts
committed abroad by nationa1s or foreigners,
which are prejudicial to its national security or
vital interest (I CAMPANILLA, Reviewer, supra
at 29). · (RPG, Arts. 114-123).
Forgery is committed by giving to a treasury or
3iI:?r:1... Examples of crimes against national ·
,cc;\1;:+fa>.qRW~·and the law of nations:
bank note or any instrument payabl& to bearer
or to order th_eappearance of a truEl ge.P)uine
document or by erasing, substituting,
counterfeiting or altering, by any means, the
figures, letters, words or signs contained therein
(RPG, Art. 169).
If forgery was perpetrated abroad, the object of
the crime must be a coin, currency note or
obligations and securities issued by the
Government of the Philippines (BOADO,
Compact Reviewer, supra at 22).
3. Introduction into the Philippines of the
obligations and securities mentioned in
the preceding number;
Those who introduced or brought the
counterfeit items in the PH are criminally liable
even if they were not the ones who counterfeited
the same because introduction and
counterfeiting are separately enumerated under
Art. 2.
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RATIONALE: The introduction of forged or
counterfeited obligations and securities into the
PhHippines is as dangerous as the forging or
counterfeiting of the same, to the economic
interest of the country (REYES, Book One,
supra at 34).
4. fublic officers or employees who
commit an offense in the exercise of
their functions; and
Examples of crimes committed by public
officers:
1. Direct Bribery (Art. 210);
2. Indirect Bribery (Art. 211 );
3. Qualified Bribery (Art. 211-A);
4. Failure to Render Accounts (Art. 218);
5. Failure to Render Account Before Leaving
the Country (Art. 219);
6. Illegal Use of Public Funds or Property (Art.
220);
7. Failure to Make _Delivery of Public
Falsification (Art. 171);
·c::~Qes (Art. 213);
10'.'rvf~lv8;fsationof Public Funds or Property
(Art, 217);and
11. Possession of Prohibited Interest (Art. 216).
(REYJiS, f3o&,~One, supra at 35).
5. GPlltW~!AQ;
,e>f any of the . crimes
Agalltel;,~di'ial security and .the law of
nations defined in Title One of Book Two
1. Treason (Art. 114);
2. Conspiracy and .Proposal to Commit
Treason (Art. 115);
3. Misprision of Treason (Art. 116);
4. Espionage (Art. 117);
5. Inciting to war and giving. motives for
reprisals (Art. 118);
6. Violation of neutrality (Art. 119);
7. Correspondence with hostile country (Art.
120);
8. Flight to enemy's country (Art. 121);
9. Piracy and mutiny on the high seas (Art.
122); and
10. Qualified Piracy (Art. 123).
NOTE: Rebellion is excluded because it is a
crime against public order (BOADO, supra at
40).
Terrorism as defined by R.A. No. 9372;
otherwise known as the Human Security Act of
2007, is now a crime against national security
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and the law of nations (REYES, Book One,
supra at 39).
SOME- SPECIAL PENAL LAWS WITH
EXTRA-TERRITORIAL APPLICATION
1. Human Security Act of 2007
The Act shall apply to individual persons who,
although physically outside the Philippines shall:
a. Conspire .,,or plot to commit any of the crimes
punished in the Act;
b. Commit any of said crimes on board
Philippine Ship or airship;
c. Commit any of said crimes within the
embassy, consulate or diplomatic premises
belonging to or occupied by the Philippine
government in an official capacity;
d. Commit said crimes against Philippine
citizens or persons of Philippine descent
where their citizenship or ethnicity was. a
factor in the commission of the crimes;•~nd
e. Commit said crimes directly a~ain$t the
Philippine government (R.A, No; 9s72, Sec,
58). , . . . •·· ..
2. Anti-Trafficking in Pers_ons'49t..,of~003 ·
The State shall exerci~e _juri$r;flction over
trafficking in person eve11if cor11111itte~ outside
the Philippines, the crirtle beiog a continuing
offense subject to the frnlowingconditions:
a. The trafficking in ·perspns has been
commenced in the PhiUpj:>inesat1d other
elements have beer committed in another
country ..- ... ·-· ..
b. The suspect or accusad is':
i. A Filipino citizen; . _ · by rrieans of Qolo (malice) or ~ulpa. (fault)
ii. A permanent resicfent of thetPhilippines;
a~ . .
a
iii. Has committed the act against citizen
of the Philippines.
c. A foreign government has not pf~f:!CUted or
is prosecuting a person for trafficking in
person except when there is an approval
the Secretary of Justice (R.A. No. 9206,
Sec. 26-A, as amended by R.A. No. 10364).
TITLE ONE: FELONIES &
CIRCUMSTANCES
WHICH AFFECT
CRIMINAL LIABILITY
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CRIMINAL LAW I
Criminal Law
CHAPTER ONE:
FELONIES
(ARTS. 3-10)
ARTICLE 3
DEFINITIONS
DEFINITIONS
Felonies
acts and omissions punishable by the Revised
Penal Code (RPG, Art. 3).
Act
any bodily movement tending to produce some
eff~ct in the external world (People v. Gonzales,
G.f{. No, 80762, March 19, 1990).
Omiision .-.
- inaction, the failure to perform a positive duty which
oneis,boundto d0.(fEYES, Book One, supra at 42).
~ ,·
ELEMENTS ·01;.'kELONIES (GENERAL):
(AO~R,J>C)·• • . . _
1. There must be an Act or Omission, i.e. there
must be external acits; -
2. Th' act or o:h1issioQmust be punishable by the
B,PC;and _:. _-·•
3. The:act is performed or the omission is incurred
(People 11.Gonzales, G.R. No. 80762, March 19,
.. 1990) . .·
Ct:.ASSIFJCATIONSOF CRIMES
'1_.• As ...
Jo 'the means by which they are
cofumitted (RPG, Art. 3):
of a. Doto or intentional felonies
- those committed with deliberate intent. .
b. Culpa or culpable felonies
- those committed by means of fault.
c. Crimes penalized by special laws,
municipal and city ordinances (REYES,
Book One, supra at 60).
2. As to stage of execution (RPG, Art. 6):
a. Attempted
- when the offender commences the
commission of a felony directly by overt
acts, and does not perform all the acts of
execution which should' produce the felony
by reason of some cause or accident other
than his own spontaneous desistance;
b. Frustrated
- when the offender performs all the acts
of execution which would produce the felony
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MEM-Q~YAlD .
San Seda UniversityCollege of law - RGCTBarOperationsCenter
as a consequence but which, nevertheless,
do not produce it by reason of causes
independent of the will of the perpetrator;
c. Consummated
when all the elements necessary for its
execution and accomplishment are present.
NOTE: Related to this is the classification of
felonies as to:
1. Formal Felonies
those which are always consummated
because the offender cannot perform all the
acts necessary for their execution without
consummating the offense.
2. Material Felonies
those which have various stage of
execution.
3. Crimes with no frustrated stage
examples are Rape, Arson, Theft, and
Robbery, Indirect Bribery, and Corruption oC
Public Officers.
3. As to gravity (RPG, Art. 9, as amended):
a. Grave
those to which the law attaches the
capital punishment or penalties which in any
of their periods are afflictive, in accordance
with Art. 25 of this Code;
b. Less grave
those to which the law punishes with.
penalties which in their maximum period is:
correctional, in accordance with the
abovementioned article;
r
c. Light felonies
those infractions of law for which the
penalty of arresto menor or a · fini not
exceeding forty thousand (P40,000) pesos
or both is prescribed (RPG, Art. 9, as
amended by R.A. 10951, Sec. 1).
4. As to count:
a. Composite .
It is composed of two or more crimes but
is treated by law as a single indivisible and
unique offense for being the product of one
criminal impulse (People v. Salga, G.R. No.
233334, July 23, 2018).
b. Compound
a single act constitutes two or rhore
grave or less grave felonies (Gamboa v.
Court of Appeals, G.R. No. L-41054,
November 28, 1975).
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c. Complex;
when the offense committed is a
necessary means for committing another
offense (Id.).
d.. Continued
same penal provisions are united in one
and the same intent or resolution leading to
the perpetration of the same criminal
purpose or aim (Santiago v. Garchitorena,
G.R. No. 109266, Decemb~r 2, 1993).
e. Continuing
a single crime committed through a
series of acts arising from one criminal intent
or resolution (Maximo v. Villapando, Jr.,
G.R. Nos. 214925 & .214965, April 26,
2017).
5. As to nature:
a. Mala in se
those crimes which are so serious in
their effects on society as to call for almost
unanimous condemnation of its members
. itselt(REYES, Book One, supra at 63); and
\,\'.!i~i.
.:f}.fJ:l:'.:l,J~t~¾it:Zfy_t~}F'./
·· b. < ·Wflta.,,ohibita
Jtjs,a wrong because it is prohibited by
lavf (People v. Comia, G.R. No. 115156,
Deicemb~r 14, 1995).
INJl:~TIQ.~J\t~l~i_F_E_LO_N_IE_S-:---_""'."'.
'fssion of the offender is malicious.
The o has the intention to cause an injury
to another (REYES, Book One, supra at 45).
..ilites of Doto or Malice: (FIC)
1. Freedom
- An act done with deliberation and with
power to choose between two things
(Vt7/areal v. People, G.R. No. 151258,
February 1, 2012). When a person acts
.without freedom, he is no longer a human
being but a tool (REYES, Book One, supra
at 49).
NOTE: When there is lack of freedom, the
offender is exempt from liability (i.e.
presence of irresistible force (RPG, Art. 12,
Par. (5)) or uncontrollable fear (RPG, Art.
12, Par. (6); REYES, Book One, supra at
49).
Reasons why the act or omission in
felonies must be voluntary:
1. The RPC is based on the Classical
Theory, according to which the basis of
criminal liability. is human free will;
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2. Acts or omissions punished by law are
always deemed voluntary, since man is
a rational being;
3. In felonies by dolo, the act is performed
with deliberate intent which must
necessarily be voluntary; and in felonies
by culpa, the imprudence consists in
voluntarily, but without malice, doing or
failing to do an act from which material
injury results (Id. at 40); and
4. Actus me invito factus non est meus
actus - An act done by me against my
will is not my act (U.S. v. Ah Chong,
G.R. No. 5272, March 19, 1910).
-
2. Intelligence
The ability to determine the morality of
human acts, as well as the capacity to
distinguish between a licit and an illicit act
(Villareal v. People, G.R. No. 151258,
February 1, 2012). Without this power
necessary to, determine the morality of
human acts, no crime can exist (REYES,'
Book One, supra at 49).
NOTE: When there is lack 9f intelligence,
the offender is exempt from liability (i.e.
offender is an imbecile, insane, or 15 years
of age or under (RPC, An. 12, Pars. (1), (2),
and (3)). ,
3. ~riminal intent (Rl;YES; Sook One,. supra
at 49) \: ; C > ..··.
Intent is the stat~ofmindaccompartying
an act. It refers to th~ purpose of the mind
and the resolve · with which a person·
proceeds ( Villareal v. People, GR> No.
151258, February 1, 2012)'. · prosecution, as such,
It does not refer to mere will, for the latter
pertains to the act, especially a forbidden
act. It refers to the purpose of the mind and
resolve with which a person proceeds. It is
a "moving power" that impels one to act for
a definite result. Existence of malicious
intent must be proven beyond reasonable
doubt (Villareal v. People, G.R. No. 151258,
February 1, 2012).
NOTE: When there is lack of intent, the act
is justified. Offender incurs NO criminal
liability (i.e. existence of a lawful or
insuperable cause, commission by mere
accident) (REYES, Book One, supra at 50-
52).
Reason why criminal intent is necessary
Actus non facit reum nisi mens sit rea - A
crime is not committed if the· mind of the
person performing to act complained be
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CRIMINAL LAW I
Criminal Law
innocent (Villareal v. People, G.R. No.
151258, February 1, 2012).
NOTE: When the crime is punished by
special law, as a rule, intent to commit the
crime is not necessary. It is sufficient that
the offender has the intent to perpetrate the
act prohibited by special law. In the first
(intent to commit the crime), there must be
criminal intent; in the second (intent to
perpetrate), it is enough that the prohibited
· act is done freely and consciously (REYES,
Book One, supra at 60).
REASON: When the doing of an act is
prohibited by a special law, it is considered
that the act is injurious to the public welfare
and the doing of the prohibited act is the
crime itself (REYES, Book One, supra at
63).
· G'ENERALINTENT AND SPECIFIC
INTENT, DISTINGUISHED
General Oriminal S~cific Criminal
Intent Intent
An intention ;to no .a An intention to commit a
wrong. 1 definite act.
Presumed to existfrorn Existence of the intent is
the mere doing of a not presumed because it
wrongful act. is an ingredient or
element of a crime.
The.
bGrderr;of proving The burden of proving
the absence of intent is the existence of the
upon the accus~. intent is upon the
intent is an .element of
the crime.
(BOADO, supra at 45).
Motive
It is the moving power which impels one to action for
a definite result (Villareal v. People, G.R. No.
151258, February 1, 2012). Motive is not an
essential element of a crime and need not be proved
for purposes of conviction (REYES, Book One,
supra at 64).
Illustration: A, who is jealous of B shot the latter as
a result of which B died. The intent is to kill while the
motive is jealousy.
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MEM:Q~YAID
San 88da University Collegeof Law - RGCTBarOperationsCenter
INTENT AND MOTIVE, DISTINGUISHED
Intent Motive
The purpose to use a The reason or moving
particular means to power which impels one
effect such result. to commit an act for a
definite result.
An element of the Not an element of the
crime, except in crime.
unintentional felonies.
Essential in intentional Essential only when the
felonies. identity of the
perpetrator is in doubt. ·
(REYES, Book One, supra at 64-65).
Motive, When Relevant
1. If the evidence is merely circumstantial (Trinidad
v. People, G.R. No. 192241, June 13, 2012);
2. Where the identification of the accused
proceeds from an unreliable source and the.
testimony is inconclusive and not free frorn
doubt;
3. In ascertaining the truth between two
antagonistic theories or versions of the. killing
(Ubales v. People, G.R. No. 175692, October
29, 2008);
4. Where there are no eyewitnesses to the crime,
and where suspicion is likely to fall upon a
number of persons; ' lndicates·a deficierl:cy of action; failure .in precaution
5. When there is doubt as to the identity of the
assailant (REYES, Book On9; supra 58); qt
6. When the act is alleged to be committed in
defense of a stranger but it must not be induced
by revenge, resentment or other evi.1motive
(RPG, Art. 11, Par. (3));
7. Evidence of guilty of the accused is inconclusive;
and
8. The act could give rise to variant crimes
(BOADO, supra at 47).
NOTE: Mere proof of mot~ve,no matter how strong,
is not sufficient to support a conviction if there is no
reliable evidence from which it may be reasonably
deduced that the accused was the malefactor
(Atienza v. People, G.R. No. 188694, February 12,
2014). The apparent lack of a motive for committing
a criminal act does not necessarily mean that there
are none, but that simply they are not known to us,
for we cannot probe into the depths of one's
conscience where they may be found hidden away
and inaccessible to our observation (People v.
Paguntalan, G.R. No. 116272, March 27, 1995).
CULPABLE FELONIES
The act or omission is not malicious. The injury
causeq · by · the offender to another person is
"unintentional," it being simply the incident of another
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act performed without malice (Calimutan v. People,
G.R. No. 152133, February 9, 2006).
Requisites of Culpa: (FIN)
1. freedom;
2. !ntelligence; and
3. Negligence, imprudence, lack of foresight, or
lack of skill (BOADO, supra at-43).
Negligence
Indicates a deficiency of perception; failure to pay
proper attention and to use diligence in foreseeing
the injury or damage impending to be caused;
usually involves lack of foresight (REYES, Book
One, supra at 4o).
It is the failure to observe for the protection of the
interests of another person that degree of care,
precaution, and vigilance which the circumstances
justly demand, whereby such other person suffers
injury (Dela Cruz v. Octaviano, G.R. No. 219649,
July 26, 2017).
NOTE: Negligence and conspiracy cannot co-exist
because crimes committed through negligence
,.:;Pf~RPQS8$:.lack of intent, whereas conspiracy
denotes" a·'meeting of minds of co-conspirator,
precisely for;th~ purpose or intention of committing a
crime (BOADO,;,supra at 49).
lmprude11ce .• •..
or fail ' · inecessary precaution once the
danger r.£ecomes foreseen (Caminos v.
People, G.R. No. 147437, May B, ,2009); usually
ves lack of skill (BOADO, supra at 49).
~~tf~lted from an act committed with lack of
foresight, carelessness, or negligence, the act must
be qualified as reckless or simple negligence or
imprudence resulting in homicide (Villareal v.
People, G.R. No. 151258, February 1, 2012).
NOTE: There are .crimes that by their structure
cannot be committed through imprudence: murder,
treason, robbery, malicious mischief, etc. In truth,
criminal negligence in our Revised Penal Code is
treated as a mere quasi offense, and dealt with
separately from willful offenses. It is not a mere
question of classification or terminology. In
intentional crimes, the act itself is punished; in
negligence or imprudence, what is principally
penalized is the mental attitude or condition behind
the act, the dangerous recklessness, lack of care or
foresight, the imprudencia punible (/vier v. San
Pedro G.R. No. 172716, 17 November 2010).
Rationale for punishing negligence: A man must
use his common sense, and exercise due reflection
in all his acts; it is his duty to be cautious, careful,
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CRIMINALLAW I
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and prudent, if not from instinct, then thru fear of

incurring punishment (U.S. v. Ma/eza, G.R. No. L- Requisites of mistake of fact as a· defense:
5036, November 17, 1909). (MMN)
1. Mistake be honest and reasonable;
NOTE: Acts executed negligently are voluntary. 2. It be a Matter of fact; and
3. It Negates the culpabiljty required to commit the
INTENTIONAL AND CULPABLE crime or the existence of the mental state which
FELONIES, DISTINGUISHED the statute prescribes with respect to an element
of the offense (Yapyuco v. Sandiganbayan, G.R.
Intentional Felonies .mt.dpableFelonies Nos. 120744-46, June 25, 2012).

As to Nature of the Act

If such ignorance or mistake of fact is sufficient to
Act is malicious. Wrongful act results negative a particular intent which under the law is a
from imprudence, necessary ingredient of the offense charged
negligence, lack of "cancels the presumption of intent," and works an
foresight, or lack of skill. acquittal; except in those cases where the
circumstances demand a conviction under the penal
As to Intent to Cause the lnjufY provisions touching criminal negligence; and in
cases where, under the provisions of article 1 of the
There is deliberate Injury caused is pena_l:code one voluntarily committing a crime or
intention to cause an unintentional . .. 'being n,isdep,·eaoor incurs criminal liability for any
injury. incident of ·another . act wr;ongful.act committed by him, even though it be
performed Without "diffel«:mt from 'tti.at which he intended to commit.
malice: v:
(U.S. Ah Offong,. G.R. No. 5272, March 19, 1910).
(ESTRADA, Book One, supra at..27'}, 1
Oefens~ of M1sJake· of Fact Not Applicable
1. When there is fl)istake in identity (error in
Mistake of Law . . .· .
personae); that the accused made a mistake in
Want of knowledge or acqu~inta,nc~with the laws of
killing one n,aninstQad of another cannot relieve
the land insofar as they apply to Jhe act; relation,
him from cril'ninal re~ponsibility, he having acted ·
duty, or matter under coAsideration (Black's Law
mattoiously ancf willfully (People v. Gona, G.R.
Dictionary 435 (9th ed. 2009}, at5BfJ). ··
No.,L.:3206~, March 15, 1903);
2. If. the 6ffe11der,s.negligent in ascertaining the
If mistake of law were ever excusabte, the•fawwould
be unenforceable. That is .why it is expressly
Jrue.state of facts,..he may be free from dolo but
not from culpa {BOADO, Compact Reviewer;
provided that "ignorance of the.Jaw do~ not extu$e ·
supra,at 31); a11d
ahyone from compliance therewith" (Ct'V,~ CQDE, .
3. Wh~ti Jhe accused committed a culpable felony
Art. 2; Reyes v. Court of Appeals; G.R. No. 413960,
June 29, 1943). · · (t~Elesseni:,e of honest mistake of fact is lack of
intent on the part of the accused) (Id.).
.., ..... ·,
Mistake of fact
It is a misapprehension of fact, which, if true, would . MALA IN SE AND MALA PROHIBITA
justify the act or omission committed (Yapyuco v. Mala In Se
Sandiganbayan, G.R. Nos. 120744-46, June 25, Crimes ma/a in se are those crimes which are so
2012). Such person is not criminally liable as he serious in their effects on society as to call for almost
acted without criminal intent (lgnorantia facti unanimous condemnation of its members itself
excusat) (REYES, Book One, supra at 52). (REYES, Book One, supra at 63).

An honest mistake of fact destroys the presumption Mala Prohibita

of criminal intent which arises upon the commission
of a felonious act (People v. Oanis, G.R. No. L-
47722, July 27, 1943).
Mistake of fact or good faith of the accused is a
defense in a crime committed by dolo; such defense
negates malice or criminal intent (Manuel v. People,
G.R. No. 165842, November 29, 2005).
When the accused is negligent, mistake of fact is not
a defense (REYES, Book One, supra at 57).
These are violations of mere rules of convenience
designed to secure a more orderly regulation of the
affairs of the society (REYES, Book' One, supra at
63).
These are acts made evil because there is a law
punishing it. The basis of cri!'Tlinal liability is the
offender's voluntariness. Hence, good faith or tack of
criminal intent is not accepted as a defense, unless
this is an element of a crime. The act prohibited is
not inherently evil but made evil only by the
prohibition of the statute (BOADO, supra at 20-23).

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MEM:\/.:RY
AlD
San Seda UniversityCollege of Law - RGCTBarOperationsCenter
There are crimes which although punished under
special laws are deemed ma/a in se, such as those
'which are mere modifications to the Code like cattle
rustling which modifies Arts. 308, 309, and 310 on
qualified theft (BOADO, supra at 20) and plunder
under R.A. No. 7080 as based on Estrada v.
Sandiganbayan (I CAMPANILLA, Reviewer, supra
at 7).
It was from hornbook lore that we absorbed the
distinctions given by text writers, claiming that: (1)
mala in se require criminal intent on the part of the
offender; in mala prohibita, the mere commission of
the prohibited act, regardless of intent, is sufficient;
and (2) mala in se refer to felonies in the. Revised
Penal Code, while mala prohibita are offenses
punished under special laws. The first distinction is
still substantially correct, but the second is not
accurate. In fact, even in the Revised Penal Code
there are felonies which are actually and essentially
mala prohibita. To illustrate, in time of war, and
regardless of his intent, a person who shall have
correspondence with a hostile country or territory
occupied by enemy · troops shall be punished
therefor. An accountable public officer who
voluntarily fails to issue the required receiptfor any
sum of money officially collected by him, regardless
of his intent, is liable for illegal exaction ..
Unauthorized possession of picklocks or similar
tools, regardless of the possessor's iijtent, is
· punishable· as such illegal possession. These are
felonies under the Revised Penal Code butcrirninaJ
intent is not required therein (People v. Quijada y
Circulado, G.R. No.115008-09, July 24, 1996).
NOTE: When the acts are inherently immoral, they
are ma/a in se, even if it is punished by special law,
e.g., Sec. 27(b) of R.A. No. 6646 or the Electoral
Reforms Law of 1987 (Garcia v. C.A. arif} People,
G.R. No.·157171, March 14, 2006).
GENERAL RULE: As a rule, mere commission of
crimes classified as ma/a prohfbita, even without
criminal intent, is_punishable.
EXCEPTIONS:
1. Accused was entitled to assume that his
employer had the requisite license to possess
said firearm and ammunition and to turn them
over to him while he was on duty as one of the
regular security guards of a duly licensed
security agency (Cuenca v. People, G.R. No. L-
27586, June 26, 1970).
2. Where there is no animus possidendi or intent to
possess by the accused, as when one's
possession or control of a firearm is merely
temporary, incidental, or casual, no violation of
P.D. · No. 1866, as amended, may be
successfully imputed to such an individual.
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Animus· possidendi, is a state of mind, the
presence and determination of which is largely
dependent on the circumstances obtai'ning in
each case. What the courts must take into
consideration are the prior and coetaneous acts
of the accused and the surrounding
circumstances anent his possession of the
prohibited articles (People v. Lian, G.R.
No.115988, March 29, 1996).
3. Mere transient possession of unlicensed
firearm. While in stealing a firearm, the accused
must necessarily come into possession thereof,
the crime of illegal possession of firearms is not
committed by mere transient possession of the
weapon. Thus,· stealing a firearm with no intent
to use but to render the owner defenseless, may
suffice for purposes of establishing a case of
theft. It would not justify a charge for illegal
possession of firearm, since intent to hold and
eventually use the weapon would be lacking
(People v. Dela Rosa, G.R. No. 8485.7, January
16, 1998).
•· The determination of whether an offense is ma/a
in.~,!]or ma_/ifprohibita is a question of fact
·•·•~:~e,r ~~roach to distinguish between ma/a in
se and 'tfialetprohibita crimes is the determination of
the inherentirnmorality or vileness of the penalized
act. If the pur\is\lable act or omission, is immoral in
itself, then:"it is a:,:crimema/a in se. On the contrary,
if it is not immoral in itself, but there is a statute
prohibiting its co~mission by reasons of public
policy; r.:l{;.t'fllYEi prohibita. Whether or not a
crime i ·hles! I moral turpitude is ultimately a
question of fact and frequently depends on all the
. , ..~(cumstances surrounding the violation of the
tf1:':lal~:(Dw;7go ~- People, G.R. No. 209464, July 1,
2rJ15).
NOTE: The rule as to the distinction between acts
ma/a in' se and acts ma/a prohibita is that in the
former, intent governs, while in the latter, the only
inquiry is, "has the law been violated?" (Dunlao, Sr.
v. Court of Appeals, G.R. No. 111343, August 22,
1996).
MALA IN SE AND MALA PROH/8/TA,
DISTl°NGUISHED
Mala In 8:e Mala 'Rranibita
~sto Basis
The moral state of the The voluntariness of the
offender. offender.
A.sto Nature
Wrong from its very Wrong because it is
nature. prohibited by law.
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CRIMINAL LAW I
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Mala In Se Mala Prohibita Mala In Se Mala Probil!iita

As to G.GodFaith as a Defense As to Persons CriminaHyLiable

Good faith is a valid Good faith is not a There are . three Generally, only the
defense. defense. persons criminally principal is liable.
liable: principal,
As to Intent as an Element accomplice, and
accessory.
Intent is an element. Criminal · intent is
immaterial. As to Division of Penalties
As to Degree of Accomplishmentof the Crime Penalties may be There is no such division
divided into degrees of penalties.
The degree of The act gives rise to a and periods.
accomplishment of the crime only when it is
crime · is taken into consummated. As to Modi~ing Circumstances
account in punishing
the offender. Modifying Not considered because
· circumstances are the law intends to
As to Mitigating aDd Aggravating take·n.·'·into account in discourage the
Circumstances impqsing the penalty commission of the act
•eecause. the offender's especially prohibited.
Rules on mitigating and Rules 9n mitigatipg and moraltrait is' tha basis
aggravating aggravatihg , . ofthe.crlme.
circumstances apply. circumstaoc~s do not
apply; unless grovided Hence,'. greater
tor by the spepial law perversity deserves :a
itfelf, higher 'penalty, ...-while
lesser depravity ·
As to Degree of Participation
deseryes mitig~tiori. · .
Wh_en there is more ~gr~ '.pf parUGipation
As to Moral Turpitude
than one offender, the is·· generaUy no, ta~en
degree of participation into account. All who Crimes maia in .Se Generally, not involved
of each in the parllfipatecf in th~ act generally ,involve moral in crimes ma/a pr(!hibita.
commis~ion of the are punished . to . the turpitude.
crime is taken into same extent. ··
account. (S@A 0, supr,f·at 22-23).
✓ •• '' ';, ·, ~'

As to Penal~
Penalty is computed on The penalty imposed on
the basis of whether the the offenders are the
offender is a principal, same. whether they are
accomplice, or merely accomplices or
accessory. accessories.
As to Laws Violated
Violation of the RPC Violation of Special
(General ~ule). Laws (General rule).
As to Stages of Execution
There are three stages: No such stages
attempted, frustrated, execution.
consummated.
PLOAAtiTY
OF CRIMES
Consists in the successive execution by the same
individual of different criminal acts upon any of which
no conviction has yet been declared (REYES, Book
. One, supra at 697). There is plurality of crimes or
"concurso de delitos" when the actor commits
various delictual acts of the same or different kind
(Gamboa v. Court of Appeals, G.R. No. L-41054,
November 28, 1975).
Plurality of crimes may refer to:
1. Ideal plurality or concurso ideal occurs when a
single act gives rise to various infractions of law.
This is illustrated by Art. 48 of the RPC which
describes two forms of ideal plurality which it
of refers to collectively as "complex crimes"
(Gamboa v. Court of Appeals, G.R. No. L-41054,
November 28, 1975).

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MEM:Q~YAID
San 8.edaUniversityCollege of law - RGCTBar Operations Center

Three groups under the ideal type:

a. When the offender commits any of the
complex crimes in Art. 48;
b. When the law specifically fixes a single
penalty for two or more offenses committed
(Special Complex Crimes); and
c. When· the · offender commits continued
crimes (REYES, Book One, supra at 698).
2. Real plurality or concurso real, on the other
hand, arises when the accused performs an act
or different acts with distinct purposes and
resulting in different crimes which are juridically
independent. It is not governed by Article 48.
(Gamboa v. Court of Appeals, G.R. No. L-41054,
November 28, 1975).
I. COMPLEX CRIMES UNDER ART. 48
A. COMPOUND CRIMES
Compound Crime or "delito compuesto"
exists when a single act constitutes two or more
grave or less grave felonies (Gamboa v. Court
of Appeals, G.R. No. L-41054, November 28,
1975).
Requisites of Compound Crime:
1. Only a single act is performed by the
offender; and .
2. The single act produces:
a. Two (2) or more grave felonles; .··.· ·
b. One (1) or more grave and one (1) or
more less grave felonies; or :
c. Two (2) or more less grave felonies
(Gamboa v. Court of Appeal~, G..R. No.
L-41054, November 28, 1?75).
(Proceed to Art. 48 in page 105 for discussion.)
II. COMPOSITE OR SPECIAL COMPLEX
CRIMES
It is composed of two or more crimes but is treated
by law as a single indivisible and unique offense for
being the product of one criminal impulse. It is a
specific crime wifh a specific penalty provided by law
and is to be distinguished from a compound · or
complex crime under Art. 48 of the RPC (People v. ·
Salga, G.R. No. 233334, July 23, 2018).
Characteristics of special complex crimes:
1. It offends against only one provision of law,
whether of the RPC or of special penal laws;
2. It penalizes two specific crimes and imposes one
specific penalty; and
3. It absorbs all other crimes committed in the
course of the commission of the crimes
(BOAOO, Compact Reviewer, supra at 161).
Examples of special complex crimes:
Art. 294 on robbery with homicide, robbery with
ery with mutilation, robbery with
sical injuries;
arson with homicide;
. ..' on kidnappin~ witr, homicide,
kidnapping ~ith rape, kidnapping with serious
physi~al iijju~s; and
Art. ,66-~ on ~pe with homicide (Id.).
C RIME AND SPECIAL
COMPLEX CRIME, DISTINGU.ISHED

B. COMPLEX CRIME PROPER

Complex Crime Proper or "delito comple)D"
exists when the offense commltt~ . Is a
necessary means for committing · another
offense (Gamboa v. Court of Appeals, G.R. No.
It is made up of two or It is made up of .two
L-41054; November 28, 1975).
more crimes being or more crimes which
punished in distinct are .considered only
Requisites of Complex Crime Proper:
provisions of the Revised as components of a
1. At least two (2) offenses are committed;
Penal Code but alleged in single indivisible
2. One or some of the offenses committed are
one information either offense being
necessary to commit the other/s; and
because they were punished in one
brought about by a single prov1s1on of the
NOTE: The pnrase "necessary means" has
felonious act or because Revised Penal Code.
been interpreted not to mean indispensable
one offense is a necessary
means, because if it did, then the offense as
means for committing the
"necessary means" to commit another would
other offense or offenses.
be an indispensable element of the latter
and would be an ingredient thereof Asto PenalW
(Intestate Estate of Vda. de Carungcong,
G.R. No. 181409, February 11, 2010). Penalty for the most Penalty specifically
serious crime shall be provided for the
3. Both or all of the offenses must be imposed and in its special complex
punishable under the same statute (REYES, maximum period. crime that shall ·be
Book One, supra at 681).

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Special Ciomptex
Complex Crime Crime or '
Com1osite Crime
applied according to
.the rules on
imposition of the
penalty.
(ESTRADA, Book One, supra at 252).
NOTE: Crimes committed through negligence
cannot be considered complex crimes even though
the negligent act also caused other crimes. In truth,
criminal negligence in our RPC is treated as a mere
quasi offense and dealt with separately from willful
offenses. In intentional crimes, the act itself is
punished; in negligence or imprudence what is
principally penalized is the mental attitude or
condition behind the act, the dangerous·
recklessness, or lack of care or foresight (lvlef'v. San
Pedro, G.R. No. 172716, November 17;'2010).
Culpable felonies defined and P1>rtishedunder.Art. .
365 are substantially distinct and carihot form part o'f··
a complex crime as defined urn::lerArt.,48. Jrt.48 is
a procedural device allowing single ;prosecution of
multiple felonies falling undijr eithedwo categories:
(1) when a single act constifutes,.two or more grave
or less grave felonies and (2) when an offense is a
necessary means for committin9, the other. The
legislature crafted this procedural tool to benefit the
accused who, in lieu of serviflg rn~ltiple pertalties,
will only serve the maximum penalty for the 'most
serious crim. Art. 365 howev~ is a sobstantive rule
a
penalizing not an act defined ~ felony<1;?ut sf rtgle
mental attitude regardless 'Qf the ·,·(~SuJ~lrig
consequences. Thus, Article 365 ~~ cra~·as"911e
quasi-crime resulting in one or more C<?hs.ectp~es
(Iv/er v. San Pedro, G.R. No. 172716, Nove111bef 17,
2010). .
Ill. CONTINUED OR CONTINUOUS
CRIMES
Continuous or delito continuado are those where two
or more violations of the same penal provisions are
united in one and the same intent or resolution
leading to the perpetration of the same criminal
purpose or aim (Santiago v. Garchitorena, G.R. No.
109266, December 2, 1993).
Requisites of Continued or Continuous Crimes:
(PUC)
1. flurality of acts performed during a period of
time,
2. Y.nity of penal provision violated, and
3., Unity of _g_riminalintent or purpose (Santiago. v.
Garchitorena, G.R. No. 109266, December 2,
1993).
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CriminalLaw
NOTE: When the series of acts constitute crimes
that · are entirely different and distinct from each
other, the perpetrator of such acts shall be punished
for the separate crimes (REYES, Book One, supra
at 706).
Examples of Continued Crimes:
1. The theft of thirteen (13) cows belonging to two
different owners committed by the accused at
the same time and in the same place (People v.
Tumlos, G.R. No. L-46428, April 13, 1939);
2. The taking of six roosters from coop is a single
offense of theft. The assumption is that the
accused were animated by single criminal
impulse (People v. Jaranilfa, G.R. No. L-28547,
February 22, 1974);
3. The three penetrations occurred during one
continuing act of rape in which the appellant was
obviously motivated by a single criminal intent.
. There is no indication that the appellant decided
·td'eQmmit those separate and distinct acts of
sexu~I· ~sault other than his lustful desire to
change positions inside the room where the
crime was committed (People v. Aaron; G.R.
Nos. 1-$6300~02,September 24, 2002); and
4. Accused arid his, companions intended only to
rob c,mepl~ce. In the process, also took away by
fore:~.the m()rieyanpvaluables of the employees
working in said gasoline station. Clearly inferred
from these qircumpfpnces are the series of acts
wht~h were oorfiefrom one criminal resolution
(People ·v. De Leon1 G.R. No. 179943, June 26,
~009). .. .
IV. CONTINUING' CRIMES
A continufng crime envisages a single crime
committed.through a series of acts arising from one
. crtmihal.in~nt ..or resolution (Maximo v. Villapando,
Jr., G.R>Nps. 214925 & 214965, April 26, 2017).
Also;~n~e there· is only one crime committed, only
•one penalty shall be imposed on the perpetrator
(REYES, Book One, supra at 698).
NOTE: The term "continuing" must be understood in
the sense similar to that of "transitory" and is only
intended as a factor in'determining the proper venue
or jurisdiction, for that matter, of the criminal action
pursuant to Section 15, Rule 110 of the Rules of
Court. This is so, because a person charged with a
transitory offense may be tried in any jurisdiction
where the offense is partly committed. In transitory
or contir:iuing offense, some acts material and
essential to the crime and requisite to its
consummation occur in one province and some in
another, the court of either province has jurisdiction
to try the case, it being understood that the first court·
taking cognizance of the case will exclude the other
(Gamboa v. Court of Appeals, G.R. No. L-41054,
November 28, 1975).
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MEM-0-RYAl D
San Seda UniversityCo!leQeof Law • RGCTBar OperationsCenter

RULES ON VENUE GOVERNING - because they do not absorb each other,

THE PROSECUTION OF
CONTINUING CRIMES
Where
Corrunittecl
Multiple localities
Inside a train,
aircraft, or other
public or private
vehicle in the
course of its trip
Where to File
Subject to existing laws, the
criminal action shall be
instituted and tried in the court
of the municipality or territory
where the offense was
committed or where any of its
essential ingredients occurred.
The criminal action shall be
instituted and tried in the court
of any municipality or territory
where such train, aircraft, or
other vehicle passed during its
trip, including the place of its
departure' and arrival.
such as estafa and violation of B.P. 22;
b. Only one crime
- when the special i'aw bars the
prosecution for other offenses, e.g.,
terrorism absorbing the predicate crimes; or
c. One crime absorbing the others as an
element, or as an aggravating circumstance
- such as illegal possession of firearms
absorbed by rebellion (BOADO, supra at
25).
NOTE: Laws that merely amend the provisions of
the RPG, such as P.D. No. 533 (Anti-Cattle Rustling
Law of 1974) which amended Arts. 308, 309 and
310, do not convert their violations into ma/a
prohibita (Taer v. Court of Appeals, G.R. No. 85204,
June 18, 1990).
ARTICLE4
CRIMINAL LIABILITY

On board a The criminal action shall be PAR. 1: CRIMINAL LIABILITY SHALL BE

vessel in the instituted and tried in the court
course of its of the first port of entry or c>f
voyage any municipality or territory
where the vessel ~ passed
during such voyage, subject to
the generally .•. accepted
principles of intemationa(l 9w.
(RULES OF COURT, Rule 110, Sec. 15). ·
Absorption Rules
1. GENERAL RULE: Felonies do not absorb ma/a
prohibita since makes the former .a felony is
criminal intent (dolo) or negligence (ciulpa); what
makes the latter crimes are the special laws
enacting them (Loney v. People, G.R. ' No.
152644, February 10, 2006).
EXCEPTION: When the special law allows
absorption, such as sexual abuse of a minor
under R.A. No. 7610 and statutory rape, acts of
lasciviousness, etc. (BOADO, supra at 25). ·
2. The absorption rule can result to the greater
crime absorbing the lesser crime such as
terrorism which absorbs the predicate act, or the
lesser may absorb the greater, such as in
rebellion which absorbs .destructive arson (Id.).
3. A felony cannot be complexed with an offense
(People v. Optana, G.R. No. 133922, February
12, 2001).
4. When an act offends against the provision of the
RPC, and a special law, the offender can be
prosecuted for:
a. Two crimes
INCURRl;O, BY ANY PERSON
· :,,f?OW4f1JJING A FELONY (DEL/TO)
AL THOU~fl THE WRONGFUL ACT
DONE B,U \DIFFERENT FROM THAT
WHICH HEHNJENDED.
RATIONALE~iEl qae es causa de la causa es causa
de/ m- · ·· · · ho is the cause of the cause
is the ca ·e·evil caused (People v. Adriano,
G.R. No. 205228, July 15, 2015).
for applying Art. 4, Par. 1: (FIP)
'used must be committing a felony;
Felony is an act or omission punishable by the
R.P.C. (RPG, Art. 3).
No felony is committed (1) When the act or
omission is not punishable by RPC; or (2) When
the act is covered by any of the justifying
circumstances in Art. 11 of RPG.
NOTE: The act or omission should not be
punished by a special law because the offender
violating a special law may not have the intent to
do any injury to another. In such case, the
wrongful act' done could not be different, as the
offender did not intend to do any other injury
(REYES, Book One, supra at 70).
Since there is no provision iJ'l the R.P.C that
punishes "suicide", it is not considered a .
"felony." (AMURAO, Book One, supra at 85).

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PN17C
Illustration: A pregnant woman wh.o attempted
to commit suicide is not liable for abortion by
reason of the consequent death of her fetus (I
CAMPANILLA, Reviewer, supra at 65).
2. The felony must be "Intentional"; and
The felony committed by the offender should be
one committed by means of dolo (malice),
because paragraph 1 of Article 4 speaks of
wrongful act done "different from that which
"intended" (REYES, Book One, supra at 70).
Illustration: A, in attempting a suicide, jumped
out of the window to kill himself. When he
dropped to the ground, he fell on an old woman
who died as a consequence. Is A liable?
(REYES, Book One, supra at 74).
A is not criminally liable for intentional ·
homicide. E$utA is liable because Qt crkninal
negligence arising from his failure te observe the
standard of care required by the circumstance of·
place, time, and persons (AMOffAD,'Bqorlbne,
supra at 85). · withcfo1f
;
3. The felony committed byJhe acc1,1sed~hould be
the froximate cause of ther.esutting injury (ll,S,
v. Brobst, G.R. No. L-4935, <!Jctober25, 1909) .
.ss':> ... ,,) (
Proximate Cause
It is that cause, whiqh, in the .naru11aL ..aod
continuous sequence, u\lbrc>ker1,by any:effident
intervening cause, pro~uces ft,ie injt,(ry, ~nd
without which the result weuld noftiave occurred
(Sps. Abrogar v. Cosmos. Bottlin?J.Company,
Inc., G.R. No. 164749, Maren. 15, 201"";),
Natural refers to an occurrence'rnthe:ordinary
course of human life or events (Rl=YES, Book
One, supra at 80).
Logical means that there is a rational
connection between the act of the accused and
the resulting injury or damage (Id.).
NOTE: A felony is not the proximate cause of the
resulting injury if (1) the resulting injury is due to
the intentional act of the victim or (2) if there is
an active force that intervened between. the
felony committed . and the resulting injury
(REYES, Book One, supra at 81).
Efficient Intervening Cause
To be considered efficient 1 must be "one not
produced by a wrongful act or omission, but
independent of it, and adequate to bring the
injurious results. Any cause intervening between
the first wrongful cause and the final injury which
might reasonably have been foreseen or
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CRIMINAL LAW I
Criminal law
anticipated by the original wrongdoer is not such
an efficient intervening cause as will relieve the
original wrong of its character as the proximate
cause of the final injury (Sps. Abrogar v. Cosmos
Bottling Cof!lpany, Inc., G.R. No. 164749, March '
15, 2017).
The following are not efficient intervening
causes:
1. The weak or diseased physical condition of
the victim;
2. The nervousness or temperament of the
victim;
3. Causes which are inherent in the victim;
4. Neglect of the victim or third person (e.g.
refusal of medical attendance);
5. Erroneous or unskilled medical or surgical
treatment (unless the wound is slight or not
mortal); and
6. Delay in the medical treatment of the victim
·(REYES, Book One, supra at 83-84).
· ..~O~: ·A s~pervening event can still be the.
ef a111endment or of a new charge
strbj~ct ....•
nece§"!sarily placing the accused in
double jeop·;ardy\(People v. Petilla, G.R. No. L-
507(), Deof!h?ber,~p, 1952).
De1,1fh is ;presuined to be the natural
consequenfe of; physical injuries inflicted
when: (NER) . '.
1. The:victim, at the time the physical injuries
were inflicted was in Normal health;
2 .. The death may be 5.xpected from the
. · phyajcal injuries inflicted; and
·3. The'death ensued within a ,Beasonable time
j~EYES, fi3ook One, supra at 85).
NQTE:Th~ offended party is not obliged to
·submtt to a surgical operation or medical
..treatment to relieve the accused from liability
(U.S. v. Marasigan, G.R. No. L- 9426, August
15, 1914).
Cause and Effect Relationship
There must be a relation of "cause and effect",
the cause being the felonious act of the offender,
and the effect being the death of the victim
(REYES, Book One, supra at 80).
The cause and effect relationship is not altered
or changed by the followfng pre-existing
conditions:
1. Pathological condition of the victim;
2. Predisposition of the offended party;
3. Concomitant or concurrent conditions
(negligence or fault of the doctors); or
4. Other conditions supervening the felonies
such as tetanus, pulmonary infection or
gangrene (Id. 80-81).
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MEK✓Q.:RY AlD College of Law - RGCTBar Operations Center

San Seda UniVer$1ty

was Hit. C died. A is liable for his attempt to

CAUSES WHICH PRODUCE A kill B. A is also liable for the death of C. The
RESULT DIFFERENT FROM THAT death of C is the natural consequence of the
felonious act of A (Id. at 38).
INTENDED BY THE OFFENDER
The person is still criminally liable although the If the act which caused injuries or death of a
wrongful act done be different from that which he third person by reason of mistake of blow is
intended: not an intentional felony, Art. 4 on
23berration ictus shall not apply (I
1. Error in Personae CAMPANILLA, Reviewer, supra at 67).
mistake in the identity of the victim.
NOTE: Committing an act in self~defense, or
A person is criminally responsible for in the exercise of right to defend possession
committing an intentional felony although of proponerty or causing death or injuries
the actual victim is different .from the under exceptional circumstances is not an
intended victim due to mistake of identity (I intentional felony (I CAMPANILLA,
CAMPANILLA, Reviewer, supra at 66). Reviewer, supra at 67).

Art. 49 of the RPC provides that if the 3. Praeter lntentionem ,

penalty for the intended crime is lesser than committed when an injury resulting from
the penalty for the crime actually committed, an act is greater than the injury intended to
the penalty for the former shall be imposed , be caused by the offender (REYES, Book
in its maximum period. On the other hand, if ,. One, supra at 72). It is considered as a
the penalty for the crime intended is great,r ··' mitigating circumstance under Art. 13(3) of
than the penalty for the crime actually ¥}}'
committe<;i, the latter penalty shall be J;'Ji:,:J:I[~1,t,:,;;,:~:.(ipc.
imposed in its maximum period. 'Hius~tion: A, without intention to kill,
strucf<•a with his fist on the back part of the
lllustration:A intended to kill B. One night, head)fr&m behind, causing the victim to fall
A shouted at the person whom he thoµght to dqwnl with his .head hitting the asphalt
be 8. An altercation ensued ..·fn the process, piwerflentresulting in B's death (Id.).
A fired his gun at the person who died as a
consequence. It turned out that the person
whom he shot and killed was not but his. e •JJ"• '•':'.'s:i6mployed in the commission of
ttUf ·· would logically and naturally bring
own father. In this case, A•/s fiab/e for about the actual felony committed, praeter
parricide, the crime which was actually intentionem will not be appreciated.
committed. When he fired his gun, he acted
with intent. He is liable for all the direct,
1f'Joes not apply to culpa, "intentionem"
logical, and natural consequem:;es of f1is
denotes intent (BOADO, Compact
felonious act, whether foreseen, }ntei1ded, Reviewer, supra at 34).
or unintended. The fact that the victim is
different from the one A intended to kill does
not exculpate him from criminal liability. ABERRATIO ICTUS AND ERROR IN
PERSONAE, DISTINGUISHED
2. Aberratio Ictus. Aberratio Ictus Error in Personae
mistake of blow.
As to number of parties
-
A person is criminally responsible. for the There are three There are only two
acts committed in violation of law and for all persons involved: the persons involved: the
the natural and logical consequences offender, the intended actual but unintended
therefrom although the actual victim is victim, and the actual victim and the offender.
different from the intended victim (People v. victim. (BOADO, (BOADO, Compact
Adriano, G.R. No. 205228, July 15, 2015). Compact Reviewer Reviewer supra at 33)
supra at 32)
Pursuant to Art. 48 of the RPC, the penalty
for the graver offense shall be imposed in its As to manner of execution
maximum period. The offender delivers The offender delivers the
the blow to his intended blow not to his intended
lllustration: A, with intent to kill, hacked B. victim but because of victim.
B was not hit but C, who was also behind B,

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CRIMINALLAW I
Criminal Law

acting with intent

Effects of Mistake of Fact, Aberratio or through
Ictus, Error in Personae, Praeter negligence
lntentionem, and Proximate Ca1,1seon (BOADO, supra at 61-62).
Intent and Criminal Liabilit
PAR. 2: CRl·MINAL LIABILITY SHALL BE
INCURRED BY ANY PERSON
PERFORMING AN ACT WHICH WOULD
BE AN OFFENSE AGAINST PERSONS
OR PROPERTY, WERE IT NOT FOR THE
INHERENT IMPOSSIBILITY OF ITS
Intent is against The act may ACCOMPLISHMENT OR ON ACCOUNT
unintended result in a OF .THE EMPLOYMENT OF
victim or the complex crime JNAD,EQUATE OR INEFFECTUAL
effect is in (Art. 48, RPG)or
addition to injury in two felonies,
MEANS.
intended although there is
ju.st .one intent. IMPOSSIBLE'.'CRIMES
Thlts, 'rilay result An impo~sible crime is one where the acts
to · a greater performed woulc:f hav~ been a crime against persons
crifninal·liability. or property but Which is not accomplished because
of its inherent impossibility or because of the
Depends upon employn:;ient of inad~qµate or ineffectual means.•
intended crime There is intent (sut;>J~t,ive)to commit a crime but
due to error in ~md actual crime actually (objective) no crime is committed (BOADO,
the identity of committed: supra at 62).
the victim.
a. Jf these are of Objectively, the offender has not committed a felony,
different gravity .,... butsubjective'ly, he is a criminal (REYES, Book One,
Article 49 shall supraat 94). _Und~(Art. 59 of the RPG, the penalty
apply. 'tn effect it for impossible crimes is arresto mayor or a fine
is an eX,:enuatirig . ranging from'200-500 pesos.
circumstance. If
the resulting R.EAS()N:According to the positivist thinking, the
crime is great~r community must be protected from anti-social
than intended, activities, whether actual or potential, of the morbid
e.g., parricide type of man call "socially dangerous person"
when what is (REYES, Book One, supra at 88).
intended is
homicide (Art. 49) PURPOSE: The purpose is to suppress lawlessness
b. If the actual or criminal tendency (BOADO, supra at 63).
and intended
crimes are the In committing an impossible crime, the offender
same no intends to commit a felony against persons or a
mitigation of felony against property, and the act perfdrmed would
penalty. have been an offense against persons or property.
But a felony against persons or property should not
crime is· Mitigating under
be actually committed, for, otherwise, he would be
than Article 13
liable for that felony (REYES, Book One, supra at
89),
Results in crime Results in
although not criminal liability to
intended the actor whether

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\ I
MEK✓Q~Y AID
San Beda UniversityCollege of Law - RGCTBar Operations Center
-
ELEMENTS OF AN IMPOSSIBLE CRIME:
(PEIN)
1. The act performed would be an offense against
Persons or property;
2. That the act was done with .§.viiintent;
3. Its accomplishment is !nherently impossible, or
that the means employed is either inadequate or
(People v. Callao, G.R. No. 228945,
ineffectl..l{31
March 14, 2018); and
NOTE: There must either be'.
a. Legal Impossibility
- where the .intended acts, even if completed
would not amount to a crime, (e.g. killing a
person already dead); or
b. Physical or Factual Impossibility
- when extraneous circumstances unknown
to the actor or beyond his control prevent the
consummation of the intended crime (e.g.
when a man with the intention to steal
another's wallet and finds the pocket empty; _
when a person steals a check which was ·
later dishonored) (People v. Callao, G.'Ft
No. 228945, March 14, 2018).
4. That the act performed should Not con~titute a
violation of any other provision of th~ R.P.C.
Illustration: The accused fired at the .rpom of
the supposed victim but no one was actually in
the room, thus no one ·was ~hot.Thwe Is factual
impossibility in this case. th~ crime CQmmitted
is an impossible crime and not · attempted
murder. It occurs when _extraneous
circumstances unknown to the actor or beyond
his control prevent the consummation of the
intended crime. In this case, petitioper shoots
the place where he thought his victim would be,
although in reality, the victim was notpresent in
said place and thus, the petitioner failed to
accomplish his end (lntod v. Court of Appeals,
G.R. No. 103119, October 21, 1992).
NOTE: There is no attempted or frustrated
impossible crime. It is always consummated and
applies only to grave or less grave felonies.
In an impossible crime, the person intending to
, commit an offense has already performed the
acts for the execution of the same, but
nevertheless. the crime is not produced by
reason of the fact that the act intended is, by its
nature, one of impossible accomplishment or
because the means employed by such person
are essentially inadequate or ineffectual to
produce the result desired by him. Therefore,
since the offender in impossible crime has
already performed the acts for the execution of
the •same, there could be no attempted
impossible crime._There is also no frustrated
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impossible crime because the acts performed by
the offender are considered as constituting a
consummated offense (REYES, Book One,
supra at'131).
There is an impossible crime of rape because
the Anti-Rape Law reclassified rape and
transferred it to Title 8 on Crimes Against
Persons from Title 11 on · Crimes Against
Chastity (I CAMPANIL-LA,_Reviewer, supra at
82).
If a person would .:ape a· man or a woman who
unknown to him has just died, he commits the
impossible crime of rape. Embalmers or an'y
person who rapes dead persons (-necrophilia)
are not liable for the impossible crime of rape.
Rather, they commit the crime of desecration of
the dead (BOADO, supra at 63-64).
Penalty for Impossible Crimes
The court, having in mind-the social danger and
the degree of criminality shown by the offender,
shall impose upon hin the penalty of arresto
a fine ranging frim 200 tQ 500 pesos
59).
ARTICLE 5
"'bUTY
OF THE COURT
PAR. 1. Wheoe.Jer a court has knowledge of any
act whi(il it Imay\ deem proper to repress and
whic · '' · · . le by law, it shall render the
proper' 'd shaH report to the Chief
Executive, rough the Department of Justice,
the reasons which induce the court to believe
~.aid act should be. made the subject of
REQUISITES OF ART. 5, PAR. 1:
1. The act committed by the accused appears not
punishable by any law;
2. But the court deems it proper to repress such
act;
3. In that case, the court must render the proper
decision by dismissing the case and acquitting
the accused; and
4. The judge must then make a report to the Chief
Executive; through the Secretary of Justice,
stating the reasons which induce him to believe
that the said act should be made the subject of
penal legislation (REYES, ·aook One, supra at
95).
NOTE: The basis of Par. 1 of Art. 5 is the legal
maxim, nullum crimen, nu/la poena sine lege, that is,
there is no crime if there is no law that punishes the
act.
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CRIMINAL LAW I
CriminalLaw

Art. 21 prohibits the imposition of a penalty not
prescribed by law prior to the commission of a
felony.
The Philippines does not subscribe to the common
law crime. Crime is the product of the law; no matter
how evil an act is it not a crime unless there is a law
punishing it (BOADO, Compact Reviewer, supra at
37).
STATUTORY LAW AND COMMON LAW
CRIME, DISTINGUISHED
3. The court should not suspend the execution of
the sentence; and
4. The judge should submit a statement to the
Chief Executive, through the Secretary of
Justice, recommending executive clemency (Id.
at 89).
The court must impose the penalty prescribed for the
crime committed although it finds the penalty too
harsh considering the conditions surrounding the
commissipn of the crime (ESTRADA, Book One,
supra at 47).

Statutory t.aw C<>mmont.aw erime NOTE:The basis of Par. 2 of Art. 5 is the principle
dura lex sed lex, that is, the law may be harsh, but
As to Nature the law is the law. The most the judge could do is to
recommend to the Chief Executive to grant
Written laws One that is manifestly
executive clemency (Id.).
contrary to good
customs and public
Th.Elduty of the court is to apply the law, disregarding
policy even thoygh -not
their f~eiiqg of sympathy or pity for an accused. Dura
expressly p_unishecl. by
.
li:n<s,d lex' (People v. Amigo, G.R. No. 116719,
law
Jan!l.ary J8, ·l996).
. .

Although tl'le petitioner was convicted under a

Created by enactment of Does .not'_-rest fot special penal la\N,th.e Court is not precluded from
legislature authority upon any giving the RPC suppleiory application in light of Art.
1
express ' and .positive 1O of the same,. Code. Considering the
deciaration of the will of circumstl:lnces ofJhe case, the Court transmits the
the legi~lature "caseto the Chief Executive, through the Department
1
of Justice, and r!etbmrnends the grant of executive
As to Recognition clemepcy to_the j)etition~r (Mendoza v. People, G.R.
1
No. }83891; OctdfJ&f't/J,2011).
Recognized in this N~trecognized in tbis ' v, ··,

country, following the country .EX~\Jii've Cjemency

principle of nul/um lt,is the power of th~ President to pardon a person
crimen, nu/la poena sine GOnvicted"ofa cri_mlnaloffense, or to commute the
lege related .sentenc.e;or reduce it to a lesser sentence
(BOADO, Compact Reviewer, supra atJ7J.>
- (B/ack'$ l,.awJ)ictionary).
$ .,_ -~. ..-, ,' " ❖

PAR. 2. In the same way, the court shall ··-

submit.
to the Chief Executive, through the Department
of Justice, such statement as may be deemed
proper, without suspending the execution of the
sentence, when a strict enforcement of the
provisions of this Code would result in the
imposition of a clearly excessive penalty, taking
into consideration the degree of malice and the
injury caused by the offense.
REQUISITES OF ART. 5, PAR. 2:
1. The court after trial finds the accused guilty;
2. The penalty provided by law and which the court
imposes for the crime committed appears to be
clearly excessive because:
a. The accused acted with lesser degree of
malice; and/or
b. There is no injury, or the injury caused is of
lesser gravity;
The Court notes that as may be gleaned from its
whereas clauses, PD 1612 (Anti Fencing Law of
1979) was enacted in order to provide harsher
penalties to those who would acquire properties
which are proceeds of the crimes. of Robbery or
Theft, who prior to the enactment of said law, were
punished merely as accessories after the fact of the
said crimes. Thus, since the determination of
penalties is a policy matter that belongs to the
legislative branch, it is prudent to instead, to furnish
both Houses of Congress, as well as the President
of the Republic of the Philippines, through the DOJ,
pursuant to Article 5 of the RPC, copies of this ruling
in order to alert them on the aforestated
incongruence of penalties, all with the hope of
arriving at the proper solution to this predicament
(Cahulogan vs. People, GR. No. 225695 March 21,
2018).

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MEM✓\/:RY Al D
San Seda Uni\reraity College of I.aw - RGCT Bar Operations Center
.ARTICLE 6
CONSUMMATED, FRUSTRATED &
ATTEMPTED FELONIES
FORMAL CRIMES OR CRIMES
EFFECT
These are felonies which by a single act of the
accused consummates the offense as a matter of
law (i.e. physical injuries, acts of lasciviousness,
attempted flight to an enemy country, coercion,
slander, illegal exaction, perjury, false testimony).
There is no attempted or frustrated stage (I
CAMPANILLA, Reviewer, supra at 110).
As a rule, there can be no attempt at a formal crime,
because between the thought and the deed, there is
no chain of acts that can be severed in any link.
Thus, in slander, there is either a crime or no crime
at all, depending upon whether or not defamatory
words were spoken publicly (REYES, Book One,
supra at 127).
NOTE: Coup d' etat is a formal crime. It has no
frustrated or attempted stage. Once .the military, .... sr.b- Acti,,.of Execution
police or public officer made a swift attack agatnst i}J:;i:iriif>::7/''to,;~nishable
facilities needed for the exercise and. continued ' · E3ookpne,
possession of power for the purpose of seizing or ..
diminishing state power, the crime is consummated
(I CAMPANILLA, Reviewer, supra at 110-111).
MATERIAL CRIMES
These are crimes which involve the three.$Uiges.of
execution (REYES, Book One, supr11at 129).
FELONIES BY OMISSION rq
These are crimes where there can be no attempted
stage because the offender does not execute acts,
e.g. mispris,ionof treason (REYES, Book Orie;
supra
at 128).
STAGES . OF DEVELOPMENT
CRIME:
1. Internal Acts
are mere ideas in the mind of a person that
are not punishable even if, had they been carried
out, they would constitute a' crime. Mere
intention producing no effect is no more a crime
than a mere effect without the intention is a
crime (Id. at 102).
2. External Acts
are the physical or sensibly perceptible side
of a human action. In the context of criminal law,
external acts cover preparatory acts and overt
acts (Id. at 103).
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a. Preparatory Acts
initial acts of a person who has
conceived the idea of committing a crime,
but which cannot by themselves logically
and necessarily ripen into a concrete
OF offense. They are not even an overt act and
hence, they do not constitute the attempted
stage of the acts of execution (ESTRADA,
Book One, supra at 48). ·
NOTE: Preparatory acts are not punishable
under the RPC as long as they remain
equivocal or of uncertain significance,
because by their equivicality no one could
determine with certainty what the
perpetrator's intent really was. (Cruz v.
People, G.R. No. 166441, October8, 2014).
However, preparatory acts are punishable if
the law prescribes a penalty for its
commission such as proposal or conspiracy
to commit rebellion, or possession of-
picklock (I CAMPANILLA, Reviewer, supra
at 92).
under the RPC (REYES,
supra at 103).
,·,t ~
TWO PHASBS OF A FELONY
1. Subjetti'(e Pl,ase
- jf is t,at P9rtion of the acts constituting the
q:i~"." ' • iween the act which begins the
com ;; the crime and the last act
performe y the offender which, with prior acts,
should results in the consummated crime
;l£t,;Jf;Mffanio v. People, G.R. No. 157057, June 26,
:;;}"•
;;:zz.:~mr,t
In an attempted crime, the offender never
passes the subjective phase. He does not
arrive at the point of performing all ,of the acts of
execution which should produce the crime. He is
OF A stopped short of that point by some cause apart
from his .voluntary desistance (People v.
Caballero, G.R. Nos. 149028-30, April 2, 2003).
The subjective phase· exists in the attempted
stage because here the offender could perform
all the acts necessary to produce the felony or
he may desist (BOADO, supra at 68).
In a frustrated crime, the offender has passed
the subjective phase in the commission of the
crime. Subjectively, the crime is complete.
Nothing interrupted the offender while passing
through the subjective phase. Offender was able
to do all acts required to consummate the crime.
Still, the crime is not consummated by reason of
the intervention of causes independent of the will
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PN17C
of the offender (People v. Caballero, G.R. Nos.
149028-30, April 2, 2003).
2. Objective Phase
It is the phase when the offender has
performed all the acts necessary to accomplish
the crime and may either be frustrated when the
crime does not result notwithstanding or,
consummated when the crime is produced (Id.).
THREE STAGES OF ACTS OF
EXECUTION:
1. Attempted;
2. Frustrated; and
3. Consummated (RPG, Art. 6).
The stages of execution do not apply to the
following:
1. Offenses punished by special laws;
2. Formal crimes - consummated by a single act
3. Impossible crimes - as the crimesceannot even
be consummated; · · ·
4. Crimes consummated by mece attempt(attempt
to flee to an enemy country, lreasqn,.corrUf)ttOr'l
of minors); · ·
5. Felonies by omission; an¢ , ·offender. guilf¼,bf qt/empted robbery by the use of
6. Crimes committed by mere agreement (betting
in sports, corruption •of•· public · officers)
(ESTRADA, Book One, :supra bt 50). ..
Factors in Determining Stage ofl:xecutwp
1. Manner of committing theJeycmy; · ·. ·
2. . Elements constituting the fefony7and ·.
1
3. Nature of the offense (REYES, Bopk One, supra
at 120). · consequer:ice,which' act it is his intention to perform
ATTEMPTED FELONY
There is an attempt when the offende, commences
the commission of a felony directly by overtij,qts, and
does not perform all the acts of execution Which
·should produce the felony by reason of some cause
or accident other than his own spontaneous
desistance (RPG, Art. 6, Par. 3).
Elements of Attempted Felony: (CDOC)
1. The offender Qommences the commission of
the felony directly by overt acts;
2. He Qoes not perform all the acts of execution
which should produce the felony;
3. Offender's act is not stopped by his own
spontaneous desistance; and
4. The non-performance of all acts of execution
was due to a Qause or accident other than the
offender's own spontaneous desistance (Rivera
v. People, G.R. No. 166326, January 25, 2006).
Felony is deemed commenced by overt acts
when the ,following are present:
1. External acts; and
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CRIMINAL LAW I
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2. Such external acts have direct connection with
the crime intended to be committed (Rivera v.
People, G.R. No. 166326, January 25; 2006).
Indeterminate Offense
It is one where the purpose of the offen_der in
performing an act is not certain. Its nature in relation
, to its objective is ambiguous. The accused may be
convicted of a felony defined by the acts performed
by him up to the time of desistance (REYES, Book
One, supra at 107).
lllustrati'on: The accused was caught opening with
an iron bar a wall of a store of cheap goods. He
broke one board and was unfastening another when
patrolling police caught him. He was charged with
attempted robbery.
The crime committed is only attempted trespass to
dweJ!ing based on the acts performed by him before
t,eif]g CB!{ght. There is something yet for him to do
. to make hfmliable for the offense charged. The final
objective of the accused, once he succeeded in
enteilnfJ the store,.,may be to rob, to cause physical
injury to tmf1nmatis, or to commit any other offense.
· In such case, \th.ereis no justification in finding the
force u,ppn thtngs '(Id...,at 100-102 citing People v.
Lamaha(lg, G.R~ t:,Lo,43..530,August 23, 1935).
NOTE: to be an attempted crime, the purpose of the
offender .must !)e thwarted by a foreign force or
agency-which intervenes and compels him to stop
prior tcfthemoment when he has performed all the
acts which /should/ produce the crime as a
(P~ple ,V. Caballero, G.R. No. 149028-30, April 2,
20()3).' .
Desistarice
It js the act of discontinuing the execution of the
felony which will negative criminal liability of the
offender when done during the attempted stage. It is
an absolutory cause which negates criminal liability
because the law encourages desistance from
committing a crime (BOADO, supra at 70).
NOTE: The spontaneous desistance of a malefactor
exempts him from criminal liability for the intended
crime but it does not exempt him from the crime
committed by him before his desistance (People .v.
Lizada, G.R. No. 143468-71, January 24, 2003).
The term "spontaneous" means proceedings from
natural feeling or native tendency without external
constraint; it - is synonymous with impulsive,
automatic, and mechanical (I CAMPANILLA,
Reviewer, supra ~t 97).
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Kinds of Desistance:
1. Legal Desistance
It is a desistance referred to in law which
would obviate criminal liability, unless the overt
or preparatory act already committed in
themselves constitute a felony other than whc1t
the actor intended. It is made during the
attempted stage.
2. Factual Desistance
It is the actual desistance of the actor; the
actor is still liable for the attempt. It is one made
after the attempted stage of the_crime. It has no
legal effect because the law recognizes
desistance only at the attempted stage
(BOADO, supra at 70).
FRUSTRATED FELONY
A felony is frustrated when the offender performs all
the acts of execution which would produce the felony
as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the
will of the perpetrator (RPG, Art. 6, Par. 2). .
Elements of Frustrated Felony:
1. The offender performs all the acts of execution;
2~ All the acts performed would produce the felony
as a consequence (belief of accµsed as to ·
whether or not he had performed all .aGts of
execution is immaterial); · ·
3. But the felony is not produced; and
4. By reason of causes independent of the will,of
the perpetrator (People v. Caballero, ~iR.No.
149028-30, April 2, 2003). ..
CONSUMMATED FELONY
A felony is consummated when all the elem_ents
necessary for its execution and accomplishmenl are
present (RPG, Art. 6, Par. 2).
Every crime has its own elements which must be
present to constitute a culpable violation of a precept
of law (REYES, Book One, supra at 119).
NOTE: In the consummated stage, all acts of
execution are present hence the offender is in the
objective stage as he is no longer has control over
the outcome of his acts, having performed all that is
necessary to accomplish his purpose. Here the
crime is produced (BOADO, Compact Reviewer
supra at 39).
Examples of felonies which, by their definition
and elements, are immediately consummated:
1. Rape
The basic element of rape is carnal
knowledge or sexual intercourse, not
ejaculation. As such, a mere touching of the
external genitalia by the penis capable of
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consummating the sexual act already
constitutes consummated rape (People v.
Butiong, G.R. No. 168932, October 19, 2011).
NOTE: Rape in its frustrated stage is a physical
impossibility, considering that the one of the
requisites of a frustrated felony is that the
offender has performed all the acts of execution
which would produce the felony. Obviously, the
offender attains his purpose from the moment he
has carnal knowledge of his victim, because
from that moment all the essential elements of
the. offense have been accomplished, leaving
nothing more to be done by him (Cruz v. People,
G.R. No. 166441, October 8, 2014).
2. Adultery
It is an instantaneous crrme which is
consummated and exhausted or completed at
the moment of the carnal union. Each sexual
intercourse constitutes a crime of adultery
(People v. Zapata, G.R. No. L-3047, May 16,
1951).
lndirect ..~ribery
· mmitted by accepting gifts offered to
officer by reason of his office. If he
does nota\cept, he does not commit the crime.
If he acc~p\s, it is immediately consummated
(RPC,"Art: 211; BOADO, supra at 599).
Direct Bribery (/ CAMPANILLA, Reviewer,
_sii~;J
· i~'.;'••
·
Corruption of Public Officers
The offense requires the concurrence of the
• fpoth parties, such as that when the offer
'b~pted,' the offense is consummated. But
when the offer is rejected, the offense is merely
attempted (RPG, Art. 212; BOADO, supra at
604).
6. Physical Injury
It cannot be frustrated because the. felony
cannot be determined as slight, less serious, or
serious · unless and until it is consummated
(BOADO, supra at 693).
7. Theft
Unlawful taking immediately consummates
the off~nse and the dispos1tionof the thing is not
an element thereof (Valenzuela v. People, G.R.
No. 160188, June 21, 2007). It need not be
capable of "asportation," which is defined as
"carrying away." Jurisprudence is settled that to
"take" under the theft provision of the penal code
does not require asportation or carrying away
(Medina v. People, G.R. No. 182648, June 17,
2015).
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8. Arson
It is the malicious' burning of property.
(People v. Soriano, G.R. No. 142565, July 29, to consummate the In theft, it is deemed
2003). In this connection it is to be remembered crime (REYES, Book complete from the
that the crime of arson is consummateq in the One, supra at 126). moment the offender
mere act of setting, a house afire, and the fact gains possession of the
that a fire may be extinguished before In robbery with violence thing, even if he has no
appreciable damage is done in no wise reduces against or intimidation of opportunity to ·dispose
the gravity of the offense (U.S. v.Burns. persons, the crime is of the same (People v.
G.R.No.16648. March 5, 1921).. consummated the Elfasos, G.R. 139323,
moment the offender June 6, 2001).
RULES ON MURDER, HOMICIDE, gets hold of the thing
PARRICIDE AND INFANTICIDE (MHPI), taken (Id;}.
AND ST AGES OF EXECUTION
Grav:ltJ Rape
Death Intent to Grime The mere introduction of the penis into the labia
of the
Results Kill Committed majora of the victim's genitalia engenders the crime
Wound
of rape. Hence, it is the "touching" or "entry" of the
Yes Presumed Mortal MHPI .penis into the labia majora or the labia minora of the
,~
Frustrated pudeiitJum of the victim's genitalia that
No Yes Mortal
' ,donsvmmate:;, rape (People V. Ori/la, G.R. Nos.
MHPt·
' ~ .,. 148939-40, February 13, 2004).
Non- .
., ·· Attempted
No Yes .

mortal ( rvtHPlr '

. 'Rape.,Wheh
Att~eted
.r ,:;.._ ... The accused must ·.have commenced the act of
No Yes Overt act' ~ttempted penetrating hi~ sexua't,organ to that of the victim but
only)- no MHPI . for some caute or. accident other than his own
wound ,. '' It •, ..
. voluntarj desistapce, \: the penetration, however
No No Mortal Serious; slight, is not completed (People v. Bon, G.R. No.
166401;<Octobet 30, 2<1D6).
WOUfld .,physiccll
, injuries
1
No No Non;: 'less · -S~{ious/ Examples:
mortal . slight · physical 1. C1irnbingq.fl top ota naked female with. proof of
wound. in)1:1ries · his erectile penis peing in a position to penetrate
.
(REYES, The Revised Penal, Code, J3ook Two, l/1e female's vagina (Cruz v. People, G.R. No .
· (2021), pp. 599-629; 640-643). J66:fl;41, October 8, 2014).
2. , ,ToLichirlg.of,the vagina by the penis coupled with
ROBBERY AND THEF:t, ., intenJ . toj,. penetrate manifested •through the
·. snowing that the penis is capable of
DISTINGUISHED
consummating the sexual act touching the
Roboety Theft external genitalia of the female (Cruz v. People,.
G.R. No. 166441, October 08, 2014).
How Committed 3. Accused must actually commence to force hi~
penis into the sexual organ of the victim (People
Both crimes are committed by the taking of the v. Banzuela, G.R. No. 202060, December 11,
personal property of another and with the intent to 2013).
gain. The difference is that in robbery, there is the
use of force or violence (Tan v. People, G.R. No. NOTE: The intent of the offender to lie with the
134298;August26, 1999). female defines the distinction between attempted
rape and acts of lasciviousness. The felony of
When Consummated
attempted rape requires such intent; the felony of
By the use of force upon So long as there is acts of lasciviousness does not. Only the direct overt
things, since the possession of the acts of the offender establish the intent to lie with the
offender must enter the property, no matter female (Cruz v. People, G.R. No. 166441, October
building to commit the how momentary it may 08, 2014).
crime, he must be able be, the crime is
to carry out of the consummated
building the thing taken

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ATTEMPTED, FRUSTRATED AND persons is slight physical injuries which in the first
IMPOSSIBLE FELONIES, place is always consummated (BOADO, supra at
58).
DISTINGUISHEO
The exception can apply however to attempted or
frustrated light felonies against property BUT only
principal and accomplices are Criminally liable while
accessories are exempt (Id.).

Light felonies punished by the RPC: (STAM)

1. ~light physical injuries (Art. 266);
2. !heft (Art. 309, Pars. (7) and (8), as amended
Evil intent is possible of Evil intent by R.A. No. 10951), when the value of thing
accomplishment. cannot be stolen does not exceed five hundred pesos
accomplished. (P500) and theft is. committed under the
circumstances enumerated under Art. 308, Par.
As to cause of nc:m-accornplishmer:rt 3;
3. Alteration of boundary marks (Art. 313); and
The felony was Causes Evil intent 4. Malicious mischief (Art. 328, Par. (3), Art. 329,
not produced independent cannot be Par. (3), as amended by R.A. No. 10951), when
by reason of of the will of accomplished the value of the damage does not exceed forty
some cause or the because of thousand pesos (P40,000) or cannot be
accident other perpetrator. inherent estimated. '
than the impossibility or
offender's own
spontaneous
the means
employed by the .
::J:~.g"fE:
Unciw Art. 16, only the principal and the
desistance. offender is
•i:::Ca~~~~q~iJiJare
1
liable. Accessories are not
punislial.5~ f:l\~ause light felony is penalized with
inadequate - or arresto memit(/3OADO, supra at 73). ·
ineffectual. ;, ·.•

(RPG, Art. 6; REYES, Book One, supra at 1,:B-119). ; .. ARTICLE 8

CONSPl~CY
~, ;
AND PROPOSAL
ARTICLE 7 . ;("''.JQ~Ql,IIMIT FELONY
LIGHT FELONIES

LIGHT 'FELONIES ists when two or n:,o're persons come to an

These are infractions of law for which th$ penalty of
arresto menor or a fine not exceeding fatty.thousand
(P40,000) pesos or both is prescribed (RPG,Art. 9,
as amended by R.A. 10951, Sec. 1). · GENERAL RULE: Mere conspiracy or proposal to
GENERAL RULE: Light felonies are punishable only
when they hav~ been consummated (RPG, Art. 7).
REASON: They produce light, insignificant moral
and material injuries that public conscience is
satisfied with providing a light penalty for their
consummatron. If they are not consummated, the
wrong done is so slight that there is no need of
providing a penalty at all (REYES, Book One, supra
at 132).
EXCEPTION: If committed against persons or
property, punishable even if attempted or frustrated
(Id.).
REASON FOR EXCEPTION: Such commission
presupposes moral depravity (Id. at 132). The
exception with regard to crimes against persons is
actually unnecessary, as the only light felony against .
concerning the commission of a felony
to commit it (RPG; Art. 8, Par. (2).
commit a felony is not punishable since they are only
preparatory acts. They are not the overt acts that
amount to the commencement of a felony (BOADO,
supra at 73).
EXCEPTION: Conspiracy and proposal to commit
felony are punishable only in cases in which the law
specially provides a penalty therefore (RPG, Art.BJ
Conspiracy can be inferred from and established by
the acts of the accused themselves when said acts
point to a joint purpose and design, concerted action
and community of interests. However, in determining
whether conspiracy exists, it is not sufficient that the
attack be joint and simultaneous for
simultaneousness does not of itself demonstrate the
concurrence of will or unity of action and purpose
which are the bases of the responsibility of the
assailants. What is determinative is proof
establishing that the accused were animated by one

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and the same purpose (Quidet v. People. G.R.No. extent of their participation. Each of the conspirators
170289. April 8, 2010). is the agent of all the others (People v. Pilola, G.R.
No. 121828, June 27, 2003) ..
NOTE: Conspiracy arises on the very moment the
plotters agree, expressly or impliedly, to commit the The character and effect of conspiracy are not to be
subject felony (People v. Carandang G.R. No. adjudged by dismembering it and viewing its
175926, 6 July 2011). separate parts but only by looking it as a whole-
acts done to give effect to conspiracy may be, in fact,
REQUISITES OF CONSPIRACY: (ACE) wholly innocent acts (People v. Yongco, G.R. No.
209373, July 30, 2014).
1. Two or more persons came to an Agreement;
Mere Conspiracy
NOTE: Agreement may be oral or written, There is mere conspiracy when two or more persons
express or implied (REYES, Book One, supra at
have a mere agreement to commit the acts
138).
necessary to produce the offense. but not the actual
execution thereof (People v. Fabro, G.R. No.
2. The agreement concerned the Commission of a
114261, February 10, 2000).
felony; and -
3. The gxecution of the felony be decided upon
(RPG, Art. 8, Par. (2)); REYES, Book One, suprc1 . ...
WHEN MERE CONSPIRACY IS
at 138). ·PUNISHABLE, UNDER THE RPC: (TRIC-
:SM)
Wheel Conspiracy .1. ]'.rea$on, (Art. 115);
The wheel conspiracy occurs when ther~ is a.single 2. Bet>ellion/(Arr. 136);
person or group (the hub) dealing intfiviciually,with '3. !nsutr~ction, (Af:t. 136);
two or more other persons or,group,s ·t~·espokes). 4. Coup il'.etat:{Afl: 136);
The spoke typically interacts with t~ ryub rather th~.n 5. §.edltion, 1(Aft. 141J; and
with another spoke. In theievent 1that tbe spoke 6. Moribpolies and combinations in restraint of
shares a common purpose to succeed, there is a trade (Art. 186),
single conspiracy. Howevet, in the instances when
each spoke is unconcerned' with the succe$S of the WHEN MERe,; CONSPIRACY IS
other spokes, there are multiple c9~spiracies ( Gloria
Macapagal-Arroyo v. People G,R, No. 220598, 19
PUNlSHABL~, UNDER SPECIAL LAWS:
July 2016). (DA:tE-PANlf
1. Selected acts committed under the Qangerous
Chain Conspiracy Qrugs Act (R.A. No. 9165);
The chain conspiracy recogni+:ed in 'E§trada )1. 2. Arsop;'
Sandiganbayan exists when there is sµ~~s,ve. 3. lerrorts,:n
Ul)der the Human Security Act (R.A.
communication and cooperation in much the~am& No. 9372);. ···. .
way as with legitimate business operations be™"een . 4. • ,Espionage;
manufacturer and wholesaler, then wholesaler and 5. Anti-Child fornography Act (RA. No. 9775);
retailer, and then retailer and consumer. Tliis 6: ··· Access Device Fraud (RA. No. 8484 ); and
involves individuals linked together in a vertical chain 7. Money Laundering (R.A. No. 10365).
to achieve a criminal objective (Id.).
TWO CONCEPTS OF CONSPIRACY
lmputability Doctrine
Act of an offender is imputable to his co-conspirator
although they are not similarly situated in relation to CONSPIRACY AS A FELONY AND AS A
the object of the crime (I CAMPANILLA, Reviewer, MANNER OF INCURRING CRIMINAL
supra at 114). · LIABILITY, DISTINGUISHED
NOTE:In establishing conspiracy, direct evidence of As a Manner of
the agreement is not necessary. Its existence may As a Felony IncurringOrirninal
be inferred from "the acts of the accused before, Liability
during[,] and after the commission of the crime
charged, from which it may be indicated that there is Mere act of agreeing to Conspiracy assumes
commit a crime and importance only with
a common purpose to commit the crime." Once
conspiracy is proven, the act of one is considered deciding to commit it is respect to determining
already punishable, but the liability of the
the act of all (People v.. Zafra, G.R. No. 225784
only in cases where the perpetrators charged
(Notice}, February 4, 2019). All the conspirators are
law specifically with the crime (De Lima
liable as co-principals regardless of the manner and

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2. When the other crime is the natural

As a Mannerof
As a Felony Incurring ~riminal consequence of the crime planned;
3. When the resulting crime was a composite crime
Liabilify
(BOADO, Compact Reviewer, supra at 46-47).
penaiizes such act and v. Guerrero, G.R. No.
provides a penalty 229781, October · 10, B. IMPLIED CONSPIRACY
therefor (De Lima v. 2017). Doctrine of Implied Conspiracy
Guerrero, G.R. No. Conspiracy is deemed impHedwhen the malefactors
229781, October 10, have a common purpose and were united in its
2017). execution. Spontaneous agreement or active
cooperation by all perpetrators at the moment of the
Felony relates to a crime Conspiracy is not
commission of the crime is sufficient to create joint
actually committed. treated as a separate
criminal responsibility (Sim, Jr. v. Court of Appeals,
offense but used to
G.R. No. 159280, May 18, 2004).
determine the liability of
the offenders.
NOTE: The co-conspirator must do an act which
The conspiracy is In conspiracy, the act of shows his unity of purpose and design with the other
absorbed; one is the act of all. offenders. Mere presence at the scene of the crime,
without more, will not rnake a person liable, and this
(REYES, Book One, supra at 135). is true even if he approves of the acts of the
oft'.enders(BOADO, supra at 80).
GENERAL RULE: Once conspiracy is proven, the
act of one is considered the act of all (People ;11. . ;": Mere knowledge, acquiescence to or agreement to
Zafra, G.R. No. 225784 (Notice), February 4, 2019}. ··.};~!cooperate, is not enough to constitute one as party
I •
· '.t;,:tg:,.n,.spira~ 1,absent any active participation in the
EXCEPTION: Unless one or some of ··the ' c6mm•n?}pf the crime, with a view to the
conspirators committed some other crime, Which is furtherance ofJhe common design and purpose-
not part of the intended crime (People v. Valdez, conspiracy Jr;in-scends companionship (People v.
G.R. No. L- 75390, March 25, 1988). Patano, G.R. Nd, 129306, March 14, 2003).

EXCEPTIONS TO THE EXCEPTION: In detertnining whether there. is an implied

When one stands guard or lends-moral 'support to
the actual perpetration thereof is criminally
responsible to the same extent .as the actual
perpetrator, especially if they did nothing to:
1. prevent the commission of the crime (Pf#aple v.
Lababo, et. al., G.R. No. 234651, Junef3, 2018).
2. When the other crime is the natural
consequence of the crime planned; and_
3. When the act constitutes a "single inclMsible
offense" (BOADO, supra at 82).
TWO TYPES OF CONSPIRACY
A. CONSPIRACY BY
AGREEMENT
It exists when two or more persons come ·to an
agreement concerning the commission of a felony
and decide to commit it (RPG, Art. 8, Par. (2)). In
which case, a conspirator is liable as long as he
appeared in the scene of the crime unless he is the
mastermind.
The liabilify of the conspirators is only for the
crime agreed upon except:
1. When the other crime was committed in their
presence, and they did not prevent its
commission;
cons?ir~ril11}1JSt~based on:
1. Overt'.~ :dsne before, during, or after the
commission of the crime; or
Words, remarks, or language used before,
or after the commission of the crime.
must be distinct from each other,
independent, or separate.
b. They must be closely associated, closely
related, closely linked, and coordinated.
c. They must be for a common criminal design,
joint criminal interest, unity of criminal.
purpose, or concerted action, geared
towards the attainment of the felony (People
v. Sandiganbayan, G.R. No. 158754,
PRIOR August 10, 2007).
NOTE: In the absence of conspiracy or unity of
criminal purpose and intention immediately before
the commission of the crime, or community of
criminal design, the criminal responsibility arising
from the acts directed against one and the same
person is individual and not collective (Tapalla v.
Court of Appeals, G.R. No. 100682, May 31, 1993).
Arias Doctrine
All heads of offices have to rely to a reasonable
extent on their subordinates and on the good faith of
those who prepare bids, purchase supplies, or enter
into negotiations.

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One who signs or initials documents in course of
transit in the conduct of the agency's standard
operating procedure does not automatically become
a conspirator in a crime committed at a stage where
he had no participation (Arias v. Sandiganbayan,
G.R. No. 81563, December 19, 1989).
PROPOSAL TO COMMIT A FELONY
It is committed when the person who has decided to
commit a felony proposes its execution to some-
other person or persons (RPG, Art. 8, Par. (1)).
Requisites of Proposal to Commit felony:
1. A person has decided to commit a felony; and
2. He proposes its execution to some other person
or persons (REYES, Book One, supra at 140).
Felonies which are punishable by mere
proposal: (TRIC)
1. !reason (Art. 115);
2. Rebellion (Art. 136);
3. !nsurrection (Art. 136); and
4. ~_oup d' etat (Art. 136) (REYE~. Book One,
supra at 140). ·· ·
NOTE: There is no crime of prop!)'sal to commit
sedition.
Proposal to commit a felony not punishable
when: · to be imposed (RPG, Art. 39(2)), where the
1. The person who propo~s i~rrot deteitni.fled to
oommijthefu~~; _ ~ ·
2. There is no decided, · poncrete and formal
proposal but a mere suggestion; and · case of.Aailure j<>post the bond to keep the
3. It is not the execution of a felony thafis proposed
(Id. at 140-141). . .
It is not necessary that the person to whom .'the
proposal is made agrees to commit TRlC, what
constitutes the felony is the making of the proposal
(Id. at 141).
ARTICLE 9
CLASSIFICATION OF FELONIES
ACCORDING TO GRAVITY
GRAVE FELONIES
Felonies to which the law attaches the capital
punishment or penalties which in any of their periods
are afflictive, in accordance with Art. 25 of the Code.
These are:
1 . Reclusion perpetua;
2. Reclusion temporal;
3. Perpetual or · Temporary Absolute
Disqualification;
4. Perpetual or Temporary Special Disqualification;
5. Prision mayor, and
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CRIMINALLAW I
Criminal Law
6. Fines of more than one million two hundred
thousand pesos (P1,200,000) (RPG, Art. 26, as
amended by R.A. No. 10951). ·
LESS GRAVE FELONIES
Felonies which the law punishes with penalties
which in their maximum period are correctional, in
accordance with .Art. 25 of the Code. These are:
1 . Prision correccional;
2. Arresto mayor,
3. Suspension;
4. Destierro; and
5. Fines equal to or more than one million two
hundred thousand pesos (P1 ,200,000) but not
less than forty thousand pesos (P40,000) (RPG,
Art. 26, as amended by R.A. No. 10951).
LIGHT FELONIES
Infractions of law for which the penalty of arresto
men6f or a fine not exceeding forty thousand
• (f:?40,000)~os or both is provided (RPG, Art. 9, as
•amended byR.A. 10951, Sec. 1).
. IMPORTANC,1;.QF CLASSIFICATION:
1. To deten;rtirnf' whether these felonies can be
complexei!Ior not;
2, "To determine the prescription of the crime and
the prescriplie>rroftbe penalty;
3. To determine_tt)~,tdurationof subsidiary penalty
-subsrdiary penalty fa based on severity of the
penalty;
4 .. To determine the/duration of the detention in
peace (RPG, Art. 35);
5. To ?determin~ whether or not the person in
·authorlfyor'his agents have committed delay in
the delivery of detained persons to the judicial
a'uthotity (RPG, Art. 125); and
6.· To determine the proper penalty for quasi-
offenses (BOADO, supra at 88-89).
ARTICLE 10
OFFENSES NOT SUBJECT
TO THE PROVISIONS OF THE RPC
GENERAL RULE: RPC provIsIons are
supplementary to special laws (REYES, Book One,
supra at 145).
Thus, when the special law adopts the nomenclature
of penalties imposed in the RPC, such as reclusion
perpetua, reclusion temporal, etc., the provisions of
the RPC • and the rules and application of the
attendance of mitigating and aggravating
circumstances may be applied (ESTRADA, Book
One, supra at 81).
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\ I
MEM-Q~YAID
San Seda UniversityCollege of law - RGCTBar Operations Center
Applicability of RPC Provisions to Special Penal
Laws (SPL) may be:
1. Express.
- when the RPC expressly makes the RPC
applicable (e.g. R.A. No. 9745, Sec. 22, .
otherwise known as the Torture Law).
2. Implied
when the SPL uses the nomenclature of
penalties in the RPC (e.g. special laws importing
the RPC's nomenclature of penalties) (People v.
Simon, G.R. No. 93028; July 29, 1994; BOADO,
supra at 91-92).
EXCEPTIONS:
1. Where the special law expressly prohibits
supplementary application; and
2. When the provisions of the RPC are impossible
to apply, either by express provision or by
necessary implication (Id. at 92-93).
Suppletory Application of the Revised Penal ·
Co~
The suppletory application only finds relevance·
when the provisions of the special laws are silent on
a particular matter. ...
1. Principle of conspiracy - Art. 8 was Jip!!)fledto
B.P. Big. 22 (REYES, Book One, supra ctt 153).
2. Definition of principals, accom.qfi~
accessories - Arts. 17, 18 and. t9wt,t·osed
suppletorily to define the;.:words .. principal,
accomplices, and accessor~Mfld~r,lhJtMig~~nt
. Workers and Overseas FiHfi),lno ·Act
8042). <; ....... r,,;:
3. Art. 24 on measures of prevention or ..5safety
which are not considered as penJtti~s '.
4. Subsidiary penalty - applied when lt,
violatiop~ ..
of the Revised Motor Vehicle Law (Ar,;INo.3~9_2)
and B.P. Big. 22 because they did.opt cq~tain
any provision on subsidiary imprisonment•······
5. Concept of delito continuado (Art. 48).
6. Rules on Service of Sentence - Art. 70 was
applied in favor of the accused who was found
guilty of multiple violations of the Dangerous
Drugs Act (R.A. No. 6425).
7. Three-fold rule.
8. Rules governing civil/pecuniary liabilities.
9. Civil liability - Art. 100 on civil liability was
applied to a case for a violation of Act No. 3992.
10. Art. 125 on delay in the delivery of detained
prisoners (BOADO, supra at 90-91).
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CHAPTER TWO:
JUSTIFYING
CIRCUMSTANCES AND
CIRCUMSTANCES WHICH
EXEMPT FROM CRIMINAL
LIABILITY
(ARTS. 11-12)
MODIFYING CIRCUMSTANCES
The RPC subscribes to the classical theory hence,
there is a predetermined penalty for each crime
without regard to the moral state of the offender. It is
the office of modifying circumstances to increase or
decrease the penalty in accordance with the
presence or absence of circumstances showing the
moral, emotional and mental state of the offender
.. . (BOADO, supra at 94).
are modifying circumstances:
circumstances (Art. 11; Battered
woman $ .. drome under Sec. 26 of R.A. No.
9262 ('{t'~)) .
~nd - There are six (6).
Exenj,tii;g d~rcumstances (Art. 12)
There are even (7).
' stances (Art. 13)
~:A.
f.l~ (10).
·: Aggrava ng circumstances (Art. 14)
- There are twenty-one (21).
· · .• rnative circumstances (Art. 15)
ti.lJMre are three (3).
In addition to above:
1. Absolutory causes
- These are exempting circumstances outside
.Article 12 such as certain relatives who acted as
accessories to the offenders and those covered
by Article 332 for crimes and relatives
enumerated therein, among others (Id. at 97).
2. Extenuating circumstances
- These are mitigating but not found in Art. 13,
e.g., abandonment in paragraph 3, Art. 333 and
· concealment of dishonor in Art. 255 (Id.).
lmputability .
It is the quality by which an act may be ascribed to a
person as its author or owner. It implies that the act
committed has been freely and consciously done
and may therefore be put down to the doer as his
very own (REYES, Book One, supra at 156).
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CRIMINAL LAW I
CriminalLaw

Responsibility
Justi~ing Exempting
· It is the obligation of taking the penal and civil
Circumstance Circumstance
consequences of the crime (Id.).
legitimate and lawful in
Guilt the eyes of the law.
It is an element of responsibility, for a man cannot be
made to answer for the consequences of a crime As to Civil ICiabHity
unless he is guilty (Id.).
No civil liability can arise Civil liability arises from
Confession and Avoidance in Nature from the acts or the crime committed but
Justifying and exempting circumstances are both in omissions complained shall be borne by
the nature of confession and avoidance-the of except in cases persons other than the
accused is confessing to the commission of the act falling Art. 11, par. 4, accused. (except Art.
but seeks to avoid criminal liability. Hence, the strict where the law imposes 12, par. 4 and 7, where
requirement that all the elements necessary to the civil liability upon no civil liability may be
constitute such must be present. Not being a penal persons benefiting from imputable to any ,
provision, these beneficial provisions are strictly the salvific act. person).
construed against the accused. Thus:
1. All elements present
accused is not criminally !fable per A1s., 11
and 12; Criminal intent is • Intelligence and
lacking ..... freedom are lacking.
.,!'"' ,,/,
2. Majority of the elements p.~sel'.'!t ., ·(RE¥~s,· Boq{<.One,supra at 157 and 227).
accused will be given the b.errefit !Jf
privileged mitigating pursu9nt,to Af:,t,6~kWhen
.~'8TICLE 11
there are only 2 elements pftt;\@'ciFt'um~tanceto
justify the act or exempt the actgr frol1) criminal JUSTlfYIN,Gc.CIRCUMSTANCES
liability, the presence of1 wjjl 98 considered as
majority, the .rule being .ttr~t the law favors a JUSTlfYING1 CIRCUMSTANCES
lesser criminal liability; •. These 1are circumstances attendant to the
commi~sio11of the aliS,:gedoffense which by their
3. Only one element ptp;~11l, .· . preserfcil ·negates Jbeimlawfulness of the acts so
offenders will be given atior¢linarymitigating committed, so.that 'such person is deemed not to
circumstance according 1 to Art..13 Par. 1 have transgr~sed the law and is free from both
(BOADO, Compact Reviewer, sup,;fJat 58). crfminal ancftivil liabifity, except in the case of par. 4
of Art. 11 ofthe RRt (REYES, Book One, supra at
JUSTIFYING AND EXEMPTlffG .. 157): .
. CIRCUMSTANCE, DISTINGUtSHED
BAS.IS: The basis for these circumstances is the
Justifying. Exempting lack of criminal intent, and since actus non tacit
Circumstance Circumstance reuin, nisi mens sit rea (ari act does not make the
doer guilty, unless the mind is guilty), there is no
As to Effect on Actor
crime and there is no criminal in the situations
It affects the act, not the It affects the actor, not contemplated in Article 11 provided the respective
actor. the act. elements are present (REGALADO, supra at 48).

As to Basis GENERAL RULE: Justifying circumstances are

those where the acts of the actor are in accordance
There is no crime, There is a crime but with law, thus he incurs no civil liability. Since there
hence there is no there is still no criminal. is no crime, there is no criminal and hence, no civil
criminal. liability (BOADO, supra at 63).

As to Effect on Criminal Liability EXCEPTION: Art. 101. Where "in cases falling within
subdivision 4 (avoidance of greater evil or injury) of
The act is considered to The act complained of Art. 11, the persons for whose benefit the harm has
have been done within is actually wrongful, but been prevented shall be civilly liable in proportion to
the bounds of law; the actor is not made the benefit which they have received (BOADO,
hence, the act is criminally liable. supra at 103).

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PN17C
\ I
MEM✓Q~Y AID
San Seda UniversityCollege of Law - RGCTBar Operation$ Center
-Since there is no crime, there is no criminal; hence,
he should not be called an "offender" but an "actor"
(Id.).
There are seven justifying circumstances, six of
· which are provided in the RPC modified by R.A.
No. 9262, to wit: (SeRSADO)
1. Self-Defense;
2.. Defense of Relatives;
3. Defense of §.tranger;
4. Avoidance of greater evil or injury;
5. Fulfillment of Quty or lawful exercise of right or
, office; and
6. Obedience to an order issued for some lawful
purpose (RPG, Art. 11).
7. Battered Woman Syndrome is also a justifying
circumstance (R.A. No. 9262, Sec. 26).
PAR. 1. SELF-DEFENSE
BASIS: Self-defense includes primarily the defense
of one's right to life and security. It also includes the
right to self-help with regard to the defense of one's
right to peacefully possess property (CIVIL COOT::,
Art. 429), and the right to protect one's honor and
dignity which is not the least prized of man's·
patrimony (REYES, Book One, supra at 160). ·
The law on self-defense embodied in any penal··
system in the civilized world find justification in man's
natural instinct to protect, repel and .savehi$ )person
or rights from impending danger or peril; it is based
on that impulse of self-preservation born to R1anand
part of his nature as a human being (Spplente .v. .
People, G.R. No. 152715, July 29, 2005;Ca$!afiares
v. CA, G.R ..Nos. L-41269-70, August 6, 1979).
The effect of invoking self-defense is tQ place th~.
burden on the accused to prove to the fact 'bf
legitimate defense. An accused who plea!'.is a
justifying circumstance under Article (Art.(1'1 bf the
Revised Penal Code admits to the commission of
acts, which would otherwise engender criminal
liability (People v. Advincula, G.R. No. 218108, April
11, 2018).
RIGHTS INCLUDED IN SELF-DEFENSE:
Self-defense in paragraph 1 includes the defense of
life, property, honor or rights (REGALADO, supra at
49).
1. Defense of Person
Jose was totally unprepared for the knife
thrusts in his stomach and chest that posed an
imTT)ediatethreat and danger to his life. Under
this vicious attack, he had no choice but to
defend himself against his unknown assailant
and by the only means available to him. He
grabbed the knife from his maddened wife and
struck wildly at his would-be killer. He stabbed
blindly, thinking only to save his life even as it
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drained from the wounds he had sustained. If it
appeared later that he had wounded his wife no,
less than fifteen times, it was not because he
was a cruel and bloodthirsty killer. The· only
reason was that he was fighting desperately for
his very life and, animated only by his mortal fear
of his unknown aggressor and moved like a wild .
beast by the elemental instinct for survival, did
not know when to stop (People v. Agripa, G.R.
No. 72244, May 8, 1992).
2. Defense of Honor
It is evident that a woman who, imperiled,
wounds, nay kills the offender, should be
afforded _exemption from crim.inal liability
provided by this article and subsection since
such killing cannot be considered a crime from
the moment it became the only means left for her
to protect her honor from so great an outrage
(People v. Luague, G.R. No. .L-43588,
November 7, 1935 citing Viada).
Defense of Property
It can be invoked if there is an attack upon
pro rty although it is not coupled with an
cn;.P,,1•"'--··- 1 • n the person of the owner of the
· prem SJitAII the elements for justification must
however t>~present (People v. Narvaez, G.R.
Nos. L-/33#6§-67, April 20, 1983).
,:;. ❖,,
DefQhse:of ~ights
ft includes" clll civil, political and natural
righ i~n to those embraced in defense
of per "~1:'ropertyand honor, which other rights
i• are recognized and protected by law
!'~•:~'I!'~{
.:~Rf ~ALADO, supra at 50).
REQUISITES OF SELF-DEFENSE: (URL)
Anyone who acts in defense of his person or rights
do not incur criminal liability provided that the
following circumstances concur:
1. Y,nlawful aggression (condition sine qua non);
2. Reasonable necessity of the means employed
to prevent or repel it (if by a peace officer,
reasonable necessity of the means employed to
overcome opponent); and
3. ,back of sufficient provocation on the part of the
person defending himself (People v. Siega, G.R.
No. 213273, June 27, 2018).
REQUISITE 1:
UNLAWFUL AGGRESSION
It refers to "an actual physical assault, or at least a
threat to inflict real imminent injury, upon a person"
(People v. Siega, G.R. No. 213273, June 27, 2018).
Unlawful aggression must be real and imminent
Unlawful aggression, as an essential and primary
element of self-defense, must be real and imminent
YZCSG2VY
PN17C
and not merely speculative (People v. Ga/Janosa,
G.R. No. 219885, July 17, 2017).
Unlawful aggression must be actual, sudden and
unexpected
For unlawful aggression to be appreciated there.
must be an actual, sudden and unexpected attack or
imminent danger thereof, not merely a threatening or
intimidating attitude (People v. Endaya, G.R. No.
225745, February 28, 2018).
Without unlawful aggression, there can be no
justified killing in defense of oneself (People v.
Cosgafa, G.R. No. 218250, July 10, 2017).
Test for the presence of unlawful aggression
under the circumstances:
1. Whether the aggression from the victim put in
real peril the life or personal safety of the person
defending himself; and".,~•·
2. The peril must not be imagined or ar1,.,im~glnary
threat (People v. Cosgafa, G.R;<;t<Jo •. 2f8~§0,
July 10, 2017). J'' . >,
Unlawful aggression must be prf)'f~d·4st,m''9roef1'or
self-defense to be successfyfly:,pl~~d, fWheth~
complete or incomplete (Peog1e v. l=slobal,1G.R. No.
206292, October 11, 2017).i/ · :
< .(•· i ' .· ...
NOTE: A slap on the face is cori~e;lferedas unlawful
a~gr~ss_ionsi_nceth~ face f l?l~etts ~ P8f'.fOn~nd
his dignity. It 1sa s~nous ~e.r;soh_~ 1ttac~; ~ ra,pys1cal
assault, coupled with a w1llf\lli:liS9~ce; atid"it.
may,
therefore, be frequently regarded as..placing:ttj ,(eal
danger a person's dignity, rigft!s, and\afety lRug~ ·
v. People, G.R. No. 147789, Jl:J,;,,_uary 1~./004). · ···
'\<
Two Kinds of Unlawful Aggressio n: 0
1. Actual or Material · <, . •,
an attack with physica-1force''w 'with a
weapon, an offensive act that p·osltivelM,,. ' ~ainst said appellant, belied the latter's plea of self-
determines the intent of the aggressor to cause ·
the injury; and
2. Imminent
an attack that is impending or at the point of
happening; it must not consist in a mere
threatening attitude, nor must it be merely
imaginary, but must be offensive and positively
strong (Sombilon v. People, G.R. No. 177246,
, September 25, 2017).
Aggression must be unlawful
A reasonable force made by a police officer to arrest
a suspect is not an unlawful aggression since the
former is merely performing his duty (I
CAMPANILLA, Reviewer, supra at 209).
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CRIMINAL LAW I
Criminal Law
NOTE: A police officer who disobeyed a lawful order
by disregarding a warning shot and points his firearm
at the accused becomes an unlawful aggressor
(Nacnac v. People, G.R. No. 191913, March 21,
2012).
Aggression must be continuing
The unlawful aggression must be a continuing
circumstance or one existing at the time the defense
is made (Gotis v. People, G.R. No. 157201,
September 14, 2007).
When an unlawful aggression that has begun no
longer exists, the one who resorts to self-defense
has no right to kill or even . wound the former
aggressor (People v. Duran, Jr., G.R. No. 215748,
November 20, 2017).
To be sure, when the present victim no longer
· · -per~j~tedin his purpose or action to the extent that
tt;ie,,oBJ: of his attack was no longer in peril, there
.w~s ~6 1 . nlawful aggression that w9uld warrant
ieg~Fselft.c;l on the part of the offender (People
V. Tica;(;;.R.; ,. 'V2561, August 30, 2017),
.f ,"
h ..
·'S.-:,,_·%:::-,;
•. , ,.. ,~·: .,.. ,:,_)L \;;=;
Retalia\,ion'••t1ptls1Jf-defense
Self-defense ~ tdiff'erlipt from retaliation in a sense
Jb~tjn ..~taliatlpb,1 the; aggression initiated by the
victim had alread,i,<deased when the accused
~ttackecfhim. 0~ the.~t~er hand, in self-defense, the
aggresJlon frorrim~-~icJim is continuing {People v.
. Duran,'~t;/G.RJNo. 2J$748, November 20, 2017).
f
. ··/· ,',•::;.,~,:r·@):.
',' ; ,, '
N~t4! ~f vic¥tn's wqunds belies self-defense
At th~>neartt' of the -claim for self-defense is the
elefr,ent of/unlawful aggression committed by the
. ,ictim ~inst th~.,accused, which is the condition
slne;<{ti.p
ribn,JSlr:'~pholdingthe same as a justifying
:cirfu~l~oce✓ The physical evidence, showing that
~e,'·vi~Ym ,c✓did not commit unlawful aggression
defense. The deceased suffered multiple injuries
that led to his death. In addition,-the nature and
location of the victim's wound manifest appellant's
resolve to end the life of the victim, and not just to
defend himself (People v. Lopez, G.R. No. 232247,
April 23, 2018).
No unlawful aggression in agreeing to fight
When the accused accepts a challenge, the prior
aggression of his opponent cannot be considered
unlawful aggression. Thus, the claim of self-defense
cannot prosper (U.S. v. Cortes, G.R. No. 12564,
September 6, 1917).
When there is an agreement to fight, which is the
result of the provocation and an accepted challenge,
the aggression is reciprocal and legitimate as
between two opposing parties (People v. Marasigan,
G.R. No. 28593, March 13, 1928).
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MEK-Q~YAlD.
SM Seda Unive<sityCoUege of Law - RGCTSer Operation$Center
NOTE: But an aggression ahead of the stipulated
time and place of the mutual agreement to fight
would be unlawful (Justo v. Court of Appeals, G.R.
No. L-8611, June 28, 1956).
REQUISITE 2: REASONABLE
NECESSITY OF THE MEANS
EMPLOYED
This requisite presupposes the existence of unlawful
aggression, which is either imminent or actual
(REYES, Book One, supra at 187).
A threat to inflict real injury places us in imminent
danger. An actual physical assault places us in
actual danger. Hence the phrases used in the
provision is "to prevent" and "to repel" (Id.).
This requisite means that:
1. there is a necessity of the course of action taken
by the person making a necessity of the course ;...
of action taken by the person making a defen~F
and
2. there is a necessity oft.he means used.
Both of which must be reasonable (Id. 188).
Rational Equivalence ....
Reasonable necessity of the means eniJ}loyed does
not imply material commensurability .~tweenthe
means of attack and defense - wha.Uhe law1requires
is rational equivalence which i~ 9etermi(Wd by the
emergency the imminent dangef'.t,owhich(~persop
attacked is exposed, and the instinct, more Q:)ant~·
reason, that moves or impels tha/,@~t4~. The.
proportion thereof does not depend U.pqn thij,;harm
done, but rests upon the imminent dan;~r. df such
injury (People v. Gutual, G.R. Nq:s· 115~~;3;
February 22, 1996).
~ ,-
NOTE: A police officer, in the performance of his
duty, must stand his ground and cannot, like a
private individual, simply run away. His duty requires
him to overcome his opponent. Thus, the force he is
allowed .to exert may differ from that which may
ordinarily be offered in self-defense (Masipequifia v.
Court of Appeals, G.R. No. L-51206, August 25,
1989).
· Factors to consider whether or not the means
employed is reasonable and necessary:
1. The nature and quality of the weapon used by
the aggressor;
2. His physical condition, character, size and other
circumstances, and those of the person
defending himself, and
3. The place and occasion of the assault (U.S. v.
· Ah Chong, G.R. No. L-5272, March 19, 1910;
REYES, Book One, supra at 196).
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When the accused is suddenly attacked in his sleep,
in complete darkness, and in his paramount fear, he
struck wildly and blindly at his assailant who turned
out to be his wife who died of 15 wounds. His frenzy
was justified by the circumstance (People v. Agripa,
G.R. No. 72244, May 8, 1992).
However, when the accused uses a shotgun to
allegedly drive off unarmed persons aggressively
trespassing in and causing damage to tiis property,
the means taken was neither reasonable nor
necessary (People v. Narvaez, G.R. No. L-33466-
. 67, April 20, 1983).
In repelling or preventing an unlawful aggression,
the one defending must aim at his assailant, and not
indiscriminately fire his deadly weapon (REYES,
Book One, supra at 194).
Doctrine of Self-Help
It allows the owner or lawful possessor ofa thing to
exclude any person from the enjoyment and disposal
. thereof. For this purpose, he may use such force as
may be reasonably necessary to repel or prevent an
ual or th atened unlawful physical invasion or
is property (CIVIL CODE, Art. 429).
NOTE: The fi ·•.two requisites thus far explained are
common tOi' [\-defense, defense of relative, and
·defense ofstrJm~r. These three kinds of legitimate
defensesJ(:liff.r o~ly in the third requisite (REYES,
Book o ·, supra at 200). ·
REQU . LACK OF SUFFICIENT
PROVOCATION '
f sufficient provocation on the part of_ the
.iishows that there may have been
provocation but it should not be sufficient and it must
;... : : .,,
not immediately precede the act (BOADO, supra at
108).
When the -person defending himself from the attack
by another gave sufficient provocation to the latter,
the former is also to be blamed for having given
cause for the aggression (REYES, Book One, supra
at 201).
The provocation must be sufficient, which means
that it should be proportionate to the act of
aggression and adequate to stir the aggressor to its
commission (I CAMPANILLA, supra at 214).
This requisite is present when:
1. No provocation at all was given to the aggressor
by the person defending himself;
2. Even if a provocation was given, it was not
sufficient;
3. Even if the provocation was sufficient, it was not
given by the-person defending himself; or
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PN17C
4. Even if a provocation was given by the person
defending himself, it was not proximate and
immediate to the act of aggression (Cano v.
People, G.R. No. 155258, October 7, 2003).
Examples of when there is sufficient
provocation:
1. When one challenges the deceased to come out
of the house and engage in a fist fight with him
and prove he is a better man;
2. When on hurls insults or imputes to another the
utterance of vulgar language; and
3. When the accused tried to forcibly to kiss the
sister of the deceased (REYES, Book One,
supra at 202-203).
NOTE: As an element of self-defense, there must be
lack of sufficient provocation on the part of the
defender, as a mitigating circumstance, there must
be presence thereof on the part of the offended party
(BOADO, Compact Reviewer, supra at 67).
ANTI-VIOLENCE AGAINST WOPJlENANO T~EIR
CHILDREN ACT OF 2004 (R<!A'. N0.,9262,
APPROVED MARCtf Q, 2804} .....
Victim-survivors who are foul)d ·byth~>cou/ts to be
suffering from Battered Woman SJol::lromk do not
incur any criminal or civil liabflity not)Vithstat,ding the
absence of any of the el~inents for justifying
circumstances of self-defell,e und~r the RPC (R,A.
No. 9262, Sec. 26). · and' sometimes: death and the woman believes
Battery . . .
It is any act of inflicting physical hiarm upoil<the
woman or her child resulfing to :physic,al and
psychological or emotional distress (R:A. No: 9262,
Sec. 3(b)). " ", ··..·
Battered Woman Syndrome (BWSJ' . ,
It is a scientifically defined pattern of psychological
and behavioral symptoms found in women living in
battering relationships as a result of cumulative
abuse (R.A. No. 9262, Sec. 3(c)).
Only a certified psychologist or psychiatrist can
prove the existence of the Battered Woman
Syndrome in a woman (R.A. No. 9262, Sec. 6(2)).
Elements of the crime of violence against women
through harassment: (RAD)
1. The offender has or had a sexual or dating
Relationship with the offended woman;
2. The offender, by himself or through another,
commits an Act or series of acts of harassment
against the woman; and
3. The harassment alarms or causes substantial
emotional or psychological Qistress to her (Ang
v. Sagud, G.R.No. 182835,Aprll20, 2010).
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Elements of Self-Defense on Account of Battered
Woman Syndrome: (AF&HP)
1 . Each of the phases of the cycle of violence must
be proven to have characterized at least two
battering episodes between the appellant and
her intimate partner;
2. Final acute battering episode preceding the
killing of the batterer must have produced in the
battered person's mind an actual fear of an
imminent harm from her batterer and an
honest belief that she needed to use force in
order to save her life; and
3. At the time of the killing, the batterer must have
posed probable - not necessarily immediate
and actual - grave harm to the accused, based
on the history of violence perpetrated by the
former against the latter (People v. Genosa.
G.R. No. 135981 (Resolution), September 29,
2000).
\'Cyciih>f violence"
The BWS is <,haracterized by the so-called "cycle of
0
· v1ol~nce"; which. has three phases: (TAT)
1. TheJeJts,ion-building phase
- .,,whe,r.e r:nir'lQr battering occurs and the
1
woman· usl]a!lytries to pacify the batterer to
prevent escalaiion of violence;
2. The;Acute;.batte~ng incident
- .where tt,erEl iS. brutality, destructiveness,
it. is ftitife to fight back based on past painful
~xperiencet and. ,:
If TheTi:anquil, iloving {or at least, non-
. violent} pha~
· ,. Wh,ereth,e:batterer begs for her forgiveness
· aodJhe woman tries to convince herself that the
.qattery,will
never happen again (REYES, Book
Ope; supra at 205-206).
The existence of BWS in a relationship does not in
itself establish a legal right of a woman to kill her
partner. Evidence must still be considered in the
context of self-defense (Id.).
It is immaterial whether the relationship had ceased
for as long as there is sufficient evidence showing
the past or present existence of such relationship
between the offender and the victim when the
physical harm was committed (Dabalos v.
Quiambao, G.R. No. 193960, January 7, 2013).
Characteristics of BWS: (FIFI)
1. The woman believes that the violence was her
fault;
2. She has an !nability to place the responsibility
for the violence elsewhere;
3. She fears for her life and/or her children's life;
and
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MEK✓Q~Y AID
sanSeda University Coflege of Law - RGCT Bar Opemlions
4. She has an !rrational belief that the abuser is
omnipresent and omniscient (People v. Genosa,
G.R. No. 135981 (Resolution), September 29,
2000).
(Refer to Special Penal Laws in page 477 for
detailed discussion of R.A. No. 9262.)
PAR. 2. DEFENSE OF RELATIVES
BASIS: It is found not only upon a humanitarian
sentiment, but also upon the impulse of blood which
impels men to rush, on the occasion of great perils,
to the rescue of those close to them by ties of blood
(REYES, Book One, supra at 207).
Requisites of defense of relatives: (URN)
1. Y,nlawful aggression;
2. Reasonable necessity of the means employed
to prevent or repel it; and
3. In case the provocation was given by the person
attacked, the one making the defense had No
part therein (RPG, Art. 11(2)).
A father coming to the defense of his son, who was
provoked by the aggressor causing him to attack the . .
former, is not liable. The fact that the relative··
defended gave sufficient provocation is immaterial.
What is necessary for the appreciation of the
justifying circumstance is that the defender d.idnot in
any way participate in or induce the ,provocation of
the aggressor (REYES, Book One,supra at 211).
Relativ~s that can be defended: (SAO-BRO•
SAC4)
1. §.pause;
2. Ascendants;
3. Qescendants; .; .·.....
4. Legitimate, natural or adopted Brothers and
§.isters, or relatives by Affinity in· th~ same
degrees; and
5. Relatives by ~onsanguinity within the fourth (~ th )
civil degree (RPG, Art. 11(2)).
Death of one spouse does not terminate the
relationship by affinity established between the
surviving spouse and the blood relatives of the
deceased (Intestate Estate of Mano/ita Gonzales
Vda. De Carungcong v. People, G.R. No. 181409,
February 11, 2010).
There is no distinction in the Revised Penal Code
whether the descendant should be legitimate or
illegitimate; when the law does not distinguish the
courts cannot distinguish (REYES, Book One, supra
at 206-207).
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PAR. 3. DEFENSE OF STRANGER
BASIS: The ordinary person would not stand idly by
and see his companion killed without attempting to
save his life (Id. at 212).
Requisites of defense of stranger: (URI)
1. Y.nlawful aggression;
2. Reasonable necessity of the means employed
to prevent or repel it; and
3. The person defending was not ! nduced by
revenge, resentment or other evil motive
(Mariano v. People, G.R. No. 224102, July 26,
2017).
The person who defends another should not have
acted from an impulse of resentmel)t. Otherwise, this
justifying circumstance cannot be appreciated
(People v. Cabellon, G.R. No. L-29221, August 8,
1928).
Motive is relevant only in this kind of defense
(REYES, Book One, supra at 213).
ot included in the enumeration of
par. 2 of Art. 11. A person defending
his common ..,w spouse or adopted child will fall
under this par.igraph (REYES, Book One, supra at
213).
PAR. 4/A\IOIOANCE OF GREATER EVIL
OR ~~~'"'i'1;ii'\7• · ·
Requisimitcl:aVbfdance of greater evil or injury:
(EIP)
.Jhe evil sought to be avoided actually .5.xists;
"i•Jn,j,ury feared be greater than that done to
·····avtntfif!and
3. There is no other fractical and less harmful
means of preventing it (Id. at 214).
Art. 101 provides that in cases falling within
subdivision 4 of Art. 11, the persons for whose
benefit the harm has been prevented shaJIbe civilly
liable in proportion to the benefit which they may.
have received (BOADO, supra at 116). ·
The greater injury spoken of should not have been
brought about by the negligence or imprudence, ·
more so, the willful inaction of the actor ( Ty v.
People, G.R. No. 149275, September 27, 2004).
The term "damage to another" covers:
1. Injury to persons; and
2. Damage to property (Id. at 214).
Euthanasia
Euthanasia or mercy killing is condemned by law
although .the motive may be to spare a hopeless
patient from prolonged suffering. The killing could
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not be justified as avoidance of a greater evil since
ending the life of the patient is an evil greater than
his physical sufferings (I CAMPANILLA, Reviewer,
supra at 216-217).
STATE OF NECESSITY AND ACCIDENT,
DISTINGUISHED
State of Necessity Accilent
(Art. 11, Par, 4J /'Art. 12, Par. 4)
Offender deliberately Offender accidentally
caused damage. caused damage.
(REGALADO, supra at 57).
PAR. 5. FULFILLMENT OF DUTY OR
LAWFUL EXERCISE OF RIGHT OR
OFFICE
Requisites of fulfillment of duty or lawful
exercise of right or office: (PN)
1. The accused acted in the ferformance ofaduty
or in the lawful exercise of a right ot office; and
2. The injury caused or the offense .commjtte'd be
the .tfecessary consequence · ot• the, due ··
performance of duty or the J~wfyl exercise of
such right or office (People v: Qanis, .GR. No.
47722, July 27, 1943). t
A police officer is exempt fromliability when he shot,
and subsequently killed, the vjs:;tirrl'[Vhoput li!Pa fight
against the accused (Masipequifia v.. Oourt of
Appeals, G.R. No. L-51206, 'fwgusf,25, 1989).
In the absence of the second requisite,· t~
justification becomes incomplete therel'.,yconverting ·
it into a mitigating circumstance'under Art&,1·3and
69 (People v. Pinto Jr., G.R. No. L~39519,Ncivember
21, 1991).
The deceased who escaped from prison·· while
serving sentence was under the obligation to
surrender, and had no right, after evading the
service of his sentence to commit assault and
disobedience with a weapon on his hand, which
compelled the policeman to resort to such extreme
means, which although it proved to be fatal, was
justified by the circumstances (People v. Delima,
G.R. No. 18660, December 22, 1922).
The executor of death convicts at the Bilibid Prison
cannot be held liable for murder for the executions
performed by him because he was merely acting in
lawful exercise of his office (Id.).
The actual invasion of property may consist of a.
mere disturbance of possession or of a real
dispossession. If it is a mere disturbance of
possession, force may be used against it at any time
as long as it continues, even beyond the prescriptive
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period of forcible.entry. If the invasion consists of a
real dispossession, force to regain possession can
be used only immediately after the dispossession
(REYES, Book One, supra at 224).
Illustrations:
Q: A constructed a small house in a piece of land
which he believed to be a disposable public land. He
had been occupying the lbt for over a year. One day,
B came and claimed ownership over the land. B
proceeded in dismantling the house of A. The latter
pleaded B to stop but his plea fell on deaf ears.
Thereupon, A pulled B to. prevent him from further
dismantling the house. In the process, B fell on the
ground and suffered physical injuries. Is A liable for
the injuries sustained by B?
ANS: No, A is not liable. Under the law, he has the
right to employ reasonable force to prevent or repel
actufll or threatened assault on his property. His act
qf pullfng,,£3was reasonably necessary to protect his
possessory rights over his property (People v.
··Narvaez,' G.R.' Nos. L-33466-67, April 20, 1983).
., ', ,~
Q: Supp6s?Jn th(; s,ameproblem, A shot.a with his
A5 calil:~ergurrtnstead of pulling down B and B dies
as a result. WiJI:you,umswer be the same?
ANS: No. This tkn,eA4s;criminally liable for the death
of 8. HiS:act of spootin5/B to death is not reasonably
necessary .to pfeiJ(!Jffffpe invasion of his property
(ESTRADA, Book One, supra at 103).
PAR.: ·6. OBEDl'liNCE TO AN ORDER
ISSUED F'OR SOME LAWFUL PURPOSE
Requisites of obedience to an order issued for
' some lawf~I puff)ose: {SPM) ·
,1':· ~n ·qrder llas been issued by a §uperior;
2. $.uch prefer must be for some lawful furpose;
and · .
3. · The Means used by the subordinate to carry out
said order is lawful.
Par. 6 .presupposes that what was· obeyed by the
accused was a lawful order (REGALADO, supra at
58).
If the subordinate obeyed an order which is illegal
but is patently legal and he is not aware of its .
illegality, he is not liable because then, there would
only be a mistake of fact committed in good faith
(Tabuena v. Sandiganbayan, G.R. Nos. 103501-03
& 103507, February 17, 1997).
A soldier who acted upon the orders of superior
· officers, which he, as a military subordinate, could
not question, and obeyed the orders in good faith,
without being aware of its illegality, without any fault
or negligence on his part, is not liable because he
had no criminal intent and he was not negligent
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MEM:O~YAID
San Seda UniversityCollege of Law - RGCTBar Operations Center
(People v. Beronil/a, G.R. No. L-4445, February 28,
1955).
ARTICLE 12
EXEMPTING CIRCUMSTANCES ,
Exempting Circumstances
lmputability)
Those grounds which the law exempts the offender
from criminal liability, even if the act was criminal.
However, it does not relieve him of civil liability
except in par. 4 (accident) and par. 7 (insuperable
cause) where he is relieved of both civil and criminal
responsibility (BOADO, ,supra at 119).
There is a crime but the person who committed the
act is not subjected to criminal liability the burden of
proof lies with the defense (REYES, Book One,
supra at 228).
· BASIS: The exemption from punishment is based on
the complete absence or lack of intelligence, ·
freedom of action, or intent or on the absence of
negligence on the part of the accused (People v.
Malicdem, G.R. No. 184601, November 12, 2012).
A crime is committed but the actor incurs no criminal ·
liability because of the complete absence of the
conditions constittJting free will or ·voluntariness of
the act (People v. Malicdem, G.R. No. /184601,
November 12, 2012).
There are six exempting circumstances, to wit:
(IMACUL)
1. !mbecility or insanity;
2. Minority (as modified by R.A. No. 9344);
3. Accident without fault or intention ofcausing it;
4. ~ompulsion of irresistible force;
5. Impulse of Y,ncontrollable fear; and
6. Insuperable or ,bawful cause (RPG, Art. 12).
PAR. 1. IMBECILITY OR INSANITY
BASIS: Complete absence of intelligence. .
An imbecile or insane cannot distinguish right fron:i
wrong (Id. at 230).
Imbecility
It exists when a person, while of advanced age, has
a mental development comparable to that of children
between two (2) and seven (7) years of age (Id. at
226).
In exempting circumstance of imbecility, what is
important is the mental age of the accused. If the
mental age of the accused is two years, he is an
idiot; if seven years old, he is an imbecile (People v.
Butiong, G.R. No. 168932, October 9, 2011).
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Feeblemindedness is not imbecility
Feeblemindedness is not exempting because the
offender could distinguish right from wrong; but can
be considered as mitigating (People v. Formigones.
G.R. No. L-3246, November 29, 1950).
Insanity
(Non- Mere abnormality of the mental faculties will not
exclude imputability. The accused must be "so
insane as to be incapable of entertaining a criminal
intent." He must be deprived of reason and act
without the least discernment because there is a
complete absence of the power to discern or a total
deprivation of freedom of the will (People v. Pantoja,
G.R. No. 223114, November 29, 2017).
NOTE: An insane person is not so exempt if it can...
be shown that he acted during a lucid interval. But
an imbecile is exempt in all cases from criminal
liability (REYES, Book One, supra at 229).
ELEMENTS OF INSANITY: (CE)
For aqcused-appellant's defense of insanity to
prosper, two elements must concur:
fendant's insanity constitutes a
/deprivation of intellig~nce, reason, or
discernll')ljpt;
1
and
That syc~ insanity .5.xisted at the time of, or
immediately\preceding, the commission of the
crime /P~op~ v. Salvador, G.R. No. 223566,
June/27, io18(
;h j~y ; •w•'>';
Burde · s on the accused
Jurisprude ictates that every individual is
presumed to have acted with a complete grasp of
· mental faculties. Hence, a person who invokes
..ra defense has the burden of proving its
existence -(People v. Salvador, G.R. No. 223566,
June 27, 2018).
An accused invoking insanity admits having
committed the crime but claims that he or she is not
. guilty [thereof] because of insanity (People v. Dagsil,
G.R. No. 218945, December 13, 2017).
Since no man can know what goes on in the mind of
another, one's behavior and outward acts can only
be determined and judged by proof. Such proof may
take the form of opinion testimony by a witness who
is intimately acquainted with the accused or by a
witness who has rational basis to conclude that the
accused was insane based on the witness' own
perception of the accused; or by a witness who is
qualified as an expert, such as a psychiatrist (People
v. Pantoja, G.R. No. 223114, November 29, 2017).
Test of cognition commonly relied upon
Our case law shows common reliance on the test of
cognition (i.e. complete deprivation of intelligence in
committing the crime), rather than on the test of
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volition (i.e. total deprivation of freedom of the will), considered mitigating under Art. 13(9) if it diminishes
and has failed to turn up any case where an accused the exercise of his will power (People v. Tarnpus,
is exempted on the sole ground that he was totally G.R. No. L-54135, November 21, 1991).
deprived of the freedom of the will, i.e., without an
accompanying "complete deprivation of Somnambulism is embraced,by "insanity"
intelligence." This is expected, since a person's Somnambulism or sleepwalking must be clearly
volition naturally reaches out only towards that which proven to be considered as an exempting
is represented as desirable by his intelligence, circumstance under this Article (People v. Gimena,
whether that intelligence be diseased or health G.R. No. 181084, June 16, 2009).
(People v. Opuran, G.R. Nos. 147674-75, March 17,
2004). . Epilepsy may be covered by "insanity"
Epilepsy is not a pervading disease but a nervous
TIMING OF INSANITY AND ITS disorder. Hence, after a seizure, the victim is normal
EFFECTS . for all intents and purposes (People v. Teves, G.R
No. 97435, July 14, 1995). It may be covered by the
1TlimeWhen .Accused Effect on ©'riminal term insanity (REYES, Book One, supra at 235).
Suffers Insanity tiability
While Ciriaco Aguilar, as an epileptic, was
Immediately before or Exempt from liability susceptible to nervous ·attacks that may momentarily
at the precise moment (BOADO, supra at 123). deprive him of his mental faculties and ·Iead him to
commission of the unconsciously attempt to take his own life and the
crime lit/es of others, nevertheless, it has not been shown
:• \ . . . •.:·•· that tie was Linder the influence of an epileptic fit
After commIssIon of Proceedings Will- be beforel during, aridimmediately after the aggression
crime or during trial susp~hdect;a,ngaccµsed (People ·v: M;mca,fa.nd Aguilar, G.R. No. L-26361,
is c9mmitted ·fo a January 20,' ,1927),
ho~pitaf fut..mandatory
treatment 'Until he could Malignaht malaria causes insanity at times
understand the One who is suffering·Jrpm malignant malaria when
proceedings (I she wounded her husband who died as a
CAMPANILLA, consequence is Hidt Criminally liable because such
Reviewer, supraJit 226). illness affects the nervous system and causes
arnong others 'sQch complication as acute
After judgment or while ExecJtio~ of judgn,~t is
.mEµar'iCholiaapt! insanity at times (People v. Lacena,
serving sentence su'spended ..with regard
G.R..N,o. 469'51, Jantlary 15, 1940).
only.to perscu1alpenatty;
NOTE: If at any time the . accu~.d is "Crazy'.'.,fsnot S}'rionymous to "insane"
the convict shall committed to a hospitaf;
period . ·····of. Unusual behavjors such as smiling to oneself and
recover his reason, his The
sentence shall be confinement . 1
in
• the
calling a chicken late at night are not--proof of a
comptet~a6sence of intelligence, because not every
executed, unless the hospital is coLlnteg 'for
c;1berr8'Uonof the mind or mental deficiency
penalty shall have the purpose of tf'leo
constitutes insanity (People v. Mirafla, G.R. No.
prescribed under the prescription of the
219113, April 25, 2018).
RPC (BOADO, supra at penalty (Id.).
124).
The Supreme Court has held that "the .prevalent
meaning of the word 'crazy' is not synonymous with
Schizophrenia or Dementia Praecox the legal terms 'insane,' 'non compos mentis,'
Dementia Praecox is a form of psychosis where 'unsound mind,' 'idiot,' or 'lunatic.' A man may
homicidal attack is common, because of delusions behave in a crazy manner but it does not necessarily
that he is being interfered with sexually, or that his and conclusively prove that he is legally so." In order
property is being taken. During the period of to be exempt from criminal liability, the accused must
excitement, such person has no control of his acts, be so insane as to be incapable of criminal intent
the Supreme Court found that the accused was (People v. Mirafla, G.R. No. 219113, April 25, 2018).
demented when he committed the crime. Thus, the
court exempted him from criminal liability (People v. Pedophilia is not insanity
Bonoan, G.R. No. L-45130, February 17, 1937). Although one is diagnosed with pedophilia, which a
sexual disorder wherein one has strong, recurrent,
NOTE: Although schizophrenia is not exempting if it and uncontrollable sexual and physical fantasies of
does not completely deprive the offender of Jhe children, he can still distinguish between right.and
consciousness of his acts, it may nevertheless be wrong (People v. Diaz, G.R. No. 130210, December

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8, 1999). 3. Being abused by any person through sexual,

physical, psychological, mental, economic or
Amnesia is not proof of mental condition any other means and the parents or guardian
Amnesia, in and of itself, is no defense to a criminal refuse, are unwilling,. or unable to provide
charge unless it is shown by competent proof that protection for the child;
the accused did not know the nature and quality of 4. Being abandoned 'or neglected, and after
his action and that it was wrong. Failure to remember diligent search and inquiry, the parent or
is in itself no proof of the mental condition of the guardian cannot be found;
accused when the crime was performed (People v. 5. Living in situations of armed conflict;
Tabugoca, G.R. No. 125334, January 28, 1998). 6. Being a member ofa gang;
7. Being exploited including sexually or
PARS. 2 & 3. MINORITY economically;
(AS MODIFIED BY R.A. NO. 9344 AND 8. Being out of school; and
9. Being a street child (R.A. No. 9344, Sec. 4(d)).
R.A. NO. 10630)
BASIS: Complete absence or lack of intelligence. Bahay Pag-asa
(REYES, Book One, supra at 238). It is~a 24-hour child-caring institution established,
funded and managed by local government units and
R.A. No. 9344 has modified the following provisions licensed and/or accredited non-government
of the RPC: organizations providing short-term residential care
1. Art. 68(1) - repealed in effect because the minor for CICL who are above fifteen (15) but below
15 or below is now absolutely exempt from · eighteen (18) years of age who are awaiting court
criminal liability; , . ·. disposition of their cases or transfer to other
2. Art. 12(2) - the age of absolute criminal } 0,, agencies or jurisdiction (R.A. No. 9344, Sec. 4, as
irresponsibility is increased from 9 to 15; ·jr: f!{f)JJ,,nded
b~llA. No. 10630, Sec. 2).
3. Art. 12(3) - for ages 15 or under, they are not
only qualifiedly, but are now abs9Jutely
,--;
·.;.
,t::. ii
;:;r;;Jr::~:::¾~~:·:-:rrt?<:i~:i
·•.. The rrifnfmtlm\age for children committed to a youth
exempted from criminal liability (BOADO, care facility <Jr''.f3ahayPag-asa' shall be twelve (12)
Compact Reviewer, supra at 79). years old (/R.t,.('Jo. 9344, Sec. 20, as amended by
RA 10630~ S(te. 6). -
JUVENILE JUSTICE AND WELFARE ACT OF .
2006 (R.A. NO. 9344) as further amended by Diversion
R.A. No. 10630 An Act st,-ngthening:the It is ' ,;child-appropriate process of
·Juvenile Justice System in the Philippines,. determi sponsibility and treatment of a
approved October 3, 2013 CICL on the basis of his/her social, cultural,
In case of doubt, the provisions of this Act, including omic, psychological or educational background
its Implementing Rules and Regulations (lRR.s) shall "~prting ~o formal court proceedings (R.A.
be construed liberally in favor of the CICL' (R.A. f!e, 4; Sec. 4(i)).
9344, Sec. 3).
Diversion Program
DEFINITION OF TERMS It is the ·program that the CICL is required to undergo
Child after he/she is found responsible for an offense
He/She is a person under the age of eighteen (18) without resorting to formal court proceedings (R.A.
years (R.A. No. 9344, Sec. 4(c)). No. 9344, Sec. 4(j)).

Child in Conflict with the Law (CICL) Intervention

It refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under
· Philippine laws (R.A. No. 9344, Sec. 4(e)).
Child at Risk
A child who is vulnerable to and at the risk of
committing criminal offenses because of personal,
family and social ,circumstances such as, but not
limited to:
1. Coming from a dysfunctional or broken family or
without a parent or guardian;
2. Living in a community with a high level of
criminality or drug abuse;
It is a series of activities which are designed to
address issues that caused the child to commit an
offense. It may take the form of an .individualized
treatment program which may include counseling,
skills training, education, and other activities that will
enhance his/her psychological, emotional and
psycho-social well-being (R.A. No. 9344, Sec. 4(/)).
Status Offenses
Any conduct not considered an offense or not
penalized if committed by an adult shall not be
considered an offense and shall not be punished if
committed by a child (R.A. No. 9344, Sec. 57, as
amended by R.A. No. 10630, Sec. 11).

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Status offenses punishable by local government
ordinances include, among others, curfew violations,
truancy, parental disobedience, disorderly conduct,
anti-smoking laws, anti-drinking laws, mendicancy
and trespassing. Such ordinances shall provide for
intervention programs such as counseling (R.A. No.
9344, Sec. 57-A, as amended).
In the absence of these documents, age may be
based on information from the child himself/herself,
testimonies of other persons, the physical
appearance of the child and other relevant evidence
(R.A. No. 9344, Sec. 7; A:M. No. 02-1-18-SC, Sec.
5). In case of doubt as to the age of the child, it shall
be resolved in his/her favor (R.A. No. 9344, Sec. 7).

Discernment In determining the age for purposes of exemption

It is the mental capacity to understand the difference
between right and wrong, which may be proved by
evidence of physical appearance, attitude or
deportment, not only before and during the
commission of the act, but also after and even during
the trial (Llave v. People, G.R. No. 166040, April 26,
2006).
Discernment refers to moral significance the person
ascribes to the act While intent refers to the desired
act of the person (REYES, Book One, supra at ?40).
RULES ON EXEMPTION OF A,CHILCJ!:.
1.. A child fifteen ilfil years of age or under.aMtie
time of the commission of the offense•§hall be
exempt from criminal liability. Howeyer, the child
shall be subjected to an; intervention :'program
pursuant to Sec. 20. · ,. · ·
NOTE: A child is deeme,tUo..b13Jifteen(15) years
of age on the day of the fifteenth anniversary of
his/her birthdate. · to
from criminal liability, the law clearly refers to the age
as determined by the anniversary of one's birth date
and not the mental age as argued by the accused
(People v. Roxas, G.R. No. 200793, June 4, 2014).
Any person alleging the age of the CICL has the
burden of proving the age of such child (REYES,
Book One, supra at 241).
Any person contesting the age of the CICL may:
·a. Jf the case against the child has not yet been
, filed --; file a case in a summary proceeding for
the deter:mination of age prior to the filing of the
inforrnattonjn any appropriate court before the
Family CQurt:.
b: If a. ca~e hasb~.en filed against the CICL and is
pending {n the appropriate court - file a motion to
determine the ~ge of the child in the same court
where the <;;as.e is pending. Pending hearing on
the ,aid motion, -proceedings on the main case
shall be suspended,(A.M. No. 01-1-18-SC, Sec.
6 irlre/fjtion R.A,.No. 9344).

2. A child above fifteen (15j years' bot',below SUMM~RY ~F"~ULES

eighteen (18) years of 'age sh\all likewise'• be
exempt from criminal liabUity and'be subjected · .CORRE,,Sl>ONDfNGLIABILITY BASED
to an intervention program;, unless?belshe bas QN AGE AND DISCERNMENT
acted with discernment, in "Vhich c~se.,· such
child shall be subjected to the appic/f:triate Ageancl
Oriminal Liability
proceedings (diversion) in accordam:;e with R.A. Discernment
No. 10630 (R.A. No. 9344, Sec. 6, as arn.erilded
by Sec. 3 of R.A. No. 10630). · 15 or under,
Exempt but sha)I undergo
regardless of
intervention prograrn
The exemption from criminal liability herein discernment
established does not include exemption from civil
Above 15 but
liability, which shall be enforced in accordance with
below 18, Exempt but shall undergo
existing laws (R.A. No. 9344, Sec. 6, as amended by
without intervention program
Sec. 3 of R.A. No. 10630).
discernment
Once the child who is under eighteen (18) years of Above 15 but
age at the time of commission of the offense is found · Subj13ct to criminal liability but
below 18, with
guilty of the offense charged, the court shall shall undergo diversion program
discernment
determine and ascertain any civil liability which may
have resulted from the offense committees (R.A. No. At least 18 Subject to criminal liability
9344, Sec. 38).
(R.A. No. 9344, Sec. 6, as amended by Sec. 3 of
R.A. No. 10630).
DETERMINATION OF AGE
1. Child's birth certificate;
2. Baptismal certificate; or
3. Any other pertinent documents (Id. 241).

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1. Child who is 15 or under regardless of
discernment (Exempt; Intervention)
The authority which will have an initial contact
with tl:le child, in consultation with the local social
welfare and development officer (LSWDO), has
the duty to immediately release the child to the
custody of:·
a. His/her parents or guardian or in the
absence thereof, the child's nearest relative;
or
b. In case of the latter's refusal, or cannot be
located, the child may be released to:
i. Duly registered non-governmental or
religious organization;
ii. Barangay official or a member of the
Barangay Council for the Protection of
Children (BCPC);
iii. LSWDO upon refusal of the above-
mentioned; or
· ·iv. When and where appropriate, the
DSWD (Sec. 20, as amended by Sec. 6
of R.A. No. 10630).
Intervention Program
The child shall be subjected to a community-
based intervention program supervised by the
LSWDO, unless the best interest of the child
requires the referral of the child to a;youth care
facility or 'Bahay Pag-asa' managed.by LGUs or
licensed and/or accredited NGOs monitored by
the DSWD (R.A. No. 9344, Seo. 20).
NOTE: If the child has bee~foundby the
LSWDO to be dependent, abandoned,
neglected or abused by his/her parents and the
best interest of the child requires that he/she be
placed in a youth care facility or '&hay Pag-
asa ', the child's parents or guardians shall
execute a written authorization for thevoluntary
commitment of the child: Provided, That if the
child has no parents or guardians or if they
refuse or fail to execute the written authorization,
the proper petition for involuntary commitment
shall be immediately filed by the DSWD or the
LSWDO: Provided, furlher, that The minimum
age for children committed to a youth care
facility or 'Bahay Pag-asa' shall be twelve (12)
years old (R.A. No. 9344, Sec. 20, as amended
by RA 10630, Sec. 6).
Child Committing Serious Crimes
A child shall be deemed a neglected child
under PD 6Q3and shall be mandatorily placed
in a special facility within the Bahay Pag-asa
called the Intensive Juvenile Intervention and
Support Center (IJISC) if he/she is above twelve
(12) years of age up to fifteen (15) years of age
and commits: (KIMP- CAR 2 D)
1. Kidnapping and serious illegal detention
where the victim is killed or raped~
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2. !nfanticide;
3. Murder;
4. farricide;
5. ~arnapping where the driver or occupant is
killed or raped;
6. Destructive Arson;
7. Robbery with homicide or rape;
8. Rape; or
9. Qrugs offenses under the Comprehensive
Dangerous Drugs Act of 2002 (R.A. No.
9165) punishable by more than twelve (12)
years of imprisonment (Sec. 20-A, as
amended by Sec. 6 of R.A. No. 10630).
Repetition of Offenses by a Child
A child who is above twelve (12)_years of age up
to fifteen (15) years of age and who commits an
offense for the. second time or oftener and was
previously subjectec:1 to a community-based
intervention program, shall be deemed a
·neglected child and shall undergo an Intensive
Intervention Program supervised by the local
social welfare and development officer (Sec. 20-
8, as amended by R.A. No. 10630).
. :Iit\.~:·:tf19~;9ifMipn
of Children in Committing
· Crlmu: · "·
The ma~~m period of the penalty prescribed
by law toq:~ crime committed must be imposed
against any l'.')ersonwho, in the commission of a
crime: (MAPAyYI)
1. Make'' use;.
2: -- · tage of;
,: 3. the use of children;
... 4. ~buses his/her authority over the child;
Li,,;;>1:I5. With abuse of confidence, takes advantage
f,,a::;.;oftne vulnerabilities of the child; and
'>,\':;;;;
__
1\frtdbces,
::,rj;-;;\•<Ef: threatens or instigates the
commission of the crime (Sec. 20-C, as
amended by R.A. No. 10630).
Joint Parental Responsibility
The parents shall be liable. for damages unless
they prove, to the satisfaction of the court, that
they were exercising reasonable supervision
over the child at the time the child committed the
offense and exerted reasonable effort and
utmost diligence to· prevent or discourage the
child from committing another offense (Sec. 20-
D, as amended by R.A. No. 10630).
2. Child who .is above 15 but below 18
WITHOUT discernment (Exempt;
Intervention)
(same rules as No.1 above).
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3. Child who is above 15 but below 18 WITH
discernment (Exempt; Diversion)
Assessment of Discernment
The social worker shall conduct an initial
assessment to determine the appropriate
interventions and whether the child acted with
discernment, using the discernment assessment
tools developed by the DSWD (R.A. No. 9344,
Sec. 22,. as amended by Sec. 7 of R.A. No.
10630).
Discernment is that mental capacity of a minor
to fully appreciate the consequences of his
unlawful act. Such capacity may be known and
should be determined by taking into
consideration all the facts and circumstances
afforded by the records in each case. In this
particular case, the prosecution was able to
prove the presence of discernment (People, v.
Sis.racon, et al., G.R. No: 226494, Feurtlary14,
2018).
'\1hose s~nteqcs has been suspended and against
System of Diversion
CICL shall undergo diversiat1 . programs··· (see
Sec. 31 of R.A. No. 9344 f,dr,the kinds of
diversion programs) without undergoing court
proceedings subject to the fqltowing donditions
where the imposable penalty for the crime
committed: · '. , and theJudicial system.*
1. Not more than six (6)·yeafs imprisonment
a. There is a victim ...,·rtiediati6n, family
conferencing and dondiJiatiOtl 'Alitt, law
enforcement ~fficer ·· or · Purtong
Barangay with 'the al,sistance . of .
LSWDO or other members ofthe LCPC
. attended by the chilc:fand his/~ei;Jamity; ·
or
b. In victimless crimes - diversion and
rehabilitation program by the't:SWDO in
coordination with the BCPC attendeict by ..
the child and his/her family;
2. Exceeds six (6) years of imprisonment,
divE§'fsionmeasures may be resorted to only
by the court;
3. If the CICL does not qualify for diversion (i.e.
offense does not fall under any of the
above), or if the child and his/her family do
not consent to a diversion, or upon
consideration of the social worker and
determination of the prosecutor that
diversion is not appropriate, the prosecutor
shall conduct a preliminary investigation
and allege in the Information that the child
acted with discernment (R.A. No. 9344, Sec.
33 as amended by Sec. 8 of R.A. No.
10630).
4. Maximum penalty imposed by law for the
offense with which the CICL is charged is
imprisonment of not more than twelve
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CRIMINALLAW I .
Criminal Law
(12) years, regardless of the fine or fine
alone regardless of the amount, and
before arraignment of the ·c1cL, the court
shall determine whether or not diversion is
·appropriate (Sec. 37, R.A. No. 9344).
AUTOMATIC SUSPENSION OF
SENTENCE
A child under 18 at the time of commission of the
crime who is found guilty shall be placed under
suspended sentence without need of application
even if the child is already 18 or more at the time of
pronouncement of guilt, unless declared disqualified
under P.D. No. 603 (Declador v. Gufjaton, G.R. No.
159208, August 18, 2006).
The court shall impose the appropriate disposition
measures as provided in the Supreme Court Rule on
Juveniles in Conflict with the Law such as drug and
jlcbhottreatment (R.A. No. 9344, ~ec. 38).
Tne court sh·au dismiss the cases against the child
whom dis~osition measures have been issued (R.A.
No. 9"344,·sec.39),.
' ' :, ,'·"...-/ 0
NOTE: Only when th~~ is ( 1) refusal to be subjected
to reformation, or(2) when there is failure to reform
can the ;child b~ 's'ubje¢ted to criminal prosecution
• i
Judgment of ,(\cquittaf
The.,decision shall immediately take effect without
s~pensibn and the <fecision shall be promulgated
andpronoupfod.
REtlfRN,OFJ1iE CICL TO COURT
f6e CICL·sllall be brought before the court for
e)(ecutt9oofjudgment if the court finds that: (NF)
1: .',Ttte objective of the disposition measures
imposed upon the CICL has _tfot been fulfilled;
or
2. The CICL has willfully E. ailed to comply with the
conditions of his/her disposition or rehabilitation
program.
If said CICL has reached 18 years of age while under
suspended sentence, the court shall determine .
yvhether: (DEE)
1. To Q.ischarge the child;
2. To order Execution of sentence; or .
3. To Extend the suspended sentence for a certain
specified period or until the child reaches the
maximum age of twenty-one (21) years (R.A.
No. 9344, Sec. 40).
The CICL shall be credited in the services of his/her
sentence with the full time spent in actual
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commitment and detention under this Act (R.A. No.
9344, Sec. 41).
The court may, after it shall have convicted and
sentenced a CICL, and upon application at any time,
place the child on probation in lieu of service of
his/her sent~nce taking into account the best interest
of the child. For this purpose, Sec. 4 of the Probation
Law of 1976 (P.O. No. 968) is hereby amended
accordingly (R.A. No. 9344, Sec. 68).
OFFENSES NOT APPLICABLE
CHILDREN
Persons below 18 years of age shall be exempt from
prosecution for the crime of:
1. Vagrancy and Prostitution (RPG, Art. 202);
NOTE: Vagrancy has already been
decriminalized by R.A. No. 10158 effective
March 27, 2012.
2. Mendicancy .(P.O. No. 1563); and
3. Sniffing of Rugby (P.O. No. 1619).
Provided that said persons shall undergo
appropriate counseling and treatment program (R.A.
No. 9344, Sec. 58).
PAR. 4. ACCIDENT WITHOUT FAULT OR
INTENTION OF CAUSING IT
BASIS: Lack of negligence and intent (REYES,
Book One, supra at 247).
Accident
An accident is a fortuitous circumstance, event, or
happening; an event happening without ~ny human
agency, or if happening wholly or partly through
human agency, an event which urder .·•the
circumstance is unusual or unexpected by the
person to whom it represents (Nieva v. People, G.R.
No. 188751, November 16, 2016).
Elements of accident: (LDAW)
1. A person is performing a .bawful act;
2. With Que care;
3. He causes injury to another by mere ~ccident;
and
4. Without fault or intention of causing it (People v.
Fallorina, G.R. No. 137347, March 4, 2004).
The striking with the gun was a legitimate act of self-
defense and the striking could not have been done
in any other manner. The injury, therefore, that
resulted from the firing of the gun was caused by an
accident and without any fault or intention on the part
of the defendant in causing it, in accordance with
par. 4 of Art. 12 of the RPG (REYES, Book One,
supra at 243).
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Negligence
It is the failure to observe, for the protection of the
interest of another person, that degree of care,
precaution, and vigilance which the circumstances
justly demand without which such other person
suffers injury. Accident and negligence are
intrinsically contradictory; one cannot ·exist with the
other (People v. Fallorina, G.R. No. 137347, March
4, 2004).
PAR. 5. COMPULSION OF IRRESISTIBLE
TO FORCE
BASIS: Complete absence of freedom (REYES,
Book One, supra at 248).
Elements of irresistible force: (PIT)
1. That the acts were compelled by means of a
fhysical force
2. That such physical force must be !rresistible;
and
3. That such physical force must come from a !hird
person (RPG, Art. 12(5)).
The force contemplated must be so formidable as to
,J.l:lG,e the aotor to a mere instrument who acts not
. only witnQ\ift(will but against his will (People v.
Oequina, G.ffcNo. 177570, January 19, 2011).
The duress, force, fear, or intimidation must be
present, immtnent and impending and of such a
nature at to induc a well-grounded belief in death
·· ·· if the act is not done. A threat
enough. The compulsion must
be of such ·a
aracter as to leave no opportunity to
... the accused for escape or self-defense in equal
Uti~f;Uilt(People v. Lorena, G.R. No. L-54414, July 9,
j ; ,\;,ji§ttj),.i,
Passion and obfuscation cannot amount to
irresistible force (REYES, Book One, supra at 248).
The person who used the force or created the fear is
criminally and primarily civilly liable, but the accused
who performed the act involuntarily and under
duress is still secondarily liable (RPG, Art. 101).
PAR. 6. UNCONTROLLABLE FEAR
BASIS: Complete absence of freedom.
Actus me invito non est meus actus - An act done
by me against my will is not my act (REYES, Book
One, supra at 253).
Elements of uncontrollable fear: (URG)
1. The existence of an yncontrollable fear;
2. That the fear must beJ~eal and imminent; and
3. The fear of an injury is Greater than, or at least
equal to, that committed (People v. Anticamara,
G.R. No. 178771, June 8, 2011).
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Duress as a valid defense should be based on real,
imminent, or reasonable fear for one's life or limb
and should not be speculative, fanciful, or remote
fear (Manansala v. People, G.R. No. 215424,
December 9, 2015).
The compulsion must be of such character as to
leave no opportunity to the accused for escape or
self-defense in equal combat (People v. Baldogo,
G.R. Nos. 128106-07, January 24, 2003).
It must presuppose intimidation or threat, not force
or violence (REYES, Book One, supra at 253).
The source of the fear must be real and imminent
and such fear must render the actor immobile and
subject to the will of another, making the actor, for
that moment, an automaton without a will of his own.
In other words, in effect, he could not be any more
than a mere instrument acting involuntarily an
against his will. He is exempt frorn crim.irial !\ability
since, by reason of an unmistakable fear of bodily
harm, he was compelled to act against' h'.is will
(People v. Del Rosario, G.R. No1 127755, April 14,
1999). .. ..
IRRESISTIBLE FORCE AND
UNCONTROLLABLE FEAR,
DISTINGUISffEJ)
Irresistible Force Uncontrollable Fear
'Asto 0ffender's Act
It applies to felonies by omission (BOADO, supra at
143).
A priest cannot be compelled to disclose a
confession made to him in his professional character
(RULES OF COURT, Rule 130, Sec. 24(d),
Elements of insuperable cause: (RFI)
1. That an act is Required by law to be done;
2. That a person Eails to perform such act; and
3. That his failure to perform such act was due to
some lawful or !nsuperable cause.
Illustrations: In the case of U.S. v. Vicenti/lo (G.R.
No. 6082, March 18, 1911), the accused was
exempted from criminal liability for belay in the
delivery of detained persons to the proper judicial
authority (RPG, Art. 125) when he detained the
offended party for more than three days, contrary to
law, because to take him to the nearest justice of the
peace required a journey of at least three days by
b·oatand there was no other means of transportation
· available. ·
A mother, ;who w,as overcome by severe dizziness
1
and disoriehtedness from sudden massive loss of
blood, and hJd Jef(hi!Jrchild in a thicket where she
had unkhowingJygivenbirth while she was relieving
herself, resulting in the death of the infant, was not
held liable for ipfanticide because she had been
rendered physically atldmentally incapable of taking
the child to safety (People v. Bandian, G.R. No.
45186, Septembet'30, 1936).

Offender uses violence Offender employs

-ABSO"tUTORY CAUSES
or physical force to intimidation or threat in
compel another person compelling another to Those where the ~t committed is a crime but for
to commit a crime. · commit a crime1 reasons of public. policy and sentiment, there is no
penalty imposed (People v. Talisic, G.R. No. 97961
As to Whom the Act is Directed s:
"8epteh:itJe,r 1997).

Must have been made May be generated by a Exarn'ples of Absolutory Causes: (DELIMA 2 FT2 )
to operate directly upon threatened act directed 1. Spontaneous Qesistance in the attempted stage
the person of the to a 3rd person, e.g. the unless the overt act committed already
accused. · wife of the accused who constitutes a crime other than that intended (Art.
was kidnapped. 6(3)); ,
2. Death and slight or less serious physical injuries
As to the Act Feared inflicted under sxceptional circumstances (Art.
247);
The injury feared may The evil feared must be 3. Attempted or frustrated ,bight felonies except
be of a lesser degree greater or at least equal those against persons or property (Art. 7);
than the damage to the damage caused to 4. !nstigation by reason of public policy;
caused by the accused. avoid it. 5. Marriage of the offender and the offended party
(REYES, Book One, supra at 253). in cases of seduction, ·abduction, acts of
lasciviousness and rape (Art. 344);
PAR. 7. INSUPERABLE CAUSE 6. Accessories who are exempt from criminal
liability by reason or relationship (Art. 20) and in
BASIS: Lack of intent. Intent presupposes the
light felonies (Art. 16);
exercise of freedom and the use of intelligence (Id.
7. Adultery and concubinage if the offended party
at 255). shall have consented or pardoned the offenders
(Art. 344);

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8. Eorgiveness by the offended party in marital
rape (Art. 344);
9. Certain relatives exempt from criminal liability for
Iheft, swindling and malicious mischief (Art.
332); and
10. Irespass to dw_elling when the purpose of
entering another's dwelling against the latter's
will is to prevent some serious harm to himself,
the occupants of the dwelling or a third person,
or for the purpose of rendering some service to
humanity or justice, or when entering cafes,
taverns, inns and other public houses, while the
same are open (Art. 280, par. 3; BOADO, supra
at 97).
ENTRAPMENT AND INSTIGATION,
DISTINGUISHED
Entrapment Instigation
As to Nature
and the one induced are criminally liable for the
crime committed: the former, as principal by
inducement; and the latter, as principal by direct
participation (REYES, Book One, supra at 261).
Not Considered Absolutory Causes: .
1. Restitution of malversed funds immediately and
voluntarily made before the case was instituted
is not an absolutory cause (Navarro v. Meneses
JI/, CBD Adm; Case No. 313, January 30, 1998).
2. In the crime of theft, the return of the stolen
property does not relieve him of criminal
responsibility (I CAMPANILLA, Reviewer, supra
at 99).
3. The fact that accused abandoned the victim after
six days of captivity does not lessen his criminal
culpability much less exempt him from criminal
liability for the kidnapping and detention of the
victim (Id.).

Employment of ways Means luring the

and means in order to accused into a crime ·
CHAPTER THREE:
trap capture the that he, otherwise, had CIRCUMSTANCES WHICH
lawbreaker in the no intention to commit, >M;1'IGATE CRIMINAL
-execution of his criminal in order to pros~cute ii''.f, :t'. LIABILI1Y
plan (People v. Gayoso, him.
G.R. No. 206590, March (ART.13)
27, 2017).

As to Origin of Criminal Intent

MITlfi.AJ~.. .CUMSTANCES
Originates from the mind Originates · from the
of the accused and the inducer and nc,t from • Those ~;f:.'1/tle~ent in the commission of the
law enforcers merely the accused who.had crime, do not entirely free the actor from criminal
facilitate the no such intention:.·• and bj}ity, but serve only to reduce the penalty
apprehension of the would not · ····have ;~, Book One, supra at 263).
, , , / t;t~S>~
criminal through committed ifwere not
schemes. for the proddtng oHhe Mitigating circumstances only reduce the penalty
inducer. · ' provided by law, but do not change the nature of the
crime (Id.).
As to Criminal Liability
Mitigating circumstances show lesser perversity of
Does not bar ·Leads to the acquittal the offender and are considered to lower the penalty
prosecution and of the accused. imposable generally to the minimum period of the
conviction. penalty prescribed in the law. They are matters of
The law enforcers act defense which do not have to be alleged in the
as active co-principals. information (BOADO, Compact Reviewer, supra at
92).
Illustration
BASIS: They are based on the diminution of either
A, a PDEA agent, gave Leads to the acquittal freedom of action, intenigence, or intent, or on the
B, a suspected pusher, a of the accused. lesser perversity of the offender (REYES, Book One,
P100-bill and asked him supra at 263).
to buy some marijuana The law enforcers act
cigarettes. as active co-principals:
KINDS OF MITIGATING
(I CAMPANILLA, Reviewer, supra at 317). CIRCUMSTANCES
If the one who made the instigation is a private
1. Ordinary mitigating
lowers the penalty to the minimum period.
individual, not performing public function, both he
The penalty must be oivisible, for an indivisible

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CRIMINAL LAW I
CriminalLaw

penalty has no minimum, medium or maximum

Drdinary Mitigating Privileged Mitigating
period (BOADO, Compact Reviewer, supra at
93). circumstances and
absolutely no
2. Privileged mitigating aggravating
lowers the penalty prescribed by one or circumstance in which
more degrees, whether it be a divisible or case· the penalty is
indivisible penalty (Id.). lowered by one degree
only.
Privileged mitigating circumstances in
particular crimes: As to Kind of Penalty Affected
1. In Slight Illegal Detention, if the offender
shall voluntarily release the person so Not considered in the Considered whatever
kidnapped or detained within three (3) days determination of the penalty is imposable.
from commencement of the detention, proper penalty when the
without having attained the purpose penalty prescribed by
intended, and before the institution of law for the crime is a
criminal proceedings against him (RPG, Art. single indivisible penalty
268, par. 3). The penalty is one degree (Art. 63, Par. 1).
lower. · .(80AD9, Compact Reviewer, supra at 93-94) ..
2. In Adultery, if the person guilty of such crime
committed this offense while 'being
ARTICLE 13
abandoned without justificatic,n by. the
offended spouse (RPC,,f''Aft- 3,33,;"par. 3): ·NJliflGA
flNG CIRCUMSTANCES
The penalty is one degree low~r (~EYES,
Book One, supra at 265).. There ~re 10 mltigatjng circumstances:
(JALS-VOSc:.pfO)
3. Specific mitigating ; .. .1. Incomplete Ju'stifying or exempting
applies to a specific fe'9ny,; e.g.: circljmstances; .
a. Concealment of dishonor irl case of abortion 2. When offender i5: 9ver fifteen (15) but under
by the pregnant woman and could either be eig~teen (18)Y~ii;s of Age who acted with
ordinary or privileg~d d~pending 1,.1~nthe discernmenf or when he is over seventy (70)
extent of the redl/C!ipri: ::pf tf:te:penalty yearsold; · · ·
authorized by law (BOADO, supra at 145)- 3. back of intention 'to commit so grave a wrong as
b. Concealment of dishonor in case ot . that co,nrhitted;
.
infanticide - the only persons inwhosefa\lc)r
the mitigating circumstance may be
) .
4. §ufficient provocation or threat on the part of the
...offended party.;
considered are the ( 1) mother,. and (?) 5 .... ~indication .Pfa grave offense;
maternal grandparents, or either Qf them 6. Passjori or Oqfuscation;
(Art. 255, par. 2). ·· 7. Voluntary §urrender or voluntary £Onfession of
.,.~unt;
ORDINARY AND PRIVILEGED 8. fhysical defect of offender;
9. !llness of offender diminishing his willpower; and
MITIGATING CIRCUMSTANCE, 10. Other similar reasons or analogous
DISTINGUISHED circumstances (RPG, Art. 13).
Ordinary Mitigating Priv:ileged Mitigating
Art. 13 enumerates · ordinary mitigating
As to Susce1tibili~ of Being Offset circumstances. However, in case of:
1. Minority, it is never ordinary but is always
Can be offset with Cannot be offset with privileged mitigating if not altogether exempting.
generic aggravating any kind of aggravating 2. Incompleteness of the requisites to exempt from
circumstance. circumstance. criminal liability or justify the act becomes
P,rivileged mitigating · when majority of the
As to Effect on Penalty requisites are present under Art. 69(1) (BOADO,
Compact Reviewer, supra at 95).
Lowers the penalty Lowers the penalty by
prescribed to the one degree. NOTE: One and the same fact should not give credit
minimum period, except to more than one mitigating circumstance in favor of
where there are two the accused. For instance, passion, vindication of a
ordinary mitigating grave offense and provocation cannot co-exist if all

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are based upon the same fact, hence only one (Id.). In effect, there is a mitigating circumstance
circumstance should mitigate the criminal liability of because the penalty is lower than that provided
the offender (BOADO, Compact Reviewer, supra at for in intentional felonies (REYES, Book One,
94). supra at 274).

PAR. 1. INCOMPLETE JUSTIFYING 6. "Incomplete exempting circumstance of

OR EXEMPTING CIRCUMSTANCES uncontrollable fear"
This applies when not all the requisites necessary If only one of the two requisites are 1:>resent,
to justify the act or to exempt from criminal liability there is only a mitigating circumstance (Id.).
are attendant (RPG, Art. 13, par. 1).
PAR. 2. OVER 15 AND UNDER 18,
1. "lncompl_ete self-defense, defense of ACTING WITHOUT DISCERNMENT, OR
relatives, and defense of a stranger" OVER 70 YEARS OLD
Unlawful aggression is an indispensable A child fifteen (15) years of age or under at the time
requisite. When two of the three requisites of the commission of the offense shall be exempt
mentioned therein are present (i.e., unlawful from criminal liability. A child above fifteen (15) years
aggression and any one of the other two), the out below eighteen (18) years of age shall likewise
case should be considered a privileged be exempt from criminal liability, unless he/she acted
mitigating circumstance referred to in Art. 69 of with discernment (R.A. No. 9344, Sec. 6).
the RPC (REYES, Book One, supra at 269).
BASIS: Diminution of intelligence (REYES, Book
But if there is no unlawful aggression, there >l. One, supra at 280).
could be no self-defense, whether complete -or
incomplete (Id. at 270). · LEGALEFFECTS OF AGE OF THE
" ;{* OFFENDER
2. "Incomplete justifying circumstance of
avoidance of greater evil or injury'' Exempting (RPG, Art 12, Par. 2,
If any of the last two requisites is absent (i.e., as amended by R.A. No. 9344).
injury feared be greater than that to avoid it or
there be no other practical and· less· harmful Exempting, unless acted with
means of preventing it) (Id. af271). d~cernment. But even with
nment, penalty is reduced
ne (1) degree lower than that
3. "Incomplete justifying circumstance of
imposed (RPG, Art 68, par. 2, as
performance of duty"
amended by R.A. No. 9344).
In People v. Oanis, G.R. No. L-47722, July
27, 1943, where one of the two requisites
under par. 5 of Art. 11 was present, Art, 69
Sentence is suspended (RPG,
. (privileged mitigating circumstance). was
Art. 192, R.A. No. 9344 as
applied. The Supreme Court held thatthere
amended by R.A. No. 10630).
is no ordinary mitigating circumstance under
Art. 13, par. 1- when the justifying or
exempting circumstance has two requisites
only (Id. at 272). Full criminal responsibility
(ESTRADA, Book One, supra at
4. "Incomplete justifying circumstance of 121).
obedience to an order"
The order must always be from a superior Generally an ordinary mitigating
(Id. at 273). circumstance. Senility entitles the
convict to pardon under Art. 160,
5. "Incomplete exempting circumstance of unless he is a habitual delinquent
accident" or his conduct disqualifies him
The lawful act must be committed without (BOADO, Compact Reviewer,
dolo or culpa. If the act is committed with dolo, supra at 96).
the crime is intentional felony wherein the
penalty prescribed by law shall not be adjusted
(I CAMPANILLA, Reviewer, supra at 239).

If the act is committed with culpa, the penalty

prescribed under Art. 67 or 365 shall be imposed

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PAR. 3. NO INTENTION TO COMMIT
SO GRAVE A WRONG AS THAT
COMMITTED (PRAETER INTENTIONEM)
Praeter intentionem means unintentional and is
committed when an injury resulting from an act is
greater than the injury intended to be caused by the
offender (REYES, Book One, supra at 72).
BASIS: Diminution of intent (Id. at 288).
For purpose of appreciating the mitigating
circumstance of lack of intent to commit so grave a
wrong than that committed, intent to kill is not
conclusively presumed if the victim intentionally
injured by the offender died as a consequence (I
CAMPANILLA, Reviewer, supra at 242-243).
In crimes against persons, if the victim doe.snot die,
the absence of the intent to kill reduces the felony to
mere physical injuries. It is not considered as
mitigating. Mitigating only when the, victim ,,dies
(REYES, supra at 286).
Art 13, par. 3 addresses itself tgthe·,01te!}tion_,ofthe
offender at the particular rf'lomen(when fie ~xecutes
or commits the criminal act; not ,to· his 4ntention
during the planning stage (peop/f! v. ~arachico,
G.R. No. L-30849, March 29, 1982)f . . .........
. con~uct or idQf t~ victim adequate enough to
Praeter intentionem is obij3i~ing whe~ .t~re is a
notable disparity between the means ~'!1.P,1~¥~9 b,y
the accused to commit a wronir pJid ti)~ :re$ulting
crime committed (People \I. Mag/ian, · '.G:R'>,No.
189834, March 30, 2011). · ··· ' · ·
The brute force employed .by th~¾,,acc~d ..
completely contradicts the claim· that th,y'~haQ· rio '
intention to kill the victim (People v. GqracPiido,
No. L-30849, March 29, 1982). · ··,, ··
.,-,,:,;_<:'··~
<-:',~
When the means employed by the accused
adequate and proportionate to the result of the
crime, this circumstance cannot be availed of
(People. v. Sales, G.R. No. 177218, October 3,
2011). . made (REYES, Book One, supra at 289).
Intention may be ascertained by considering:
(WIMS)
1. The Weapon used;
2. The !njury inflicted;
3. The Manner it is inflicted; and
4. The part of the ~ody injured (REYES, Book One,
supra at 283-284).
When not available as mitigating circumstance:
1. Praeter intentionem is not applicable to felonies
by negligence (BOADO, supra at 149). The
reason is that in felonies through negligence, the
offender acts without intent. The intent in
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· CRIMINAL LAW I
Criminal Law
intentional felonies is replaced by negligence,
imprudence, lack of foresight or lack of skill in
culpable felonies (REYES, Book One, supra at
287);
2. Not available as defense in violation of the Anti-
Hazing Law (R.A. No. 8049, Sec . .4, par. 8).
Since the law is ma/um prohibitum, the intention
of the offender is immaterial; and
3. Cannot be appreciated in aberratio ictus and
error in personae because in these cases, there
is intent to commit the felony (I CAMPANILLA,
Reviewer, supra at 66-67).
PAR. 4. SUFFICIENT PROVOCATION OR
THREAT ON THE PART OF THE
OFFENDED PARTY
Provocation
It is any unjust or improper conduct or act of the
offended party, capable of exciting, inciting or
irritating anyone (REYES, Book One, supra at 289).
· · .BASIS: ~imirtution intelligence and intent (REYES,
Book-Orte,supra:;;)t 294).
Requisites':ot,provocation: (SOI)
1.; The;provocation must be ~ufficient;
Sufficient prc,v9cation is any unjust or improper
excite a petson to: commit a wrong; which is
• accordingly ;prof)C)rtjonatein gravity (People v.
Racal, G.R. No. 224886, September 4, 2017).
:n1.eJhreat$hould got be offensive and positively
strong. Otherwis1e·,the threat to inflict real injury
is an unlawful aggression, which may give rise
. to ~tf:defense · (US v. Guy-Sayco, G.R. No.
· :49f2, ffAarch25, 1909).
:~:,R:
· · Whef,hef or not the provocation is sufficient
··. depends upon:
a're a. The act constituting the provocation;
b. The social standing of the person provoked;
and
c. The place and time when the provocation is
2. It must Originate from the offended party (Id.);
and
If the accused was the one who provoked the
fight and challenged the deceased, it does not
constitute sufficient provocation (People v.
Siojo, G.R. No. 41746, March 27, 1935).
The liability of the accused is mitigated only
insofar as it concerns the harm inflicted upon the
person who made the provocation, but not with
regard to the other .victims who did not
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participate in the provocation (US v. Malabanan,
G.R. No. L-3964, November 26, 1907).
3. That the provocation must be !mmediate to the
act (REYES, Book One, supra at 289).
"Immediate" means that there is no interval bf
time between the provocation and the
commission of the crime (People v. R13cal,G.R.
No. 224886, September 4, 2017). · Although the crime committed was not so
PROVOCATION AS A REQUISITE OF
INCOMPLETE SELF-DEFENSE AND AS
A MITIGATING CIRCUMSTANCE,
DISTINGUISHED
As Requisite of As Mitigating
lm:omplete ~ incumstance
Self ..£>efense
It pertains to its It pertains to its
absence on the part of presence on the part of
the person defending the offended party.
himself.
(People v. Court of Appeals, G.R. No. 103613 &
105830, February 23, 2001).
PAR. 5. VINDICATION OF: GRAVE
OFFENSE
BASIS: Diminution of the conditions of voluntariness
(REYES, Book One, supra at 300).
Requisites of vindication: (GOP)
1. Victim committed a Grave offert'se;
It need not be a crime as the Word "offense"
may include any act or event which offends the
accused causing mental agony to him and
moves him to vindicate himself of such offense
(BOADO, supra at 150).
If the grave offense is committed by a third
person against the adopted brother of the
accused, vindication is not a mitigating
circumstance. To appreciate this circumstance,
the victim himself must commit the grave offense
(P~ople v. Dagatan, G.R. No. L-10851, August
28, 1959).
2. The grave offense was committed against
the Offender or his spouse, ascendants,
descendants, legitimate, illegitimate or
adopted brothers or sisters, or his relatives
by affinity within the same degrees (RPC, Art.
13[5]); and
It applies to grave offenses committed
against the surviving spouse of the deceased
relative. (Intestate Estate of Manolita Gonzales
Vda. De Carungcong v. People, G.R. No,
181409, February 11, 2010).
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3. The offender committed the crime in
froximate vindication of such grave offense
(I CAMPANILLA, Reviewer, supra at 245).
"Immediate" allows for a lapse of time as
long as the offender is still suffering from the
mental agony brought about by the offense to
him (ESTRADA, Book One, supra at 124).
immediate, it is still a mitigating circumstance
considering the gravity and the circumstances
under which the offense was inflicted (People v.
Parana, G.R. No. 45373, March 31, 1937).
Even if the lapse of time between the grave
offense and the vindication was three days,
there was no interruption from the time the
offense was committed to the vindication thereof
(People v. Diokno, G.R. No. 45100, October 26,
1936).
The benefit of immediate vindication of a grave
offense cannot be considered in favor or the
accused.when he had sufficient time to recover
>F""'·"··d·-,. (BOADO, supra at 150).
Factors considered to determine gravity of
offense in vindication:
1. Social.:standitig of the person;
2. Place( and ·
3. Time when the insult was made (REYES, Book
OilfJ,i~~M~J-
PAR. 6. PASSION OR
USCATION
assion or obfuscation when the crime was
committed due to an uncontrollable burst of passion
provoked by prior unjust or improper acts due to a
legitimate stimulus so powerful as to overcome
reason (People v. Danafrata, G.R. No. 143010,
September 30, 2003). •
BASIS: Diminution of intelligence and intent
(REYES, Book One, supra at 311).
Requisites of passion or obfuscation: (BFL)
1. There be an act, §.oth unlawful and sufficient
to produce such a condition (passion or
obfuscation) of the mind (People v. Comillo,
G.R. No. 186538, November 25, 2009).
This mitigating circumstance may be
appreciated even if the reported act causing the
obfuscation was not true, as long as it was
honestly and reasonably believed by the
accused to be true (Del Poso v. People, G.R.
No. 210810, December 7, 2016).
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CRIMINAL LAW I
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2. Said act which produced the obfuscation Passion and obfuscation cannot co-exist with:
was not far removed from the commission 1. • Vindication of grave offense
of the crime by a considerable length of time, The Supreme Court separately appreciated
during which the perpetrator might recover the mitigating circumstances of vindication of a
his normal equanimity (Del Poso v. People, grave offense and passion or obfuscation in
G.R. No. 210810, December 7, 2016); and favor of the accused in the same case when they
arise from different set of facts (People v.
3. The passion or obfuscation must arise from Diokno, G.R. No. 45100, October 26, 1936).
,bawful sentiments and not out of revenge
(Napone, Jr. v. People, G.R. No. 193085, 2. Evident premeditation
November 29, 2017). The essence of evident premeditation is that
The mitigating circumstance cannot be the execution of the _criminal act must be
considered in favor of an accused when the preceded by calm thought and reflection upon
relationship between him and the deceased is the resolution to carry out the criminal intent
illicit, · because the causes which mitigate during the space of time sufficient to arrive at a
criminal responsibility for the loss of self-control composed judgment (People v. Paga/, G.R. No.
are such which originate from legitimate L-32040, October 25, 1977).
feelings, and not those which arise from vicious,
unworthy and immoral passions (U.S. v. Hicks, 3. Treachery
G.R. No. 4971, September 23, 1909). Passion or obfuscation cannot co-exist with
. treac~ry, for while in the mitigating
PASSION, PROVOCATIO~;AND circumstance of passion or obfuscation the
VINDICATION, DISTINGOIS~eo. · ··offender loses his reason and self-control, in the
aggr<1vatfng· circumstance of treachery, the
Passion Provocation Vindication
mode of att~K must be consciously adopted
(People v. Domingo, G.R. No. 131817, August
As to Source of Mitigation
8, 2001).
Act on the part Provocative <'.3rave offense
of the offended act (which committed by PAR. 7. VOUJNTARY SURRENDER
which is need not be a the o;ffended AND .VOLU~TARt( CONFESSION OF
unlawful and grave offense) ; party ' ·against GUILJ
sufficient to of the offenqep Jhe ·. offel'.lder's
Two · mitigating· ·circumstances under this
excite passion/ party made relatives
paragraph:
obfuscation on directly only to mentioned by
the offender~ la1r,h
1. Voluntary surrender to a person in authority or
the offender.
,
his agents; andi
As to Interval of Time · 2. Voluntary confession of guilt before the court
, priqr fo the presentation of evidence for the
Commission of Provocation prosec□~ion.
crime need not must may ., be
be immediately immediately proximate, Effect if both mitigating circumstances are
preceded by precede the which requires present
unlawful or act, i.e., that that interval of If both are present, there will be two independent
unjust act; It is there be no time between ordinary mitigating circumstances. If any of them
only required interval of time the grave must mitigate the penalty to a certain extent, when
that . the between the offense and the both are present, they should produce this effect to
influence provocation commission of a greater extent (BOADO, supra at 156).
thereof_ lasts and the crime must
until the commission ·of not be BASIS: Lesser perversity of the offender (REYES,
moment the crime. sufficient for Book One, supra at 335).
crime is the latter to
committed. regain his VOLUNTARY SURRENDER
composure or . Requisitesof voluntarysurrender:(NAV)
his moral 1. The offender has Not actually been
equanimity. arrested (REYES,J3ook One, supra at 315);
(I CAMPANILLA, Reviewer, supra at 244-246). The mere filing of an information and/or
issuance of a warrant of arrest will not
automatically make the surrender involuntary.
Notwithstanding the pendency of a warrant for
his arrest, the accused may still be entitled to the

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mitigating circumstance in case he surrenders,
depending on the actual facts surrounding the
very act of giving himself up (De Vera v. De
Vera, G.R. No. 172832, April 7, 2009).
·The fact that the order of arrest has already been
issued is no bar in the consideration of the
circumstance because the law does not require
that surrender be prior the order of arrest (Rivera
v. Court of Appeals, G.R. No. 125867, May 31,
2000). . expense necessarily incurred in his search
2. The offender surrendered himself to a
person in Authority or to the latter's
agent (REYES, Book One, supra at 315);
Person in authority
He is one directly vested with jurisdiction which
is the power to govern and to execute the laws,
whether as an individual or as a member of
some court or governmental .corporation, board
or commission (RPG, Art. 152, as amended by
RA 1978).
Agent of a person in authority
He is one who, by direct provision of the law, or
by election, or by appointment by competent
authority, is charged with the maintenance of
public order and the protection ang security of
life and property and any person who comes to
the aid of persons in authority fRPC, Art {52, as
amended by RA 1978).
Teachers, professors and persons ch~rg,d with.
the supervision of public or duty· recognized
private schools, colleges and univefsitie$; shall
be deemed persons in authority (RPC, Art. 152,
:s,:':;q;;t,+f: natural impulse to admit the killing or to
·)t(,;t_;ist,;,Jr<1~.aye the police officers the effort and
1
" ?,<YAc,;?1:fiptmse
as amended by RA 1978).
The offender himself should surrender
If it was his superior who surrendered him to the
custody of the court, being restrained by his
superiors to stay within the camp without
submitting to the investigating authorities ·
concerned, is not tantamount to voluntary
surrender as contemplated by law (People v.
Acuram, G.R. No. 117954, April 27, 2000).
3. The surrender was ~oluntary (REYES,
Book One, supra at 315).
For surrender to be considered voluntary, it
requires the surrender to be spontaneous,
indicating the intent of the accused to
unconditionally submit himself to the authorities,
either because he acknowledges his guilt or he
wishes· to save them the trouble and expenses
necessary for his search and capture (People v,
Del Castillo, G.R. No . .,,169084, January 18,
2012).
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The accused must surrender by reason of the
commission of the crime for which he is charged
(People v. Semanada, G.R. No .. L-11361, May
26, 1958). .
Intent .of the accused to submit himself
unconditionally to the authorities must be either
because:
a. He acknow_ledgeshis guilt; or
b. He wishes to save them the trouble and
and capture (People v. Sakam, G.R. No.
41566, December 7, 1934).
Intention to surrender without actually
surrendering is not mitigating
Voluntary surrender, cannot be appreciated
where the evidence adduced shows that it was
the authorities who came looking for the
accused. It belies the claim of the accused that
he intended to submit himself to the authorities
(People v. Dawaton, G.R. No. 146247,
September 17, 2002).
That the,.accused surrendered because of fear
H'.'.sal does not detract from the
sp' · ··4y of the surrender and the fact that he
had savi~\the state of the time and trouble of
searching\f.Q,rhim (Pe,ople v. Amazan, G.R. No.
13625,1, January 16, 2001).
Ca "s NQT CO{IStitutingvoluntary surrender:
1. . · made after 14 days from the
llling · cannot be · considered
a voluntary since his act did not emanate from
that would be incurred in his search
and incarceration (People v. Agacer, G.R.
No. 177751, December 14, 2011);
2. Surrender is not voluntary where the
accused went to the Barangay Chairman
after the killings to seek protection against
retaliation of the victims' relatives, not to
admit his participation in the crime (People
v. Del Castillo, G.R. No. 169084, January
18, 2012);
3. When it was the police authorities who came
to the factory looking for accused, and when
accused was approached, he did not offer
any resistance and peacefully went with
them (People v. Flores, G.R. Nos. 103801-
02, October 19, 1994);
4: Going to the police station to make an
inquiry is not a mitigating circumstance of
voluntary surrender since he did not submit
himself to authorities to acknowledge his
guilt (People v. Verceles, G.R .. No. 130650,
September 10, 2002);
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5. Surrender of weapons used to commit the
crime to the authorities is not considered as
a mitigating circumstance analogous to
voluntary surrender (People v. Verges, G.R.
Nos. L-36882-84, July 24, 1981); and
6. Surrendering to a retired police officer who
was obviously already stripped of any
authority vested in him due to his retirement.
Upon his retirement, his status reverted to
that of an ordinary citizenlll (People v.
Berdandino, G.R. No. 239629 (Notice),
August 27, 2020).
VOLUNTARY CONFESSION
Requisites of voluntary confession: (SOP)
1. The offender .§pontaneously confessed
his guilt; . by special laws (REYES, Book One, supra at
2. The confession of guilt was made . i - ""'~g.
Open court, that is, before the co ent ,,, 1 : ~II;;--:':~f:
-court t11at· 1s to t ry th e · ··11a 1
\..j 1,IW
•. ' ~"""""'::::--------------
confession); and
An extrajudicial confessi
because it is not made in
must be one of original ·
must be made at the e rties
before the presentatio f ted person with physical
evidence (BOADO Co,rnt1::1a11"R•
100).
3. The confession of u1
to the presentation
prosecution (People v.
152289. January 14, 2
Even if during a ·gnmen
pleaded not guilty, he is e · ed to
Circumslance as long as with w
not ~ to the charge before
present his evidence (REYES, Book
at 329-330).
Plea of guilty made after arraignment and after
trial has begundoes not entitle accused to have
plea considered as mitigating circumstance
(People v. Lungbos, G.R. No. 57293, June 21,
1988).
Where in the originaUnformation the accused
pleaded not guilty, but he pleaded guilty to the
amended information, it is considered a
voluntary plea of guilty and considered a
mitigamg circumstance (People v. Ortiz, G.R.
No. L-19585, November 29, 1965).
The plea of guilty must be made at the first
oppotrluniy. Thus, plea of guilty in the CFI (now
RTC» in a case appealed from MTC is NOT
mitigamg (People v. Oandasan, G.R. No. L-
295312,,September28, 1968).
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An offer to enter a plea of guilty to a lesser
offense cannot be considered as a mitigating
circumstance because to be voluntary the plea
of guilty must be to the offense charged (People
v. Dawaton, G.R. No. 146247, September 17,
2002). . .
NOTE: Plea of guilty is not mitigating in cri.minal
negligence for the same is contrary to article
365, paragraph 5, of the Revised Penal Code,
as amended by Republic Act No. 384, which
provides that "In the imposition of these
penalties, the courts shall exercise their sound
discretion, without regard to the rules prescribed
in Article sixty-four." (People v. Agito, G.R. No.
L-12120, April 28, 1958) and in crimes punished
335). -
8. PHYSICAL DEFECT OF
cannot speak; a person \who is
ictionary).
ot distinguish between the
ne, supra at 336).
eedom of action, therefore
ss (Id.).
deaf and dumb, blind, or
some physical defect, it
of action, defense, or
rs (Id.).
~« n that such
. physical defect limited
act, defend himself or communicate
allow beings tb such an extent that he did
ave complete freedom of action, consequently
resulting in diminution of the element of-
voluntariness (People v. Deopante, G.R. No.
102772, October 30, 1996).
The physical defect must relate to the offense
committed. In other words, the defect or illness must
be a contributing factor to the commission of the
crime. Without such relation, the defect or illness
should not be considered e.g. blindness does not
mitigate estafa (BOADO,·supra at 155).
Illness must only diminish and not deprive th~
offender of the consciousness of his acts. Otherwise,
he will be exempted from criminal liability (People v.
Rafanan, G.R. No. 54135, November 21, 1991).
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PAR. 9. ILLNESS OF THE The act of the accused of placing a stolen cow
OFFENDER unconditionally in the custody of the authorities
and thus saved them the trouble of having to
Illness under this paragraph includes illness of the
recover the cow from him is similar to voluntary
mind not amounting to insanity (REYES, Book One, surrender (Canta v. People, G.R. No. 140937,
supra at 337).
February 28, 2001 );
BASIS: Diminution of intelligence and intent (Id. at
7. Extreme poverty and necessity
339).
similar to incomplete justification based on
necessity;
Illness must only diminish and not deprive the
·offender of the consciousness of his acts or he will
Extreme poverty, as similar to a state of
be exempt from criminal liability (BOADO, supra at
necessity, which may apply to aimes against
157).
property but not of violence, such as murder
(People v. Agustin, G.R. No. L-18368, March 31,
Requisites of Illness: (DNo)
1966).
1. The illness of the offender must Diminish the
exercise of his will-power; and -
2. Such illness should Not deprive the offender of 8. Testifying for the prosecution
consciousness of his acts (REYES, Book One, similar to plea of guilty (REYES, Book One,
supra at 337). supra at 341-342); and

Kleptomania, feeblemindedness, mistaken bel" · Restitution of missing funds in

that killing witches was for public good and illnes malversation
nerves or moral faculty may be considered analogous to voluntary plea of guilty
mitigating circumstances under this subparagr ' v. Sandiganbayan, G.R. No. 107383,
(Id. at 338). . 7, 1994).

PAR. 10. SIMILAR OR AN stances which arise ( 1) from the

s f the offender, (2) from his private
CIRCUMSTANCES th offended party, or (3} from any
The following analogous ca e shall only serve to mitigate the
considered mitigating: · cipals, accomplices, and
1. When the offender is m such circumstances are
with failing sight , Book One, supra at 343).
similar to offender is over
(REYES, Book One, supra at 33

2. When a debtor tried to evade 1. Mistake in the blow or aberratio ictus;

his debt which caused an 2. Mistake in the identity;
feeling on the part of the o 3. Entrapment;
creditor 4. Accused is over 18 years of age; and
similar to passion or obfuscation(/d.); 5. Performance of righteous action (REYES, Book
One, supra at 344).
3. Impulse of jealousy
similar to passion or obfuscation(ld. at 40);

4. Manifestation of battered wife syndrome CHAPTER FOUR:

similar to an illness that diminishes exercise CIRCUMSTANCES WHICH
of will power (People v. Genosa, G.R. No. AGGRAVATE CRIMINAL
135981, January 14, 2004);
LIABILI1Y
5. Esprit de corps
similar to passion or obfuscation (REYES,
Book One, supra at 340);
AGGRAVATING CIRCUMSTANCES
6. Voluntary restitution of stolen property Those which, if attendant in the commission of the ·
similar to voluntary surrender; crime, serve to increase the penalty without
however, exceeding the maximum of the penalty

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provided by law for the offense (REYES, Book One,
supra at 345).
The circumstances enumerated in Article 14 of the
RPC are generic aggravating circumstances. If
some of them are qualifying in particular crimes
(such as treachery and evident premedication in
murder), it is because the specific provision makes
them so. That is why when there are two
circumstances alleged to qualify the killing as
murder, the second circumstance becomes generic
for the purpose of imposing the penalty in the proper
period, as long as the second circumstance is found
in Article 14 (BOADO, supra at 163).
NOTE: Aggravating circumstances, regardless of
kind, should be specifically alleged in the information
and proved as fully as the crime itself in order to
increase the penalty (RULES OF COURT, RULE
110, Sec. 9).
The Rules now require qualifying ,,as. welt as
aggravating circumstances to b~.:ex13,ressly...and
specifically alleged in the Complaint or lnfgrrriation,
otherwise the same will not be considered .by the
court even if proved during, the
triat' (P.eople V,
Legaspi, G.R. Nos. 136164-65, April 20, 2001 ). If not.
alleged, they may nevertheless be cons!dereg _as
bases for the award of ~xemplary qamages,
conformably to current jutisprt.1d,nce (People v.
Evina, G.R. Nos. 124830-31, ;u(tej27, 2003).
BASIS: Greater perver~\ty . oh the:::o~nd~r
manifested in the commission of the felony a~ -shown
by:
1. The motivating power itself;,
2. The place of the commission;
3. The means and ways employea;
4. The time; or " .
5. The personal circumstances of the o{f~nder·, or
the offended party (REYES, Book One, SUf>(a9t
345).
KINDS OF AGGRAVATING
CIRCUMSTANCES:
1. Generic aggravating
those that can generally apply to all crimes.
When attendant, they increase the imposable
penalty to the maximum period of that which is
prescribed, except when offset by ordinary
mitigating circumstances (RPG, Arts. 63 & 64).
The following are . the generic aggravating
circumstances: (CARNAP-D-BUHUC)
a. £ontempt or insult of public auth9rity (par.
2);
b. Advantage be taken by the offender of his
public position (par. 1);
c. Recidivism (par. 9);
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CRIMINALLAW I
Criminal Law
d. Nighttime, uninhabited place, or band (par.
6);
e. Abuse of confidence or obvious
ungratefulness (par. 4);
f. flace and time of commission of offense
(par. 5);
g. Crime committed in the Qwelling of the
offended party (par. 3);
h. ~reaking of parts of the house (par. 19);
i. Y.nlawful entry_(par. 18);
j. .!:!.abituality(par. 10);
k. Y.se of persons under 15 years of age (par.
20); and
I. £raft, fraud, or disguise (par. 14; REYES,
Book One, supra at 345).
2. Specific aggravating
- apply only to particular classes of crimes.
Nevertheless, they are treated in the same
i:nanner as generic aggravating circumstances.
.. l;he ,folle>yving are the specific aggravating
<::irc4mstances:(RATC)
a. ,.Qisreoard,of Bank, age, or sex due the
. offended ..,.party applicable only in crimes
.against persons and honor (par. 3);
b. Abuse of superior strength or means be
...~mploy,ed toweaken the defense applicable
~nly in crimes against persons (par. 15);
c. j[reach8fY ~pplicable only in crimes against
xpersonsr(par. i16J);and
d. £ruelty in crimes against persons (par. 21)
'/Jl=YES, BookOne, supra at 345).
3 . Qualifymg aggtavating _
th,ose that change the nature of the crime
and' the designation of the offense and
, . ,,resultaritty iincrease the penalty to a higher
•··,, d,egree.. Jf cannot be. offset by any mitigating
. circumstance and must be proved as
cOnclusively as the guilt of the offender because
they are elements of the offense (BOADO, supra
at 162).
When there is more than one qualifying
aggravating circumstance present, one of them
will be appreciated as qualifying while the others
will be considered as having the effect ofa mere
generic aggravating circumstance (People v.
Fabros, G.R. No. 90603, October 19, 1992).
Circumstances which qualify the killing of a
person to murder: (TRIO-EC) ·
a. Ireachery, taking advantage of superior
strength, with aid of armed men, or
employing means to weaken the defense, or
of means or persons to insure or afford
impunity;
b. In consideration of a price, Reward or
promise;
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MEM:Q~YAID
San Seda UniversityCollege of Law - RGCTBar Operations Center

c. By means of Inundation, fire, poison, 5. Special aggravating

explosion·, shipwreck, strandin~ of a vessel, those which arise under special conditions
derailment or assault upon a railroad, fall of to increase the penalty of the offense and cannot
an airship, by means of motor vehicles, or be offset by mitigating circumstances.
with the use of any other means invelving
great waste and ruin; Some special aggravating circumstances are:
d. On Occasion of any of the calamities (CUTE~Q)
enumerated in the preceding paragraph, or a. &_omplexcrimes (RPG, Art. 48);
of an earthquake, eruption of a volcano, b. Y,se of unlicensed firearm
destructive cyclone, epidemic or any other i. When inherent in the crime (R.A.
public calamity; 10591);
e. With gvident premeditation; and ii. In the commission of brigandage (RPG,
f. With &_ruelty,by deliberately and inhumanly Art. 306, as amended by R.A. 12).
augmenting the suffering of the victim or c. Iaking advantage of public position (par. 1)
outraging or scoffing at his person or corpse and membership in an
(RPG, Art. 248). organized/syndicated c'rime group (RPG,
Art. 62, par. 1(a)J;
Circumstances which qualify the crime of d. grror in personae (RPG, Art. 49); and
theft: (DAO-MCF) e. Quasi-recidivism (RPG, Art. 160;
a. If the offender is a Qomestic servant; REGALADO, supra at 84).
b. If committed with grave Abuse of
confidence; GENERIC AND QUALIFYING
c. If committed on Qccasion of fire;
AGGRAVATING CIRCUMSTANCES,
earthquake, typhoon, volcanic eruption, or
any _other calamity, vehicular accident, or DISTINGUISHED
civil disturbance; Generic Qualifying
d. If the property stolen is a Motorvehicle, mail
matter or, large cattle; . As to Effect on Penalty:
e. If the property stolen consists of £oconuts
taken from the premises of a plahtatipn; and Increases the penalty Gives the crime its proper
f. If the property stolen are fish"products from , which shQuld0 be and exclusive name and
a fishpond or fishery (Art. 310 of the RPG, imposed upon . the places the author thereof
as amended by B.P. Blg:71). in such a situation as to
.maxim deserve no other penalty
4. Inherent aggravating without exceeding the than that· specially
those that must necessarily accompahy the prescribed by law prescribed by law for said
commission of the crime. Thus, they a+ern:>t
appreciated as aggravating cir¢µmstal')•
within the contemplation of Art. 14 anci are
treated as essential elements of the offense to May be offset by an Cannot be offset by a
which they form an integral part. Thus, they ordinary mitigating mitigating circumstance
generally do not serve to increase the penalty circumstance since it since it is considered an
(RPG, Art. 62(2)). is not an ingredient of ingredient of the crime
the crime
Some inherent aggravating circumstances are:
(IFBAD) As to Effect on Nature of the Crime
a. Ignominy in rape (RPG, Art. 266-A);
b. Fraud in estafa (RPG, Art. 315); Does not change the Changes the nature and
c. §reaking of a wall or unlawful entry into a nature of t_heoffense the name of the offense
house in robbery with the use of force upon
(REYES, Book One, supra at 346).
things (RPG, Art. 299);
d. Abuse of public position in malversation of·
public funds and property (RPG, Art. 217); RULES ON AGGRAVATING
and CIRCUMSTANCES
e. Qeceit in simple seduction (RPG, Art. 338; _1. Aggravating circumstances shall not be
ESTRADA, Book One, supra at 135). appreciated if:
a. They constitute a crime especially
punishable by law; or

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CRIMINAL LAW I
· Criminal Law

b. They are included by the law in defining a
crime and prescribing a penalty therefor
(ESTRADA, Book One, supra at 135).
2. The same rule shall apply with respect to any
aggravating circumstance inherent in the crime ·
to such a degree that it must of necessity
accompany the commission thereof (RPG, Art.
62, par. 2).
3. Aggravating circumstances shall only serve to
aggravate the liability of the principals,
accomplices and accessories as to whom such
circumstances are attendant even if there was
conspiracy (RPG, Art. 62, par. 3) when they
arise:
a. From the moral attributes of the offender;
b. From his private relations with the offended
party; or
c. From any personal cause.
BASIS: Greater perversity of the offender as shown
by: .
1. The means of personal circumstance of the
offender; or
2. The means used to secure the commission of
the crime (REYES, Book One, supra at 353).
TWO KINDS OF PUBLIC OFFICE
RELATED CRIMES:
1. Those in which public office is a constituent
element as defined by statute and the relation
between the crime and offense is such that, in a
legal sense, the offense committed cannot exist
wfthout the office; and
Public office is inherent in the case of
accessories under Art. 19, Par. 3 (harboring,
concealing, or assisting in the escape of the
principal of the crime), and in crimes <?Ommitted
officers (RPG, Arts. 204-245) .
'.bY~J2!Jblic
• ,,❖'t.,

4. The circumstances which consist)n·'t~, m~e,rial

execution of the act or in the ~a~ e~pl,~ ,'?,.:,, ~lie~ott~e~ or felonies ~hich are intimately
• '6Qn,tecte{I,,. 1th the pubhc office and are
to accomplish it, shall serv i'\Q _agg~te th~ ,
liability of those perso onw
:
rWljo• ttaa ..s;>~rf)eJrafed'. the public officer or employee
1
whlle in"'. mance of his official functions,
knowledge of them at the · ~·t,f tfie ~$cecution ·
of the act or their l coo tionJ therein
throygh r
r irregular conduct.
;
(ESTRADA, Book One, h112c~f 136-1Jn ..,,,,,,,,,,,,,
NO'tE: If office is an element of the
l *,,rr ?....
~,..e ,; . ....
, offe~se, as st kind·, it can no longer be
EXCEPTION: When th~re rpof of c~nspIr~cy
.· · conJ.idered ~ vating (BOADO, Compact
in which case the act of~. . teemecj-;to be the
act of all, regardless of '3ckof \nowl~~'°{ the..... ... R~.ff'?'lfBr,s. ~ra tlil 08).
facts constituting the clrourtist,nce .(~,
62, Par. (4)). ·i ./ · \ · · ·
Art. ·
PAR.·<2·.· JoN!l
MPT
4
OF OR WITH
·\ JN~Oi:tT{TH UBLIC AUTHORITIES
ARTICLE '·<14 "+ (Get:ieri9J·
AGGRAVATING CIRCUf(ISTA~(S.'L'l:< IIAS1$l,Greater rversity of the offender as shown
b.V"'f11i
)actf'
l1 (/~/"~:~·~,z~•v,.,,,,:·-=,·=-
\\,% respect for the public authorities
PAR. 1. TAKING ADVAN't:4lG"E1 0F · ;(Rlz.'!E~;-~ One, supra at 357).
·~ Ji: ·""''<:
..,.·'<.

PUBLIC POSITION (Special) ,,,:

..,..•,f:lut,1f~·Authority
Abuse of official posjtion is no,w a special
aggravating circumstance under Art. 62(1 )(a) of the
RPC (I GAMPANILLA, Reviewer, supra at 272).
Applicable only when the offender is a public-officer
who takes advantage of his public position.
(REYES, Book One, supra at 353).
As a means by which he realizes his purpose, the
public officer must use: (IPA)
1. !nfluence;
2. frestige; or
3. Ascendancy (Id.).
The essence of the matter is presented in the inquiry
"did the accused abuse his office in order to commit
the crime?" (U.S. v. Rodriguez, G.R. No. 6344(
March 21, 1991).
A public officer, sometimes also called a. person in
authority, is a public· officer who is directly vested
with jurisdiction, that is, a public officer who has the
power to govern and execute laws. The council.or,
the mayor, the governor, etc., are. persons in
authority. The barangay captain · and -barangay
chairman are also persons in authority (RPG, Art.
152 as amended by P.O. No. 1232; REYES, Book
One, supra at 358).
Requisites of contempt of public authority:
(ENKP)
1. The public authority is engaged in the
gxercise of his functions;
NOTE: A municipal mayor or barangay captain
is a person in authority or a public authority
(RPG, Art. 152, as amended). Art. 14, par. 2
does not apply when crime is committed in the

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MEM:0-:RY,AID
8an 8eda IJniversltyCollegeof I.aw- RGCT8ar Operatlons Center
presence of an agent of a person in authority
only (REYES, Book One, supra at 357).
Teachers or professors of a public or recognized
private school and lawyers are not "public
authorities" within the contemplation of this
paragraph. While he is a person in authority
under Art. 152, that status is only for purposes
of Art. 148 (direct assault) and Art. 152
(resistance and disobedience). There is nothing
in Art. 152 from which it can be conclHdedthat it
also applies to par. 2 of Art. 14 (People v. Tac-
an, G.R. No. 76338-39, February 26, 1990).
2. The public authority is Not the person
against whom the crime is committed;
NOTE: If the assault was committed against a
person in authority, who is engaged in the
performance of duty, the crime committed is
direct assault, whicJ! absorbs the circumstance
of contempt of public authority (RPG, Art. 148).
3. The offender Knows him to be a publlc:i
authority; and
NOTE: Knowledge that a public aµthority is
present is essential. Lack of such :knowledge
indicates lack of intention to insult,the public
authority (REYES, Book One, s · at
4. His fresence has n r:~vet\~d the
offender from commi the ·cr,minal
act (REYES, Book One, SUP~4tf.t360t'" .
PAR. 3~ INSULT OR IN DISRE($AAI) OF
THE RESPECT DUE THE O~FENQfiP
PARTY ON ACCOUNT OF HIS (1i RANK,
(2) AGE, (3) SEX (Specific); Aftf:J (4)
THAT IT BE COMMITTED IN THE
DWELLING OF THE OFFENDED PARTY,
IF THE LATTER HAS NOT GIVEN
PROVOCATION (Generic)
Separately or altogether
The four circumstances under this paragraph can be
considered single or altogether. If all of them are
present, they have the weight of one aggravating
circumstance only (REYES, Book One, supra at
360).
BASIS: Greater perversity of the offender as shown
by:
1. The personal circumstances of the offended
party;and
2. The place of the commission of the crime
(REYES, Book One supra at 360).
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A~ DISREGARD OF RANK, AGE, AND
SEX
This aggravating circumstance is taken into account
only in crimes against persons, honor or security.
The circumstance of rank, age or sex may be taken
into account only in crimes against persons or
honor, when in the commission of the crime, there is
some insult or disrespect to rank, age or sex (People
v. Paga/, No. L-32040, October 25, 1977).
Thus, it is not proper to consider this aggravating
circumstance in crimes against property. Robbery
with Homicide is primarily a crime against property
and not against persons. Homicide is a mere
incident of robbery, the latter being the main purpose
and object of the criminal (People v. Paga/, G.R No.
L- 32040, October 25, 1977).
It should be clearly demonstrated that the accused
deliberately intended to act with insult or in disregard
of the respect due the victim on account of rank
(People v. Verchez, G.R. Nos. 82729-32, June 15,
1994).
ended party
The designa .. or title of distinction used to fix the
relative posi,tf 11;;.af
the offended party in reference to
others (ESf~(M, Book One, supra at 141).
3•~J.. 4 @ \
There mJst bi a difference in the social condition of
the o " ' . ffended party (REYES, Book
One, s 2).
Age of the offended party
to both the elderly and the youth (I .
, Reviewer, supra at 262).
Sex of the offended party
Refers to the female sex, not to the male sex
(ESTRADA, Book One, supra at 141).
Killing a woman is not attended by this aggravating
circumstance. in the absence of evidence that the
accused·deliberately intended to offend or insult the
sex of the victim or showed manifest disrespect to
her womanhood (People v. Puno, No. L-33211, June
29, 1981).
Disregard of rank, age, or sex is NOT applicable
in the following cases:
1. When the offender acted with passion and
obfuscation (REYES, supra at 365);
2. When the condition of being a woman is
indispensable in the commission of the crime (e.g.
abduction, seduction and rape) (People v. Lopez,
G.R. No. L-14347, April 29, 1960); and
3. When no evidence that the accused deliberately
intended to offend or insult the age of the victim
(People v. Diaz, G.R. No. 24002, January 21, 1974).
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B. DWELLING
BASIS: It is considered an aggravating
circumstance primarily because of
the sanctity of privacy accorded to the human
abode. One's dwelling is a sanctuary worthy of
respect thus one who slanders anot~er in the latter's
house is more severely punished than one who
offends him elsewhere (People v. Kalipayan, G.R.
No. 229829, January 22, 2018).
He who goes to another's house to hurt him or do
hi_mwrong is more guilty than he who offends him
elsewhere (People v. Belo, G.R. No. 109148,
December 4, 1998).
What constitutes dwelling
It must be a building or structure, exclusively used
for rest and comfort. A "combinatiqn of a house and
a store" (People v. Magnaye, G.R. No. L-3510, May
30, 1951) or a market stall where the victim slepfis
not a dwelling (REYES, Book One, supra at 36,7).
The word dwelling includes every qependency ofttie
house that forms an integral part,thereofsuch as tbe
staircase of the house, its terrace ..anq enc!0sures
under the house (People v. Rios; Q/j: No.• 132632,
June 19, 2000).
It includes dependencies, f9ot6fJ~e staircase, and
enclosure under the house (U.S.y. Tapan, G.R. No.
6504, September 11, 1911);
Dwelling does not mean the perrharient residence or
domicile of the offended partj or thathe must be the
owner thereof. He must, howeyer, be actuaHy l~ving ..
or dwelling therein even for a temporary:Quration or
purpose (People v. Parazo, G.R. _No. 1211'7lJ,May
14, 1997). . .
Dwelling was also aggravating when a wom~m was
raped in her boarding house (People v. Daniel: G.R.
No. L-40330, November 20, 1978).
Dwelling was also held as an aggravating
circumstance when the deceased wa·s murdered in
the house at Franco Street in Tondo, which was one
of the two houses where the deceased used to live
and have his place of abode during his stay in Manila
(People v. Rodriguez, G.R. No. L-11948, May 30,
1958).
Requisites of the aggravating circumstance of
dwelling: (DINo)
1. Offender committed the crime in the
Dwelling of the offended party;
NOTE: It is not necessary that the accused
should have actually entered the dwelling of the
victim ta commit the offense. It is enough that the
victim was attacked inside his own abode,
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CRIMINAL LAW I
Crimir,1alLaw
· although the assailant might have devised
means to perpetrate the assault from the outside
(People v. Bagsit, G.R. No. 148877, August 19,
2003).
Even if the killing took place outside the dwelling,
it is aggravating provided that the commission of
the crime began in the dwelling (REYES, Book
One, supra at 370).
Although the triggerman fired the shot from
outside the house, his victim was inside. For this
circumstance to be considered it is not
necessary that the accused should have actually
entered the dwelling of the victim to commit the
offense; it is enough that the victim was attacked
inside his own house, although the assailant
may have devised means to perpetrate the
assault from without (People v. Sibbu, G.R. No.
214757, March 29, 2017).
2. Offender: !ntentionally and deliberately
.disr¢gard of the respect which the
· dwellingis -ntitled; and
3. The offended has Not given provocation
(I CAMPAtJIL.LA; Reviewer, supra at 263).
.NOTE: A cont3itiOn sine qua non of this
circµmstance JsJhatthe offended party has not
given provo¢ationto the offender. When it is the
· offer\de,d pc;lt"ty,yvhohas provoked the incident,
lite loses , his ·..right to the respect and
·consideration due:him in his own house (People
. v:Ambi$, G.R. N6. 46298, September 30, 1939).
. +
~ NQT aggravating in the following
..OwelJin(i' 6
. cas'as:,·······,
.. 1. Whenl)oth the offender and the offended party
a~.e>+<fccupants
of the same house (People v.
Caliso, G.R. No. 37271, July 1, 1933);
EXCEPTION: In case of adultery in the conjugal
dwelling, the same· is aggravating. However, if
the paramour also dwells in. the conjugal
dwelling, the applicable aggravating
circumstance is abuse of confidence (U.S. v.
Ibanez, G.R. No. 10672, October 26, 1915).
2. When robbery is committed by the use of force
upon things, dwelling is not aggravating
- because it is inherent (U.S. v. Gas, G.R. No.
5071, August 18, 1909);
But dwelling is aggravating in robbery with
,violence against or intimidation of persons
because this class of robbery can be committed
without the necessity of trespassing the sanctity
of the offended party's house (People v. Cabato,
G.R. No. L-37400, April 15, 1988).
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SanBeda University College of Law -
AID
RGCT Bar Operations Center

Dwelling is not inherent, hence aggravating, in c. Estafa by conversion or misappropriation

Robbery with Homicide since the author thereof (RPG, Art. 315); and
could have accomplished his heinous deed d. Malversation (RPG, Art. 217).
without having to violate the domicile of the
victim (People v. Mesias, G.R. No. 67823, July B. OBVIOUS UNGRATEFULNESS
9, 1991). The ungratefulness contemplated in Par. 4 must be
such obvious, clear, and manifest ingratitude on the
3. In the crime of trespass to dwelling, it is inherent part of the accused (ESTRADA, Book One, supra at
or included by law in defining the crime (REYES, 145). There must be evidence as to what
Book One, supra at 372); generosities and the extent thereof were received by
the accused from the victim (People vs. Badilla, G.R.
4. When the owner of the dwelling gave sufficient No. L-69317, May 21, 1990).
and immediate provocation (Id.); and
Requisites of obvious ungratefulness: (TAO)
5. When victim is not a dweller of the house (Id.). 1. The offend.ad party had !rusted the offender;
2. The offender Abused such trust by committing a
PAR. 4. (1) ABUSI; OF CONFIDENCE; OR crime against the offended party; and
(2) OBVIOUS UNGRATEFULNESS 3. The act be committed with Obvious
(Generic) ungratefulness.
Par. 4 provides two aggravating circumstances
which, if present in the same case, must be When obvious ungratefulness is present:
independently appreciated (REGALADO, supra at 1. When the accused killed his father-in-law in
91). whose house he lived and who partially
C\1 supported him (People v. Floresca, G.R. Nos. L-
However, there are occasions that their concepts are ' ltc;t,i+,,§614-1~j;tt,Aay 31, 1956); ·
intertwining. In a case where a houseboy was pnt' 1l~N.Nictim was suddenly attacked while in
treated like a member of the family . and was ·· the ad Qf:.iQivingthe assailants their bread and
completely trusted, both circumstance~ shall be coffee fQTibt:eakfast(People v. Bautista, G.R No.
treated as one (People v. Verdad, G.R 'No.JJ1707, L-38624, JLily25, 1975); and
May 16, 1983). 3. When,theacoused was living in the houseofthe
victim·who e ' loyed him as an overseer and in
Basis: Greater perversity of the offender a~shown ch ' · ry work, and had free access
to; e victim who was very kind to
by the means and ways employed (REYES, ·Book
One, supra at 375). . · ,, him, hi?' y, and who helped him solve his
problems (People v. Lupango, G.R. No. L-
2633, November 12, 1981).
A. ABUSE OF CONFIDENCE jt.,.>,
The confidence between the partie~f must .be ABUSE OF CONFIDENCE AND
immediate and personal as would give t~ ac9t-1sed
some advantage or make it easier for him to commit OBVIOUS UNGRATEFULNESS,
the criminal · act (People v. Arojado, G.R. No. DISTINGUISHED
130492, January 31, 2001). . Obvious
Abuse of Confidence Ungratefulness
It is not a mere betrayal of trust, since the offended
party must be the one who actually reposed his Taking advantage. of Commission of a crime
confidence in the offender. the confidence reposed instead of being grateful
by the victim on the to the generosities given
Requisites of abuse Qf confidence: (TAF) offender to facilitate the by the victim to the
1. The offended. party had !rusted the offender; commission of the offender.
2. The offender Abused ,such trust by committing a crime.
crime against the offended party; and
(I CAMPANILLA, Reviewer, supra at 291~292).
3. Abuse of confidence Facilitated the commission
of the crime (People v-:Luchico, G.R. No. 26170,
December 6, 1926).

NOTE: Abuse of confidence is inherent in:

(STEM)
a. Qualified .§.eduction(RPG, Art. 337).
b. Qualified !heft (RPG, Art. 310);

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PAR. 5. (1) IN THE PALACE OF THE ilaee of Insidethe Outsidethe

CHIEF EXECUTIVE; (2) IN HIS 0ommission Building Builairtg
PRESENCE; (3) WHERE PUBLJC
functions is not their duties" in the
AUTHORITIES ARE ENGAGED IN THE. discharge of
aggravating (I (People· v.
DISCHARGE OF THEIR DUTIES; OR (4) CAMPANILLA, Canoy, G.R. official duties (I
IN A PLACE DEDICATED TO RELIGIOUS Reviewer, No. L-6037, CAMPANILLA,
WORSHIP (Generic) supra at 258). September 30, Reviewer,
BASIS: Greater perversity of the offender as shown 1954). . supra at 258).
by the place of the commission of the crime, which
Place Aggravating, Not
must be respected (REYES, Book One, supra at
dedicated to even without aggravating,
378).
religious discharge of even if in the
worship religious presence of the
Palace of the Chief Executive
function or priest (Id.).
The commission of the crime is aggravating in view
NOTE: presence of
of the deliberate disregard of the respect due to the
Cemeteries the priest in
Palace that serves as the official residence and
are-not the church (/
place of work of the highest official in the land.
considered as CAMPANILLA,
· ·11>lace Reviewer,
The Chief Executive does not need to be in the
Malacariang Palace (AMURAO, Book Ont},' supra at dedicated to supra at 258).
~n- -~ . fhe worship of
God (REYES,
Book One,
Presence of the Chief Executive ·.·· . ·
His presence alone in any pla<;:ew.here the crime is supra ff 380)., 1
committed is enough to constitute the aggravating
Must I l;>e
circumstance, even if he is not engaged in the
discharge of his duties (REYf!S, SOOkOne, supra at . dedicated to
379). · , · public religious
worship;
private chapels
RULES ON THE APPt.lCATION·OF are not
ART. 14, P,AR..5 included (Id.).•
f?:laceof Inside the Outside the
Commission Building Building PAR. 6. (1) NIG_HTTIME (Generic); (2) IN
Palace of the Aggravating, even wi_thout AN l)N.INHAB(TED PLACE (Generic;
President discharge of ex~utive fun9tion · Special); OR (3) BY A BAND,
or presence of the ·Rresident in WHENEVER SUCH CIRCUMSTANCE ·
the Palace (I CAMPANILLA, MAY .FACILITATE THE COMMISSION OF
Reviewer, supra at 258).
·THE OFFENSE (Generic, Special)
Where public Aggravating. Not There are 3 aggravating circumstances in this
authorities are There must be aggravating. paragraph. When present in the same case a[ld their
engaged in the some . .element are distinctly palpable and can subsist
discharge of performance of independently, they shall be considered separately
their duties pt1blic duties NOTE: The (People v. Santos, G.R. No. L-4189, May 21, 1952).
(REYES, Book aggravating
One, supra at circumstance BASIS: The time and place of the commission of the
379). of contempt of cr_ime and means and ways employed (REYES,
public Book One, supra at 381).
NOTE: NOTE: An authority
Commission of electoral shall be Requisites of the aggrav~ting circumstance of
crime in the precinct during appreciated if nighttime; uninhabited place or band: (FET)
presence of election day is the crime is 1. It .E acilitated the commission of the crime
public a place "where committed in (objective);
authorities who public the presence of 2. ,!;,specially sought for by the offender to ensure
are not authorities are a public the commission of the crifT)e or for the purpose
engaged in engaged in the authority while of impunity (People v. Pardo, G.R. No. L-562,
official discharge of he is engaged November 19, 1947); or

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3. The offender Iook advantage thereof for the
purpose of impunity (U.S v. Billedo, G.R. No.
10883, December 20, 1915; REYES, Book One,
supra at 381). · if such circumstances have different factual bases
NOTE: "Impunity" means to prevent the accused
from being recognized, or to secure himself
against detection and punishment (People v.
Matbagon, G.R. No. 42165, November 12,
1934).
A. NIGHTTIME (NOCTURN/DAD)
That period of· darkness. beginning at end of dusk
and ending at dawn (REYES, Book One, supra at
385). Nights are from sunset to sunrise (CIVIL
CODE, Art. 13).
The crime must have begun and was accomplished
at nighttime. If one part of the crime was committed
during the daytime and another was done at night,
the aggravating circumstance of nighttime cannot be ,
·. considered (U.S. v. Dowdell, Jr., G.R. No. 4191, July ,,:, houses are scattered at a great distance from each
18, 1908). '·
Nighttime by and of itself is not aggravating
By and of itself, nighttime is not aggravating. It
becomes so only when it is especially so.,µQhtby the
offender or taken ·advantage by him to facilitate the
commission of the crime (objective test)or to,~nsure ·
his immunity from capture (subjective tsst) (People
v. Pasiliao, G.R. Nos. 98152-53, October 26, 1992).
The darkness of the night and not nighttime per se !s
important in appreciating it as ~11 aggfavatihg
circumstance (People v. Banhaon, GJt/l'Jo. 131117;
June 15, 2004).
This circumstance is not appreciated wh~h the pJa¢e
where the crime was committed is illurtiinilt~t;I by
light(People v. Espina, G.R. No. 123102,'February
29, 2000). · (People v. Arpa, G.R. No. L-26789, April 25, 1969).
Two tests in determining nocturnity:
1. Objective Test
Nighttime is aggravating because the
darkness facilitated the, commission of the
offense
2. Subjective Test
Nighttime is aggravating because the
darkness was purposely sought by the offender
(People v. Ventura, G. R. Nos. 148145-46, July
5, 2004). .
GENERAL RULE: Nighttime i,s absorbed in
treachery if it is part of the treacherous means to
insure execution of the crime (People v. Ong, G.R.
No.L-34497, January 30, 1975).
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EXCEPTION: Where both the treacherous mode of
attack and nocturnity were deliberately decided upon
in th§)same case, they can be considered separately
(ESTRADA, Book One, supra at 148).
In People v. Berdida (G.R. No. L-20183, June 30,
1966), the Supreme 'Court ruled that "inasmuch as
the treachery consisted in the fact that the victim's
hands were tied at the time they were beaten, the
circumstance of nighttime is not absorbed in
treachery, but can be perceived distinctly therefrom,
since the treachery rests upon an independent
factual basis. A special case therefore is present to
which the rule that nighttime is absorbed in treachery
does not apply."
B. UNINHABITED PLACE
(DESPOBLADO)
One where there are no houses at all; a place at a
considerable distance from town, or where the
t other (REYES, Book One, supra at 387).
' ::)ij\;•
., · J!t,:,;\:ilflinh d character of a place is determined
hof,,,ffil nee of the nearest house to the scene
of the crime ~ whether or not there was reasonable
possibility qf ~ victim receiving some help in the
place wher~ th~ crime was committed (People v.
Torres, G.R.ffo. 1{34766,January 16, 2004). A place
where tnere +are\no people or houses within a
· ers is uninhabited (People v.
10289, October 7, 1994).
must choose the place as an aid
to an easy and uninterrupted
ent of their criminal designs, or (2) to
insure concealment of the offense (People v.
Andaya, G.R. No. 'L-63862, July 31, 1987). Thus, it
cannot be applied in ·cases of chance encounters
C. BAND (CUADRILLA)
Band consists of more· than three (i.e. at least four
(4)) armed malefactors organized with the intention
of carrying out any unlawful design (People v. ·
Rob/ego, G.R. No. 89685, November8, 1993).
Whe·n the armed men met up casually with others,
and a crime was thereafter committed, it cannot be
considered as an aggravating circumstance
(REYES, Book One, supra at 390). '
The RPC does not define or require any particular
arms or weapons. Any weapon, by rea~on of its
intrinsic nature or the purpose for which it was used,
ts capable of inflicting serious or fatal injuries upon
the victim may be considered as arms for purposes
of the law on cuadrilla (People v. Lozano, G.R. Nos.
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137370-71, September 29, 2003). Arms may include
guns, revolvers, bolos, daggers, clubs, lantacas,
swords, rifles, lances, a small cannon and other
deadly weapons (AMURAO, Book One, supra at
523).
"Arms" may even refer to stone (People v. Manlolo,
G.R. No. 40778, January 26, 1989). •
Elements of a band:
1. There must be at least four malefactors;
2. At least four of them are armed; and
3. At least four of them took part or acted together
in the commission of crime as principals by
direct participation (People v. Lozano, G.R. Nos.
137370-71, September 29, 20Q3).
If conspiracy is proved, this aggravating
circumstance of cuadril/a can still be appreciated
because conspiracy is not an aggrav9ting
circumstance, but a means to commit a crjmEfi"hus,
one can not absorb the other (BOADO, supr§Jat 1U).
Band is inherent in brigandage. Thus, ii'cannot be
considered as an aggra'7ating c[rcum~ta·n9e. It is
similar to abuse of superior str,engthWbose essence
is the utilization of the combined strength of the
to
assailants to overpower the. viGtim consummate
the offense (BOADO, Compa9t·R~viewer,":supra qt
113).
NOTE: Band as a generic aimravatlng circurt)stance
applies to any crime; as a qualifying clrq.tn,\tance
under Arts. 295 and 296, it applies only to robbery
with unnecessary violence or physicafinjuries unqer
Art. 263, Pars. 2, 3, and 4 in relation to Art. 294,
Pars. 3, 4, and 5.
PAR. 7. OCCASION OF A in minor;<mpacityin the commission of the crime,
CONFLAGRATION, SHIPWRECK,
EARTHQUAKE, EPIDEMIC OR OTHER
CALAMITY OR MISFORTUNE (Generic;
Qualifying)
Under the principle of "ejusdem generis", where
general terms such as "other calamity or misfortune",
follow the enumeration of particular things, the
general term will include only those classes of things
or persons of the same class or nature as those
mentioned in the preceding enumeration (BOAOO,
supra at 178).
BASIS: The time of the commission of the crime
(REYES, Book One, supra at 392).
In the midst of a great calamity, the offender, instead
of lending aid to the afflicted; adds to their suffering
by taking advantage of their misfortune to despoil
them (U.S. v. Rodriguez, G.R. No. 6344, March 21,
1911).
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There should be specific facts or circumstances to
show that the accused deliberately sought any of
these occasions in order to facilitate the commission
of the crime or intentionally take advantage of any of
these occasions in committing the crime. (AMURAO,
Book One, supra at 527).
This aggravating circumstance may not be taken into
consideration for the purpose of increasing the
penalty if the accused did not take advantage of it
(REYES, Book One, supra at 392).
PAR. 8. AID OF (1) ARMED MEN; OR (2)
PERSONS WHO INSURE OR AFFORD
IMPUNITY (Generic; Qualifying)
The mere casual presence of armed men, more or
less numerous, near the place of tlJe occurrence
dqes not constitute an aggravating circumstance
when 1t appears that the defendant did not avail
hin:is~lfinJmy way of their aid, and did not knowingly
count uppn their assistance in the commission of the
crime (U.S. v. Abaigar, G.R. No. 1255, August 17,
1903).
BASIS:· Means and ~ays of committing th~ crime
(REYES; Book One, st1pra at 393).
.. . , '
A.ARMED MEN
Persons: equipped· wit~ a weapon (Black's Law
Dictionary).
"Aid of armed men~ includes "armed women"
(People v. Utop, G.Ff No. L-6061, April 29, 1954).
Requisites of aid of armed men: (TAR)
1. ·The armed ,men are accomplices who Iook part
directly or indirectly; and
2. The accused Availed himself of their aid or
,Belied upon them when the crime was
committed (People v. Lozano, G.R. Nos.
137370-71; September 29, 2003).
NOTE: Aid of armed men is present even if one of
the principal offenders merely relied on their aid;
actual aid is not necessary (REYES, Book One,
supra at 394-395).
Mere moral or psychological aid or reliance is
. sufficient to constitute this aggravating circumstance
(AMURAO, Book One, supra at 528).
Aid of armed men NOT considered:
1. When both the attacking party and the party
'attacked were equally armed; and
2. When the accused as well as those who
cooperated with him in the commission of the
crime acted under the same plan and for the
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same purpose (REYES, Book One, supra at FOUR FORMS OF REPETITION

394).
When the offender has been
NOTE: Aid of armed men cannot be appreciated previously convicted by final
when there is conspiracy because the armed men in judgment and before serving
Par. 8 are mere accomplices, and .in conspiracy, all such sentence, or while
are principals (BOADO, supra at 179). serving the same, he
committed a felony,
AID OF ARMED MEN AND BY A BAND, Where a person, on separate
DISTINGUISHED occasions, is convicted of two
By a Band Aid of Armed Men offenses embraced in the
same title in the RPC.
As to Numberc,f Armed Men
When a person, at the time of
At least four At least two his trial for one crime, shall
have been previously
NOTE: If there· are four convicted by final judgment of
· armed men, aid of armed another crime embraced in the
men is absorbed in same title of the RPC.
employment of a band. If
there are three armed Where the offender has been
men or less, aid of armed previously punished_ for an
men may be the ~.. offense to which the law ·
- aggravating attaches an equal or greater
circumstance (REYES, penalty or· for two crimes to
Book O_ne,supra at 3JJ5). which it attaches a lighter
-penalty.
As to their degree of J;larticipation
When the offender has been
Must all be principals The men act as previously punished . (has
by direct accomplices only. They served sentence). The first
participation who must not act in the same offense was punished with an
acted together in the purpose as .the principal equal or greater penalty; or he
execution of the acts accused, otherwise they committed two or more crimes
constituting the crime are to be regarded as co- previously where he was
(People v. Lozano, principals or co- meted lighter penalty.
G.R. Nos. 137370-71, conspirators (People v.
September 29, 2003). Enoja, G.R. /'Jo. 204894, Where a person within a
March 10, 2014). period of ten (10) years from
the date of his release or last
(I CA.MPANILLA, Reviewer, supra at 274 and 276).
conviction of the crimes of
serious or less · serious
B. PERSONS WHO INSURE OR AFFORD physical injuries, robbery,
IMPUNITY theft, estafa or falsification, is
Offender purposely sought or consciously relied found guilty of the said crimes
upon persons to secure him against detection and a third time or oftener.
punishment Said persons are not required to be
armed (Id.). When a person, within a period
of ten (10) years from the date
PAR. 9. RECIDIVISM OR RE/NC/DENC/A of his release or last conviction
of the crimes of Falsification,
(Generic)
Robbery, Estafa, Theft,
Recidivist Serious or Less Serious
He is one who, at the time of his trial for one crime, Physical Injuries (FRETSel), is
shall have been previously convicted by final found guilty of any of the said
judgment of another crime embraced in the same crimes a third time qr oftener.
title of the RPC (People v. Escarda, et.al, G.R. No.
120548, October 26, 2001). (BOADO, Compact Reviewer, supra at 114-116).

NOTE: Habitual Delinquency does not apply to

violations of Special Penal Laws. Thus, a habitual

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dangerous drug violator can never be a habitual
delinquent (Id. at 117).
In Quasi-Recidivism, the first crime may be a felony
or an offense, but the second MUST be a felony. If
the first crime is a felony, it is not necessary that the
second felony be the same as the first (Id. at 118).
4, The offender ,,is Convicted of the new
offense (REYES, Book One, supra at 396).
There is no recidivism if the subsequent
conviction is for an offense that was actually
committed before the offense involved in the
prior conviction (People v. Baldera, G.R. No. L-
239Q Aprll 24, 1950).

NOTE: A recidivist is entitled to the benefits of the RULES AND EFFECTS OF REGIDIVISM
Indeterminate Sentence Law (Act No. 4103, as
'amended by Act No. 4225) but is disqualified from Rules Effects
availing credit of his preventive imprisonment (R.A.
No. 10592, Sec. 1). Both offenses Considered only as one, hence,
were they cannot be separately
BASIS: Greater perversity of the offender, as shown committed on counted in order to constitute
by his inclination to crimes (REYES, Book One, the same date recidivism (Galang v. People,
supra at 395). G.R. No. L-45698, December
18, 1937).
Requisites of recidivism: (TPSC)
Judgments of Considered as only one
1. The offender is on !rial for an offen_!if~i"#' conviction conviction (RE~ALADO, supra
- What is controlling is the time of ~is'tr't~I,not , , handed on the at 99).
the time of the commission of th~,J,f'lintt ll is;pot · ..'. same
required that at the time of the commissiorr ot.the ,. . day.,
. ...
.
" f'
crime, the accused should hc1)te;p~en'l:?rsviously . As a generic ~ffects only the periods of a
convicted by final judgmerit,of"an'.(1ther,crime aggravating . • p\nalty, except Art. 202 and P.O.
(REYES, Book One, suprlat$'96)l . ·~-,,,.,.,

In recidivism, it is sufficient t~a~the sl{Cceading..

offense be committed tftedh~ comn'!lissiQnof
,, mcr$ses
",r~
circumstance / , 16tt,.2(which repealed Art. 192 of
\RPC) wherein re?idivism
the penalties by
det,r4es. No other generic
the preceding offense prov1de\11 that a\ the tin1El •. ,a,ggtavating circumstance
of his trial for the secoetd-0ffe~se, the'accused ! produces this effect (Id. at 98).
had already been convicted of1the fir~-offense.. . .·. ' .
(People V., Lagarto, G.R Mo, ~,658'J:t /A;:,y 6, Bas,ed on the 'rl<'..'\Jm
still be appreciated.
1991). . ..·· t. . ·. ' • \,
safne , However, it will affect only the
,. .: '
oon~iction, ,,the p~_l!ialtyfor the crime, but cannot
2. He was freviously ~o,-.vict~'d.,. by';fi~I .. accused is·also ~e
used Jo determine the period
judgment of another criri\e; ''<%., ·.a .>habitual <>f the additional penalty for
.: "Final judgment" means it.is, 'exe~vtQ!1: •i,e,i ··•··•···d~.Cl~enf·
. habitual delinquency (Id.).
' • f/ \ .••••
any of the following is present: '\,,, · '1 } . 1

1. When fifteen (15) days elapsed Jic>ni its . ·AcC:Ust:id is He should, be considered as a
promulgation without the convict appeanng .... ..tiottr''' a quasi-recidivist since such a
the conviction; recidivist and a circumstance cannot be offset by
2. Offender started serving sentence quasi-recidivist an ordinary mitigating
3. He expressly waived his right to appeal; or on his circumstance, which is an
4. He applied for probation (BOADO Compact subsequent appropriate response to the
Reviewer, supra at 115). conviction. perversity exhibited by the
accused (Id. at 99).
3. Both the first and the second offenses
are embraced in the §ame title of the Effect of Pardon and Amnesty on Recidivism
Code; and Even if the accused was granted a pardon for the
Recidivism must be taken into account no first offense, but he commits another felony
matter how many years have intervened embraced in the same title of the Code, the first
between the first and second felonies (People v. conviction is still counted to make him a recidivist,
Jaranilla, G.R. No. L-28547, February 22, 1974). since pardon does not obliterate the fact of his prior
conviction (U.S. v. Sotelo, G.R. No. 9791, October 3,
1914; People v. Lacao, Sr., G.R. No, 95320,
- September 4, 1991).

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The rule is different in the case of amnesty which REITERAC/ON AND RECIDIVISM,
theoretically considers the previous transgressions DISTINGUISHED
as not punishable (REGALADO, supra at 99).
Reiteracion Rec.i<:livism
PAR. 10. REITERACION OR (Art, f4, 'iPcar,
1i) (Art. 14, 'f!l/8JJ.9)
HABITUALITY (Generic) As to the First Offense
Reiteracion or Habituality
The offender has been previously punished for an It is necessary that the It is enough "that a final
offense to which the law attaches.an equal or greater offender shall have .judgment has been
penalty or for two or more crimes to which it attaches served out his sentence rendered in the first
a lighter penalty (RPG, ART. 14, par. 10). for the first offense. offense.

BASIS: Greater perversity of the offender as shown

by his inclination to crimes (REYES, Book One,
supra at 398). Despite the previous punishment, The previous and Requires that the
offender did not learn his lesson (BOADO Compact subsequent offenses offenses be included in
Reviewer, supra at 115). must not be embraced the same title of the
in the same title of the Code.
Requisites of reiteracion or habituality: (TPC) Code.
1. The accused is on !rial for an offense;
As to €onsideration as Aggravating
2. He has freviously served sentence for another
offense (first offense) to which the law attaches Not always an Always to be taken into
(not the penalty actually imposed)· ·
aggravating consideration in fixing
a. Equal; or the penalty to be
_yjn::umstan~
b. Greater penalty, or imposed upon the
c. For two or more crimes to which it attaches accused.
a lighter penalty than that for. the new
offense;and (REYES, BaokOne, supra at 401).
3. He is g,onvicted of the new offense' (RE;.YES,
Book One, supra at 398). · · HASITµA.,_ DELINQUENCY AND
RECllt>IVl$M, DISTINGUISHED
There is no reiteracion if the accused ~re still
serving their respective sentences at the ,ti~ of the
commission of the offense (People v. Laysem, G.R.
No. L~25177, October 31, 1969).
.t;.:+·'.<G:·~·/),·,~
::::,9
·.\•··.
Reiteracion, like recidivism and quasl-recidivi~m. l"he ' crimes are It is sufficient that the
necessitates the presentation of a certified copy, of specified. These are accused, on the date of
the sentence convicting an accused (People v. serious or less serious the trial, shall have
Gaorana, G.R. Nos. 109138-39, April 27, 1998). physical mJunes, been previously
robbery, theft, estafa, or convicted by final
Since reiteracion provides that the accused has duly falsification. judgment of another
served the sentence for his previous conviction/s, or crime embraced in the
is legally considered to have done so, quasi- same title of the RPC.
recidivism cannot at the same time qonstitute
reiteracion. Hence, ·this aggravating circumstance As to Period of Time the Crimes are
cannot apply to a quasi-recidivist (REGALADO, Committed
. supra at 100).
The offender is found No . period of time
If the same set of facts constitutes recidivism and guilty within ten (10) between the former
reiteracion, the liability of the accused should be years from his last conviction and the last
aggravated by recidivism which can easily be proven release or last conviction is fixed by
(Id.). conviction. law.

As to Number of Crimes Committed

The accused must be The second conviction

found guilty the third for an offense
embraced in the same

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Elat>itualDelinquenc1 Recidivism PAR. 12. THAT THE CRIME BE

(Art. 62, par. 51 (Art. 14, par. 97 COMMITTED BY MEANS OF: (IFPESDA)
(Generic; Qualifying)
time or oftener of any of title of the RPC is
1. !nundation;
the crimes specified. sufficient.
2. Eire;
A.s to Effects 3. f.oison;
4. gxplosion;
An additional penalty is If not offset by a 5. §tranding of a vessel or intentional damage
also imposed. mitigating thereto;
circumstance, serves to 6. Qerailment of a locomotive; or
increase the penalty 7. By the use of any other Artifice involving great
only to the maximum. waste and ruin
(REYES, Book One, supra at 734-735). Par. 12 enumerates the means employed in the
commission of the crime contemplated · in these .
PAR. 11. IN CONSIDERATION OF A circumstances which involve great waste or ruin, but
PRICE, REWARD, OR · PROMISE the enumeration expressly include the use of "any
(Generic; Qualifying) other artifice" similar thereto (REGALADO, supra at
BASIS: Greater perversity of the offender, as shown 101).
by the motivating power itself (REYES, Bo6kiOne,
supra at 402). · · W~~n a~bther aggravating circumstance already
q~ahfies . the· crime, any of these aggravating
The price, reward, or promise mustt.>ettl$3primary circumstanc~s $hall be considered as generic
reason or primordial motive for t11ecommission of · aggrayating circumstance only (REYES, Book One,
supra at404). ·
the crime (ESTRADA, Book One; s1Jpr/1at 156).

There must be two or more ~rincipalS - the one who BA.SIS: Mean~. ancl ways employed (REYES, Book
gave or offered the price ot promise, and the.one One, supra at 4q4)._. .
who accepted it, · both of who~ are principals
(REYES, Book One, supra ,:itf "402).The person ln-"by means ot;inundation, fire, etc.", the crime is
offering the price, reward orprornJs~ is aprineipalby commi)t~ by nreansof any of such acts involving
in~ucement and the person 1$Ccjptil\gthe sar?te
and great waste or ruin, wh~reas, in "on the occasion of
a confla-gratioo, shipwreck, etc.", the crime is
.executing the criminal act i~ a pri,\;ipal by direct ·
participation (AMURAO, BOOK One, Sl/pra'af 547), .. COniriiitted 9n the !Occasion of a calamity or
misfortune (Id. at 407).
When this aggravating circum~fance i~),re~ent, It
affects not only the person who received the·prtoe .or Par~12 asQµalifying Circumstances
reward, but also the person who gave it (U.S: v. · "Fire,'\ "explosron," and "derailment of locomotive"
Parra, G.R. No. 12607, September 27, f917). · may, be partof the definition of a particular crime,
sucil- as, arson, crime involving destruction, and
If there was no offer prior to the killing and the money damages and obstruction to means of
was given voluntarily after the crime was committed communication. In these cases, they do not serve to
then the circumstance shall not be appreciated (U.S'. ~ncrease the penalty, because they are already
v. Flores, G.R. No. 9008, September 17, 1914). included by the law in defining the crimes (REYES,
Book One, supra at 407).
, In this circumstance, the price, reward or promise
need not consist of or refer to material things or that USE OF FIRE IN SIMPLE ARSON,
the same were actually delivered, it being sufficient MURDER, AND HOMICIDE/MURDER
that the offer made by the principal by inducement AND ARSON
be accepted by the principal by direct participation
before the commission of the offense. It is Crime How Committed
indispensable, further, that the inducement made by
Simple Arson If the main objective is the
the former be the prjmary consideration for the
The penalty is burning of the building or
commission of the crime of the latter (REGALADO,
provided under Art. edifice, but death results by
supra at 100-101).
326-A. The reason or on the occasion of
resulting homicide arson.
is absorbed.

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ME~Q~Y AID
San Beds UnlveraltyCollege of Law - RGCTBar Operation$ Center

The date and time when the offender

Murder If the main objective is to kill
Had there been an a particular person who may
intent to kill, the be in a building or edifice,
crime committed is when fire is resorted to as
murder, qualified the means to accomplish
by circumstance such goal.
that the crime was
committed "by
means of fire"
(RPG, Art. 248).
Homicide/Murder · If the objective is to kill a
AND Arson particular person, and in fact
the offender has already
done so, but the fire is
resorted to as a means to
cover up the killing.
(People v. Baluntong, G.R, No. 182061, March 15,
2010).
Under R.A. No. 8294, Sec. 2, "When a persQP;
commits any of the crimes defined in the RPC
special laws with the use of the aforementioned··
explosives, detonation agents or incendiary devices,
which results in the death of any person,Qff}ersons,
the use of such explosives, detonation agents or
incendiary devices shall be considered· as an
aggravating circumstance (REGA~Db, at
102). ..
PAR. 13. EVIDENT PREMEPll;~TION
(Generic; Qualifying)
Essence of evident premeditation: the execution
of the criminal act must be preceded by GO.olthought
and reflection upon the resolution to carry out the ·
criminal intent, during the space of time sufficient to
arrive at a calm judgment. The premeditatfon fo kill
must be plain and notorious, and thereafter proven
by evidence of outward acts showing such intent to
kill. It is imperative to prove that the accused indeed
underwent a process of cold and deep meditation,
and a tenacious persistence in the accomplishment
of the criminal act (People v. Grabador, Jr., et al.,
G.R. No. 227504, June 13, 2018).
BASIS: Reference to the ways of committing the
crime because evident premeditation implies a
deliberate planning bf the act before executing it
(REYES, Book One, supra at 408).
determined to commit the crime is essential,
because the lapse of time for the purpose of the'
third requisite is computed from that date and
time (REYES, Book One, supra at 412).
2. An Act manifestly indicating- that the
culprit has clung to his determination
(People v. Sabangan, G.R. No. 191722,
December 11, 2013); and
The essence of the second requisite of
evident premeditation is to show that during the
interv~ning period, offender did not back out
from his criminal plan but instead he clung to it
up to the time of its implementation (I
CAMPANILLA, Reviewer, supra at 285).
3. .§.ufficient interval of time between the
determination and execution of the
crime, to allow him to reflect upon the
consequences of his act and to allow his
conscience to overcome the resolution
of his will (People v. Sabangan, G.R. No.
or 191722, December 11, 2013).
er, mere lapse of time is insufficient
evident premeditation. For evident
n to be appreciated, it is
tlle to show concrete evidence on
how and . hen the plan to kill was hatched or
S,tlpra how ifnuqh tiQ,e had elapsed ,before it was
carried tjut (~eople v. Agramon, G.R. No.
2 . 2018).
Object of Premeditation
important that the victim killed must be the
;:•rib~9
the accused premeditated to kill (People
+,•'M;"'G.R.No. L-38930, June 28, 1988).
It is not required that there is a plan to kill a particular
~erson for this circumstance to be appreciated, as
long as the accused had premeditated and planned
the killing of any individual (U.S. v. ~odriguez, G.R.
No. 6344, March 21, 1911):
Evident Premeditation in Error in Personae ~
There is only one victim. But the victim who the
accused premeditated to kill is different from the
actual victim due to mistake of identity. The
·aggravating 9ircumstance shaU not be appreciated
since the victim is not the object of premeditation
(People v. Dueno, G.R. No. L-31102, May 5, 19.79).

Requisites of evident premeditation: (TAS) Evident Premeditation in Aberratio Ictus

The prosecution must prove:
1. The !ime when the offender determined
to commit the crime (People v. Sabangan,
G.R. No. 191722, December 11, 2013);
There are two victims: the target victim and the third
person, who was hit by reason of mistake of blow.
The aggravating circumstance will not be
appreciated with ·respect to the crime committed
against the third person since the third person is not

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the object of premeditation (People v. Mabug-at,
G.R. No. 25459, August 10, 1926).
Evident Premeditation in Conspiracy
Proof that the accused committed the crime
pursuant to express conspiracy gives rise to
disputable presumption that they meditated on their ,
confederated plan and yet decided to implement it
(People v. Regalario, G.R. No. 101451, March 23,
1993). Proof of implied conspiracy would not
establish any of the elements oi evident
premeditation (People v. Rojas, G.R. Nos. L-46960-
62, January 8, 1987}.
Evident Premeditation as Inherent
Circumstance:
1. Preconceived Act
- Where the accused would execute the
preconceived act, such as robbery, theft or
Estafa, only after having thougl)t out the rf!~thod
by which he intends to accomplish it, evident
premeditation is inherent (Peop{ffrV. 9u, 'G,..R.
No. L-13413, April 22, 1997). ·
2. Robbery with Homicide· . ,
Evident premeditatiori is'inner,nt IJl{herethe
accused premeditated o'nly th~ robl1ery, and
h.omicide is a mere inci(lentth~reof (People v.
Paga/, G.R. No. L-32040, Qctoper 25, 1977).
However, it shall be apprec(ated as aggravating
where the accused ~remed(tated- ho,t only
robbery but also the killing c;,fthe victjm'(Peop/e
v. Gari/lo, G.R. No. L-30281, August 2,J978)..
::;: ',
3. Treason
Evident premeditation is•inheren{ eetau!e..
adherence and the giving of aid and 'comfo·rtto
the enemy is a long-continued proce,ssrequiring
persistent determination and planning for the
successful consummation of the traitoris
purpose (People v. Racaza, G.R. No. L-365,
January 21, 1949).
Evident Premeditation Not Appreciated
Evident premeditation is not appreciated when it is
an inherent element of a crime, because then, it
had already been considered by the law when it
prescribed the penalty (BOADO, supra at 186).
PAR. 14. EMPLOYMENT OF (1) CRAFT
(Generic); (2) FRAUD (Generic;
Inherent); AND (3) DISGUISE (Generic)
There are three aggravating circumstances under
this paragraph.
BASIS: Means employed in the commission of the
crime (REYES, Book One, supra at 421).
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CRIMINAL LAW I
Criminal Law
·cRAFT, FRAUD, AND DISGUISE,
DISTINGUISHED
Involves the use of intellectual trickery
or cunning on the part of the accused
to aid in carrying out his criminal
design and done in order not to arouse
the suspicion of the victim.
Insidious words or machinations used
as direct inducement for the victim to
act in a manner which would enable
the offender to carry out his design.
· Resorting to any device to conceal
identity.
(REYES, Book One, supra at 421-426).
NOTE: Craft and fraud are characterized by the
· ,intelJ~ctual or mental rather than the physical means·
to which the criminal resorts to carry out his design
(lei.at 421}: .
Frau'c:t" ·· .
JXccordingtoJustice Regalado, the fine distinctions ·
betweeh "cra~i1and ''fraud" would not really be called
for as the terms in M. 14 are variants of means
employed to deceive the victim and if all are present
in the same case,.Jheycshall be applied as a single
aggravaJing qrcumstance (I CAMPANILLA,
Reviewer, supra,.af268).
Cra~a.nd fraud,,may~e,absorbed in treachery if they
hav~ been deliberat~ly adopted as the means,
methods or _forms fo.r the treacherous strategy, or
they .may co~exist independently (People v. Lab-eo,
G:R-·NQ/133438,.January 16, 2002).
_Fraud
jsjnh~rent in estafa (People V. Aquino, G.R.
Np, 234{J1'8, November 05, 2018).
Disguise
The test of disguise is whether the device or
contrivance resorted to by the offender was intended
to or did make identification more difficult, such as
the use of a mask or false hair or beard. Djsguise
contemplates a superficial but somewhat effective
dissembling to avoid identification (People v. Reyes,
G.R. No. 118649, March 9, 1998).
Illustrations:
1. Craft was present when A asked permission
from his employer B to go home to Pangasinan
at 4:00pm on the day the felony was committed
but went back at 10:00pm pretending that he has
failed to take a ride to Pangasinan. The
unsuspecting Chinese opened the door and
thereafter, A and his cohorts perpetrated
robbery with homicide (People v. Revotoc, No.
L-37425, July 25, 1981).
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MEM:Q~YAID
San Seda University College of Law - RGCT Bar Operations Center
2. There is fraud when A, took his stepdaughter
away and told her that she was to be taken to
the house of her godmother but instead she was
taken to another house where she was raped
(People v. de Leon, G.R. No. 26867, August 10,
1927).
3. Disguise is present when A used a mask in order
to conceal his identity when he perpetrated the
robbery (People v. Cabato, G.R. No. L-37400,
April 15, 1988).
PAR. 15. (1) TAKING ADVANTAGE OF
SUPERIOR STRENGTH; OR (2) MEANS
BE EMPLOYED TO WEAKEN THE
DEFENSE (Specific; Qualifying)
There are two aggravating circumstances under this
paragraph.
BASIS: Greater criminal perversity (AMURAO, Book
One, supra at 583).
A. ADVANTAGE BE TAKEN
SUPERIOR STRENGTH
Abuse of superior strength is present whenever ··
there is a notorious inequality of forces between the
victim and the aggressor, assuming a situation of
superiority of strength notoriously advantageous for
the aggressor selected or taken advantaje of:by him
in the commission of the crime (P-e.optev.'.Cortez,
G.R.No. 23913~December5,2018). ·
The fact that there were two persons whC>attacked
the victim does not per se establiSh ,that ~ crime
was committed with abuse of supeHor str~ngth,
there being no proof of the relative strength Of the
aggressors and the victim. The eviqence mµs.t
establish that the assailants purposely sought the
advantage, or that they had the deliberate:mtent to
use this advantage (People v. Cortez, G:R.No.
239137, Decembers, 2018).
It must be stressed that superiority in number does
not necessarily amount to abuse of· superior
strength. For the qualifying circumstance to be
appreciated, it must be shown that the aggressors
combined forces in order to secure advantage from
their superiority in strength (People v. Campit, G.R.
No. 225794, Decembef6, 2017).
The appreciation of the aggravating circumstance of
abuse of superior strength depends on the age, size,
and strength of the parties. An attack made by a man
with a deadly weapon upon an unarmed and
defenseless woman constitutes the circumstance of
abuse of that superiority which his sex and the
weapon used in the act afforded him, and from which
the woman was unable to defend herself. There is
also abuse of such superiority when the victim is old
and weak, while the accused is stronger on account
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of his relatively younger age. Evidence must show
that the assailants consciously sought the
advantage or that they had the deliberate intent to
use this advantage (People v. Corpuz, G.R. No.
215320; February 28, 2018).
Superior Strength is Inherent in Parricide _and
Rape
Abuse of superior strength is inherent in the crime of
parricide where the husband kills the w1fe (People v.
Galapia, G.R. Nos: L-39303-05, August 1, 1978). It
is generally accepted that under normal
circumstances a man who commits rape on a
woman is physically stronger than the latter (People
v. De Leon, G.R. No. 128436, December 10, 1999).
Superior Strength Absorbs Cuadri/la
Abuse of superior strength absorbs cuadrilla
("band"). It is reasonable to hold that band should not
be treated as an aggravating circumstance separate
and distinct from abuse of superior strength. The two
circumstances have the same essence which is the
OF. utilization of the combined strength of the assailants
to overpower the victim and consummate the killing
(Pf?ople v. "14~drana,G.R. No. L-31871, December
·.···• Jjr;;;,j
filhr,f:~t.i~
Treachery ~-~orbs Superior Strength
Treachery, ,as a qualifying circumstance, absorbs
the aggravating\ circumstance abuse of superior
strength even though the latter was alleged in the
informa\ibn. Thus; the circumstance of abuse of
Id not be appreciated as a
separate mg circumstance (People v.
Kalipayan, G.R. No. 229829; January 22, 2018).
AA$BE EMPLOYED TO WEAKEN
se
The offender employs means that materially
weakens the resisting power of the offended party.
This circumstance is applicable only to crimes
against persons, and sometimes against person and
property, such as robbery with physical injuries or
homicid_e(REYES, Book One, supra at 437).
.Illustrations:
1. Where one, struggling with another, suddenly
throws a cloak over the head of his opponent
and while in this situation he wounds or kills him
(U.S. v. Devela, G.R. No. 1542, April 9, 1904).
2. One who, while fighting with another, suddenly
casts sand or dirt upon the latter eyes and then
wounds or kills him (People v. Siaotong, G.R.
No. L-9242, March 29, 1957).
3. Offender made the victim intoxicated in order to
kill him (People v. Ducusin, G.R. No. L-48727,
September 30, 1982).
NOTE: If in his intoxicated state it was impossible for
the victim to put up any sort of resistance, treachery
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may be considered (People v: Ducusin, G.R. No. L-
48727, September 30, 1982).
PAR. 16. TREACHERY OR ALEVOSIA
(Specific; Qualifying)
The essence of treachery is the sudden,
unexpected, and unforeseen attack on the victim,
without the slightest provocation on the latter's part.
The victim must not have known the peril he was
exposed to at the moment of the attack (People v.
Casas, G.R. No. 212565; February 25, 2015).
BASIS: Means and ways employed in the
commission of the crime (Id.).
RULES ON TREACHERY
1. Applicable only to crimes against persons;
NOTE: However, in People v. Layug (G.R. No. ·
223679, September 27, 2017) the Supreme
Court appreciated treachery as, a. generic ·
aggravating circumstance in robberyi .. wlth · ·
homicide. The law looks at the constituent crime
of homicide (crime against persw,.and oot·at
the constituent crime of robbery (crime against
property) (People v. Baron, G.Ff No. 185209,
June 28, 2010). · .
2. Means, methods or forms need not insure the
accomplishment of crime;
NOTE: It is not necessary·ttt?t the. rn"ode of
attack insures the cons4JT11Tiationof offense, it
being sufficient that it ·,tends to insure the
execution without risk to the person of the
aggressor from the defense >vvhichthe-.Qffeq~d
part might make (People v. Pc}rl:lna,G.R·NJ.;.J-
45373, March 31, 1937).
3. The mode of attack must be conscio.Lt~ly
adopted ((RPC, .Art. 14, Par:. 16(2); REYES,
Book One, supra at 438).
Requisites of treachery: (NoDe)
1. The means of execution employed .9ave
the person attacked No opportunity to
defend himself or herself, or retaliate;
and
NOTE: The existence of a struggle before the
attack on the victim clearly shows that she was
forewarned of the impending attack, and that
she was afforded the opportunity to put up a
defense (People v. Agramon, G.R. No. 212156,
June 20, 2018).
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CRIMINAL LAW I
Criminal Law
2. The - means of execution were
Deliberately or consciously adopted by
the offender (People v. Defector:, G.R. No.
200026, <Jctober 4, 2017).
NOTE: There is no treachery if the attack is an
impulse of the accused or when the killing is due
to passion or when the. accused did not make
any preparation to kill the deceased so as to
insure the commission of the crime (BOADO
Compact Reviewer:, supra at 122).
Treachery cannot co-exist with passion or
obfuscation (People v. Pansensoy, G.R. No.
140634, September: 12, 2002). In passion or
obfuscation, the offender loses his reason and
_self-control. In treachery, the mode of attack
must be consciously adopted. One who loses his
reason could not deliberately employ a particular
means, method, or form of attack in the
execution of a crime (R£YES, Book One, supra
af 473).
. .
Oefens~less Cort(fition of the Victim·
Treachery ~an f1lso1be appreciated if the accused
took advantage, of th~ defenseless condition of the
victim (ICAMPt,NJLLA, Reviewer, supra at 281).
,
Minor c~ildren, Whoby reason of their tender years,
cannot be expectec:U,9put up a defense (People v. -
Fallorina, G.R. No. 137•17,March 4, 2004).
· Treqet,ary must b~
~ppreciated in the killing of a
chitd even if the manner of attack is not shown
(Pe.op/e V. ,elebucarl G.R. No. 182551, July 27,
~011).
.TheIT}erefactJnat the attack was inflicted when the
· Nictirn '.l;iad·his back turned will not in itself constitute
. fr~ac'hery. h must appear that such mode of attack
was consciously adopted with the purpose of
depriving the victim of a chance to either fight or
retreat. The suddenness of attack does not, of itself,
suffice to support a finding of treachery, even if the
purpose was to kill, so long as the decision was
made all of a sudden and the victim's helpless
position was accidental. It does not always follow
that because the attack is sudden and unexpected,
it is tainted with treachery (People v. Francisco, G.R.
No. 216728; June 4, 2018).
Frontal attack does not rule out treachery
The essence of treachery is the sudden and
unexpected attack, without the slightest provocation
on the part of the person attacked. A frontal attack
does ·not necessarily rule out treachery. The
qualifying circumstance may still be appreciated if
the attack was so sudden and so unexpected that
the deceased had no time to prepare for hi_s(){ her
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MEM-Q~YAID
San Seda University College of law • RGCT BarOperations Center

defense (People v. Samuya, G.R. No. 213214, April nighttime and abuse of superior strength would ,
20, 2015). in the killing of the victim (People v. San Pedro,
G.R. No. L-44274, January 22, 1980);

Presence of Stage of Attack 2. Abuse of superior stre,:igth;

"freache!;Y
3-. Nighttime; ·
If the attack is Treachery must be . 4. Aid of armed men;
continuous and the present at the beginning 5. Cuadrilla {"band"); and
fatal wound was of the attack and not at 6. 5.mploying means to weaken the
inflicted at the final the final stage thereof. defense.
stage
These generic aggravating circumstances are
If_ the attack is not Treachery must be
absorbed in treachery since the former are
continuous and the present at the final stage
necessarily included in the latter (REYES, Book
fatal · wound was and not at the beginning
One, supra at 470).
inflicted at the final thereof.
stage
Treache!;Y dlstinguished from Evident
(I CAMPANILLA, Reviewer, supra at 281). Premeditation
The essence of evident premeditation is cool thought
NOTE: The attack is c6ntinuous if there is neither and reflection, the essence of treachery is the
break in the continuity of the aggression nor swiftness and the unexpectedness of the attack
intervention of any factor. There must be / _11<l upon the unsuspecting and unarmed victim who
appreciable time intervening between the first attack: does not give the slightest provocation (People v.
and the final fatal attack (Id.). . Rebamontan, G.R. No. 125318, April 13, 1999).
~ :;:~:l.,
>~~'{'>~: ,..:i::;".❖•
Abberatio ictus, error in personae and praeter · ;PAR}'.ffi•;JQNOMINY(Specific; Inherent)
intentionem Ignominy is .a{tircumstance pertaining to the moral
Whether or not the attack succeeds against its order, whiQh~ aqds disgrace and obloquy to the
intended victim or injures another (aberratio ictus or material iffjury ~used by the crime (People -v.
etror in personae), or whethe_rthe crime committed
is graver than that intended (praeter intentionem) is -··
Cortezanl,,
f
G!R.
f ""o.
123140, September 23, 2003).
,,

immaterial. As long as it is proved that the attack is
attended by treachery, this fl,ggravating
circumstance may still be considered (People v.
Gonzales Jr., G.R. No. 139542, June·21, 2001).
Treache!;Y as a generic a9gravati(J9.
circumstance
The presence of treachery, though, should not result
in qualifying the offense to murder from the Special
Complex Crime of Robbery with Homicide, for the
correct rules is that when it 6btains in the special
complex crime, such treachery is to be regarded as
a generic aggravating circumstance, robbery with
homicide, being a case of composite crime with its
own definition and special penalty in the Revised
Penal Code (People v. Cando, G.R. No. 128114,
October 25, 2000).
NOTE: Treachery cannot be considered as an
aggravating circumstance if_ already taken as a
qualifying circumstance (People v. Guzman, G.R.
No. -169246, January 26, 2007).
TREACHERY ABSORBS THE GENERIC
CIRCUMSTANCES OF: (CAN-ACE)
1. Craft
- except when craft was employed not with a
view to making treachery more effective as
BASIS';Mlb .• yed (REYES, Book One, supra
at 473) ..· ·...;:•xiiii,f,
ning of "which add ignominy to the natural
ereof"
"'s'employed or the circumstances brought
about must tend to make the effects of the crime
more humiliating to victim or to put the offended
party to shame, or add to his moral suffering (People
v. Carmina, G.R. No. 81404, January 28, 1991).
It is incorrect to appreciate ignominy when the victim
is already dead. It is required that the offense be
committed in a manner that tends to make its effects
more humiliating to the victim, that is, add to his
moral suffering (People v. Carmina, G.R. No. 81404,
January 28, 1991).
Ignominy applies to: .
1. Crimes against chastity;
2. Less serious physical injuries;
3. Light or grave coercion;
4. Murder; and
5. Rape (REYES, Book One, supra at 473-474).
Rape committed on the occasion of robbery with
homicide will be regarded as aggravating

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circumstance of ignominy (People v. Tapales, G.R.
No. L-35281, September 10, 1979).
NOTE: Under RA. No. 9262, if sexual or physical
violence is committed against a woman, with whom
the. accu~ed has· marital, dating or sexual
relationship, in the presence of her child, the penalty
imposable shall be applied in its maximum period.
This is a special aggravating circumstance (I
CAMPANILLA, Reviewer, supra at 290).
Examples:
1. Ordering the victim to exhibit to the offenders her
complete nakedness for about ten minutes
before raping her, brought about ~ liability of the offender is the breaking of a part of a
circumstance, which tended to make the effects
of the crime more humiliating (People v. Jose,
G.R. No. L-28232, February 6, 1971); and
2. Unnatural way of raping the victim such as dog-
style position (People v. Say/an, G.R. No,. .L-
36941, June 29, 1984). ··
PAR. 18. UNLAWFUL ENT~Y·(~eneri.cJ -
Unlawful entry when an entrance .. (c:,m'd·not Jor ...
escape) is effected by a way not inferJcfed·for the
purpose (REYES, Book One, supre,,,af·'477):
BASIS: Means and ways ejrtpl~y~tl to cqmmit the
crime (Id.). One who acts, not respecting :the walls
erected by men to guard their pro~erty and provide
a
for their personal safety, shows greater perversity,
a greater audacity; hence, tile lawpµnisheshimwith
more severity (Id.). ' ' · "· ·. -· · ·, ,
Unlawful entry is inherent in;
1. Robbery with the use of force upon 'tnings; . \ ..
2. Trespass to dwelling (Id. at 478);
3. Violation of domicile; · ne.Ges~aryfhat ttreoffender should have entered the
4. Evasion of service of sentence·
5. Robbery in an inhabited place, public'building or
place dedicated to religious worship; ·., .
6. Robbery with homicide; and
7. Robbery in an uninhabited place or in a private
building. (AMURAO, Book One, supra at 643-
644).
Dwelling and unlawful entry taken separately
Unlawful entry is distinguished from disregard of
dwelling in that the former pertains to the means or
way the crime was committed (REYES, Book One,
supra at 477) while the latter pertains to the place or
location where the crime was committed (REYES,
Book One, supra at 367). When the accused gained
access to the dwelling by climbing through the
window and once inside, murdered certain persons
in the dwelling (People v. Barruga, G.R. No. L-
42744, March 27, 1935).
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CRIMINAL LAW I
Gri_minalLaw
PAR. 19. THAT AS A MEANS TO THE
COMMISSION OF A CRIME, a (WARD
FLoW) BE BROKEN (Generic)
1. Wall;
2. Hoof;
3. Qoor
4. Floor; or
5. Window.
To be considered as aggravating, the breaking must
be utilized as a means to the commit the crime.
However, it is not necessary that the offender should
have entered the building. 1
What aggravates the
building (REYES, Book One, supra at 479).
BASIS: Means and ways employed to commit the
crime (Id. at 478).
U,NtAWFUL ENTRY AND BREAKING OF
W"R[)FLOW, DISTINGUISHED
Unlawful Ent!¥ Breaking of
(Art. 14, Par. 18) WARDFLOW
(Art. 14. Par. 19)
Presup{ioses .that there Involves the breaking
is no s~ch br~aklng ,s (rompimiento) of the
by. entry through the enumerated parts of the
window . house
NOT~:: clffentre~:
·1ftlie broke a window to enable
· him$e1(to· reach a pu,rse with money on the table
near that winpow, w~ich he took while his body was
·· outside of/the building, the crime of theft was
aftendep by this aggravating circumstance. It is not
pu_ildirtg(REY£S, Book One, supra at 479).
Xttiere tireaking of Door or Window is Lawful:
An officer, in order to make an arrest either by virtue
of a warrant, or without a warrant as provided in Sec.
5, may break into any building or enclosure where
the person to be arrested is or is reasonably believed
to be, if he is refused admittance thereto, after
announcing his authority and purpose (RULES OF
COURT, RULE 113, Sec. 11).
The officer, if refused admittance to the place of
directed search after giving notice of his purpose and
authority, may break open any outer or inner door or
window of a house or any part of a house or anything
therein to execute the warrant to liberate himself or
any person lawfully aiding him when unlawfully
detained therein (RULES OF COURT, RULE 126,
Sec. 7). ·
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San 8e<1aUniversityCollegeof Law - RGCTBarOperationsCenter

PAR. 20. (1) AID OF PERSONS UNDER Requisites of cruelty: (DUn)

FIFTEEN YEARS OF AGE; OR (2) BY
MEANS OF MOTOR. VEHICLES,
AIRSHIPS, OR OTHER SIMILAR MEANS
(Generic)
BASIS: Means and ways employed to commit the
crime (REYES, Book One, supra at 480).
A. WITH THE AID OF PERSONS UNDER
FIFTEEN YEARS OF AGE
Tends to repress, so far as possible, the frequent
practice resorted to by professional criminals to avail
themselves of minors taking advantage of their
irresponsibility (Id.).
With the aid of a minor showing greater perversity .of
the offender in educating a minor on how to commit
a crime especially with RA. No. 9344 which
absolutely exempted minors, which are 15 years old
or under, from criminal liability (BOADO, Compact
Reviewer, supra at 127).
1. The injury caused be Qeliberately increased by
causing other wrong; and
2. The other wrong be ·unnecessary for the
execution of the purpose of the offender (Id.).
Cruelty requires deliberate prolongation of the
physic.alsuffering of the victim, causing unnecessary
moral and physical pain. (People v. L/amera, L-
21604-5-6, May 25, 1973).
If the victim was already dead when the acts of
mutilation were being performed, this would also
qualify the killing to murder due to outraging of his
corpse. But since the victim is already dead, cruelty
cannot be appreciated in this case (People v:
Balisteros, G.R. No. 110289, October 7, 1994).
There must be positive proof that the wounds found
on the body of the victim were inflicted while he was
still alive in order to unnecessarily prolong physical
suffering (People v. Pacris, G.R. No. 69986, March
5, 1991).

B. BY MEANS OF MOTOR VEHICLES, . Nvmber of ®Unds alone does not show cruelty, it
AIRSHIPS, OR OTHER SIMILAR MEANS :~~.l!i-El~•ary to show that the accused
Intended to counteract the great facilities follhd by deliberateff'a,t\d inhumanly increased the sufferings
modern criminals in said means to commif crime and of the vietims (F?eople v. Aguinaldo, G.R. No. 33843,
flee and abscond once the same is committed February 11, 19°a1).The test is whether the accused
(REYES, Book One, supra at 480). deliberatety ahd \adistically augmented the victim's
sufferingJ(Pefp/e\y. Tonog, Jr., G.R. No. 144497,
Use of motor vehicle is aggravating .wttere th~ Juneg~e;'?9RfJnn,;li P
accused purposely and deliberateiy usedthe motor
vehicle in: · · ·· .--·~-l'f~
AND.IGNOMINY,
1. Going to thE:lplace of the crime; DISTINGUISHED
2. Carrying away the effects thereof; and
3. In facilitating their escape (People v. Espejo, , Cruelty Ignominy
G.R. No. L-27708, December 19, 19:70). (Art. 14 par. 21) (Art. 14, par. 17)

Refers to physical Involves moral suffering

NOTE: If the motor vehicle was used")only in
suffering
facilitating the escape or the use of such is
NOTE: If the intention of
incidental, it should not be an aggravating
NOTE: Burning the face the offender is to
circumstance (REYES, Book One, supra at 481).
of the rape victim augment the moral
constitutes cruelty suffering, ignominy is
Meaning of "or other similar means"
(People v. Lucas, G.R. appreciated.
It should be understood as referring to motorized
No. 80102, January 22,
vehicles or other efficient means of transportation
1990).
similar to automobile or airplane (Id. at 483).
(I CAMPANILLA, Reviewer, supra at 290-291).
PAR. 21. CRUELTY (Specific, Qualifying)
There is cruelty when the culprit enjoys and delights CRUELTY AND TREACHERY,
in making his victim suffer slowly and gradually, DISTINGUISHED
causing unnecessary physical pain in . the
Cruelty Treachery
consummation of the criminal act (People v. Dayug,
(Art. 14, par. 21) (Art. 14. par. 16)
G.R. No. 25782, September 30, 1926).
As to Necessiq,
BASIS: Ways employed to commit the crime
(REYES, Book One, supra at 484). The cruel act is not The treacherou!:> act is
necessary to the necessary to the

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CruelW ireache!;Y OTHER AGGRAVATING

('Art. 14, ,?ar. 211 (Ari. '1A,par, 16) CIRCUMSTANCES UNDER SPECIAL
PENAL LAWS
commission of the commission of the
Use of Loose Firearms (R.A. No. 10591)
crime. crime.
The use of a loose firearm, when inherent in the
As to Intent commission of a crime punishable under the
Revised Penal Code or other special laws, shall be
The intention of the The intention of the . considered as .an aggravating circumstance (Sec.
offender in perpetrating offender is to render the 29).
a cruel act is to prolong victim defenseless to
the physical suffering insure the commission Influence of Drugs (R.A. No. 9165)
the victim. of the crime. When a crime is committed by an offender who is
under the influence of dangerous drugs, suc.h state
(Id. at 291). shall be considered as a qualifying aggravating
circumstance (Sec. 25).
Outraging or Scoffing at the person of the victim
or his corpse is a qualifying aggravating Organized/Syndicated Crime Group under R.A.
circumstance that elevates the. killing from homicide No. 7659
to murder (RPG, Art. 248, par. 6). The maximum penalty shall be imposed if the
offel1Se.,l(llascommitted by any person who belongs
Outrage means to subject to gross ir:ist.ift.·Scoff i •to ~n organi+ed/syndicated crime group (Sec. 23).
means to show contempt by derisive •,aefs, or
language (People vs. Olivo, G,R.. No.· 1;3<>335, Organiz~d/syndicated crime group
January 18, 2001). It ·ig,a ~~P..of iY{G,
or more persons collaborating,
confederati~ ;o~.p,iltually helping one another for
In scoffing, the victim must alrf;iady<bed,ad;after th~ the purposes'Qfgain fr1the commission of any crime
acts were committed (AMURAO, BoqkOne; supra at (R.A. No; 765g,.Art,23).
658). . .... .

Unlike in mitigating circumstances (RPC,i Art. J3,

Crimes ir,volvind ot profit: (TERI) gain
1. Th~;
par. 10), there is no prtvision 1 for aggravating 2. Estata:
circumstances of a similar dr an~lbQous dl~.racter;· •h,_., """"'"°':,

3. Rbbbef'Y; a9d·, .<

': ',., • '-'

4. jegal ReCfuitment
AGGRAVATING <l1RCllfv1STANCE~
BELONGING EXCLUSIVELY · TO • Thus;syn1jcfute is n,s>t
aggravating in:
CERTAIN FELONIES: \, . \,. ,, •' 1. Homi~1de; "'
1. Violation of domicile (nighttime; R.a'pers'•aQtj · 2. Mtfrdet~.,, .'..
effects not returned immediately);· ' ·. · · ' . '· ···3:· Rape; and'
2. Interruption of religious worship (vtolence or 4-· Rhysjpa1 Injuries.
threats); .,,
3. Direct assault (weapon, offender is a public · ·o~~er, driver or passenger of carnapped vehicle
officer or employee; offender lays hands upon a is killed or raped
person in authority); The penalty of life imprisonment to death is imposed
4. Grave threats (in writing; thru a middleman); (R.A. No. 10883, New Anti-Carnapping Act of 2016,
5. Slavery (committed for the purpose of assigning Sec. 3).
the offended party to some immoral traffic);
6. Robbery with violence against or intimidation of
persons (uninhabited place, band); and
CHAPTER FIVE:
EXCEPT: Robbery with homicide or robbery ALTERNATIVE
with rape.
CIRCUMSTANCES
7. Robbery with force upon things (uninhabited (ART. 15)
place and by a band) (REYES, Book One, supra
at 488-489).

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San Beda University College of Law - RGCT Bar Operations Center

ARTICLE 15 the father of the victim's adoptive mother. However,

ALTERNATIVE CIRCUMSTANCES Art. 15 expressly includes adopted brothers or
sisters _within the concept of relationship (I
Alternative circumstances GAMPANILLA, Reviewer, supra at 300).
Those which must be taken into consideration as
aggravating or mitigating according to the nature and Application of Relationship:
effects of the crime and the other conditions 1. Crimes against property
attending its commission (RPG, Art. 15). a. Mitigating in the crimes of: (RUFA)
i. Robbery (Arts. 294-302);
The alternative circumstances are: (RID) ii. Y,surpation (Art. 312);
1. Relationship; iii. fraudulent Insolvency (Art. 314); and
2. Intoxication; and iv. Arson (Arts. 321-322, 325-326).
3. Qegree of instruction and education of the
offender (REYES, Book One, supra at 490). b. Exempting in the crimes of: (TEM)
i. !heft;
A. RELATIONSHIP ii. s_stafa; and
Relationship shall be taken into consideration when iii. Malicious mischief if the offender and
the offended party is the: (SADLA) the offended party lives together (RPG,
1. §.pouse; Art. 332; (REYES, Book One, supra at
2. Ascendant; 486-487).
3. Qescendant;
4. ,begitimate, natural, or adopted Brother or ~ister; 2. Crimes against persons
5. Relative by Affinity in the same degree of tl1e a. Mitigating
offender (Id. at 490-491). · in crimes classified as less grave felony
. .. or ligJ:ttfelony and the victim is a relative of
"In the same degree" refers to the ascendant; '.fn.,i,ff:;>,,JQ~pegree (concurrence is required).
·''':"i' / '" ··'tt \ ,..i
descendant, brother or sister -0f the offender's
spouse or the spouse of the offender's. ascendant, b. Exempting
descendant, or brother or sister (I GAMPANILLA, 1incvjmes:
Reviewer, supra at 299). i. Clast;;ified as grave felony; or
ii. ltthe\victim is a relative of higher or
Relatives by Affinity e~ual " level than the offender
Includes in-laws, stepfather, or stepmother, ce is not required) (I
stepchild and the like. It is the duty of the stepparents NILLA, Reviewer, supra at 300).
to bestow upon their stepchildren a mother's/father's
affection, care and protection (People v. Bersabal, .,. > , : . If the offense of serious physical injuries is
G.R. No. 24532, December 11, 1925). ;t;'\Jij;lr:.1;:i:;or,mitted by the offender against his child,
'""'q,;,,hnkwti,ather legitimate or illegitimate, or any of
Common-Law Relationship his legitimate other descendants,
Art. 15 does not include this concept. However, Art. relationship is aggravating. But the serious
332 on the exempting circumstance of relationship physical injuries must not be inflicted by a
in theft, swindling and malicious mischief includes parent upon his child · by e·xcessive
common-law relationship (I GAMPANILLA, chastisement (See RPG, Art. 263; REYES,
Reviewer, supra at 299). · Book One, supra at 492).

The law cannot be stretched to include persons c. Homicide or murder: relationship is

attached by common-law relations. Here, there is no
blood relationship or legal bond that links the
appellant to his victim (People v. Atop, G.R. 124303-
05, February 10, 1998).
NOTE: Common-law relationship between the
mother of the minor victim and the offender is a
qualifying circumstance in rape (RPG, Art. 266-
8(1 )).
Adoptive Relationship
The relationship established by adoption is limited to
the adopting parent and adopted child. Thus,
relationship shall not be considered if the offender is
aggravating regardless of degree (Id.).
d. Rape: aggravating where a stepfather raped
his stepdaughter or in a case where a father
raped his own daughter (Id. at 495).
3. Crimes against chastity
Acts of lasciviousness (Art. 336) - relationship
is always aggravating, regardless of whether the
offender is a relative of a higher or lower degree
of the offended party (Id. at 494).

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When the qualification given to the crime is
derived from the relationship between the
offender and the offended party, it is neither
mitigating nor aggravating, because it is
inseparable from and inherent in the offense,
e.g. parricide, adultery and concubinage (Id. at
493-494).
B. INTOXICATION
To be entitled to the mitigating circumstance of
intoxication, it must be shown:
1. That at the time of the commission of the
criminal act, the accused has taken such
quantity of alcoholic drinks as to blur his reason
and deprive him of a certain degree of control;
and
2. That such intoxication is not habitual, nor
subsequent to the plan to commit the felony
(People v. Boduso, G.R. Nos. L-30450-51,
September 30, 1974).
To be mitigating, the accused's stat~ df intox~ihio~
must be proved. Once intoxicationJs est~blistled by
satisfactory evidence, in the absehoe of proof to the
contrary, it is presumed to :be. non:-fla~itual · 9r
unintentional (People v. Fortitn: G,R-'/Nos: 80399~
404, November 13, 1997). · ·· · instructiQn an'Q ~dpq~ion of convict, may be and
WHEN INTOXICATIO~ MfTl(;ATING AND
. WHEN AGGltAVAflNG \
Mitigating Aggravating
If intoxication is not If fntc5xicationis habitual
habitual
If intoxication is not If it is ·-lntentionat ··
subsequent to the plan (subsequent to:ttie·p!~n
to commit a felony to commit a ·felOny) -
drinks fully, kTIQwingits
effects, to find a 1
stimulant to commit a·'
crime or a means to
suffocate any remorse
(REYES, Book One, supra at 495).
Habitual Drunkard
He is one given to intoxication by excessive use of
intoxicating drinks. The habit should be actual and
confirmed. It is unnecessary that it be a matter of
daily occurrence (People v. Camano, G.R. No. L-
36662-63, July 30, 1982).
Even if intoxication is not habitual, it is aggravating
when subsequent to the plan to commit the crime
(People v. Hernandez, G.R. No. L-23916, October
14, 1925).
Illustration: A decided to kill 8. A planned to commit
the crime by preparing the means to carry it out.
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CRIMINAL LAW I
Criminal Law
When he was ready to kill 8, A drank a 'glass of wine
and when already intoxicated, he looked for 8 and
killed him. Note that A drank wine to intoxicate
himself after he had planned the commission of the
crime. In this case, the intoxication is intentional
(REYES,Book One, supra at 498).
C. INSTRUCTION OR EDUCATION
Low degree of instruction and education or lack of it
is generally mitigating. High degree of instruction
and education is aggravating, when the offender
took advantage of his learning in committing the
crime (REYES, Book One, supra at 500).
Illiteracy alone will not constitute lack of instruction;
it must be accompanied by lack of sufficient
intelligence and knowledge of the full significance of
one's act (People v.Nabong, G.R. No. 172324, April
3, 2007).
th,re must be also lack of intelligence, which must
... · -be pr6ved pOs!tively and cannot be based on mere
... deduction or inference (People v. Retania, G.R. No.
..L-34841, January ~2, 1980).
The sp~cial :}nittgatlng circumstance of lack of
should be con$idered .as a general rule, when it
appears; that, under'all the circumstances which
surrounded the pornmission of the crime, the strict
degree of responsibllify which the Penal Code
impos,e~.,upon ;cor:wn~n convicts should not be
exa9l~ of them (U.S. II. Reguera, G.R. No. 16639,
~if[Ch"22, 19ft).
"
However, there ar~:irecognized exceptions to this
rule which, _althoughnot making it mitigating, it also
.does not ma'ke it aggravating, to wit: (PC-TM)
1. ·· ~rknes against froperty, e.g. arson, estafa,
tfieft:•fobbery (U.S. v. Pascual, G.R. No. 3777,
January 6, 1908);
2. Crimes against ~hastity;
3. !reason - because love of country should be a
natural feeling of every citizen, however
unlettered or uncultured he may be; and
4. Murder or homicide; to kill is forbidden by natural
law which every rational being is endowed to
know and feel (People v. Laspardas, G.R. No. L-
46146, October 23, 1979).
NOTE: Relationship is always aggravating in rape,
such as when:
1. The.accused father raped his minor daughter;
2. The accused raped his married daughter;
3. The accused raped the minor daughter of his
common law spouse;
4. The accused father raped his daughter without
the information stating the fact of minority of the
victim;
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San Seda ~ College o~ Llilw- ROCTBar Operations Center

5. The accused stepfather raped his 16-year-old of them. In that case, they are criminally liable either
step daughter; and as principals, accomplices or accessories (Id).
6. The accused is the brother in law of the victim.
Two parties in all crimes:
However, relationship is not aggravating in rape if it 1. Active subject (the criminal)
is a stepbrother and stepsister relationship, because Art. 16 enumerates the active subjects of the
they are not considered related either by blood or crime.
affinity (AMURAO, Book One, p. 665).
GENERAL RULE: Only natural persons can be
the active subject of crime because of the highly
personal nature of the criminal responsibility (Id.
TITLE TWO: at 507).
PERSONS CRIMINALLY REASONS:
LIABLE FOR FELONIES 1. The RPC requires that the culprit should
have acted with personal malice or
negligence; an artificial or juridical person
cannot act with malice or negligence.
ARTICLE 16 2. A juridical person, like a corporation, cannot
commit a crime in which a willful purpose or
WHO ARE CRIMINALLY LIABLE malicious intent is required.
For grave and less grave felonies: 3. There is substitution of deprivation of liberty
1. Principals; (subsidiary imprisonment) for pecuniary
2. Accomplices; and penalties in case of insolvency of the
3. Accessories. ... acc~ed.
sfi;<"' 'r4f,,Otn•Jpenalties consisting of imprisonment
For light felonies: j •• "aha'·;:~ther deprivation of liberty, like
1. Principals; and desm;.o, can be executed only against
2. Accomplices (RPG, Art. 16). indJiiiju',rs (Id. at 507-508).
l. f
... '"\.
,.',

GENERAL RULE: Light felonies ~re•punishable only EXCJPTe:>N~tJuridical persons are criminally
when they have been consummated (RP9t Art. 7). liabl ' ' · certain special laws. Under
Ff"' 11232 (Revised Corporation
EXCEPTION : Light felonies committed .against. Cod' , 6. 146 (Public Service Law), the
persons or property, are punishable. even if only Securities Law, and the Election Code,
attempted or frustrated (RPG, Art. 7).' ....:Forpo~ationsmay be fined for certain violations
,.provisions.
EXCEPTION TO THE EXCEPTION: ,l\ccessories
are not liable for light felonies (RPG, Art.16). Only the officers or agents of the corporation
who participated in the commission of the crime
REASON: In the commission of light felonies, the can be criminally liable (Id. at 508).
social wrong as well as the individual prejudice is so
small that penal sanction is deemed not necessary
BASIS OF LIABILITY OF ACTIVE
for accessories (REYES, Book One; supra ~t 506).
SUBJECTS
Logically, light felonies are punished with arresto Active Subjects Basis of Liability
menor; accessories are meted with penalty two
degrees lower than the principal, hence, there is no Principal by direct Actual commission of the
more penalty to impose. De minimis non curat fex participation crime or conspiracy
(BOADO, supra at 204).
Principal by Inducement and conspiracy
NOTE: The treble division of persons criminally inducement
responsible for an offense rests upon the very nature
of their participation in the commission of the crime Principal by Conspiracy or community of
(REYES, Book One, supra at 506). indispensable design
cooperation
When a crime is committed by many, without being
Accomplice Community of design
equally shared by all, a different degree of
responsibility is imposed upon each and every one

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2. That they carried out the plan and. personally

Active Subjects Basis of Liability
took part in its execution by acts which directly
Accessory Knowledge of the tended to the same end (People v. Dacillo, G.R.
commission of the crime No. 149368, April 14, 2004).

(I CAMPANILLA, Reviewer, supra at 325;327;330; NOTE: If the second requisite is lacking, there is
331; and 338). only conspiracy among the several defendants
who participated in the criminal resolution, and if
2. Passive subject (the injured party) the crime they agreed and decided to commit is
The holder of the injured right: the man, the not treason, rebellion or sedition, they are not
juristic person, the group, and the State. criminally liable (REYES, Book One, supra at
Corporation and partnership can be a passive 541).
subject of a crime.
CONSPIRACY
GENERAL RULE: Corpses or animals cannot If conspiracy is established, all the conspirators are
be passive subjects because they have no rights liable as co-principals regardless of the manner and
that may be injured (REYES, Book One, supra extent of their participation since in contemplation of
at 510). law, the act of one would be the act of all. Each of
the conspirators is the agent of all the others (People
EXCEPTION: Under Art. 353, the crime of v. Pilola, G.R No. 121828, June 27, 2003).
defamation may be committed if theJmputati,:>n
tends to blacken the memory of onewhp is Eiead The .overt act in furtherance of conspiracy may
(Id.). consist of:
1. Active participation in the actual commission
ARTICLE 17. of the crime. itself; or
PRINCIPALS 2. Moral assistance to his co-conspirators by
being present at the time of the commission of
the crime; or
Principal bf Principal bf Principal by 3. By exerting moral ascendency over the other
Direct Inducement Indispensable co-qonspirators .RY moving them to execute or
Participation Cooperation implement the ctiminal plan (Rimando y
Fernando v. People, G.R. No. 229701,
Those who Those who Those who November29, 2017).
take a direct directly force i::09perat~ in the ~ =~

part in the or induce commission ·of

However, where on~cooperates in the commissic;m
execution of others to the offense by of the crime by p,rforming overt acts which by
the act. commit it. ·· .another... act themselves are acfs of execution, he is a principal by
wjthout. which it
diret(p;:irticip9Jibn, and not merely an accomplice
would not hc;1ve (People v. Pifola, G.R. No. 121828, June 27, 2003).
been .. '
accomplished. NOTE:Mere silence is not a circumstance indicating
participation in the same criminal design (People v.
PAR. 1. PRINCIPAL BY DIRECT Gensola, G.R. No. L-24491, September 30, 1969).
PARTICIPATION
In conspiracy by prior agreement, the principal by
They actually perform acts necessary to the direct participation who does not appear at the scene ·
commission of the offense (BOADO, Compact of the crime is not liable because:
Reviewer, supra at 130). 1. His non-appearance is deemed a desistance on
his part which is favored and encouraged;
REQUISITES TO BECOME CO-
PRINCIPALS BY DIRECT 2. Conspiracy is generally not a crime unless the
PARTICIPATION: law specifically provides a penalty therefor
(RPG, Art. 8).
1. That they participated in the criminal resolution.
Thus, by merely conspiring, the would-be
NOTE: Two or more persons are said to have
participator has not yet committed any crime
participated in the criminal resolution when they
were in conspiracy at the time of the commission unless he would appear at the scene of the
crime and perform any act directly or indirectly in
of the crime.
the accomplishment of the conspiracy; and

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3. There is no basis for criminal liability because
there is no criminal participation (BOADO,
Compact Reviewer, supra at 131).
NOTE: The principal by direct participation must be
at the scene of the commission of the crime,
personally taking part in its execution (ESTRADA,
Book One, supra at 179) except when there is
conspiracy and the principal by direct participation
has already performed his part prior to the actual
commission of the crime.
PAR. 2. PRINCIPAL BY INDUCEMENT
He Is a principal because, although he does not
directly perform the acts of execution, his words of
advice or the influence have actually moved the
hands of the principal/s by direct participation.
Inducement may be by acts of command, advice,
influence, or agreement for consideration (People v.
Batin, G.R. No. 177223, November 28, 2007).
One cannot be held guilty of having instigated the
commission of the crime without first being shown
that the crime was actually committed (or attempted} ...
by another (ESTRADA, Book _One,supra at 180).
Thus, there can be no principal by inducement (or by ·
indispensable cooperation) unless there is a
principal by direct participation. But there can be a
principal by direct participation without a.principal by
inducement (or by indispensable cooperation}(ld.).
REQUISITES FOR CONVICTION AS A
PRINCIPAL BY INDUCEMENT:
1. That the inducement be made With the intention
of procuring the commission of the crime; and
jt.irfiiU>
r,:n:J S,r'el~bmpulsion must be such that it redu.cedthe
NOTE: The inducement must precede the act
and must be so ·influential in' producing the
criminal act that without it, the act would not
have been performed. If the crime committed is
not contemplated in the order given, inducement
is not material and not the determining cause
thereof (REYES, Book One, supra at 546).
2. That such inducement be the determining cause
of the commission of the crime by the material
executor (Ambagan, Jr. v. People, G.R. No.
204481-82, October 14, 2015).
NOTE: To constitute inducement, there must
exist on the part of the inducer the most positive
resolution and most persistent effort to secure
the commission of the crime, together with the
presentation to the person induced of the very
strongest kind of temptation to commit the crime
(People v. Yanson-Dumancas, G.R. No.
133527-28, December 13, 1999).
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TWO WAYS OF BECOMING PRINCIPAL
BY INDUCEMENT:
1. By directly forcing another to commit a
crime by using irresistible force or by
causing uncontrollable fear (REYES, Book
One, supra at 537).
a. Irresistible force
a force, to be considered to be an
irresistible one, must produce such an effect
upon the individual that, in spite of all
resistance, it reduces him to a mere
instrument and, as such, incapable of
committing a crime. It must be such that, in
spite of the resistance of the person on
whom it operates, it compels his members
to act and his mind to obey (U.S. v. Elicanal,
G.R. No. October 28, 1916).
Force, fear, duress, or intimidation must be
present, imminent, impending; and of such
nature as to induce a well- grounded
apprehension of death or serious bodily
harm, if the act be done (People v. Anod,
G,,~:?Jtlo.186420 August 25, 2009).
Uncontrollable fear
'.mustappear that the threat that caused
the ur1controllablefear is of such gravity and
iQ1mir}ence that the ordinary man would
have succumbed to it. It should be based on
'..Jt~•kdlllfflirteht or reasonable fear for one's
,-~~,Ty V. People, G.R. No. 149275.
September 27, 2004).
tt. M~re threat of future injury is not sufficient.
offender to a mere instrument acting not
only without will but against his will as well.
It must be of such character to leave the
a.ccused no opportunity for escape (Id.).
NOTE': In these cases, there is no
conspiracy, not even a unity of criminal
purpose and intention. Only the one using
th!3 force or causing the fear is criminally
liable. The material executor is not criminally
liable because of Art. 12, Pars. 5 and 6
(exempting circumstances) (REYES, Book
One, supra at 542).
2. By directly inducing another to commit a
crime by giving of price, or offering of
reward or promise or using words of
command.
NOTE: Both the one giving the price or offering
reward or promise and the one committing the
crime in consideration thereof are principals -
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the former, by inducement; and the latter, by

direct participation. There is collective criminal
responsibility (Id. at 543).

The person who used the words of command is

a principal by inducement while the person who
committed the crime because of the. words of Becomes liable only The mere proposal to
command is a principal by direct participation. when the crime is commit a felony is
There is also collective criminal responsibility committed by the punishable in treason or
(ESTRADA, Book One, supra at 181). principal by direct rebellion. However, the
participation person to whom the
Requisites of inducement by words of proposal is made should
command: not commit the crime,
1. That the one uttering the words of command otherwise, the
must have the intention of procuring the proponent becomes a
commission of the crime; principal by inducement.
2. That the one who made the command must
have an ascendancy or influence over the As to What Kind of Crime is Involved
person who acted;
3. That the words used must be so direct. so -lpvolves any crime The proposal to be
efficacious, so powerful as to 9mount to •• punishable must involve
physical or moral coercion; only I reason,
4. The words of command must: be·· uttered Rebellion,
prior to the commission of"tl"lecrfm~; and !nsurrection or foup
5. The material executor .of the.cfilfie .has rfo d' etat (TRIC).
personal reason to ' commit' the crime (REYES, B6elt'<)n'e, supra at 551-552).
(REYES, Book One, supra a{548-$49).
),· ,

EFFE~TS '-:·OF I ACQUITTAL OF

A distinction should be r/!ladebelween the word$ ·
of command of a fat,e? lo .his sons, under
conditions which deterrCiir:,e'i
d~dien.c~: and the:
excited exclamations uftered•by an ind~vi.dualto
whom obedience is not due./fM moraHnfh,Jence
of the words of the fattier' ma}' determine the
course of conduct of a son in ca\es Where {he
same words coming from a ~trangerwouldmake ..
no impression (People v. Tamayo, 'G,:R.No. ,
18289, November 17, 1922). , .. · ·t!'ommitfed by another (People v. Ong Chiat Lay,
Inducement may be by acts of commaq<;f advice· ··
or through influence or agreement for
consideration. The words of advice or the
influence must have actually moved the hands
of the principal by direct participation. We have
held that words of command of a father may
induce his son to commit a crime (People v.
Batin, G.R. No. 177223, November 28, 2007).
PRINCIPAL BY INDUCEMENT AND
PROPOSAL TO COMMIT FELONY,
DISTINGUISHED
PRtNCIPAL $Y"DlllECT PARTICIPATION
UPON/ LIABlUTY'. OF PRINCIPAL BY
INDUCEMENT:
1. Conspiracy, is 'negated, by the acquittal of co-
. 'defendant>' ·,
2. ·. Orie canAot be held guilty of having instigated
· the corilmissio!l of a crime without first being
shown_that ,c1:he crime has been actually
Sllpra}..,
' L; ,,.
But 'if the one charged as principal by direct
participation is acquitted because he acted without
criminal intent ormalice, his acquittal is not a ground
for the acquittal of the principal by inducement
(People v. Po Gok To, G.R. No. L-7236, April 30,
1955).
RATIONALE: In exempting circumstances, such as
when the act is not voluntary because of lack of
intent on the part of the accused, there is a crime
committed, only that the accused is not a criminal
(REYES, Book One, supra at 552).
•
PAR. 3. PRINCIPAL BY INDISPENSABLE
COOPERATION
The cooperation that the law punishes is the
assistance knowingly or intentionally rendered,
which cannot exist without previous cognizance of

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the criminal act intended to be executed (People v.
Jesalva, G.R. No. 227306, June 19, 2017).
Meaning of the term "cooperate"
It means to desire or wish in common a thing. But
that common will or purpose does not necessarily
mean previous understanding, for it can be
explained or inferred from the circumstances of each
case. To cooperate is to help, to aid; and necessarily
presupposes, knowledge of the ultimate purpose in
view (Samson v. Court of Appeals, G.R.. Nos. L-
10364 & L-10376, March 31, 1958).
REQUISITES TO BE LIABLE AS A
PRINCIPAL BY INDISPENSABLE
COOPERATION:
1. Participation in the criminal resolution, that is,
there is either anterior conspiracy or unity of
criminal purpose and intention immediately
before the commission of the crime charged.
a. Requires participation in the criminal
resolution.
b. There must be conspiracy.
c. Concurrence is sufficient.
d. Cooperation is indispensable.
•:.if
2. Cooperation in the commission of the offense by
performing another act, without which it would.
not have been accomplished.
a. Cooperation must be indispensable. ·
b. If the cooperation is not indispensable, the
offender is only an accomplice. .,...
c. If cooperation of one of the accupestG<>nsists
in performing an act ne~sslllry • in the
execution of the crime committed, he is a
principal by direct participatioll (REYES,
Book One, supra at 553-554).
NOTE: The act of the principal by indispensable
cooperation should be different from the a,ct of
the principal by direct participation (Id. at 554).
Collective Criminal Responsibility
This is present when the offenders are criminally
liable in the same manner and to the same extent.
The penalty to be imposed must be the same for all
(REYES, Book One, supra at 556). Once conspiracy
is proven, the act of one is considered the act of all
(People v. Zafra, G.R. No. 225784, February 4,
2019). All conspirators are liable as co-principals
(People v. Aliben, G.R. No. 140404, February 27,
2003), unless one or some of the conspirators
committed some other crime which is not part of the
intended crime · (People v. Valdez, G.R. No. L-
75390, March 25, 1988).
Principals by direct participation have collective
crim.inal responsibility. Principals by inducement,
except those who directly forced another to commit
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a crime, and principals by direct participation have
collective criminal responsibility. Principals by
indispensable cooperation have collective criminal
responsibilities with the principals by direct
participation (REYES, Book One, supra at 556).
Individual Criminal Responsibility
In the absence of any previous conspiracy, unity of
criminal purpose and intentlon 1mmediately before
the commission of the crime, or community of
criminal design, the criminal responsibility arising
from different acts directed against one and the
same person is individual and not collective, and
each of the participants is liable only for the act
committed by him (Id).
Quasi Collective Responsibility
It is between collective and individual criminal
responsibility. It is one where some of the offenders
in the crime are principals and the others are
- accomplices (Id. at 557).
ARTICLE 18
6U
,$'·ff.J __________________ ACCOMPL~ES _
.... fCES
t::.?fet
I' They are Qilil;ons who are not principals but
cooperate i(l't~e;execution of the offense by previous
<.. and simul~n~o~ acts. They are also known as
a. accessory befoi&, the fact (BOADO, Compact
Reviewef, suhra 133).
They kn·· 1minaldesign of the principal and
cooperate knowingly or intentionally in a manner
· h is not indispensable to the commission of the
ki,l.
\/i/;,/
His participation should only be necessary but not ·
indispensable (People v. Villegas, G.R. No. L-16818,
May31, 1961).
Before there could be an accomplice, there must be
a principal by direct participation (ESTRADA, Book
One, supra at 186). The principal originates the
criminal design and the accomplice merely concurs
with the principal in his criminal purpose (REYES,
Book One, supra at 560).
Absent knowledge of the criminal purpose of the
principal, giving aid or encouragement, either
m<;>rally
or materially, in the commission of the crime,
mere presence at the scene does not make one an
accomplice (People v. Toling, G.R. No. L~28548,
July 13, 1979).
In case of doubt, the participation of the offender will
be considered that of an accomplice rather than that
of a principal (REYES, Book One, supra at 558).
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REQUISITES TO BE LIABLE AS 1999).

ACCOMPLICE: (CPR)
1. Community of design which means that the
accomplice knows of and concurs with, the
criminal design of the principal by direct
participation;
The penalty next lower in degree than that
prescribed by law shall be imposed upon ·the
accomplices in the commission of a consummated
felony (RPG, Art. 52). .

2. The Performance by the accomplice of previous ARTICLE 19

or simultaneous acts that are not indispensable
to the commission of the crime (People v.
Maliao, G.R. No. 178058; July 31, 2009); and
NOTE: Mere knowledge of the criminal
resolution only and not concurrence or
participation (REYES, Book One, supra at 560).
3. That there be a Relation between the acts done
by the principal and those attributed to the
person charged as an accomplice (Saldua .':'.':
People, G.R. No. 210920, December 1p, 2018).
NOTE: It is not enough that a person entertains ...
an identical criminal design as that · of the
principal. There must be a relatlqn b~twee,.nthe
criminal act of the principal by directparticipation
and that of the person charg&d as ac,complice
(REYES, Book One, supra at 57;4).
ACCOMPLICE_ANDCON$PIRATORj
DISTINGUISHED
ACCESSORIES
ACCESSORIES
They are those who, having knowledge of the
commission of the crime and without having
participated therein either as principals or
accomplices, take part subsequent to its
commission in any of the following acts:
1. By profiting themselves or assisting the offender
to profit by the effects of the crime;
2 ... By-concealing or destroying the body, effects or
. ·.'instruments of the crime to prevent its discovery;
or
3. By harboring, concealing, or assisting in the .
eseppe of the principal of the crime, provided the
accessory acts'with abuse of his public functions
or whenevet ihe author of the crime is guilty of
trea$on, parricide,. murder, or an attempt to take
the life of the Ohief Executive, or is known to be
habitually guilty.of some other crime (RPG, Art.
19).J
Jhe ci11)le committed 'by the principal must be
proved· beyond reasor,able doubt (REYES, Book
One;•supra at580).

The trial of an accessory can proceed without

awaiting,.the result of the separate charge against
They come to know They know the ~nrni.nal the principal. The corresponding responsibilities of
about the plan after the intention becau$e they the principal, accomplice, and accessory are distinct
principals have themselves · have from each•other. As long as the commission of the
reached the decision, decided upon 'such c,f[.ense can be duly established in evidence, the
and only then do they course of action. · determination of the liability of the accomplice or
agree to cooperate in accessory can proceed independently of that of the
its execution. principal (People v. Bayabos, G.R. Nos. 17'1222 &
174786, February 18, 2015).
As to Decision of C:ommission
The acquittal of the principal must likewise result in
They merely assent to They decide whether the the acquittal of the accessory where it was shown
the plan and cooperate crime should be that no crime was committed in as much as it was
in its accomplishment. committed. the result of an acqident (U.S. v. Mendoza, G.R. No.
7540, September 23, 1912).
As to Participation
Notwithstanding the acquittal of the principal due to
They are merely They are the authors of
the exempting circumstance of insanity or minority,
instruments who a crime.
the accessory may nevertheless be convicted if the
perform acts not
crime was in fact established ( US v. Villaluz, G.R.
essential to the
No. 10726, December 1, 1915).
perpetration of the
offense.
(People v. De Vera, G.R. No. 128966; August 18,

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PAR. 1. PROFITING
. - BY THE EFFECTS
OF THE CRIME
The crime committed by the· principal under this
paragraph may be any crime, provided it is not a light
felony. The accessory must receive the property
from the principal. He should not take it without the
consent of the principal. If he took it without the
consent of the principal, he is not an accessory but
a principal in the crime of theft (REYES, Boqk One,
supra. at 581).
Knowledge of the commission of the crime after
acquisition of stolen property is sufficient (Id. at 579).
The accessory may become a principal if charged
under the special law. In violations of special laws or
crimes ma/a prohibita, the offenders generally are
penalized as principals unless otherwise provided
(BOAOO, supra at 212).
Fencing
The act of any person who, with intent to gain for ·
himself or for another, shall buy, receive, possess,
keep, acquire, conceal, sell or dispose of, or sheaf!
buy and sell, or in any other manner deal in any
article, item, object or anything of value which he
knows, or should be known to him, to. have been
derived from the proceeds of the crime of robbery
and theft (P.O. 1612, otherwise known as "ANT/-
FENCING LAW OF 1979," Sec. 2). . silence is;N01f purishable (U.S. v. Caballeros, G.R.
If the crime is robbery or theft and one bought, sold,
possessed, or in any manner dealt with the [)l'oceeds
which he knew or ·should know are. proceeds of
robbery or theft, he is a principal in the crime of
fencing. But he must be charged with fencing in
another Information, otherwise he is only liable ~s
accessory in the crime of robbery or the~ (BOADQ,
supra at 212).
Mere possession of anything of value which has
been the subject of robbery or theft shall be prima
facie evidence of fencing (P.O. No. 1612, Sec. 5).
Abetting Brigandage
Any person who knowingly and in any manner aids
or protects pirates or highway robbers/brigands,
such as giving them information about the
movement of police or other peace officers of the
government, or acquires or receives property taken
by such pirates or brigands or in any manner derives
any benefit therefrom; or any person who directly or
indirectly abets the commission of piracy or highway
robbery or brigandage, shall be considered as an
accomplice of the principal offenders and be
punished in accordance with the Rules prescribed by
the Revised Penal Code (P.O. No. 532, otherwise
known as "ANTI-PIRACY AND ANTI-HIGHWAY
ROBBERY LAW,"Sec. 4).
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The accessory may also become an accomplice of
brigands if in the crime of brigandage, he profited
from the loot. He should be charged with abetting
brigandage in a separate Information, otherwise he
will only be liable as an accessory (BOAOO, supra
at212).
PAR. 2. CONCEALING THE BODY OF
THE CRIME
The crime committed by the principal under tbis
paragraph may be any crime, provided it is not a light
felony (REYES, Book One, supra at 582).
"Body of the crime" is equivalent to corpus delicti
(Id.).
Corpus Delicti
It is the body or substance of the crime, and, in its
primary sense, refers to the fact that the crime has
been actually committed (Tan v. People, G.R. No.
134298, August 26, 1999). It refers to the fact that a
crime has been actually committed that may be
proved by the testimonies of witnesses (People v.
G.R. f'le. 122110, September 26, 2000).
cOIJ"v!:l,
.i" ;:..·. "·,t,,< .• ::::,-~·>') .
GENERAL tt\JLE: The prescribed acts of the
accessory Yfl~afPar. 2 must have been intended to
prevent th.e.discpvery of the crime; hence, mere
iJ;
,, ,~ No. 1352; Match 29, 1905).
1. If, however, crime involved is conspiracy to
commit treason, his silence may hold him liable
;r,::.>:;';f~r,,Jnisprisionof treason (RPC, Art. 116) but as
•·•·::;';;fz'a~al thereof.
2. Knowingly concealing the evil practices
enumerated in Art. 142 is also punishable as a
principal in Inciting to Sedition (RPC, Art. 142).
PAR. 3. HARBORING, CONCEALING, OR
ASSISTING ESCAPE
The offender to be assisted must be a principal.
Assisting an accomplice is not included (BOAOO,
supra at 213).
TWO CLASSES OF ACCESSORIES
.UNDER PAR. 3:
1. Public officers who harbor, conceal or assist in
the escape of the principal of any crime (not light
felony) with abuse of his public functions; and
Requisites: (PHAC)
-1. The accessory is a f ublic officer;
2. He !:!,arbors, conceals, or assists in the
escape of the principal;
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3. The public officer acts with Abuse of his

public functions; and
4. The crime committed by the principal is any abuse of public
~rime, provided it is not a light felony functions ..
(REYES, Book One, supra at 585).

2. Private persons who harbor, conceal or assist in

the escape of the author of the crime who is The crime committed by The crime committed
guilty of treason, parricide, murder, or attempts the principal must be by the principal is
against the life of the President, or who is known under the RPC. punishable under · any
to be habitually guilty of some other crime. existing penal law,
including the RPC.
Requisites:
1. The accessory is a private person; lf..sto eriminal Liaf>ility
2. He harbors, conceals or assists in the
escape of the author of the crime; and The person who gave The person who gave
3. The crime committed by the principal is assistance is punished assistance is punished
either: (MAP-HaT) as an accessory in the as a principal in the
a. Murder; offense committed by crime of obstruction of
b. Attempt against the life of the President;. the principal. justice.
c. farricide; .(RPG, Art. 19, Par. (3); P.O. No. 1829).
d. That the principal is krfown to be
Habitually guilty of some other crime; or· NOTE: Unlike ln Arts. ·19and 20 of the RPC, P.O.
e. · !reason (Id. at 585-586J: No. 1829 has:
1. No. exemption from criminal liability for
Obstruction of Justice offender's relatiVe,s;
Those who assist the principal to escape may be 2. No qualiffcation as to offender (whether principal
prosecuted under P.O. No. 1829, known as the or accomplice br accessory) in the crime whose
Obstruction of Justice Law, not asaccessory but as favor the obstructing acts were committed; and
principal provided that a separate Information for 3. No distinction between a public officer or private
obstruction is filed (BOAOO, supra-at 213). person who commits the acts prohibited
(BOAOO, Compact Reviewer, supra at 139).
P.O. No. 1829 penalizes the actof any personwho
knowingly or willfully obstructs, impedes, frustrates (Fot further discussion on P.O. No. 1829, see
or delays the apprehension of suspects and the section on Special Pf:1nalLaws).
. .
investigation and prosecution of criminal cases~
ARTICLE 20
It penalizes, inter alia, the act ·of harboring or ·
concealing, or facilitating the escape of arty person
·.. ,AC'9ESSORIES WHO_ARE .
he knows or has reasonable ground to believe or EXEMPT FROM CRIMINAL LIABLITY
suspect, has committed any offense under e'<isting The exemption is based on the ties of blood and the
penal laws in order to prevent his arrest, prosecution preservation of the cleanliness of one's name, which
and conviction. Here, he shall be punished as a compels one to conceal crimes committed by
principal in the crime of obstruction of justice (P.O. relatives so near as those mentioned in this article
No. 1°829,Sec. 1, par. 1(c)). (REYES, Book One, supra at 593).

ART. 19, PAR. 3 AND P.D. NO. 1829, An accessory, by preventing the discovery of a crime
or by assisting the principal to escape, is exempt
DISTINGUISHED
from criminal responsibility if the principal is his,
RPG, An.19, Par. 3 P.D. No. 1829 1. Spouse;_
2. Ascendant;
As to the Crimes Committed 3. Descendant;
4. Legitimate, natural or adopted brother,
The principal who was The person who was daughter, sister; or
assisted committed only assisted committed any 5. Relative by affinity within the same degrees
any of the enumerated crime. (RPG, Art. 20).
felonies (MAP-HaT,
supra) unless the NOTE: Accessories falling within the provisions of
accessory is a public paragraph 1 (profiting) of Art. 19, RPC are not
officer who acts with exempted (RPG, Art. 20).

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REASON: Because such acts are prompled not by TITLE·THREE:

affection but by a detestable greed (REYES, Book
One, supra at 595). If a public officer, with evident
abuse of his office, furnished the means of escape
to his brother who had committed murder, he does
not incur any criminal liability. Ties of blood or
relationship constitute a more powerful incentive
than the call of duty. Furthermore, Art. 20 of RPC
does not grant the benefits of exemption only to
. accessories who profited or helped the offender
profit by the effects of the crime. This is the only case
where the accessory who is related to the offender
incurs criminal liability (Id. at 596).
Art. 332 exempts certain relatives for the crimes of
theft, estafa, and malicious mischief (BOADO,
Compact Reviewer, supra at 140).
PENALTIES
Penalty
It is the punishment imposed by lawful authority
upon a person who commits a deliberate or
r.iegligent act that is inflicted by the State for the
transgression of the law (Id. at 218).
As a general rule, only that penalty prescribed by law
prior to the commission of the felony may be
imposed (RPG, Art 21). Felonies are punishable
under the laws in force at the · time of their
commission (RPG, Art 366).

NOTE: The benefits of the exceptiQn in Art. 20 do NOTE: But as an exception, the penalty prescribed
not apply to P.D. No. 1829. by a law enacted after the commission of the felony
may be imposed, if it is favorable to the offender
(RPG, Art. 22), except if the offender is a habitual
ACCOMPLICE AND ACCESSORY,. criminal under Rule 5 of Art. 62, and the new law is
DISTINGUISHED expressly made inapplicable to pending actions or
Accomplice Accesso!;Y' ~xi'$tingcaus~.s of action (REYES, Book One, supra
a(604). . ~
As to Timig of ll!!aii'ticipation
Three-fold Purpose of Penalty under RPC:
Participates before or Takes part subsequent 1. Retribution or expiation
during the commission to the commission of The perialty is commensurate with the
of the offense the offense gravity ofthe offense;

2. Crirreatiij,i!~t'reformation
Knows the criminal Knows the commission as shown by the rules which regulate the
design of the principal of the offense ,, ,execution of the penalties consisting in
· · .,. 'deprivation of liberty; and

3. Social defense
Provides material or Acts in the three shown by its inflexible severity to recidivists
moral aid in an specific ways in Art. 19 and habitual delinquents (REYES, Book One,
efficacious way but not supra at 598).
in a manner
indispensable to the The State has an existence of its own to maintain, a
offense conscience of its own to assert, and moral principles
to be vindicated. Penal justice must therefore be
As to Liability exercised by the State in the service and satisfaction
of a duty, and rests primarily on the moral
,No exemption from May be exempted from rightfulness of the punishment inflicted (Id.).
liability liability per Art. 19 and
20 and for light felonies Constitutional Restriction on Penalties
under Art. 16 Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted.· Neither
As to Penalty
shall death penalty be imposed, unless, for
One degree lower than Two degrees lower compelling reasons involving heinous crimes, the
the principal's than the principal's Congress hereafter provides for it. Any death penalty
already imposed shall 9e reduced to reclusion
(BOADO, supra at 216). perpetua (CONST., Art. Ill, Sec. 19, par. (1)).

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The employment of physical, psychological, or
. degrading punishment against any prisoner or
detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be
dealt with by law (CONST. Art. Ill, Sec. 19, par. (2)).
CHAPTER ONE:
PENALTIES IN GENERAL
(ARTS. 21-24)
ARTICLE 21
PENALTIES THAT MAY BE IMPOSED
No felony shall be punishable by any penalty not
prescribed by law prior to its commission (RPG, Art,
21). · .. ,
REASON: Because a law cannot b,e' 1'):lt!oriall;t ...•, ..
a
obeyed unless it is first shown, ang man ,ca,gMf be
expected to obey an order that has·tJOtt:)eengiven
(REYES, Book One, supra at g(}fi);. · . ·
NOTE: Article 21 simply announces the policy of the
Government with referenc~ tb,Jhe punisf,ment of
alleged criminal acts. It is a ~uaranty to the citizen of
the State that no act of his W:ill
b~.oohsiderect,criminal
under the Government has; made cit so by: \aw and
has provided a penalty. It (art. 21J> is adeclijr'ation
that no person shall be; subj9ft to 9r!minal
prosecution for any act of his \4ntil after the 'state has
defined the misdemeanor or c~ime arid"has fbceda
penalty therefor (U.S. v. ParrorJ,e, G.R. IY,o.,7038,
[January 7, 1913). · ·c.
ARTICLE 22
RETROACTIVE EFFECT OF PENAL
LAWS
This provIsIon has no direct application to the
provisions of the RPC. Its application to the RPC can
only be invoked where some former or subsequent
law is under consideration.
It must necessarily relate: (1) to penal laws existing
prior to the RPG, in which the penalty was less
severe than those of the Code; or (2) to laws enacted
subsequent to the RPG., in which the penalty is more
favorable to the accused (REYES, Book One, supra
at 601).
GENERAL RULE: Penal. laws are applied
prospectively.
EXCEPTION: When their retrospective application is
favorable to the accused, provided that:
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CRIMINAL LAW I
Criminal Law
1. The offender is NOT a habitual criminal
(delinquent) under Art. 62(5);
Habitual Delinquent
He is a person who, within a period of ten years
from the date of his release or last conviction of
the crimes of (FRETSeL):
a. falsification;
b. Robbery £robo);
c. .§.stafa;
d. !heft (hurto); or
e. Serious or ,bess serious physical injuries, is
found guilty of any said crimes a third time
or oftener (RPG, Art. 62).
2. The new or amendatory law does N~)T provide
against its retrospective application (REYES,
Book One, supra at 604).
J/Vhen a penal statute, substantive and remedial
or. procedural, is favorable to the accused, who
is11otf:i h):lbitual delinquent, the courts shall give
it a r,troacliye application (People v. Gano, G.R.
ivo.'o/34.3T3,);,t3bruary 28, 2001).
Reasoil\fof u\e\exception: The sovereign, in
enacting \a ~b,equent penal law, more
Jc;1v9rablefo1ttie,.a\;cused, has recognized that
the greater"Jseventt of the former law is unjust
(REYES, Bdok One, supra at 604).
''.*
l.f.the refroa¢tive effect of a new iaw is justified,
itshflfl>applf tcrtfiepefendant even if:
, ;'.,."j:'.fie .crime ,fias been committed and
pros§Jcutiongegins;
2. S~rrtence hSs been passed but service has
.not begun;'or
·
.,e'. ,: Tl1ff''6epfence is being carried out (Id. at
,,''\ ~06),,0/
,~TE: This favorable application of laws applies
equally whether the crime violated the RPC or
special penal laws (BOADO, supra at 220).
The retroactive effect of criminal statutes does not
apply to the culprit's civil liability (REYES, Book One,
supra at 606). ·
REASON: The rights of offended persons or
innocent third parties are not within the gift of
arbitrary disposal of the State (Id.).
Criminal Liability under the Repealed Law
Subsists: (RIS)
1. When the provisions of the former law
are Reenacted (REYES, Book One, supra at
610);
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· 2. When the repeal is by !mplication (Id.); or
When a penal law, which impliedly repealed
an old law, is itself repealed, the repeal of the
repealing law revives the prior penal law, unless
, the language of the repealing statute provides
otherwise (Id. at 611).
If the repeal is absolute, criminal liability is
obliterated (Id.at 609).
3. When there is a .§.aving clause (Id. at 609).
When the repeal is absolute, the offense
ceases to be criminal (People v. Tamayo G.R.
No. L-41423, March 19, 1935).
Where a statute changing the jurisdiction of a
court has no retroactive effect, it cannot be
applied to a case that was pending prior to the
enactment of the statute (PNB v. Tejano, Jr.,
G.R. No. 173615, October 16, 2009).
(See also discussion of retroactive effect of penal
laws under the prospective characteristic of criminaf ·
law.)
ARTICLE 23
EFFECT OF PARDON BY.THE
OFFENDED PARTY
GENERAL RULE: Pardon by the qffendl(i party
does NOT extinguish the criminal liability of the
offender.
REASON: A crime committed is an offens,Q;'ijgairtst
the State. Only the Chief Executive •npardpn the
offenders (REYES, Book One, supra at 612). :.
NOTE: In criminal cases, the intervef\tton ofJhe
aggrieved parties is limited to being witne$es for the
prosecution (Id.). ·· ·
Civil liability may be extinguished by the express
waiver of the offended party (Id. at 612; RULES OF
COURT, Rule 111, Sec. 1).
Compromise upon the civil liability arising from an
offense may be had; but such compromise shall not
extinguish the public action for the imposition of the
legal penalty (CIVIL CODE, Art. 2034).
A contract stipulating for the renunciation of the right
to prosecute an offense or waiving the criminal
liability is void (CIVIL CODE, Arts. 1306, 1352,
1409). .
EXCEPTION: Pardon by the offended party will bar
criminal prosecution in the following crimes: (ASR)
1. Adultery and Concubinage (RPG, Art. 344);
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In this jurisdiction pardon fo,. adultery and
concubinage must come BEFORE the institution
of the criminal action .and BOTH offenders must
be pardoned by the offended party if said pardon
is to be effective (Ligtas v. CA, · G.R. No. L-
47498, May 7, 1987).
2. §eduction, Abduction, Acts of
Lasciviousness (RPG, Art. 344); and
Express pardon given by offended party and
her parents or grandparents or guardian.
NOTE: Pardon must be granted not only by the
parent_sof an offended minor but also by the
minor herself iA order to be effective as an
express pardon under Art. 344 of the RPG
(People v. Tadulan, G.R. No. 117407, April 15,
1997).
Pardon must be given prior to the institution of
the criminal action because it is only a bar to
cr1minal prosecution; it is not a ground for the
extinguishment of criminal liability. However,
marriage between the offender and the offended
party, even after the institution of the criminal
action or conviction of the offender, will
· ···-·· the criminal action or remit the
already imposed against the offender,
his co-pdri~ipals, accomplices, and accessories
after th,ii fa~ (People v. Dela Cerna, G.R. Nos.
1368~~-gp{\pctober 9, 2002).
1
!113. B_ap,/(as!am;flded by R.A. No. 8353).
- ·,c:,· , "nt valid marriage between the
:.. !·...,,
&H offe e offended party shall extinguish
,, criminal liability or the penalty imposed. In case
lL ..,,, jt is the legal husband who is the offender, the
i1,1i:{r.·i~~~ql;lent forgivene~s by the wife as the
.,,. •··-•··
· ···affent1eti party shall extinguish the criminal
action or the penalty: provided, that t~e marriage
is NOT void·ab initio (R.A. No. 8353, Sec. 2).
Since rape is now categorized as a crime
against persons, marriage extinguishes the
penal action only as to the principal, i.e. the
husband, but not as to the accomplices and
accessories (REYES, Book Two, supra at 722).
The princ;ipledoes not apply where multiple rape
was committed because while marriage with one
defendant extinguishes the criminal liability, its
benefits cannot be extended to the acts
committed by the others of which he is a co-
principal (Id. at 723).
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CRIMINAL LAW I
Criminal Law

TWO CLA~SES OF INJURIES CAUSED 2. In the absence of a youth detention home, the
BY AN OFFENSE child in conflict with the law may be committed
to the care of:
Social lnju~ Personal lnju~ a. DSWD; or
b. Local rehabilitation center recognized by the
As to mamage laused . government in the province, city, or
municipality" within the jurisdiction of· the
Produced by the Caused to the victim of
court;
disturbance and alarm the crime who suffered
3. Suspension from the employment or public
which are the outcome damage either to · his
office during the trial or in order to institute .
of the offense. person, to his property,
proceedings;
to his honor, or to her
4. Fines and other corrective measures which, in
chastity.
the exercise of their administrative · or
As to Reparation disciplinary powers, superior officials may
impose upon their subordinates; and
Sought to be repaired Sought to be repaired
through the imposition of through indemnity, NOTE: Pars. 3 and 4 refer to administrative
the corresponding which is civil in nature suspension and administrative fines and not to
penalty (Ramos v. (Id.). suspension or fine as penalties for violations of
Ganong, G.R. No. L- the RPC. .
42010, August 31,
1976). A fine is not a penalty under par. 4 because it is
not imposed by the courts (REYES, Book One,
As to lntEtrestof .Ile State . supra at 616).

The State has an The State has no 5. Deprivation of tights and the reparations which
interest in this class of reason to' insist in its the «:rivillaw may establish in penal form (RPG,
injury. payment. Art. 24). .

NOTE: The deprivation of rights established in

penal form by fhe civil laws is illustrated in the
The offended party The qffended party
case of p~rents who, are deprived of their
cannot pardon the may., , wai_ve · lhe
parental authotily if found guilty of the crime of
offender so as to relieve indemnity. -
'corruption Of their minor children, in accordance
him of the penalty.
wifh Art ..'332 of the Civil Code (REYES, Book
(REYES, Book One, supra at 614). One, supra at 616).

ARTICLE 24·· Reasons why they are NOT penalties:

MEASURES OF PREVENTION Ofi
SAFETY WHICH ARE NOT· ,
CONSIDERED PENAL TIES
The following are NOT considered as penalties:
1 . The arrest and temporary detention of accused
persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their
confinement in a hospital.
2. The commitment of a minor to any of the
institutions mentioned in Art. 80 and for the
purposes specified therein.
NOTE: Amended by Sec. 36, pars. 2 and 3 of R.A.
No. 9344 (Juvenile Justice and Welfare Act of 2006)
which provides that:
1. Whenever detention is necessary, a child will
always be detained in youth detention homes
established by local governments, pursuant to
Sec. 8 of the Family Courts Act, in the city or
municipality where the child resides;
1. Th!3Yare not imposed as a result of judicial
proceedings. Those mentioned in paragraphs 1,
3 and 4 are merely preventive measures before
conviction of offenders.
2. The -offender is not subjected to or made to
suffer these measures in punishment for a crime
(REYES, Book One, supra at 615).
NOTE: Preventive and corrective measures are not
penalties. Penalty is always imposed upon
conviction in a criminal case. Preventive measures
take place before conviction while corrective
measures are imposed not in a criminal case
(ESTRADA, Book One, supra at 214).
·Other preventive measures:
1. Commitment of a drug dependent to a center for
rehabilitation or treatment under R.A. No. 9165
(Dangerous DrugsAct of 2002); and
2. Commitment of a child in conflict with the law to
a rehabilitation center pursuant to R.A. No. 9344
(Juvenile Justice and Welfare Act of 2006).

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Sen 8eda UniveolityCollege of Law - RGCTSar OperationsCenter

Corporal (death)
NOTE: Where a minor offender was committed
to a rehabilitation center, and while thus
Deprivation of freedom (reclusion perpetua and
detained he commits a crime therein, he cannot
temporal, prision mayor and correccional, arresto
be considered a quasi-recidivist since his
mayor and menor)
detention was only a preventive measure,
whereas quasi-recidivism presupposes the
Restriction of freedom (destierro)
commission of a crime during the service of the
penalty for a previous crime (REGALADO, supra
Deprivation of rights (disqualification and
at 143).
suspension)

Pecuniary (fine)
CHAPTER TWO:
CLASSIFICATION OF CLASSIFICATION OF PRINCIPAL
PENALTIES PENALTIES
(ARTS. 25-26) Death

Reclusion Perpetua
ARTICLE 25 Reclusion Temporal
Perpetual or temporary
PENAL TIES WHICH MAY BE IMPOSEQ . absolute disqualification
Perpetual or temporary
CLASSIFICATION OF PENAL TIES special disqualification
Prision mayor

Capital Prision correccional

Arresto Mayor
Afflictive
Suspension
Correctional
Destierro
Light
a. Arresto Menor
b. Public Censure
Principal penalties
- those expressly imposed by the court in the ' f1l~~No.
9~46 (An-Act Prohibiting the Imposition
judgment of conviction. · :Of't:>'eattiP'enaltyin the Philippines)
In lieu of death penalty, the following shall be
Divisible imposed:
- those that have fixed duration and are divisible 1. - The penalty of reclusion perpetua, when the'law
into three periods. violated makes use of the nomenclature of the
penalties of the Revised Penal Code; or
Indivisible 2. The penalty of life imprisonment, when the law
- those which have no fixed duration. violated does not make use of the nomenclature
of the penalties of the Revised Penal Code (R.A.
Death No. 9346, Sec. 2).

Reclusion perpetua Persons convicted of offenses punished with

Perpetual absolute or special disqualification reclusion perpetua, or whose sentences will be
Public censure reduced to reclusion perpetua, by reason of this Act,
shall not be eligible for parole under Act 4103,
Accessory penalties otherwise known as the Indeterminate Sentence
- those that are deemed incluc;ledin the principal Law, as amended (R.A. No. 9346, Sec. 3).
penalties.

As to Subject Matter

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CRIMINALLAWI
CriminalLaw

ARTICLE 26
FINE - WHEN AFFLICTIVE, CHAPTER THREE:
CORRECTIONAL OR LIGHT PENAL TY DURATION AND EFFECTS
Fine, whether imposed as a single or as an OFPENl\LTIES
alternative penalty, is:
1. Afflictive
(ARTS. 27-45)
- if such is over P1 ,200,000;
2. Correctional
- if from P40,000 to 1,200,000, or
3. Light penalty SECTION ONE:
- if less than P40,000 (RPG, Art. 26, as amended
DURATION OF PENALTIES.
by Sec. 2 ofR.A. No. 10951, An Act Adjusting
the Amount or the Value of Property and
Damage on Which a Penalty is Based; and the
Fines Imposed under the Revised Penal Code). ARTICLE 27
Bond to keep the peace, by analogy: DURATION OF PENAL TIES
1 . Afflictive
- over P1 ,200,000;
2. Correctional
- P40,000 to P1 ,200,000, or
3. Light penalty
- less than P40,000.
and 1 day to 20
'.to
The law does not permit any ..£ourt il)'lpose ,a
sentence in the alternative, its· duty'b~ng to indicate t .

the penalty imposed definitely ,and positively 8:years and 1 day to 12 years,
(REYES, Book One, supra iit622). ·· ·· ·· · ·except when disqualification
·t ·"'
is accessory penalty, in which
NOTE: Art. 26 merely classifies fmeand hc3~nothing . case its duration is that of the
to do with the definition of light1'elohy ((d. af'{,?2): principal penalty

Where the fine in question is exa~y P200, uqder

Art. 9 it is a light felony, hence the felony involved is months and 1 day to 6
a light felony; whereas under Art.''26, it is a· years, except when
correctional penalty, hence the offense involved is,a suspension is an accessory
less grave felony. It has been held that this penalty, in which case its
discrepancy should be resolved liberally in favor of
duration is that of the principal
the accused, hence Art. 9 prevails over 'Art.·26
penalty
(People .v. Yu Hai, G.R. No. L-9598, August 15,
1956). . 1 day to 6

However, according to Justice Regalado, there is no

such diserepancy. What is really in issue is the
prescription of the offense vis-a-vis the prescription
of the penalty, the former being the forfeiture of the
right of the State to prosecute the offender and the
latter being the loss of its power to enforce the
judgment against the convict.
NOTE: In determining the prescription of crimes,
apply Art. 9 (P40,000 fine is light felony). In
determining the prescription of penalty, apply Art. 26
(P40,000 fine prescribes in 10 years).
1 month to 30 days
The period during which the
bond shall be effective is
discretionary on the court
(RPG, Art. 27).
Although under Art. 27 of the RPC as amended by
RA. No. 7659, reclusion perpetua has a range of
twenty (20) years and one (1) day to forty (40) years,
by nature, the penalty remains· as a single and
indivisible penalty. It cannot be divided into periods
or equal portions (People v. Novio, G.R. No. 139332,
June 20, 2003).

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Temporary disqualification and suspension, when
imposed as accessory penalties, have different
durations - they follow the duration of the principal
penalty (REYES, Book One, supra at 625).
Destierro
Any person sentenced to destierro shall not be
· permitted to enter the place or places designated in
the sentence, nor within the radius therein specified,
which shall be not more than 250 and not less than
25 kilometers from the place designated (RPG, Art.·
87). It is a principal, correctional, and divisible
penalty.
When destierro is imposed:
1. Serious physical injuries or death under
exceptional circumstances (RPG, Art. 247);
2. In case of failure to give bond for goo~ behavior
(RPG, Art. 284);
3. As a penalty for the concubine in concubinage
(RPG, Art. 334); and
4. In cases where after reducing the penalty by one
or more degrees, destierro is the proper penalty
(REYES, Book One, supra at 625). -
Bond to Keep the Peace
Bond to keep the peace is different from bctil bond
which is posted for the provisional releifae of a.
person arrested for or accused of a crimEI(Id. at
639). The period during which the b9nd shat! be
effective is discretionary upon the eourt. This ls·not
specifically provided as a penal,~ for any f~~ony and
therefore cannot be imposed by the court (Id. at
626).
RATIONALE: Art. 21 of the RPC provides that no
felony shall be punishable by any penalty not
prescribed by law prior to its commission;_
EXCEPTION: Bond to keep the peace orfc'>r;good
behavior under Art. 284 is required of a person
making a grave or light threat, but is not required to·
be given in cases involving other crimes (Id.). Also,
bond to keep the peace may be required of any
person against whom a protection order is issued,
under Sec. 23 of R.A. No. 9262, or the Anti-Violence
Against Women and Their Children Act of 2004.
ARTICLE 28
COMPUTATION OF PENAL TIES
RULES FOR THE COMPUTATION OF
PENALTIES: ·
The Director of Prisons or the warden should
compute the penalties imposed upon convicts,
observing the following rules:
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1. When the offender is in prison
The duration of temporary penalties is from
the day on which the judgment of conviction
becomes final.
REASON: Under Art. 24, the arrest and
temporary detention of the accused is not
considered a penalty.
2. When the offender is not in prison
The duration of penalties consisting in
deprivation of liberty is from the day that the
offender is placed at the disposal of judicial
authorities for the enforcement of the penalty.
3. The duration of other penalties
The duration is from the day on which the
offender commences to serve his sentence
(RPG, Art. 28).
If the accused, who was in custody, appealed,
his service of sentence should commence from
the date of the promulgation of the decision of
the appellate court, not from the date the
·udgm of the trial court was promulgated
ook One, supra at 627).
The serJ,l~ of sentence of one in prison begins
only on the, day the judgment of conviction
becomes ifin\1 (Baking v. Director of Prisons,
~.R.:f-.Jo.L-30i64, July 28, 1969).
NALTIES:
te disqualification
special disqualificat4on
Rules on Temporary Penalties:
1. If an offender is under detention, as when he is
undergoing preventive imprisonment, the
duration of temporary penalties is from the day
on which the judgment of conviction becomes
final (REYES, Book One, supra at 627).
2. If an offender is not under detention, because
th_e offender has been released on bail, the
duration is from the day on which the offender
commences to serve his sentence (Id.).
PENALTIES CONSISTING IN
DEPRIVATION OF LIBERTY:
1. Imprisonment
2. Destierro (Id.).
Rules in Penalties consisting in D~privation of
Liberty:
1. When the offender is not in prison, the duration
of penalties consisting in deprivation of liberty is
from the day that the offender is placed at the
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disposal of judicial authorities for the
enforcement of the penalty.
2. If the offender is undergoing preventive
imprisonment, the duration is from the day on
which the offender commences to serve his
sentence and NOT from the day the offender is
placed at the disposal of the judicial authorities
for the enforcement of the penalty.
But the offender is entitled to a deduction of full
time or four-fifths (4/5) of the time of his
detention (RPG, Art. 28).
ARTICLE 29
PERIOD OF PREVENTIVE
IMPRISONMENT DEDUCTED FROM
TERM OF IMPRtSONMENT
as amended by R.A. Nos. 10592, 10592
and 6127, and E.O. No. 214
Preventive Imprisonment
It is the period of detention undergone by an
accused where the crime with which he is charged is
non-bailable or, even if bailable, he is unable to post
the requisite bail. Its purpose is ta prevent the flight
of the accused and his going into hiding (ESTRADA,
Book One, supra at 225-226).
GENERAL RULE: Offenders who have undergone
preventive imprisonment shall be credited in the
service of their sentence with the, full time during
which they have under.gone ·preventive
imprisonment, if the detention prisoner citgrees
voltmtarily in writing aft~r ~ing in{ormed of the
effects thereof and with assistance ·of counsel to
abide by the same disciplinary·rules ir,;pqsed upon
convicted prisoners (REYES, Book One,··supra at
628).
If the detention prisoner does not agree td·6'Qide by
the same disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of his
sentence with four-fifths (4/5) of the time during
which he has undergone preventive imprisonment
(Id.).
NOTE: Under Art. 197 of the Child and Youth
Welfare Code (P.D. No. 603), the youthful offender
shall be credited in the service of his sentence with
the full time he spent in actual confinement and
detention.
EXCEPTIONS:
1. When they are recidwists, . ar have been
previously convicted twice or more
times of any
crime:
2. When upon being s~d for the .execution
of their sentence, they have failed to surrender
voluntarily (ESTRADA, Book One, supra at
227).
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CRIMINAL LAW I
Criminal Law
NOTE: A habitual delinquent is NOT entitled to the
full time or 4/5 of the time of preventive
imprisonment, because a habitual delinquent is
necessarily a recidivist or that at least he has been
"convicted previously twice or more times of any
crime (People v. Tolentino, G.R. No. 48740, August
5, 1942).
No. 2 above refers to convicts who failed to
·voluntarily surrender to serve their penalties under a
final judgment since this is indicative of a greater
defiance ofauthority. It does not refer to failure or
refusal to voluntarily surrender after the commission
of the crime.
The benefit given in Art. 29 does not distinguish
between temporal and perpetual penalties. Thus,
even if the accused is sentenced to life
imprisonment, he is entitled to the full time or 4/5 of
the time of the preventive imprisonment.
The 'credit · in Art. 29 is given in the service of
sentences consisting of deprivation of liberty. Thus,
if the offense for which the offender is undergoing
preventive imprisonment is punishable by
imprisonfllenfor a ~ne, there is no credit to be given
(REYES,, Book,One, ·supra at 630).
Destierro constjtutes deprivation of liberty. It follows
that Art, 29 is. apprtcable when the penalty is
destierro (Id. at 631).
The convict has to be released immediately if the
penalty imposed after trial is less than the full time or
4/5 of the time of thErpreventive imprisonment (Id. at
632).
The accused shall be released immediately
whenever· he has undergone preventive
.imprisonment for a period equal to or more than the
possible maximum imprisonment for the offense
charged (Id.).
If one accused of a crime is punishable by a penalty
from arresto menor to destierro, he should be
released immediately after 30 days from his arrest
and detention, even if the duration of destierro the
maximum penalty to which he may be sentenc~d, is
from 6 months and 1 day to 6 years (RPG, Art. 29,
as amended). ·
RATIONALE: In destierro, the accused sentenced to
that penalty does not serve it in prison. He is free,
only that he cannot enter the prohibited area
specified in the sentence.
Computation of preventive imprisonment for
purposes of immediate release under this paragraph
shall be the actual period of detention with good
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conduct time allowance: Provided, however, that if
the accused is absent without justifiable cause at
any stage of the trial, the court may motu proprio
order the re-arrest of the accused: Provided, finally,
that recidivists, habitual delinquents, escapees, and
persons charged with heinous crimes are excluded
from the coverage of this Act (Id.).
SECTION TWO:
EFFECTS OF THE PENALTIES
ACCORDING TO THEIR
RESPECTIVE NATURE
ARTICLE 30
EFFECTS OF THE PENAL TIES OF
PERPETUAL OR TEMPORARY
ABSOLUTE DISQUALIFICATION
Effects of perpetual or temporary absolute
disqualification:
1. Deprivation of the public offices and
employments which the offender may have held,
even if conferred by popular election;
2. Deprivation of the right to vote in any eiection for
any popular elective office or to be. elected to
such office;
3. Disqualification for the offices or public
employments and for the e~ercise of any of the
rights mentioned; and "·
4. Loss of all rights to retirement pay or other
pension for any office formerly held (RPC, Art.
30).
'C:bf:~ing
Perpetual Absolute Disqualification .
It is effective during the lifetime of the convict and
even after the service of the sentence. · ·
Temporary Absolute Disqualification
It lasts during the term of the sentence, and is
removed after the service of the same.
EXCEPTIONS:
1. Deprivation of the public office or employment;
and
2. Loss of all rights to retirement pay or other
pension for any office formerly held.
A plebiscite is not mentioned or contemplated in Art.
30, par. 2 (deprivation of the right to vote). Hence,
the offender may vote in that exercise, subject to the
provisions of pertinent election laws at the time
(ESTRADA, Book One, supra at 228).
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ARTICLE 31
EFFECTS OF THE PENAL TIES OF
PERPETUAL OR TEIYIPORARY
SPECIAL DISQUALIFICATION
Effects of perpetual or temporary special
disqualification:
1. Deprivation of the office, employment;
profession or calling affected; and
2. Disqualification for holding similar offices or
employments either perpetually or during the
term of the sentence, according to the extent of
such disqualification (RPC, Art. 31).
ARTICLE 32
EFFECTS OF THE PENAL TIES OF
PERPETUAL OR TEMPORARY SPECIAL
DISQUALIFICATION FOR THE
EXERCISE OF THE RIGHT OF
SUFFRAGE
Effects of perpetual or temporary special
disqualification for the exercise of the right of
. suffrage:
J,", Deprive .ij;le offender perpetually or during the
:t\{te~Qf;"' sentence of:
a. The.ht to vote in any popular election for
any public office; or
b. To.-beelected to such office.
2. Not be pe)"mittedto hold any public office during
the period of disqualification (RPG, Art. 32).
Disquaii~t t;!!
1
1 ;
The exclust6tr from the exercise of suffrage or to
hold office must be adjudged a mere disqualification
..,,;~sed for protection and n,otfor punishment. It is
of a privilege, not a denial of right
(People v. Corral, G.R._ No. 42300, January 31,
1936).
PURPOSE: To preserve the purity of elections, one
rendered infamous by conviction of felony or other
·base offenses indicative of moral turpitude is unfit to
exercise such rights (Aratea v. COMELEC, G.R. No.
195229, October 9, 2012).
ARTICLE 33
EFFECTS OF THE PENAL TIES OF
SUSPENSION FROM ANY PUBLIC
OFFICE, PROFESSION, OR CALLING,
OR THE RIGHT OF SUFFRAGE
Effects of suspension from any public office,
profession, or calling, or the right of suffrage:
1. Disqualification from 'holding such office or
exercising such right or calling or right of
suffrage during the term of the sentence; and
2. If suspended from the public office, the.offender
cannot hold another office having similar
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functiohs during the period of suspension (RPG, BOND TO KEEP THE PEACE AND FOR
Art. 33). GOOD BEHAVIOR, DISTINGUISHED
ARTICLE 34 Bond to Keep the Bond for Good
Peace Behavior
CIVIL INTERDICTION
Effects of civil interdiction: ~s to Nature
1. Deprivation of the rights of parental authority or
guardianship of any ward; In the nature of a penalty Not in the nature of a
2. Deprivation of marital authority; and common to afflictive, penalty but merely an
3. Deprivation of the right to manage his property correctional, and light additional obligation
and of the right to dispose of such property by penalties. which the court may
any act or any conveyance inter vivos (RPG, Art. impose upon the
34). accused charged with
either grave or light
But he can dispose of such property by will or threat.
donation mortis causa. The law only mentioned
dispositions inter vivas (REYES, Book One,
supra at 639).

A person imposed with the penalty of civil

interdiction cannot appoint an agentt6 manage
his property because the act of an agentis·the
act of the principal. Thus, the per:;,ory civfny '•May be. given in any Only given in cases of
interdicted is doing indirectly What 'the law case that the
court may grave threats (Art. 282)
prohibits to be done (ES1RADA£.· Bo.of<. One, · determine..· and light threats (Art.
supra at 231). · ·· 283).
Civil interdiction is imposed when the penalty is: (see REYES, Bop~Qrt.e, supra at 639).
1. Death which is not carried but; .;
2. Reclusion perpetua; or . 'ARTICLE 36
3. Reclusion temporal (ld.J.
l
PARO()N; •rs EFFECTS
Effects of pardon by the President:
ARTICLE 35.
1. A pardon stialfriot restore the right to hold public
EFFECTS OF ;~dNO,:Td office or the right df suffrage; and
KEEP THE PEACE,
·~, ·,
Effects of bond to keep the peace: . EXCEP"rlON: When any or both such rights
1. The offender must present two 'sufficient · is/are ,expressly restored by the terms of the
sureties who shall undertake that: • ·pardon. . ·
a. the offender will not commit the offense ··
sought to be prevented; and .· · 2. rrsban
not exempt the culprit from the payment
b. in case such offense be committed, ttieY'Wttl. t>fthe civil liability (RPG, Art. 36).
pay the amount determined by the Court.
2. The offender must deposit such amount with the Limitations upon the exercise of the pardoning
Clerk of Court to guarantee said undertaking; or power:
3. The offender may be detained, if he cannot give 1. The power can be exercised only after
the bond: conviction "by final judgment" (CONST. Art. VII,
a. for a period not to exceed 6 months if Sec. 19);
prosecuted for grave or less grave felony, or 2. Such power does not extend to cases of
b. for a period not to exceed 30 days, if for a impeachment (Risos-Vidal v. COMELEC, G.R.
light felony (RPG, Art. 35). No. 206666, January 21, 2015; CONST. Art. VII,
Sec. 19); and
NOTE: Bond to keep the peace is different from bail 3. No pardon, amnesty, parole or suspension of
bond which is posted for the provisional release of a sentence for violation of election laws, rules, and
person arrested for or accused of a crime. It is regulations shall be granted by the President
imposed as a penalty in threats (RPG, Art. 284). without the favorable recommendation of the
COMELEC (CONST., Art. IX-C, Sec. 5).

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Effect of Grant of Pardon on Principal and

Accessory Penalties
GENERAL RULE: When the principal penalty is
remitted by pardon, only the effect of that principal
p'enalty is extinguished; but not the accessory
penalties attached to it.
May be granted only Can be validly granted
EXCEPTIONS: after conviction by final only before the
1. When an absolute pardon is granted after the judgment of the institution of criminal
term of imprisonment has expired, it removes all accused (Id. at 642). prosecution (Id. at 613).
that is left of the consequences of conviction
(REYES, Book One, supra at 641); and · As to Whom Granted
2. The accessory penalty is extinguished if the
pardon expressly so provides. To any or all of the- In seduction, abduction,
accused (ESTRADA, and acts of
PARDON BY THE CHIEF EXECUTIVE Book One, supra at lasciviousness, it
AND BY THE OFFENDED PARTY, 233). benefits the co-
principals, accomplices,
DISTINGUISHED and accessories.
In adultery and
concubinage, pardon
must include both
offenders (Id.).

As to Whether It Can Be Conditional

Can · extend to any Applies only to crimes
crime, unless otherwise against chastity under May· Zt,e?tl:f,~olute or Cannot validly be made
provided by or subject the RPC and rape(Id.). conditional {lfi{)- if subject to a condition
to conditions in the (Id.).
Constitution or the laws
(ESTRADA, Book One,
supra at 233). ~RTICLE 37
t::·•.:.:>{j;;{.;t'.lh.cCOSTS
As to Effect on Civil Liability
Costs or'atii'if suit
Cannot include civil The.offended party can These are fees and indemnities in the course of the
liability which the waive the· civil liability · ·.. ial proceedings, whether fixed or unalterable
offender must pay (Id. at 642). . ij.ffViously determined by law or regulations
(REYES, Book One, , ot amounts not subject to schedule (RPG,
supra at 642). Art. 37).

As to Extinguishment of Criminal Liability What are included in costs:

Extinguishes criminal Does NOT extinguish
liability_(Id. at 642). criminal liability (Id. at
_642).
Although it may
constitute a bar to the
prosecution of the
of(ender in seduction,
abduction and · acts of
lasciviousness by the
valid marriage of the
victim and the offender,
and in adultery and
concubinage, by the
express or implied
pardon by the offended
spouses (Id. at 613).
1. Fees; and ·
2. Indemnities, in the course of judicial
proceedings (Id.).
Costs are chargeable to the accused only in cases
of conviction. In case of acquittal, the costs are de
officio, meaning each party bearing .his own
expenses (ESTRADA, Book One, supra at 234).
No costs shall be allowed against the Republic of the
Philippines, unless otherwise provided by law
(RULES OF COURT, RULE 142, Sec. 1).
The payment of costs is a matter that rests entirely
upon the discretion of courts (Bacolod-Murcia
Planters' Association, Inc. v. Chua, G.R. No. L-1662,
September 27, 1949).

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· Criminal Law

ARTICLE 38 RULES AS TO SUBSIDIARY PENAL TIES

PECUNIARY LIABILITIES Penalty Imposed Subsidiary Penalty
In case the property of the offender should not be
sufficient for the payment of all his pecuniary Prision Subsidiary imprisonment is
liabilities, the same shall be met in the following correccional or not to exceed 1/3 of the term
order: (RIFC) arresto AND fine of the sentence, and in no
1. The B,eparation of the damage caused. case to continue for more
2. !ndemnification of the consequential damages. than one year. Fraction or
3. Thefine. part of a day, not counted.
4. The fasts of proceedings (RPG, Art. 38).
Fine only Subsidiary imprisonment:
The courts cannot disregard the order of payment 1. not to exceed 6 months
(REYES, Book One, supra at 645). - if the culprit is
prosecuted for grave or
ARTICLE 39· less grave felony
2. not to exceed 15 days
SUBSIDIARY PENAL TY - if prosecuted for light
as amended by R.A. No. 10159 · felony
Subsidiary Penalty
A subsidiary personal liability to be suffered bythe ·Higl]er than prision No subsidiary imprisonment.
convict who has no property with which to meet the porredcional
;...._........,__ .;....,_
__ _... _________ ---i
fine (Id. at 646). · .
New Basis for Daily Computation of Subsidiary · If ,, th~. / pi:malty Subsidiary penalty shall
Penalty . ,· .... , · ..... impo~8 is'.nof·Jo consist in the same
He shall be subject to a subsidic"if)'J,>ersonafliabiHty oe executed ...by deprivations as those of the
at the rate of one day for each amount equjvalent to confinement,-1:)atof' principal penalty, under the
the highest minimum wage rate prevailiqg in the fixed duratbn. 'same rules as nos. 1, 2 and
Philippines at the time of the rendition of judgment of S above.
conviction by the trial court.
.In case the financial circumstances of the convict
NOTE: R.A. No. 10159 am~nd~d t,he previous rate ·should improve, he shall pay the fine,
of one (1) day for each eight (8) pesos {ESTRADA, notwithstcinding; the ,tact that the convict suffered
Book One, supra at 235). · · · S!,.lbsidiary:perimal lia,ility therefor.
,,, . ··.... ··,, ':: /

Subsidiary penalty shall be propet only Jf the
accused has no property with which to paythe fine
and not as·a matter of choice on his part by ep,tir'lgto
go to jait instead of paying (Fulton Iron ,WQr[ts v.
Schwarzkopf, G.R. No. 45365, April 12, 1939).. ·
When· the penalty prescribed for the offense is
imprisonm~nt, it is .fhe penalty actually imposed by
· the Court, ·not the' penalty provided for by the Code,
which should be considered in determining whether
or not sub$idiary penalty should be imposed.

Subsidiary imprisonment must be stated in''··ttre
judgment finding him guilty, or else it is clear that the
court could not legally compel him to serve said
subsidiary imprisonment without violating the RPC
and constitutional provision on due process. Thus,
an accused who ·has been sentenced by final
judgment to pay a fine only and is found to be
insolvent and could not pay the fine for this reason,
cannot be compelled to serve the subsidiary
imprisonment under Article 39 (People v. Alapan,
G.R. No. 199527, January 10, 2018).
·· "Tll~'~ame depri~ations as those of which the
principal penalty consists"
If the penalty is imprisonment, the subsidiary penalty
must be imprisonment also. If the penalty imposed is
destierro, the subsidiary penalty is also destierro. If
the penalty imposed is suspension, the subsidiary
penalty is also suspension (ESTRADA, Book One,
supra at 240).
No subsidiary penalty shall be imposed where:
1. The penalty imposed is higher than prision
correccional or 6 years;
2. For failure to pay the reparation of the damage
caused, indemnification of the consequential
damages, and the costs of proceeding;
3. Where the penalty imposed is a fine and a
penalty not to be executed by confinement in a
penal institution and without fixed duration, like
censure (REYES, Book One, supra at. 648);

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4. Additional penalty for habitual delinquency b. Perpetual Special Disqualification from

should be included in determining whether or not suffrage, if the duration of imprisonment
subsidiary penalty shouldbe imposed (People v. exceeds 18 months, unless expressly
Concepcion, G.R. No. 40620, February 17, remitted in the pardon of the principal
1934); penalty.
5. The subsidiary penalty, though . properly 5. Arresto
imposable is not expressly stated in the - suspension of the right to hold office and the
judgment; and right of suffrage during the term of the sentence
6. For non-payment of taxes in case of insolvency (RPG, Art. 40-44).
(People v. Balagtas; G.R. No. L-10210, July 29,
1959). NOTE: The Code does not provide for any
accessory penalty for destierro.
NOTE: The rules on subsidiary penalty in Art. 39 are
applicable to crimes punishable by special laws by RECLUSION PERPETUA AND LIFE
force of Art. 10 of the RPC. IMPRISONMENT, DISTINGUISHED
"Subsidiary imprisonment can not be imposed in a Reclusion :Petf/efua life Imprisonment
case where the principal penalty imposed is not
confinement in a penal institution or a censure, fine, As to Where Imposable
or caution (U.S. v. Torres, G.R. No. 4671, November
21, 1908). If the principal penalty imposed is not to Imposable on felonies Imposable on crimes
be executed by confinement in a penal institution, punished by the RPC. punishable by special
but such penalty is of fixed duration, the convict, laws.
during the period of time established in the· .
preceding rules, shall continue to suffer the same As to Duration
deprivations as those of which the principal penalty
consists (Art. 39, par. 4, as amended).
Ha;;a ·$p$effic duration Has no definite term.
of 20 years and1 day to
40 years. ··

As to Accesso~ lenalty
SECTION THREE:
PENALTIES IN WHJCH OTHER it Does not carry with it
ACCESSORY PENALTIES ARE accessory penalties.
INHERENT

ARTICLES 40-44
OUTLINE OF ACCESSORY PENAL TIES
INHERENT IN PRINCIPAL PENALTIES
1. Death, when not executed ·by reason of
commutation or pardon:
a. Perpetual absolute disqualification; and
b. Civil interdiction during 30 years, if not
expressly remitted in the pardon.
2. Reclusion perpetua and reclusion temporal:
a. Civil interdiction for life or during the
sentence; and
b. Perpetual absolute disqualification, unless
expressly remitted in the pardon of the
principal penalty.
3. Prision mayor:
a. Temporary absolute disqualification; and
b. Perpetual special disqualification from
suffrage, unless expressly remitted in the
pardon of the principal penalty.
4. Prision correccional:
a. Suspension from public office, profession or
calling; and
MGati<>nof Distinction
J'.J~· prescribed by the Dangerous Drugs Act
is life imprisonment, not reclusion perpetua, which
carries accessory penalties that the former does not
(People v. Labarias, G.R. No. 87165, January 25,
1993).
NOTE: It is only when death penalty is not executed
by reason of commutation or pardon that· the
accessory penalty provided for in Art. 40 of the RPC
shall be suffered by the convict (REYES, Book One,
supra at 658). ·
ARTICLE 45
CONFISCATION AND FORFEITURE OF
THE PROCEEDS OF THE CRIME
Rules in the confiscation and forfeiture of the
proceeds of the crime:
1. Every penalty imposed carries with it the
forfeiture of the proceeds of the crime and the
instruments or tools used in the commission of
the crime;

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NOTE: There can be no forfeiture when there is

no criminal case yet filed (Philips v. Municipal
Mayor, G.R. No. L-9183, May 30, 1959). CHAPTER FOUR:
2. The proceeds and instruments or tools of the APPLICATION OF
crime are confiscated and forfeited in favor of the PENALTIES
Government;
(ARTS. 46-72)
3. Property of a third person not liable for the ·
offense is not subject to confiscation and
forfeiture; and
SECTION ONE:
NOTE: The statement prevails notwithstanding RULES FOR APPLICATION OF
the fact that the third person who is the owner of
the property could have been convicted if
PENALTIES TO THE PERSONS
indicted with the accused (REYES, Book One, CRIMINALLY LIABLE AND FOR
supra at 660). THEGRADUATIONOFTHESAME
4. Property not subject of lawful commerce
(whether it belongs to the accused or toJbird
person) shall be destroyed. · ARTICLE 46
',: P,tfiAl.JY TO BE IMPOSED UPON
The confiscation and forfeiture of the' pioc~eds ano·. A • !f?Rl~CIPALS IN GENERAL
instruments of a crime is an ~G~~soty ,penalty: .. ··••.GENE~L..RVC:E:\The penalty prescribed by law in
.Thus, where the penalty impos~ J:lic:f'"et},mcJude1fi'e .general: tefnis .~hati~.e imposed upon the princiapls
confiscation of the property;,' th~·•cgrifisqation qr for a consumq,~ec:1felony.
forfeiture of the property w,puld oefan ~dditional
penalty and would tantamo1i1tJo arr increase of Jt:ie EXCEPTION: whJn the penalty to be imposed upon
penalty already imposed,· Jher~y pla~ing .. the theprinqpal in ft;ustraie~ or attempted felony is fixed
accused in double jeopardy (Pe1p1e v. '$anchez, bylaw.·, · "
G.R. No. L-9768, June 21, f9.57t' · ·· · - ~ '

:.

-.,~\!
(
'i( >, .
.,
-~
Articles which are forfeite~,· the ~ordrr or
forfeiture is already final, caririof be f/Elturnedeveoin
case of an acquittal (Commlssioner'b,f Customs v.
Encarnacion, G.R. No. L-7598, ..July26>1954).
~ h .
.• . ,
'%
The provisions of Art. 45 cann~f'apptr:v,~e11( . . ..
1. The instruments belong to innocent.th1rc:fipa~ies;·
2. Such properties have not been placeti µndef the
jurisdiction of the court because they most b~
presented in evidence and identified in judgment
(PDEA v. Brodett, G.R. No. 196390, September
28, 2011); or · mitigating circumstances attend the commission
3. When it is legally or physically impossible.
The failure of the prosecution to prove the seizure of
marijuana without a warrant was conducted in
accordance with the "plain view doctrine,-"The Court
held that the marijuana is inadmissible in evidence
against_ accused-appelant. However, the
confiscation of the drug must be upheld. (People v.
Salanguit, G.R. No. 133254-55, April 19, 2001).
Gractuatiort
of .~en.jllti~s:
1. Sy/degrees .
, -. refers to/ ,
, /a.·· Sta,~s of;1; execution (consummated,
frustrated, pr attempted); and
b. , Degree of the criminal participation of the
~ . -offender' (whether as principal, accomplice,
.. ,,"\ ~.or,~essory).
?" f:Jy.1'9riods
· ·"•:' maximum, medium and minimum
refers to the proper period of the penalty
which should be imposed when aggravating or
of the crime (REYES, Book One, supra at 665).
. ARTICLE 47
CASES WHEREIN THE DEATH
PENAL TY SHALL NOT BE IMPOSED
This provision is no longer of any force or effect
because the substantive provisions thereof being
inconsistent with R.A. No. 9346, An Act Prohibiting
the Imposition of Death Penalty in the Philippines
(ESTRADA, Book One, supra at 247), while the
procedural measures are superseded by the present
Revised Rules of Court.

The penalty of reclusion perpetua without eligibility

for parole should be imposed in lieu of death penalty,

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AID
of Law - RGCTBar OperationsCenter
pursuant to Section 3 of R.A. No 9346 (People v.
Descartin, Jr., G.R. No. 215195, June 7, 2017).
ARTICLE 48
'COMPLEX CRIMES
COMPLEX CRIMES UNDER ARTICLE 48
It is one where.a single act constitutes two or more
grave of less grave felonies or where an offense is a
necessary means for committing the other
(ESTRADA, B?ok One, supra at 248).
Concept
1. In complex crime, although 2 or more crimes are
actually committed, they constitute only one
crime in the eyes of the law as well as in the
conscience of the offender.
2. The offender has only one criminal intent, hence
there is only one penalty imposed for the
commission of a complex crime (People v.
Mercado, G.R. No. 218702, October 17, 2018) . •.
NOTE: When in obedience to an order several .
accused simultaneously shot many persons, without·•
evidence how many are killed, there is only a sing1e
offense, there being a single criminal L impulse
(People v. Lawas, G.R. No. L-7618-2/J:r-June 30,
1955).
The accused are criminally liable for as many
·offenses resulting froryi pressio;. the trigger of the
automatic armalites (People v.:senohez; •·GR. No.
131116,-August 27, 1999).
One information should be filed when a complex
crime is committed (People v. Estipon&, G.R No.
46978; November 14, 1940).
Two kinds of complex crimes:
1. Compound Crime (delito compuesto)
a single act constitutes two or more grave or
less grave felonies (ESTRADA, Book One,
supra at 248-249r
Requisites of compound crime:
1. That only a single act is performed by the
offender.
2. That the single act produces:
a. Two or more grave felonies;
b. One or more grave and one or more less
grave felonies; or
c. Two or more less grave felonies
(REYES, Book One, supra at 672-673).
Light felonies produced by the same act should
be treated and punished as separate offenses or
may be absorbed t;>ythe grave felony (Reodica
v. Court of Appeals, G.R. No. 125066, July 8,
1998).
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When the crime is committed by force or
violence, slight physical injuries are absorbed
such as in direct assault and rape. The slight
physical mJunes are the necessary
consequence of the force or violence inherent in·
the crime of rape (People v. Apiado, G.R. No.
31075, August 12, 1929).
Art. 48 speaks of two or more grave or less
grave felonies resulting from a single act. One of
two offenses charged in the same information
being punishable under the Penal Code and the
other being punishable under an ordinary act of
the Legislature, the two offenses are separate
and distinct, and cannot be treated as a complex
crime (People v. Araneta, G.R. No. 24622,
January 28, 1926).
Illustrations of compound crimes:
1. When a single bullet successively killed two
victims (People v. Caldito, G.R. Nos. 78432-
33, February 9, 1990).
2. The killing of one victim and the wounding of
another arising from the accused's single
0 y ig
;:::;;tt1~ii\Ftt
11 hacking the first victim (People v.
, G.R. No. 112445, March 7, 1996);
The.s,r,gle act of throwing a grenade atone
. per:sci[)1injuring others (People v. Guillen,
G,k. t,Jo\,1--1477,January 18, 1950).
NOTi: Wt,eri':several ·victims died from several
shot,t, th.. crimes of homicide or murder are
·· · ct (People v. Gaffud Jr., G.R.
ptember 19, 2008).
libel, there are as many crimes of libel as there
aersons libeled provided that the persons
MJ·11respecified and identified (People v. def
Rosario, G.R. No. L-2254, April 20, 1950).
2. Complex Crime Proper (delito complejo)
an offense is_ a necessary means for
committing the other. The first offense must be
consummated (ESTRADA, Book One, supra at
251).
Requisites of complex crime proper:
1. That at least two offenses are committed;
2. That one or some of the offenses must be
necessary to commit the other; and
NOTE:The phrase "necessary means" has
been interpreted not to mean indispensable
means, because if it did, then the offense as
"necessary means" to commit another would
be an indispensable element of the latter
and would be an ingredient thereof
(Intestate Estate of Vda. de Carungcong,
G.R. No. 181409, February 11, 2010).
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3. That both or all of the offenses must be
punished under the same statute (REYES,
Book One, supra at 681).
Examples of complex crime proper: ·
1. Complex crime of estafa through falsification
of public documents;
NOTE: There is no complex crime of estafa
thru falsification of private document as both
crimes require damage as an element which
if used for one renders the other incomplete,
hence the query is as to which crime was
committed first.
If the falsification of a private. document is
committed as a means to commit estafa, the
proper crime to be charged is falsification. If
the estafa can be committed without the -·
necessity of falsifying a document the
proper crime to be charged·· is est., 9 fa
(Batu/anon v. People, GJ?. No. 139857,
September 15, 2006).
2. Complex crime of forcib!Ef abduction with
rape;
The crime of forcible abduC,tionwith rape. is
a complex crime Sthat occurs when the
abductor has camatst<nbwledge\ of the
abducted woman under: the Yfollowing
circumstances: (1 f bf' ;t1sing.Cforc:e or
intimidation; (2) wnen . the womart is
deprived of reason or otherwise
unconscious; and (3) when ttte woman is
under 12 years of age or is deplented ..
However, where the main objective·ot the
culprit for the abduction of the ylctimofrape
was to have carnal knowledg~ of her, he
could be convicted only of rape (PeOple...v,.
Domingo, G.R. No: 225743, June 7, 2017).'
Subsequent acts of intercourse, after
forcible abduction with rape, are separate
acts of rape for_even while the first act of
rape was being performed, the crime of
forcible abduction was already
consummated, so that each of the three
succeeding rapes cannot be complexed with
forcible abduction (People v. Jose, No. L-
28232, February 6, 1971).
No complex crime in the following cases:
(C 21STA)
1. In case of ~ontinuous crimes;
2. When one offense is committed to ~onceal
the other;
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CRIMINALLAWI
Criminal Law
3. When the other crime is an Indispensable
part or an element of the other offenses;
NOTE: There is no complex crime of
rebellion with murder, arson, robbery, or
other common crimes because these
common crimes are mere ingredients of the
crime of rebellion, as means "necessary" for
the perpetration of the offense (Enrile v. ·
Salazar, G.R:No. 92163, June 5, 1990).
4. Where one of the offenses is penalized by a
~pecial law;
5. When the provision provides for a Iwo-
tiered penalty, e.g.· usurpation of property
(RPG, Art. 312), malicious procurement of a
search warrant (RPG, Art. 129), bribery
(RPG, Art. 210 par. 1), maltreatment of
prisoners (RPG, Art. 235); and
6. Arson with (multiple) homicide.
Accordingly, in .cases where both burning
a'nddeath Occur, in order to determine what
crime ,(crimEJS)was (were) perpetrated -
Whether arson, murder, or homicide/murder
and ar'sdn; it is de rigueur to ascertain the
main objective bf the malefactor:
a. If the main objective is the burning of
the : l:>Uittlingor edifice, but death
· res~lts by reason or on the occasion of
arsori;' tffoCcrime is simply arson, and
the resultirig homicide is absorbed;
b. I( on thei>ther hand, the main objective
1s to kiU;a particular person who_may
a
be in building or edifice, when fire is
resorted to as the means to accomplish
such goal the crime committed is
murder only; and
c. If the objective is, likewise, to kill a
particular· person, and in fact the
offender has already done so, but fire is
resorted to as a means to cover up the
killing, then there are two separate and
distinct crimes committed
homicide/murder and arson (People
v. Malngan, G.R. No. 170470,
September 26, 2006).
NOTE: Art. 48 is intended to favor the accused.
REASON: The offender is deemed less peryerse
than when he commits said crimes thru separate and
distinct acts (People v. Hernandez, G.R. No. L-6025-
26, July 18, 1956).
In complex crimes, the penalty for the most serious
crime shall be imposed, the same to be applied.in its
maximum period (RPG, Art. 48).
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\ I
MEM✓Q~Y AID
San Seda UniversityCollege of law - RGCTBar Operations Center
When two crimes produced by a single act are
respectively within the exclusive jurisdiction of two
courts of different jurisdiction, the court of higher
jurisdiction shall try the complex crime (Angeles v.
Jose, G.R. No. L-6494, November 24, 1954).
If different crimes resulting from one single act are
punished with the same penalty, the penalty for any·
one of them shall be imposed, the same to be
applied in the maximum. period (REYES, Book One,
supra at 691).
· When 2 felonies constituting a complex crime are
punishable by imprisonment and fine, respectively,
only the penalty of imprisonment should be imposed
(Id. at 692).
REASON: Fine 1s not included in the list of penalties
in the order of severity, and it is the last in the
graduated scales in Art. 71 of the RPC.:.(REYES,
Book One, supra, 693, citing People v. Yongco, C.A-
G.R. No. 18252-CR, January 26, 1977).
When a complex crime is charged and one offense
is not proven, the accused can be convicted of the.·
other (People v. Maribung, G.R. No. L-47500, April
29, 1987).
Art: 48 does not apply to acts penalized under
Art. 365, RPC
Art. 48 is a procedural devJ.ce.allowing single
prosecution of multiple felonies falling under either of
two categories:
1. When a single act constitutes twoor·more grave
or less grave felonies (thus excluding from its
operation light felonies); and
2. When an offense is a necessary means for
committing the other. The legislature:crafted this
procedural tool to benefit the accused who, in
lieu of serving multiple penalties, will only serve
the maximum of the penalty for the most serious
crime.
In contrast, Art. 365 is a substantive rule penalizing
not an act gefined a~ a felony but "the mental attitude
xxx behind the act, the dangerous recklessness, lack
of care or foresight xxx," a single mental attitude
regardless of the resulting consequences. Thus, Art.
365 was crafted as one quasi-crime resulting in one
or more consequences. Art. 48 is incongruent to the
notion of quasi-crimes under Art. 365. It is
conceptually impossible for a quasi-offense to stand
for (1) a single act constituting two or more grave or
less. grave felonies; or (2) an offense which is a
necessary means for committing another.
This ruling secures for the accused facing an Art.
365 charge a stronger and simpler protection of their
constitutional right under the Double Jeopardy
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Clause. True, they are thereby denied the beneficent
effect of the favorable sentencing formula under Art.
48, but any disadvantage thus caused is more than
compensated by the certainty of non-prosecution for
quasi-crime effects qualifying as "light offenses" (or,
as in this case, for the more serious consequence
prosecuted belatedly). If it is so minded, Congress
can re~craft Art. 365 by extending to quasi-crimes
the sentencing formula of Art. 48 so that only the
most severe penalty shall be imposed under a single
prosecution of all resulting acts, whether penalized
as grave, less grave or light offenses. This will still
keep. intact the distinct concept of quasi-offenses
(lv/erv. San Pedro, G.R. No. 172716, November 17,
2010).
When rules under Art. 48 are NOT applicable:
1. When the crimes subject of the case have
common elements; ·
2. When the crimes involved are subject to the rule
of absorption of one crime by the other;
3. Where the two offenses resulting from a single
act are specifically punished as a single crime,
such as less serious physical injuries with
serious .$lander of deed, since this is punished
:, c;:i;{F~~rM:265,Par. 2, as the single crime of less
setiBti~tpfiysical injuries with ignominy; .
4. In special'oomplex crimes or composite crimes;
and
·, 5. When, the drimes involved cannot be legally
complexed, vfrz.:
a. Malicious obtention or abusive service of
· $a,:r,tit,t (Art. 129) with perjury;
b. r•.· ';{:('A'rl.
210) with infidelity in the
custody of prisoners;
" . c. Maltreatment of prisoners (Art. 235) with
,{;:;i\f ;Ji/;, ,$€lfiOUSphysical injuries;
<n>: Et,:··;\:Jsdrpation of real rights (Art. 312) with
serious physical injuries; and
e. Abandonment of persons in danger (Art.
275) and crimes against minors (Arts. 276 to
278) with any other felony (ESTRADA, Book
One, supra at 259).
SPECIAL COMPLEX CRIMES
These are crimes which are treated as · single
indivisible offense although comprising more than
one specific crime and with a specific penalty.
-
These refer to two or more crimes that the law treats
as a single indivisible and unique offense for being
the product of a single criminal impulse (People v.
Broniola, G.R. No. 211027, June 29, 2015).
Examples of special complex crimes:
1. Rape with homicide;
The homicide must always be consummated,
otherwise, there shall be separate charges for
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the act of rape and the act of homicide. The rape
may either be consummated or attempted.
NOTE: RA No. 8353 provides that when the .
rape is attempted and a homicide is committed
by reason or on the occasion thereof, the penalty
shall be reclusion perpetua to death.
When by reason or on the occasion of the rape,
homicide is committed, the penalty shall be
death. The legislc3tive intent on the import of the
phrase on the occasion of the rape to refer to a
killing that occurs immediately before or after, or
during the commission itself of the attempted or
_consummated rape, where the victim of the
homicide may be a person other than the rape
victim herself for as long as the killing is linked
to the rape, became evident (People v.
Villaflores, G.R. No. 184926, April 11, 2012).
In the special complex crime of rape with
homicide,· ·the term "homicide'> is to·. b~
understood in its generic sense", and \ncl1Jdes
murder and slight physical injuries corm:nitted by
reason or on occasion of the rape.,,Hence,,eVen
if any or all of the circumstirnces (treachery,
abuse of superior strength ; and} evident
premeditation) alleged in the information have
been duly established by the prosecution, the
same would not qualify the killing to m~rder and
the crime committed is still rape with homicide
and the circumstance is to be considered as a
generic aggravating circumJtc:\I\Ceonly (F?eople
v. Jugueta, G.R. No. 202124, April 5, 2016}.
2. Kidnapping for ransom with hontifide;
Citing People vs. Mercado; if the persor'l
kidnapped is killed in the course of.the dstehtion,
regardless of whether the killing wal'hpurposely
sought or was merely an afterthought, th§
kidnapping and murder or homicide can no
longer be complexed under Art. 48, nor be
treated as separate crimes, but shall be
punished as a special complex crime under the
last paragraph of Art. 267, as amended by RA
No. 7659 (whwwen victim is killed or dies as a
consequence of detention), as amended by RA
No. 7659 (People v. Diana/do, G.R. No. 207949,
July 23, 2014).
3. Kidnapping with rape;
For the crime of kidnapping with rape, the
offender should not have taken the victim with
lewd designs, otherwise, it would be a complex
crime of forcible abduction with rape (People v.
Mirandilla Jr., G.R. No. 186417, July 27, 2011).
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CRIMINAL LAW 1·
CriminalLaw
4. Robbery with' homicide;
Additional homicide is not aggravating.
- A conviction requires certitude that the robbery
is the main purpose, and the objective of the
malefactor and the killing is merely incidental to
the robbery. The intent to rob must precede the
taking of human life but the killing may occur
before, during or after the robbery. What is
crucial for a conviction for the crime of robbery
with homicide is for the prosecution to firmly
establish the offender's intent to take personal
property before the killing, regardless of the time
when the homicide is actually carried out
(People v. Domasig, G.R. No. 217028, June 13,
2018).
Homicide is said to have been committed by
.. reason or on occasion of robbery if, for instance,
ifwas committed: (a) to facilitate the robbery or
th~ escape of the culprit; (b) to preserve the
. possession by the culprit of the loot; (c) to
prevent ~iscovery of the commission of the
rob.bery; or (d) .to eliminate witnesses in the
commission otthe crime (People v. Balute, G.R.
No. :212932, January 21, 2015).
It is immaterial that the death would supervene
by n'lere acdident; or that the victim of homicide
is other than: the ylctim of robbery, or that two or
more persons are lilled,_ or that aside from the
homicide, /rape,.• intentional mutilation, or
usurpation of aut~rity, is committed by reason
· or•. on tt:re occa~ion of the crime. Likewise
immaterial is the fact that the victim of homicide
is one. of the robbers; the felony would still be
robbery>with homicide (People v. de Leon, G.R.
N@.179Q.43, June 26, 2009).
:;, Robbery with rape;
Additional rape is not aggravating.
The crime of robbery with rape is a special
complex cr.ime penalized under A.rt. 294 of the
RPC, as amended by Sec. 9 of R.A. No. 7659.
In People v. Evangelio, et al., the Supreme Court
ruled that for .a qonviction of the crime of robbery
with rape to stand, it must be shown that the
rape was committed by reason or on the
occasion of a robbery and not the other way
around. Thus, to be convicted of robbery with
rape, the following elements must concur: (1) the
taking of personal property is .committed with
violence or intimidation against persons; (2) the
property taken belongs to another; (3) the taking
is characterized by intent to gain or animus
lucrandi; and (4) the robbery is accompanied by
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MEM:Q-RY
AlD
San 8eda University College of Law - RGCT BarOperatione Center

rape (People v. Bringcu/a, G.R. No. 226400, CONTINUOUS CRIME

January 24, 2018). It is a single crime, consisting of a series of acts, but
all arising from one criminal resolution. Length of
Art. 294 of the RPC does not distinguish whether time in the commission is immaterial (REYES, Book
the rape was committed before, during or after One, supra at 698).
the robbery; it suffices that the robbery was
accompanied by rape (People v. Romobio, G.R. NOTE: When the series of acts constitute crimes
No. 227705, October 11, 2017). that are entirely different and distinct from each
other, the perpetrator of such acts shall be punished
COMPLEX CRIMES AND SPECIAL for the separate crimes (Id. at 705).
COMPLEX CRIMES, DISTINGUISHED
A continued/continuing crime is not a complex crime
Complex Crimes Special Complex
because the offender in continued/continuing crime
Grimes
does not perform a single act, but a series of acts,
As to Composition and one offense is not a necessary means for
committing the other (Id. at 701).
The combination is not The combination of the
specified but it is offenses is fixed by law. In determining venue, a continued, continuous or
expressed in general continuing crime is different from a transitory crime
terms, that is, grave (moving crime) - in the latter case, criminal action
and/or less grave; or may be instituted and tried in the court of the
one offense being the municipality, city or province wherein any of the
necessary means to essential ingredients thereof took place (Id. at 702).
.commit the other.
tg:l•~~JratiomWhen the accused and his companions
1
As to Penalty ? Ir'nflm~toicib
only the gas station, which they did,
but in the pff)cess, also took away by force the
The penalty is for the The penalty for the money and £,~~ables of the employees of the said
most serious offense in specified combination of gas stationl if ~s held that the accused was g1,1ilty
the maximum period. crimes is specified." of ·only one count of robbery with homicide. In
robbery With flomicide, there are series of acts, born
As to Crimes Charged from ope,qrird ' 9Jution, which is to rob (People
111f1itif{
v. De 'i. JY179943;June 26, 2009).
If there is more than There is just one .,,,,:>,a·::::·,
one count of the composite crime to be ·
component crime charged, even if there is , REAL OR MATERIAL PLURALITY AND
forming part of the more than one count of :Jl'i'.iti:l'QNTINUED
CRIME, DISTINGUISHED
complex crime, the first the component crime /iii
shall be complexed such as severaf rapes' or Real or M~terial Continued Crime
l?lurahty
while the other counts several hofhicides
niay be · treated as accompanying the There is a series of acts performed by the
separate crime. kidnapping. offender.
As to Absorption As to Number of Crimes
If a light felony If a light felony Each act performed by T.hedifferent acts
accompanies the .accompanied the the· offender constitutes constitute only one
commission of the comm1ss1on of the a separate crime, each crime, all of the acts
complex crime, the composite offense, such act is generated by a performed arise from
light felony may be light felony is absorbed. criminal impulse. one criminal resolution.
subject to separate
information. (REYES, Book One, supra at 702).

As to Governing Law

Penalized by two Penalized in a single

prov1s10ns of law in provision.
relation to Art. 48.
(BOADO, supra at 267-268).

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ARTICL.E49
PENAL TY TO BE IMPOSED UPON THE
PRINCIPALS WHEN JHE CRIME
COMMITTED IS DIFFER.ENT FROM
THAT INTENDED
Rules on penalty when crime committed is
different from that intended:
1. If the penalty for the felony committed be higher
than the penalty for the offense whioh the
accused intended to commit, the lower penalty
shall be imposed in its maximum period.
2. If the penalty for the felony committed ~e lower
than the penalty for the offense which the
accused intended to commit, the lower penalty
shall be imposed in its maximum period.
Art. 49 shall not be applicable if the acts committed
by the guilty person shall constitute an attempt or
frustration of another crime, if the law prescribes a
higher penalty for either of the latter offenses, in
which case the penalty provided for the att~mpteq or
frustrated crime shall be imposed in its maximum
period (RPG, Arl. 49). .
It applies only to cases of error inp~r~onae,1 and the
penalty for the crime committed is differentfrom that
of the crime intended. Also, it is applicable only when
the intended crime and the grime act!Jally committed
are punished with different penalties.
It does not apply to aberratfo ictuS;.beq:iuse.'in. this
case, there is complex crim~ cdnJrf}itted. µoder Art.
48: the crime intended to be comtnitted and• the
crime actually committed (People v. Guillen" G.R. ·
No. L-1477,; January 18, 1950), · IMPOSSIBLE CRIME
Jurisprudence instructs that Alt. 49,,.·h~s•~
..
Ji,o
application to cases where a mp;re · ·seriptis.
consequence not intended by the offender result
from his felonious act and befalls tlie same person,
as in praeter intentionem (Wacoy v. People, G.R.
Nos. 213792 & 213886, June 22, 2015).
PENAL TIES TO BE IMPOSED IN ART. 48
AND ART. 49
Art. 48 Art. 49
Lesser penalty is Penalty for the more or
imposed, to be applied most serious crime shall
in maximum periods. be imposed, to be applied
in its maximum period.
NOTE: For Arls. 50-57 and 60, refer to Arl. 61 herein
provided.
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CRIMINAL LAW I
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ARTICLE 58
ADDITIONAL PEN.ALTY TO BE
IMPOSED UPON CERTAIN
ACCESSORIES
Public officers. who help the author of the crime by
misu'sing their office and .duties· shall suffer the
additional penalties of:
1. Absolute perpetual disqualification, if the
principal offender is guilty of a grave felony; or
2. Absolute temporary disqualification if the
principal offender is guilty of less grave felony
(RPG, Arl. 58).
This article applies only to public officers who
abused their public functions. The accessories
referred to in this Article are only those falling within
the term of par. 3 of Art. 19 (REYES, Book One,
supra at 711).
ARTICLE 59
PENAL:TYTO BE IMPOSED IN CASE OF
·· · FAILURE TO COMMIT THE CRIME
BECAUSE THE MEANS EMPLOYED OR
THE AIMS1SOUGHT ARE IMPOSSIBLE
:. '::-' .X• ,;. •
If a person intended to·commit an offense and has
already ,perfor~ed ·an ftie acts for execution but the
crime was not produce'.d because the act intended
was impossible to accomplish or the means
employeq by the persbf} are essentially inadequate
to prO?UCEfthe r~.sultJlfsired by him, the court shall
impose upon him the (tenalty of arresto mayor or a
fine"ranging from 200 jo 500 pesos (RPG, Arl. 59).
The penaltYcforJrhpossible crime is arresto mayor
(imfxisonrnent.of 1 month and 1 day to 6 months) or
a fine ranging' from 200-500 pesos.
· Baslsfor the imposition of proper penalty:
1. Social danger; and
2. Degree of criminality shown by the offender
(REYES, Book One, supra at 712).
ARTICLE 60
EXCEPTIONS TO RULES ESTABLISHED
IN ARTICLES 50 TO 57
Arts. 50-57, which refer to the rules regarding
· graduating penalties Shall not apply if:
1. The law expressly prescribes the penalty ·
provided for frustrated or attempted felony; or
2. The law expressly prescribes the penalty to be
imposed upon accomplices or accessories
(ESTRADA, Book One, supra at 268).
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MEM:Q~YAID
San Beda UniversityCollege ct Law - RGCTBerOperetions Center

ARTICLE 61
RULES FOR GRADUATING PENALTIES EXCEPTIONS:
The following accomplices are punished with the
-According to Arts. 50 to 57, the penalty prescribed same penalty imposed upon the principal:
by law for the felony shall be lowered by degrees, 1. The ascendants, guardians, curators, teachers
as follows: ·
and any person who by abuse of authority or
confidential relationship, shall cooperate as
accomplices in the crimes of rape, acts of
lasciviousness, seduction, corruption of minors,
white slave trade or abduction (RPG, Art. 346);
and
2. One who furnished the place for the perpetration
of the crime of slight illegal detention (RPG, Art.
268).

(REGALADO, supra at 201). The lower penalty shall be taken from the graduated
scale in Art. 71.
In this diagram, "O"represents the penalty prescribed
by law in defining a crime, which is to be imposed on Scale 1:
the principal in a consummated offense, in Death
accordance with the provisions of Art. 46. The other Reclusion Perpetua
figures represent the degrees to which the penalty Reclusion Temporal
must be lowered, to meet the different situations Prision Mayor
anticipated by law. Prision Gorreccional
· Arre~to M,ayor
Bases for the determination of the extent of
penalty to be imposed under the RPC: ,nor
1. Stage reached by the crime in its development Public C~ure
(either attempted, frustrated or consummated); 10. Fine
2. Participations therein of the persons liable; and
3. Aggravating o'r mitigating circumstances which NOTE: 1,~ arjd g;·~reindivisible penalties; 3 to 8 are
attended the commission of the crim~. divisible penalties.·· ·
:·/·>+··
NOTE: In Nos. 1 and 2, the penalty is graduated by Divisible;,1 divided into 3 periods,
degree (REYES, Book One, supra 708). at {,t
namely, the minimum, the medium, and the
.. Jll.a~mum.
Degree /;;~•.=-,~~:!:t\'.''~':;g~~'ill
,•••
'•=:••/,• F

It is one entire penalty; one whole penalfyor one L1nit •{ff•><rtOtES''FOR

GRADUATING PENALTIES
of the penalties enumerated in the graduated spales UNDER ART. 61
provided for in Art. 71 (REYES, Book One, :;upra at
1. When penalty prescribed is single and
10).
indivisible
When there is mitigating or aggravating the penalty next lower in degree shall be that
circumstance, the penalty is lowered or increased by immediately following the indivisible penalty in
period only. the respective graduated scale in Art. 71.

EXCEPTION: When the penalty is divisible and Illustration:

there are two or more mitigating and without
aggravating circumstances, the penalty is lowered
by degree (RPG, Art. 64 (5)).
Period
It is one of the three equal portions, called minimum,
medium and maximum, of a divisible penalty
(REYES, Book One, supra at 716).
A single and indivisible penalty is reclusion
perpetua. In Scale 1 in Art. 71, the penalty
immediately following reclusion perpertua is
reclusion temporal.
The penalty next lower in degree therefore is
reclusion temporal (REYES, Book One, supra.at
716-717).

GENERAL RULE: An accomplice is punished by a

penalty one degree lower than the penalty imposed
B.tfi/JJ.siOC!,
Perpetua } Penaltyforthe principal
in a consummated felony.

upon the principal (REYES, Book One, supra at .

713).
Rt.glu§i.on
Tt.mQ.oral
MAX
MED
MIN
} Penaltynext lower
in degree.

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CRIMINAL LAW I
Criminal Law

2. When the penalty prescribed for the period of that immediately following in said
crime is composed of 2 indivisible respective graduated scale.
penalties, or of 1 or more divisible
penalties to be imposed to their full Illustrations:
a. The penalty for murder (Art. 248) is
extent
reclusion temporal in its maximum period to
the penalty next lower in degree shall be that
reclusion ·perpetua. Thus, the penalty for
immediately following the lesser of the penalties
murder consists of ofle indivisible penalty of
prescribed in the respective graduated scale.
reclusion perpetua and one divisible penalty
of reclusion temporal in its maximum period.
Illustration:
The proper divisible penalty is reclusion
Two indivisible penalties are reclusion perpetua
temporal. The penalty immediately following
to death. This is the penalty for parricide. The
reclusion temporal is prison mayor. The
penalty immediately following the lesser of the
penalty next lower is composed of the
penalties, which is reclusion perpetua, is.
medium and minimum periods of reclusion
reclusion temporaf (REYES, Book One, supra at
temporal and the maximum: of prison mayor
717).
(REYES, Book One p. 717-718) .
.l2H!b. Penaltyfor the principal
Reclusion }
in a consummated felony.
Perpetua
} Penalty for the principal
Reclusion
Temporal
MAX
MED
MIN
} MAX
MED }
In a consummated

Penalty next lower

felony.

Illustrations: , . , MIN in degree.

a. One divisible penalty to.,Jb~i~p~d to1ts full -~.......,........,. ..MAX
extent is reclusion tempptal.iThe, penalty '"1ED
imme~iately followin~ithe div~ible penalty of ~N
reclusion temporal Jin Sc~fe 1 i!, prision i ·k ,. .: / ·t
mayor. b. ~eclu~if;n,,tet:Qhpralin its maximum period to
reclus,otJ per~e:tua. The penalty next lower
Reclusion MAX . ~forthe~I ., tis the itJetlitlJn and .minimum periods of
Temporal MED } irf-. ~isum~af~!~elony. ...reu;t/JJsioptemporal and the maximum of
MIN ·' •. .• .. :. . . f.,
Pris/onmayor MAX ·..~
1
ne..xt~: \ .. · ;Prrs,on mayor.J
MED} sjndeg~ .. .
MIN
.·Bec1U§lbn Penaltyforthe principal
b. Two divisible penalties to be ir'hp,osed'to · e,ti,etua } In a conaummatecl felony.
their full extent are prisi'cin corrf1(;Cl,bna/.,
to ·: . Reclu- / MAX
prision mayor. The penal~. ftn~eW .',1'tpJI0.!1ltMED ·} Penaltynextlower
following the lesser of the "·penalti~J§
is , "'
. MIN in degree .
arresto mayor. "" ·· ....
PrJsfoo
mayor MAX
MED
MIN
Pris/on
mayor MAX
MED
MIN Penaltyforthe principaJ 4. When the penalty prescribed for the
!!!.d!iJ9D. MAX In a consummated
felony. crime is composed of several periods
MED
com>cclonBI corresponding to different divisible
MIN penalties
Anestomayor MAX Penaltynextlower
MED In degree. the penalty next lower in degree shall be
MIN composed of the period immediately following
the minimum prescribed and of the two next
following, which shall be taken from the penalty
3. When the · penalty prescribed for the prescribed if possible; otherwise from the
crime is composed of 1 or 2 indivisible penalty immediately following in the
penalties and the maximum period of abovementioned respective graduated scale
· another divisible penalty (RPG, Art. 61).
the penalty next lower in degree shall be
composed of the medium and minimum periods NOTE: The word "several" in relation to the
of the proper divisible penalty and the maximum number of periods means consisting in more

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MEM-Q~YAID
San Beda UnlveraityCollage of Law - ~T Bar OperationsCenter

than 2 periods. This rule contemplates a penalty

composed of at least 3 periods.

Illustration: SECTION TWO:

Reclusion MAX RULES FOR THE APPLICATION
Temporal MED OF PENALTIES WITH REGARD
MIN Penalty for the principal TO THE MITIGATING AND
Prision mayor MAX } in a consummatedfelony. _AGGRAVATING
MED
MIN Penalty next lower
CIRCUMSTANCES, AND
Prision MAX } in degree. HABITUAL DELINQUENCY
COIT9CCionalMED
MIN
5. When the law prescribes a penalty for a crime in
ARTICLE 62
some manner not specially provided for in the EFFECTS OF THE ATTENDANCE OF
four proceeding rules, the courts, proceeding by MITIGATING OR AGGRAVATING
analogy, shall impose the corresponding CIRCUMSTANCES AND OF
penalties upon those guilty as principals of the HABITUAL DELIQUENCY
frustrated felony, or of attempt to commit the
same, and upon accomplices and accessories.
RULES REGARDING AGGRAVATING
Illustrations: AND MITIGATING CIRCUMSTANCES:
a. The penalty next lower than -prision _ Aggravating circumstances are not to be
correccional in its minimum and medium'. account to increase the penalty
periods is arresto mayor in its medium "and·
, maximum periods. · In . _.emselves constitute a crime
espeiitlly punished by law or which; or

i
i ~;, ❖

fIJJlkm
correcciom.tl
MAX
MED
Penalty fQr8'~in Elih~f•Jhe crime be committed by means
gt fi~ (Ff?C, Art. 14, par. 12) is not
MIN a~mated~y.
Anutomavor MAX tower
Penatij,r,ext ,; ·,x,s;?·' · .aggravating in arson.
MED 1ndegree. ~w~.l~Z,
MIN b.
crime.

b. The penalty next lower to prisionirptfYOrin its,,,
maximum period is prision - m,yor
medium period. · aggravating in robbery with force upon
Prision mayor MAX Penalty for the principal
} in a consummated
felony.
MED } Penaltynextlower
in degree.
MIN
NOTE: The rules provided for in Art. 61 should also
apply in determining the minimum of the
indeterminate penalty under the ISLAW. ·
It will be noted that each paragraph of Art. 61 begins
with the phrase "when the penalty prescribed for the
felony" or "crime." Hence, in lowering the penalty, the
penalty prescribed by the RPG for the crime is the
basis, without regard to the mitigating or aggravating
circumstances.· 1t is only after the penalty next lower
in degree is already determined that the mitigating
and/or aggravating circumstances should be
considered (REYES, Book One, supra at 721).
That the crime was committed in the
ir1;1tS dwelling of the offended party is not
things (RPG, Art. 299).
Maximum penalty shall be imposed:
a. When in the commission of the crime,
advantage was taken by the offender of his
public position; or
b. If the offense was committed by any person
who belongs to an organized/syndicated
crime group.
An organized or syndicated crime group
means a group of two or more persons
collaborating or confederating or mutually
helping one another for purposes of gain in
the commission of the crime (id. At 724).
2. The preceding rule applies with respect to
aggravating circumstances which are
inherent in the crime (e.g. Evident
premeditation is inherent in robbery and theft)
(Id.).

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114
CRIMINALLAW I
CriminalLaw

d. !heft (hurlo); or
· 3. Aggravating or mitigating circumstances e. Serious or _bessserious physical injuries;
which arise from:
a. The moral attributes of the offender; 2. That after conviction or after serving his
b. From his private relations from the offended sentence, he again Committed, and, within 10
party; or years from his last release of first conviction, he
c. From any other personal cause - shall only was again convicted of any of the said crimes for
serve to aggravate or mitigate the liability of the second time; and ·
the principals, accomplices and accessories .
as to whom such circumstances are 3. That after his conviction of, or after serving
attendant (RPG, Arl. 62 (3)). sentence for the second offense, he again
committed, and, within 10 years from his last
4. The circumstances which consist in: release or last conviction, he was again
a. Material execution of the act; or convicted of any of said offenses, the third time
b. The means employed to accomplish it, shall or oftener (REYES, Book One, supra at 729).
serve to aggravate or mitigate the lipbility of
th_osepersons only who had knowl~dge of Illustration:
them at the time of the execution of the act X was convicted of the following crimes:
or their cooperation therein (RPG, Arl. 62
(4)). OOense Date of Date of Date of
Commission Conviction Release
5. Additional penalty for habitual definqu$~y:
a. Upon 3rd conviction , " · 'Theft Aug 1998 April 1999 Sept 2000
- The culprit shall be seh.tenbE'.ld 1o the
penalty provided by la~ for th~t;asf~rJmeof April 2007 April 2009
which he is found guilty aod'to.ffie additional
penalty of prision correccional. in it$ medium r Robbery Juicy201~ April 2018
and maximum perio~~; . ' '
b. Upon 4th conviction · As regards the estafll committed in Nov. 2004, the
The culprit shall be~entenc~d to the starling point is 'th,~J!,
9 te, of the last release or Sept.
additional penalty bf.41rlsfon major in its 2000 irt the crime of thfift and in such case, there is
minimum and medi~m p_~ribds;.an•d only a' differencf9L~ t;ears since the period within
c. Upon 5th or additional convioJ;ion·
which we
should count the 10 year-rule is from the
date oflast release to the date of conviction (April
The culprit shall be seotenced to the_ 2007) (Id. at 730-731}.
additional penalty of prision mayor ih Its· ' .

maximum period to reclusion terri!X)ralin its . The totaf of the p~alty for the last crime he is found
minimum period (Id. at 731). glJ'ilty~d trleadditional penalty for being a habitual .
delintiuent must not exceed 30 years (Id. at 732).
NOTE: Total of the 2 penalties shalf'·AQJexceed
30 years (Id. at 732). The subsequent crime must be committed after
conviction of former crime (People v. Ventura, G.R.
EFFECTS: No. 35194, August 27, 1931).
1. Aggravating circumstances (generic and
specific) have the effect of increasing the HABITUAL DELINQUENCY AND
penalty, without however exceeding the RECIDIVISM, DISTINGUISHED
maximum period provided py law;
. 2. Mitigating circumstances have the effect of H_abitual Recidivism
diminishing the penalty; Delmquency
3'. Habitual delinquency has the effect of imposing
an additional penalty (Id. at 723). As to Crimes Committed

The crimes are It is sufficient that the

REQU~ITES OF HABITUAL specified. accused, on the date of
DELINQUENCY: (ConCom10) his trial, shall have been
1. That the offender had been ~victed of any of previously convicted by
the crimes of (FRETSeL): final judgment of another
a. falsification; crime embraced in the
b. ,Bobbery (robo); same title of the Code.
c. 5stafa;

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MEM:O~YAID
San Seda University College of Law - RGCT Bar Operations Center

Illustration: The prescribed penalty for the crime of

The offender is found
guilty within 10 years
from his last release or
last conviction.
A:sto Numtter of Grimes Gommitted
rape is reclusion perpetua. The accused being
entitled to th~ privileged mitigating circumstance of
minority, the imposable penalty is reclusion temporal
in its medium period, absent any other mitigating or
aggravating circumstance (People v. Galang, G.R.
No period of time No. 70713, June 29, 1989).
between the former
conviction and the last When the penalty is single indivisible, it shall be
·conviction is fixed by law. applied regardless of any mitigating (except if
privileged mitigating) or aggravating circumstances
(RPG, Art. 63, Par. (1)).

The accused must be The second conviction for NOTE: With the enactment of RA. No. 9346,
found guilty the 3rd an offense embraced in imposition of the indivisible penalty of death is
time or oftener of any the same title of the Code prohibited, leaving the rules on applying two
of the crimes is sufficient. indivisible penalties under Par. 2 of Art. 63
specified. inapplicable.

A:sto effects RULES WHEN TWO INDIVISIBLE

PENAL TIES ARE IMPOSED
An additional penalty, If not offset by a
is also imposed. mitigating circumstance, Modifying Penalty to be A:pplied
it serves to increase the Circumstances
penalty only to the
maximum. J~~y...one{: ~ggravating Greater penalty
circams~
(REYES, Book One, supra at 734-735).
Neither 11Jltiiating nor Lesser penalty
A convict can be a habitual delinquent without being aggravatin'g, ·
a recidivist when no two of the crime~.com111ltted
are circumsti:ince
embraced in the same title of the RPC.
Lesser penalty
The imposition of additional penalty for habituaj ce
delinquency is constitutional because it is neither an
ex post facto law nor an additional punishment for mitigating and Reasonably allow them
former crimes. It is simply a punishment on future ..ravating to offset one another
crimes, the penalty being enhanced on·account of ;;.~t~QC8S
the criminal propensities of the accused (People v. (REYES, Book One, supra at 741).
Sy Chay, G.R. No. 45670; October 30, 193·7).
ARTICLE 64
ARTICLE 63 RULES FOR THE APPLICATION OF
RULES FOR THE APPLICATION OF PENAL TIES WHICH CONTAIN THREE
INDIVISIBLE PENAL TIES PERIODS
Prescribed penalty
The initial penalty as a general prescription for the
felonies which consis.ts of a range of period of time RULES WHEN THE PENALTY
(People v. Valdez, G.R. Nos. 216007-09, December IMPOSABLE IS ADIVISIBLE PENAL TY
8, 2015). Mot:ll~ing
Proper Period
~ircumstances
Imposable penalty
The penalty prescribed by the RPC after considering No aggravating and no MEDIUM
the mitigating and aggravating circumstances. From mitigating
this imposable penalty, the court chooses a single
fixed penalty (also called a straight penalty) which is Mitigating only MINIMUM
the "penalty actually imposed" on a convict, .i.e., the
prison term he has to serve (People v. Valdez, G.R. Aggravating only MAXIMUM
Nos. 216007-09, December 8, 2015).

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CRIMINAL LAW I
Criminal Law

Modifying . the 1 day) to get the maximum of the minimum

Circumstances Proper Period period. Thus-we have 8 years as the maximum
of the minimum period. The range of the
Some or ·both OFFSET and minimum period is 6 years and 1 day to 8 years.
circumstances present APPLY the 5. Use the maximum of the minimum period as the
foregoing minimum of the medium period, and add 1 day
to distinguish it from the maximum of the
Two or more mitigating and One degree minjmum period; we have-8 years and 1 day.
no aggravating, LOWER Then add 2 years to the minimum of the medium
period (disregarding the 1 day) to get the
maximum of the medium period. The range of
Three mitigating but two Fix the period at the the medium period is 8 years and 1 day to 10
aggravating MINIMUM only years.
6. Use the maximum of the medium period as the
No penalty greater than the maximum period of minimum of the maximum period, and add 1 day
the penalty prescribed by law shall be imposed, no to distinguish it from the maximum of the
matter how many aggravating circumstances are medium period; we have-10 years and 1 day.
present. Then add 2 years to the minimum of the
maximum period (disregarding 1 day) to get the
The court can determine the extent of the penalty
,[Ilaximum of the maximum period. Hence, the
within the limits of each period, according, to the
· ral't§El.of the maximum period is 10 years and 1
number and nature of the aggrayatfng : ind
day to'1~. years (REYES, Book One, supra at
mitigating circumstances and the g(ttatet'Or I6sser ,. 153~llp4). .,.
extent of the evil produced bythe,;~r1mS';,
.,
,, '..
_; : ...- '"'A
\
;,.,

"NO'FE:
Selirt. n~\of .the RPC. The computation is
(RPG, Art. 64). •11ot
followed (_ntfleidi'Vision of arresto mayor .

Cases in which mitigat;hg. an~ agQra~c1~i".19. . , "'RTICLE 66

circumstances are NOT coris1dered: in the
imposition of penalty: .. ,
1. When the penalty is'. ~i~~ and jrtdivisible
(except if privileged miti9atlng)t •. · _
2. In felonies through negliQenge.('fteop(e:JI:Qe Los .
Santos, G.R. No. 13.1588, Match 0i7, ZOQ1;'RpC;
Art. 365); . ,, . '.. -_ -__
3. When the penalty is only a,fine int~~sed by, ar,
ordinance (People v. Kuan, -,,G.R. Na.<J,.,-485'1-p;
· "'·
November 11, 1942); and \ ·· ,.. <Bo_a/5011e:
/':':•,,>:.:. 3: '"'Tqecotir(may
4. When the penalties are prescribe,d>' py·specf~I'
laws (REYES Book One, supr 9 at 7511,
ARTICLE 65
RULES IN CASES OF PENAL TY NOT
COMPOSED OF THREE PERIODS
The courts shall apply the rules in the preceding
articles by:
1. Dividing into 3 equal portions the time included
· in the penalty prescribed; and
2. Forming 1 period of each of the 3 portions.
Illustration:
1. Prision Mayor (6 years and 1 day to 12 y';)ars).
2. Subtract the minimum (disregarding the 1 day)
from the maximum, thus- 12 years -6 years=
6 years.
3. Divide the difference by 3, thus- 6 years + 3 =
2 years.
4. Use the minimum of 6 years and 1 day of Prision
Mayor as the minimum of the minimum period.
Then add 2 years to the minimum (disregarding
IM~TIPN OF FINES
Outline/of the Jtovisiqn:
1.. The e<>Urt c'n fix -a~y amount of the fine ·within
tl)e limits e~abJi5hed by law.
2. .Th$'c,ourt must copsider:
' a:·:The / miti~ting and aggravating
J
•,;_circumstance's; and
··. b. Jh'ewealthYormeans of the culprit (REYES,
supra at 755).
also consider:
· · ~} Ttiegravity of the crime committed;
Q.,.. ·"fhe heinousness of its perpetration; and
c. The magnitude of its effects on. the
offender's victims (Id. at 755 citing People v.
Manuel, CA-G.R. Nos. 14648-61-R, July
6, 1957).
NOTE: When the minimum of the fine is not fixed by
law, the determination of the amount of fine is left to
the sound discretion of the court, provided it shall not
exceed the maximum authorized by law (People v.
Quinto, G.R. No. 40934, August 16, 1934).
Wealth or means of culprit is the main consideration
in the imposition of fines (People v. Kuan, G.R. No.
48515, November 11, 1942).

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MEt4Q~YAID
San Seda UniversityCollegeof Law • RGCTBarOpe_rations
Center
ARTICLE 67 .
WHEN NOT ALL THE REQUISITES OF
ACCIDENT ARE PRESENT
If not all the conditions necessary to exempt
from liability under Art. 12(4) are present, the act
should be considered as: ·
1. Reckless imprudence, if the act is executed
without taking those precautions. or measures
which the most common prudence would
require; and
2. Simple imprudence, if it is a mere lack of
precaution in those cases where either the
threatened harm is not imminent or the danger
is not openly visible (REYES, Book One, supra
at 757).
The penalty provided in Article 67 is the same as that
in Article 365 (Id.).
ARTICLE 68
PENAL TY TO BE IMPOSED UPON A
PERSON UNDER 18 YEARS OF AGE.
Application of Art. 68: . ·.,.
1. This article is not immediately applicable tg q
minor under 18 years of age, becaus~..when
such minor is found guilty of the, tiffense
charged, the court shall determine th~ penalty in·
the judgment of conviction but shaU~s~nq the
promulgation (not the executioo;,~md order the
child's commitment to a reformatory institution, if
the court therefor approves.~ appHc~ti.qr(R.A
No. 9344, as amended, Sec. 38). · ··
Upon the recommendation of thesocial worker
who has custody of the child, the}pouff shall
dismiss the case against the chilg'(and shaJI,
order the final discharge of the child ifjt find~.that
the objective of the disposition meastires.:h,ave
been fulfilled (R.A. No. 9344 as amendiia; Sec.
39).
A child who is above 12 years of age up to 15
years of age and who commits parricide,
murder, infanticide, kidnapping and serious
illegal detention where the victim is killed or
raped, robbery, with homicide or rape,
destructive arson, rape, or carnapping where the
driver or occupant is killed or raped or offenses
under R.A. No. 9165 (Comprehensive
Dangerous Drugs Act of 2002) punishable by
more than 12 years of imprisonment, shall be
deemed a neglected child under P.D. No. 603,
as amended, and shall be mandatorily placed in
a special facility within the youth care faculty or
'Bahay Pag-asa' called the Intensive Juvenile
Intervention and Support Center (IJISC) (R.A.
No. 9344 as amended, Sec. 20-A).
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2. Art. 68 has been repealed or amended in the
sense that the accused in par. 1 thereof is
completely absolved from criminal liability under
R.A. No. 9344, hence there is no basis for
considering any privileged mitigating
circumstance in his favor (REYES, Book One,
supra at 757-758).
3. If the offender over 15 but under 18 years of age
acted with discernment, he/she shall be
subjected to diversion proceedings (R.A. No.
9344 as amended, Sec. 6).
If the court finds that the objective of the
disposition measures imposed upon the child in
conflict with the law have not been fulfilled, or if
the child in conflict with the law has willfully failed
to comply with the conditions of his/her
disposition or rehabilitation program, the child in
conflict with the law shall be brought before the
court for promulgation (not execution) of
judgment (R.A. No. 9344 as amended, Sec. 40).
The penalty to be imposed on the child in conflict
with the . w shall be that provided for in par. 2 of
' t is, the· penalty next lower than that
by law (REYES, Book One, supra at
If saidihldrn conflict with the law has reached
18 ~an~ o~-,age while under suspended
sentence) the · ourt shall determine whether to
d ild; to order execution of
·
sen extend the suspended sentence
for a certain specified period or until the child
· eaches the maximum age of 21 years (R.A. No.
., as amended, Sec. 40).
....
~::J,,~,r,,
(See also discussion of minority as an
exempting circumstance.)
ARTICLE 69
PENAL TY TO BE IMPOSED WHEN THE
CRIME COMMITTED IS NOT WHOLLY
EXCUSABLE
Penalty: Lower by 1 or 2 degrees than that
prescribed by law.
Application: When there is lack of some of the
conditions required to justify the deed or to exempt
from criminal liability in the several cases mentioned
in Arts. 11 and 12; PROVIDED, that the majority of
such conditions be present (REYES, Book One,
supra at 760).
Without unlawful aggression, there can be no
justified killing in defense of oneself. The test for the
presence of unlawful aggression under the
circumstances is whether the aggression from the
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victim put in real peril the life or persbnal safety of
the person defending himself; the peril must not be
imagined or an imaginary. threat (People vs.
Cosgafa, G.R. No. 218250, July 10, 2017).
ARTICLE 70
SUCCESSIVE SERVICE OF
SENTENCES
When the culprit has to serve two or more penalties,
he shall serve them simultaneously if the nature of
the penalties will so permit.
Otherwise, the order of their severity (under this
- article) shall be followed - so that they may be
executed successively.
PENAL TIES WHICH MAY BE
SIMULTANEOUSLY SERVED:
1. Perpetual absolute disqualification;
2. Perpetual special disqualification;
3. Temporary absolute disqualification;
4. Temporary special disqualification;
5. Suspension;
6. Destierro;
7. Public censure;
8. Fine and bond to keep the peace;
9. Civil interdiction; and
10. Confiscation and paym~nt-of costs.
t ,,
THE THREE-FOLD RULE:J3:4:40) ._
1. The maximum duration of the convict's seotence
shall not be more than 3fimes t~e lengtt;.ol time
corresponding to the most s~vere ..·of th.e
penalties imposed upon him. . 2. Juridical accµmulation system
2. But in no case to exceed 40 years.
3. This rule shall apply only when the CQnvictjs to
serve 4 or more sentences successively ..
NOTE: This rule applies only when the convict
has to serve continuous imprisonment for
several offenses. If the convict already served
sentence for one offense, that imprisonment will
not be considered (REYES, Book One, supra at
767).
4. Subsidiary imprisonment forms part of the
penalty (Bagtas v. Director of Prisons, G.R. No.
L- 3215, October 6, 1949).
5. All of the penalties, even if imposed for different
crimes by different courts at different times,
cannot exceed three-fold the most severe
penalty (REYES, Book One, supra at 766).
6. If the sum total of all the penalties does not
exceed the most severe of all the penalties
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CRIMINAL LAW I
Criminal Law
multiplied by three, the three~fold rule does not
apply.
Illustration: A person is sentenced to suffer-14
years, 8 months and 1 day for homicide; 17 years, 4
months and 1 day in another case; 14 years and 8
months in the third case; and in a case of frustrated
homicide, he is sentenced to 12 years, or a total of
59 years, 8 months and 2 days.
The most severe of those penalties is 17 years, 4
months and 1 day. Three times that penalty is 52
years and 3 days. But since the law has limited the
duration of the maximum term of imprisonment to not
more than 40 years, the accused will have to suffer
40 years only (Id. at 764-765).
NOTE: The "most severe of the penalties" includes
equal penalties (REYES, Book One, supra at 766).
If the sentence is indeterminate, the basis of the the
three-lolg rtJl~ is the ·maximum of the sentence.
(Peqple v.Desierto, C.A., 45, O.G. 4542).
DIFFERENT SYSTEMS OF PENAL TY,
RELATl\lE 1OTHE EXECUTION OF 2 OR
MORE. PENALTl~S IMPOSED ON ONE
ANDTHE SAMI; ACCUSED:
1. Material ac,cumu,ation system
- ,No limitation whatever, and accordingly, all
the pen~ltie~ for ~11
lhe violations were imposed
evenifthe{re~rChed beyond the natural span of
human life. ·
LiQ1itedtq.r10tmore than three-fold the
length oftirpe corresponding to the most severe
. ancfioni:rtase to exceed 40 years. This is
_··ro119.wea
in our jurisdiction.
3. Absorption system
The lesser penalties are absorbed by the
graver penalties (Id. at 7721).
ARTICLE 71
GRADUATED SCALES
This article applies in determining the proper degree
where the law prescribes a penalty lower or higher
by two or more degrees than another given penalty.
Scale No, 1 Scale No. 2
Death Perpetual absolute
Reclusion perpetua disqualification
Reclusion temporal Temporary absolute
Prision mayor disqualification
Prision correccional Suspension from public
Arresto mayor office, the right to vote and
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MEM✓0:RY Alo
San Seda Unive<sityCollege of Law - RGCTBar Operations Center
Destierro be voted for, and the right
Arresto menor to follow a profession or
Public:censure calling
Fine Public censure
Fine
NOTE: Since Republic Act 9346 unequivocally bars
the application of death penalty, as well as expressly
repeals all such statutory provisions requiring the
application of the death penalty, such effect
necessarily extends its relevance to the graduated
scale of penalties under Article 71. "Death" as
utilized in Article 71, shall no longer from part of the
equation in the graduation of penalties (AMURAO,
Book One, supra at 983-984):
This provision could not be given supplementary
application to special laws, since the penalties in the
latter were not componehts of or contemplated in the
scale of penalties provided by Article 71 (Id. at 983).
ARTICLE 72
PREFERENCE IN THE PAYMENT
OF CIVIL LIABILITIES
It applies when the offender who is found guilty of·
two or more offenses is required tQ . pay the
corresponding civil liabilities. · 3. When t'1Eilaw fixes both the minimum and the
Civil liability is satisfied by Jollowirg . the
chronological order of the dates of the final judgment
(REYES, Book One, supra at 777).
SECTION THREE: ...
PROVISIONS COMMON IN THE.
LAST lWO PRECEDIN:G
SECTIONS
(ARTS. 73-77)
ART. 73
Accessory penalties are also deemed imposed upon
the convict.
The accessory penalties provided for in Arts. 40 to
45 are deemed imposed by the courts without the
necessity of making an express pronouncement of
their imposition (Id. at 778).
Subsidiary imprisonment is not an accessory penalty
and hence, the judgement of conviction must
expressly state that the offender" shall suffer the
subsidiary imprisonment (REYES, Book One, supra
at 778 citing People vs. Fajardo, G.R. No. 43466,
May 25, 1938).
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ART. 74
The penalty higher than reclusion perpetua, when -
death is not provided by law, shall be the same
penalty and the accessory penalties of Art. 40.
REASON: Penalty of death must be specifically
imposed by law as a penalty for a given crime (Id. at
779).
ART. 75
When necessary, fine shall be increased or reduced
for each degree, by ¼ of the maximum amount
prescribed by law, without however, changing the
minimum.
Fines are graduated into degrees for the
accomplices and accessories and for the principals
in frustrated and attempted felonies (Id.).
Distinctions between fine with a minimum and
fine without a minimum
1. In both, the law fixes the maximum of the fine;
2. When the law fixes the minimum of the fine, the
..... court cannot change the minimum; whereas,
:;;I'i;;'.:f),wtJentn,1aw does not state the minimum of the
'.'. •. ·......
·nnEh~ieijly the maximum, the court can impose
any amo4nt not exceeding such maximum; and
maximum; t~e court can impose an amount
higher th~n th~ maximum; whereas, when only
the maxijnum:: is fixed, it cannot impose an
· a · ..~ t_hemaximum (Id. at 781).
❖O••i•:,•;h•
legal period of duration of penalties shall be
~Jtas divided into three parts, forming three
, 'iftte minimum, the medium, and the
maximum.
ARTICLE 77
. WHEN THE PENAL TY IS A COMPLEX
ONE COMPOSED OF THREE DISTINCT
PENALTIES
Complex Penalty
It is a penalty prescribed by law composed of three
di~tinct penalties, each forming a period: the lightest
of them shall be the minimum, the next the medium,
and the most severe the maximum period.
An example of this is the present penalty for treason
by a resident alien, which is reclusion temporal to
death (RPC; Art. 114).
With the abolition of the death penalty, such concept
of a complex penalty finds no application now in the
computation of penalties, but it is submitted that the
impasse may be resolved through the process of
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computation stated in the second paragraph
(REGALADO, supra at 247).
INDETERMINATE SENTENCE LAW
(ISLAW)
(ACT 4103, AS AMENDED BY .ACT 4225)
Approved: December 5, 1933
Effectivity Date: December 5, 1933
Topic related to: Penalties
Concept of Indeterminate Sentence
It is a sentence with aminimum term and a maximum
term which the court is mandated to impose for the
benefit of a guilty person who is not disqualified to
avail of the benefits of the Indeterminate Sentence
Law (!SLAW). It is basic law that the application of
the !SLAW is mandatory where imprisonment
exceeds one (1) year, except only in certain cas.~~--. • prescribed penalty, and not the imposable penalty.
(Romerov. People, G.R. No. 171644, Novem#J'di23,
2011). ;/.
Where the special law adopted J#~rfaJti~sJrcrri-l'the
RPC, the ISLAW will apply just ~§it woµfdtfoJelonfes
(1 FESTIN, SPL, supra at 30)/ . _/f · · " · t
1
Purpose " ... ( .. . .... ...
The need for specifying the jrJJ£l!fn4fnand maximum ·
periods of the indeterminatt senJe,pceis t~ prevent
the unnecessary and excestiv~·de~rivq.tiorfof liberty
and to enhance the econc,mic usefut.neSs\of.the
accused, since he may be ~xe,inp~d fro)'n:serving
the entire sentence, depend\ng updn his beh1,wior
and his physical, mental, allQ mordl,recorf .Tha
requirement of imposing an ind~termin~ sen,tet;tee..·
in all criminal offenses whether'QUnishaBklJ>ytt\e .
RPC or by special laws, with definite mip1m~ffl.•and. · ··.. shou+ti.not. be applied. The law on indeterminate
maximum terms, as the Court deems,Qropet"within"',~-.. :,, ~e,ntenceas.pffule is intended to favor the defendant
the legal range of the penalty specified''by the law · • tlq ~ "erif!1ina1
1
must, therefore, be deemed mandatory (Rorftrfro<v.~., :,,LOJPftS'Onment
PE!ople,G.R. No. 171644, November 23, 2011).
It is intended to favor the defendant particularly to
shorten his term of imprisonment, depending upon
his behavior and · his physical, mental and moral
record as a prisoner to be determined by the Board
of Indeterminate Sentence (People v. Oi'iate, G.R.
No. L-27481, July 29, 1977).
Sentence in ISLAW
Where the special law adopted penalties from the
RPC, the ISLAW will apply just as it would to felonies
(Id.).
A. RULES IN ARRIVING AT THE
MAXIMUM AND MINIMUM TERM OF THE
INDETERMINATE SENTENCE FOR
CRIMES PUNISHED UNDER THE RPC
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CRIMINAL LAW I
CriminalLaw
To Get the Maximum Term:
That which, in view of the attending circumstances,
could be properly imposed t:1nderthe rules of the
said code (/SLAW, Sec. 1, as amended).
NOTE: The rules of offsetting the modifying
circumstances are applicable. The mitigating or
aggravating is to be considered in the imposition of
the maximum term of the indeterminate sentence
(RPG, Arts. 63 and 64).
To Get the Minimum Term:
The law provides that the minimum should be within
the range of the penalty next lower to that prescribed
by the said code (RPC) for the offense without first
considering any modifying circumstance attendant
to the commission of the crime (ISLA W, Sec. 1).
The basis for fixing the minimum term is the
f?rescfjbeg penalty is the initial penalty provided in
;the RPC,-as ~ general prescription for the felonies
·•defined fleref~·which consists of a range of period
. of tima.:(Pe9Pf~ tvl Temporada, G.R. No. 173473,
DecemberJz,· 2QQ8J.
The determih.atl~~, .dt the minimum term is left
entirely within :the?'cfistr;retionof the court to fix it
anywher,ewithii\ the,rartge of the penalty next lower
without i;eferenceto thejperiods into which it may be
si.lbdivi4ed (Edt)ii'ft~'"v.t People, G.R. No. 176566,
· .Octobett2/200!f .· ;
· . · · .· ·' ''"'"'' C:
f'.'<;}1'.E~
ln'cas~ wh~r~'the application of the law on
.Jn,detell'riinat,¢' sentegte would be unfavorable to
..too···~tcus~. resujfng in the lengthening of his
prison ~en!ence, s,aidlaw on indeterminate sentence
case particularly to shorten his term of
depending upon his behavior, etc.
(REYES, Book One, supra at 808).
Rules for the application of penalties containing
three periods:
1. When there are neither aggravating nor
mitigating circumstances
They shall impose the penalty prescribed by
law in its medium period;
2. When only a mitigating circumstance is
present in the commission of the act
They shall impose the penalty in its
minimum period;
3. When an aggravating circumstance is
present in the commission of the act
They shall impose the penalty in its
maximum period; ·
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4. When both mitigating and aggravating incremental penalty of 1-year imprisonment for every
circumstances are present P10,000 in excess of P22,000, provided that the total
The court shall reasonably offset those of penalty which may be imposed shall not exceed 20
one class against the other according to their years (People v. Temporada, G,R. No. 173473,
relative weight; and December 17, 2008).

5. When there are 2 or more mitigating NOTE: Above ruling is prior to R.A. No. 10951 which
circumstances and no aggravating increases the amount of fraud in estafa and
circumstances are present threshold amount in theft, as the basis of imposing
The court shall impose the penalty next the penalty, but still subject to incremental penalty.
lower to that prescribed by law, in the period
that it may deem applicable, according to the Illustrations of Application of ISLAW:
number and nature of such circumstances 1. Under the RPC
(RPG, Art. 64). A penalty of reclusion temporal was imposed
upon the accused for committing homicide.
NOTE: The plain terms of the !SLAW show that the
legislature did not intend to limit "attending a. There is no mitigating or aggravating
circumstances" .as referring to Arts. 13 and 14 of the circumstance
RPC. The wording of the law clearly permits other i. Maximum Term
modifying circumstances outside of Arts. 13 and 14 reclusion temporal which should be
of the RPC to be treated as "attending imposed in the medium period (Art. 64,
circumstances" for purposes of the application of the par. 1).
!SLAW (People v. Temporada, G.R. No. 173473, ';\;, ii. Minimum Term
i't·~,
December 17, 2008). :,tJL anywhere within the range of prision
,,, ... , ,rnayor, the penalty next lower from
The modifying circumstances are considered onlfin C:,:::)B'Dil·!iz>•,
,: :i.
itfk;;/usion temporal .
11Vt'.:fi--i;:·
,,,,v'ct.~'.:.-~\~,t-~·
1
the imposition of the maximum term . of the >
indeterminate sentence. They are NOT considered. :~'f b. The~\ is one (1) ordinary mitigating
in fixing the minimum (People v. Temfii,ra<Ja, G.R. cir~riistance
No. 173473, December 17, 2008). i. ..·· Maxlmum Term
-I r9(;lusion temporal, in its minimum
8. RULES IN ARRIVING AI THE r p~riod;, after considering the mitigating
·· " •·,·ce.
MAXIMUM AND MINIMUNl'TERM ()f THJS
Term
INDETERMINATE SENTEN.CE FOR anywhere within the range of prision
CRIMES PUNISHED UNDER' SPECIAL mayor without reference to any of its
LAWS
To Get the Maximum Term:
, ..
....
itJ 111
,.,period.

The maximum term shall not exceed th~ maxiinum c. There is one (1) aggravating circumstance
fixed by said special law (ISLA W, Seti 1', as i. Maximum Term ·
amended). - reclusion temporal, in its maximum
period, after considering the
NOTE: The rule of offsetting is not applicable in aggravating circumstance.
crimes punished under a special penal law. The ii. Minimum Term
presence of any generic aggravating and ordinary - anywhere within the range of prision
mitigating circumstances will not affect the proper mayor without reference to any of its
imposition of the penalty (2 FESTIN SPL, supra at period.
53). 2. Under Special Laws
If a person is convicted of illegal possession of
To Get the Minimum Term: firearms punishable by imprisonment of one (1)
The minimum term shall not be .less than the year and one ( 1) day to five (5) years.
minimum term prescribed by the same special law a. Maximum Term
(/SLAW, Sec. 1, as amended). shall not exceed five (5) years as fixed
bylaw.
Incremental Penalty Rule b. Minimum Term
It is a special rule applicable to estafa and theft. The shall not be less than the minimum of
unique characteristic of the incremental penalty is one ( 1) year and one ( 1) day prescribed by
that when the amount defrauded is P32,000 or more, said law.
the prescribed penalty is not only imposed in its
maximum period, but there is imposed an

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Reasons for the. need to fix the maximum and
minimunrterm of the indeterminate sentence:
1. Allows for the early release of the prisoner who
has served the minimum sentence on parole
upon such terms and conditions as may be
presented by the Board;
2. During the period of surveillance, he shall abide
by the conditions of his parole and if found to
have violated the conditions, he shall be
rearrested and shall serve the remaining
unexpired portion of the maximum sentence for
which he was originally committed to prison,
unless the Board of Indeterminate Sentence
shall, in its discretion, grant a new parole to the
said prisoner;
3. Even if a prisoner has already served the
minimum, but he is not fitted for release on
parole, he shall continue to serve imprisonment
until the end of the maximum; and
-4. To prevent the unnecessary and excess.ive ··
deprivation of liberty and to enh.ance the
economic usefulness of the accu~d •.since he
may be exempted from serving thl, ·entire
sentence, depending upon his behaviorand his
physical, mental, and moral record (Batistls v.
People, G.R. No. 181571, Dereml:/er 16, 2009).
WHEN BENEFIT OF 'THE fSLAW ..NOT
APPLICABLE (SEC. 2): (OTE:P-HEV-1FU)
It shall not apply to the following.p~rsons:
1. Convicted of offenses punished with Qeath
penalty or life imprisonment; - the·stuc;ly.andi11vestigati6nmade by the Board that:
. .
NOTE: The Court has equated· the penalty of
reclusion perpetua as ~ynonyr11pus to life
imprisonment for purposes of !SLAW (People v.
Enriquez, G.R. No. 158797, July 2/); 2005).
Hence, a person punished with reclusion
perpetua is not entitled to the benefits 6f ISLAW
(1 FESTIN, SPL Reviewer, supra at 31).
2. Convicted of !reason, conspiracy or proposal to
commit treason;
3. Convicted of misprision of treason, rebellion,
sedition or .5.spionage;
4. Convicted of Piracy;
5. Habitual delinquents;
NOTE: Recidivists are entitled to an
indeterminate sentence (People
Jaramilla, G.R. No. L-28547, February 22,
1974). Offender is not disqualified to avail of the
benefits of the law even if the crime is committed
while he is on parole (Bacar v. De Guzman, Jr.,
A.M. No. RTJ-96-1349, April 18, 1997).
6. Those who have .5.scapedfrom confinement or
evaded sentence;
7. Granted with conditional pardon by the
President but ~iolated the terms thereof;
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CRIMINAL LAW I
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8. Those whose maximum term of imprisonment
does not exceed 1 year;
NOTE: If the maximum term of imprisonment is
less than one (1) year, the trial court may not
impose an indeterminate sentence but straight
penalty of one year or less instead (Guinhawa v.
People, GR No. 162822, August 25, 2005).
9. Those already sent~nced by final judgment at
the time of approval of this Act, except as
provided in Section 5; and _
10. When its application is Y,nfavorable to the
accused (People v. Nang Kay, G.R. No. L-3565,
April 20, 1951).
NOTE: In view of the nature of the penalty of
destierro, the convict is not entitled to the provisions
of ISLAW, since the benefits of the law are expressly
granted to those who are sentenc~d to
Imprisonment exceeding one year (REYES, Book
6ne, supra'at 810).
_...RELEASE· OF THE PRISONER ON
PARQLEJS~C'. 9): (FRW)
The Board of-Indeterminate Sentence may authorize
the release of a pri$one,ron parole, upon such terms
and con~itions .as' pre\cribed, after he shall have
served the minimum ;penalty imposed on him,
provided that it ~hall appear to the Board from the
reports of the prisoner's,"-
work and conduct and from
t _Suchprisoner is fitted by his training for release;
2.· ··There is ,Heasonaf>leprobability that he will live
and remain at lit>erty without violating the law;
and ·
3. - S.uch release will not be incompatible with the
~!fare df society.
' ·, J
NOTE: f:v~n if a prisoner has already served the
minimum but he is not fit for release on parole, he
shall continue to serve until the end of the maximum
term.
ENTITLEMENT TO FINAL RELEASE AND
DISCHARGE (SEC. 6): (LV)
During the period of surveillance, such paroled
prisoner shall:
1. Show himself to be a ,baw-abiding citizen; and
v.
2. Shall not ~iolate any law of the Philippine
Islands.
The Board may issue a final certificate of release in
his favor, for his final release and discharge.
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SANCTION FOR VIOLATION OF
CONDITIONS OF THE PAROLE (SEC. 8,
AS AMENDED)
When the paroled prisoner shall violate any of the
conditions of his parole, the Board may issue an
order for his re-arrest which may be served in any
part of the Philippines by any police officer.
In such case the prisoner so re-arrested shall serve
the remaining unexpired portion of the maximum
sentence for which he was originally committed to
prison, unless the Board of Indeterminate Sentence
shall, in its discretion, grant a new parole to the said
prisoner (ISLA W, Sec. 8, as amended by Act. No.
4225).
PROBATION LAW OF 1976
(P.O. NO. 968, AS AMENDED BY R.A.
NO. 10707) . probation shall not be appealable (R.A. No. 10707,
Approved on:
P.D. No. 968 -.January 3, 1978
R.A. No. 10707 - November 26, 2015
Effectivity clause:
R.A. No. 10707 shall take effect immediately after its
publication in the Official Gazette or in two (2)
newspapers of general circulation (R.A No,--10707,
Sec. 11).
Topic related to: Penalties
CONCEPT OF PROBATION
It is a disposition under which a defendant after
conviction and sentence is released subject to
conditions imposed by the court and to the
supervision of a probation officer (P.O. No. 968, Sec.
3(a)).
Probation as a Special Privilege
Probation is not a right granted to a convicted
offender. It is a special privilege granted by the State
to a penitent qualified offender, who does not
possess the disqualifications under Sec. 9 of P.D.
No. 968, as amended. Likewise, the Probation Law
is not a penal law for it to be construed to favor an
accused (Maruhom v. People, G.R. No. 206513,
October 20, 2015).
Probationer
A person placed on probation (1 FESTIN, SPL,
supra at 7).
Probation Officer
One who investigates for the court a referral for
probation or supervises a probationElr or both (1
FESTIN, SPL, supra at 8).
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Three-Fold Purpose (Sec. 2)
1. To promote the correction and rehabilitation of
an offender by providing him with individualized
treatment:
2. To provide an opportunity for the reformation of
a penitent offender which might be less probable
if he were to serve a prison sentence; and
3. To prevent the commission of offenses (P.O. No.
968, Sec. 2).
SCOPE
Application (Sec. 1)
This shall apply to all offenders except those entitled
to benefits under P.D. No. 603 and similar laws.
Probation may be granted whether the sentence
imposes a term of imprisonment or a fine only. The
filing of the -application shall be deemed a waiver of
the right to appeal. An order granting or denying
Sec. 1 amending P.O. No. 968, Sec. 4).
NOTE: It is not a final judgment but an "interlocutory
: judgment" in the nature of a conditional order placing
1 · :: ·_ ~<;:onvicted;defendant under the supervision of the
0
• .: "MUllit91;;~jt9formation, to be followed by a final
judgment of;,\jischarge, if the conditions of the
probation are'.:compliedwith, or by a final judgment
of sentence if.the conditions are·violated (Baclayon
v. Mutia, G.R) Nd. L-59298, April 30, 1984).
B::PLACINGAN OFFENDER
"(SEC. BJ:(IR)
The court shall consider:
t, ...All Information relative to the character,
•t:fi 1ijJl~9El9ents, environment, mental, and physical
· · · ~ffin of the offender; and ·
2. · Available institutional and community
Resources.
DISQUALIFIED OFFENDERS (SEC. 9, AS
AMENDED): (6-SP 2A2 DE2 -MD)
The benefits of the Decree shall not be extended to
those: Sentenced to serve a maximum term of
imprisonment of more than § years;
1. Convicted of any crime against the national
§.ecurity;
2. freviously convicted by final judgment of an
offense punished by imprisonment of more than
6 months and 1 day and/or a fine of more than
P1000;
NOTE: Petitioner's theory that "previous
conviction" under Sec.9(c) should not be literally
and strictly interpreted but should rather be
understood as referring to a situation wherein
the accused was previously convicted of a crime
that arose differently, or was done on a different
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date, from the conviction of a crime for which
probation is applied for. However, in rejecting
her theory, the SC held that "previous
conviction" under Sec. 9(c) is definitive and
unqualified (People v. Pablo, G.R. No. 125108,
August 3, 2000).
The probation law is not a penal statute, and
therefore, the principle of liberal interpretation
does not apply (Pablo v. Judge Castillo, G.R.
No. 125108,August3, 2000).
3. Once placed on frobation under the provisions
of this Decree;
4. Who are Already serving sentence at the time
the substantive provisions of this Decree
became applicable (R.A. No. 10707, Sec. 2,
amending P.O. No. 968, Sec. 9);
5. Who Appealed - does not apply, !cf ,minor
offenders;
NOTE: The court may, after it. shall'tiave
pon.fJjct
convicted and sentenced ayt~ild ···i{l· wifn
the law, and upon application _af ANY TIME,
place the child on prob~tion ln4leu of his/her
sentence, taking into account the best i11terestof
the child. For this purpc,se:seb. 4 o(r.b: No.
968 is hereby amended accofdingly (R.A: No.
9344, Sec. 42). · · · ·
,~ ~' 1 ··' <·,-' .\"'"'
6. Convicted of Qrug traffl:cki'19·~r &Jg::
pu,shing
(R.A. No. 9165, Sec. 24ft
NOTE: Minors as drug pushers are1disquatified.
In the case of Padua \v. Peop~ ($.R. ·
No.168546, July 23, 2008), Padua a\)pttedfor
probation, alleging that he is a mlnol ah<i fjrsf:.a
time offender who desires to avail tht=H;ienelifsof
the Probation Law. However, the same wa~
denied. The SC held that the law is clear in
disqualifying any person convicted for drug '
trafficking or pushing. Had it been the intention
of the legislators to exempt from the application
of Sec. 24 the drug traffickers and pushers who
are minors and first time offenders, the law could
have easily declared so.
Youthful drug dependents, users and
possessors alike, on the other hand, are given
the chance to mend their ways (Padua v.
People, G.R. No.168546, July 23, 2008).
7. Convicted of glection offenses under the
Omnibus Election Code (Omnibus Election
Code, Sec. 261);
8. Placing the offender on probation will NOT serve
the gnd of justice or the best interest of the
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CRIMINAL LAW I
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society and the offender himself (P.O. No. 968,
Sec. 8);
9. Malicious reporting of money laundering
transaction (R.A. No. 9160, as amended by R.A.
No. 9194); and
10. In order not to Qepreciate the crime of torture
(R.A. No. 9745, Sec. 16).
GROUNDS FOR DENIAL OF
APPLICATION: (CORD)
1 . The offender is in need of Correctional treatment
that can be provided most effectively by his
commitment to an institution.
2. There is undue Risk that during the period of
probation the offender will commit another
crime.
3. . Probation will Qepreciate the seriousness of the
o~nse committed (BOADO, SPL, supra at
144):·
·.ROLESON~RANTING
. PROBATION
. .
·After. coh'(iQtion ~h.d sentence is rendered for a
probationaB~ ,p9nalty, the defendant may apply for
probation wittlin the period for perfecting an appeal,
in which'case ft;Je rfgl,rto appeal is deemed waived.
The trial' court $ha1Lth4n suspend the execution of
said sentence and plac~ the defendant on probation
for such period anctupon such terms and conditions
as it may deem best. .
Gl;NEAALRULE:Nohpplication for probation shall
be entertained or granted if Jhe defendant has
perfected th~ appeal~rom the judgment of conviction
(P:D. NQ'.'968, s,c.4, as amended by R.A. No.
10W7f '
QutlaWil'\9 the element of speculation
E3X. perfecting his appeal, petitioner ipso facto
relinquished the alternative remedy of availing the
Probation Law. The purposes of which is to prevent
speculation or opportunism on the part of an
accused who, although already eligible, does not
once apply for probation, but did so only after failing
in his appeal (Francisco v. Court of Appeals, G.R.
No. 108747, April 6, 1995).
The application for probation was denied because
the petitioner already filed a Notice of Appeal with
the RTC before the application was instituted. The
SC held that the remedies of appeal and probation
are alternative and mutually exclusive of each other
(Sat;,le v. People, G.R. No. 177961, April 7, 2009).
EXCEPTION: When a judgment of conviction
imposing a non-probationable penalty is appealed or
reviewed, and such judgment is modified through the
imposition of a probationable penalty, the defendant
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MEK-Q~YAID
San Bede UniversityCollege of Law - RGCTBarOperations Center
shall be allowed to apply for probation based on the
modified decision before such decision becomes
final. The application for probation based on the
modified decision shall be filed in the trial court
where the judgment of conviction imposing a non-
probationable penalty was rendered, or in the trial
court where such case has since been re-raffled
(P.O. No. 968, Sec. 4, as amended by R.A. No.
10707).
NOTE: R.A. No. 10707 amended P.O. No. 968 by
allowing an application for probation if appeal is filed
on non-probationable penalty and penalty imposed
on appeal is probationable.
The accused shall lose the benefit of probation
should he seek a review of the modified oecision
which already imposes a probationable penalty.
(P.O. No. 968, Sec. 4, as amended by R.A. No.
10707).
Colinares Doctrine; Erroneous Convictions
Even if the accused has perfected his appeal, he
may still "apply" for probation, if on appeal, the court
finds that he was convicted-of the wrong offense in
the first instance.
The Probation Law never intended tti' d~my an
accused his right to probation through no:fault of his.
The Court's finding that Amel was guilty; not of
frustrated homicide, but only of attempted tfomfcide,
is an original conviction that for theJirst time imposes
on him a probationable penalty. Had the RTC dof'le
him right from the start, it would have to'µ~d him
guilty of the correct offense and imposed 6n tiim the
right penalty which would have afforded Arne! the
right to apply for probation (Colinares v. People(
G.R. No. 182748, December 13, 2011).
NOTE: In a case involving several defend~ntswhere
some have taken further appeal, the other
defendants m_ayapp_lyfor probation by submitting a
written application and attaching thereto a certified
true copy of the judgment of conviction (P.O. No.
968, Sec. 4, as amended by R.A. No. 10707).
EFFECTS OF FILING AND
GRANT/DENIAL OF APPLICATION:
(WASC)
1. Filing of application for probation operates as a
Waiver of the right to appeal, i.e., conviction
becomes final;
2. The order granting or denying probation shall not
be Appealable;
3. Accessory penalties are deemed .§uspended
once probation is granted (P.O. No. 968; Sec. 4);
and
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4. Waiver of the right to appeal the criminal liability
does not affect the right to appeal the ~ivil
liability ex delicto.
NOTE: The SC reiterated the law which bars an
appeal of the judgment of conviction, as well as its
corresponding criminal liability, should not bar an
appeal of the civil aspect of the same judgment
(Sa/van v. People, G.R. No. 153845, September 11,
2003).
POST-SENTENCE INVESTIGATION
The convict is not immediately placed on probation.
There shall be a prior investigation by the probation
officer and a determination by the court that the ends
of justice and the best interest of the public as well
as that of the defendant will be served thereby (P.O.
No. 968, Sec. 5).
Pending submission of the investigation report
and the resolution of the petition, the defendant
may be allowed on temporary liberty under: (BR)
1. His §ail filed in the criminal case; or
gnizance to the custody of a
member of the community who shall
by the So~"
guaran e his appearance whenever required
f <
(P.O. No. 968, Sec. 7).
CONDlil·O~S\PF PROBATION
Two kin__s of;con(;litions imposed: (Sec. 10)
1. Mlm."· · peneral
d, the probation is cancelled.
(PR)
Probationer fresents himself to the
, probation officer designated to undertake
supervision, at such place as may be
specified in the or~er, within 72 hours from
receipt of order; and
b. He Reports to the probation officer at least
once a month at such time and place as
specified by said officer.
2. Discretionary or Special
additional conditions listed, which the courts
may additionally impose on the probationer
towards his correction and rehabilitation outside
prison.
NOTE: The enumeration is not inclusive. Probation
statutes are liberal in character and enable the
courts to designate practically any term it chooses,
as long as the probationer's Constitutional rights are
not jeopardized. Also, they must not be unduly
restrictive of probationer, and not incompatible with
the freedom of conscience of probationer (Baclayon
v. Mutia, G.R. L-59298, April 30, 1984).
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CRIMINAL LAW I
Criminal Law

EFFECTIVITY OF PROBATION ORDER If Sentermed to Period of Probation

(SEC. 11) Imprisonment of
A probation order shall take effect upon its issuance.
The court shall inform the offender of the One (1) year to six (6) Not exceeding six (6)
consequences thereof and expla1n that upon his years years
failure to comply with any of ·the conditions
Subsidiary Twice the period
prescribed in the said order or his commission of
imprisonment computed
another offense, he shall serve the penalty imposed
computed under Art. 39
for the offense under which he was placed on
ofRPC
probation.
(BOADO, SPL, supra at 154).
MODIFICATION (SEC. 12)
During the period of probation, the court may, upon TERMINATION OF PROBATION (SEC.
application of either the probationer or the probation 16, ·As AMENDED)
officer, revise or modify the conditions or period of After the period of probation and upon consideration
probation. of the report and recommendation of the probation
officer, the court may order the final discharge of the
The court shall notify either the probationer or the probationer upon finding that he has fulfilled the
probation officer of the filing of such an application terms and conditions of his p'robation and thereupon
so as to give both parties an opportunity tq be peard the case is deemed terminated (R.A. No. 10707,
thereon. The court shall inform if} writing the Sec.,, am(;}ndingP.O. No. 968, Sec. 16).
probation officer and the probation~rof ·.:1nycha.rjge
in the period or conditions of probaticm. · · Effects.of Termination of Probation
1. Case •isdeemed terminated;
ARREST OF PERSONS:09 P~OBATION 2. Restoration of all civil rights lost or suspended;
AND SUBSEQUENT.. DrSPOSITIONS and
(SEC. 15) 3. Tota.I extinction of criminal liability as to the
offense for \Whtefl\Arobation was granted (R.A.
At any time during probation, the qourt may issue a
No. ,10707,Sec. 3, $mending P.O. No. 968, Sec.
warrant for tAe arrest of a probationer for any serious
16). ,
violation of the conditions; of ..probation, or upon
commission of another offense. ·
NOTE: ihe probatiqn <'is not coterminous with its
perioq, Jhere .must be first an order issued by the
The probationer, once arrested and detained, shall
court finally /discharging the probationer (Bala v.
immediately be brought before the court for an
Martinez, GR. No. 1£-67301,January 29, 1990).
informal and summary hearing of the,. violation
charged. The. defendant may be. admitt~d to bail·
pending such hearing. PARDON AND PROBATION,
DISTINGUISHED
If violation is established, the court may: ·· Pardon Probation
1. Revoke his probation; or
As to Exercising Authority
NOTE: If revoked, the probationer shall serve
the sentence originally imposed. Includes any crime and Exercised individually
is exercised individually by the trial court.
2. Continue his probation and modify the by the President.
conditions thereof. This order is not appealable.
As to lNhen exercised
PERIOD OF PROBATION (SEC. 14)
Exercised when the Must be exercised
person is already within the period for
IMPRISONMENT SENTENCE AND convicted. perfecting an appeal.
CORRESPONDING PERIOD OF
PROBATION As to Effects

If S~ntenced to Period of Probation Merely looks forward It . promotes the

Imprisonment of and relieves the correction and
offender from the rehabilitation of an
Not more than one (1) Not exceeding two (2) consequences of an offender by providing
year years offense of which he has him with individualized

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MEM:0-:RY
AID
San 8eda UniversityCollege of Law - RGCT8ar Operations Center

. .
Paracu1 Rroation
~robation ISL
been convicted; it does treatment; provides an
not work for the opportunity for the As·t11Av:aifaf!)Uif'y
ef A11eal
restoration of the rights reformation of a penitent
to hold public office, or offender who might be Forecloses right No effect on operation of
the right of suffrage, less probable if he were thereto the law
unless such rights are to serve a prison
expressly restored by sentence; and prevent As to Availabili~
means of pardon. the commission of
Available Only once Always as long as the
offenses.
offender is not
As to Effect on Recidivism disqualified

Does not alter the fact
that the accused is a
recidivist as it produces
only the extinction of
the personal effects of
the penalty.
Does not alter the fact As to Character
that the accused is a
Privilege; must be Mandatory; application
recidivist as it provides
applied for not necessary
only for an opportunity
of reformation to the (BOADO, supra at 330).
penitent offender.

As to lxtinction of Civil 12iability

Does not extinguish the civil liability of the·

CHAPTER FIVE:
offender. EXECUTION AND SERVICE
NU:,. -;fOF PENALTIES
As to Proof
](ARTS. 78-88)
•').
Being a private act by Being a grant by the trial
the President, it must court; it follows th;:it the ·
be pleaded and proved trial court also has the
by the person power to order · its ARTICLE 78
pardoned. revocation in a proper NQHOW A PENAL TY
case ·and under proper· ::«)iBEEXECUTED
circumstances. Only penalty by final judgment can be executed. A
penalty shall be executed in the form prescribed by
PROBATION AND fSL, DISTINGUISHED · · . arid with any circumstances or incidents
'~ly authorized thereby (RPG, Art. 78, pars. 1
Probation ISIL and 2).

In addition to the provisions of the law, the special

As to Sentence regulations prescribed for the government of the
institutions in which the penalties are to be suffered
Must not be more than The maximum penalty
shall be observed with regard to the character of the
6 years must be more than 1
work to be performed, the time of its performance,
year
and other incidents connected therewith, the
relations of the convicts among themselves and
other p~sons, the relief which they may receive, and
their diet (Art. 78, par. 3).

The judgment must be final before it is executed,

because the accused may still appeal within 15 days
from its promulgation (REYES, Book One, supra at
834).

In order for subsidiary imprisonment to be imposed

Entire sentence shall Unexpired portion is to
on accused, it must be expressly stated in the final
be served be served
judgment of conviction as required. under Art. 78. If
subsidiary imprisonment is not stated in the
judgment, the court cannot compel one to serve said

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subsidiary imprisonment despite non-payment of the
fine (People v. Alapan, G.R. No. 199527, January
10, 2018).
ARTICLE 79
SUSPENSION OF THE EXECUTION AND
SERVICE OF THE PENAL TIES
IN CASE OF INSANITY
Rules regarding execution and service of
penalties in case of insanity:
1. When a convict becomes insane or imbecile
after final sentence has been pronounced, the
execution of said sentence is suspended only as
regards the personal penalty;
2. If he recovers his reason, his sentence shall be
executed, unless the penalty has prescribed;
3. Even if while serving his sentence, the convict
becomes insane or imbecile, the above
provisions shall be observed; and " COrt:)(Tlittingcourt for pronouncement of judgment,
4. But the payment of his civil or peepniary ,
liabilities shall not be suspended (RIEYES; 'Book
One, supra at 835). · ·· ····· · ··
NOTE: Only execution of pP~SoriqL ...
P~'}?llty 1s·.
suspended in case of in case cll,Jn,san\ty.
T}'lus, civil
liability may be executed evep in cas, of i?sanity of
convict (REYES, Book One, ,supra
·'.
at
,·
835),t,
NOTE: Art. 80 has been repe'aledby P.D( No. 603
which was amended by R;A.,,No.19344. Tt,e latter
was amended by R.A. No. 1063{1,
,.,,
li ...
..
·..
THE CHILD AND Yctutl-l
(\fELFAR~ ·
CODE
(P.D. No. 603, as ttmend~)
Youthful Offender 2.
1
...·· · .• ,
Sec. 6, R.A. No. 9344 as amended CJvveflije,Justice
& Welfare Act of 2006) repealed P.o.' No. 6Ql(The
Child and Youth Welfare Code) so that ·il•Gbjld15
years of age or below at the time of the commissldn
of the offense is exempt from criminal liability. If the
child is over 15 but less than 18 years of age, he is
likewise exempt from criminal liability UNLESS he
acted with discernment.
Purpose
The purpose is to avoid a situation where juvenile
offenders would commingle with ordinary criminals
in prison (People v. Ga, G.R. No. 49831, June 27,
1990). . Penalty, Art. 86 refers to execution and service of
Guidelines
If the court finds that the youthful offender committed
the crime charged against him, it shall determine the
imposable penalty and the civil liability chargeable
against him.
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CRIMINAL LAW I
Criminal Law
The court may not pronounce judgment of conviction
but instead suspend all further proceedings (P.O.
No. 603, ·Sec. 38).
Since RA No. 9344 does not distinguish between a
minor who has been convicted of a capital offense
and another who has been convicted of a lesser
offense, the Court should also not distinguish and
should apply the automatic suspension of sentence
to a child in conflict with the law who has been found
guilty of a heinous crime (People v. Jacinto, G.R. No.
182239, March 16, 2011). This ruling overturned the
decision in Declarador v. Gubaton, G.R. No. 159208,
August, 18, 2006, which disqualified a juvenile guilty
of an offense punishable by death,Hfe imprisonment,
or reclusion perpetua from availing of the benefits of
automatic suspension of sentence.
The youthful offender shall be returned to the
~heri"!h6"routhful offender:
1 ;,_,1-jas1?9'8Q,found incorrigible;
· .•,g.,, Has fjvillfufly failed to comply with the conditions
of•·his re.hsbHft~tionprograms; or
'3."·Wheii • his <;OQtinued stay in the training
instltutioq wiuid'be inadvisable (R.A. No. 9344,
Seci__ 40 1
,
i:
I
:l·/ ¾
.. . t i
When t"e youtt\f4J .offe~der has reached the age of
eightee~' · while ; in cs>inmitment, the court shall
determi./ie ..whet~ef: .. : .:
..
' 1.... Io 'dismiss the_case, if the youthful offender has
bel-'laved prt>petlf ind has shown his capability
, . ·to·be•a usjfful merJlber of the community; or
2. t:o.pronQOnce th§i judgment of conviction, if the
C9nditi0hs mentioned in No. 1 are not met (R.A.
:,No.,'1344, Sec:.'40).
~<t
..,,,_.. -:·❖•
') »,
,,,❖•
.•
J;Y ,.et:,c;a~~.
the convicted offender may apply
l'Qr, .. idn(R.A. No. 9344, Sec. 42). In any case,
1n&,yduthful offender shall be credited in the service
, of his sentence with the full time spent in actual
commitment and detention (R.A. No. 9344, Sec. 41).
The final release of a .youthful offender, based on
good conduct as provided in Art. 196 shall not
obliterate his civil liability for damages (R.A. No.
9344, Sec. 39).
NOTE: Arts. 81 to 85 refer to execution of Death
other penalties (reclusion perpetua, reclusion
temporal, prision mayor, prision correccional &
arresto mayor).
The parents shall be liable for the civil liabilities
incurred unless they prove that they were exercising
reasonable supervision over the child at the time the
child committed the offense and the utmost diligence
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MEM✓Q.:RY AlD
San Beda Uni-sity ColleQeof Law - RGCT Bar Opetations Center

to prevent the child for committing another offense ARTICLE 88

(R.A. No. 9344, Sec. 20-D).
ARTICLE 87
DESTIERRO
Destierro
Any. person sentenced to destierro shall not be
permitted to enter the place or places designated in
the sentence, nor within the radius therein specified,
which shall be not more than 250 and not less than
25 kilometers from the place designated (RPG, Art.
87).
ARRESTO MENOR
Served in:
1. Municipal jail; or
2. House of defendant himself under the
surveillance of an officer of law but only when
the court so provides in its decision.
Grounds: Health of the offender and other reasons
satisfactory to the court (RPG, Art. 88).

One evades the service of his sentence ·TITLE FOUR:

of destierro when he enters the prohibited area
· specified in the judgment of conviction, and he EXTINCTION OF
cannot invoke the provisions of the Indeterminate CRIMINAL LIABILITY
Sentence Law which provides that its provisions do
not apply to those who shall have escaped from
confinement or evaded sentence (People v. Abilong,
G.R. No. L-1960, November 26, 1948).

It is a settled rule that destierro, · by its nature, is ~

lighter penalty than imprisonment, it follows that
even under the B.P. Big. 129, or the Judici~ry:
Reorganization Act of 1980, jurisdiction over ~es·
punishable with destierro is vested not ip t~ 'RTCs
but in the inferior courts (People iv. Eduarte ·
(Resolution), G.R. No. 88232, February2'6,)1~,9O).
\ARTICLE 89
Destierro is imposed in the folloWing <;fs~s only:
1. Death or serious physical &)jUrie~ ii ·~4sed,C)r C . INAL LIABILITY IS
are inflicted under exceptional cirGMJTWtances. EXTINGUISHED
(RPG, Art. 247); , ....·.·. ·: •
2. Failure to give bond for good beh~vior irfgrave LIABILITY IS TOTALLY
and light threats (RPG, Art. 284); . ... ,:,, HED: (DSAP 3 M)
3. Penalty for the concubine in thi icHme ,of.·
concubinage (RPG, Art. 334); and >: ,;,\': _eath of the convict, as to the personal
4. When after reducing the penalty by on,e,~d:nore penalties; and as to pecuniary penalties, liability
degrees, destierro is the proper. 'pehalty therefor extinguished only when the death of the
(REYES, Book One, supra at 853). offender occurs before final judgment;
2. By §ervice of sentence;
Although destierro does not constitute imprisonment 3. By Amnesty, which completely extinguishes the
(which is a typical example of deprivation of liberty), penalty and all its effects;
it is nonetheless a deprivation of liberty (People v. 4. By absolute fardon;
Bastasa,-No. L-32792 February 2, 1979). Therefore, 5. By frescription of the crime;
where the penalty of destierfo is to be imposed on 6. By frescription of penalty; and
the accused, the benefits of Article 29 should be 7. By the Marriage of the offended woman, as
extended .to him, that is, he should be credited with provided under Art. 344 (RPG, Art. 89).
the time during which he has undergone preventive
imprisonment (I GAMPANILLA, Reviewer, supra at NOTE:· Parole is not one of the modes of
284). extinguishing criminal liability under Art. 89. lnclusio
unius est exclusio alterius (People v. Abesamis,
G.R. No. 140985 August 28, 200).

Final discharge of probationer

It shall operate to restore to him all civil rights lost or
suspended as a result of his conviction and to totally
extinguish his criminal liability as to the offense for

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CRIMINAL LAW I
CriminalLaw

which the probation was granted (P.O. No. 968, as

amended by R.A. No. 10707, Sec. 16). The death of the accused prior to the issuance of
entry of judgment extinguishes only his criminal
CRIMINAL EXTINCTION AND CRIMINAL liability ex de/icto and not civil liability arising from
EXEMPTION, DISTINGUISHED sources other than delicts (People v. Cu/as, G.R. No.
211166; June 5, 2017). ·
€riminal Extinction C;riminalExemption
WHEN JUDGMENT IN A CRIMINAL CASE
As to Occurrence
BECOMES FINAL:
The modes . of Justifying circumstance, 1. After the lapse of the period for perfecting an
extinguishing criminal exempting circumstance appeal under Sec. 4, Rule 122 of the Rules of
liability arise after the or absolutory cause, Court;
commission of the attends the commission 2. When the sentence has been partially or totally
crime. of the crime. · sc1tisfiedor served;
3. The defendant has expressly waived in writing
As to Criminal L.iabili~ the right to appeal (RULES OF COURT, RULE
120, Sec. 7);
There is criminal No criminal liability from 4. By applying for probation because that amounts
liability at the beginning the very beginning .. ·to an express waiver of the right to appeal, or as
but is thereafter an ..automatic withdrawal of a pending appeal
extinguished. · (P.O. No. 968, Sec. 4); or
(I CAMPANILLA, Reviewer, supra at-452). · 5.' Upon the·grant of the withdrawal of an appeal
'·(B()ADO, sllpra at 337).
( ·,, '; --~
Death of the offended party ii,; not,§l ground for
.•"•'.

1
extinguishment of criminal liabil~ wh.!;Jther total or - SERVICIS,qF:$!~T-ENCE
partial. The participation of the ·Off~ded • party is It does pot e',c~inguis~the civil liability (ESTRADA,
essential not for the maintenance j)f the criminal Book Orte, su,Jra·at 34e).
t '. '.! >h:••

action but solely for the i~itfaticm.fthereof (Ddnio-

Teves v. Vamenta, Jr., G.R. Nb; L~38308, December the serltences 'impo&ed consist of deprivation of
26, 1984). liberty. fhe periqd"ofti~ during which the evader of
· sentent~ \¥as allarge ,hould be excluded from the
EFFECTS OF THE ,Dl;AlH '<~~ THI: .servfce bf his sehterrc~ ~s he cannot be said to have
ACCUSED been dePrived of his liSerty when at large (Martin V.
Eiduardo; G.ff. No. 6Z627, March 18, 1983).
1. Before finality of judg'{lent . . , .. ,·· ~· •• •• , < ·:❖' /

- Criminal liability as we!! as botb petso[ial

~ENER,A( RULE/ The RPC requires that the
and pecuniary penalties are e,x:tinguisB'ed, under
seryice'of S8Qte,rtcebe in a penal institution (Marfin
Art. 89 (People v. Bayotas, G:R. No. 102007,
September 2, 1994). ·. . •.. ' : ,, .. GR. No. 62627, March 18, 1983).
v'..Ed.uardo,
,. ':;. ; ,

EXCEPTION: A convict may serve his sentence

NOTE: The term "personal penalties" refers to
the service of personal or imprisonment
penalties, while the term "pecuniary penalties"
refers to fines and costs, including. civil liability
predicated on the criminal offense complained of
(i.e., civil liability ex deficto) (Villareal v. People,
G.R. No. 151258, February 1, 2012).
2. After finality of judgment
Only his criminal liability is extinguished. His
civil liability is not affected by ·his death (I
CAMPANILLA, Reviewer, supra at 458).
outside of prison if his penalty is destierro or arresto
menor pursuant to Art. 88, or when he is granted
probation or parole (BOADO, supra at 339).
AMNESTY
It is an act of the sovereign power granting oblivion
or a general pardon for a past offense, and is rarely,
if ever, exercised in favor of a single individual, and
is usually· extended in behalf of certain classes of
persons, who are subject to trial but have not yet
been convicted (REYES, Book One, supra at 860).

3. Pending appeal of his conviction
The death of the accused pending the
appeal of his conviction extinguishes his criminal
liability as well as his civil liability based solely
on the offense committed, as there is no longer
a defendant to stand as the accused (People v.
Antido, G.R. No. 208651, March 14, 2018).
It commonly denotes a general pardon to rebels for
their treason or other high political offe,nses, or the
forgiveness which one sovereign grants to the
subjects of another, who have offended by some
breach the law of nations (Magdaia Para sa
Pagbabago v. Comelec, G.R. No. 190793, June 19,
2012).

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MEM:-Q~YAID
San Seda UnlverartyCollege of baw - RGCTBarOperationsCenter '

Pardon A:mnestM
PARDON
It is an act of grace proceeding from the power work for the restoration person released by
entrusted with the execution of the laws which of the rights to hold amnesty stands before
· exempts the individual on l},fhomit is bestowed from public office, or the right the law precisely as
the punishment the law inflicts for the crime he has of suffrage, unless such though he had
committed (REYES, Book One, supra at 861). rights are expressly committed no offense.·
restored by means of
Pardon~ must be given AFTER final judgment pardon (Monsanto v.
(People v. Patriarca, Jr., G.R. No. 135457, Factoran, G.R. No.
September 29, 2000). Otherwise, there will be 78239, February 9,
violation of the Doctrine of Separation of Powers. 1989).

ABSOLUTE PARDON A:s to Effect on R:eeidivism

The total extinction of criminal liability of the It does not alter the fact It makes an ex-convict
individual to whom it is granted without any that the accused is a no longer a recidivist,
condition. It restores to the individual his civil and recidivist as it produces because it obliterates
political rights and remits the penalty imposed for the only the extinction of the the last vestige of the
particular offense of which he was convicted personal effects of the crime
(Revised Rules and Regulations of the Board of penalty.
Pardons and Parole, Sec. 2(q)).

CONDITIONAL PARDON
The exemption of an individual within certain limits
or' conditions from the punishment which the)aw
inflicts for the offense he had committed resulting in
the partial extinction of his criminal liability (Revised
Being a PM~e act by Being a Proclamation
Rules and Regulations of the Board of Pardons and
the Presid.enl, i\ must be of the Chief Executive
Parole, Sec. 2(p)).
pleaded and proved by with the concurrence of
the per~n ~rdotled. Congress; it is a public
PARDON AND AMNESTY,, act of which the courts
DISTINGUISHED . . should take • judicial
notice.
Pardon Amnesf.Y
. (Rl=YES, Book One, supra at 864-865).
Asto Scope ·
~..··-~--·,,,
\LJ~t:!t(;:t;iJ}.
..,
It is an act of the It is a blan~et pardon
•"";,PAROON OF THE CHIEF EXECUTIVE
President whose effects whose effects go lnto AND PARDON OF THE OFFENDED
go into to the crime and the criminal liabifity of a PARTY, DISTINGUISHED
penalty. It may be given whole class of persons
for any crime. or communities. It is
often given for political
crimes.

As to lime of Exercise
Extinguished criminal Does not extinguish
After conviction. Even before trial, liability criminal liability
investigation or EXCEPT in Art 266-C
conviction.
(Anti-Rape Law) and
As to Nature 344

It looks forward and It looks backward and

relieves the offender
from the consequences
of an offense of which he
has been convicted-it
abolishes or forgives the
punishment; it does not
abolishes and puts into As to Extinguisnment of Civil L..iabilif.Y
oblivion the offense
Cannot extinguish May expressly waive the
itself; it so overlooks
and obliterates the civil liability
offense with which he is
charged that the

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CRIMINAL LAW I
Criminal Law

PRESCRIPTION OF CRIME AND OF

PENAL TY, DISTINGUISHED
Prescription of Prescription of
erime Penalty

After final conviction Under Anti-Rape Law, As to Right Forfeited

the pardon may now be
The forfeiture or loss of The forfeiture or loss of
at anytime
the right of the State to the right to enforce the
(BOADO, Compact Reviewer, supra at 205). , prosecute. penalty for the crime
committed.
LIMITATIONS TO THE PARDONING
As to Penalty Considered
POWER:
The only instances in which the President under the It is the penalty It is the penalty imposed
Constitution may not extend pardon are as follows: prescribed by law that that should be
1. Impeachment cases; should be considered. considered.
2. Cases that have not yet resulted in a final
conviction (CONST. Art. VII, Sec. 19); and As to Conviction
3. Cases involving violations of election laws1,,1;1Jles
and regulations in which there was no favorable . Nor:\Etyetas prosecution Final and executory as
recommendation coming from ,th~ .C~Jec • has rtot yet,begun. trial on the merits has
(CONST. Art. IX-C, Sec. 5). . . already been
concluded.
MARRIAGE OF THE .. •·ot;F'ENDED.
As to Arrest or Detention
WOMAN
In cases of seduction, ·abd~~fi~n, ;acts ~f ·The Cl,Jlprit;,may ..· f)Ot The convict has been
lasciviousness and rape, ;th~ ·ntarriage· of'·the··· have · . . · .b.~~n under the custody of the
offender with the offended ~arfy s~II extin~uish the apprehended or law.faken
criminal action or remit the pel}a!ty,already jmposed into custody yeJ.
upon him. The provisions ofthls paragraph smallalso
be applicable to the co-principals; a,ccompiices arid. As to Commencement
accessories after the fact of lhe a~ove--rrientioned
crimes (RPG, Art. 344). P~riO'CI;
..starti' form Jhe Commences when the
'?\SC<>very ¢ the cfime convict escapes from
In case of rape, the absolutory cause only applies to · by the qffended ~ the detention or evades the
the principal (husband) who marrJed th~ off~,nded , · auttfor-itles or r' their service of his sentence.
party (REYES, Book Two, supra at 72.2}, 8~l)~S. :
. .,,,
yBOA()q 'stipra at 359).
Marriage must be contracted validly, legally, ,atld in ,, '~ ,::':,

good faith, as an expression of their mutual love'fot·· · ARTICLE 90

each other and their desire to establish a family of
their own. Given public policy considerations of
respect for the sanctity of marriage and the highest
regard for the solidarity of the family, appellant was
accorded the full benefits of Art. 89, in relation to Art.
344 and Art. 266-C of the RPC (People Ii. De
Guzman, G.R. No. 185843, March 3, 2010).
Valid marriage between the offender and the
offended party shall extinguish the action or the
penalty imposed. All elements essential for marriage
should then be present (BOADO, Compact
Reviewer, supra a.t428). .
PRESCRIPTION OF CRIMES
Prescription of crimes is governed by:
1. Art. 91 of the RPG for felonies;
2. Special penal laws (SPL) which provide for their
own period and rules of prescription; and
3. Act No. 3326, known as "An Act to Establish
Periods of Prescription for Violations Penalized
by Special Acts and Municipal Ordinances and
to Provide When Prescription Shall Begin to
Run", as amended by Act. No. 3763, for SPLs.
without such provisions (BOADO, supra at 345).

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PERIODS OF PRESCRIPTION OF In computing the period of prescription, the first day

CRIMES is to be excluded and the last day included (CIVIL
CODE, Art. 13).

A. UNDER ART. 90 OF THE RPC Where the last day of prescriptive period falls on a
Penalty Prescrii;,tive Sunday or legal holiday, the information can no
eerioa longer be filed on the next working day as the crime
has already prescribed (Yapdiangco v. Buencamino,
Crimes punishable by Death, 20 years G.R. No. L-28841, June 24, 1983)..:
Reclusion Perpetua or
Reclusion Temporal It is an established doctrine that a preliminary
investigation interrupts the prescription peribd. A
Other Afflictive Penalties 15 years preliminary investigation is essentially a·
determination whether an offense has been
Correctional Penalties 10 years committed, and whether there is probable cause for
(except Arresto Mayor) the accused to have committed an offense
(Securities and Exchange Commission v. lnterport
Arresto Mayor 5 years Resources Corp., G.R. No. 135808, October 6,
2008).
Libel and Similar Offenses 1 year
Prescription emanates from the liberality of the
Oral Defamation and Slander by 6 months State. Any bar to or cause of interruption in the
Deed operation of prescriptive periods cannot simply be
implied nor derived by mere implication. Any
Light offenses 2 months · inution this endowment must be directly and
(RPG, Art. 90). tioned by the source itself, the State.
Any _his matter must be resolved in favor
B. FOR VIOLATIONS OF SP,ECIAL of the grant~ 5thereof, the accused (Romualdez v.
Marcelo, G.R."N,9s.165510-33 July 28, 2006).
LAWS AND MUNICIPAL
ORDINANCES RESCRIATION OF CRIMES
Prescriptive ., ' ,. .,FINES
Penalty
Period --~
To d . prescriptibility of an offense
penalized wI a fine, whether imposed as a single
Fi.ne or Imprisonment for not 1,year
or as an alternative penalty, such fine should not be
more than one (1) month, or both ''

or converted into a prison term, but rather it

;v
;::eonsideredas such fine _underArticle 26
Imprisonment for more than one 4 years of the Revised Penal Code; and thaffor purposes of
(1) month, but less than two (2) ,·,,~
prescription of the offense,· defined and penalized in
years Article 319 of the Revised Penal Code, the fine
imposable therein if correctional or afflictive under
Imprisonment for two (2) years or 8 years the terms of Article 26, same Code, should be made
more, but less than six (6) years the basis rather than that of arresto mayor, also
imposable in said Article·319 (People v. Basalo, G.R.
Imprisonment for six (6) years or 12 years No. L- L-9892, April 16, 1957).
more
A fine, whether-. imposed as a single or as an
Crime of Treason 20 years alternative penalty, should not and cannot be
reduced or converted into a prison term it is to be
Against any law or part of law 5 years considered as a separate and independent penalty
administered by the Bureau of consonant with Art. 26 of the RPC (People v. Hon.
Internal Revenue Dacuycuy, G.R. No. L-45127, May 5, 1989).
Penalized by Municipal 2 months
Ordinances
WHEN THE PENAL TY IS A COMPOUND
ONE
(Act. No. 3326, Sec. 1).
The highest penalty is the basis of the application of
the rules contained herein (People v. Cruz, G.R. No.
L-15132, May 25, 1960).

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Q: Is there a conflict between the provisions of the

Revised Penal Code on prescription of crimes and
Sec. 8, Rule 117 of Rules of Court (time-bar)? NOTE: The
termination
ANS: None. Sec. 8, Rule 117 is but a limitation of contemplated here
the right of the State to revive a criminal case against refers to a termination
the accused after the Information had been filed but that is final as to
subsequently provisionally dismissed with the amount to a jeopardy
express consent of the accused. If a criminal case is that would bar a
dismissed on motion of the accused because the subsequent
trial is not concluded within the period therefor,· the prosecution (REYES,
prescriptive periods under the Revised Penal Code Book One, supra at
are not thereby diminished. But whether or not the· 881).
prosecution of the accused is barred by the statute
of limitations or by the lapse of the time-line under As to Arrest or Detention
the Rules of Court! the effect is basically the same.
The term of No similar provision.
ARTICLE 91 prescription shall not
COMPUTATION OF PRESCRIPTION run when the offender NOTE: The silence of
is absent from the the law can only be
OF OFFENSl::S Philippines. interpreted to mean that
Section 2 of Act No.
RULES ON THE COMPUTATION Of ✓ 3326 did not intend such
PRESCRIPTION OF OFFENSSs· an interruption of the
prescription unlike the
Art. 91, R~~ Sec. 2, Act. No. 8326 explicit mandate of Art.
91 (Romualdez v.
As to ~&mrne11cement
Marcelo, G.R. Nos.
From the day on whichFrom the day of the 165510-33, July 28,
comm1~s1on of
the crime is discovered the 2006).
violatiOn:ofthelaw, and if
by the offended party,
ttie sarn~ be .not~nown-
the authorities, or their NOTE!A,rt91 ntal<e.s
n() distinction between a public
agents. at, the time,.· frcn:f the crime and a private forime. In both cases, the
discovery ' thereof and disfuv~ry ma'y. be by the "offended party, the
NOTE: This list is the trstituti6n of judicial authodties, dr their agents." (AMURAO, Book One,
exclusive (BOADO, proceeding .for its supra at 1094). .
supra at 346). investigation and
punishment. The fact that. any aggrieved person entitled to an
action t)as no"knowledge of his right to sue or of the
As to Interruption facts out of which his right arises does not prevent
·•·,,·,.
the running of the prescriptive period (Del Rosario
It is interrupted by the It is also interrupted
v. People, G.R. No. 199930 June 27, 2018).
filing of the complaint when proceedings are
or information instituted against the
Period of prescription for instituting criminal actions
corresponding to the guilty person. for falsification of a public document, under Art. 172
offense committed with of the RPC, commences on the date of registration
the prosecutor. of the forged or falsified document (Lim v. People,
_ As to Resumption G.R.No. 226590,Aprll23, 2018).

It shall commence to Prescription shall begin Blameless Ignorance Doctrine

run again when such to run again if the Prescription runs only upon discovery of the crime
proceedings terminate proceedings are by the offended party or State through a person in
without· the accused .dismissed for reasons authority or his agent. The State and the
being . convicted or not constituting complainant should not be blamed for failure to
acquitted, or are jeopardy. institute the case immediately after the commission
unjustifiably stopped of the crime if he is ignorant of such commission (I
for any · reason not CAMPANILLA, Reviewer, supra at 469).
imputable to him.
The statute of limitations runs only upon discovery of
the fact of the invasion of a right which will support a

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cause of action. In other words, the courts would
decline to apply the statute of limitations where the
plaintiff does not know or has no reasonable means
of knowing the existence of a cause of action
(Presidential Commission on Good Government v.
Gutierrez, G.R. No. 189800, July 9, 2018).
Olarte Case
The filing of the complaint in the Municipal Court,
even if it be merely for purposes of preliminary
examination or investigation, should, and does,
interrupt the period of prescription of the criminal
responsibifity, even if the court where the complaint
or information is filed can not try the case on its
merits (Peoplev. Olarte, G.R. No. L:2245, February
28, 1967).
Article 91 of the RPG, in declaring that the
prescriptive period "shall be interrupted by the filing
of the complaint or information," does not distinguish
whether the complaint is filed for preliminary
investigation only for an action on the merits
(REYES, supra at 877). · WHEN AND HOW PENAL TIES
Accused cannot be convicted of lesser offense
included within the offense charged, if the latter has
already prescribed (Francisco v. Court of /M}pea/s,
G.R. No. L-45674, May 30, 1983).
The complaint or information that will in°teriµpt the
period must be the proper information or complaint
corresponding to the offense cgrilmitted (People v.
Abuy, G.R. No. L-17616, May 30,"1962).
If the original complaint or informatiorr i$ filed .within·
the prescriptive period and the amendment was
made after said period, a distinction should be made
between a new and different act complained of,c1pd
mere correction or new specifications to amplify and
give greater precision to the allegation in :support of
the cuase originally presented. If it is merely a
correction of a defect, the date of the original
complaint or information should be considered
(REYES, supra at 879).
WHERE ART. 91 DOES NOT APPLY:
-1. Continuing crimes
because there could be no termination of
continuity and the crime does not end (People v.
Sabbun, G.R. No. L-18510, January 31, 1964).
2. Crimes of false testimony
a. If the testimony is against the defendant
from the date final judgment was
rendered;
b. If the testimony is in favor of the defendant
from the date when testimony was
given (People v. Maneja, G.R. No. 47684,
June 10, 1941).
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3. Bigamy
although marriage is registered, prescriptive
period commences from date of discovery
(Garcia v. Court of Appeals, G.R. No. 119063,
January 27, 1997).
Suppletory application of Art. 91 to Special
Laws:
1. The Revised Election Code - The filing of the
complaint before the Court of First Instance for
purposes of preliminary investigation tolled the
period of prescription provided in Section 188 of
the Revised Election Code (Astorga v. Puno, No.
L-25600 September 30, 1975).
2. The Labor Code - the prescriptive period in
respect of the offense of illegal recruitment
began to run on the date of discovery thereof by
the complainants and the authorities concerned
(POEA) (People v. Duque, 212 SCRA 607, G.R.
No. 100285 August 13, 1992).
ARTICLE 92
PRESCRIBE
eriods of penalties:
reclusion perpetua - 20 years;
Other a . ive penalties - 15 years;
Correctiboal penalties - 10 years except for the
penaltYot alrestomayor which prescribes in 5
year~fant .
Light!pentltieSc 1 year
½'{\p
The pe e imposed by final sentence.
Hence, if the convict appealed and thereafter fled to
the mountains, the penalty imposed upon him would
_;Qrescribe,because pending the appeal, the
not final (REYES, Book One, supra at
·· :S'Mi
886).
ARTICLE 93
COMPUTATION OF THE
PRESCRIPTION OF PENAL TIES
Escape
For purposes of Articles 93 and 157 of the RPC
means unlawful departure of prisoner from the limits
of his custody. Clearly, one who has not been
committed to prison cannot.be said to have escaped
therefrom (Del Castillo v. Torrecampo, 394 SCRA
221, G.R. No. 139033 December 18, 2002).
Outline:
1. Period of prescription commences to run from
the date when the culprit evaded the service of
his sentence.
2. It is interrupted if the convict:
a. Gives himself up;
b. Is captured;
c. Goes to a foreign country with which the
Philippines has no extradition treaty with, or
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d. Commits another crime before the CRIMINAL LIABILITY IS PARTIALLY

expiration of the period of prescription. EXTINGUISHED:
1. Under Art. 94, as amended by R.A. No. 10592:
The period of prescription of penalty shall
·a. By conditional pardon;
commence to run again when the convict escapes
b. By commutation of the sentence;
again, after having beeri captured and returned to
c. For good conduct allowances which the
prison (REYES, Book One, supra at 889).
culprit may earn while he is undergoing
preventive imprisonment or serving his
If the culprit is captured and evades again the
sentence.
service of his sentence, the period of prescription
that has run in his favor should be taken. into account
2. In addition:
(Id.).
a. Parole granted to a convict by the Board of
Pardons and Parole under the
REQUISITES OF PRESCRIPTION OF Indeterminate Sentence Law (ISL);
PENALTY: b. Probation uoder P.O. No. 968; and
1. The penalty is imposed by final judgment; c. Partial repeal of penal law (BOADO, supra
2. The convict evaded the service of his sentence at 360).
by escaping during the term of his sentence;
3. The convict who escaped from prison has not Conditional Pardon
given himself up, or been captured, or gonetb a ~·'ffis an, onerous contract between the President and
foreign country with which we. have. no 1 j tne"
COflVict to the effect that the former will release
extradition treaty, or committed another cnrrle; .. :'J11e laher'.'sub}e{::tto the condition that if he does not
4. If our Government has an extra~itio}ttrsgtyWith comply withJn~}erms of the pardon, he will be
the country to which the of{ehd&,r ~caped,.the · · · feca,mrmtte<t t-0. prison and serve the unexpired
crime committed should n,¢~ ~Jn(.;tudf'.I in the portioii pf tqt':!..~er1\e'\ce or an additional one (Id. at
treaty, as this would interrupfthe/lmning of the 361). · '\t·· \
prescriptive period; • ( ;
5. The penalty has presQribepr pecause of the · It can bJ
exten~~cft~ t~e convict through the:
lapse of time from the 1date ..qf the eyasio(l of 1. Operation ot ttielst
service of the sentenceibY tt).e convict; 1?nd 2'.. Gra,nt of probation qnder P.O. No. 968; and
6. There is no acceptanc~ of a s;qnditiarialpardon 3. Ex¢~ti'l,'.e 4emeri.qy motu proprio under the
by the convict since it wquld inte1ruptt6~ running . Ccinstitution,',.(13Q.fDO, Compact Reviewer,
of the prescriptive period (R~'i'J=S, ~bol({Jne; / supra at 21<3). ·
supra at 889). · ·
,•1\in(:i:st
be g(ven a~r final judgmer,t and must be
Evasion of service of senten~, being•~p it~e1(C:ai ·· a~ptedJiecause6f the conditions which must be
crime, does not interrupt· thd"\running'•\Qf'•the ..· stric\!Y ''tOfTlP,lieq,\vith. When the conditions are
prescriptive period of penalties. Ev3$ion 1of)eivtee, ... viofat~d, the ~ffender is considered in evasion of the
which is a requisite in the prescription of pan;:il~es, .f>efViteJJf.(lig' sentence and shall be:
must necessarily take place before the rurifiJng,ofthe 1'. 8:eartested and reincarcerated by order of the
period of prescription; hence, cannot interrupt it(fct · · , ' ,,,"'''President under the Revised Administrative
0

at 892). Code; or
2. Prosecuted under Art. 159 of the RPG (Id. at
188).

CHAPTER TWO: Conditional pardon does not extinguish the civil

liability arising from the crime (People v. Nacional,
PARTIAL EXTINCTION OP G.R. Nos. 111294-95, September 7, 1995).
CRIMINAL LIABILITY
(ARTS. 94-99) Commutation of the Sentence
Commutation is the change in the sentence by final
WITH R.A. NO. 10592 conviction either by lowering the term of the
AMENDING sentence or change in the nature of the sentence.
This commutation can take the form of reduction of
ARTS. 94, 97, 98 AND 99 the term of imprisonment or change in the nature,
like imprisonment to destierro (BOADO, supra at
363).

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Good Conduct Allowance (GCA)
The computation of preventive imprisonment in Art.
29 for purposes of immediate release shall be the
actual period of detention with the GCA factored in.
Thus: actual period of detention + GCA = total
period of preventive imprisonment. Compare the
total to the maximum period of detention to
determine if he can be immediately released
(BOADO, Compact Reviewer, supra at 215).
Amendments introduced by R.A. No. 10592 to
Art. 97:
1. Allowance for ·good conduct also granted to
detention prisoners as long as they are qualified
for credit for preventive imprisonment pursuant
to Art. 29, that is, they are not any of the
following: ·
a. Recidivist or convicted previously twice or
more of any crime;
b. When upon being summoned for the
execution of their sentence, they failed to
surrender voluntarily;
c. Habitual delinquents, escapees and.
persons charged with heinous crimes added
by R.A. No. 10592 as excluded from t~e
coverage of the provision (Id. at 191).
2. Increase in deduction from period of sentence
The deduction was increased from
a. 5 to 20 days: for the firsJ :2 yEl!arsof
imprisonment; · aliowanc9s, ~nee, granted, shall not be revoked
b. 8 to 23 days: from the· ~rd to ijth year of
imprisonment; _ ·
c. 10 to 25 days: 6th to 1Qth year of
imprisonment; · sentence, Articles 70 and 97 of the Revised Penal
d. 15 to 30 days: 11th and successive years of
imprisonment (REYES, Book On~,...stJpra at
90~. .
3. Additional deduction granted
Aside· from the deduction of 20 to 30 days
per - month of good behavior, an additional
deduction of 15 days is graAted for each month
of study, teaching or mentoring service time
rendered (Id.).
· 4. Effect of appeal
An appeal by the accused shall not deprive
him of entitlement to the above allowances for
good conduct (Id.).
Allowance for good conduct is not given to
accused enjoying liberty under a conditional
pardon. The reason is that the good conduct
time allowance is given in consideration of good
conduct observed by the prisoner while serving
his sentence (People v. Martin, G.R. No. 46432,
May 17, 1939).
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Special Time Allowance for Loyalty
A deduction of two-fifths (2/5) of the period of his
sentence · shall be granted in case said prisoner
chose to stay in the place of his confinement
notwithstanding the existence of a calamity or
catastrophe enumerated in Art. 158 of the RPC.
A deduction of one fifth (1/5) of the period of his
sentence shall be granted to any prisoner who,
having evaded his preventive imprisonment or the
service of his sentence under the circumstances
mentioned in Art. 158 ofthis Code, gives himself up
to the authorities within 48 hours following the
issuance of a proclamation announcing the passing
away of the calamity or catastrophe referred to in
said article.
Jt shall apply to any prisoner whether undergoing
preventive imprisonment or serving sentence (RPG,
Art. 98, as amended by R.A. No. 10592).
The deduction is based on the original sentence not
on the unexpired portion of his sentence (REYES,
• % Book One, supra at 904).
~;';,)Bet .for good conduct is not an automatic
right. granted by-either the Director of the
Bureau of c<;i~ctions, the Chief of the Bureau of Jaif
Management~r\d Penology, and/or the warden of a
provincial,/ d~trl~t, municipal or city jail. Such
(RPG, Ajt. 99;' as EN[lendedby R.A. No. 10592).
1
While· ~ ~
1 sident can commute a prison
e recognize partial reduction or commutation of
y providing that "for penal penalties, the
duration shall be computed for 3_0years and the
allowances of good conduct must be applied on top
bf the (good conduct time allowance) accorded to an
inmate with a colonist status."
Accordingly, to implement the provisions of Article
97, the law has granted the Director of Prisons the
power to grant good conduct - allowances. The
mandate of the Director of Prisons embodied in
Article 99 of the RPC is clear and unambiguous. In
fact, once granted, such allowances shall not be
revoked (Cruz Ill v. Go GR No. 223446, November
28, 2016). .
Parole
It is the suspension of the sentence of a convict, after
serving the minimum term of the indeterminate
penalty, without being granted a pardon, prescribing
the terms upon which the sentence shall be
suspended.
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If the convict fails to observe the condition of the repealing statute is that one which is more favorable
parole, the board of pardons and parole is to the convict. (U.S. v. Soliman, G.R. No.11555,
authorized to: January 6, 1917).
1. Direct his arrest and return to custody and
thereafter;
2. To carry out his sentence without deduction of
the time that has elapsed between the date of TITLE FIVE:
the parole and the subsequent arrest (REYES,
Book One, supra at 896). CIVIL LIABILITY
CONDITIONAL PARDON AN.D PAROLE,
DISTINGUISHED
Conditional Pardon Parole CHAPTER ONE:
May be given at any May be given after the
PERSONS CIVILLY LIABLE
time after final prisoner has served the FOR FELONIES
judgment; is granted by minimum penalty; is (ARTS. 100-103)
the Chief Executive granted by the Board of
under the provisions of Pardons and Parat~
the Administrative under the pro~~tf 'of
Code. the ln,~termil)ate ARTICLE 100
Sentence,,l',W.* '\ C '+
/" . ·\. ' / l'IABILITY
/. -~ OF A PERSON
For violation of the For vip1~1itviof · #terJll$· OF FELONY.
conditional pardon, the of t~e 1~01~;.tnelonviqt. ery person criminally liable for
convict may be ordered carjhol' ile/ prrn1ecutect. 'liable (RPG, Art. 100).
t
re-arrested or re- Urjtier Ar(. 15~ of the
incarcerated by the RPC
~
· ,hf
;::,: ,~1
can 'r:· be Te" ··€XC€PltlON: \fhen nQdam.ages can ordinarily be
Chief Executive or may atr J ancl . re.~ suataineJ'.jby at,;j111'fv~te\
party. Examples of these
be prosecuted under i1 f ted to~~rve t~e, :~'victimlEJSS crinJes:,,J1"3 espionage, violation of
Art. 159 of the Code. up "'~t pqrt10,11\ of his neutraljty, flight/to an jmemy country and crimes
at ~na\.ty.;
f. ·::,, \ .,,·
'B'gain~,:··popu~r;.,,,,.,i;er;fr~entation (REGALADO,
Cri'J)fqfatLAw qt>nspecjus (2017), p. 342).
(Id. at 898). ~.··· , f d

Probation
(J~~~~e ha;l~ dual /haracter:
,•
• ; ~ -:. As ari<>ffense~ainst the State, because of the
It is a disposition under which"?<adeferi
conviction and sentence is rel~sed ,$
' ; ;.•. d" 0 rqqrice ,Sit-he social order; and
..2, . E;inQffli.nseagainst the private person injured
conditions imposed by the co~rt•,,,trh.' .. o. · \,~y\th«l,~fime, unless it involves the crime of
supervision of a probation officer (P.O. Ro.,968,,Sec.
3(9)). "•·~ . . . <tr~6n, rebellion, espionage, contempt, and
,, '''"', ~"'''"others wherein no civil liability arises on the part
of the offender, either because there are no
This shall apply to all offenders except those entitled
damages to be compensated or there is no
to benefits under P.O. No. 603 and simffar laws (P.O.
private person injured by the crime (Id.).
No. 968, Sec. 1).
Effect of acquittal
May be granted even if the sentence is fine only, but
Extinction of the penal action does not carry with it
with subsidiary imprisonment in case of insolvency
the extinction of the civil liability where: (a) the
(REYES, Book One, supra at 820).
acquittal is based on reasonable doubt as only
preponderance of evidence is required; (b) the court
(Refer to SPL part for a detailed discussion on ·
declares that the liability of the accused is only civil;
Probation Law.)
and (c) the civil liability of the accused does not arise
from or is not based upon the crime of which the
Partial repeal of penal law
accused is acquitted.
In any case in which a statute prescribing a penalty
for the commission of a specific offense is repealed,
However, the civil action based on delict may be
and in which the new statute provides new and
deemed extinguished if there is a finding on the final
distinct penalties for the commission of such offense,
judgment in the criminal action that the act or
the penalty which must be imposed on one who
omission from which the civil liability may arise did
committed the offense prior to the enactment of the
not exist or where the accused did not commit the

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. acts or omission imputed to him (Daluraya v. Oliva,
G.R. No. 210148, December 8, 2014).
Also, the extinction of the penal action does not carry
with it the extinction of the civil liability, unless the
extinction proceeds from a declaration in a final
judgment that the fact from which the civil liability
might arise did not exist (See RULES OF COURT.,
RULE 111, Sec. 2: Civil liability arising from other
sources of obligations is not impliedly instituted with
the criminal action).
Effect of dismissal of case
The extinction of the penal action does not carry with
it extinction of the civil action. However, the civil
action based on delict shall be deemed extinguished
if there is a finding in a final judgement in the criminar
action that the act or omission trim which the civil
liability may arise did not exist (RULES OF COURT,
RULE 111, Sec. 2).
Effect of death of the offender
Upon death of the accused pending appeal of tll~•·
conviction, the criminal action is extinguished ·
inasmuch as there is no longer a defendant to startd · j(;f,and 3, Art. 12)
as the accused; the civil action instituted therein for·
recovery of civil liability ex delicto is ip~o, facto
extinguished, grounded as it is on the criminal (De
GtJzman v. People, G.R. No. 154579, ;October 8,
2003). ..··. .
Accused-appellant died before fj~I judg~nt, as in
fact, his motion for reconsideration is stilfpending
resolution by the Court. As such, it therefore
becomes necessary for us to decl-"his ~iminal
liability as well as his civil liability ex delicto t~, have
been extinguished by his death prior to final
judgment (People v. Consorte, G.R. /\1,i.19401$8;·
November 26, 2014). ···
In all these cases, civil liability from sources other
than delict is not extinguished.
Rule if the offender is acquitted, insofar as the
civil liability is concerned
As a rule, if the offender is acquitted, the civil liability
is extinguished, except:
1. If the acquittal is on the ground thatthe guilt has
not been proven beyond reasonable doubt
(CIVIL CODE, Art. 29);
2. The acquittal was due. to an exempting
circumstance in favor of an imbecile or an insane
person, and a person under 15 years .of age, or
• those over 15 but under 18, who1 has acted
without discernment, or those acting under the
compulsion of an irresistible force or under the
impulse of an uncontrollable fear of equal or
greater injury (RPG, Art. 12);
3. When the court finds and states in its judgment
that there is only civil responsibility;
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4. When civil liability arises from other sources of
obligations; and
5. Independent civil actions (CIVIL CODE, Arts. 31,
32, 33, and 34).
NOTE: An acquittal in a criminal case is not
evidence of innocence in a subsequent civil action
based upon the alleged criminal act (REYES, Book
One, supra at 926).
ARTICLE 101
RULES REGARDING CIVIL LIABILITY
IN CERTAIN CASES
Civil liability is still imposed in cases falling under
exempting circumstances (RPG, Art. 12), except:
1. Paragraph 4 of Art. 12 which provides for injury
caused by mere accident.
2. Paragraph 7 of Art. 12 which provides for failure
to perform an act required by law when
prevented by some lawful or insuperable cause.
· <; Persons civilly liable for acts of insane or minor
i:il-
exempt from criminal liability (paragraphs 1, 2
r:fMt~)o'.JI
:i'.Jii Ii · y for acts committed by an imbecile or
insan "' and by a person under 9 years of age
or over 9 bufnnder 15 years of age, who has acted
without di~~rnment, shall devolve upon those
a
having suQh p\rson under their legal authority or
control, uJiles!Sit ~ppears that there was no fault or
neglige~e o~ thei\pait (RPG, Art. 101, Par. (2)).
-::;~ff~:::.
t ~ i1.;~
If there t::.:·1r1t1egligenceon their part, or even
if at fault or negligent but insolvent, or should there
be no person having such authority or control, the
imbecile, or such minor shall respond with
u·111)roperty not exempt from execution
· ·· (ESTRADA, Book One, supra at 370).
Persons civilly liable for acts of minors over 15
years of age who act with discernment
Art. 201 of the Child Youth Welfare Code, as
amended provides that the civil liability for acts
committed by a youth offender shall devolve upon
the following persons:
1. Offender's father;
2. Mother, in case . of the father's death or
incapacity; and
3. Guardian, in case of mother's death or
incapacity.
Civil liability may also be voluntarily assumed by a
relative or family friend of the youthful offender.
Persons civilly liable for acts committed by
persons actin·g under irresistible force or
uncontrollable fear
1. The persons using violence or causing the fear
are primarily liable.
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PN17C
2. If there be no such persons, those doing the act
shall be liable secondarily (REYES, Book One,
supra at 930).
No civil liability is imposed in cases falling under
justifying circumstances, except under paragraph 4
of Art. 11, where a person does an act, causing
damage to another, in order to avoid evil or injury,
the person benefited by the prevention of the evil or
injury shall be civilly liable in proportion to the benefit
he received (Id.).
ARTICLE 102
SUBSIDIARY CIVIL LIABILITY OF
INNKEEPERS,TAVERNKEEPERS,AND
PROPRIETORS
OF ESTABLISHMENTS
REQUISITES OF PAR. 1:
1. The innkeeper, tavern keeper or proprietor of
establishment or his employe~ ·cpmq,itted q
violation of municipal ordinanc;_,or soo:ie general
or special police regulation;: , .·. • .
2. The crime is committed in suc'1 IT}r'I, tavern or
establishment; and
3. The person criminally liaple is insolvent.
Concurrence of all elements makEis the ir\nkeeper,
tavern keeper, or proprietor civilly.liable for tpe crillle
committed in his establishment.: ·
REQUISITES OF PAR.;,i) · ..
. 1. The guests notified in advance th~ innkeepe('~t
the person representing of the deposit oftheir
· goods within the inn or house; ,
2. The guests followed the dinactio~ ',of t~e
innkeeper or his representative Wi!h.r~petc.t to
the care of and vigilance over such'!:Joqds;cilnd
3. Such goods of the guests lodging therefrr·wer~ .
taken by robbery with force upon things or theft
committed within the inn or house.
. No liability shall attach in case of robbery with
violence against or intimidation of persons, unless
committed by the innkeeper's employees (Id. at
932). . industry;
It is not necessary that the effects of the guest be
actually delivered to innkeeper. It is enough that
such effects are within the hotel or inn (YHT Realty
Corp. v. Court of Appeals, G. R. 126780, February
17, 2005).
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CRIMINALLAW I
'CriminalLaw
ARTICLE 103
SUBSIDIARY CIVIL LIABILITY
OF OTHER PERSONS
REQUISITES OF ART. 103:
1. The employer, teacher, person, or corporation is
engaged in any kind of industry;
2. Any of their servants, pupils, workmen,
apprentices, or employees commits a felony
while in the discharge of his duties; and
3. The said employee is insolvent and has not
satisfied his civil liability.
Industry
An enterprise - not conducted as a means of
livelihood or for profit and does not come within the
meaning of the terms "business", or "trade". It is one
which employs so much labor and capital a:nd is a
distinct branch oftrade.(REYES, Book One, supra at
933).
· Notes: A Hospital doing charitable service is not
engaged in industry; hence, not subsidiarily liable fqr
acts ofrn'.trs'es(REYES, Book One, supra at 934).
The employment of.the diligence to be expected of a.
a
good fcnher 6f . 'family in the selection and
supervision of ~is· employees will not exempt the
parties subsidiatily liable for damages (Arambulo v.
Manila Electric Po., G.R. No. 33229, October 23,
1930)'.
Subsidiary liability of Efmployer arises only after the
eorivicflbn ofthe employee in the criminal action
(l:ESTRADf.;'Book (lhe, supra at 373).
Tl;le •statufcity ,basis for an employer's subsidiary
liabillt}US found in Article 103 of the Revised Penal
Code: This liability is enforceable in the same
criminal proceeding where the award is made.
However, before execution against an employer
ensues, there must be a determination, in a hearing
set for the purpose of:
1. the existence of an employer-employee
relationship;
2. that the employer is engaged in some kind of
3. that the employee is adjudged guilty of the
wrongful act and found to have committed the
offense in the discharge of his duties (not
necessarily any offense he commits "while" in
the discharge of such duties); and
4. that said employee is insolvent.
(Basilio v. Court of Appeals, G.R. No. 113433, March
17, 2000).
Employers shall be liable for the damages caused by
their employees, but the employers' responsibility
shall cease upon proof that they observed all the
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MEM-Q~YAID
San Seda Univl!lrsltyCollegeof law • RGCTBlilrOperationsCanter

diligence of a good father of the family in the
selection and supervision of their employees. (Heirs
of Redentor Comp/eta v. Albayda, Jr., G.R. No.
172200, July 6, 2010).
though it be found in the possession of a third person
who acquired it by lawful means except when
acquired by such person in any manner and under
the requirements which, by law, bar an action for its
recovery (RPG, Art. 105).

The civil liability of the offender to make restitution,

CHAPTER.TWO: under Art. 105 of the Revised Penal Code, does not
WHAT CIVIL LIABILITY arise until his criminal liability is finally declared,
since the former is a' consequence of the latter
INCLUDES (Chua Hai v. Kapunan, {3.R. No. L-11108, June 30,
(ARTS. 104-111) 1958).

The liability to return a thing must arise from a

criminal act, not from a contract.
ARTICLE 104
WHAT IS INCLUDED IN In this case for the theft of a ring, the offense was
duly proven but the offender was not identified. The
CIVIL LIABILITY defendant was therefore acquitted, and it was
1. Restitution.; ordered that the ring be returned to its owner, who
2. Reparation of damage caused; and was not a party to the proceeding. Any person
3. Indemnification for consequential damages. deprived of his property in consequence of a crime
may recover it, although it be in the possession of
CIVIL AND PECUNIARY LIABILITIES, another who has acquired it by lawful means other
DISTINGUISHED - . _nthose mentioned in article 464 of the Civil Code
: ii,,V. :lfejano, G.R. No. 33667, October 4,
Civil Liability Peeunia!'y' Liability ,~;·'>:<> ',.,
1930 . '"~ '' ,:~
Similarity 1
The culprit viilf,_be ordered to pay such amount
Both include: representing the deterioration or diminution of value,
1. reparation of the damage caused, and if there is/tmy;(Rl=}'ES, Book One, supra at 944).
2. indemnification for cqnsequential
damages · · Limite<l;~~'~'~ against property but:
1. In a·fr~soncase, the defendant was ordered to
. As to Inclusion of Restitution return the money he took from another person
twhen he committed the treasonous act (People
Includes restitution Does not include • ~ G.R. No. L-1317, February 27, 1948).
1
restitution because this · abduction case, the defendant was
refer to liabilities to be ordered to return the money taken from the
paid out of the property offended girl (U.S. v. Bani/a, G.R. No. 6624,
of the offender. March 20, 1911).

In restitution, there is Reparation of Damages

nothing to pay in terms
of money, as to the
property unlawfully
taken is returned.
As to Inclusion of Fine and Costs
Reparation will be ordered by the court if restitution
is not possible. The court shall determine the amount
of damage, taking into consideration the price of the
thing, whenever possible, and its special sentimental
value to the injured party. It refers generally to
crimes against property (RPG, Art. 106).

Does not include fine Includes fine and the
and the costs of the costs of the proceedings
proceedings
(REYES, Book One, supra at 942).
Restitution
Restitution of the thing itself must be made
whenever possible, with the allowance for any
deterioration, or diminution of value as determined
by the court. The thing itself shall be restored even
If there is no evidence as to the value of the thing
unrecovered, reparation cannot be made (Francisco
v. People, G.R. No. 146584, July 12, 2004).
The civil damages which may be recovered in
criminal action are limited to consequential damage
caused by, and flowing from; the commission of the
crime of which the accused is convicted (REYES,
Book One, supra at 950),.

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CRIMINAL LAW I
Criminal Law

Indemnification for Damages 3. Living Expenses= 50% of Gross Annual Income

Includes not only those caused the injured party, but
also, those suffered by his family or by a third person
by reason of the crime (RPG, Art. 107).
It is ordinarily the remedy granted to the victims of
crimes against persons:
Reparation of and· inderrinification for damages may
be obtained only from the accused and his heirs
(REYES, Book One, supra at 962).
Contributory negligence on the part of the offended
party reduces the civil liability of the offender
(Philippine Nat'/. Railways v. Brunty, G.R. No.
169891, November 2, 2006).
(People v. Verde, G.R. No. 119077, February
10, 1999).
NOTE: As a general rule, documentary evidence
should be presented to substantiate a claim for loss ·
of earning capacity except if there is testimony that
the victim is:
1. Self-employed, earning less than the minimum
wage under the current labor laws, and judicial
notice is taken that in the victim's line of work, no
documentary evidence is available; or
2. Employed as a daily-wage worker earning less
than the minimum wage under current labor laws
(People v. Mallari, G.R No. 145993, June 17,
2003).

The obligation to make restoration or reparation for

damages and indemnification for consequential
damages devolves upon the heirs of the person CHAPfER THREE:
liable. The action to demand restoration, reparation
and indemnification likewise descends,tolb~ heirs of
··,,t:XTINCTIONAND
the person injured (RPG, Art. 108)., · ·· ·. SURVIVALOF
eNIL LIABILIIT
PAYMENT OF CIVIL/LIABl~ITY: .• '...(MtS. 112-113)
\ ¼ .. f . "·;:
Pro rata, Solida~ obligation
,,
Principats ;;-;.FJrorata, 50% of
the civ1Lttab\Hfy -··,i 'AR'l°lcLE 112
1
Acco~plic~~ L...2/3 of '~0% · EXTINCTtON·OF CIVIL LIABILITY
Acces1sories.:!...1/3 of 50%
-. /' ... ~\ . ':

Civ:il..HablHties shaU bs' extinguished in the same

(RPG, Arts. 109 and 110). mannef~s other obffgi;Aions in accordance with the
pr9v~ns of t~e Civil Jaw (RPG, Art. 112).
\~..,,.. "'{ i'' l
1

The principals, accomplices and acc~sorie~ 5hatl

be liable severally among\ thems~lyes .·· ,iryd. . CIVIL1'fABILITY IS EXTINGUISHED:
subsidiarily for those of the other'persons
t . >liable.·
\;::- ' ' .(PC3 NO),. ··
+•rBy i>ayin~ or performance; ·
Any person who has participated grahli~ously in,1the . -~-' ey"aopc(bnation or remission of the debt;.
proceeds of a felony shall . be bound· to. niake . , ,-3,,J:}y-ttie£onfusion or merger of the rights of the
restitution in an amount equivalent to the extent of.•. · -·· creditor and debtor;
such participation (RPG, Art. 111). 4. By £ompensation;
5. By !fovation; and
The person who participates gratuitously in the 6. Other causes of extinguishment of obligations,
proceeds of felony referred to in this article is not such as annulment, rescission, fulfillment of a
criminally liable (REYES, Book One, supra at 976). resolutory condition, and prescription (CIVIL
CODE, Art. 1231).
Indemnity for Lost Earnings
In computing the loss of the victim's earning NOTE: Civil liability - in criminal cases is not
capacity, as an item of civil liability ex delicto, the extinguished by the loss of the thing due because
Supreme Court has constantly adopted the reparation will be ordered by the court in such cases.
American Expectancy Table of Mortality in the
Computation thereof, using the following formulae: ARTICLE 113
Net Earning Capacity = Life Expectancy x (Gross ·OBLIGATION TO SATISFY CIVIL
Annual Income - Living Expenses) LIABILITY
1. Life expectancy= 2/3 x (80 - age at death) The offender shall continue to be obliged to satisfy
2. Gross annual income = Monthly earnings x the civil liability resulting from the crime committed
number of months by him, notwithstanding tfle fact:

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\ I

M-Q.:RY
AID
8an 8eda UniversityC¢llege of Law • RGCT8er Opet8tionscenter

1. That he has served his sentence consisting of

deprivation of liberty or other rights; or
2. That he has not been required to serve the same
by reason of:
a. Amnesty;
b. Pardon;
c. Commutation of sentence; or
d. Any other reason (RPG, Art. 113).

Thus, the offender shall continue to be obliged to

satisfy the civil liability ex delicto notwithstanding the
fact that he has not been required to serve the same
by reason of probation, marriage, prescription of
crime, prescription ofpenalty, conditional pardon, or '
allowance for good conduct or loyalty (I
CAMPANILLA, Reviewer, supra at 493).

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CRIMINAL LAW II
Criminal Law

country (Laurel v. Misa, G.R. No. L-409, Jan1,1ary30,

TITLE ONE: 1947).

CRIMES AGAINST ELEMENTS OF TREASON: (AWO-LA)

NATIONAL SECURI1Y 1. The offender (a Filipino citizen or an alien
residing in the Philippines) owes Allegiance to
AND THE LAW OF the Government of the Philippines;
NATIONS
Place of Commission
Filipino Citizen: Anywhere (RPG, Art. 2) since
he owes permanent allegiance to his
government or sovereign.
CHAPTER ONE:
Alien: Only in the Philippines (E.O. No. 44,
CRIMES AGAINST 1945), except in case of conspiracy.
NATIONAL SECURITY
(ARTS. 114-123) An alien owes permanent allegiance to his own
country, at the same time, a temporary
allegiance to the country where he resides
(Laurel v. Misa, G.R. No. L-409, January 30,
1947),
SECTION ONE:
TREASON AND ESPIONAGE · '2. <'fher.e is a ..War in which the Philippines is
invol)le<;f;
'pnd

NO"fE: T,re,son is a war crime. It remains

ARTICLE 114 dormant until.the emergency arises. But as soon
as war starts, it is put into effect (Lavrel v. Misa,
TREASON G.R. No. L-409, Janvary 30; 1947).

TREASON It i,s npt necessary that there be a formal

It is a breach of allegiance to' a government,
committed by a person who owe~r,allegian~e to it
(U.S. v. Abad, G.R. No. 976, October 22, 1902).
Allegiance . . . March, 28, 1904/.
The obligation of fidelity and obeqience which th.e · ' ·
individual owes to the government under which hi
lives or to his sovereign, in return for"the pr<;Hection
he receives (Laurel v. Misa, G.R. No. L-4tY9,.January
30, 1947).
An alien residing in the Philippines may be
prosecuted for acts of treason due to the temporary
allegiance he owes to the Philippine government
which will continue for as long as he resides in the
declaration pf the existence of a state of war.
Actual.hostiliti'es·rnay determine the date of the
commencement ,of war (Justice Johnson,
dissenting; u.s. 11.Lagnason, G.R. No. 1582,
3. The Of'fendet either:
a. J:evJes
war against th~ government; or
tt: Adheres to the enemies, giving them aid or
comfort (REYES, The Revised Penal Code,
Book Two, (2021), p. 2).

E,CEGUTl\lECOMMITTEE
DOHN ALFRED E. AQUILIZAN, Over-All Chairperson I NICHOLE VANE B. SANTOS, Chairperson for Academics I RONALYN A.
GACULA, Ad Hoc Director for Bar Matters I MARIELLE CIELO B. BELGIRA, Vice Chairperson for Finance IJUAN INIGO S. MIGUEL,
Vice Chairperson for Operations·! ALISSA MARIE D.C. DELOS SANTOS, Vice Chairperson for Audit I CORINA R. TAMPUS, Vice
Chairperson for Secretariat I ARVY KEITH N. CHUNG, Vice Chairperson for Logistics I ANTONIO JUN-JUN C. MANALIGOD IV, Vice
Chairperson for Membership IJORDAN N. CHAVEZ, Vice Chairperson for Electronic Data Processing
SUSJECliCOMMITTEE
YVEZZA KAMELE M. GUMAPAC, Subject Chair I KIRSTIE MARIE B. SALDO, Assistant Subject Chair I ISABELLE GLORIA I.
VILLENA, Subject Electronic Data Processing I SUBJECT HEADS: JUDEA ARA T. BAGTANG and CLARICE J. ANDAYA, Criminal Law
JIGERALDINE MARIE FRANCES B. VELASCO and ANGELA MICHAELLA S. YUMUL, Criminal Law II I KATE BERNADETTE T.
MADAYAG, Special Penal Laws I · · .
3iJ:!JGi!l4!1:!4:t#
JERK ENRIC C. ALCAIDE, JERENEL MAE 0. RENDON, CHANTAL MARIES. SANGGALANG, ANDREA MAE T. BANADERO,
JEROME L. LEANO, MA. ANGELIKA C. ALVARADO, ROMAVAIL ANGELIE F'. ORCULLO, DANA JEUZEL MARCOS,
ROCHELLE S. ENRILE and JOSE LORENZO B. VILLA VERT
1-XO:V:ISERS
Justice BERNELITO R. FERNANDEZ, Judge GINA M. BIBAT-P ALAMOS, Atty. LYAN DAVID M. JUANICO, and
Atty. RYANS. MERCADER .
•
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PN17C
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ME~O~YAID
San 8eda University College of Law - RGCTBar Operations Center
TWO WAYS OF COMMITTING
TREASON:
A. Levying war
REQUISITES:
1. There is an actual assembly of men; and
2. For the purpose of executing a treasonable
design by force (REYES, Book Two, supra
at 4).
NOTE: The actual assembly of men must be for
the purpose of delivering the. country to an
external enemy and not merely to an internal
rebellious force or uprising where they may be
liable for rebellion or sedition (AMURAO, Book
Two, Part One, supra at 5).
The levying of war must be:
1. With intent to overthrow
government
Not merely to resist a particular statute
or to repet a particular officer. It is -not
necessary that those attempting to
overthrow the government by force of arms
should have the apparent power to succeed
in their design, in whole or in part; and
2. In collaboration with a foreign enemy
If the levying of war .is merel.y a civil ·
uprising, without any intention of helping an.
external enemy, the crime is n@Ureason.
The offenders may be held liable _for
rebellion under Art.· 135 in, relati.on..,to Art
134 of the RPC (REYES, Ba('JkTwo;supra
at 5-6).
B. A'Clherence to· the enemies: of the
Philippines, giving them aid or~<;>f"f(>,rt
REQUISITES:
1. . Adherence to the Enemies; and
2. Giving Aid or Comfort to them (Id.).
Adherence to Enemy
There is intent to betray. The accused
intellectually or emotionally favors the enemy
and harbors sympathies or convictions disloyal
to his country's policy ·or interest (Cramer v.
U.S., 65 Sup. Ct. 918, April 23, 1945).
Adherence-alone, without givinQ aid or comfort
to the enemy, is not sufficient to constitute
treason. Conversely, aid or comfort alone,
without adherence, is not treason (REYES,
Book Two, supra at 6). ·
NOTE: The term "enemy" should refer to a
foreign country (U.S. v. Lagnason, G.R. No.
1582, March 28, 1904) because this Article
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treats of circumstances of war (BOADO, supra
at 401). It does not embrace rebels in
insurrection against their own country, because
they are still citizens and not enemies (REYES,
Book Two, supra at 12).
Adherence may be proved:
1. By one witness;
NOTE: Adherence to the enemy, in the
sense of a disloyal state of mind, cannot and
need not be proved by deposition of two
witnesses, because what is designed in the
mind of an accused is never susceptible of
proof by direct testimony.
2. From the nature of the act itself; or
3. From the circumstances surrounding the act
(REYES, Book Two, supra at 16-17).
the
Giving Aid or Comfort
It means an act which strengthens or tends to
strengthen the enemy in the conduct of war
against the traitor's country or any act whTch
. weakens. or tends to weaken the power of the
;:it1';~\9{',· ·· ntry to resist or to attack the enemy
(Cram U.S., supra).
NOTE:. ,ft is J)ot essential that the effort to aid be
succejsfLtl, Pfovided overt acts are done which
if suctesiful would advance the interest of the
enemy (Peopl(i_v. Alarcon, G.R. No. L-407, July
2a;t11?1:tJ~:aHvx;:'
· -'-''°/·{'~::-:-:-;
=,\'.f•Y
·
Extent of Aid or Comfort
>?,Jt:iGiving information to the enemy constitutes not
;t?>E'.}:·•r.adherence to the enemy but also giving aid
'Ji''''§tfd't~omfort (People V. Paar, G.R. No. L-2318,
March 31, 1950). Likewise, commandeering
foodstuffs for, the enemy is evidence of both
adherence and aid or comfort · (People v.
Alitagtag, G.R. No. L-924, August 30, 1947).
The extent of aid and comfort given to the
enemies must be to render assistance to them
as enemies and not merely as individuals and,
in addition, be directly in furtherance of the
enemies' hostile designs (People v. Perez, G.R.
No. L-856, April 18, 1949).
It must be a deed or physical activity and not
merely a mental operation. The expression
includes such acts as ~urnishing the enemy with
arms, troops, supplies, information, or means of
. transportation (REYES, Book Two, supra at 8).
NOTE: There is no treason through negligence.
The overt act of giving aid or comfort to the
enemy must be intentional (REYES, Book Two,
supra at 12).
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PN17C
Acts considered as treason:
1. Serving as informer and active member of the
Japanese Military Police (People v. Fernando,
G.R. No. L-1138, December 17, 1947).
2. Ac,ting as "finger woman" when a barrio was
"zonified" by the accused as guerillas (People v.
Nunez, G.R. No. L-2321, January 31, 1950).
Acts not considered as treason:
1. Commandeering of women to satisfy the lust of
the enemy (People v. Perez, G.R. No. L-856,
April 18, 1949).
2. Marriage of the accused to a Japanese woman
and employment as an interpreter (People v.
Bascon, G.R. No. L-1548, March 29, 1949).
WAYS OF PROVING TREASON
(OVERT ACT):
·1. Testimony of at least two witnesses J0,
the same overt act (Two-Witne~· Rule);
or
REASON: The special nature'.of the crim-~ of
treason requires that the aocused1be'affordeda
special protection not requtre<;F
iri gther .casesso
as to avoid a miscarriage of JllStice :(REYES,
Book Two, supra at 17 _citingthe Concurring
opinion of Justice Perfecto· in El Pueblo de
Filipinas v. Marcaida, G.R. No. L-953,
September 18, 1947). Testimbtiies must refer'to
the same act, place and;momeQtof time yPeop/e
v. Flores, G.R. No. L-1731, Jarl1.fary3t; 1950).
If the overt act is separabte, two witnesses must_
also testify to each part of the overtt~ct (People.
v. Escleto, G.R. No. L-1006,i./une 28,'1.Q49).
•;,!'>.,.
It is sufficient that the witnesses are LITliform
in
their testimony on the overt acf'. , lt is ·.not
necessary that there be corroboration b~tween
them on the point they testified (People v.
Concepcion, G.R. No. L-1553, October 25,
1949).
The two-witness rule is not satisfied if the court
believes in only one witness (People v. Adriano,
G.R. No. L- 477, June 30, 1947).
The fact that the witnesses were not uniform on
the points whether or not there were Japanese
soldiers in the raiding party, or whether or not
the persons arrested and confined included not
only the males but some women and children, is
not sufficient to entirely discredit their testimony,
as the deficiency refers merely to minor details
(People v. Lansanas, G.R. No. L-1622,
December 2, 1948).
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2. Confession of guilt by the accused in
open court.
The confession in open court, upon which a
defendant may be convicted of treason is a
confession of guilt. The section. cannot be
extended so as to include admissions of fact,
from which his guilt may be inferred, made by
the defendant in giving his testimony after a plea
of not guilty (U.S. v. Magtibay, G.R. No. 1317,
November 23, 1903).
Extrajudicial confession made before the
investigators is not sufficient (REYES, Book
Two, supra at 18).
TREASON 15 A CONTINUOUS OFFENSE
Treason may be committed by one single act, by a
series of acts, or by several series thereof, not only
· in a single time, but_in different times, it being a
continuous crime (People v. Victoria, G.R. No. L-
369, March 13, 1947).
TRE4SON/:CANNOT BE COMPLEXED
·w1T~ OTHER CRIMES
·Treason absorbs -crimes committed in furtherance
thereof lfeople v. Prieto, G.R. No. L-399, January
29, 1948).
i
REASON: When the deed is charged as an element
of treason, it bedorne$ i~entified with the latter crime
and canno1be the subject of a separate punishment,
or used:ih coml>inatforl'with treason to increase the
penalfywhichfrt. 48(?fthe RPC provides (People v.
Hernandez, ~..R-Nos: L-6025-26, July 18, 1956).
•c
Common'crimes s~ch as.murder, physical injuries,
JidnapAing,', ill~gal detention, or robbery may be
, coosic:le~.d,~parately from the crime of treason
-wher"l'the:yare committed for a private or personal
.purpose or motive and not for the purpose of "giving
aid or comfort to the enemy" as an element of
treason (AMURAO, Book Two, Part One, supra at
22).
VALID DEFENSES AGAINST CHARGE
FOR TREASON:
1. Duress and fear of immediate death (El Pueblo
de Filipinas v. Bagalawis, G.R. No. L-262, March
29, 1947); and
NOTE: In the eyes of law, nothing will excuse
that act of joining an enemy but the fear of
immediate death and not the fear of any inferior
personal injury nor the apprehension of any
ou!rage upon property (El Pueblo de Filipinas v.
Bagalawis, supra).
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2. Obedience to a de facto government (REYES, CIRCUMSTANCES AGGRAVATING IN

Book Two, supra at 20). · TREASON (ICAG):
1. !gnominy;
NOTE: Mere acceptance of public office and
2. Qruelty;
discharge of official duties under the enemy do
3. Amount or degree of aid; and
not constitute per se the felony of treason
4. Gravity of separate distinct acts of treason
(REYES, Book Two, supra at 10 citing People v.
(REYES, Book Two, supra at 18-19).
Alunan, P.C., 43 O.G. 1288, February 27, 1947).
But when the position is policy-determining, the
acceptance of public office and the discharge of TREASON AND SEDITION,
official duties constitute treason (Co Kim Cham DISTINGUISHED
v. Valdez Tan Keh, G.R. No. L-5, September 17, TREASON SEE>llilON
1945). (Art. 114) (Art. 139)

INVALID DEFENSES AGAINST CHARGE As to Classification

FOR TREASON:
Crime against Crime against the
1. Suspended allegiance national security and fundamental law of the
A Filipino citizen owes absolute and the law of nations. state.
permanent allegiance to the Philippine
Government. Such allegiance is not abrogated As to Nature
or severed by the enemy occupation, because
the sovereignty of the ·government or is a war Sedition refers to an
sovereign de jure is not transferred thereby to internal conflict.
the occupier. Thus, there is no such thing as
suspended allegiance (Laurel v. Misa, G.R. No; As to Manner of Commission
L-109, January 30, 1947).
Limited to tw~.ways: Causing public and
2. Change in sovereignty 1. Levying \!V~r;and tumultuous disturbances
The sovereignty of the GovernmentS'.ul:>slsts 2. Adhering ~ the in one's country.
and is not transferred to the_enemy by mere eneruy, j giving
occupation under the rules of International Law them :hid ':. or
(Laurel v. Misa, G.R. No. 'L-409, January 30, 99;~ffi~....
1947). .
•I
3. Loss of citizenship by joining the army e o To prevent
of the enemy (People v. Manayao,. ;(3.R.No. is to aid promulgation or
L-322, July 28, 1947). , .· . execution of any law
or the holding of any
CIRCUMSTANCES INHERENl' IN popular election;
TREASON: (EAT) 2. To prevent the
National Government,
1. 5vident premeditation;
or local government,
2. Abuse of superior strength; and
or any public officer
3. Ireachery (People v. Racaza, G.R. No. L-365,
ther-eof from frs)ely
January 21, 1949).
exercising its or his
functions, or prevent
NOTE: As these circumstances are, by their
the execution of any
nature, inherent in the offense of treason, they
administrative order;
may not be taken to aggravate the penalty.
3. To inflict any act of
Adherence and the giving of aid and comfort to
hate or revenge upon
the enemy is a long, continued process
the person or property
requiring, for the successful consummation of
of any public officer or
the traitor's purpose, fixed, reflective and
employee;
persistent determination and planning (People
4. To commit, for any
V. Roble, G.R. No. L-433, Maren 2, 1949).
political or social end,
any act of hate or
revenge against
private persons or any
. social class; and

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TREASON SEDITION ARTICLE 116

(Art. :f/Jf4) (Art. 139)
5. To despoil, for any
political or social end,
any person, local
government or the
National Government
or · the U.S.
Government, of all its
property or ay part
thereof.
(AMURAO, Book Two, Part One, supra at 191-
192).
MISPRISION OF TREASON
MISPRISION OF TREASON
Misprision of treason is the failure of a citizen to
report as soon as possible a conspiracy, which
comes to his knowledge, against the government.
But there must be a war in which the Philippines is
involved (BOADO, supra at 402).
ELEMENTS: (C 3)
1. The offender is a £itizen of the Philippines, and
not a foreigner;

NOTE: The phrase "person who owes

ARTICLE 115
CONSPIRACY AND PROPOSAL
TO COMMIT TREASON
CONSPIRACY TO COMMIT TREASON
It is committed when in time of war, two ··of more·
persons come to an agreement to levy war against
the Government or adhere to tile erier;nies'c1no··glve 2. He has ~nowledge of any £onspiracy to commit
to
them aid or comfort, and decide commit'it (RPC;
Arts. 8 and 114). · ·
PROPOSAL TO COMMIT TREASON
It is committed when in time of war, a person who
has decided to levy war againsfthe Government or ·
to adhere to the enemies and to give tt,em.aid or
comfort, proposes -its ex09utton '~O S¢n'l8. •·other
person or persons (RPG, Art$, 8 and)14) . . '. ; .·
REASON FOR CRIMINALIZING BOTH; The very
existence of the state is endangered (REYES, Book·
Two, supra at 21).
CONSP1RACY AND PROPOSAL TO
COMMIT A FELONY
GENERAL RULE: Conspiracy and proposal to
commit a felony is not punishable (RPG, Art. 8).
EXCEPTION: Art. 115 as it specifically penalizes
conspiracy and proposal to commit treason.
TWO-WITNESS RULE DOES NOT APPLY
The two-witness rule does not apply because this is
a separate and distinct offense from that of treason
(U.S. v. Bautista, G.R. No. 2189, November 3,.
1906).
If the crime of treason was committed as a result of
conspiracy or proposal therefor, the latter acts are
absorbed therein since the accused becomes a
conspirator or principal by inducement whose acts
are integrated into the crime of treason itself
(REGALADO, supra at 370).
allegiance to the Philippines, without being a
foreigner" in Article 116 of the RPC pertains to a
Filipino citizen. Hence, an alien, resident or non-
cCesident,cannot commit misprision of treason
(CAMRANILLA, Criminal Law Reviewer, Volume
I{, (~20), p. 8 [hereinafter II CAMPANILLA,
Rev;ewer]J ·
treason ag!)inst th_eGovernment; and
3. He £onceals or does not disclose and make
known the same as soon as possible to the
proper authprity '(REYES, Book Two, supra at
22-23).
NOT!;: Misprision of J(eason does not apply when
treal,on is already committed by someone and the
accused does not report its comfl]ission (REYES,
Bqok Two, ~upra at 23). ,
· ART. >116 IS AN EXCEPTION TO THE
RtJL.ETHAl'MERE SILENCE DOES NOT
. MAKE A"PERSON CRIMINALLY LIABLE
. Failure to report violations of the law is not a crime,
except in certain cases such as Art. 116 and
concealing "evil practices" in the course of sedition
(People v. Saavedra, G.R. No. L-48738, May 18,
1987).
OFFENDER · IN MISPRISION OF
TREASON IS A PRINCIPAL IN SUCH
CRIME, BUT THE PENAL TY IMPOSED IS
THAT OF AN ACCESSORY
The phrase "shall be punished as an accessory to
the crime of treason," mentioned in the provision,
does not mean that the offender is, legally speaking,
an accessory to the crime of treason because he is
already a principal· in the crime of misprision of
treason. It simply means that the penalty imposed is
that for an accessory to the crime of treason. But the
offender in Art. 116 is a principal in the crime of
misprision of treason. Misprision of treason is a

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separate and distinct offense from the crime of reason of the public office he holds (RPG, Art.
treason (REYES, Book Two, supra at 23). 117 (2)).

ARTICLE 117 ELEMENTS: (OPD)

ESPIONAGE 1. That the Offender is a public officer;
2. That he has in his fossesslon the articles,
data or information referred to in Par. 1 of
ESPIONAGE Art. 117, by reason of the public office he
The offense of gathering, transmitting, or losing holds; and ·
information respecting the national defense with 3. That he Qiscloses their contents to a
intent or reason to believe that the information is to representative of a foreign nation (REYES,
be used to the injury of the Republic of the Book Two, supra at 25).
Philippines or to ·the advantage of a foreign nation
(Id. at 24). ESPIONAGE AND TREASON,
DISTINGUISHED
TWO WAY~ OF COMMITTING
ESPl0NAGE TREAS0N
ESPIONAGE: (ED)
(:Art.1/Vl)· (Art. 114)
1. By 5.ntering, without authority, a warship, fort, or
military or naval estabUshment or reservation to As to Gondition of eitizenship
obtain any information, plans, photographs, or
other data of confidential nature relative to the Both are crimes not conditioned by the citizenship
defense of the Philippines (RPG, Art. 117 (1)). of the offender.

ELEMENTS: (PAP)
1. That the offender enters any of the flaces
mentioned therein: ,\i''.be.
~itted both Is committed only in
· · ·· · · and in time of war
a. Warship,
b. Fort, or
c. Military or naval establishment or
reservation;
•2. That he has no Authority therefor; and in Limited to two ways:
3. That his furpose is to obtain .information, 1. Levying war; and
plans, photographs or other data of a 2. Adhering to the
confidential nature relative to the defense of enemy, giving
the Philippines (REYES, Book Two, supra at them aid or
25). comfort
Person liable is any person, whether a citizen or (REYE.$,
Book Two, supra at 30).
a foreigner, a private individual or a public officer
(Id. at 26). COMMONWEAL TH ACT NO. 616
(THE ESPIONAGE ACT)
To be liable under Par. 1, the offender must have AN ACT TO PUNISH ESPIONAGE AND
the intention to obtain information relative of the
defense of the Philippines, otherwise, he is not
OTHER OFFENSES AGAINST
liable under this paragraph even if he ta~es NATIONAL SECURITY
possession of plans or photographs thereof Approved: June 4, 1941
(REYES, Book Two, supra at 25).
PUNISHABLE ACTS:
NOTE: In this mode, it is not necessary that the 1. Unlawfully obtaining or permitting to be
offender should have obtained any information,
obtained information affecting national
plans, etc. It is sufficient that he has the purpose
to obtain any of them when he entered a defense (Sec. 1);
warship, fort, naval, or military establishment ·
(Id.). Ways of Violating Sec. 1:
a. By going upon, entering, flying over or
2. By Qisclosing to the representative of a foreign otherwise by obtaining information
nation the contents of the articles, data or concerning any vessel, aircraft, work of
information referred to in the preceding defense or ·other ptace connected with the
paragraph, which he had in his possession by national defense or any other place where
any vessels, -aircrafts, arms, munitions or

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other materials for use in time of war are
being made, or stored, for the purpose of
obtaining information respecting national
defense, with intent to use it to the injury of
the Philippine.s or to the advantage of any
foreign nation;
b. By copying, taking, making or attempting or
inducing or aiding another to copy, take,
make or obtain any sketch, photograph,
photographic negative, blueprint, plan, map
. instrument, appliance, document, writing or
note of anything connected with the national
defense, for the same purpose and with like
intent as in Par. a;
c. By receiving or obtaining· or agreeing or
attempting or inducing or aiding another to
receive or obtain from any sources any of
those data mentioned in Par. B, code book
or signal book, knowing that it will be
obtained or disposed of by any person ·
contrary to the provisions of this act; ··
d. By communicating or tr~osmi~ing; . or
attempting to communicatf} or, trat,smjt to
any person not entitlecj.rtQ recaiye 'it, by .,.
willfully retaining and f~Tiingto ~liverit'oi,
demand to any office~ orJmRlciyee entitled
to receive it, the offender being in
possession of, having acaess to, <;ontrol
over, or being entru$tedwith any ofthe data
mentioned in Par. Ef, or code book::or signal
book;and
e. By permitting, through gro~s neglige,nce, to
be removed from its:properplace orc),Jstody
or delivered to anyone in 'violation of .his
trust, or to be lost, stolen,· ebstracted .oc
destroyed any of the data menttoned ln Par,
B, code book or signal book, the.9ffeod$(
being entrusted with 6T haying ''lawf"Ul
possession or control of the ~rrle (RE¥ES,
Book Two, supra at 26-27). ·
2. Unlawfully disclosing information
affecting national defense (Sec. 2);
Ways of Violating Sec. 2:
a. By communicating, de.livering or
transmitting or attempting or aiding or
inducing another to do it, to any foreign
government or any faction or party or
military or naval force within a foreign
country, whether recognized or
unrecognized by the Philippines, or to any
representative, officer, employee, subject or
citizen thereof, any of the data mentioned in
Par. B of Sec. 1 hereof, code book or signal
book;and
b. In time of war, by collecting, recording,
publishing or communicating or attempting
to elicit any. information with respect to the
movement, number, description, condition,
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or disposition of any of the armed forces,
ships, aircraft, or war materials of the
Philippines, or with respect to the. plans or
conduct· of any military, naval · or air
operations or with respect to any works or
measures undertaken for the fortification or
defense .of any place, or any other
information relating to the public defense,
which might be useful to the· enemy
(REYES, Book Two, supra at 27-28).
3. Disloyal acts or words in time of peace
(Sec. 3);
Ways of Violating Sec. 3:
a. By advising, counseling, urging or in any
other manner by causing insubordination,
disloyalty, mutiny or refusal of duty of any
member of the military, naval or air forces of
the Philippines; or
b. By distributing any written or printed matter
which, advises, counsels, or urges such
ihsubordination, disloyalty, mutiny, 'or
, refusal of duty (REYES, Book Two, supra at
2ar
4. Disloyal act$ or words in lime of war
- (Set;. 4); .
waysof Viqlc1tin~Sec. 4:
a. , ~y wrnfplly making or conveying false
· repprts fOLfatse statements with intent to
interfere with the operations or success of
,.the Armed Forces of the Philippines;
b:. · To ptomote 1the success of its enemies, by
wiHfully causing or attempting to cause
•.'lns1,1bordirtation,disloyalty, mutiny or refusal
<,of ' dqi1 in the Armed Forces of the
; Philip'pines; or
c .. By willfully obstructing the recruiting or
enlistment service {Id.).
5. Conspiracy to commit the preceding
acts (Sec. 5);
REQUISITES:
a. Two or more persons conspire to violate the
provisions of Secs. 1, 2, 3, or 4 of this Act;
and
b. One or more of such persons do any act to
effect the object of the conspiracy (REYES,
Book Two, supra at 29).
6. Harboring or concealing violators of the Act
(Sec. 6);
REQUISITES:
a. The offender knows that a person has
committed or is about to commit an offense
under this Act; and
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b. The offender ha.rbors or conceals such ELEMENTS: (UPE)

person (Id.).
7. Photographing defensive installations
(Sec. 8);
Making any photograph, sketch, picture,
drawing, map or graphical representation of vital
military, naval and air installations or equipment
as defined by the Philippine President as
requiring protection against the general
dissemination ·of information relative thereto
unless he obtains the permission of the
commanding officer or higher authority of post,
camp or station concerned and promptly
submits the product obtained to the same
commanding officer or higher authority.
8. Using, permitting, or procuring the use
of an aircraft for the same purpose of
violating No.7 (Sec. 9); . Moreover, penalty is higher when the offender is a
9. Reproducing, publishing, selling, or
giving away of uncensored copies .of
those mentioned under No.7 without the ·
1. The offender performs !J_nlawfulor unauthorized
acts; and
2. Such acts:
a. frovoke or give occasion for a war involving
or liable to involve the Philippines; or
b. _sxposeFilipino citizens to reprisals on their
persons and property (REYES, Book Two,
supra at 31).
INTENTION OF THE ACCUSED IS
IMMATERIAL
Such acts might disturb the friendly relation that we
have with a foreign country; hence, they are
penalized even if they constitute a mere imprudence
(Id.).
NOTE: This is committed in time of peace.
public officer or employee (Id.).
·ARTICLE 119
1

permission of the commanding officer or VIOLATION OF NEUTRALITY

higher authority (Sec. 10);
10. Destroying or injuring or attempting to
injure or destroy war material (when the
country is at war) or national defense
material, premises or utilities (even if the
country is not at war) (Secs .. 11 & 13);
and .·. ··
11. Making or cau_sing to be made in
defective manner, ·or attempting tomake
or causing to be made in a_def~~tive
manner, war material (when th• oountry
is at war) or national defenst,·.mat~rial'
(even if the country is not at war} (Secs.
12 & 14). . NOTE: There must be a regulation issued by
SECTION 1WO:
PROVOKING WARAND
DISLOYAL1Y IN CASE OF WAR
ARTICLE 118
INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
REPRISAL
It is an act of self-help on the part of the injured state,
responding after an unsatisfied demand to an act
contrary to international ··law on the part of the
offending state (Naulilaa Incident Arbitration,
Portuguese-German Arbitral Tribunal, 1928).
.: .; ..
N~U~ti
A nation or g<>yrer
which takes no part in a contest of
on
arms going, oetween others (REYES, Book Two,
supra at 32). '
a. ifi, which the Philippines is not
regulation Issued by a competent
r the purpose of enforcing neutrality;
3. The Offender violates such regulation (Id.).
competent authority (President or the Chief of
Staff of the AFP) for the enforcement of
neutrality. It is the violation of such regulation
which constitutes the crirne (Id.).
ARTICLE 120
CORRESPONDENCE WITH
HOSTILE COUNTRY
CORRESPONDENCE
Communication by means of letters; or it may refer
to the letters which pass between those who have
friendly or business relations (REYES, Book Two,
supra at 33).

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ELEMENTS: (TM-PCC)
1. It is rryadein Iime of war in which the Philippines
SECTION THREE:
is involved; PIRACY AND MUTINY ON THE
2. The offender Makes correspondence with the: HIGH SEAS
a. Enemy country; or
b. Territory occupied by the enemy troo"ps;and
3. The correspondence is either:
a. frohibited by the Government; / ARTICLE 122
b. ~arried on in ciphers or conventional signs; PIRACY IN GENERAL AND MUTINY
or ON THE HIGH SEAS OR IN PHILIPPINE
c. ~ontains notice or information which might
WATERS
be useful to the enemy (Id.).

Even if the correspondence contains innocent PIRACY

matters, if the correspondence has been prohibited
by the government, it is punishable 'because of the
possibility that some information useful to the enemy
might be revealed unwittingly (Id.).
Prohibition by the Government is NOT ~ssential ···
when the correspondence is carried on in•eipheJs or
useful to.the enemy (Id.). ·
CIRCUMSTANCES QUAllt=Ytt'.IGTHE ··
OFFENSE
The following must concur:
1. The notice or information might:be useful to the
enemy; and
2. The offender intended to aid. the enemy (Id: At
.
34).
NOTE: If the offender inten~d Jo;i,d th~;en~ftlY by
giving such notice or information, the crime.amounts
to treason; hence the penalty Is the saTpe as that for.
treason (Id.). · ··
ARTICLE 121 .
FLIGHT TO ENEMY'S COU~frRY,.
ELEMENTS: (WAAG)
1. There is a War in which the Philippines is
involved;
2. The offender bwes Allegiance to the
Government;
3. The offender Attempts to flee or go to the enemy
country; and
4. Going to the enemy country is prohibited by the
competent authority (Id. at 34).
NOTE: An alien resident may be guilty of flight to
enemy country, because an alien owes temporary
allegiance to the Philippine government (Id.).
Mere attempt to flee or go to enemy country
consummates the crime (Id. at 35).
It is robbery or forcible depredation on the high seas,
without lawful authority and done with animo furandi
(intention to steal) arJd in the spirit and ·intention of
yniversal hostility. Pirates are, in law, hostes humani
generis (People v. Loi-lo, G.R. No. 17958, February
27, 1922).
.JW~ MODES OF COMMITTING PIRACY:
1. · Attacking.or seizing a vessel on .the high seas or
in PtWppine waters; or ·
2. Seizing in the"vessel, while on the high seas or
in Rhilippine waters, the whole or part of its
carg~. its equipm~t or personal belongings of
its cpmplemeQt or .passengers (REYES, Book
Twq supra
i
ai
35/ ..
:. ' '
ELEMENTS (l)F PIRACY: (VCAS)
1. IK.~essel is or1 the high seas or in Philippine
.. waters; ,· ·
. 2.'. ;The off6nders .. are not members of its
..· t.omplement of passengers of the vessel
(appfica.ble orfly to the 2 nd mode of piracy)
•'(SQAOO:' stfpra at 408); and
3. lhe 'offenders:
. a...Attack or seize the vessel; or
b. §eize the whole or part of the cargo of said
vessel, its equipment or personal
belongings of its complement or passengers
(Id.).
High Seas
Waters which are beyond the boundaries of the low-
water mark, although such waters may be in the
jurisdictional limits of a foreign government; parts of
the sea that are not included in the exclusive
economic zone, in the territorial seas, or in the
internal waters of a state, or in the archipelagic
waters of an archipelagic state (United Nations
Convention on the Law of the Sea, Part VII, Sec. 1,
Art. 86).
Philippine Waters
All bodies of water, such as but not limited to seas,
gulfs, bays around, between and connecting each of
the islands of the Philippine Archipelago,

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irrespective of its depth, breadth, length or PRESIDENTIAL DECREE NO. 532

dimension, and all other waters belonging to the
Philippines by historic or legal title, including
territorial sea, the sea-bed, the insular shelves, and
other submarine areas over which the Philippines
has sovereignty or jurisdiction (Sec. 2, P.O. No. 532
also known as the Anti-Piracy and Anti-Highway
Robbery Law of 1974).
PIRACY IS TRIABLE ANYWHERE
Piracy is a crime not against any par:ticularstate but
against all mankind. It may be punished in the
competent tribunal of any country where the offender
may be found or into which he may be carried
(People v. Loi-lo, G.R. No. 17958, February 27,
1922).
MUTINY
It is the unlawful resistance to a superior, or the
raising of commotions and disturbances on board a
ship against the authority of its commander
(Bouvier's Law Dictionary, Vol. 2, p. 2283).
PIRACY UNDER RPC AND MUTINY,,
DISTINGUISHED
ANTI-PIRACY AND ANTI-HIGHWAY
ROBBERY LAW OF 1974
(Refer to SPL part for a detailed discussion. See
page 490)
Approved on: August 8, 1974
Vessel·
Any vessel or watercraft used for transport of
passengers and cargo from one place to another
through Philippine Waters. It shall include all kinds
and types of vessels or boats used in fishing (P.O.
No. 532, Sec. 2).
Piracy
Any attack upon or seizure of any vessel, or the
, taking away of the whole or part thereof or its cargo,
equipment, or the personal belongings of its
complement or passengers, irrespective of the value
thereof, by means of violence against or intimidation
of persons or force upon things, committed by any
person, including a passenger or member of the
:'1;':~l~ITlent::Pf said v'essel, in ·Philippine waters
.(P.D:'''No. 532;Sec. 2).

PUNISHABLE ACTS:
1. Piracy;
2. Highway tobbery/brigandage (P. D. No. 532,
Sec, 3); and
,.'or
Aidi~g';:; --- · highway robbers/ brigands or
abettin_g cyor highway robbery/ brigandage
(P. D. No. 532, Sec. 4).
Committed by Committed by_ members
strangers to the of the crew or ,.:nf!IBACY UNDER RPC AND UNDER
vessels passengers
P.O. NO. 532, DISTINGUISHED
"Asto Intention PIRCY' PIR'AQ~
tlJNll>ERRP~ l.JNE>ER:P.EJ. N©. 532
Intent to gain is The offenders may only
essential. intend to ignore the ship's As to Place of Commissicm
officers or they may be
prompted by a desire to Philippine waters and the Philippine waters only
commit plunder. high seas

(REYES, Book Two, supra at-37). As to the Person of the Offenders

PIRACY AND MUTINY AS AN ACT OF 1. In case of an attack Any person, including

upon or seizure of a passenger or
TERRORISM
vessel: Any person; member of the
A person who commits an act punishable as piracy complement of said
and mutiny under Art. 122 of the RPG, thereby ·2. In case of seizure of vessel
_sowing and creating a condition of widespread and whole or part of the
extraordinary fear and panic among the populace, in cargo, equipment
order to coerce the government to give in to an or personal
unlawful demand shall be guilty of Terrorism (R.A. belongings:
No. 9372, Sec. 3). Excludes crew

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PIRACY: PIRACY' ,
UNDERRIC UNDERP.O. NO. 532
members or
passengers
(BOADO, supra at 407).
AIDING OR ABETTING OF PIRACY
Any person who shall knowingly aid or abet piracy
will be considered as an accomplice in the
commission of piracy and punished according to the
rules under the RPC (Sec. 4, P. D. No. 532).
REQUISITES: (APA)
1. Knowingly Aids or protects pirates;
2. Acquires or receives ~roperty taken by such
pirates, or in any manner derives any benefit
therefrom; and
3. Directly or indirectly Abets the commi~sion of
piracy (Sec. 4, P. D. No. 532).
ARTICLE 123'
QUALIFIED PIRAC¥
0
QUALIFYING CIRCUMS TANCES: (BAC-,
MHPR)
1. Whenever the offenders trave seized the vessel
by ~oarding or firing upon the iame;
2. Whenever the pirates· have ~bandoned their
victims without means of saving themselves; or
3. Whenever the ~rime is accompapiedbyf4urder,
!fomicide, ~hysical injurie,s, or Rape (REYES,
Book Two, supra at 38). · ·
The word "crimes" mentioned" in the · bpening ·
sentence of Art. 123, refers to piracy, plld rn4iiny
the high seas (Id.). ,,,, , , '. ·'
Qualified piracy is a _special complex ·c~rr\~
punishable by death, regardless of the number of
victims (People v. Siyoh, G.R. No. L-57292,
February 18, 1986).
QUALIFIED MUTINY
When the second or the third circumstance
accompanies the crime of mutiny mentioned under
Art. 122, mutiny is then qualified. First circumstance
does not qualify the crime of mutiny, because in
mutiny, the offenders are "insiders" of the vessel
(BOADO, supra at 410).
REPUBLIC ACT NO. 6235
ANTI-HIJACKING LAW
(Refer to SPL part for a detailed discussion. See
page 491)
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Criminal Law
Approved on: June 19, 1971
PUNISHABLE ACTS:
1. Usurping or seizing control of an aircraft
of Philippine registry while it is in flight;
or compelling the pilots thereof to
change its course or destination;
Aircraft is "in flight" from the moment all
exterior doors are closed following embarkation
until the same doors are again opened for
disembarkation (Sec. 1, R.A. No. 6235).
NOTE: If not in flight, the law is not violated but
the crime may be under the RPc·, such as grave
threat or coercion (BOADO, SPL at 631). When
·death results, the-crime is homicide or murder,
as the case may be (II CAMPANILLA, Reviewer,
supra at 18).
2. Us'urpingor seizing control of an aircraft
· · of foreign registry, while within
Philippi11~ territory, or compelling the
1
pilou; ecthereofto land in any part of
Philippin~.•~rritory (Sec. 1, R.A. No.
6235). .....
Under";thi~ Act, it is not required, that the
aircrfift be a;puJ:>lip~tility (BOADO, supra at 414).
QUALIFYING· GHR¢UMSTANCES IN NOS. 1
AN02: ' .
1., When t,ie offer;ider has fired upon the pilot,
··. r_nembe'rof thecrew,· or passenger of the
· a ircrc1ft;
2. .•Whe·n the ", offender has exploded or
?ttempted,J<>explode any bomb or explosive
to o,estrqy the aircraft; or
on 3. VVheriever the crime is accompanied by
rfivrder, homicide, serious physical injuries
or rape (Sec: 2, R.A. No. 6235). Thus, such
common crimes are considered aggravating
circumstances only; they are not separated
from or complexed with the crime of
hijacking.
3. Shipping, loading, or carrying in any
passenger aircraft operating as a public
utility within the Philippines, substances
which are flammable, corrosive,
explosive or poisonous substances
(Sec. 3, R.A. No. 6235); and
Under this act, mere carrying or loading of
explosive, corrosive, etc. brings about criminal
liability (BOADO, supra at 415).
4. Shipping, loading, or carrying in any
cargo aircraft operating as a public utility
within the Philippines, substances which
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are flammable, corrosive, explosive or

poisonous substance, if not done in DISSOLUTION OF
accordance with the rules · and PEACEFUL MEETINGS AND
regulations of the Air Transportation
CRIMES AGAINST
Office (Sec. 4, RA. No. 6235).
RELIGIOUS WORSHIP
NOTE: There is no attempted hijacking since it is (ARTS. 124-133)
punishable under a special law and the attempted
stage is not punishable under the said law (U.S. v
Basa, G.R. No. L-3540, March-19, 1907).

FOUR KINDS OF AIRCRAFT AND THEIR SECTION ONE:

TREATMENT IN LAW: ARBITRARY DETENTION AND
1. Aircraft of Philippine registry EXPULSION
It must be in flight.
2. Aircraft of foreign registry
It need not be in flight. ARTICLE 124
3. Public utility passenger aircraft
ARBITRARY DETENTION
- Mere carrying of prohibited substances is
criminal.
4. Public utility cargo aircraft ELEMENTS: (POD)
- Non-compliance with the A TO rules and 1. That the offender is a fublic officer or employee;
regulations constitutes the criminal act (BOADO, 2. That he Qetains a person; and
supra at 415). ...•·:~:,;:.;(t,at t Qetention is without legal_ grounds
•;x,iM,t,¥;4 · ·····••· . People, G.R. No. 154130, October 1,
Under R.A. No. 9372, terrorism may be cortimitted . 2003/. .i)
by any person who, among others, commits an act
punishable under RA. No. 6235 (Southern · ~;. DETENTION ;<

Hemisphere Engagement Network, ··fnc. ...v....Anti- It is the ·actual 'vonfinement of a person in an

;g;~~sm Council, G.R. No. 178552, ,October 5, · enclosur.~.or fn any manner detaining and depriving
him of,;_ · ·· ,(~le v. Flores, G.R. No. 116488,
May3f;

.. _DEltElntionneed not involve any physical restraint.

TITLE1WO: g!t .. ogical restraint is sufficient. If the acts and
:4 12~·· ·stof the accused can produce such fear in
CRIMES AGAINST THE the mind of the victim sufficient to paralyze the latter,
FUNDAMENTAL LAWS to the extent that the victim is compelled to limit his
own actions and movements in accordance with the
OF THE STATE wishes of the accused, then the victim is, for all
intents and purposes, detained against his will
(People v. Fabro, G.R. No. 208441, July 17, 2017).
For offenses under Book II, Title 2, all offenses other
than those regarding religion require that the ·LEGAL GROUNDS FOR THE
principal offender' is a public officer. The civilians are DETENTION OF PERSONS:
merely accomplices or accessories (BOADO, supra 1. The commission of a crime;
at 416). 2. Violent insanity; or
3. Any other ailment requiring compulsory
confinement of the patient in a hospital (RPG,
Art. 124, Par. 2).
CHAPTER ONE:
ARBITRARY DETENTION OR THE OFFENDER IS A PUBLIC OFFICER
EXPULSION, VIOLATION OF OR EMPLOYEE
The public officers liable for arbitrary detention must
DWELLING, PROHIBITION, be vested with authority to detain or order the
INTERRUPTION, AND detention of persons accused of a crime; such public
officers are the policemen and other agents of the

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law, the judges or mayors and barangay captains
(Milo v. Salanga, G.R. No. L-37007, July 20, 1987).
Private individuals who conspired with public officers
in detaining certain policemen are guilty of arbitrary
detention (REYES, Book Two, supra at 50).
If the detention is perpetrated by other public officers
not vested with authority or any private individual,
the crime committed is illegal detention under Art.
267 or 268 (REYES, Book Two, supra at 49).
ARREST WITHOUT WARRANT 15 THE
USUAL CAUSE OF ARBITRARY
DETENTION
However, a peace officer or a private person may,
without a warrant, arrest a person (REYES, Book
~ T-..yo,supra at52).
The crime of unlawful arrest is absorbed in the crime
of arbitrary detention (REGALADO, supra at 381).
EFFECT WHEN PERSON ARRESTED 15
ACQUITTED
If the arrested persons are later found to be innocent
and acquitted, the arresting officers are riot liable.
But if they do not strictly cornply with the said
conditions, the arresting officers can be held liable .
for the crime of arbitrary detention, for damages
under Art. 32 of the Civil .Code, and/or for other
administrative sanctions (Umil v. Ramos, 'G.R. No:
81567, October 3, 1991).
ARREST WITHOUT A WARRANT; WHEN
LAWFUL:
1. In flagrante delicto
When in his presence, the person to be
arrested has committed, is actually committing,
or is attempting to commit an offense {RULES
OF COURT, Rule 113, Sec. 5, Par. a);
"In his presence"
When the officer sees. the offense being
committed, although at a distance, or hears the
disturbance created thereby· and proceeds at
once to the scene thereof, or when the offense
is continuing or has not been consummated at
the time the arrest is made, the offense is said
to be committed in his presence or within his
view. (People v. Ng Vik Bun, G.R. No. 180452,
January 10, 2011).
2. Hot pursuit
When an offense has just been committed,
and he has probab.fe cause to believe based on
personal knowledge of facts or circumstances
that the person to be arrested has committed it
(RULES OF COURT, Rule 113, Sec. 5, Par. b);
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CRIMINAL LAW II
Criminal Law
and
NOTE: The determination of probable cause
does not call for the application of rules and
standards of proof that a judgment of conviction
requires after trial on the merits. As implied by
the words themselves, "probable cause" is ·
concerned with probability, not absolute or even
moral certainty. The prosecution need not
present at this s,tage proof beyond ·reasonable
doubt (Century Chinese Medicine Co. v. People,
G.R. No. 188526, November 11, 2013).
3. Escapee
When the person to be,arrested is a prisoner
who has escaped from a penal establishment, or
place where he is serving final judgment or
temporarily confined while his case is pending,
or has escaped while being transferred from one
confinement to another (RULES OF COURT,
RULE 113, Sec. 5, Par. c).
NOTE: If a person lawfully arrested escapes or
is re.scu~, any person may immediately pursue
or retake hilll without a warrant at any time and
, in any place within the Philippines (RULES OF
COC/RT, RULE 113, Sec. 13).
For the purpose of surrendering the accused,
the bondsmeri may arrest him or, upon written
authority endorsed , on a certified copy of the
undertaking, cause him to be arrested by a
police officer Or any other person of suitable age
and discretion (RULES OF COURT, Rule 114,
· Sec. 23, Par. 1).
Anaccused released on bail may be re-arrested
without the. necessity of a warrant if he attempts
to <lepart from the Philippines without
permission of the court where the case is
pending (RULES OF COURT, Rule 114, Sec. 23,
Par. 2).
PERIODS OF DETENTION PENALIZED:
1. If the detention has not exceeded three (3)
days, the penalty is arresto mayor in its
maximum period to prision correccional in its
minimum period;
2. If the detention has continued more than
three (3) days but not more than fifteen .(15)
days.,_the penalty is prision correccional in its
medium and maximum periods;
3. If the detention has continued more than
fifteen (15) days but not more than six (6)
months, the penalty is prision mayor; or
4. If the detention has exceeded six (6) months,
the penalty is reclusion temporal (RPG, Art. 124,
Nos. 1 to 4).
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San Bede. University College of Law - RGCT Bar ~ Center

NOTE: Art. 124 does not fix the minimum period of

detention. The arbitrary detention may last for less
than half an hour (U.S. v. Braganza, G.R. No. L-
3971; February 3, 1908), or it may last for only one
hour (US. v. Agravante, G.R. No. L-3947, January Public officer: Not
28, 1908). authorized to arrest and
detain a person, or he did
not act in his official
capacity
(BOADO, supra at 419-420, 778; REYES, Book
Two, supra at 747).
The offender is The offender is It is committed
a law enforcer private person by a private
acting in the or a law individual who ARTICLE 125
performance of enforcer acting unlawfully DELAY IN THE DELIVERY OF
public duties in his private kidnaps, DETAINED PERSONS TO THE
(BOADO, capacity detains, or PROPER JUDICIAL AUTHORITIES
supra at 777). (BOADO, otherwise
supra at 777). deprives a
person of ELEMENTS: (PDF)
liberty 1. That the offender is a fublic officer or employee;
(REYES, Book 2. That he has Qetained a person for some legal
Two, p. 743) .. ground; and
3. That he E. ails to deliver such person to the
. proper jµdicial authorJtieswithin:
ARBITRARY DETENTION AND 'a; Twelve (12) hrs. for offenses or crimes
_ UNLAWFUL ARREST, DISTINGUISHED punishable by light penalties, or their
equivalent; or
b. Eiqht~en (18) hrs. for offenses or crimes
pµnispable by correctional penalties, or their
equivalent; or
c. Thirtfsix (;36) hrs. for offenses or crimes
..,Jtmisnablij:by afflictive penalties, or their
equ!Vak:Jnt(REYES, Book Two, supra at 65) .

.· ......."Delivering the person to the proper judicial

. •••..; i;' fn, •'iJufllorities"
· ·' ·.,·· The•··
phrase does not consist in a physical
delivery but making an accusation or charge or
filing of an information . against the person
arrested with the corresponding court or judge,
whereby the latter acquires jurisdiction to issue
an order of release or of commitment of the
No intention to bring Purpose of arrest is to prisoner (Lava v. Gonzales, G.R. No. L-23048,
the offended to proper bring the victim to proper July 31, 1964).
authorities but merely authority and file a
to detain him charge Proper Judicial Authorities
It refers to the courts of justice or judges of said
As to Manner of Qommission courts vested with judicial power to order the
temporary detention or confinement of a person
Although authorized, Private person: arrests a charged with having committed a public offense
detains a person person without (Agbay v. Deputy Ombudsman, G.R. No.
without legal ground reasonable ground, and 134503, July 2, 1999).
the purpose is to deliver
the person arrested to the NOTE: The filing of a complaint with the
proper authorities Municipal Trial Court constitutes delivery to a
proper judicial authority although jurisdiction is
with the Regional Trial Court because the intent
of the law is satisfied considering that the
detained person is informed of the crime

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imputed against him (Soria v. Desierto, G.R.
Nos. 153524-25, January 31, 2005).
NOTE: Based on applicable laws and jurisprudence,
an election day or a special holiday,. should not be
included in the computation of the period prescribed
by law for the filing of complaint/information in courts
in cases of warrantless arrests, rt being a "no-office
day." (Soria v. Desierto, G.R. No. 153524-25,
January 31, 2005).
CIRCUMSTANCES CONSIDERED IN
DETERMINING LIABILITY OF OFFICER
DETAINING A PERSON BEYOND LEGAL
PERIOD:
1. The means of communication;
2. The hour of arrest; and
3. Other circumstances such as:
a. The time of surr~nder;
b. The material possibility for the fis9t11"tomake
the investigation and file in. time' . the
. necessary information; and··· .· ·
6
c. The government offic~• h.ours '(Soria . v,
Desierto, G.R. Nos. 15352~-25,,Januaty31,
2005).
PERIOD IS THREE (3) l:>AyS.FORlHOSE
CHARGED WITH OR SUSPECTED OF
THE CRIME OF .TERRORl~M OR
CONSPIRACY TO C0'1,1MIT:\TEl;ifi0RJ,$M
The provisions of Art. 125 oflhe ~P~. to thecontrary
notwithstanding, any police. Or law enforcement
personnel, who, having been duly ;f;luthdr'i:zeci·1n.
writing by the Anti-Terrorism··'.r.coundl<..has ·taken ...
custody of a person charged with<>rsuspect~ci of the··• .·.
crime of terrorism or the crime o,t corspifaoy. to
commit terrorism shall deliver said charged·or
suspected person to the proper judicial ~uthOrity
within a period of three (3) days counted from ,the
moment the said charged ·or suspected person has
been apprehended or arrested, detained, and taken
into custody by the said police, or law enforcement
personnel (R.A. No. 9372, Sec. 18).
In the event of an actual or imminent terrorist attack,
suspects may not be detained for more than three
(3) days without the written approval of a municipal,
city, provincial or regional official of a Human Rights
Commission or judge of the municipal, regional trial
court, the Sandiganbayan or a justice of the Court of
Appeals nearest the place of the arrest (R.A. No.
9372, Sec. 19). ·
WAIVER OF T.HE PROVISIONS OF
ARTICLE 125
Before the complaint or information is filed, the
person arrested may ask for a preliminary
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CriminalLaw
investigation in accordance with the Rule, but he
must sign a waiver of the provisions of Article 125 of
the RPC, in the presence of his counsel (RULES OF
COURT, Rule 112, Sec. 6, Par. 2).
\
REASON FOR ARTICLE 125
It is intended to prevent any abuse resulting from
confining a person without informing him of his
offense and without permitting him to go on bail
(Laurel v. Misa, G.R. No. L-200, March 28, 1946).
A private individual who makes a lawful arrest must
also comply with requirements under Art. 125. If he
fails to comply, he is liable for the crime of illegal
detention under Art. 267 or 268 (REYES, Book Two,
supra at 65).
NOTE: The illegality of the detention is not cured by
the filing of information in court (REYES, Book Two,
·,: ~Supraat 70).
.,,.,;ART'.1,25,.,A,PPLIESONLY TO ARRESTS
MADI;,WIT,HQ.~TA WARRANT
lf"the arf'e$twas made pursuant to a warrant, the
prisoner: is a,lready ~eemed in the custody of the
court and the officer. has only to deliver him without
unnl3ce§Sary ~~y tb \he nearest police station or
jail (RUl.£S Of=CQURt. Rule113, Sec. 3).
• i! •'.! ,.
, ' \
Moreov,er,t.he p~rsdtr11ilrested pursuant to a warrant
_Cijn pe'®tained[lndefinjJely, until his case is decided
by the,qourt or}he·'f)TJ~s a bail. The reason is that
there: is· alreapy a "b;>mplaint or information filed
agc1lnsthim/ making' his delivery to the court
·· unnecessary (REYf;S, .Book Two, supra at 66).
.VVhere a jlid§e is not available, the arresting officer
fo release a person detained, if the
··'.is'.:9ut~:-b,8LIIJJ.i
.·tnaximur:n !'fours for detention provided under Art.
· 125,u(the Revised Penal Code have already
• · ·expired. Failure to cause the release may result in
an offense under Art.125 (Albior v. Auguis, A.M. P-
01-1472; June 26, 2003).
ARBITRARY DETENTION AND DELAY
IN THE DELIVERY OF DETAINED
PERSONS TO PROPER JUDICIAL
AUTHORITY, DISTINGUISHED
No • warrant of No warrant of arrest, but with
arrest. legal ground.
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San Beda UniversityCOiiegeof Law - RGCTBar Operations Center
The detention· is The detention is legal in the
illegal from the beginning, but the illegality
beginning. of the detention starts from
the expiration of any of the
periods of time specified in
Art. 125, without the person
detained having been
delivered to the proper
judiCial authority.
(BOADO, supra at 420; REYES, Book Two, supra at
67).
ARTICLE 126
DELA YING RELEASE
PUNISHABLE ACTS: (PSP)
1. By delaying the ferformance of a judicial or
executive order for the release of a prisoner;
2. By unduly delaying the §ervice of the notice of
such order to said prisoner; and
3. By unduly delaying the froceedings uponany
petition for the liberation of such · person ·
(REYES, Book Two, supra at 75),
ELEMENTS: (PJ-SPP)
1. That the offender is a fublic officer or employee;
2. That there is a Judicial or executive order for the
release of a prisoner or detention prisoner, or
that there is a proceeding upon a petition for the
liberation of such person; and · rifle butt or other similar objects, and
3. That the offender without good reason delays
either:
a. The §.ervice of the notice of such order to
the prisoner;
b. The ferformance of such judicial or
executive order for the release of the
prisoner; or
c. The froceedings upon a petition for the
release of such person (Id.).
NOTE: Most likely to be violated by wardens or
jailers (Id.).
The offended parties may be either convicted or
detention prisoners (REGALADO, supra at 384).
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REPUBLIC ACT NO. 9745
ANTI-TORTURE ACT OF 2009
(Refer to SPL part for a detailed discussion. See
page 450)
A~proved on: November 10, 2009
TORTURE
It refers to an act by which severe pain or sufferir-ig,
whether physical or mental, is intentionally inflicted
on a person for such purposes as:
1. Obtaining from him/her or a third person
information or a confession;
2. Punishing him/her for an act he/she or a third
person has committed or is suspected of having
committed; or
3. Intimidating or coercing him/her or a third
person; or for any reason based on
discrimination of any kind, when such pain or
suffering is inflicted by or at the instigation of or
with. the consent or acquiescence of a person in
authority or agent of a person in authority (Sec.
3, Par. 9J;_ .
Acts of Torture, which shall include, but not
· limited to th~ following (Sec. 4):
1 . Physfoal torture
is a fo.rm of.treatment or punishmentinflicted
by;; ~.. l,dhority or agent of a person in
au ·· ;( another in his/her custody that
causes severe pain, exhaustion, disability or
, ...... dysfunction of one or more parts of the body,
• >. i: "i"Gras:
: . .:r.·a: :Systematic beating, head banging,
punching, kicking, striking with truncheon or
jumping on the stomach;
b. Food deprivation or forcible feeding with
spoiled food, animal or human excreta, and
other stuff or substances not normally eaten;
c. Electric shock;
d. Cigarette burning; burning by electrically
heated rods, hot oil, acid; by the rubbing of
pepper or other chemical substances on
mucous membranes, or acids or spices
directly on the wound(s);
e. The submersion of the head in water or .
water polluted with excrement, urine, vomit,
and/or blood until the brink of suffocation;
f. Being tied or forced to assume fixed and
stressful bodily position;
g. Rape and sexual abuse, including the
insertion of foreign objects into the sex
organ or rectum, or electrical torture of the
genitals;
h. Mutilation or amputation of the essential
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parts of the body such as the genitalia, ear,
tongue, etc.;
i. Dental torture or the forced extraction of the
teeth;
j. Pulling out of fingernails;
k. Harmful exposure to the elements such as
sunlight and extreme cold;
I. The use of materials like plastic bag and
others placed over the head to the point of
asphyxiation;
m. The use of psychoactive drugs to change
the perception, memory, alertness, or will of
a person, such as administration of drugs to
induce confession and/or reduce mental
competency; use of drugs to induce extreme
pain or certain symptoms of a disease; and
n. Other analogous acts of physical torture
(Sec. 4, Par. a).
2. Mental or Psychological Torture
acts committed by a person in authority or
agent of a person in authority which are
calculated to affect or confuse the mind Bfld/or
undermine a person's dignity and morale, such
as:
a. Blindfolding;
b. Threatening a person.(s}' or his/tier
relative(s) with bodily harm, execution or
other wrongful acts;
c. Confinement in so(itary cells or secret
detention places;
d. Prolonged interrogation;
e. Preparing a prisoner fora "showtrial";public
display or public humjliation of a detainee or
prisoner;
f. Causing unscheduled transfer of a person
deprived of liberty . from one 'place to
another, creating the belief that he/she shall
be summarily executed;
g. Maltreating a member/sofa person's family;
h. Causing the torture sessions to be
witnessed by the person's family, relatives
or any. third party;
i. Denial of sleep/rest;
j. Shame infliction such as stripping the
person naked, parading him/her in public
places, shaving the victim's head or putting
marks on his/her body against his/her will;'
k. Deliberately prohibiting the victim to
Communicate with any member of his/her
family; and
I. Other analogous acts of
mental/psychological torture (Sec. 4, Par.
b).
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Criminal Law
ARTICLE 127
EXPULSION
PUNISHABLE ACTS:
1. By expelling a person from the Philippines; or
2. By compelling a person to change his residence.
NOTE: The first punishable act, as provided above,
may only be committed against an alien on grounds
provided by law and only upon observance of due
process in deportation proceedings while Par. 2 may
be com.mitted either against aliens or Filipino citizens
(AMURAO, Book Two, Part One, supra at 111).
The President shall have the power to deport aliens
subject to the requirements of due process (E. 0. No.
292, Sec. 3).
ELEMENTS: (PEN)
1. That the offender is a fublic officer br employee;
2. That he _sxpels any person from the Philippines,
or cc.impels a person to change his residence;
and
3. That the offend~r is Not auJhorized to do so by
law (REY.ES, Book Two, supra at 76).
Only a court, by a final judgment, can compel a
person to change his residence. Thu·s, one may be
legally compelled to c,hange his residence in:
1. Ejectment pfoceedings;
2. Expropriation f!rPC~dings;
3. Destierro (Id.);· ·
4. ·C<;1se'of a conviction for the commission of a
crime involving deprivation of liberty;
5. Grant_of Probation under the Probation Law of
1976 where change of residence is one of the
tc;m9itions. therein imposed by the court (P.O.
968. Sec. 10, Par. k);
6, Case of release on parole of a prisoner under
the Indeterminate Sentence Law where one of
the conditions of his release is a change of.
residence (Act No. 4103, Sec. 6); and
7. Grant of a temporary or permanent protection
under R.A. No. 9262 (Anti-Violence Against
Women and Their Children Act) ·where change
of residence is one of the conditions imposed
(R.A No. 9262, Sec. 8, Par. c).
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SECTION TWO:
VIOLATION OF DOMICILE
ARTICLE 128
VIOLATION OF DOMICILE
PUNISHABLE ACTS:
1. By entering any dwelling against the will
of the owner thereof; · the implied objection of the inhabitant
Dwelling
It must be a building or structure, exclusively
used for rest and comfort (REYES, Book One,
supra at 367).
Against the will of owner
To constitute a violation of domicile, the
entrance by the public officer or employee must
be against the will of the owner of the dwelling
which presupposes opposition or prohibition by
the owner. whether express or implied, and not
merely the absence of consent (REYES, Book
Two, supra at 78). If the entrance by the public
officer or employee is only without the consent
of the owner of the dwelling, the crime· is not
committed (Id.).
Lack of consent would not suffice as the law
requires that the offender's entry must be over
the owner's objection (REGALADO, supra at
386).
NOTE: The phrase "against the will" denotesthe
prohibition of the owner which may be express
or implied as whether the door is closed even
though it' is not locked (BOADO, supra at 433).
2. By searching papers or other effects
found therein without the
consent of such owner; and
Search
It refers to the examination of a person's body,
property or other area that the person would
reasonably be expected to. consider as private,
conducted by a law enforcement officer for the
purpose of finding evidence of a crime (Black's
Law Dictionary (1999), p. 1351). Thus, the mere
fact of "looking at" cannot strictly be considered
as the search of papers and other effects
(REYES, Book Two, supra at 79).
Silence of the owner of the dwelling before and
during the search, without search warrant, by a
public officer, may show implied waiver (Id.).
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3. By refusing to leave the premises, after
having surreptitiously entered said
dwelling and after having been required
to leave the same (REYES, Book Two, supra
at 77).
NOTE: What is punished is the refusal to leave,
the entry having been made surreptitiously. It is
believed, however, that if the surreptitious entry
had been made through an opening not
intended for that purpose, the offender would be
liable under the first mode since it is entry over
(REGALADO, supra at 386).
Although the Code speaks of the owner of the
premises, it would be sufficient if the inhabitant
is the lawful occupant using the premises as his
dwelling, although he is not the owner thereof
(Id.).
ELEMENTS: (PN-ESR)
1. That the offender is a fublic officer or
empJoyee;
·2. 'That he is Not authorized by-judicial order to
enter the dwelling and/or to make a search
for papers or other effects; and
3. T~rthe':.-0ffender shall:
-a/ §,ter.any dwelling against the will of the
owner thereof;
.. ;b",.. .•~pers or other effects found
\i:.,:;;:1f~lfiWithout the previous consent of
· ·::J1th owner; or
c. Refuse to leave the premises, after
having surreptitiously entered said
;dwelling and after having been required
to le~ve the same (REYES, Book Two,
supra at 77).
Not authorized by judicial order
A public officer or employee is not authorized by
judicial order when he is not arm~d with a search
previous warrant duly issued by the court (Id. at 78).
If the offender is a private individual (RPG, Art.
280), or if the public officer is one whose function
does not include the duty to effect search and
seizure, the crime committed is trespass to
dwelling (BOADO, supra at 433).
QUALIFYING CIRCUMSTANCES:
1. If committed at nighttime; or
2. If any papers or effects not constituting evidence
of a crime are not returned immediately after a
search is made by the offender (REYES, Book
Two, supra at 80).
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ARTICLE 129
SEARCH WARRANTS MALICIOUSLY
OBTAINED AND ABUSE IN THE
SERVICE OF THOSE LEGALLY
OBTAINED
PUNISHABLE ACTS: (SPPJ-EPLE)
1. Procuring a §.earch warrant without just
cause; or
ELEMENTS:
a. That the offender is a fublic officer or
employee;
b. That he frocures a search warrant; and
c. That there is no Just cause (REYES, Book
Two, supra at 81).
2. .§xceeding his authority or by using
unnecessary severity in executing a
search warrant legally procured.
ELEMENTS:
a. That the •offender is a fublrc ;officer or
employee;
b. That he has begally procured a search
warrant; and
c. That he gxceeds his authority or uses
unnecessary severity in executing the same
(REYES, Book Two, supta at 86). ·
NOTE: If in searching a heuse, the put.meofficer
destroys furniture therein without any
justification at all, he is guilty under Art. 129, as
having used unnecessary severity in executing
the search warrant (REYES, Book Two, supra at
87).
Unnecessary Severity, Not Present
The officer, if refused admittance to the place of
directed search after giving notice of his purpose
and authority, may break open any outer or
inner door or window of a house or any part of a
house or anything therein to execute the warrant
or liberate himself or any person lawfully aiding
him when unlawfully detained therein (RULES
OF COURT, Rule 126, Sec. 7).
SEARCH WARRANT
It is an order in writing issued in the name of the
People of the Philippines, signed by the judge and
directed to a peace officer, commanding him to
search for personal property described therein and
bring it before the court (RULES OF COURT, Rule
126, Sec. 1).
REQUISITES: (PJO2 P)
1. It must be issued upon frobable cause;
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Criminal Law
Probable cause
It is defined such facts and circumstances which
would lead a reasonably discreet and prudent
man to believe that an offense has been
committed and that the objects sought in
connection with the offense are in the place
sought to besearched. A finding of probable
cause needs only to rest on evidence showing
that, more likely than not, a crime has been
committed and that it was committed by the
acc;;used.Probable cause demands more than
bare suspicion; it requires less than evidence
which would justify conviction (Petron LPG
Dealers Association v. Ang, G.R. No. 199371,
February 3, 2016).
. 2. The probable cause must be determined by the
Judge himself and not by the ~applicant or any
other person;
3. In the determination of probable cause, the
judge must examine, under Oath or affirmation,
the cornplainant and such witnesses as the latter
.. may .produce;
4. It soould be issued in connection with Qne (1)
specific offense; and
5. The warrant issued must farticularly describe
the place'to be searched and persons or things
to be seized {RULES OF COURT, Rule 126,
Sec. 4).
If is elemental that in order to be valid, a search
warrant must particularly describe the place to be
searched and the. things to be seized. The
constitutional requirement of reasonable particularity
-0fdescription of the things to be seized is primarily ·
meant to enable the law enforcers serving the
warrant to:
1., Rec1dilyidentify the properties to be seized and
thu_sprevent them from seizing the wrong items;
anq
2. Leave said peace officers with no discretion
regarding the articles to be seized and thus
prevent unreasonable searches and seizures
(People v. Pastrana, G.R. No. 196045, February
21, 2018). .
A search warrant may be said to particularly
describe the things to be seized:
1. When the description therein is as specific as the
circumstances will ordinarily allow; or
2. ·when the description expresses a conclusion of
fact - not of law by which the warrant officer
may be guided in making the search and
seizure;and
3. When the things to be described are limited to
those which bear direct relation to the offenses
for which the warrant is being issued (Dimal v.
People, G.R. No. 216922, April 18, 2018).
A search warrant shall be valid for ten (10) days from
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its date. Thereafter, it shall be void (RULES OF
COURT, Rule 126, Sec. 10).
TEST OF LACK OF JUST CAU,SE
Whether the affidavit filed in support of the
application for search warrant has been drawn in
such a manner that perjury could be charged
thereon and affiant can be held liable for damages
caused (People v. Sy Juco, G.R. No. L-41957,
August 28, 1937).
If the search warrant is secured through a false
affidavit, the crime punished by this article cannot be
complexed but will be a separate crime from perjury
since the penalty herein provided shall be "in
addition to" the penalty of perjury (REGALADO,
supra at 388).
WARRANTLESS SEARCHES, WHEN VALID
(SBC-SWIM PAVE):
1. Presence of a genuine reason to "§top-and-
frisk" in the light of the police officer's experience
and surrounding conditions to warrant a belief
that the person detained has weapons'
concealed (Malacat v. Court of Appeals, G.R.
No. 123595, December 12, 1997);
2. Inspection of §uildings and other premjses for
the enforcement of fire, sanitary and building
regulations (Valeroso v. Court of Appeals, G.R.
No. 164815, September 3, 2009);
3. Visual search at ,g_heckpoints (Valmonte v. de
Villa, G.R. No. 83988, September 29, 1989);
4. Conduct of "aerial target zoning" and "§aturation
drive" in the exercise of military powers of the
President (Guanzon v. de Villa, G.R. Mo. 80508,
January 30, 1990);
5. Voluntarily Waiver of right (People v. Malasugui,
G.R. No. 44335, July 30, 1936);
6. In flagrante delicto arrest as an !ncident to a
lawful arrest, provided search is
contemporaneous to arrest . and within
permissible area of search (RULES OF COURT,
Rule 126, Sec. 13);
NOTE: A valid arrest must precede the search;
the process cannot be reversed (People v. Chua
Ho San, G.R. No. 128222, June 17, 1999).
It may be made only within the p~rmissible area
of search, or the place within the immediate
control of the person being arrested (Espana v.
Court of Appeals, G.R. No. 120431, April 1,
1998).
The phrase "within the area of his immediate
control" means the area from within which he
might gain possession of a weapon (Valeroso v.
Court of Appeals, G.R. No. 164815, September
3, 2009).
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7. Searches of Moving vehicles or automobiles at
borders or constructive borders for violation of
immigration and smuggling laws. Custom
searches however are not available in dwelling
places (Papa v. Mago, G.R. No. L-27360,
February 28, 1968);
8. flain view of prohibited articles (Chia v. Acting
Collector of Customs, G.R. No. L-43810,
September 26, 1989);
. ELEMENTS (PIAJ):
1. There must be a friar valid intrusion based
on the valid warrantless arrest in which the
police are legally present in the pursuit of
their official duties;
2. The evidence was !nadvertently discovered
by the police who have the right to be where
they are;
3. The evidence must be immediately Apparent
(or the illegality is apparent); and
4. The plain view Justified the mere seizure of
evidence without further search (People v.
Tudtud, G.R. No. 144037, September 26,
2003).
· "8(),Tt;:'W:here the object seized was inside a
clo~etf package, the object is not in plain view.
However,;if the package proclaims its contents,
then the contents are in plain view and may be
seizeq (Caballes v. Court of Appeals, G.R. No.
.136292,January 15, 2002).
9. S-gltes ~"Altdraft and Vessel for violation of
fishel'?y:;:~f'iition and customs laws (Roldan
v. Arca, G.R. No. L-25434, July 25, 1975); and
{)N: The vessel can be quickly moved out
'lBcality or jurisdiction in which the search
must be sought before the warrant _could be
secured (Hizon v. Court of Appeals, G.R.
No.119619, December 13, 1996).
10. Doctrine of 5.xigent circumstances- under such
urgency and exigency of the .moment where a
search warrant should be lawfully dispensed
with (People v. De Gracia, G.R. Nos. 102009,
July 6, 1994).
ARTICLE 130
SEARCHING DOMICILE WITHOUT
WITNESSES
ELEMENTS: (PASO)
1. That the offender is a fublic officer or employee;
2. That he is Armed with a search warrant legally
procured;
3. That he §.earches the domicile, papers or other
belongings of any person; and
4. That the Owner, or any member of his family or
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two witnesses residing in the same locality are

not present (REYES, Book Two, supra at 87).
NOTE: The witnesses must be of legal age and the
locality refers to the same barangay (RULES OF
COURT, Rule 126, Sec. 8).
The Rules of Court clearly and explicitly establishes
a hierarchy among the witnesses in whose presence
the search of the premises must be conducted._
Thus, Section 8, Rule 126 provides that the search
should be witnessed by ''two witnesses of sufficient
age and discretion residing in the same locality" only
in the absence of either the lawful occupant of the
premises or any member of his family (Bulauitan v.
People, G.R. No. 218891, September 19, 2016).
Search in the presence of witnesses specified by the
law is mandatory to ensure regularity in the
execution of the search warrant (Dabon v. People,
G.R. No. 208775, January 22, 2018).
NOTE: This Article does not apply to searches of
vehicles or other means of transportation, because
the searches are not made in the dwelling (REYES,
Book Two, supra at 88).
VIOLATION OF DOMICILE, SEARCH
·WARRANTS MALICIOUSLY OBTAINED
AND ABUSE IN THE SERVICE OF
THOSE LEGALLY OBTAINED, AND
SEARCHING DOMICILE WITHOUT
WITNESSES, DISTINGUISHED
SECTION THREE:
PROHIBITION, INTERRUPTION,
AND DISSOLUTION OF
PEACEFUL MEETINGS
ARTICLE 131
PROHIBI1:ION, INTERRUPTION, &
DISSOLUTION OF PEACEFUL
MEETINGS
COMMON ELEMENTS: (PPAPA)
1. That the offender is a f.ublic officer or employee;
and
2. That he f_erforms any of the acts enumerated in·
violation of the right to Association and f_eaceful
Assembly (REYES, Book Two, supra at 90).
PUNI.SHABLE ACTS: (MAP)
1. Prohibiting, interrupting, or dissolving without
legal ground the holding of a peaceful Meeting
or by dissolving the same;
REQUISITES:
1. The n;ieeting must be peaceful; and
2. There is rio regal ground for prohibiting, or
interrupting or dissolving that meeting
2. Hindering any person from joining any lawful
Association or from attending any of its
meetings; or
3. Prohibiting or hindering any person from
addressing, either alone or together with others,
_ any f_etition to the authorities for the correction
of abuses or redress of grievances (Id.).

NOTE: The right to freedom of speech and to

peacefully assemble, though guaranteed by our
Constitution, is not absolute, for it may be regulated
in order that it may not be "injurious to the right of the
There is The public officer There was abuse
community or society," and this power may be
no is armed with a in the
exercised under the "police power" of the state,
warrant. warrant but such implementation of
which is the power to prescribe regulations to
was maliciously a valid warrant.
promote the good order or safety and general
obtained.
welfare of the people (Id. at 91).
(BOADO, supra at 434).
OFFENDER IN ART. 131 AND IN ART.
135 OF THE RPC, DISTINGUISHED
Offender Crime Committed
If offender is a public Violation of Art. 131,
officer, who is not a RPC.
participant (stranger)

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If the offender is a Tumultuous
private individual who is disturbance under Art.
not a participant 153, RPC
(stranger)
(REYES, Book Two, supra at 192).
NOTE: Interrupting and dissolving the me.etingof the
municipal council by a public officer is a crime
against a legislative body, which is in violation of
Sec. 1 of Act No. 1755 (similarly punished under
Arts.143and 144and notunderArt.131 ofthe RPC)
(People v. Alipit, G.R. No. 18853, August 22, 1922).
SECTION FOUR:
CRIMES AGAINST RELIGIOUS
WORSHIP
ARTICLE 132
INTERRUPTION OF RELIGIOUS
WORSHIP
ELEMENTS: (PReP)
1. That the offender is a Public officer or employee;
2. That Religious ceremonies or manifestations of
any religion are about to take place or c;1regoing
on; and . faithful
3. That the offender Prevents or disturbs the same -
(REYES, Book Two, supra at 95}.
NOTE: Qualified by violence or threats (RPG, Art.
132, Par. 2).
There must actually be a religious ceremony being
conducted on that occasion, either by itself or in
conjunction with some other activity of the religious
denomination. If the offense was committed only in
a meeting or rally of a sect, it would be punishable
under Art. 131 (People v. Reyes, et al., C.A.-G.R.
No. 13633-R, July 27, 1955).
The right to peaceably assemble is not absolute and
may be regulated that it sh~II not be injurious to the
equal enjoyment of others having equal rights, nor
injurious to the rights of the community or society,
through the State's exercise of police power
(Diocese of Bacolod v. _COMELEC, G.R. No.
205728, January 21, 2015).
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ARTICLE 133
OFFENDING THE RELIGIOUS
FEELINGS
ELEMENTS: (PDA-NO)
1. That the acts complained of were performed:
a. In a flace devoted to religious worship; or
NOTE: In the phrase "in a place devoted to
religious worship," it is not necessary that
there is a religious ceremony going on.
b. Quring the celebration of any religious
ceremony; and
2. That the Acts must be Notoriously Offensive to
the feelings of the faithful (REYES, Book Two,
supra at 96-97).
Religious ceremonies
Religious acts performed outside of a church, such
as processions and special prayers for burying dead
persons (Id. at 97).
NOTE; To b4t' held liable for the crime of offending
the religious feelings, the offensive acts must be
committed either in a place devoted to religious
worship or during the celebration of any religious
ceremony (II CAMPANILLA, Reviewer, sµpra at 90).
Acts notoriously offensive to the feelings of the
..
The acts must be' directed against religious practice
or dogma or ritual for the purpose of ridicule, as
mocking or scoffing at or attempting to damage an
• __cbjact Of religious veneration. It must be abusive,
insulting and obnoxious (People v. Baes, G.R. No.
46000, May 25, 1939).
Whether or not the acts committed are notoriously
offensive are viewed from the complainant's
standpoint and not from that of the offender (People
v. Baes, G.R. No. 46000, May 25, 1939).
There must be deliberate intent to hurt the feelings
of the faithful (REYES, Book Two,..supra at 98).
If the act is directed to the religious belief itself and
the act is notoriously offensive, the crime is offending
the religious feelings. Otherwise, it is only unjust
vexation. Where the act is not directed to the belief
itself and the meeting is interrupted by a pubic
officer, the violation is against Art. 132 (BOADO,
supra at 438).
It may be committed by a public officer or a private
individual (REGALADO, supra at 392). This crime is
an exception in Title II where the offenders are public
officers for it allows the prosecution of a private
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person ("anyone") (BOADO, supra at 438).
No excessive entanglement will result from the
effectivity of Article 133 of the RPC as it does not
punish every act which may be construed to attack
one religion. It only covers those acts which are
"notoriously offensive" to the feelings of the faithful
(Celdran v. People, G.R. No. 220127, November 21,
2018).
In determining whether there was excessive
entanglement of the State in church matters, the
following factors are to be considered:
1. The character and purposes of the institutions
that are benefited;
2. The nature of the aid that the States provides;
and
3. The resulting relationship between the
government and the religious authority (Ce/dran
v. People, G.R. No. 220127, November 21,
2018).
TITLE THREE:
CRIMES AGAINST
PUBLIC ORDER
.. . .·
CHAPTER ONE:
REBELLION, SEDITION AND
DISLOYALTY
(ARTS. 134-142)
ARTICLE 134
REBELLION / INSURRECTION
ELEMENTS: (PARD)
1. There is: · 29, 1995).
a. fublic uprising; and
b. Taking up of Arms against the government;
and
NOTE: If there is no public uprising, the
crime may be of direct assault (REYES,
Book Two, supra at 131.) Direct assault, a
crime against pu~lic order, may be
committed in two ways: first, by any person •
or persons who, without a public uprising,
shall .employ force or intimidation for the
attainment of · any of the purposes
enumerated in defining the crimes of
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rebellion and sedition; and second, by any
person or persons who, without a public
uprising, shall attack, employ force, or
seriously intimidate or resist any person in
authority or any of his agents, while
engaged in the performance of official
duties, or on occasion of such performance.
The first mode is tantamount-to rebellion or
sedition, without the element of public
uprising (People v. Recto,' G.R. No. 129069,
October 17, 2001).
2. The purpose of the uprising or movement is
. either:
a. Removing from the allegiance to said ·
Government or its laws:
The territory of the Philippines, or any part
thereof; or
Any body of land, naval or other armed
forces; or
b. Q.epriving wholly or partially, any of the
pow~rs or prerogatives of the:
i. Chief Executive; or
ii. Congress (REYES, Book Two, supra at
102-103).
NOT&: Oeprivjng the Judiciary of its powers
is not included, and the offense may only be
sedition (REGALADO, supra at 386).
REBELLION
It is mote frequently used where the object of the
movement is completely to overthrow and
supersede the existing government (REYES, Book
iwo, supra at 103).
By its nature, rebellion is a crime of the masses or
multifudes involving crowd action done in
furtherance of a political end (Lad/ad v. Velasco,
G.R. Nos. 172070, June 1, 2007 citing People v.
Lovedioro, G.R. No. 112235, Novemb.er 29, 1995).
NOTE: The gravamen of the crime of rebellion is an
armed public uprising against the government
(People v. Lovedioro G.R. No. 112235, November
PURPOSE MUST BE SHOWN BUT NOT
NECESSARILY ACCOMPLISHED
The purpose of the uprising must be shown. Without
evidence to indicate the motive or purpose of the
accused, the crime does not constitute rebellion. It
may constitute other crimes like sedition or
kidnapping (U.S. v. Constantino, G.R. No. 1186,
November 18, 1903).
However, it is not necessary that the purpose of
rebellion be actually obtained by the accused. The
crime of rebellion is consummated merely by rising
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publicly and taking arms against the government for
any of the purposes specified in Art. 134 (REYES,
Book Two, supra at 104).
ACTUAL CLASH NOT NECESSARY
Actual clash with the armed forces of the
government is not necessary to convict the accused
who is in conspiracy with others actually taking arms
against the Government (People v. Perez, G.R. No.
8186-R, June 30, 1954).
single crime of rebellion (People v. Dasig, G.R. No.
100231, Apri{ 28, 1993).
INSURRECTION
It is more commonly employed in reference to a
movement which seeks merely to effect some
change of minor importance, or to prevent the
exercise of governmental authority with respect to
particular matters or subjects (REYES, Book Two,
supra at 103).

NOTE: Persons merely acting as couriers or spies PUBLIC OFFICER MUST TAKE ACTIVE
for the rebels are also guilty of rebellion (REYES, PART; MERE SILENCE OR OMISSION
Book Two, supra at 104).
NOT PUNISHABLE AS INSURRECTION
Silence does not constitute the crime of insurrection.
ACTS AND OMISSIONS NOT DEEMED
Art. 134 defines and specifies the acts which shall
AS REBELLIOUS: be punished as insurrection, but among those acts,
1. Giving aid and comfort is not criminal in the silence of the defendant is not enumerated. This
rebellion (Carino v. People, G.R. No. L-14752, silence _isnot an act; it is, rather, an omission (U.S.
April 30, 1963). v. Ravidas, G.R. No. 1503, March 14, 1905).
2. Mere silence regarding the presence of rebels
despite knowledge of a rebellion is not A person who commits an act punishable as
punishable (U.S. v. Ravidas, G.R. No. 1503, rebel.lion or insurrection, thereby sowing and
March 14, 1905). creating a cqridition of widespread and extraordinary
fa,aralild-P~ among the populace, in order to
NO COMPLEX CRIME OF REBELLION coerce the"gQvernment to give in to an unlawful
WITH MURDER AND OTHER COMMON demand shat1?beguilty of terrorism (R.A. No. 9372,
Sec. 3).
CRIMES
All crimes, whether punishable under a special law
or general law, which are mere· components or
REBELLION AND TREASON,
ingredients, or committed in furtheranc~, thereof, . PJS1.1NGUISHED
become absorbed in the crime of rebellion and
cannot be isolated and charged as separate.crimes
in themselves. 'These common crimes refer to all
acts of violence such as murder, arson, robbery,
kidnapping etc. as provided in the Revised Pena.I
Code (Lagman v. Medialdea, G.R. Nos. 231658,
231771 & 231774, July 4, 2017).

PRINCIPLE OF ABSORPTION
Rebellion cannot be complexed with other crimes, To remove from the The delivery of the
such as murder and arson. Rebellion in itself would allegiance to said Philippines to a foreign
include and absorb the said crimes, thus granting the Government or the power.
accused his right to bail. Murder and arson are laws the territory of the
crimes inherent and concomitant when rebellion is Philippines or anybody
taking place. Rebellion in the Revised Penal Code of land, naval or other
, constitutes one single crime and that there is no armed forces; or
reason to complex it with other, crimes (People v. To deprive the Chief
Hernandez, G.R. Nos 6025-26, July 18, 1956). Executive or Congress
of any of their powers.
Ingredients of a crime form part and parcel thereof
are absorbed by the same and cannot be punished As to Manner of Commission
either separately therefrom or by the application of
Art. 48 of the RPC (People v. Hernandez, G.R. Nos Public uprising; and By levying war against
6025-26, July 18, 1956). By taking arms against the Government; and
the Government for any By adhering to the
Acts committed in furtherance of rebellion though of the specified enemies of the
crimes in themselves are deemed absorbed in one purposes in Art. 134.

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CRIMINAL LAW II
Criminal Law

give in to an unlawful demand, shall be guilty of

Terrorism (R.A. No. 9372, Sec. 3).

REBELLION AND COUP D'ETAT,

DISTINGUISHED

Only in the Philippines. May be committed in the

Philippine territory or
elsewhere.
1. To remove from the To seize or diminish
As to Person Committing the Crime allegiance to said State power.
Government or
Any person. Only by a Filipino citizen the laws the Criminal objective is to
or an alien residing in territory of the destabilize, immobilize or
the Philippines. Philippines , or paralyze the existing
anybody of land, government.
As to Proof Needed fe>rConviction naval · or other
armed forces; or
Proved by showing the Testimony of, two (2) 2. To deprive the
purpose of the uprising; witnesses, atteastto the · Chief Executive or
there must be proof same overt act; or Congress .of any
beyond reasonable Confession of accused . of their powers.
doubt. in open court.
(REYES, Book Two, supra at 104;-105). Criminal objective is
to overthrow the/
ARTICLE 134-A government and rth<:<
COUP D(t:JAT offenders.to e.1,t<:1bJish
their own.

ELEMENTS: (OMAA) Aste> Manner of Commission

1. The Offender is a person or personS;belonwng
to the military or police or 'holding ~"Y.public Commjtted thrbugh Swift · attack
office or employment; ·· · force ~nd\,tol~n'ce by: accomplished by
2. It is committed by Means of a swift att~ck, ·1. Pub..lic· uprising; violence, intimidation,
accompanied by violence, intimidatiol'i,,J,hreat, and threat, strategy or stealth.
strategy, or stealth; ·•···• .2. '8y taking arms
3. The Attack is directed against duly constituted against the
authorities of the Republic.of the Philippines, or Government for
any military camp or installation, or any of the
communication networks, public utilities or other specified
facilities needed for the exercise and continued purposes in Art.
possession of power; and 134. .
4. The purpose of the Attack is to seize or diminish
As to the Object Against Which the Attack
state power (REYES, Book Two, supra at 111-
is Committed
112).
Directed against the Directed against the duly
The crime of coup d'etat may be committed with or Government. constituted authorities of
without civilian participation (Id. at 112). the Republic of the
Philippines, or any
A person who commits an act punishable as coup military camp or
d'etat including acts committed by private persons, installation,
thereby sowing and creating a condition of communication
widespread and extraordinary fear and panic among networks, public utilities
the populace, in order to coerce the government to or other facilities needed

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• M \ I

MEt4Q~Y -AlD
San Beda University College of Law - RGCT Bar Operations Center

WHEN THE LEADE~ OF THE

REBELLION, INSURRECTION OR COUP
D'ETAT IS -UNKNOWN, A PERSON IS
for the exercise and
continued possession of
DEEMED THE LEADER IF HE/SHE IS:
power. Any person who in fact:
1. Directed the others;
, As to t~e •r~,:reomm~Mg
·~.,
~ ,_
·· ,,_ ' ~"" "' "" ~ ,-;
2. Spoke for them;
3. Signed receipts and other documents issued in
Any person, whether It is required that the their name; or
public officer or not. person belongs to the 4. Performed similar acts, on behalf of the rebels
military or police or (RPG, Art. 135, Par. 6).
holding any public office
or employment. Being a mere assistant to a principal, guilty of
rebellion, the accused is guilty only as a participant
in the commission of rebellion under Par. 2 of Art.
135 (People v. Lava, G.R. Nos. L-4974, May 16,
·involves a multitude of May be committed singly 1969). .
people. or collectively.
(BOADO, supra at 447). Membership in a rebel organization does not
automatically qualify criminal acts as absorbed in
rebellion. It must be conclusively demonstrated that
ARTICLE 135 ·
the criminal acts vvere committed in "furtherance of
PENAL TY FOR REBELLION OR rebellion (People v. Lovedioro, G.R. No. 112235
INSURRECTION OR COUP D'ETAT f-.£9,vember ~fl,1995). - '
::t~S~qcjefi,isein rebellion that the accused never
took tftef"&:.afl'l(
of allegiance to, or that they never
PERSONS LIABLE FOR REBELLION,
recognized, th~. Government (U.S. v. Del Rosario,
INSURRECTION AND/OR COUP ..D'ETAT: G.R. No. 1106, April 15, 1903).
~ : ;
1. The leaders:
a. Any person who: POLITICAL CRIMES
i. Promotes;
In co ·_,gn crimes, political crimes are
ii. Maintains; or
those , __ __. · against the political order, as
iii. Heads a rebellion or insurrection:,, or -; \
well as suctrtommon crimes as may be committed
Q. Any person who -
__ to achieve a political purpose. The decisive factor is
i. Leads;
ii. Directs; or ;1~~!~~ntent or motive (Lagman v. Medialdea, G.R.
243522, 243677, 243745 & 243797, February
';;j";""t,;WOS.
iii. Commands others to undertake a coup
19, 2019 citing People v. Hernandez, G.R. Nos. L-
d'etat; ,
8025, July 18, 1956).
2. The participants:
a. Any person who:
K~lling, robbing, etc., for private purposes or profit,
i. Participates; or
w1th_out any political motivation, would be separately
ii. Executes the commands of others in
punished and would not be absorbed in the rebellion
rebellion, or insurrection;
(People v. Geronimo, G.R. No. L-8936, October 23
b. Any person in the government service who:
1956). '
i. Participates; or
ii. Executes directions or commands of
The unlawful acquisition, possession offirearms and
others in undertaking a coup d'etat;
ammunition, and use of loose firearm, in furtherance
c. Any person not in the government service
of, or incident to, or in connection with the crime of'
who:
rebellion o~ insurrection, or attempted coup d'etat,
i. Participates;
shall be absorbed as an element of the crime of
ii. Supports;
rebellion or insurrection, or attempted coup d'etat
iii. Finances;
(R.A. No. 10591, Secs. 28 and 29).
iv. Abets; or
v. Aids in undertaking a coup d'etat
(REYES, Book Two, supra at 113).

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/ CRIMINAL LAW II
CriminalLaw

ARTICLE 136 rebellion by other persons; the offender must not be

CONSPIRACY AND PROPOSAL TO
COMMIT REBELLION, INSURRECTION
OR COUP D'ETAT
TWO CRIMES PENALIZED UNPER THIS
ARTICLE: (CP)
1. fonspiracy to commit rebellion; and
2. froposal to commit rebellion (REYES, Book
Two, supra at 120).-
Conspiracy to commit rebellion
When two or more persons come to an agreement
to rise publicly and take arms against the
Government for any of the purposes of rebellion and
decide to commit it (Id.).
Mere membership is sufficient to find an accused_
guilty of conspiracy to commit rebellion (People v.
Lava, G.R. No. L-4974, May 16, 1969). · COMMITTED
There is no conspiracy when there was no
agreement concerning the commission -of rebellion
and there was no decision to commit 'it (REYES,
Book Two, supra at 121).
Proposal to commit rebellion _
When the person who has decided to rise publicly
and take arms against the Gover_nroentfor any of the
purposes of rebellion proposes-it~ execution to some
other person or persons (REYES-,.Book Two, supra
at 121). - If the person who makes statements tending to incite
NOTE: Overt acts are not · necessary. Persons
merely agreeing and deciding among themselvesio
rise publicly and take arms against the Government
for the purpose mentioned in Art. 134; ·without-
actually rising publicly and taking arms against th·e
Government, or if they merely propose the
commission of said acts to other persons without
actually performing those overt acts under Art. 134,
they are already subject to punishment (People v.
Geronimo, G.R. No. L-8936, October 23, 1956).
in conspiracy with the rebels; otherwise, he himself
will ~lso be guilty of rebellion (Id. at_122-123).
ARTICLE 138
INCITING TO REBELLION
OR INSURRECTION
ELEMENTS: (DIM)
1. The offender Does not take up arms or is not in
open hostility against the Government;
2. He Incites others to the execution of any of the
acts of rebellion; and
3. The inciting is done by Means of speeches,
proclamations, writings, emblems, banners or
other representations tending to the same end
(REYES, Book Two, supra at 123).
REBELLION SHOULD NOT BE
In both proposal and inciting to commit rebellion, the
crime ofrebe!Hoh should not be actually committed
by the persons to whom it is proposed or who are
incited. If they commit rebellion because -of the
proposal or inciting, the proponent or the one inciting
may become a.principal by inducement in the crime
of rebellion (Id. at 124/
ACTS OR WORDS OF INCITEMENT
MUST HAVE BEEN PREMEDITATED
the ltsteners td rise to rebellion or sedition had that
original intent, it is inciting to rebellion or sedition;
' otherwise, it is simply disturbance of public order
(BOADO, sµpra at 469).
.
PROPOSAL TO COMMIT ' -
REBELLION AND INCITING TO
REBELLION, DISTINGUISHED

ARTICLE 137
DISLOYAL TY OF PUBLIC
OFFICERS OR EMPLOYEES
In both crimes, the offender induces another to
commit rebellion.
PUNISHABLE ACTS: (FOA)
1. failing to resist a rebellion by all means in their As to Offenders' Decision to Commit
power; Rebellion
2. Continuing to discharge the duties of their Office
under the control of the rebels; and The person who It is not required that
3. Accepting appointment to office under the rebels proposes has decided to the offender has
(REYES, Book Two, supra at 122). commit rebellion. decided to commit
rebellion.
NOTE: The offender must be a public officer or
employee. The crime presupposes the existence of

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I& \ I

MEM:Q~YAID
San Beda U.niversity College of Law •· RGCT Bar Operations Center

disturbance shall be deemed to be tumultuous if

caused by more than three persons who are armed
or provided with the means of violence" (REYES,
Book Two, supra at 127).

SEDITION AND TREASON,

The person who The act of inciting is . DISTINGUISHED
proposes the execution done publicly.
of the crime uses secret SEDtTION TREASON
means. (Art. 139} (Art. 114}
(REYES, Book Two, supra at 124). As to Concept

ARTICLE 139 In its more general In its more general

SEDITION sense, it is the raising of sense, it is the violation
commotions or by a subject of his
disturbances in the allegiance to his
ELEMENTS: (REM) State. sovereign.
1. The offenders Rise:
(U.S. v. Abad, G.R. No. L-976, October 22, 1902).
a. Publicly; and
b. Tumultuously;
SEDITION AND REBELLION,
NOTE: The offenders need not be private DISTINGUISHED
individuals (People v. Cabrera, G.R. No. b-
17748, March 4, 1922). SEDITION REBEl..l..lON
(Art. 139} (Al't 134}
2. They gmploy force, intimidation, or othermeans
outside of legal methods; and As to Manner of Commission
3. The offenders employ any of those Means to
Arms are not necessary. It is necessary that
attain any of the following objects: (PEIC-D)
It is enough that there is there be a public
a. To frevent the promulgation or execution of
a publicuprising ~nd the uprising and taking
any law or the holding of any popular
upri~jgg ~st~lJl;LJ~.ll,~- arms against the
election;
Government.
b. To prevent the government or ai:iy public
officer from freely gxercising its or his
functions, or prevent the execu.tion of any
Administrative Order;
c. To !nflict any act of hate or revenge upon the
person or property of any public officer or
employee;
d. To _g_ommit,for any political or social end,
any act of hate or revenge against private
persons or any social class; or l,thas for its purpose any 1. To remove from th~
e. To Qespoil, for any political or social end, of the objects allegiance to said
any person, municipality or province, or the enumerated in Art. 139. Government or the
National. Government of all its property or laws the territory of
any part thereof (REYES, Book Two, supra the Philippines or
at 125). any body of land,
naval or other armed
NATURE OF THE CRIME forces; or
It is a crime of dissent or protest by means outside · 2. To deprive the Chief
of legal methods (BOADO, supra at 449). Executive or
Congress of any of
their powers.
SEDITION CANNOT BE COMMITTED BY
ONE PERSON (REYES, Book Two, supra at 126-127).
Art. 139 states that "the crime of sedition is
committed by persons who rise publicly and
tumultuously." In Art. 153, the word "tumultuous" is
given a definite meaning. It says that "the

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PUBLIC UPRISING AND AN OBJECT OF
SEDITION MUST CONCUR
It is immaterial if the objective be completely
attained. Mere public uprising for any of the
objectives mentioned in Art. 139 is punishable.
However, public uprising and an object of sedition
must concur (People v. Mendoza, G.R. No. L-2371,
May 5, 1950).
COMMON CRIMES IN SEDITION
GENERAL RULE: Common crime~ are not
absorbed in sedition (People v. Umali, G.R. No. L-
5803, November 29, 1954).
EXCEPTION: Sedition . absorbs the unlawful
manufacture, sale, acquisition, disposition or
possession offirearms or ammunition or instruments
used or intended to be used in the manufacture of
firearms or ammunition (R.A. No. 8294, Sec. 1, Par.
4).
NOTE: Sec. 29 of R.A. No. 10591 did not include
sedition in the crimes which absorb use of loose
firearm.
ARTICLE 140
PENAL TY FORSEDl110N.
PERSONS LIABLE: ✓ the lawful authorities or disturb the peace of the
1. The .beader of the sedition; ahd
2. Other persons participating in the sedition
(REYES, Book Two, supra at 130).
ARTICLE 141
CONSPIRACY TO COMMIT SEDITrON ·
There must be an agreement and a decision to rise
publicly and tumultuously to attain any of the objects
of sedition (Id. at 131).
Only conspiracy to commit· sedition is punisllabte
and not proposal to commit sedition (Id.).
ARTICLE 142
INCITING TO SEDITION
PUNISHABLE ACTS: (ISLE)
1. !nciting others to commit sedition by means of
speeches, proclamations, writings, emblems,
cartoons, banners, or other representations
tending to the same end;
2. Uttering .§.editious words. or speeches which
tend to disturb the public peace;
3. Writing, publishing, or circulating scurrilous
.bibels against the Government or any of its duly
constituted authorities which tend .to disturb
public peace; and
4. Knowingly concealing such _svilpractices (Id. at
132).
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CRIMINAL LAW II
Criminai Law
Scurrilous
It means low, vulgar, mean, or foul (Id. at 134).
Knowingly concealing such evil practices
It is ordinarily an act of the accessory after the fact,
but under this provision, the act is treated and
punished as that of the principal (Id. at 135).
ELEMENTS OF ACT NO. 1: (NIM)
1. The offender does Not take direct part in the
crime of sedition;
2, He !ncites others to the accomplishment of any
of the acts which constitute sedition; and
3. The inciting is done by Means of speeches,
proclamations, writings, emblems, cartoons,
banners, or other representations tending to the
same end (Id. at 132).
ACTS NO. 2 & 3 PUNISHABLE WHEN:
(DOC-RS)
1. They tend to Qisturb or Qbstruct any lawful
officer in executing the functions of his office;
2. They tend to instigate others to Qaba.land meet
togetherJor unlawful purposes;
3. They suggest or incite Rebellious conspiracies
or riots; or
4. They lead or .tend to .§.tirup the people against
community, and the safety and order of the
Government (Id. at 134-135).
DISTURBANCE OR DISORDER, NOT
NECESSARY IN INCITING TO SEDITION
It is not necessary, in order to be seditious, that the
words used_should in fact result in a rising of the
people against-the constituted authorities (People v.
Nabong, G.R. No. L-36426, November 3, 1932).
RULES RELATIVE TO SEDITIOUS
WORDS:
1. Clear and Present Danger Rule
It is required that there must be reasonable
ground to believe that the danger apprehended
is imminent and that the evil to be prevented is
a serious one. There must be the serious injury
to the State (REYES, Book Two supra at 136-
137).
NOTE: "Present" refers to the time element. It
used to be identified with imminent and
immediate danger. The danger must not only be
probable but very likely inevitable (REYES,
Book Two, supra at 136).
The Supreme Court adheres to the Clear and
Present Danger Doctrine (ABS-CBN
Broadcasting Corp. v. COMELEC, G.R. No.
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MEM:Q:RY
Al D
San Beda University College of Law RGCT Bar Operations Center

133486, January 28, 2000). The Dangerous
Tendency Rule now commands little following
(Social Weather Stations, Inc. v. COMELEC,
G.R. No. 147571, May 5, 2001).
2. Dangerous Tendency Rule
There is inciting to sedition when the words
uttered or published could easily produce
disaffection among the people and a state of
feeling in them incompatible with a disposition to
remain loyal to the Government and obedient to
the laws (REYES, Book Two, supra at 137).
REASON WHY SEDITIOUS
UTTERANCES ARE PROHIBITED
If the State were compelled to wait until the
apprehended danger became certain, then its right
to protect itself would come into being
simultaneously with the overthrow of the
Government, when there would be neither
prosecuting officers nor courts for the enforcement
of the law (Git/ow v. New York, 268 U.S. 652, 1925).
will be complexed as a necessary means to commit
this crime (REGALADO, supra at 408).
ARTICLE 144
DISTURBANCE OF PROCEEDINGS
ELEMENTS: (CODI)
1. There be a meeting of fongress or any of its
committees or subcommittees, constitutional
commissions or committees or divisions thereof,
or any provincial board or city or municipal
council or board; and
2. The Offender does any of the following acts:
a. He Qisturbs any of such meetings; or
b. He behaves while in the presence of any
such bodies in such a manner as to interrupt
its proceedings or to !mpair the respect due
it (REYES, Book Two, supra at 141).
Disturbance of proceedings is not among those
which may be prosecuted de officio hence; the
complaint must be filed by a member of the
legislative body (REYES, Book Two, supra at 141).

Oisturbance,:t:.!reatedby a participant in the meeting

CHAPTER 1WO: is not cdvered,by Art. 144 (REYES, Book Two, supra
CRIMES AGAINST POPULAR at 119). ·

REPRESENTATION J"he same ,act may be made the basis for contempt
(ARTS. 143-145) since it is coercive in nature while the crime under
this Artic1e is punitl.ve (Lopez v. Delos Reyes, G.R.
No. 34361, fi/tJ1.i'1ffTJ;Qf!i'
5, 19'30).

SECTION ONE: -
CRIMES AGAINST LEGISLATIVE SECTION TWO: VIOLATION OF
BODIES AND SIMILAR BODIES .....
>
t10: ..pci:\.RLIAMENTARYIMMUNITY
S(' ,Cd:('+ "o •

ARTICLE 143 . ARTICLE 145

ACTS TENDING TO PREVENT THE VIOLATION OF PARLIAMENTARY
MEETING OF THE ASSEMBLY AND IMMUNITY
SIMILAR BODIES
PUNISHABLE ACTS: (UsA)
ELEMENTS: (PAFF) 1. Using force, intimidation, threats, or frauds to
1. There be a· frojected or Actual meeting of the prevent any member from: (ACE)
Congress or any of its committees· or a. Attending the meetings of Congress or any
subcommittees, constitutional -commissions or of its committees or subcommittees,
committees or divisi.ons thereof, or · of any constitutional commissJons or committees
provincial board or city or municipal council or or divisions thereof;
board; and b. fasting his vote; or
2. The offender, who may be any person, prevents c .. .!;_xpressing his opinions (REYES, Book
such meeting by Eorce or fraud (REYES, Book Two, supra at 142).
Two, supra at 139-140).
ELEMENTS: (U-PAEC)
Force referred to here is one that produces an injury 1. The offender _Mses force, intimidation,
on the person of another, and fraud involves threats or fraud; and
falsification. Thus, physical injuries and falsification

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174
0
NOTE: The offender in Par. 1 may be any
person.
2. The purpose of the offender is to frevent
any member of Congress from:
a. Attending the meetings of the Congress
or any of its .committees or constitutional
commissions, etc.;
b. gxpressing his opinions; or
c. fasting his vote (Id. at 142-143).
2. Arresting or searching any member while
Congress is in session, except in cases where
such member has committed a crime punishable
under the Code by a penalty higher than prision
correccional (Id. at 143).
ELEMENTS: (PASP)
1. The offender is a fublic officer or employee;
2. He Arrests or searches any member of
Congress;
3. The Congress, at the time of .arrest or
search, is in regular or special ~ession; .and
NOTE: Session refers to the entire period
from its initial convening until its final
adjournment (CRUZ, Philippine Political
Law, (2014), p.228-229).
4. That the member arrested or searched has
not committed a crime Punishable under the
Code by a penalty higherthan prisionmayor
(Id.).
It is not necessary that the member is actuaHy
prevented from exercising any of his ft.inctions. lt is
sufficient that Congress is in ,session ·and the
offender, in using force, intimidation, threatSc,.or
frauds, has the purpose to prevent a member of the
National Assembly from exercising any of such
· prerogatives (Id.).
Parliamentary immunity does not protect members
of Congress from responsibility before the legislative
body itself (Osmefia, Jr. v. Pendatun, G.R. No. L-
17144, October 28, 1960).
NOTE: Sec. 11, Art. VI of the 1987 Constitution
states that, "A Senator or Member of the House of
Representatives shall in all offenses punishable by
not more than. six (6) years imprisonment, be
privileged from arrest while Congress is in session"
while Art.145 of the RPC states "penalty higher than
prision mayor." To be consistent with the
Constitution, the Constitution should prevail
over Art. 145, and the Constitution says "six (6)
years," not prision mayor (6 years and 1 day to
12 years) (REYES, Book Two supra at 144).
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CRIMINAL LAW II
Criminal Law
CHAPTER THREE:
ILLEGAL ASSEMBLIES AND
ASSOCIATIONS
(ARTS. 146-147)
ARTICLE 146
ILLEGAL ASSEMBLIES
GRAVAMEN OF ILLEGAL ASSEMBLY
The gravamen of the offense is mere gathering for
the unlawful purpose relating to a crime under the
RPC. If the offense is punishable under special law,
illegal assembly is not committed (BOADO, supra at
455).
TWO KINDS OF ILLEGAL ASSEMBLIES:
1. Any meeting attended by armed persons
for the purpose of committing any of the
crimes punishable under the RPC;
REQUISITES (MAR):
a. There is a Meeting, gathering or group of
persons, whether in a fixed place or moving;
b. The meeting is attended by Armed persons;
and
NOTE: Not all the persons present at the
rneeting of the first form of illegal assembly
must be armed (REYES, Book Two, supra
at-146).
c. Th:epurpose of the meeting is to commit any -
of the crimes punishable under the RPC
(REYES, Book Two, supra at 123-124)~
Meeting
The word "meeting" shall be understood to
include a gathering or group, whether in a fixed
place or moving (Id. at 126).
NOTE: In the first kind of illegal assembly, the
meeting should be attended by "armed
persons." As to how many should be armed, the
law is silent. However, it is submitted that there
should be at least two because the law uses the
· plural form "persons" (Id. at 124-125).
2. Any meeting in which the audience,
whether armed or not, is incited to the
commission of the crime of treason,
rebellion or insurrection, sedition, or
assault upon a person in authority or his
agent. ·
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San Seda University College of Law • RGCT Bar Operations Center

REQUISITES: (MAN)
1st KIND OF 2No KIND OF
a. There is a Meeting, a gathering or group of .
ILLEGAi.. ASSEMBLY IL.LEGAL ASSEMBLY
persons, whether in a fixed place or moving;
and As to Purpose
b. The audience, whether Armed or !fat, is
incited to the commission of the crime of To commit any crime To commit the crime of
treason, rebellion or insurrection, sedition or punishable under the treason, rebellion or
direct assault. RPC insurrection, sedition or
assault upon a person in
It is necessary that the audience is actually authority or his agents
incited. If in the meeting the audience is incited
to the commission of rebellion or sedition, the (REYES, Book Two, supra at 146-148).
crimes committed are illegal assembly as
regards the organizers or leaders or persons ARTICLE 147
merely present and inciting to rebellion or ILLEGAL ASSOCIATIONS
sedition insofar as the one inciting them is
concerned (Id. at 145-146). PROHIBITED ASSOCIATIONS:
Associations totally or partially organized for:
PERSONS LIABLE: 1. The purpose of committing any of the crimes
1. The organizers or leaders of the meeting; and punishable under the RPC; or
2. Persons merely present at the meeting (Id. at 2. Some purpose contrary to public morals
147-148). (REYES, Book Two, supra at 152).

NOTE: The persons merely present at the PERSONS LIABLE:

meeting must have a common intent to commit
the felony of illegal assembly. The absence of ·-••
,1.,:':f~J?p~, directors, and presidents of the
such intent (e.g. presence is out of curiosity) assoeiation; and
may exempt the person present from criminal 2. Members:of the association (REYES, Book
liability (Id.). . Two, supra at 152).

In case there is no actual incitement, a person ILLEGAL ASSEMBLY AND ILLEGAL

invited to give a speech in an illegal assembly_or ASSO. ' ..IATl .N, DISTINGUISHED
meeting and incites the members of such
assembly is guilty of inciting to sedition pnly arid
not illegal assembly (Id.).

PRESUMPTIONS:
If any person carries an unlicensed firearm, it is
presumed that: It is necessary that It is not necessary that
1. The purpose of the meeting insofar as he is there is an actual there is an actual
concerned is to commit acts punishable under meeting or assembly of meeting.
the RPC; and armed persons for the
2. He is considered a leader or organizer of the purpose specified in Art.
meeting (RPG, Art. 146, Par. 2). 146.

NOTE: The law does not distinguish whether or not As to Act Penalized
the firearms are licensed or unlicensed. It only gives It is -the meeting and It is the act of forming or
a presumption if the firearm used is unlicensed.
attendance at such organizing and
meeting that are membership in the
1ST AND 2ND KIND OF ILLEGAL punished. - association that are
ASSEMBLY, DISTINGUISHED punished.
1st KIND OF 2No KIND OF
As to Persons Liable
ILLEGAL ASSEMBLY ILLEGAL ASSEMBLY
The persons liable are: The persons liable are:
As to Persons Attending 1. The organizers or 1. The founders,
leaders of the directors and
The persons attending The persons attending
meetings; and president; and
are armed persons. may be armed or not.
2. The persons 2. The members.

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CRIMINAL LAW II
Criminal Law

3. There is No public uprising (REYES, Book

11..1..EGAt.
ILLEGAi.. ASSEMBLY ASSOCIATION Two, supra at 155).
(Art. 146) (Art. 147) NOTE: The first mode is tantamount to rebellion
or sedition, without the element of public
present at the uprising (People v. Recto, G.R. No. 129069,
meeting. October 17, 2001).

As fo lilh:1rafion Offended party need not be a person in authority

or his agent; he may be a private individual if the
Organized for More or less of some object is to attain an object of sedition (RPG, Art.
temporary purposes duration and existence 139 Par. 4).

Asto Por~se 2. Without public uprising, by attacking, by

Held in connection with Even acts contrary to
employing force or seriously
crimes punishable public morals are intimidating or by seriously resisting any
under the RPC. included, thus may person in authority (PA} or agents of
include crimes persons in authority (APA}, while
punishable by special engaged in the performance of official
laws. duties, or on the occasion of such
{Id. at 152-153). performance.

NOTE: R.A. No. 1700, The Anti-Subversion Act was ELEMENT~: (0-PAT-KU)
repealed by RA. No. 7636, which was approved on 1. The Offender:
September 22, 1992. At present,.there ~nolawtnat a. Makes .:1nattack; or
punishes subversion (REYES, Book Two, supra at inclu<;les any offensive or
153). at)tagonistic movement or action of any
kinp (equivalent to aggression);

Even when PA or APA agrees to fight,

an attack made by accused constitutes
dirept assault, EXCEPT when the attack
is made.·infawful defense; the character
of .a person in authority or his agent is
not laid off at will but attaches to him
{mtil he ..:Ceasesto be in office (Justo v.
Court of Appeals, G.R. No. L-8611,
...June 28, 1956).

·NOTE: The word "attack" includes any

offensive or antagonistic movement or
·action of any kind (REYES, Book Two,
supra at 156).
ARTICLE 148
DIRECT ASSAULT b. Employs force.

TWO WAYS OF COMMITTING DIRECT Degree of force necessary:

i. If the victim is an APA, the violence,
ASSAULT:
intimidation, or resistance
1. Without public uprising, by employing employed by the offender must be
force or intimidation for the attainment of serious (U.S. v. Tabiana, G.R. No.
any of the purposes enumerated in L-11847, February 1, 1918).
defining the crimes of sedition and
rebellion; and ii. If the victim is a PA, the degree of
force employed against him is
ELEMENTS: (FAN) immaterial as the mere laying of
1. The offender .employs force or intimidation; hands on him is sufficient (U.S. v.
2. The aim of the offender is to Attain any of Gumban, G.R. No. L-13658,
the purposes of the crime of rebellion or any November 9, 1918).
_of the objects of the crime of sedition; and

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MEM✓Q~Y AID
San Beda University College of Law - RGCT Bar Operations Center
iii. Makes · a serious intimidation
(unlawful coercion, duress, putting
someone in fear, exertion of an
influence in the mind which must be
both immediate and serious); or
NOTE: The intimidation must
produce its effects immediately, for
if the threats be of some future evil,
the act would not be an assault
(REYES, Book Two, supra at 159).
iv. Makes a serious resistance (if not
serious, dangerous, grave, or
severe, crime committed may b,e
that under Art. 151 or resistance
and disobedience) (Mallari v.
People, G.R. No. 224679, February
12, 2020);
The resistance must be active, not
passive, because resistance here
must be grave (Id at 158).
NOTE: Intimidation or resistaflce .
must be serious whether the
offended party is a PA or an APA'
(Id. at 159).
2. The ferson AssgUlted is a person in
authority or his agent;
NOTE: In direct assaults, the victim is a
person in authority or his agent, and the
attack, employment of force orifflimi~tion is
committed on - the occasion of the
performance of official duties or byreason of
such performance of official dµties or .by
reason of such performance (Villanueva v.
Ortiz, G.R. No. L-15344, May 30, 1960).
3.. At the !inie of the assault the person in
authority or his agent:
a. Is engaged in the actual performance of
official duties; or
NOTE: Even when the agent of a
person in authority agrees to ,fight, the
attack made by the accused constitutes
direct assault, because the character of
a person in authority or his agent is not
assumed or laid off at will, but attaches
to him until he ceases to be in office.
However, if the complaining official had
been the one who issued the challenge
to fight, he disr~bed himself of the
mantle of authority and waived the
privilege of protection as a person in
authority (Justo v. Court of Appeals,
G.R. No.L-8611, June 28, 1956).
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Offender and offended party are both
persons in authority ortheir agents.
An assault upon a person in authority
may be committed by another person in
authority as Art. 148 makes it an
aggravating circumstance when the
offender is a "public officer or
employee." However, there can be no
assault upon or disobedience to one
authority by another when they both
contend in the exercise of their
respective duties (REYES, Book Two,
supra at 168).
When considered not in the actual
performance of official duties:
1. When the PA or APA exceeds his
powers or acts without authority;
2. Unnecessary use of force or
violence; or
3. Descended to matters which are
private in nature (REYES, Book
Two, supra at 167-168).
! ); . l:>..:ftiat he is assaulted by reason of ·the
'<;1,S,,"\ji:S 0,'~~,o-<;\> o"(> o" •
·.·.•··•.•
....
·.~st performance of his official duties;-
NO"fE:
Even if at the very time of the
a~sault no official duty was being
discharged, the crime may be of direct
assauf\ (Justo v. Court of Appeals, G.R.
1:ffii:Jh:l.}~
..:11, June 28, 1956).
:,,.',''.'~:
,
Illustration: A justice of the peace was
on the street and on his way home when
he was attac'5ed by the accused. The
' former was not in the performance of his
duty but the accused assaulted him by
reason of the performance of his duty,
that is, his sending out the accused to
preserve the decorum in his court
(REYES, Book Two, supra at 171).
4. The offender .tS,nowsthat the one he is
assaulting is a person in authority or his
agent in the exercise of his duties; and
NOTE: The accused should know that the
victim is a person in authority or his agent,
that is, that the accused must have the
intention to offend, injure or assault the
offended party as a person in authority or
an agent of a person in authority (People v.
Abalos, G.R. No. 88189, July 9, 1996). For
teachers, professors, and persons charged
with the supervision of public or duly
recognized private schools, colleges and
universities, their status as a person in
authority being a matter of law and not of
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fact, ignorance thereof could not excuse the
accused (People v. Ba/bar, G.R. Nos. L-
20216-17, November 29, 1967).
5. There is no public !,!prising (Id. at 132).
NOTE: Direct assault cannot be committed
in times of rebellion or sedition because Art.
148 requires that the assault be "without a
public uprising" (People v. Abalos, G.R. No.
88189, July 9, 1996).
TWO KINDS OF DIRECT ASSAULT OF
THE SECOND FORM:
1. Simple assault; and
2. Qualified assault.
QUALIFIED ASSAULT
Direct assault is qualified when:
1. Committed with a weapon;
2. Offender is a public officer or employee; or
3. Offender lays hands upon a pe,rsonin authority
(Id. at 174).
MOTIVE, WHEN IMPORT ANT ./
GENERAL RULE: If the PNor AP/:t is engaged in
the actual performance of duties. at the time of. the
assault, the motive for the assaJJt is in,material.
Direct assault is committed even if the motive was
totally foreign to the victim's : officiaf •\functio_n
(Sarcepuedes v. People, GrR. f'(o.r,L-3857;·.0ctober
22, 1951). . :1 '· ..· •
EXCEPTION: Evidence of motive of &e offender is.
important when the person in 'a.uthority'\fA) or .fl.is
agent (APA) who is attacked or se.riously iri · idated '
is· not in the actual performance df·his ¢ficia -;..
(REYES, Book Two, supra at 172).
Where injuries were inflicted on a person in a~tl,~.
who was not then in the actual performance of his
official duties, the motive of the offender assumes
importance because if.the attack was by reason of
the previous performance of official duties by the
person in authority, the crime would be Direct
Assault; otherwise, it would only be Physical Injuries
(People v. Puno, G.R. No. 97471, February 17,
1993)
COMPLEX CRIME OF DIRECT ASSAULT
WITH MURDER/HOMICIDE
When the assault resulfs in the killing of an agent or
of a person in authority for that matter, there arises
the complex crime of Direct Assault with murder or
homicide (People v. Vidal, G.R. No. 229678, June
20, 2018).
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CRIMINAL LAW II
Criminal Law
COMPLEX CRIME OF DIRECT ASSAULT
WITH SERIOUS/LESS SERIOUS
P,HYSICAL INJURIES
If direct assault is committed and the PA or APA
suffers serious or less serious physical injuries, the
crime shall be a complex crime or direct assaultwith
serious or less serious physical injuries (REYES,
Book Two, supra at 174).
NOTE: The crime of slight physical injuries is
absorbed in direct assault, as . the same is the
necessary consequence of the force or violence
inherent in all kinds of assault (People v. Acierto,
G.R. No. 36595, November 28, 1932).
"In the performance of his duties or on the occasion
thereof' requires the legitimate exercise of the PA or
APA. The duties must be performed according to
law. (People v. Yosoya, C.A. G.R. No. 8522-R, May
26, 1955). Hence, there is no direct assault if the
• ~tim w~s qpt "engaged in the performance of his
..official duties•: . nor "on the occasion of such
perfomiance" (Pepple v. Recto, G.R. No. 129069,
Octol;)er 1.7,.2001J:
There can b);.
n&
as~ault upon or disobedience to
one authority by.arfottier when the offender and the
offerided party t>oth cogtend in the exercise of their
respective duties (REYfiS, Book Two, supra at 168).
· j AR"'flCLE 149
l i. INPTRECT ASSAULT
j. 1.or
A;:P~ APA i~t~e~i~tim of any of the forms of
~ct ~~~.ul~.defmed in Art. 148;
.rt.:··~
pe.[spn comes to the Aid of the APA; and
. \. '':
·.:··,.~ . .
.'rio::rE:
The offended party in indirect assault may
be a private person (REYES, Book Two, supra at
176).
3. The offender makes Y.se of force or intimidation
upon such person coming to the aid of the APA
(Id. at 175)
NOTE: Indirect assault can be committed only when
a direct assault is also committed (Id. at 176).
Under Art. 149, it was formerly required that (a)
direct assault is being committed against a PA or an
APA; and (b} a third party comes to the aid of the
victim by virtue of the latter's order or request (U.S.
v. Fortaleza, G.R. Na. 4596, January 13, 1909).
However, because of the amendment of Art. 152 by
R.A. No. 1978, a priv13teindividual coming to the aid
of a PA is himself deemed an APA. Thus, the rules
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San Seda University College of Law - RGCTBar Operations Center
are:
1. If the victim is a PA who is the subject of a direct
assault, and the 3rd person coming to his aid
(who then becomes an APA) is likewise
attacked, the crime committed against the 3 rd
person will be direct assault,. resistance or
disobedience depending on the degree of force
or violence used by the offender.
2. If the victim is an APA, it depends:
a. If direct assault is being committed against
the APA, the attack against the 3 rd person
will constitute indirect assault;
b. If only resistance or disobedience is being
committed against the agent, the attack
against the 3rd person is either physical
injuries or coercion as the case may be
(REGALADO, supra at 416-417).
ARTICLE 150
DISOBEDIENCE TO SUMMONS ISSUED
BY THE NATIONAL ASSEMBLY, ITS
COMMITTEES OR SUBCOMMITTEES,
BY THE CONSTITUTIONAL
COMMISSION, ITS COMMITTEES,
SUBCOMMITTEE OR DIVISIONS
PUNISHABLE ACTS: (Su-SAWI)
1. Refusing, without legal excuse, to obey
Summons of Congress, or any commiSsion or
committee chairman or member authorized to
summon witnesses;
2. Refusing to be §.worn or placed under
affirmation while before such,, .legislative or
constitutional body or official; ·
3. Refusing to ~nswer any legal inquiry or to
produce any books; papers, . documents,. 9r
records in his possession, when r.equired by
them to do so in the exercise of their fu~s;
4. Restraining another from attending as a Witness
in such legislative or constitutional body; and
5. !nducing disobedience to summons or refusal to
be sworn by any such body or official (REYES,
Book Two, supra at 177).
Examples of refusal with legal excuse:
1. When the testimony is self-incriminating (Arnault
v. Nazareno, G.R. No. L-3820, July 18, 1950);
2. When the person summoned is compelled to be
a witness against himself (Uy Kheytin v.
Villareal, G.R. No. 16009, September 21, 1920).
Testimony of person summoned must relate to
matters in the exercise of their functions; hence, it
should be "in aid of legislation" or on matters within
the jurisdiction of Congress to inquire (REYES, Book
Two, supra at 178).
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- Any of the acts punished herein may also constitute
contempt (Arnault v. Nazareno, G.R. No. L-3820,
July 18, 1950).
REASON FOR THE PROVISIONS OF
ART. 150 AND THE POWER OF
CONTEMPT
A legislative body cannot legislate wisely or
effectively in the absence of information respecting
the conditions which the legislations are intended to
affect or change.
Mere requests for such information are often
unavailing, and also that _iriformation which is
volunteered is not always accurate or complete; so
some means of compulsion is essential to obtain
what is needed through the power of contempt
during legislative inquiry (Balag v. Senate of the
Philippines, G.R. No. 234608, July 3, 2018).
ARTICLE 151
RESISTANCE & DISOBEDIENCE TO A
PERSON IN AUTHORITY OR THE
, ;L'~L%.~ A~TS OF SUCH PERSON
ELEMENT4 OF RESISTANCE &
SERIOU$ 1;)1$OBEDIENCE:(ERA)
1. A PA .e>rhis ff'A is gngaged in the performance
of oflcialf du~. or gives a lawful order to the
,oo • J;
)./Jj.,
2. fists or seriously disobeys such
person ority or his agent; and
The ~ct of the offender is not included in the
rovisions of Arts. 148-150 (REYES, Book Two,
180).
ELEMENTS OF SIMPLE
DISOBEDIENCE: (ED-Not)
1. An APA is gngaged in the performance of
official duty or gives a lawful order to the
offender;
2. The offender Qisobeys such APA; and
3. Such disobedience is Not of a serious nature
(Id. at 182-183).
The disobedience contemplated consists in the
failure or refusal to obey a direct order from the PA
or APA (U.S. v. Ramayrat, G.R. No. 6874, March 8,
1912).
Before a person can be held guilty of the crime of
-resistance or disobedience to a person in authority,
it must be shown beyond reasonable doubt that the
accused knew that the person he disobeyed or
resisted is a person in authority or the agent of such
person who is actually engaged in the performance
of his official duties (People v. Breis y Alvarado ,
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G.R. No. 205823, August 17, 2015 citing Vytiaco v.

Court of Appeals, G.R. Nos. L-20246, April 24 1967). ARTICLE 152
PERSONS IN AUTHORITY & AGENTS
"SHALL RESIST OR SERIOUSLY OF PERSONS IN AUTHORITY
DISOBEY"
The word "seriously" is not used to describe
resistance, because if the offender seriously resisted
PUBLIC OFFICER (PO)
a person in authority or his agent, the crime is direct Any person who takes· part in the performance of
assault (REYES, Book Two, supra at 186). public functions in the government (RPG, Art 203).

DIRECT ASSAULT AND RESISTANCE, PERSON IN AUTHORITY (PA)

DISTINGUISHED Any person directly v:ested with jurisdiction, whether
as an individual or as a member of some court or
DIRECT ASSAI.U..T RESIS:JANCE governmental corporation, board or commission
('Art.1MJ) ('Ari 151) (RPG, Art. 152, Par. 1).
As to When Committed A Person in Authority is one directly vested
with jurisdiction
Either when the PA or Only in actual
By "directly vested with jurisdiction" means the
APA is in the actual performance of duties
power and authority to govern and execute the laws
performance of official or gives lawful order to
(REYES, Book Two, supra at 187).
duty or by reason thereof the offender

As to Force. Employed AGENT OF A PERSON IN AUTHORITY

(APA)
Force employed is Use of force is not so Any person who, by direct provision of law or by
serious as there is a serious as there is no election or by appointment by competent authority,
manifest intent to defy manifest intent to defy is charged with the maintenance of public order and
the law and its enforcers. the law and i'ts the protection and security of life and property (RPG,
enforcers. , Art. 152, Par. 2). ·
As to Whether Deliberate or Not
Tobe an Agent of a Person in Authority, one
must be charged with: ·
Attack or employment of Attack· or employment
force is deliberate. of force is not 1. The maintenance of public order; and
deliberate. 2. The protection and security of life and property
(Id. at 188).
As to Bow Committed
Examples of Agent of a Person in Authority:
1. By attacking; By resisting or 1.· Policeman or a constabulary soldier (REYES,
2. By employing force; seriously disobeying a Book_Two, supra at 188);
3. By seriously PA or APA 2. Municipal treasurer (Id.);
intimidating; or 3. Barangay Councilman (AMURAO, Book Two,
4. By seriously supra at 242);
resisting a person in 4. Barangay Tanod (Id.).
authority or his
agent NOTE: Security guards are not included for they are
not public officials {BOADO, supra at 462).
(Id. at 185).

NOTE: The distinction between an assault and a OTHER EXAMPLES OF PERSONS IN

resistance to agents of authority lies largely in the
amount of the force employed in each case, and that
a sudden blow given to a policeman while engaged
in effecting an arrest does not constitute that
employment of force which is punishable as assault
(Samar v. People, G.R. No. 224679, February 12,
2020).
AUTHORITY:
1. Municipal mayor (U.S. v. Gumban, G.R. No.
13658, November 9, 1918);
2. Municipal Councilor (REYES, Book Two, supra
at 188);
3. Division superintendent of Schools (People v.
_Benitez, G.R. No. 48396, September 11, 1949);
4. Director of posts (People v. Acierto, G.R. No.
36595, November 28, 1932);
5. Teacher-Nurse (Sarcepuedes v. People, G.R.

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No. L-3857, October 22, 1951);

6. Members of People's Law Enforcement Board
(PLEB) (Rufe 11, Sec. 3, Par. 4 of NPC ·
Memorandum Circular No. 001-2007);
7. Teachers, l13wyers, and heads of schools
· recognized by the government are PA solely for
purposes of Article 148 and 151 and in
connection with their duties. Outside of this, they
are not considered PA (BOADO, supra at 462).
8. The Punong Barangay, Sangguniang Barangay
members, · and members of the Lupong
Tagapamayapa in each barangay are deemed
as persons in authority in their jurisdictions (Del
Castillo v. People, G.R. No. 185128, ·January 30,
2012).
9. Lawyers in the actual performance of their
professional duties or on the occasion of such
performance shall be deemed persons in
authority (Conquifla v. Bernardo, A.M. Na. MTJ-
09-1737, February 9, 2011).
10. Postmaster (People v. Acierto, G.R. No. 36595,
November 28, 1932);
11. A person who comes to the Aid of a person i.n
authority on the occasion of a direct assault
committed against the latter (People v. Recto,
G.R. No. 129069, October 17, 2001);
12. President of Sanitary Division (People v.
Quebral, G.R. No. 47956, August 5, 1942);
13. Sheriff (People v. Hernandez, G.R. Nos. 39840,
December 23, 1933);
· 14. Municipal Treasurer (People v. Ramos, G.R. No.
. 36756, November 4, 1932);
15. Any person who comes to the aid of a person in
authority may be considered as an agent of a
person in authority (RPG, Art. 152, Par. 2); and·
16. A barrio councilman, barrio policeman and
barangay leader shall be deemed an APA(RPC,
Art. 152, Par. 2).
CHAPTER FIVE:
PlJBLIC DISORDERS
(ARTS. 153-156)
2. !nterrupting or disturbing public
performances, functions or gatherings,
or peaceful meetings, if the act is not
included in Arts. 131-132;
3. Making an Outcry tending to incite
rebellion or sedition in any meeting,
association or public place;
Outcry
It means to shout subversive or provocative
words tending to stir up the people so as to
obtain by means of force or violence any of the
objects of rebellion or sedition. The outcry must
be spontaneous; otherwise it would be the same
as inciting to rebellion or sedition (REYES, Book
Two, supra at 192).
NOTE: If outcry was premeditated to incite, the
crime committed is inciting to rebellion or
sedition (RPG, Art. 138).
4. Displaying placards or Emblems which
provoke a disturbance of public order in
.• StJCl;Ip,~ce;and
5. Buryfttg;v.,ithpomp the body of a person
who has· been legally executed (REYES,
Book Two, supra at 191).
NOTE: "legally" means that the offender as
imposed the death penalty, the conviction was
affifl'l'!~,withfn:iality by the Supreme Court and
the cdnVtel ·was executed. This is penalized
because by so burying with pomp a person
legally executed, it shows the defiant attitude of
ltle :0#enders and their lack of respect for the
rule of law. However, RA 9346 had prohibited
the imposition of the death penalty; thus this
crime can no longer be committed (BOADO,
supra at 469).
OUTCRY AS INCITING TO REBELLION
OR INCITING TO SEDITION AND
PUBLIC DISORDER, DISTINGUISHED

ARTICLE 153
TUMULTS & OTHER DISTURBANCES
OF PUBLIC ORDER

PUNlSHABLE ACTS: (PIO-EmBu) The outcry or The outcry is more or

1. Causing any serious disturbance iri a displaying of emblems less unconscious
fublic place, office or establishment; or placards should outburst which,
have been done with although rebellious or
NOTE: If the disturbance is slight, the crime the idea aforethought · seditious in nature, is
committed is alarms arid scandal under Article of inducing his hearers not intentionally
155 (II CAMPANILLA, Reviewer, supra at 93). or readers to commit calculated to induce

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INCITING TO
SEDITION OR PUBLIC DISORDER
REBELLION (Art. 153)
(Arts. 142 & 138)
the crime of rebellion or others to commit
sedition. rebellion or sedition.
As to Treatment of the Meeting
At the outset, the At the outset, the
meeting is unlawful. · meeting is lawful but
becomes unlawful after
the outburst described
above.
(REYES, Book 2, supra at 192-193).
The penalty next higher in degree shall be imposed
upon persons causing any disturbance or
interruption of a tumultuous character (RPp 1 Art.
153, Par. 2).
It is tumultuous if caused by more than thr-eepei;sons
who are armed or provided with Jhe '.m~ans of
violence (RPG, Art. 153, Par.,3). Ho\\'ever, fhis is
only a presumption juris tanftJt:n, -hence if the
disturbance is in fact tumultuous it i$immaterial that
there are no such armed persons. Conversefy ff the
gathering is not in fact tumultuoos, it does 11otmatter
if there are such armed perso11s present on that
occasion (REGALADO, supra at 4i3).
If the act of disturbing or interropfit,g a meeftng or
religious ceremony is not commi\ed by public
officers, or if committed by public officers they qre
participants therein, Art. 153 shovld be applied. If the
person who disturbs or interrupts the rTJ~ting or
religious worship is a public officer NOT parti~ipattng
in the meeting or religious worship, he shatlbe liable
urider Art. 131 or 132 (REYE$, Book Two,,~upra at
192).
Tumults and other disturbances can be complexed
with direct assault if the tumults and disturbances of
public order are directed against a PA or APA
(Villanueva v. Ortiz, G.R. No. L-15344, May 30,
1960).
ARTICLE 154
UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL
UTTERANCES
PUNISHABLE ACTS: (FEM-Bear)
1. Publishing or causing to be published,
by means of printing, lithography or any
other means of publication, as news any
f.alse news which may endanger the
public order, or cause damage to the
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interest or credit of the State;
NOTE: Offender must know that the news is
false (REYES, Book Two, supra at 195).
2. .!;_ncouraging<fisobedienceto the law or
to the constituted authorities or by
praising, justifying or extolling any act
punished by law, by the same means or
by words, utterances or:_speeches;
NOTE: The act of the offender of encouraging
disobedience to the law or the authorities
punishable under this paragraph is different from
inciting-to sedition which requires that the people
rise publicly (REYES, Book Two, supra at 111).
3. Maliciously publishing or causing to be
published any official resolution or
document without authority, or before
they have been published officially; and
4. Printing,· publishing or distributing {or
causing' the. same) books, pamphlets,
·l)'eriodisal~,drleaflets which do not Bear
the real; printer's name, or which are
cla9,sifiecfas inonymous (REYES, Book
Two1 supra pt"191)-
NOTE: If the Printer/owner of the printing
establishment took part in the preparation and
publjcation of tl;l8 Ybelous writings he shall be
_lfable undet Art. 360 (Fermin v. People, G.R.
No. 157643, March c
20,2008).
Actual p1,1bficdisor~r or actual damage to the credit
of the State.is not necessary. The mere possibility of
causing such damage is sufficient (REYES, Book
Tw0, supra el 195).
The }9"f-inting, reproduction or republication of
goVernment · publications and official documents
without previous authqrity is prohibited (R.A. No.
248).
If the publication is both obscene a,nd anonymous,
the offenses cannot be complexed as, they involve
different acts separately punished under this Article
and Art. 201 on obscene publications (REGALADO,
supra at 425).
ARTICLE 155
ALARMS & SCANDALS
PUNISHABLE ACTS: (DIWA)
1. Discharging any firearrn, rocket,
firecracker, or other explosive within any
town or public place, which produces
alarm or danger;
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NOTE: The discharge of the firearm should not

Act Crime Committed
be directed at a person. Otherwise, the offense
committed would be Discharge of Firearms Firearm is discharged and Attempted or
under Art. 254 (REYES, Book Two, supra at is pointed to a particular frustrated homicide,
196). person with the offender murder, parricide, or
having in mind the infanticide, as the
It is the result, not the intent that counts. The act intention to kill the case may be.
must produce alarm or danger as a offended party.
consequence.
(2 PALA TTAO, The Revised Penal Code Made Easy
The discharge may take place within one's own (2012), p. 1.03-104). .
garden or yard located in town, since the law
does not distinguish as to where iri town (Id.). ALARMS AND SCANDALS AND
DISCHARGE OF FIREARMS,
The discharge of firecrackers and rockets during DISTINGUISHED
fiestas and festivals are not covered by the law
(Id.).

2. !nstigating or taking an active part in any

charivari or other disorderly meeting
offensive to another or prejudicial to
public tranquility;
Charivari includes a medley of discordant
voices, a mock serenade of discordant noises
made on kettles, tins, horns, etc. designed to
annoy or insult.

The reason for punishing instigating or taking

active part in charivari and other·· dis~rderly
meeting is to prevent more serious disorders.

3. Disturbing the publ~ p~acit: whUe

Wandering about at hight or; ·whii..
engaged in any other n&turnal ·
amusements; and
4. Causing Any disturbance or !i~~al in oriquez, G.R. Nos. L-24444-45, July 29,
public places while intox~ated .. or
otherwise, provided Art. 151, is. not
applicable (REYES, Book Two, supra.$t·if 96). ARTICLE 156
NOTE: If the disturbance is of a serious nature, the DELIVERING PRISONERS FROM JAIL
case will fall under Art. 153 (Id. at 168).
ELEMENTS: (ACR)
ACTS WITH FIREARMS AND 1. Committed by A_nyperson, ordinarily an
CORRESPONDING CRIME COMMITTED outsider"
2. There is a person ~onfined in a jail or penal
Act Crime Committed establishment;
3. The offender Removes therefrom such person,
Firearm is fired or Alarms. and Scandal
or helps the escape of such person (REYES,
discharged and is not (RPG, Art. 155).
Bool( Two, supra at-198).
pointed to a particular
person.
TWO WAYS OF COMMITTING:
Firearm is discharged and Illegal discharge •Of 1. Removing a prisoner confined in jail or
is pointed to a particular firearm (RPG, Art. penal institution
person but the offender 254). to take away a person from confinement
has no intention with or without the active participation of the
whatsoever to kill the person released; or
person.

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2. Helping said person to escape
to furnish material means to facilitate
escape (Alberto v. De la Cruz, G.R. No. L-
31839, June 30,-1980).
The prisoner may be a detention prisoner or one
sentenced by virtue of a final judgment (REYES,
Book Two, supra at 198).
This article applies even if the prisoner is in the
hospital or asylum when he is removed or when the
offender helps his escape,·because it is considered
as an extension of the penal institution (Id.).
If the offender is a public officer who is actually and
presently in custody or charge of the prisoner, (e.g.
a guard on duty) he is liable for infidelity in the
custody of a prisoner under Art. 223 (Id. at 199).
NOTE: If the offender is an off-duty jail guard he.Jnay
be liable for delivering prisoners from jail '(FfEYES,
Book Two, supra at 199).
If the crime committed by the prisooer for )which he
is confined or serving sentenc1;1'.l~tr~a~~. JlltlTOer,
or parricide, the act of taking the plac~ of the
prisoner in prison is that of afl acceS$ory under Art.
19, Par. 3, because he assists in th~ escape of the
at
principal (Id. 209):
r O i 2011202).
LIABILITY OF THE PRISONER WKO
ESCAPES:
1. If a detention ·prisoner, h~ ·isinof~rimfnaHy.hijble.
2. If a convict by final judgment, l\e is liabfei for
evasion of service of his :sentende (RPC, Art.
157).
QUALIFYING CIRCUMSTANCES: If delt~~ring
prisoners from jail is committed by m~ns of
violence, intimidation or bribery, the penaltyishigher
(REYES, Book Two, supra at 199).
MITIGATING CIRCUMSTANCE: If the escape of the
prisoner takes place outside jail or penal
establishment by taking the guards by surprise
As long as he continues to evade the service of his
sentence, he is deemed to continue committing the
crime, and may be arrested without warrant, at any
place where he may be found (Parulan v. Director of
Prisons, G.R. No. L-28519, February 17, 1968).
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CHAPTER SIX:
EVASION OF SERVICE OF
SENTENCE
(ARTS. 157-159)
ARTICLE 157
EVASION OF SERVICE OF SENTENCE
ELEMENTS: (Con-SE)
1. The offender is a Convict by final judgment;
NOTE: If th'e accused escaped while the
sentence bf conviction was under appeal, he. is
.not liable under Art. 157, the judgment not
havtng become final, and this is true even if his
appeal was l.ater dismissed because he had
~SC,:\ped(Curiano v. Court if First Instance, G.R.
No:.L-8104, ¾!ril 15, 1955).
2. He is §.ervtng his sentence, which consists in
deprivation of liberty; and
3.. He fvades .tbe ~ervice of his sentence Qy
escaping cjUringth~ term of his sentence (Id. at
.QUALIFYJNGcn~<:;UMSTANCES:.
If such evasion or escc:i>etakes place:
1., By mean~ of unlawful entry (this should be "by
scaling'');
2. By breaking dqors, windows, gates, walls, roofs
o,~fk5of~; , ·· .
3 .•.: By usintfpicklocks, false keys, disguise, deceit,
yic>lent'.:~(orintimidation; or ·
•4'.· fhrodgh connivance with other convicts or
employees of the penal institution (Id. at 204-
205).
THE FOLLOWING CANNOT COMMIT
EVASION OF SERVICE OF SENTENCE:
1. Accused who escapes during appeal or a
detention prisoner (Curiano v. Court of First
Instance, G.R. No. L-8104, April 15, 1955);
2. Minor delinquents (P.O. No. 603; Art. 192); and
3. Deportees (People v. Loo Hoe, G.R. No. 12473,
September 18, 1917).
If the accused escaped while the sentence· of
conviction was under appeal, he is not liable under
Art. 157, the judgment not having become final, and
this is true even if his appeal was later dismissed
because he had escaped (Curiano v. Court of First
Instance, G.R. No. L-8104, April 15, 1955).
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Persons convicted under this Article are disqualified
from the benefits of the Indeterminate Sentence Law
(Act No. 1403, as amended by Act No. 4225 and
R.A. No. 4203, Sec. 2).
Escape
Unlawful departure of a prisoner from the limits of his
custody (Del Castillo v. Torrecampo, G.R. No.
139033, December 18, 2002).
EVASION OF DESTIERRO
GENERAL RULE: Possible under ordinary
circumstances since Art. 157 refers to any penalty
involving deprivation of liberty.
A person under sentence of destierro is suffering
deprivation of his liberty and escapes from the .
,restrictions of the penalty when he enters the
prohibited area (People v. Samonte, G.R. No.
36559, July 26, 1932).
EXCEPTIONS:
1. There can be no evasion of the sentence of
destierro in the case of evasion during a
catastrophe or a mutiny (RPG, Art. 159).
2. There can be no evasion of the senten.ce of
destierro by violating a conditional pardon (RPG,
Art. 159) (REGALADO, supra at 431).
The compelling necessity for funds cannot outweigh
considerations of respect for a final judgment, and is
not one of the exemptions from criminal liability
(REYES, Book Two supra at 204).
While the sentence is executed by deportation of the
alien and after three months, the alien returns to the
Philippines, he cannot be held liable for evasion of ,
service of sentence because the alien wa~. not
sentenced to imprisonment and thereafter broke the
jail (People v. Loo Hoe, G.R. No. 12473, September
18, 1917).
A prisoner who escapes from penal institution may
be rearrested without warrant (RULES OF COURT,
RULE 113, Sec. 5, Par. c).
EVASION OF SERVICE OF SENTENCE IS
A CONTINUING OFFENSE
As long as he continues to evade the service of his
sentence, he is deemed to continue committing the
crime, and may be arrested without warrant, at any
place where he may be found (Parulan v. Director of
Prisons, G.R. No. L-28519, February 17, 1968).
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ARTICLE 158
EVASION OF SERVICE OF SENTENCE
ON THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES,
OR OTHER CALAMITIES
ELEMENTS: {CoD-LeaF48)
1. The offender is a Convict by final judgment,
when confined in a penal institution;
2. There is Qisorder, resulting from: (MEECS)
a. Mutiny iri which he has not participated;
NOTE: Mutiny is the unlawful resistance to
a superior, or the raising of commotions and
disturbances on board a ship against the
authority of its commander (Bouvier's Law
Dictionary, Vol. 2, p. 2283).
b. garthquake;
c. gxplosion;
d. ~onflagration; or
e. Similar catastrophe.
3. The offender Leaves the penal instituti.on where
he is cQMned, on the occasion of such disorder
<5rdur:lng(he mutiny; and
The offeriqer ,Eails to give himself up to the
authorities ·· within 48 hours following the
issuance . of a proclamation by the Chief
Execvtive an111.ouncing the passing away of such
calamity (REYES, Book Two, supra at 205-206).
What \s.~~.lii{: 1
not the act of leaving the penal
institution, our the failure of the convict to give
himself up to the authorities within forty-eight (48)
fter the proclamation announcing the passing
· ,calamity (Id. at 207). ·
If the offender fails to give himself up, he shall suffer
an increase of one-fifth (1/5) of the time still
remaining to be served under the original sentence,
which shall -not exceed 6 months. If the offender
gives himself up, he is entitled to a deduction of one-
fifth (1/5) of his original sentence. If prisoner chose
to stay in the place of confinement notwithstanding
the existence of calamity or catastrophe, he is
entitled to a deduction of two-fifths of the period of
his sentence (RPG, Art. 98, as amended by R.A. No.
10592).
ARTICLE 159
OTHER CASES OF EVASION OF
SENTENCE {CONDITIONAL PARDON)
ELEMENTS: (Con-GV)
1. The offender was a Convict;
2. He was Granted a conditional pardon by the
Chief Executive; and
3. He Y:iolated any of the conditions of such pardon
(REYES, Book Two, supra at 209).
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offenses punishable by special laws (People v.

15 VIOLATION OF CONDITIONAL Corral, G.R. No. 48938, September 27, 1943).
PARDON A DISTINCT CRIME?
Violation of conditional crime is a distinct crime and
There are two views:
if committed in a different place from where the first
1. One is expressed in People v. Jose (G.R. No. L-
crime was committed, the former shall be the place
22, December 20, 1945) which states that it is
where the convict should be prosecuted (People v.
not a distinct crime, since the penalty is only the
Martin, G.R. No. 46432, May 17, 1939).
recommitment of the convict to serve the portion
of the sentence remitted by the pardon; hence it
Offender must be found guilty of the subsequent
is only a continuation of the original case.
offense before he can be prosecuted under Art
2. The other view which is the more logical one is
159.The court cannot require the convict to serve the
expressed in P~ople v. Martin (G.R. No. 46432,
unexpired portion of the original sentence if it does
May 17, 1939) which states that since the code
not exceed six (6) years; the remedy is left to the
imposes a specific ·penalty of prision
President who has the authority to recommit him to
correccional in its minimum period if the
serve the unexpired portion of his original sentence
unserved portion is less than six (6) years; it is
(REYES, Book Two, supra at 211).
therefore a distinct crime.
The period when the convict was at liberty is not
NOTE: Violation of conditional pardon is not a
deducted in case he is recommitted (People v.
substantive offense if the penalty remitted is more
Tape!, G.R. No. 45391, February 17, 1937).
than 6 years (6 years and 1 day and more) since the
pardonee is merely made to serve thebalance of the
penalty for the crime for which he was pardoned. But VIOLATION OF CONDITIONAL PARDON
if the penalty remitted is 6 years or less it is a AND EVASION OF SERVICE OF
a
substantive offense for there is new penalty for the SENTENCE, DISTINGUISHED
violation (BOADO, supra at475).
Violation of Evasion of Service of
Conditional Pardon Sentence
NATURE OF A CONDITIONAL PARDON (Art. 159) (Art. 157)
It is a contract between the sovereign power or the
Chief Executive and the convicted criminal to the Infringes the terms ··at Defeats the purpose of
effect that the former will release the latter subject to the contract between the law of either
the condition that if he does not comply with the the Chief Exect:rti\k reforming or punishing
terms of the pardon, he will be recommitted to prison and the criminal the criminal
to serve the unexpired portion of the sentence or an
additional one. By the pardonee's consent to the Ooes not affect public Disturbs public order
terms stipulated in this contract, the pardonee has order .
thereby placed himself under the supervision of the (Alva~ez, v.,Director of Prisons, G.R. No. L-1809,
Chief Executive or his delegate who is duty-bound to Jamlary 23;. 1948).
see to it that the pardonee complies with the terms
and conditions of the pardon (Tiu v. Dizon, G.R. Nq. ART. 156, ARTS. 157-159, AND ARTS.
211269, June 15, 2016). ·
223-225, DISTINGUISHED
TWO PENAL TIES ARE CONSIDERED IN DELIVERY EVASION OF
INFIDELITY IN
THIS ARTICLE OF SERVICE OF
THE CUSTODY
PRISONER SENTENCE
1. If the penalty remitted ~oes not exceed six OF PRISONER
FROM JAIL (Arts. 157-
years: prision correctional in its .minimum (Arts. 223-225)
(Art. 156) 159)
period; and
2. If the penalty remitted is higher than six As to Persons Liable
years: the unexpired portion of one's original
sentence. Any person A prisoner in Public officer
(REYES, Book Two, supra at 209). who is not the confinement who consented
custodian of by final or connived in
If the offender violates any of the conditions of his the prisoner. judgment. the escape of
parole, he can be arrested and reincarcerated convict or
without trial in accordance with Sec. 64(i) of the deter:.ition
Revised Administrative Code. prisoner and is
The condition imposed upon the prisoner that he the custodian of
should not commit another crime, extends to the prisoner

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.. 187

2. He committed a New felony before beginning to

serve such sentence or while serving the same
(REYES, Book Two, supra at 214).

A QUASI-RECIDIVIST CAN BE
PARDONED:
Detention A pardonee A public officer- 1. At the age of 70, he shall have already served·
prisoner if he violating the custodian of the out his original sentence and he is not a
participated in conditions of prisoner whose habitual criminal; or
the plan to his pardon negligence 2. When he shall have completed it after reaching
make him caused the the said age, unless by reason of his conduct ·
escape or at evasion (RPG, or other circumstances, he shall not be worthy
least Art. 224) of such clemency (REYES, Book Two, supra at
acquiesced 217).
thereto
In reiteracion, the offender against whom it is
Convict whose Convict Private person to
considered shall already have served out his
conviction is sentenced to whom the
sentence for the prior offenses (People v. Layson,
not yet final or destierro who custody of the
G.R. No. L-25177, October 31, 1969).
on appeal entered the prisoner was
under the prohibited confided, who
same area consented, QUASI-RECIDIVISM IS NOT A FELONY
condition connived, or was Quasi-recidivism is a special aggravating
negligent, circumstance which cannot be offset by ordinary
causing the mitigating circumstances (People v. Alvis, G.R. No.
evasion (RPG, ~iif!f 24,.1983).
Art. 225),
NOTE: Nontiftieless, Quasi-Recidivism may be,
(BOADO, supra at 475-476). offset by a sp$dal privileged mitigating circumstance
(e.g. minority) (RPG, Art. 68).
Thus, when -a prisoner by final ju~~ment is rescued.
from jail by his allies in connivance with a jail guard, First crime for.which the offender is serving sentence
the rescuing civilians are liable for delivery, the jail may ~~_,,~r RPC or special laws; but the
guard for infidelity and the prisoner for evasion (Id.). second ~,rftiusf belong to the RPC, not special
laws (REYES, Book Two, supra at 215).
word "another" in Art. 160 does not mean that
CHAPTER SEVEN: .. . felony which is committed by a person
COMMISSION OF ANOl'ltER 'smving sentence is different from the crime
for which he is serving sentence (People v. Yabut,
CRIME DURING SERVIC.:F;.9F G.R. No. 39085, September 27, 1933).
PENALTY IMPOSED FOR
ANOTHER PREVIOUS QUASI-RECIDIVISM v. RECIDIVISM
OFFENSE Quasi-recidivism does not require that two offenses
are embraced in the same title. While in recidivism,
(ART. 160) both the first and the second offenses must be
embraced in the same title of the RPC (REYES,
Book Two, supra at 216).

ARTICLE 160
COMMISSION OF ANOTHER CRIME
DU.RING THE SERVICE OF PENAL TY
IMPOSED FOR ANOTHER PREVIOUS
OFFENSE
(QUASI-RECIDIVISM)

ELEMENTS: (FiNe)
1. The offender was already convicted by Final
judgment of one offense; and

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Criminal Law

ARTICLE 162
TITLE FOUR: USE OF FORGED SIGNATURE OR
CRIMES AGAINST COUNTERFEIT SEAL OR STAMP
PUBLIC INTEREST ELEMENTS: (Seal-KU)
1. The Great Seal of the Republic was
counterfeited, or the signature or stamp of the
CHAPTER ONE: Chief Executive was forged by another persoh;
2. The offender _!Snewof the counterfeiting or
FORGERIES forgery; and
(ARTS. 161-176) 3. He .Y,sedthe counterfeit seal or forged signature
or stamp (Id. at 222).

NOTE: The offender must not be the forger

SECTION ONE: otherwise the crime committed is forgery under Art.
FORGING THE SEAL OF THE 161 (Id.).
GOVERNMENT OF THE
PHILIPPINE ISLANDS, THE In using the forged signature or stamp of the
President or forged seal, the participation of the
SIGNATURE OR STAMP OF THE
offender is. in effect that of an accessory. Although
CHIEF EXECUTIVE· the general rule is that he should be punished by a
penalty two (2) degrees lower, under Art. 162 he is
punished by,a penalty only one degree lower (Id. at
223).
ARTICLE 161 ·"'
COUNTERFEITING SEAL OF
GOVERNMENT, SIGNATURE AND
ST AMP OF PRESIDENT SECTION TWO:
COUNTERFEITING
·, •.•. 1.
COINS
PUNISHABLE ACTS: (GP$):
1. Forging the Great Seal of the G(?vernmentof the
Philippines; ARTICLE 163
2. Forging the signature of the fresident; and ·
MAKING AND IMPORTING AND
3. Forging the §_tamp of the President (REYES,
Book Two, supra at 221). UTTER,_INGFALSE COINS

Great Seal ELEMENtS: (FMU)

It is affixed or placed upon all commismoos signed
by the President and upon such other official
documents and papers of the Republic of the
Philippines as may be provided by law, or as may be
required by custom and usage. The President shall
have custody of the Great Seal (Book 1, Chapter IV,
S~c. 15 of Executive Order No. 292 [Administrative
Code of 1987], amending Chapter V, -Sec. 19 of
Commonwealth Act No. 602).
NOTE: When, in a government document, the
signature of the President is forged, it is not
falsification of public document, but forging the
signature of the Chief Executive (REYES, Book Two,
supra at 221-222). '
1. There be False or counterfeited coins;
2. Tfie offendereither Made, imported or uttered
such coins; and
3. In case of .Y,tteringsuch false or counterfeited
coins, he connived with the counterfeiters or
importers (Id. at 224).
A coin is false or counterfeited if it is forged or if it is
not authorized by the Government as legal tender,
regardless of its intrinsic value (Id.).
Import
To import fake coins means to bring them into port.
The importation is complete before entry at the
Customs House (Id.).
Counterfeiting
It means the imitation of the peculiar design of a
genuine coin (REYES, Book Two, supra at 193).
There is counterfeiting when a spurious coin is made
(U.S. v. Basco, G.R. No. 2747, April 11, 1906).

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- 189

Uttering ARTICLE 165

It means to fabricate and put into circulation false SELLING OF FALSE OR MUTILATED
coins (The New Lexicon Dictionary of the English
Language, Deluxe Encyclopedia, 1995 Ed., p. COIN, WITHOUT CONNIVANCE
1084).
PUNISHABLE ACTS:
KINDS OF COINS THE 1. Possession of coin, counterfeited or mutilated by
COUNTERFEITING OF WHICH IS another with intent to utter the same knowing
PUNISHED: that it is false or mutilated; and
1. Any of the coinage of the Philippines ELEMENTS (PIK):
2. Coin of the currency of a foreign a. fossession;
country(REYES, Book Two, supra at 225). b. With !ntent to utter; and
c. ,!inowledge (REYES, Book Two, supra at
ART. 163 EXTENDS NOT ONLY TO 227).
CURRENCY BUT TO COINS
WITHDRAWN FROM CIRCULATION 2. Actually uttering false or mutilated coin, knowing
Coins withdrawn from circulation may be it to be false or mutilated.
· counterfeited because Art.163 does not make any
distinction. In Par. 3, the use of the word "currency" ELEMENTS (UK):
is not correct because the Spanish text uses the 1. Actually .!,!ttering;and
word "moneda" which includes those out of 2. ,!inowledge (Id).
circulation, not only legal tender (Id.).
NOTE: Possession of or uttering false coin does
NOT require , that the counterfeited coin is legal
ARTICLE 164 ~r. aut:itthe coin being uttered or possessed
MUTILATION OF COINS - with inten1:to utter is a mutilated coin, it must be a
IMPORTATION AND UTTERANCE OF legal tender eoin, because of Art.164 to which Art.
· MUTILATED COINS 165 is relab!d (/~. at 227-228).
, ,. C

The pos~ssion prohibited in Art. 165 is possession

PUNISHABLE ACTS: (MU)
1. Mutilating coins of the legal currency, with the
intent to damage or to defraud another; and
2. Importing or .!,!tteringsuch mutilated coins, with
the further requirement that th.ere must be
connivance with the mutilator or importer.in case
of uttering (Id. at 226).
Utter
It means to pass counterfeited coins incfudiog their
delivery or giving them away (Id. at 224).
Mutilation
It means to take off part of the metal either by filing
it or substituting it for another metal of inferior quality.
It is to diminish, by ingenious means, the metal in the
coin, thus diminishing its intrinsic value (People v.
Tin Ching Ting, G.R: No. L-4620, January 30, 1952).
COINS OF FOREIGN COUNTRY NOT
INCLUDED
The coin must be of the legal tender or current coins
of the Philippines. If the coin mutilated is legal tender
of a foreign country, it is not a crime of mutilation
under the RPC (REYES, Book Two, supra at 226-
227).
in general, thc3t is, not only actual, physical
posses~ian jl~,constructive possession or the
subjectio u ','thing to one's control, otherwise
offenders could easily evade the law by the mere
~dient of placing other persons in actual,
~~- egssession of the thing although retaining
"constructive possession or actual control thereof
(REYES, Book Two, supra at 228).
Actually uttering false or mutilated coin. knowing it to
be false or mutilated, is a crime under Art. 165, even
if the offender was not in connivance with the
counterfeiter or mutilator (Id.).
SECTION THREE:
FORGING TREASURY OR BANK
NOTES, OBLIGATIONS AND
SECURITIES; IMPORTING AND
UTTERING FALSE OR FORGED
NOTES, OBLIGATIONS AND
SECURITIES

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ARTICLE 166
FORGING TREASURY OR BANK
NOTES OR OTHER DOCUMENTS
PAYABLE TO BEARER; IMPORTING
AND UTTERING THE SAME
PUNISHABLE ACTS (FIU):
1. .E.
orging or falsification of treasury or
bank notes or other documents payable
to bearer;
Forging
It is committed by giving to a treasury or bank
note or any instrument payable to bearer or to
order the appearance of a true and genuine
document (REYES, Book Two, supra at 230).
Falsification
It is committed by erasing, supstituting,
counterfeiting, or -altering by an)'.,rn·~anij,.the
figures, letters, words, or signs contained therein
(RPG, Art. 169).
2. !mportation of the. same; and
Importation . ... , ARTfCLE 168
It means to bring the,n jnto the P~ilippines,
which presupposes that the obligations or notes
are forged or falsified in a foreign country
(REYES, Book Two, supra at 2;31).
3. Uttering the same in con'uivan~ w.ith
forgers or importers lREYES 1 Book Twr:>.,
supra at 230).
Uttering False or Forged Qbliga'~qns...or
Notes
It means offering obligations or notes J<nowing
them to be false or forged, whether such c:5fferc.is
..
accepted or not, with a representation, by words
or actions, that they are genuine and with an
intent to defraud (REYES, Book Two, supra at
231).
WHAT MAY BE FORGED OR FALSIFIED
UNDER ART. 166:
1. Treasury or bank notes,
2. Certificates, and
3. Other Obligations and securities payable to
bearer (REYES, Book Two, supra at 231).
The falsification of Philippine National Bank (PNB)
checks is not forgery under Art. 166 of RPC but
falsification of commercial documents under Art 172
in connection with Art.171 of the Code (REYES,
Book Two, supra at 234).
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CRIMINAL LAW II
Criminal Law
ARTICLE 167
COUNTERFEITING, IMPORTING AND
UTTERING INSTRUMENTS NOT
PAYABLE TO BEARER
ELEMENTS: (PIC)
1. There be an instrument fayable to order or other
document of credit not payable to bearer;
2. The offender either forged, !mported or uttered
such instrument;
3. In case of uttering, he ~onnived with the
importer (REYES, BooR Two, supra at 234).
The utterer should not be the forger; otherwise,
connivance is obviously not required, for he can be
held liable as a forger of the instrument (REYES,
Book Two, supra at 235).
REASON fOR PUNISHING FORGERY
F=orgeryof rn.irrencyis punished so as to maintain the
integrity of th~ currency and thus insure the credit
standing of the governm~nt and prevent the
rmposition on the .public and the government of
worthless note.sor dt>ligations (Id.).
ILLEGAL ROSSqSSION AND USE OF
FALSE TREASURY OR BANK NOTES
AND OTHERltJSTRUMENTS OF
. -CJ{EDIT
ELEMENTS: (TB-KUP)
1. The Ireasury or~ank note or certificate or other
1
obligation and securities payable to bearer or
any instrument payable to order or other
docum~nt · of credit not payable to bearer is
forged or falsified by another; .
2. The offender ~nows that any of these
instruments is forged or falsified; and
3. He performs any of these acts:
a. _Msing any of such forged or falsified
instruments; or
b. fossessing with intent to use, any of the
forged or falsified documents (REYES,
Book Two, supra at 236).
MERE POSSESSION OF FALSE
TREASURY OR BANK NOTES ALONE IS
NOT PUNISHABLE
For it to constitute an offense, one must knowingly
possess said false treasury or bank notes with intent
to use the same (People v. Digoro, G.R. No. L-
22032, March 4, 1966).
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8an Beda University College of Law - RGCT Bar Operations Center

The accused must have knowledge of the forged FORGERY AND FALSIFICATION,
character of the note (U.S. v. De Leon, G.R. No.
DISTINGUISHED
1934,Apri/29, 1905).
Forgery (An. 169) Falsification (Art. 171)
Possession of fake dollar notes must be coupled
with the act of using or at least with intent to use the Forgery under Art. 169 It is the comm1ss1on of
same as shown by a clear and deliberate overt act refers to the any of the eight (8) acts
in order to constitute a crime (Tecson v. CA, G.R. falsification and mentioned in Art. 171 on
No. 113218, November 22, 2001). counterfeiting of legislative, public or
treasury or bank notes official, commercial, or
A person in possession of falsified document and or any instruments private documents, or
makes use of it, taking advantage of it and profiting payable to bearer or wireless, or telegraph
thereby, it is presumed that said person is the order. messages.
material author of the falsification (People v. (Id. at 242).
Sendaydiego, G.R. Nos. L-33252, January 20,
1978).
REPUBLIC ACT NO. 9160
NOTE: Intent to use is sufficient to consummate the ANTI-MONEY LAUNDERING ACT
crime when the offender is in possession of false or
falsified obligations or notes. But if the accused did (Refer to SPL part for a detailed discussion. See
not carry out his intention and threw away the forged page 445)
note, he is not liable as the law will not close tl1e door
of repentance on him (REYES, Book Two, supra at Approved on: September 29, 2001
238).
MONEY LAUNDERING
ARTICLE 169 ft i1fa C;;f~i:J)&~herebythe proceeds of an unlawful
HOW FORGERY IS COMMMITTED activity· c:l1ffie1;eindefined are transacted, thereby
making them appear to have originated from
legitimate sources (Sec. 4).
TWO WAYS OF COMMITTING
FORGERY: PERSQNStlABLE:
1. Giving to a treasury or bank note or any
Ai;l):l.,•;~ ;;ffl'>Wing that any monetary
instrument payable to bearer or to order the ins ··· · '.property represents, involves, or
appearance of a true and genuine document; or relatei to, e proceeds of any unlawful activity,
2. Erasing, substituting, counterfeiting, or altering transacts or attempts to transact said monetary
by any means the figures, letters, words or
trument or property;
. signatures contained therein (REYES, Book · 1,:person knowing that any monetary
Two, supra at 239).
instrument or property involves the proceeds of
any unlawful activity, performs or fails to perform
NOTE: Forgery cannot be presumed. It must be any act as a result of which he facilitates the
proved by clear, positive and convincing evidence offense of money laundering referred to in No.
and the burden of proof lies on the party alleging the (1) above; or
forgery (JN Development Corporation v. Philippine 3. Any person knowing that any monetary
Export and Foreign Loan Guarantee Corporation,
instrument or property is required under this Act
G.R. No. 151060, August 31, 2005).
to be disclosed and filed with the Anti-Money
Laundering Council (AMLC) fails to do so (Sec.
A forged signature is wholly inoperative (MWSS v.
4).
CA, G.R. No. L-62943, July 14, 1986).

Forgery includes falsification and counterfeiting

(REYES, Book Two, supra at 207). . ·
P.O. No: 247 penalizes defacement, mutilation,
tearing, burning or destroying of Central Bank notes
and coins (REYES, Book Two, supra at 241).
COVERED TRANSACTIONS
It is a transaction in cash or other equivalent
monetary instrument involving a total amount in
excess of Five hundred thousand pesos (Php
500,000.00) within one (1) banking day (Sec. 1).

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SUSPICIOUS TRANSACTIONS
Transactions with covered institutions, regardless of
SECTION FOUR:
the amounts involved, where any of the following FALSIFICATION OF
circumstances exist: LEGISLATIVE, PUBLIC,
1. There is no underlying legal or trade obligation, COMMERCIAL AND PRIVATE
purpose or economic justification; DOCUMENTS AND WIRELESS,
2. The client is not properly identified;
3. The amount involved is not commensurate with
TELEGRAPH AND TELEPHONE
the business or financial capacity of the client; MESSAGES
4. Taking into account all known circumstances, it
may be perceived that the client's transaction is
structured in order to avoid being the subject of
reporting requirements under the Act; ARTICLE 170
5. Any circumstances relating to the transa·ction FALSIFICATION OF LEGISLATJVE
which is observed to deviate from the profile of DOCUMENTS
the client and/or the client's past transactions
with the covered institution;
ELEMENTS: (BAPA)
6. The transactions are in a way related tQ an
unlawful activity or offense under this Act that is 1. There be a §.ill, resolution or ordinance enacted
about to be, is being or has been committed; or or approved or pending approval by either the
7. Any transactions.that is similar or analogous to House of the Legislature or any provincial board
any of the foregoing (Sec. 2). o(municipal council;

NOTE:The biU, resolution, or ordinance must be

UNLAWFUL ACTIVITY genuine (REYES, Book Two, supra at 243).
It refers to any act or omission or series or
combination thereof involving or having direct
relation to the following (Sec. 3): ·
2. ,-~ ,-
The .offender Alters the same;
~

1. Kidnapping for ransom (RPC, Art. 267); ·
2. Secs. 4-6, 8-10, 12-16 of RA No. 9165
(Comprehensive Dangerous Act of 2002);
3. Sec;:.3, Pars. B, C, E, G, H,, and 1 of.RA No.
3019 (Anti-Graft and CorruptPFactices Act);
4. Plunder under R.A. No. 7080, aS,amended;
5. Robbery and extortion under Arts. 294, 295,
296, 299, 300, 301, and 302 of the.RPG;
6. Jueteng and Masiao punished a:, illegal
gambling under P.O. No.1602;. ··
7. Piracy on the high seas under the.R,P'CahdP ..D.
No. 532;
8. Qualified theft (RPG, Art. 310);
9. Swindling (RPG, Art. 315);
10. Smuggling under R.A. No. 455 and 1937;
11. Violations under R.A. No. 8792 (Electronic
Commerce Act of 2000);
12. Hijacking and other violations under RA No.
6235; destructive arson and murder, under the
RPC, including those perpetrated' by terrorists
against non-combatant persons and similar
targets;
13. Fraudulent practices and other violations under
R.A. No. 8799 (Securities Regulation Code of
2000); and
14. Felonies or offenses of a similar nature that are
punishable under the penal laws of other
countries.
NOTE:Offender mqy be a private individual or a
public officer (Id.). '
3. He has no froper authority therefor; and
4. The Alteration ..changed the meaning of the
document(REYES, Book Two, supra at 243).
N01E: Accused must not be a public official
~ntrust~ with th~ custody or possession of such
document otherwise Art 171 applies. Likewise, acts
of falMication which do not change the meaning,
eyen-in te~slative documents, are punished either in
Att,,,1'71 or under Art.172.
ARTICLE 1i1
FALSIFICATION BY PUBLIC OFFICER,
EMPLOYEE OR NOTARY OR
ECCLESIASTICAL MINISTER
ELEMENTS: (NAF)
1. The offender is a public officer,
employee or Notary public or
ecclesiastical minister;
The ecclesiastical minister is liable under
this Article if he shall commit any of the acts of
falsification with respect to any record or
document of such character that its falsification
may affect the civil status of persons (REYES,
Book Two, supra at 245).

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San Seda University College of Law ·- RGCT Bar Operations Center
NOTE: The same is not applicable when the
purpose is merely to correct clerical errors in
unessential details (People v. Bautista, G.R. No.
L-26057, April 25, 1968).
2. He takes Advantage of his official
position when:
a. He has the duty to make or prepare or
otherwise intervene in the
preparation of the document; or
b. He has the official -custody of the
document which he falsifies; and
NOTE: If he did not take advantage of his official
position, he would be guilty of falsification of
public document by a private individual under
Art. 172.
3. The offender f ~lsifies a document
(REYES, Book Two, supra at 245).
Document
A document is defined as a deed, instrument or other
duly authorized paper by which something is proved,
evidenced or set forth (Bermejo v. Barrios, G.R. No.
L-23614, February 27, 1970).
The document must be complete or at least have the
appearance of a true and genuine document (U.S. v.
Corral, G.R. No. 5325, March 3, 1910).
The dpcument must be of apparent legal efficacy
(REYES, Book Two, supra at 247).
In the 1st, 2nd, 6th, 7th (second part) and 8th .mode
of falsification, there must be a genuine document
(Id.).
In the other paragraphs of Art. 171, falsification may
be committed by simulating or fabricating a
document (Id.).
Intent to Gain is NOT Necessary
In falsification of public or official documents, intent
to gain or intent to injure a third person is not
necessary. What is being punished is the violation of
public faith and the destruction of truth as therein
solemnly proclaimed (Pacasum v. People, G.R. No.
180314, April 16, 2009).
There is no falsification of a public document if the
acts of the accused are consistent with good faith
(Layug v. Sandiganbayan, G.R. Nos. 121047,
August 16, 2000).
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EIGHT MODES OF FALSIFYING A
DOCUMENT: (IPA-UTAIN)
1. Counterfeiting or !mitating (feigning) any
handwriting, signature or rubric
Two Ways of Committing:
a. Counterfeiting
imitating any handwriting, signature or
rubric.
REQUISITES: (IR)
i. There be an !ntent to imitate or an
attempt to imitate; and
ii. The two signatures or handwritings, the
genuine and the forged, bear some
,Resemblance to each other (l). S. v.
Rampas, G.R. No. 9146, November 26,
1913).
If there is no attempt whatsoever by the
accused to imitate the signatures of the
other person so that they are entirely unlike
the genuine signature, the accused may be
found guilty under the second mode of
falsifying a document (U.S. v. Freimuth,
G.R,No. 1368, February 02, 1904).
b. Imitating (feigning)
simulating a signature, handwriting, or
rubric·out of one which does not in fact ex(st
(e.g., making it appear that a person who
does not know how to write has signed the
,<:JQcument).✓'_REYES, Book Two, supra at
'217). .••··
_.2... Causing it to appear that persons have
.,.·~~;rt1;;~g~ipipated in an act or proceeding
tc:". · •'wheff1hey did not in fact so participate
NOTE: The imitation of the signature of the
offended party is not necessary in this mode of
falsification (REYES, Book Two, supra at 218).
EXAMPLE: Voting in place of the registered
voter (People v. Abubakar, G.R. No. L-24157,
. September 28, 1979).
REQUISITES: (ApN)
a. The offender caused it to Appear in a
document that a person or persons
Rarticipated in an act or proceeding; and
b. Such person or persons did !fot in fact so
participate in the act or proceeding (REYES,
Book Two, supra at 253).
3. Attributing to persons who have
participated in any act or proceeding
statements other than those in fact made
by them
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Instead of executing a conferment of the
power of attorney as intended by the offended
parties, defendant managed to pervert the truth
and ascribed to the former, statements making
him a buyer and new owner of the coconut land
of the offended parties (U.S. v. Capule, G.R. No.
7447, January 2, 1913).
REQUISITES: (PMA)
a. A person or persons farticipated in an act or
proceeding;
b. Such person or persons Made statements in
that act or proceeding; and
c. The offender in making a document,
Attributed to such person, statements other
than those in fact made by such person or
persons (REYES, Book Two, supra at 254-
255).
4. Making Untruthful statements in a falsification is that .there must be a legal
narration of facts
REQUISITES: (NLFI)
a. The offender makes in a doctunenf'
statements in a fiarratioo of facts (not
conclusions of law); . .. . .
b. He has the ,begal obligatioii t~ dis~lose the
truth of the facts narrated by him;
c. The facts narrated by the offender are
absolutely Ealse; arJd .
d. The perversion of truth rnr the narration of
facts was made with Hie wrongful1Intent of
injuring a third pejson (Suero .v. People,
G.R. No. 156408, January ~1, 2006}.
Narration of Facts
It is merely an account or descrifMion of !he
particulars of an event or occurrence. HeAce,
the use of words or figures or numbers "hrany
combination of two or three of said thtngs. as
long as it describes an event is sufficisnttb make
a "narration offacts" under Art.171 (4) (Battolo v.
Sandiganbayan, G.R. No. 172123, April 16,
2009).
When a government employee is required to
disclose his relatives in the government service,
such information elicited therefore qualifies as
narration of facts (Galeas v. People, G.R. Nos.
174730-37 & 174845-52, February 9, 2011).
If the narration of facts is contained in an affidavit
or a statement required by law to be sworn to,
the crime committed is perjury (People v. Cruz,
G.R. No. L-15132, May 25, 1960).
Conclusion of law
It is defined as a proposition not arrived at by'any
process of natural reasoning from a fact or
combination· of facts stated but by the
application of the artificial rules of law to the facts
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CRIMINALLAW II
Criminal Law
pleaded (Siquian v. People, G.R. No. 82197,
March 13, 1989).
The facts must be absolutely false
The crime of falsification is not violated if there
is some colorable truth in the statements of the
accused (Layug v. Sandiganbayan, G.R. Nos.
121047, August 16, 2000).
The person making Uie narration of facts must
be aware of the falsity of the facts narrated by
him (REYES, Book Two, supra at 259).
Wrongful intent is not essential when the
document falsified is a public document (People
v. Po Giok To, G.R. No. L-7236, April 30, 1955).
NOTE: One essential element of this kind of
obligation to disclose the truth of the fact claimed
to be.false. In other words, there must be a law
requiring, expressly or impliedly, the disclosure
of the truth of the fact alleged to have been
fa1sjfied(Ma{Jtdadv. de Guzman, A.M. No. P-94-
10.15,March 29, 1999).
·,
5.. AlteringJrue dates
REQUISITES::tEA).
a. The date mentioned in the document
is gssential; and
b. The alteration of the date in a document
must Affect either the veracity of the
document or the effects thereof (Typoco, Jr.
v. People, G.R. Nos. 221857 & 222020,
August 16, 2017).
Alteration of dates in official receipts to prevent
discovery of malversation is falsification
(REY.I:!$, Book Two, supra at 264).
6. Making Alteration or intercalation in a
genuine document which changes its
meaning.
REQUISITES: (AI-G-Ne-CF)
a. There be an Alteration (change) or
!ntercalation (insertion) on a document;
b. It was made on a Genuine document;
c. If the document is fiot genuine, the crime of
~stafa is committed;
d. The alteration or intercalation has ~hanged
the meaning of the document; and
e. The change made the document speak
something false (Typoco, Jr. v. People,
G.R. Nos. 221857 & 222020, August 16,
2017).
NOTE: Alteration which speaks the truth is not
falsification. The idea of deception is inherent in
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San Beda University College of Law - RGCT Ber OperationS Center
the word alteration - of making the instrument
speak something which the parties did not
intend it to speak (U.S. v. Mateo, G.R. No. 8025,
September 17, 1913).
7. !ssuing in an authenticated form a
document purporting to be a copy of an
original document when no such original
exists or including in such a copy a
statement contrary to or different from
that of the genuine original.
It cannot be committed by a private
individual or by a notary public or public officer
who does not take advantage of his official
position (REYES, Book Two, supra at 266).
The idea of gain or intent to cause damage to a
third person is not necessary, because it is the
interest of the community which is intended to be
guaranteed by the strict faithfulness of the
officials charged with the preparation and ·
preservation of the acts in which they intervene
(REYES, Book Two, supra at 267). ··
8. Intercalating any instrument or Note
relative to the issuance thereof in
protocol, registry or official bo9k.
ARTICLE 172
FALSIFICATION BY PR1VATE
INDIVIDUALS AND USEO.F FALSIFIED
DOCUMENTS .
PUNISHABLE ACTS:
1. Falsification of public, official pr
commercial document by a private
individual;
ELEMENTS: (Pri-FaP)
a. The offender is a Private individual or a
public officer or employee who did not take
advantage of his official position;
b. That he committed any of the acts of
Falsification enumerated in Art.171 pars.1-
6; and
c. That the falsification was committed in a
fublic or official or commercial document
(REYES, Book Two, supra.at 268-269).
NOTE: Mere blank form of an official document
is not in itself a document (REYES, Book Two,
supra at 272).
Public document
A document created, executed or issued by a
public official in response to the exigencies of
the public service, or in the execution of which a
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public official intervened (U.S. v. Asensi, G.R.
No. 11165, August 15, 1916).
Any instrument authorized by a notary public or
a competent public official, with the solemnities
required by law (Cacnio v. Baens, G.R. No.
2116, March 16, 1906).
NOTE: Lack of malice or criminal intent is a
defense in falsification of public document
(REYES, Book Two, supra at 276).
Official document
A document which is issued by a public official
in the exercise of the functions of his office (U.S.
v. Asensi, G.R. No. 11165, August 15, 1916).
Commercial document
Any document defined and regulated by the
Code of Commerce or any other commercial
laws (Batu/anon v. People, G.R. No. 139857,
September 1,5,2006). Likewise, they are those
used by merchants or businesspersons to
promote or facilitate trade or credit transactions
(Malabanfln v. Sandiganbayan, G.R. Nos.
:;;:1a9;J,i~J86584-86,
a o; :"Jo'',
198598, August 2, 2017).
NOTE: li"(Par. 1, Art. 172, damage or intent to
cause dar,,age is not necessary.The controlling
consiqeratiof\ lies in the public character of the
document (Goma v. Court of Appeals, G.R. No.
168437, nuary8, 2009).
of private document by any
person; and
}~NTS: (FaPriD)
a. Ttieoffender committed any of the acts of
Falsification, except those in Par. 7,
enumerated in Art. 171;
b. The falsification was committed in any
Private document; and
c. The falsification caused Qamage to a third
party or at least the falsification was
committed with the intent to cause such
damage (REYES, Book Two, supra at 276).
Private Document
A deed or instrument executed by a private
person without the intervention of a notary public
or other person legally authorized, by which
.document some disposition or agreement is
proved, evidenced or set forth (U.S. v. Orera,
G.R. No. 3810, October 18, 1907).
When Private Document deemed as Public
Document:
1. When acknowledged before a notary public
(People v. Tan Bomping, G.R. No. 24187,
March 15, 1926);
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2. When intended to be a part of the public or
official records (Bermejo v. Barrios, G.R. No.
L-23615, February 27, 1970). Hence, the
fact that the falsification took place before it
became part of the public records is
immaterial (U.S. v. Asensi, G.R. No. 11165,
August 15, 1916).
Mere falsification of private document is not
enough. Two things are required:
1. He must have falsified the same; and
2. He must have performed an independent
act in order to make use of it which operates
to the prejudice of third persons (U.S. v.
Paraiso, G.R. No. 106, February 14, 1902).
Damage need not be material; damage to one's
honor is included (People v. Marasigan, G.R.
No. 6040, October 18, 1940).
iv. The use of the false document caused
damage to another or at least it was
used with intent to cause damage (Id. at
286).
If a person makes, presents, or uses any
record, document, paper or object with
knowledge of its falsity and with intent to
affect the course or outcome of the
investigation of, or official proceedings in
criminal cases, such person is liable under
P.O. No. 1829, Sec. 1(f).
FALSIFICATION OF PUBLIC/OFFICIAL
ORCOMMERC~LDOCUMENTSAND
FALSIFICATION OF PRIVATE
DOCUMENT, DISTINGUISHED

Cannot be complexed with Estafa

There is no complex crime of estafa throµgh
falsification of a private document because. the
immediate effect of falsifi~ation of private
document is the same as that of estafa (REYES, When committed as a There is no complex
Book Two, supra at 282). necessary means to crime of estafa through
commit estafa, complex falsification of private
There is no falsification of private document crime is committed. document.
through reckless imprudence $ince there must
at least be intent to cause damage, that is, there REASON: REASON:
must be malice (Id. at 284), Crime of falsification has The fraudulent gain
already . been obtained through deceit
NOTE: One can be guilty of the complex .crime consummated. "Actually in estafa, in the
of qualified theft through ~alsification of using the falsiffed commission of which a
commercial document (People v. Salonga, G.R. document to defraud privqte document vtas
No. 131131, June 21, 2001). another is estafa, which falsified, is the very
causes the damage, not damage caused by the
3. Use of falsified documents. Jhefa[ sification. falsification of such
a. Introducing in a judicial proceeding document.
ELEMENTS: .
(Id. at 279 and 282).
i. The offender knew that the document
was falsified by another person;
ii. The false document was embraced in FALSIFICATION OF PRIVATE
Art. 171 or in any of subdivision No.1 or DOCUMENTS AND PUBLIC
2 of Art. 172; and DOCUMENTS, DISTINGUISHED
iii. He introduced said document in
Falsification of Falsification of
evidence in any judicial proceeding
Private Document Public Document
(REYES, Book Two, supra at 286).
The prejudice to a third Prejudice to third
NOTE: No damage is required (Id. at 287). party is taken into account party is immaterial;
so that if damage is not what is punished is
b. Use in any other transaction apparent, or at least if with the violation of public
ELEMENTS: no intent to cause it, the faith and the
i. The offender knew that the document falsification is not perversion of truth.
was falsified by another person; punishable.
ii. The false document was embraced in
Art. 171 or in any of subdivision No. 1 or (Id. at 285-286).
2 of Art. 172;
iii. He used such document (not in judicial
proceeding); and

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ARTICLE 173
FALSIFICATION OF WIRELESS, CABLE, SECTION FIVE:
TELEGRAPH AND TELEPHONE FALSIFICATION OF MEDICAL
MESSAGES AND USE OF SAID CERTIFICATES, CERTIFICATES
FALSIFIED MESSAGES OF MERIT OR SERVICE AND THE
. LIKE
PUNISHABLE ACTS: (UFU)
1. Uttering fictitious wireless, telegraph, or
telephone messages; ARTICLE 174
2. f.alsifying wireless, telegraph or FALSE MEDICAL CERTIFICATES,
telephone messages; and FALSE CERTIFICATES OF MERIT OR
SERVICE
ELEMENTS OF ACTS 1 & 2: (OE-C)
a. The offender is an Officer or ;_mployee of
the Government, or an officer or an PERSONS LIABLE:
employee of a private corporation engaged 1. Physician or surgeon who, in connection with
in the service of sending or receiving the practice of his profession, issued a false
wireless, cable or telephone message; and certificate;
b. He ~ommits any of the above acts (Id. at
289). NOTE: The crime is False Medical Certificate by
a physician.
3. Using such falsified messages.
2. Public officer who issued a false certificate of
ELEMENTS OF ACT 3: (KUP) .,~rlt ~:. service, good conduct or similar
a. The accused ~new that the wireless, cable, circumS:1~ces; and
telegraph or telephone message was
falsified by any person specified in Nos. 1 NOTE: J"he'crime is False Certificate of Merit or
and 2 above; Servicefbf a•public officer. ·

NOTE: Private individual _can only be held
liable for the crime of falsification of
telegraphic dispatches by · direct
participation if he is an employee of a
corporation engaged in the business of
sending or receiving wireless telegraph or
telephone messages or when he, though not
connected with such corporation, knowjngly
uses any falsified message to the prejudice
of a third person or with intent to cause such
prejudice. Otherwise, private individual can
be held liable as principal by inducement (Id.
at 290).
The phrase "011.similar circumstances" does not
s~;;,e"1t9,,,i:·~•r property, because the
circums~~ contemplated must be similar to
"merit," "service," or "good conduct" (Id. at 291-
292).
' :C~~l;iiifrootion of one's certificate of service,
renders a public officer not only administratively
liable for serious misconduct under Sec. 1, Rule
140 of the Rules of Court but qlso criminally
liable under Articles 174 and 175 of the RPC
(Espanol v. Toledo-Mupas, A.M. No. MTJ-03-
1462, February 11, 2010).

b. The accused ysed such falsified dispatch;
and
c. The use of the falsified dispatch resulted in
the frejudice of a third party, or that the use
thereof was with the intent to cause such
prejudice (Id. at 290).
The Telegraph Message Act punishes any person
who willfully forges or substantially alters a telegram
or who utters a telegram knowing the same to be
forged, or who utters as a telegram any message or
communication which he knows to be not a telegram
(Sec. 4, R.A. No. 1851):
3. Private individual w.ho falsified a certificate
falling in the classes mentioned iri nos. 1 and 2.
NOTE: The crime is False Medical Certificate by
a private individual or False Certificate of Merit
or Service by a private individual (REYES, Book
Two, supra at 292).
Certificate
It is any writing by which testimony is given that
a fact has or has not taken place (Bouvier's Law
Dictionary, p. 442).

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Criminal Law

A certificate of residence for voting purposes is

certificate of "similar circumstances" (REYES, CHAPTER TWO:
Book Two, supra at 292).
OTHER FALSITIES
ARTICLE 175 (ARTS. 177- 184).
USING FALSE CERTIFICATES

ELEMENTS: (FK-U)
1. A .E alse certificate mentioned in the preceding SECTION ONE:
article was issued; USURPATION OF AUTHORITY,
2. The.offender ~new that the certificate was false; RANK,TITLEANDIMPROPER
and USE OF NAMES, UNIFORMS AND
3. He ysed the same (REYES, Book Two, supra at INSIGNIA
293).

When any of the. false certificates in the preceding

Article is used in a judicial proceeding, Art. 175 will ARTICLE 177
apply. The use of false documents in judicial
proceedings under Art. 172 is limited to those f;:ilse•·
USURPATION OF AUTHORITY
documents mentioned in Arts. 171 and 172 (Id.). · ..OR OFFICIAL FUNCTiONS
'',

···TWOOFFENSES CONTEMPLATED
UNDER AIU:·1,11:
SECTION SIX:
MANUFACTURING, IMPORTING 1. Usurp.ttion of,authority
- by false and knowing representation, i.e. the
AND POSSESSIONOF malitious 'f.?pr~sipntationas an agent, officer, or
INSTRUMENTS OR IMPLEMENTS representafi,ve of f/;le government (Degamo v.
INTENDED f'OR '.fHE ·• Office of the ·oinb'udsman, G.R. No. 212416,
COMMISSION OF December 5; 2018).
FALSIFI0ATION · ,,/ ,o ~

T~"e
crime icl,µsljtpation of authority under
,Article 177"is covered by Section 13 of RA No.
·· 30l9 as , it invo!'1es fraud upon government
. ARTICLE 1.76 . (Mirand;i v. SaniJiganbayan, GR. No. 154098,
Julyf11;2005r ·.·
MANUFACTURING AND POSSESSION
OF INSTRUMENTS AND lrv1eL6ME'fil'S
FOR FALSIFICATION·%·. .... NQlF: Tile mere act of knowingly and falsely
1

representing oneself to be an officer, etc. is

PUNISHABLE ACTS: (MP)
1. Making or introducing into the Philippines any
stamp, dye, mark, or other instruments or
implements for counterfeiting or falsification; and
2. fossessing with intent to use the instruments or
implements for counterfeiting or falsification
made in or introduced into the Philippines by
another person (REYES, Book Two, supra at
294).
It is not necessary that the implements confiscated
form a complete set for counterfeiting, it being
enough that they may be employed by themselves
or together with other implements to commit the
crime of counterfeiting or falsification (Id.).
Arts. 165 and 176 punish not only actual, physical
possession, but also constructive possession or the
subjection of the thing to one's control (REYES,
Book Two, supra at 295).
..sufficient It is not necessary that he performs an
act pertaining to a public officer (Id. at 296-297).
There must be a positive, express, and explicit
representation on the part of. the offender
(REYES, Book Two, supra at 297).
2. Usurpation of official functions
by performing any act pertaining to any
person in authority or public officer of the
Philippine Government or any foreign
government, or any agency thereof, without
being lawfully entitled to do so (Ruzol v.
Sandiganbayan, GR. Nos. 186739-960, April
17, 2013).
ELEME~TS (PP-PUW):
1. The offender may be a frivate person or
fublic officer;
2. The offender performs any act fertaining to

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· 199

any person in authority or public officer of ARTICLE 178

the Philippine government, any of its USING FICTITIOUS NAME AND
·agencies, or of a foreign government;
3. The offender performs the act Y.nder
CONCEALING TRUE NAME
pretense of official function; and
4. The offender performs the act Without being PUNISHABLE ACTS:
legally entitled to do so (Tiangco v. People, 1. Using a fictitious name; and
G.R. Nos. 218709-10, November 14, 2018).
Fictitious name
GOOD FAITH AS DEFENSE It is any other name which a person publicly
In prosecutions for usurpation of official functions, applies to himself without authority of law
good faith is recognized as deflilnse (Ruzol v. (REYES, Book Two, supra at 302).
Sandiganbayan, G.R. Nos. 186739-960, April 17,
2013 citing People v. Hilvano, G.R. No. L-8583, July ELEMENTS: (OPPO)
:)1, 1956). ' 1. The Offender uses a mime other than his
real name;
Good faith is· defined as a state of mind denoting 2. He uses that fictitious name fublicly; and
"honesty of intention,and freedom from knowledge 3. The furpose of the Offender is:
of circumstances which ought to put the holder upon a. To conceal a crime;
inquiry recognized good faith as a defense in b. To evade the execution of a judgment;
prosecutions for usurpation of official functions or
(Tiangco v. People, G.R. Nos. 218709-10, c. To cause damage to public interest (Id.).
November 14, 2018).
Damage must be to public interest. If damage is
NOTE: It is essential that the offender should have o priva ·nterest, the crime will be estafa under
performed an act pertaining to a person in authority ··•~·...·0,• ' ar. 2(a) (Id.).
or public officer (REYES, Book Two, supra at 297).
The sigryir'!gof a fictitious name in a_napplication
USURPER for pa$Sport, is publicly using such fictitious
name (U;,.5_ v To Lee Piu, G.R. No. 11522,
"One who introduces himself into an offiee that is
September 26, 1916).
vacant, or who without color of title, ousts the
incumbent and assumes to act as an officer by
fous name inay be complexed
expressing some of the functions of the office"•
e'of delivering prisoners from jail as
(REYES, Book Two, supra at 299). ··
necessary means therefor, but may not be
:!"]ili:tr@fomplexed with evasion of service of sentence
Hence, it may be violated by a public qffic;erwho
·,,.;,r•::,.,;Jf&~AOO, supra at 461).
unlawfully assumes a public position without color of •· ",",,;,,-~~,,-"~""" ,,i,'SU,0,fp:,

law (People v. Hilvano, G.R. No. L-858,3, July 31,

1956). .. 2. Corfcealing true name.

ELEMENTS: (Ctcl)
R.A. No. 75 provides a penalty for usurping authority 1. The offender ~onceals:
of diplomatic, consular or any other official of a
a. His Irue name, and
foreign government in.· addition to the penalty
b. All other personal ~ircumstances; and
imposed by the RPC (REYES, Book Two, supra at 2. That the purpose is only to conceal his
297). !dentity (REYES, Book Two, supra at 303):

THE ACTS PERFORMED MUST USE OF FICTITIOUS NAME AND

PERTAIN TO: CONCEALING TRUE NAME,
1. The Government; DISTINGUISHED
2. To any person in authority; or
3. To any public. officer (People v. Hilvano, G.R. USING FICTITIOUS CONCEALING TRUE
No. L-8583, July 31, 1956). NAME NAME

As to Need of Publicity
Element of publicity Element of publicity is
j
must be present. not necessary.

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Any person desiring to use an alias shall apply for

t!SING F'IC!ITIOUS CONCIA:tlNG TRUE authority therefor in proceedings like those legally
N'.AME N'.AME provided to obtain judicial authority for a change of
name (Sec. 2).
AstoPumose
The purpose is either to The purpose is merely to No person shall be allowed to secure such judicial
conceal a crime, to conceal identity. authority for more than one alias (Sec. 2).
evade the execution of
judgement, or to cause The petition for an alias shall set forth:
damage. 1. The person's baptismal and family name and the
name recorded in the civil registry, if different,
(Id.).
his immigrant's name, if an alien, and his
pseudonym, if he has such names other than his
PURPOSE OF USING FICTITIOUS NAME original or real name; and
(ART. 178), USURPATION OF CIVIL 2. The reason or reasons for the use of the desired
STATUS, ESTAFA AND USING alias.
FICTITIOUS NAME (P.D. NO. 1829),
The judicial authority for -the use of alias, the
DISTINGUISHED
Christian name and the alien's immigrant name shall
To (a) conceal a crime; (b) evade be recorded in the proper local civil registry, and no
the execution of a judgment; or person shall use any name or names other than his
(c) to cause damage to public original or real name unless the same is or are duly
interest (REYES, Book Two recorded in the proper local civil registry (Sec. 2).
supra at 302).
No person havipg. been baptized with a name
To enjoy the rights arising from
the civil status of.-·the. person different from t'"'at with which he was registered at
birth in a local. civi.I registry, or in case of an alien,
impersonated (REYES, Book
registered in the Bure~u of Immigration upon entry,
Two, supra at 1217).
or any person who obtained judicial authority to use
To defraud .third persons an alias, or who uses a pseudonym, shall represent
(REYES, Beok •.Two, supra at himself.in any public o~ private transaction or shall
r.:"'a~H:t ■ 1008-1009). sign or .execute any public or' private document
without stating oraffixing his real or original name
To concapl a crime, evade
prosecution or the ~xecution of a
and all names or aliases or pseudonym he is or may
have been authorized to use (Sec. 3).
judgment or. concealing his true
name and · other · personal Intent~o publicly use the alias must be manifest
circumstances · for the · same The required put,ficity in the use of alias is more than
purpose or purpo~es · ($ec. · 1, the merecommunication to a third person. To be
Par. d).
considered public, it must be made openly, or in an
open manner or place or to cause it to become
COMMONWEAL TH ACT NO. 142 generally known (People v. Estrada, et. al., G.R. No.
AN ACT REGULATING THE USE OF 164368-69, April 2, 2009).
ALIASES
:AS :AMENDED BY REPUBLIC :ACT N.O. 6085 ARTICLE 179
GENERA:LRULE: No person shall use any name ILLEGAL USE OF UNIFORMS OR
different from the one with which he was registered INSIGNIA
at birth in the office of the local civil registry, or with ELEMENTS: (IHP)
which he was registered in the Bureau of 1. The offender makes use of Insignia, uniform or
Immigration upon entry, or such substitute name as dress;
may have been authorized by a compet.ent court 2. The insignia, uniform or dress pertains to an
(Sec. 1). office not .!::!eldby the offender or to a class of
persons of which he is not a member; and
EXCEPTION: As pseudonym solely for literary, 3. Said insignia, uniform or dress is used fublicly
cinema, television, radio or other entertainment and improperly (REYES, Book Two, supra at
purposes and in athletic events where the use of 308261).
pseudonym is a normally accepted practice (Sec. 1).

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NOTE: Wearing the uniform of an imaginary office is
not punishable. The office must actually exist (Id.).
An exact imitation is not necessary. A colorable
resemblance calculated to deceive the common run
of the people - not those thoroughly familiar with
every detail or accessory thereof - is sufficient
(People v. · Romero, No. 20249-R and 202050-R;
October 6, 1961, as cited in REYES, supra at 308).
R.A. No. 493 punishes the wearing of insignia,
badge, or emblem of rank of the members of the
Armed Forces of the Philippines (Sec. 2).
R.A. No. 75 punishes the unauthorized wearing of
any naval, military, police or other official uniform,
decoration or regalia of a foreign State or one nearly
resembling the same, with intent to deceive or
mislead (Sec. 3).
E.O. No. 297 punishes the illegal manufacture, sale,
distribution and use of PNP uniforms, insignias and
other accoutrements (Sec.1). · NOTE: Testimony must be complete.
SECTION TWO:
FALSE TESTIMONY
ELEMENTS OF FALSE TESTIMONY:
It is committed:
1. By any person who:
a. Being under oath, and
b. Required to testify as to the truth of a certain
matter at a hearing before. a competent
authority; and ..
2. Shall deny the truth or say something 'contrary to
it (Id. at 310).
NOTE: The false testimony need not.influence the
decision of the court. It is sufficient that it was given
with the intent to favor the accused (REYES, Book
Two, supra at 313).
Three forms of false testimony:
1. False Testimony in Criminal Cases (Arts. 180-
181);
2. False Testimony tn Civil Cases (Art. 182); and
3. False Testimony in other cases (Art. J83).
ARTICLE 180
FALSE TESTIMONY AGAINST A
DEFENDANT
ELEMENTS: (COKA)
1. There be a friminal proceeding;
2. The offender testifies falsely under Oath against
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the defendant therein;
· 3. The offender who gives false testimony Knows
that it is false; and
4. The defendant against whom the false testimony
is given is either Acquitted or convicted in a final
judgment (People v. Maneja, G.R. No. 4768{
June 10, 1941).
The four cases enumerated in Art. 180 uniformly
presuppose a final judgment of conviction or
acquittal in the basic case as a prerequisite to the
actionability of the crime of false testimony against
the defendant. This is because the penalty for false
testimony against the defendant in a criminal case
depends upon the sentence imposed on the person
against whom the false testimony was given
(REYES, Book Two, supra at 311-312).
Defendant must be sentenced to at least a
correctional penalty or a fine, or must be acquitted
(REYES, Book Two, supra at 312).
ARTICLE 181
'~1,t~;TESTIMONY FAVORABLE
-,~-,;,,s,, /",' ',' ,,
T-0 THE DEFENDANT
False testimony is punished not because of the
effect it actually produces, but because of its
tendency lo favor or ta prejudice the defendant
(REYES; Book Two, supra at 313).
The f;Is~:tt'.~~r;~ favor of the defendant need
not directly influence the decision of the acquittal and
it need not benefit the defendant (Id.).
C<>rwtefl()t!j
or acquittal of the defendant in the
principal case is not necessary. It is sufficient that
the defendant is prosecuted for a felony punishable
by afflictive or by other penalty (Id. at 314).
A defendant who falsely testifies in his own behalf in
a criminal case can only be guilty of Art. 181 when
he voluntarily goes upon the witness stand and
falsely imputes to some other person the
commission of a grave offense. If he merely denies
the commission of the crime or his participation
therein, he should not be prosecuted for false
testimony (U.S. v. Soliman, G.R. No. 11555, January
6, 1917). ·
A statement by a witness that he is an expert in
handwriting is a statement of mere opinion, the
falsity of which is not sufficient to convict him of false
testimony (U.S. v. McGovern, G.R. No. 2029, April
25, 1905).
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Criminal Law

Rectification made spontaneously after realizing the CIVIL CASE

mistake is not false testimony (REYES, Book Two, An ordinary suit in a court of justice, by which one
supra at 315). ·
party prosecutes another for the enforcement or
protection of a right, or the prevention or redress of
The accused is not lia.ble if there is no sufficient · a wrong and that every other remedy is a special
evidence that he acted with malice or with criminal proceeding (Metropolitan Bank & Trust Co. v.
intent to testify (El Pueblo de Filipinas v. Ambal, G.R. Santos, G.R. No. 157867, December 15, 2009).
No. 46954, June 14, 1940).
Art. 182 applies only to ordinary or special civil
BASIS OF PENAL TY actions and supplementary or ancillary proceedings
The gravity of the crime for which the defendant was therein (U.S. v. Gutierrez, G.R. No. 4750, January
prosecuted in the case where the false testimony 19, 1909) and not to special proceeding (REYES,
was given should be shown in order to determine the Book Two, supra at 316).
proper penalty to be imposed on the false witness
(REYES, Book Two, supra at 314). The criminal action for false testimony must be
suspended when there is a pending determination of
NOTE: Testimony must be complete. the falsity of the subject testimonies of private
respondents in the civil case (Ark Travel Express v.
FALSE TESTIMONY IN FAVOR OR Abrogar, G.R. No. 137010, August 29, 2003).
AGAINST THE ACCUSED; EFFECPON
.NOTE: Arts. 180-183 applies if the accused was
PRESCRIPTIVE PERIOD, convieted ofa.crime punished by a special law and
False Testimony False Testimony Jhe penalty impoi:,ed was taken from the RPC and
Against a Defendant Favorable to th e denominated as such. However, if the accused is
(Art 180 , Defendant convicted of a violatwn of a special law with its own
. " (Art. 181) special penalty: the w~tnesswho falsely testified will
be punished under Art 183 (REGALADO, supra at
Prescriptive period will Arescriptfve period 466). . ,
not begin ·to run as long right after
GQITU1'10!'.lces
as the case has not been the witness testified
decided with finality ~ecause the basjs of the ARTICLE 183
because the basis of the r:>enalty,on .the false , PE~JURY
penalty on the false witnes~ is the felony
witness is the sentence charged to the·accused. PERJURY,
on the accused. ·•
1t is the willful and corrupt ·assertion of falsehood
(BOADO, supra at 502). under ·oath or affirmation administered by authority
of taw,ona materral matter (Villanueva v. Secretary
ARTICLE 182 of Justice, G.R. No. 162187, No~ember 18, 2005).
FALSE TESTIMONY IN CIVlt CA$a:;S
TWO ~lAYS OF COMMITTING PERJURY:
ELEMENTS: (CIF.-KI) 1. By falsely testifying under oath; and
1. The testimony must be given in a ~,ivil case;
2. The testimony must relate to the !ssues NOTE: Should I\JOTbe in a judicial proceeding.
presented in said case;
3. The testimony must be .E alse; 2. By making a false affidavit (REYES, Book Two,
4. The false testimony must be given by the supra at 318).
defendant Knowing it to be false; and
5. The testimony must be malicious and given with ELEMENTS: (SCAR)
an !ntent to affect the issues presented in said 1. The accused made a §tatement under oath or
case (U.S. v. Aragon, G.R. No. 2709, December executed an affidavit upon a material matter;
28, 1905). 2. The statement or affidavit was made before a
~ompetent officer authorized to receive and
BASIS OF PENAL TY administer oath;
Penalty depends on the amount of controversy 3. In that statement or affidavit, the accused made
whether such amount - exceeds 1,000,000; · if not a willful and deliberate Assertion of a falsehood;
exceeding 1,000,00; or if it cannot be estimated and .
(REYES, Book Two, supra at 315). 4. The sworn statement or affidavit containing the
falsity is Beqwired by law or made for a legal

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purpose (Union Bank of the Phils. v. People, (Masangkay v. People, G.R. No. 164443, June 18,
G.R, No. 192565, February 28, 2012). 2010).

NOTE: However, in People v. Ang-angco (G.R. No. COMPETENTPERSONAUTHOR~EDTO

L-47693, October 12, 1943), the SC held that the ADMINISTER OATH
statement need not be required but it was sufficient
if itwas authorized by law to be made. ' A person who has a right to inquire into the questions
presented to him upon matters under his jurisdiction
(U.S. v. Go Chanco, G.R. No. 6861, December 28,
ESSENTIAL ELEMENTS OF PROOF OF 1912).
PERJURY:
1. The statement made by the defendants must be Art. 183 governs false testimony given in cases other
proven false; and than those punished in Arts. 180-182, and in actions
2. It must be proven that the defendant did not for perjury (Union Bank of the Phils. v. People, G.R.
believe those statements to be true (BOADO, No. 192565, February 28, 2012).
supra at 505).
Good faith or lack of malice is a defense in perjury
NOTE: Knowledge by the accused of the falsity of (People v. Abaya, G.R. No. 47710, December 28,
his statement may be proved by his admissions or 1942).
by circumstantial evidence (Id.).
TYPES OF MATERIALITY OF FALSE
OATH TESTIMONY, DISTINGUISHED
Any form of attestation by which a person signifies·
that he is bound in conscience to perform an act
faithfully and truthfully (Rodriguez v. Villamiel, G.R'.
No. 44328, December 23, 1937). ny reasonable concerns
egree to collateral
AFFIDAVIT stablish the matters which
A sworn statement in writing; a declaration in writing, robability or make more or
made upon oath before an authorized magistrate or ..probability of less probable
officer (REYES, Book Two, supra 319). fact in issue the proposition
at issue
MATERIAL MATTER
The main fact which is the subject of the inquiry or
any circumstance which tends to prove that fact, or ERTION OF FALSEHOOD MUST BE
any fact or circumstance which tends to <;orrooorate
AND DELIBERATE
or strengthen the testimony relative to thf subject of
inquiry, or which legitimately affects the credit of any There is no perjury through negligence or
witness who testifies (Masangkay v. PeQple, GR. imprudence since the word 'knowingly' under Art.
No. 164443, June 18, 2010). 183 suggests that the assertion of falsehood must
be willful and deliberate (REYES, Book Two, supra
There is no perjury if sworn statement is not at 323).
important, essential, or material to the principal
matter under investigation (U.S v. Jurado, G.R. No. . NOTE: Bona fide belief in the truth of a statement is
10719, September 24, 1915). an adequate defense. A false statement which is
obviously a result of an honest mistake is NOT
Proof that the accused has given contradictory perjury (II CAMPANILLA, Reviewer, supra at 144).
. .
testimony under oath at a different time will not be
sufficient to establish the falsity of the testimony Two contradictory sworn statements are not
charged as perjury, for this would leave simply one sufficient to convict of perjury. The prosecution must
oath of the defendant as against another, and it prove which of the two statements is false, and must
would not appear that the testimony charged was show that statement to be false by other evidence
false rather than the testimony contradictory thereof. than the contradictory statement (U.S. v. Capistrano,
The two statements will simply neutralize each other;· G.R. No. 15001, March 1(;, 1920).
there must be some corroboration of the
contradictory testimony. Such corroboration SUBORNATION OF PERJURY
however, may be furnished by evidence aliunde It is committed by a person who knowingly and
tending to show perjury independently of the willfully procures another to swear falsely, and the
declarations of testimony of the accused witness suborned does testify under the

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circumstances rendering him guilty of perjury (U.S.
v. Ballena, G.R. No. 6294, February 10, 1911).
It is not expressly penalized in the RPC. If the act is
committed, the person who procured another to
swear falsely or testify under circumstances that
would make him liable for perjury, would be
. criminally liable as principal by inducement in the
crime of perjury and the person procured or induced
shall be liable as a principal by direct participation
(People v. Pudol, G.R. No. 45618, October 18,
1938).
FORGERY, FALSIFICATION, PERJURY,
AND FALSE TESTIMONY,
DISTINGUISHED .
The subject is treasury note,
bank note, or any instrument
payable to order or bearer. -If
other documents, it is falsification.
The subject matter ' is private,
public, official, or ,~omniercial
documents not reQujred by law
generally to be __ sworn to,
otherwise it is perjury'.
Testimony given in
administrative . proceedings,
Congressional bodies and
hearings, ' not in judicial
proceedings, otherwise it is false
testimony. ,,
'
Oral testimony given ill court or
judicial proceedings, for or
against an accu~_d or reipo11~enl
in civil or criminal cases ··
(BOADO, supra at 506).
ARTICLE 184
OFFERING FALSE TESTIMONY IN
EVIDENCE
ELEMENTS: (FOK)
1. The offender offered in evidence a Ealse witness
or testimony;
2. The Offer was made in a judicial or official
proceeding; and
3. He _!Snewthe witness or testimony was false
(REYES, Book Two, supra at 327-328).
Art. 184 :contemplates of.a case where a person,
without inducing another, but knowing him to be a
false witness, presented him, and the latter testified
falsely in a judicial or official proceeding. If there is
inducement, Art. 180, 181, 182 or 183 in relation to
Art. 7 Par. 2 will apply (Id. at 328).
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CRIMINAL LAW II
Criminal Law
!f there is conspiracy, the witness having desisted
before he could testify on any material matter, is not
liable, because desistance during the attempted
stage is an absolutory cause (Id.).
If committef2lin a judicial proceeding, penalty is that
for false testimony and if committed in other offici~I
proceeding, the penalty is that for perjury (Id. at 329).
CHAPTER THREE:
. FRAUDS
(ARTS. 185-189)
SECTION ONE:
MACHINATIONS, MONOPOLIES,
AND COMBINATIONS
ARTICLE 185
MACHINATIONS IN PUBLIC AUCTIONS
PUNISHABLE ACTS:
1. Soliciting any gift or, promise as a
- consideration for refraining from tal<ing
part in any public auction; and
ELEMENTS: (ASCl)
a. There be a public Auction;
b. The accused §.olicited any gift or a promise
from.any of the bidders;
c. Such gift or promise was the fonsideration
for his refraining from taking part in that
public auction; and
d. The accused had the !ntent to cause the
reduction of the price of the thing auctioned.
NOTE: It is consummated by mere solicitation
(Id. at 331).
2. Attempting to cause bidders to stay .
away from an auction by threats, gifts,
promises, or any other artifice.
ELEMENTS: (AA Tl)
a. There be a public Auction;
b. The accused Attempted to cause the buyers
to stay away from that public auction;
c. It was done by !hreats, gifts, promises or
any other artifice; and -
d. The accused had the !ntent to cause the
reduction of the price of the thing auctioned
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MEM:Q-:RY
Al D .
San Beda University College of Law - RGCT Bar Operations Center
(Id.)
NOTE: It is consummated by mere attempt (Id.
at 332).
Under the Philippine Competition Act, an
agreement between or among competitors, fixing
. price at an auction or in any form of bidding including
cover bidding, bid suppression, bid rotation and
market allocation and other analogous practices of
bid manipulation are per se prohibited (R.A. 10667, .
Sec. 14(a)(2)).
COMMON BID MANIPULATION
PRACTICES:
1. Bid Cover ·
occurs when individuals or firms agree to
submit bids that involve at least one of the
following:
a. A competitor agrees to submit a bid that is
higher than the bid of the designated winner;·
b. A competitor submits a bid that is known to be
too l'ligh to be accepted; or
c. A competitor submits a bid that contains
special terms that are known to be
unacceptable to the purchaser.
2. Bid Suppression
involve agreements among competitors in
which one or more companies agree to refrain
from bidding or withdraw a previous\y ..submitted
bid so that the designated winner's bid will be
accepted.
3. Bid Rotation
conspiring firms continue to bid, but they
agree to take turns being the winning bidder.
4. Market Allocation
competitors carve up the market ad agree
not to compete for certain customers or in certain
geographic areas (REYES, Book Two, supra at
333-334).
ARTICLE 186
MONOPOLIES AND COMBINATIONS
IN RESTRAINT Of TRADE
Article 186 has been repealed by R.A. No. 10667,
Philippine Competition Act (approved on July 21,
2015). However, violations of Article 186 prior to the
effectivity of R.A. 10667 may continue to be
prosecuted unless barred by prescription and
subject to the procedure under Sec. 31 of R.A.
10667 (R.A. 10667, Sec. 55).
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ANTI-COMPETITIVE AGREEMENTS
UNDER THE PHILIPPINE COMPETITION.
ACT:
1. Agreements, between or among competitors,
that are per se prohibited:
a. Restricting competition as to price, or
components thereof, or other terms of trade;
b. Fixing price at an auction or in any form of
bidding including cover bidding, bid
suppression, bid rotation and market
· allocation and other analogous practices of
bid manipulation (R.A. 10667, Sec. 14, Par.
a).
2. Agreements, between or among competitors,
which have the object or effect of substantially
preventing, restricting or lessening competition
shall be prohibited: '
a. Setting, limiting, or controlling production,
markets, technical development, or
investment;
b. Dividing or sharing the market, whether by
volume of sales or purchases, territory, type
of goods or services, buyers or sellers or
... any~ther means (R.A. 10667, Sec. 14 Par .
. \'""'.1m,•"
3. Agreements other than those specified in (a)
and (b) if.,hich have the object or effect of
subs\antially preventing, restricting or lessen.ing
competition s~II also be prohibited: Provided,
thtl~--<~~ttt,;~ntribute to improving the
proa~~-distribution of goods and services
or to promoting technical' or economic progress,·
while allowing consumers a 'fair share of the
/.r~sulting benefits, may not necessarily be
022
·d~meaa violation of this Act (R.A. 10667, Sec.
14, Par. c).
An entity that controls, is controlled by, or is
under common control with another entity or
entities, have common economic interests, and
are not otherwise able to· decide or act
independently of each other, shall not be
considered competitors for purposes of this
section (R.A. 10667, Sec. 14).
ABUSE OF DOMINANT POSITION
UNDER THE PHILIPPINE COMPETITION
ACT
It shall be prohibited for one or more entities to
abuse their dominant position by engaging in
conduct that would substantially prevent, restrict or
lessen competition (R.A. 10667, Sec. 15).
Examples:
1. Imposing barriers to entry or committing acts
that prevent competitors from growing within the
market in an anti-competitive manner except
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CRIMINAL LAW II
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those that develop in the market as a result of or

arising from a superior product or process, SECTION TWO:
business acumen, or legal rights or laws; FRAUDS IN COMMERCE AND
2. Making a transaction subject to acceptance by INDUSTRY
the other parties of other obligations which, by
their nature or according to commercial usage,
have no connection with the transaction (Id.}. ARTICLE 187
IMPORTATION AND DISPOSITION OF
ANTI-COMPETITIVE MERGERS AND
FALSELY MARKED ARTICLES OR
ACQUISITIONS UNDER THE PHILIPPINE
MERCHANDISE MADE OF GOLD,
COMPETITION ACT
SILVER OR OTHER PRECIOUS METALS
Merger or acquisition agreements that substantially
prevent, restrict or lessen competition in the relevant OR THEIR ALLOYS
market or in the market for goods or services as may
be determined by U,e Philippine Competition ARTICLES OR MERCHANDISE
Commission shall be prohibited (R.A. 10667, Sec. INVOLVED ARE THOSE MADE OF:
20). :
1. Gold;
2. Silver;
NOLO CONTENDERE (NO CONTEST 3. Qther precious metals; or
PLEA) 4. The'rra!loys.
An entity charged in a criminal proceeding pursuant
to Section 14(a) and 14(b) may enter a !'.)leaof Nolo ELliMENTS: {IKSA)
Contendere, in which he does not apcepl nor deny 1. Jhe ·offender !mports, sells or disposes any of
responsibility for the charges _butagrees to accept those articles or'merchandise;
punishment as if he had pleaded g\!ifty. the plea
2. The offender 1Snaws that the stamps, brands, or
cannot be used against the defendant entity to prove
liability in a civil suit arising from the criminal action marks fail i.to indieate the actual fineness or
nor in another cause of action.J>~ovidedthat a plea quality of said meta,1or alloy; and
of Nolo Contendere may ~be en'3red only up to 3. The Stamp$, brancl$ or marks of those articles
arraignment and subsequently, ' only with the or .mercharidis~· f!il to indicate the Actual
permission of the court whjch sMII accept _it onty fineness' orltu.c).!ityJ>fsaid metal or alloy(Id. at
after weighing its effect on the pa~. thep4b:~ and 349).
the administration of justice {f?.A.10.~67, Sec. 36).
. -NOT~: It is ,rl~tnecessary that misbranded articles
LENIENCY PROGRAM made of g61d, silv~.( etc. be sold and the public be
Subject to conditions under Sec. ~5 of RA:",t0667, · acti.J~UY"'tie~eiveg/'Butthere must be showing that
tr
a Leniency Program may be granted any entityln"~ tbe'a'iticles Wece'imported (Id.}.
the form of immunity from suit or reduction of any
fine which would otherwise be impos~o v,eh a ' ·Art,. l8.7 ·'Boes not apply to the manufacturer of
participant in an anti-competitive agreement under , mIBb'randed articles. The manufacturer is liable for
Section 14(a) and (b) of said act in exchange for estafa under Art. 315 subdivision 2(b) of the RPC (Id.
voluntary disclosure of information regarding such at 350).
an agreement.
ARTICLES 188-189
Mere conspiracy or combination is punished NOTE: Arts. 188 and 189 have been repealed by the
(REYES, Book Two, supra at 347). Intellectual Property Code (Id.}.

If the offense affects any food substance or other REPUBLIC ACT NO. 8293
particles of prime necessity, it is sufficient that initial INTELLECTUAL PROPERTY CODE
steps are taken (Id.).
Approved on: June 6, 1997
When the entitled involved are juridical persons, the
penalty of imprisonment shall be imposed on its (Refer to Commercial Law Memory Aid for adetailed
officers, directors, or employees holding managerial discussion)
positions, who are knowingly and willfully
responsible for such violation (Id.}.

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MEM✓Q~Y AID
San Beda UniversityCollegeof Law- RGCTBar OperationsCenter
INTELLECTUAL PROPERTY
CONSISTS OF: (CT-GIP-TP)
1. _g_opyrightand Related Rights;
2. Irademarks and Service Marks;
3. Geographic Indications;
4. !ndustrial Designs;
5. fatents;
6. Layout-Designs (!opographies) of Integrated
Circuits; and
7. frotection of Undisclosed Information
INFRINGEMENT
It is the use in commerce any reproduction,
counterfeit, copy, or colorable imitation of a
registered mark or the same container or a dominant
feature thereof without the consent of the owner of
the registered mark which such use is likely to cause
confusion, or to cause mistake, or to deceive (R.A.
No. 8293, as amended, Sec. 155. 1).
NOTE: That the infringement takes place regardless
· of whether there is actual sale of goods or services
using the infringing material (R.A. No. 8293, as
amended, Sec 155.2). ·
CIRCUMSTANCES WHEN A PERSON
· INFRINGES AN INTELLE,CTUAL
PROPERTY RIGHT:
1. Directly commits an infringement;
2. Benefits from the infringing activity of another
person wlio commits an infringement if the
person benefiting has been given notice of the
infringing activity and has the right and ability to
control the activities of the other person: or
3. With knowledge of infringing activity, induces,
causes or materially contributes to the infringing
conduct of another (R.A. No. 10372, Sec. 22
amending R.A. No. 8293, Sec. 216).
CRIMINAL ACTION FOR REPETITION OF
INFRINGEMENT
If infringement is repeated by the infringer or by
anyone in connivance with him after finality of the
judgment of the court against the infringer, the
offenders shall, without prejudice to the institution of
a civil action for damages, be criminally liable
therefor (R.A. No. 8293, as amended, Sec. 84).
The making, using, offering for sale, · selling, or
importing a patented product or a product obtained
directly or indirectly from a patented process, or the
use of a patented process without the authorization
of the patentee constitutes patent infringement (R.A.
No. 8293, as amended, Sec. 76).
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RIGHTS LIABILITIES FOR INFRINGEMENT:
(10 3 0)
Any person infringing a right protected under this law
shall be liable:
1. To an Injunction restraining such infringement.
The court may also order the defendant to desist
from an infringement, among others, to prevent
the entry into the channels of commerce of
imported goods that involve an infringement,
immediately after customs clearance of such
goods;
2. To pay to the copyright proprietor or his assigns
or heirs such actual Qamages, including legal
costs and other expenses, as he may have
incurred due to the infringement as well as the
profits the infringer may have made due to such
infringement;
In proving profits, the plaintiff shall be required
to prove sales only and the defendant shall be
required to prove every element of cost which he
claims;
3. To Qeliver under oath, for impounding during the
,,,, ;.. penden~ 1 of the action, upon such terms and
Pii,.xi~-- as the court may prescribe, sales
invoices Md other documents evidencing sales,
all articles and their packaging alleged to
infringe a,cdpyrigtit and implements for making
them;_'
4. To Qeliver under oath for destruction without any
. · · · ' ·nfringing copies or devices, as
we , molds, or other means for
making sue i[!fringing copies as the court may
order; and
ch Other terms and conditions, including the
·. il\t of moral and exemplary damages,
which the court may deem proper, wise and
equitable and the destruction of infringing copies
of the work even in the event of acquittal in a
criminal case (R.A. No. 8293, as amended, Sec.
216.1).
In an infringement action, the court shall also
have the · power to order the seizure and
impounding of any article which may serve as
evidence in the court proceedings (P.O. No. 49,
Sec. 28, Par. c).
In. determining the number of years of
imprisonment and the amount of fine, the court
shall consider the value of the infringing
materials that the defendant has produced or
manufactured and the damage that the
copyright owner has suffered by reason of the
infringement (R.A. No. 8293, as amended, Sec.
217(2)). •
Any person shall be guilty of an offense and shall
be liable on conviction to imprisonment and fine
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if at the time when copyright subsists in a work,
he .has in his possession an article which he
knows, or ought to know, to be an infrihging copy
of the work for the purpose of:
1. Selling, letting for hire, or by way of trade
offering or exposing for sale, or hire, the
article;
2. Distributing the article for purpose of trade,
or for any other purpose to an extent that will
prejudice the rights of the copyright owner in
the work; or
3. Trade exhibit of the article in public (R.A. No.
8293, as amended, Sec. 217(3)).
.UNFAIR COMPETITION
Any person who shall employ deception or any other
means contrary to good faith by which he shall pass
off the goods manufactured by him or in which he
dea_ls,or his business, or services for those of the
one having established such goodwill, or whp,.shall
commit any acts calculated to produce said result,
shall be guilty of unfair competition, and shall be
subject to an action therefor (R.A. No. 8293, as
amended, Sec. 168(2)).
THE FOLLOWING SHALL BE' DEEMED
GUILTY OF · UNFAIR COMPETITION:
(ABS)
1. Any person, who is selling hisgoods and gives
them the general Appearan~e of goods of
another manufacturer or dealer, either as to the
goods themselves or in the wrappmg ·b,f the
packages in which they are contained, or the
devices or words thereon, or in any other feature
of their appearance, which would 'be likely to
influence purchasers to believe that the goods
offered are those of a manufacturer. ''or dealer,
other than the actual manufacturer or d~aier, or '
who otherwise clothes the goods· w.iJ_hsuch
appearance as shall deceive the public and
defraud another of his legitimate trade, or any
subsequent vendor of such goods or any agent
of any vendor engaged in selling such goods
with a like purpose;
2. Any person who by any artifice, or device, or
who employs any other means calculated to
induce the false ~elief that such person is
offering the services of another who has
identified such services in the mind of the public;
or;
3. Any person who shall make any false ~tatement
in the course of trad e or who shall commit any
other act contrary to good faith of a nature
calculated to discredit the goods, business or
services of another (R.A. No. 8293, as
amended, Sec. 168, Par. 3).
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CRIMINALLAWII
Criminal Law
FALSE DESIGNATIONS OF ORIGIN;
FALSE DESCRIPTION OR
REPRESENTATION
Any person shall be liable for damages and
injunction provided in Secs. 156 and 157 of R.A. No.
8293 to any person who believes that he or she is or
is likely to be damaged by such act, if on or in
connection with any goods or services, or any
container for goods, uses in commerce any word,
term, name, symbol, or device, or any combination
thereof, or any false designation of origin, false or
misleading description of fact, or false or misleading
representation of fact, which:
1. Is likely to c::auseconfusion, or to cause mistake,
or to deceive as to the affiliation, connection, or
association of such person with another person,
or as to the origin, sponsorship, or approval of
his or her goods, services, or commercial
activities by another person; or -
- 2. In commercial advertising or promotion,
misrepresents the nature, characteristics,
qualities, or geographic origin. of his or her or
another person's goods, services, or
commer.cial activities (Sec. 169).
Independent of the civil and administrative sanctions
imposed by law, theoffender may also be criminally
liable (Sec. 170).
TRUE.:JEST OFUNFAIR COMPETITION
Whether certain' goocls' have been clothed with an -
appearance which'fo likely to deceive the ordinary
purchaser exercising ordinary care, and not whether
a certain lim1ted class of purchasers could avoid
tn.istake by·the exercise of special knowledge (U.S.
v. Manuel, G_.R.No. L-1999, December 27, 1906).
REPUBLIC ACT NO. 10863
C,USTOMS MODERNIZATION AND
TARIFF ACT
Approved on: May 30, 2016
IMPORTATION
Act of bringing in of goods from a foreign territory into
Philippine territory, whether for consumption,
warehousing, or admission (Sec. 102, Par. z).
NOTE: Importation begins when the carrying vessel
or aircraft enters the Philippine territory with the
intention to 1,mloadtherein (Sec. 103).
IMPORTATION, WHEN DEEMED
TERMINATED:
1. In case of dutiable goods: upon payment of
duties, taxes, and other charges due upon
articles or secured to be paid at a port of entry,
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ME~Q~Y AID
San Beda University College of Law - RGCT Bar Operations Center
209

and legal permit for withdrawal shall have been REWARD TO . PERSONS
granted; or
INSTRUMENTAL IN THE ACTUAL
2 .. In case of duty free goods: until they have
legally left the jurisdiction of the BOC_(R.A. No.
COLLECTION OF ADDITIONAL
10863, Sec. 103). REVENUES ARISING FROM THE
DISCOVERY OF VIOLATIONS
As long as importation has not been terminated, A cash reward equivalent to twenty percent (20%) of
imported goods remain under the jurisdiction of BOC the actual proceeds from the sale of smuggled
(Papa vs. Mago, G.R. No. L-27360, February. 28, goods and confiscated goods or actual coflection of
1968). additional revenues shall be given to the customs
and non-customs informers or whistleblowers (Sec.
SMUGGLING 1512).
Fraudulent act of importing any goods into the
Philippines, or the act of assisting in receiving, PUNISHABLE ACTS (SECS. 1400-1429):
concealing, buying, selling, disposing or transporting 1. Misdeclaration, Misclassification,
such goods, with full knowledge that the same has Undervaluation, in Goods Declaration;
been fraudulently imported, or the fraudulent 2. Unlawful Importation or Exportation;
exportation of goods. Goods referred to under this 3. Failure or Refusal of Party to Give Evidence or
definition shall be known as smuggled goods (Sec. Submit Documents for Assessment;
102, Par. nn). 4. Other Fraudulent Practices Against Customs
Revenue;
TECHNICAL SMUGGLING Failure to Declare Baggage;
Act of importing goods into the country by means of Vessel, Seacraft, or Aircraft Departing Before
fraudulent, falsified or erroneous declaration of the l'.Jndergoing Customs Formalities;
goods to its nature, kind, quality, quantity or weight, Obstruction to Boarding Officer;
for the purpose of reducing or avoiding payment of Unlawful Boarding or Leaving of Vessel or
prescribed taxes, duties and other charges (Sec: Aircraft;
102, Par. pp). 9. Unloading of Cargo Before Arrival at Port of
Entry; . .
OUTRIGHT SMUGGLING 10. Unloading of Cargo at Improper Time or Place
After Arrival; \
Act of importing goods into the country without
11, Failure to Exhibit or Deposit Documents;
complete customs prescribed importation.
12. Bringing of Unmanifested Arms, Explosives or
documents, or without being cleared by Cl,1$tomsor
War Equipment;
other regulatory government agen,cies, for the ,
13. Failure to Supply Advance and Requisite
purpose of evading payment of prescribed taxes, ·" >:ff:.Manifests
duties. and other government charges (Sec. 102,
,,J:1\;i~]:Disappearance of Manifested Goods;
Par. ff).
15. Discrepancy Between Actual and Declared
Weight of Manifested Goods;
UNLAWFUL IMPORTATION 16. Discrepancy With the Master's or Pilot's-in-
Any person who shall fraudulently import or export Command Report;
or bring into or outside of the Philippines any goods, 17. Failure to Report Fraud;
or assist in so doing, contrary to law, or shall receive, 18. False Statement of Vessel's or Aircraft's
conceal, buy, sell, or in any manner facilitate the Destination;
transportation, concealment, or sale of such goods 19. Affixing Seals without Authority;
after importation, or shall commit technical 20. Breaking of Seal Placed by Customs Officers;
smuggling as defined in this Act shall be punished 21. Breaking of Lock or Fastening Placed by
depending on the appraised value of the goods Customs Officers;
unlawfully imported (Sec. 1401). 22. Removal, Breakage, and Alteration of Marks;
23. Um;1uthorized Withdrawal of Imported Goods
NOTE: When, upon trial for violation of this section, from Bonded Warehouse;
the defendant is shown to have had possession of 24. Removing or Repacking Goods in Warehouse;
the goods in question, possession shall be deemed 25. Removing Goods from Customs Custody;
sufficient evidence to authorize conviction unless the 26. Failure to Pay Duties, Taxes and Other
defendant shall explain the possession to the Charges;
satisfaction of the court. Each act of unlawful 27. Failure to Keep Importation Records and Full
importation shall be deemed as a separate offense. Access to Customs Officers;
(Sec. 1401, Par. 11). 28. Concealment or Destruction of Evidence of
Fraud
29. Anchoring at any dock, pier, wharf, quay, _or

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CRIMINAL LAW II
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bulkhead other than a port of entry; PRESIDENTIAL DECREE NO. 1602

30. Dumping of garbage or stops over the sides of
ANTI-GAMBLING LAW
the vessel within three (3) mites from the nearest
coastline; Approved on: June 11, 1978
31. Dumping or causing to spread crude oil,
kerosene, or gasoline in the bay or at the piers Arts. 195-199 and provisions of P.O. No. 483 and.
within three (3) mites from the nearest coastline; 449 are repealed insofar as they are inconsistent
32. Loading gasoline or any other petroleum with P.O. No. 1602,. which provides for stiffer
products at a place other than that designated · penalties for violation of the Gambling Laws.
by the regulations;
33. Causing the emission and spread of harmful GAMBLING
gas, fumes and chemicals; Any game or scheme, whether upon chance or skill,
34. Transporting hazardous waste, radioactive wherein wagers consisting of money, articles of
waste and other toxic substances as provided value or representative of value are at stake or made
under the Basel Convention and Republic Act (Sec. 1, Par. a).
No. 6969, otherwise known as the "Toxic
Substances and Hazardous and Nuclear PERSONS LIABLE: (TaP 3- GoMBS)
Wastes Control Act of 1990." 1. Any person Taking part, directly or indirectly in
NOTE: For offenses with a penalty of imprisonment, any illegal or unauthorized activities or games of
in addition to fine, and the ·offender is a foreigner, cockfighting, jueteng, jai alai or horse racing to
the tatter shalt also be deported after serving inc:lm:ie bookie operations and game fixing,
sentence. numt>ers;. bingo, and other forms of lotteries;
·G{;lra;:ycruf1 tJ,Ompiangand the like; 7-11 and any
game llSfb~l dice; black jack, lucky nine, poker
TITLE F~!_·· /~. .... ·· and Its· derh.>a\ves, monte, baccarat, cuajo,
pan{lgu,bl)~ ahd\?ther card games; paik que,
highi and'. row, rhahjong, domino, and other
CRIMES REUATJITETO ga~s using Zpla;tic tiles and the like; slot
OPIUM ANll.dtHER macfiines, ·· rotllet\e, pinball, and other
· mechanical . COQ!JPftions and devices; dog
PROHIBITED.DRUGS
. . . .. '. rac:ing, boa(?racin€J,i·carracing, and other forms
....
otraces~ ba§~.et,t>atf, boxing, volleyball, bowling,
J;Jfngpong,,nd oth-r forms of individual or team
··CQ_Rtests tb lnctu~ game fixing, point shaving,
This title has been repeateJ:.by Re~µblic Ace"r4o.
9165, otherwise known as '•t_he Con:iprehetfsive·· • •
andoth~ machidations; banking or percentage
game, or any other game or scheme, whether
Dangerous Drugs Act of 2002, as
amended by R;A:•. t.ip.orfcbanceifr skill, wherein wagers consisting
No. 10640. . ..
.., • of money, .articles of value or representative of
valueareat stake or made; .
(Refer to SPL part for a detailed dist~sion: See
page 434) · •·· 2~ Ahy,.person knowingly fermitting any form of
··"gambling previously enumerated to be carried
on in an inhabited or uninhabited place or in any
building, vessel or other means of transportation
owned or controlled by him;
TITLE SIX:
CRIMES AGAINST ELEMENTS: (POP)
a. A gambling game was carried on in an
PUBLIC MORALS inhabited or uninhabited flace or in any
building, vessel or other means of
transportation;
b. The place, building, vessel or other means
of transportation is Owned or controlled by
CHAPTER ONE: the offender; and
GAMBLING AND BETTING c. The offender fermitted the carrying on of
such game, knowing that it is a· gambling
(ARTS. 195-199) game (REYES, Book Two, supra at 429).

3. Any person knowingly fermitting any form of

gambling to be carried on in a place which has a
reputation of a gambling place or where

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MEK-Q~YAID
San Seda University College of Law - RGCTBar OperationsCenter

prohibited gambling is frequently carried on ELEMENTS OF LOTTERY: (CCP)

therein, or in a public or government building or 1. ,g,onsideration;
barangay hall; 2. ,g,hance; and
4. Any person who knowingly and without lawful
3. f rize or some advantage or inequality in amount
purpose in any hour of any day, _e_ossesses any or value which is in the nature of a prize (Uy v.
lottery list, paper or other matter containing v. Palomar, G.R. No. L-23248, February 28,
letters, figures, signs or symbols pertaining to or 1969).
in any mann~r used in the games of jueteng, jai
alai, or horse racing bookies and similar games There is no lottery when there is full value for money
of lotteries and numbers which have taken place and the prize is merely incidental (U.S. v. Olsen,
or about to take place; G.R. No. 11602, March 6, 1917).
5. A Government official who is a maintainer,
conductor or banker of the gambling schemes,
or the player, promoter, referee, umpire, judge
ILLEGAL NUMBER GAMES
or coach in case of game fixing, point shaving Any form of illegal gambling activity which uses
and other machinations; numbers or combinations thereof as factors in giving
6. The Maintainer or conductor of the above out jackpots. It includes games such as jueteng,
gambling schemes; masiao and last two (R. A. 9287, Sec. 2, Par. a).
R.A. No. 9287 increased the penalties for illegal
Maintainer is the person who sets up and number games, amending certain provisions of P.D.
furnishes the means with which to carry on the No. 1602.
gambling game or scheme (Id. at 360).
The Philippine Charity and Sweepstakes Office
Conductor is the person who manages <:or (PCSO) has the authorityto hold and conduct charity
carries on the gambling game or scheme (Id.). · sweepstakes, lotteries and similar activities (R.A.
·• . 1, Par. a, as amended by B.P. Big.
7. Any §_arangay official who, with knowledge of __. 1157) in order to raise and provide
the existence of a gambling house orpiace in his funds for c~ity programs or those of national
jurisdiction, fails to abate the same orlake action_ character. l :!\ _
< .,, ''ic

in connection therewith; or -·~ JI} !~ q,

8. Any §_ecurity officer, security ~ard, watCRman, Parlor gajhe~; ar~.,exempted such as those during
private or house detective:iOf hotett~,,.villages, wakes, · es~ the\vake is unnecessarily prolonged
buildings, enclosures and tM like whlct, have. as to duct illegal gambling.
the reputation of a gamblfng place or where
gambling activities are being held. Provisions of Art. 195-199 of the Revised
Penal Code, as amended, Republic Act No. 3063,
NOTE: Proof that the game took place or1~atfout to · tial Decrees Numbered 483, 449, 510 and
take place is not necessary (Encarnaciotlv. Peqpj,,• .,:, of instructions, laws, executive orders,
G.R. No. 48227, September 9, 1942). • --•-
'"· rules and regulations, city and municipal ordinances
.,,..,/E,'<';;--,"::;t which are inconsistent with this Decree are hereby
However, proof that jueteng lists were used on the repealed (P.O. No. 1602, Sec. 3).
date of the raid or immediately prior to or after said
date is necessary when they pertain to games , ARTICLE 196
played on other dates (REYES, Book Two, supra at IMPORTATION SALE AND
430). POSSESSION OF LOTTERY TICKETS
A mere bystander or spectator in a gambling game
OR ADVERTISEMENTS
is not criminally liable because he does not take part
therein, directly or indirectly. The law does not make ACTS PUNISHED RELATIVE TO
the mere presence in a gambling house an offense LOTTERY TICKETS OR
(U.S. v. Palma, G._R.No. 2188, May 5, 1905). ADVERTISEMENTS: (IPIS 2)
1. !mporting into the Philippines from any foreign
LOTTERY place or port any lottery ticket or advertisement;
It is a scheme for the distribution of prizes by chance 2. fossessing, knowingly and with Intent to use,
among persons who have paid, or agreed to pay, a lottery tickets or advertisements;
valuable consideration for the chance to obtain a 3. §_elling or distributing the same in connivance
prize (U.S. v. Fi/art, G.R. No. 10263, March 13, with the importer; and
1915). 4. §_elling or distributing the same without
connivance with the importer
(REYES, Book Two, supra at 362).

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CRIMINAL LAW II
Criminal Law

upon conviction, be punished by prision

The possession of any lottery ticket or advertisement correccional in its maximum period and a fine of
is prima facie evidence of an intent to sell, distribute 2,000 pesos with subsidiary imprisonment in
or use the same (RPG, Art. 196, Par. 3). case of insolvency, at the discretion of the court.
This penalty shall also be imposed when the
PRESIDENTIAL DECREE NO. 483 offenders compose a syndicate of five or more
PENALIZING BETTING, GAME-FIXING persons.
2. In case of any other offender, he shall, upon
OR POINT-SHAVING AND conviction, be punished by prision correccional
MACHINATIONS IN SPORT CONTESTS in its medium period and a fine of 1,000 pesos
Approved on: June 13, 1974 with subsidiary imprisonment in case of
insolvency at the discretion of the court.·
NOTE: This repealed Article 197 (Betting in Sports 3. When the offender is an official or employee of
Contests) of the RPC. any government office or agency concerned with
the enforcement or administration of laws and
PUNISHABLE ACTS: regulations on sports, the penalty provided for in
Betting, game-fixing, point-shaving, game the preceding paragraph shall be imposed. In
machination, in connection with the games of addition, he shall be disqualified from holding
basketball, volleyball, softball, baseball, chess, any public office or employment for life. If he is
boxing bouts, 'Jai-afai," "pelota" and all other.sports an alien, he may be deported (Sec. 3).
contests, games or races; as well as beWng thereiin
except as may be authorized by law (Sec. 2). · ARTICLE 198
ILLEGAL BETTING ON HORSE RACES
DEFINITIONS:
1. Betting . PuNrsHASLEAcTs:
betting money or any object or article of 1. Betting ofl horse·· races during the periods not
value or representative Qf_value.upon the result all9Vyed by law~an~
of any game, races and 6thersports coritests. 2. Maintaining• Qr...employing a totalizer or other
device or scheme for betting on races or
2. Game-fixing realizing profirtMr~rom, during the periods not
any arrangement, combination, .scheme or all0wed by Jaw (RE.YES, Book Two, supra at
agreement by which the res1;.1ltof .any;game, 366).
races or sports contests st:ialf be i)redictedand/or
known other than on the basis ··of the ~onest Totalizer ,
playing . skill ~r ability of the · players or It is a maahine for> registering and indicating the
participants. · · IJumber .and nature of bets made on horse races
((q.),
3. Point-shaving
any such arrangement, combinatlon, HORSE· RACES ARE ALLOWED
scheme, or agreement by which the skill orabilJiy DURING:
of any player or participant in a game, races or
1. Sundays not reserved;
sports contests to make points or scores shall be
2. 24 Saturdays; and
limited deliberately in order to influence the result
3. Legal Holidays, EXCEPT:
thereof in favor of one or the other team, player
a. Independence Day;
or participant therein.
b. Rizal Day;
c. Registration or Voting day;
4. Game machination d. Holy Thursday; and
any other fraudulent, deceitful, unfair or e. Good Friday (R.A. No. 309, Sec. 4).
dishonest means, method, manner or practice
employed for the purpose of influencing the result
of any game, race or sports contest (Sec. 1). HORSE RACES ARE NOT ALLOWED
ON:
LIABILITY OF OFFENDERS: 1. July 4 th of each year (R.A. 137);
1. When the offender is an official, such as 2. December 30 th of each year (R.A. .229);
promoter, referee, umpire, judge, or coach in the 3. Any registration or voting days (R.A. 180); and
game, race, sports contests, or the manager or 4. Holy Thursday and Good Friday (R.A. 946) (Id.).
sponsor of any participating team, individual, or
player therein, or participants or players in such Any race held on the same day and at the same
games, races, or other sports contests, he shall, place shall be held punishable as a separate offense

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MEM:Q~YAID
San 8ed8 UniversityCollege of Law - RGCTBar Operations Center

(RPC, Art. 198, Par. 2).

ARTICLE 199 CHAPTER TWO:

· ILLEGAL COCKFIGHTING OFFENSES AGAINST
Modified by: P.O. No. 449 (Cockfighting Law of DECENCY AND GOOD
1974) approved on May 9, 1974.
CUSTOMS
PERSONS LIABLE: (ARTS. 200-202)
1. Any person who, directly or indirectly,
participates in cockfights, by betting money or
other valuable things on a day other than those
permitted by law;
ARTICLE 200
2. Any person who, directly or indirectly, organizes GRAVE SCANDAL
cockfights at which bets are made on a day other
than those permitted by law; . ELEMENTS: (AHNaP)
3. Any person who, directly or indirectly, 1. The offender performs an Act or acts;
participates in cockfights, by betting money or 2. Such act or acts be ,!:!ighly scandalous as
other valuable things at a place other than a offending against decency or good customs;
licensed cockpit; 3. The highly scandalous conduct is Not expressly
4. Owner, manager or lessee of the cockpit who falling within any other Art.of the RPC; and
shall permit gambling of any kind on the 4. The act or acts complained of be committed in a
premises of the cockpit or place of cockfighting Public place or within the public knowledge or
during cockfights. · ~ew (REYES, Book Two, supra at 432).

NOTE: Spectators in a cockfight are not liable

(REYES, Book Two, supra at 370). It means pro~,ety of conduct; proper observance of
the require.~nts of modesty, good taste, etc.
COCKFIGHTING IS ALLOWED l)URING: · (REYES, BPok two, supra at 433).
! ~ '< -
1. Sundays;
2. Legal Holidays, EXCEPT:
a. Rizal Day; sage· and social conventions
b. Independence Day; I0n and enforced by social
c. · National Heroes Day; ny violation thereof (Id.).
d. ' Holy Thursday;
e. Good Friday; l(E SCANDAL
f. Election or Referendum Day; and cts which are offensive to decency and
g. During the registration days for ·election or good customs which, having been committed
referendum; ... publicly, tiave given rise to public scandal to persons
3. During local fiestas for not more than ihtee (3) who have accidentally witnessed the same (Id.).
days;and
4. During provincial, city or municipal, agricultural, The act punishable by Art. 200 are those which by
commercial or industrial fair, carnival or their publicity and character can cause public
exposition for a similar period of three (3) days scandal among the person witnessing them, besides
(P.O. No. 449, Sec. 5, Par. d). being contrary to morals and good customs (Id).

Articles 195 to 199 of the Revised Penal Code

WHERE ACT MUST BE PERFORMED:
punish,ed illegal gambling. However, P.O. No. 1602 .
has repealed Articles 195 to 199 of the Revised 1. Public place; or
Penal Code. Now, P.O. No. 1602 punishes all forms 2. Private place, within public knowledge or view
of gambling (II CAMPANILLA, Reviewer, supra at (U.S. v. Samaniego, G.R. No. 5115, November
185). 29, 1909).

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CRIMINALLAW II
Criminal Law

PUBLIC PLACE AND PRIVATE PLACE, orders, decrees and edicts.

DISTINGUISHED 4. Those who shall §ell, give away or exhibit films,
prints, engravings, sculptures or literature which
PUBLIC PLACE PRIVATE PLACE are. offensive to morals (RPG, Art. 201 as
amended by P.O. No. 960 and 969, July 24,
As to Public View 1976).
An act committed in a If in a private place, the
What is punished is the distribution of indecent
public place is deemed act must be committed
literature, etc., to many people and not merely
to be committed in in public view, i.e., there
the isolated, casual or occasional act of giving
public view because must be one or more
such kind of literature to a single recipient
the possibility of being persons who witnessed
(REYES, Book Two, supra at 376 citing People
witnessed by . third the act. (BOADO,
v. Tempongko, 1 C.A. Rep. 317).
persons. Compact Reviewer,
supra at 333).
NOTE: The offense in any of the forms under Article
201 is committed only when there is
NOTE: When the acts were performed in a private publicity (Fernando v. Court of Appeals, G.R. No.
house and seen by one person, the crime was not 159751, December 6, 2006).
committed. This circumstance does not constitute
the degree of publicity which is an essential element MO~ALS
of the crime (U.S. v. Catajay, G.R. No. 2785;~ugust •lmpliei, •cqnformity with the generally accepted
23, 1906). .· ·,
_stanqardl:l of'°"goodness or rightness in conduct or
cllafa~ter, S(:)r'A~times, specifically, to sexual
. ARTICLE 291'°::, ..,, conduct,(Rf;'f'ES, Book Two, supra at 435).
IMMORAL DOCTRIN6~- OB$CENE
PUBLICATIONS ANO'EXl:iiBITIONS, 0BSC1eNe' \
AND INDECEN'T SH<JWSJ -lt_m_e_a_n....,s-so_m_e...,.'.t,11
...... -de_c_e_n-cy-or
__t,-·ty-,
-,n--,g-o"""fl\l_n_s-iv_e_t_o_c_ha_s
. delicacyj(Fernando v. Court of Appeals, G.R. No.
PURPOSE: The purpose o(tn'e taf
is to ptotectthe 159751, December 6, 2006 citing People v.
morals of the public (REY/$$_,Bb'okTwo, -~upra ·at Kotting1~ G.R. ty&.,~5r~, October 29, 1923).
438
).
PERSONS LIABLE: (DOif}},'~
; ,, ' . . ·, ..
' · ·-~
fESf..-_._.·
___-_,._
OF QR~•NITY
'__,··
__
-._-_7____ ·....i-------
,.;,_g;a;;;_
1_ Those who shall public!~, expOll~d or ,prp~Jlaj_m Tt111!f~t is 'Qhether ,-the tendency of the matter
Qoctrines openly contrary•~o publio_morals; . ·· . . .-cfiar~d as ooscene{lS to deprave or corrupt those
2. The authors of Obscene \terature<_pubJJSQ~(}. "o.k'. wtfosemir;ids are open to such immoral influences,
with their knowledge in any-,,form; tt3· · fto1;:s"J ~r:id ihJo'~-~ose ~nds such a publication may fall
publishing such literatu?'e~,. ,.a"fc.) .. ~.:."···••· .::.:~~-~lsp ~e!_~r or not such publication or act
owners/operators of the establisllmenf • seling .slloC~~-h;ie 9Fdmary and common sense of men as
the same; ... 1
..,,._,_ ap_ in~~~cy (People v. Kottinger, G.R. No. 20569,
"""'•·····••·•····,,.;,,.•QakffJer 29, 1923). _
NOTE: The author of obscene literature is liable
ONLY when it is published with his knowledge INDECENCY
(REYES, Book Two, supra at 435). The crime of It is an act against good behavior and a just delicacy
illegal publication is also committed when the (REYES, Book Two, supra at 436).
real printer's name is not divulged (RPG, Art.
154, Par. 4). Mere nudity in pictures or paintings is not an
obscenity. The proper test is whether the motive of
3. Those who, in theaters, fairs, cinematographs or the picture, as indicated by it, is pure or impure; or
any other place, exhibit Indecent or immoral whether it is naturaHy calculated to excite impure
p!ays, scenes, acts or shows which are imaginations (REYES, Book Two, supra at 436).
proscribed and shall include those which:
a. Glorify criminals or condone crimes; Mere possession of obscene materials, without
b. Serve no other purpose but to satisfy the intention to sell, exhibit, or give them away, is not
market for violence, lust or pornography; punishable under Art. 201, considering the purpose
c .. Offend any race or religion; of the law is to prohibit the dissemination of obscene
d. Tend to abet traffic in and use of prohibited materials to the public (Fernando v. Court of
drugs; and Appeals, G.R. No. 159751, December6, 2006).
e. Are contrary to law, public order, morals,
good customs, established policies, lawful

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MEK✓Q~Y AID
San Beda University College of Law - RGCT Bar Operations Center
Pictures of nude women, not for art's sake but for
profit or gain is a violation of Art. 201 (People v. Go
Pin, G.R. No. L-7491, August 8, 1955).
DISPOSITION OF PROHIBITED
ARTICLES:
The disposition of the literature, films, prints,
engravings, sculptures, paintings or other materials
involved in the violation shall be governed by the
following rules:
1. Upon conviction of the offender - to be forfeited
in favor of the government in order to be
destroyed;
2. Where the criminal case against the violator
results in an acquittal - to be forfeited in favor of
the government in order to be destroyed, after
the forfeiture proceedings conducted by the
chief constabulary; and
3. The person aggrieved by the forfeiture action of
the Chief of Police may, within 15 days after his
receipt of the copy of the decision, appeal the
matter to the Secretary of the National Defense
for review. The decision of _theSecretary of the
National Defense shall . be final aod
unappealable (P.O. No. 969, Sec. 1).
ARTICLE 202 .
VAGRANTS AND PROSTlllJTES
NOTE: RA No. 10158 (March 121 2012)
decriminalized vagrancy. The law also providesthat
all pending cases on vagrancy snall be .dismissed
and all persons serving sentence.for violation of the
same shall be released upon the effectivityoUhe laV(
(Secs. 2 & 3). Article 202 now penalizes pr~itutes-
only (BOADO, supra at 589).
VAGRANCY
Loitering around public or private places of;perions
without any visible means of support• but who are
physically able to work and do not apply themselves
to some lawful calling, such as able-bodied beggars.
Vagrants include ruffians and pimps who habitually
associate themselves with prostitutes (BOADO,
supra at 588-589).
PROSTITUTE
Under Art. 202, a woman is a prostitute when:
1. She habitually indulges in:
a. sexual intercourse; or
b. , lascivious conduct
2. For money or profit (REYES, Book Two, supra
at 443).
Hence, one sexual intercourse with a man for profit
or money does not make a woman prostitute, nor
several intercourses with different men if there is no
evidence that she indulged in sexual intercourse for
money or profit (Id.)
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ART. 202 IS NOT APPLICABLE TO
MINORS
Persons below eighteen (18) years of age shall be
exempt from prosecution for the crimes of vagrancy
and prostitution under Art. 202 of the RPC, of
mendicancy under P.O. No. 1563, and sniffing of
rugby under P.O. No. 1619, such prosecution being
inconsistent with the United Nations Convention on
the Rights of the Child: Provided, that said persons
shall undergo appropriate counseling and treatment
program (R.A. No. 9344, Sec. 58). ·
PERSONS LIABLE UNDER P.D. NO.1563.
OR THE MENDICANCY LAW:
1. Mendicant himself; and
2. Any P.erson who abets mendicancy by giving
alms directly to mendicants, exploited infants,
and minors on public roads, sidewalks, parks,
and bridges.
REPUBLIC ACT NO. 9208
THE ANTI-TRAFFICKIN.G IN PERSONS
:,,;')t9
1 i-
ACT OF 2003
NDED BY R.A. NO. 10364
(Refer to Ej=iK
,,~art for a detailed discussion. See
page 474)l ~ ':. •
/1 fr
y 4 ,'
Approv,d orj;:Ma ·..26,
,o '!/
2003
recruitment, obtaining, hiring,
offering, transportation, transfer,
harboring, or receipt of persons with or
without the victim's consent or knowledge, within or
across national borders by means of threat, or use
of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the
giving or receiving of payments or benefits to
achieve the consent of a person having control over
another person for the purpose of exploitation which
includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual
exploitation, forced labor or . services, slavery,
servitude or the removal or sale of organs (Sec 3,
Par. a).
The recruitment, transportation, transfer; harboring,
adoption or receipt of a child for the purpose of
exploitation or when the adoption is induced by any
form of consideration for exploitative purposes shall
also be considered as 'trafficking in persons' even if
it does not involve any of the means set forth in the
preceding paragraph (Sec. 3, Par. a).
NOTE: Conspiracy to commit trafficking in persons
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is not punishable (2 FESTIN, Special Penal• Laws
Criminal Law Reviewer, (2014), p. 90) [hereinafter 2
FESTIN, SPL]).
PROSTITUTION
Refers to any act, transaction, scheme or design
involving the use of a person by another, for sexual
intercourse or lascivious conduct in exchange for
money, profit or any other consideration (Sec. 3, Par.
~- . distinction in the law of public officers between
SYNDICATE
Trafficking is deemed committed by a syndicate if
carried out by a group of three (3) or more persons
conspiring or confederating with one another (Sec.
6, Par. c).
LARGE SCALE
It is deemed committed in large scale if committed
against three (3) or more persons, individually or as
• a group (Sec. 6, Par. c).
TITLE SEVEN:
CRIMES COMMITTED BY
PUBLIC OFFICERS
OFFENDERS IN TITLEtSEVSN
Generally, they are public _officer's. There ·_ are.
instances, however, where the ,offendef Js a prlvale
individual, for instance in Arts. "212, 222 c;1nd225
(BOADO, supra at 590). • ·'
CHAPTER ONE:
PRELIMINARY PROVISIONS
(ART. 203)
ARTICLE 203
WHO ARE PUBLIC OFFICERS
REQUISITES: (PA)
To be a public officer, one must:
1. Take part in the ferformance of public functions
in the government, or performing in said
Government or in any of its branches public
duties as an employee, agent or subordinate
official, of any rank or class; and
2. _ Have Authority to take part in the performance
of public functions or to perform public duties by:
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CRIMINAL LAW II
Criminal Law
(LEA)
a. Direct provision of the _baw;
b. Popular .§_lection;or
c. Appointment by competent authority
(REYES, Book Two, supra at 444-445).
The term "public officers" embraces every public
servant from the highest to the lowest rank. For the
purposes of the RPG, it obliterates the standard
"officer" and "employee" (Maniego v. People, G.R.
No. L-2971, April 20, 1951).
Temporary performance of public functions is
sufficient to constitute a person a public official
(Maniego v. People, G.R. No. L-2971, April 20,
1951).
One who has a duty to perform towards the public
even though his duty is confined to narrow limits, is
nonetheless a public officer because it is his duty
and its nature which makes him a public officer and
not t~e extehfof his authority (Manila Terminal Co.
v. La Gorle de·Relaciones lndustriales, G.R.-No. L-
1881, May 9, 194fJA..
EXAMPLES'OF kUBLIC OFFICERS:
1. GSIS branch manager (Agbayani v. Sayo, G.R.
No. l..-47880, April~0, 1979);
2. Police Seniortrrsp~tor (Mamba v. Garcia, A.M.
No.MTJ-96i.1J1Q, ~une 25, 2001);
3. A person appointed as a laborer but was given
the work oflprep,adng motions for dismissal of
traffic case~ (Manlego v. People, G.R. No. L-
2971, Apni 20, 1901);
4. A ,fiscal ,analyst(People v. Kulais, G.R. Nos.
100901).July 1fJ, 1998);
5. C_ashC_lerklllPeople v. Hipol, G.R. No. 140549,
,, July 22; 2003);
6 .. A Mttnic~al Mayor and a Municipal Treasurer
· (~~fe v. Pantaleon, Jr., G.R. Nos. 158694,
--March 13, 2009); and
7. A Barrio Captain (Milo v. Salanga, G.R. No. L-
37007, July 20, 1987).
CHAPTER 1WO:
MALFEASANCE AND
· MISFEASANCE IN OFFICE
(ARTS. 204-212)
SECTION ONE:
DERELICTION OF DUTY
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Misfeasance
Improper performance of some act which might
lawfully be done (REYES, Book Two, supra at 446).
Malfeasance
·The performance of some act which ought not to be
done (Id. at 447).
Nonfeasance
Omission of some act which ought to be performed
(Id.).
ARTICLE 204
KNOWINGLY RENDERING
UNJUST JUDGMENT
ELEMENTS: (J-SU.K):
1. The offerider is a Judge;
2. He renders a judgment in a case _§_ubmittedto
him for decision;
3. The judgment is Y,njust; and
4. The judge ~nows that his judgment is unjust
(Wingarts v. Mejia, A.M. No. MTJ-94-1012,
March 20, 1995).
NOTE: Knowingly means consciously,
or intentionally (Black's
intelligently, willfully,
Law Dictionary, 5th ed., p. 784). It means sure
knowledge, conscious and deliberate intention
to do an injustice (BOADO, supra at 594). ·
Judgment
A judgment is a final order which disposes of the
whole subject matter or terminates a particular
proceeding or action, leaving nothing to be done but
to enforce by execution what has been determined
(Funk v. Santos Ventura Hocorma Foundation, Inc.,
G.R. No. 212346, July 7, 2016).
Unjust judgment
It is one which is contrary to law, or is not supported
by evidence, or both (REYES, Book Two, supra at
488).
A decision is not necessarily unjust simply because
a judge is disqualified to render it (Ubarra v.
Mapa/ad, A.M. No. MTJ-91-622, March 22, 1993).
The judge must render the judgment with conscious
and deliberate intent to do an injustice (De Guzman
v. Dy, A.M. No. RTJ-03-1755, July 3, 2003).
There is no liability at all for a mere error in good faith
(Heirs of Yasin v. Felix, A.M. No. RTJ-94-1167,
December -4, 1995). Mere error therefore in the
interpretation or application of the law does not
constitute the crime (BOADO, supra at 594).
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Sources of Unjust Judgment:
1. Error;
2. Ill-will or revenge; or
3. Bribery (REYES, Book Two, supra at 448).
There must first be "a final and authoritative judicial
declaration" that the decision or order in question is
indeed "unjust." The pronouncement may result from
either:
1. An action of certiorari or prohibition in a higher
court impugning the validity of the judgment; or
2. An administrative proceeding in the Supreme
Court against the judge precisely for
promulgating an unjust judgment or order (De
Vera v. Pelayo, G.R. No. 137354, July 6, 2000).
DOES NOT APPLY TO MEMBERS OF
COLLEGIATE COURTS
Art. 204 has no application to members of a
collegiate court (e.g. Supreme Court, Court of
Appeals, Sandiganbayan, and Court of Tax
Appeals) who reach their conclusions in consultation
and accordingly render their collective judgment
after due deliberation (In Re: Laureta, G.R. No. L-
68635, May'14, 1987).
ARTICLE 205
1 JUDGMENT RENDERED THROUGH
.NEGLIGENCE
ELEMENTS: (JSUI)
1. The offer,der::i~a
Judge;
2. He renders a judgment in a case _§_ubmittedto
him for decision;
3. The judgment is manifestly Y,njust; and
· •t '.If is Aue to his !nexcusable negligence or
-,~,-·1gnorance (REYES, Book Two, supra at 450).
Manifestly Unjust Judgment
It is so manifestly contrary to law, that even a person
having a meager knowledge of the law cannot doubt
the injustice (Id.).
Before a civil or criminal action against a judge for a
violation of Art. 204 and 205 (knowingly rendering an
unjust judgment or order) can be entertained, .there
must first be "a final and authoritative judicial
declaration" that the decision or order in question is
indeed "unjust" (De Vera v. Pelayo, G.R. No.
137354, July 6, 2000).
Although there may be abuse of discretion in issuing
an order, it does not necessarily follow that there is
bad faith or that his abuse of discretion signifies
ignorance of the law on the part of the judge
(Evangelista v. Baes, A. C. No. 584-CAR, December
26, 1974).
Mere error of judgment is not punishable (Yaranon
v. Rubio, A.M. No. 449-MJ, August 7, 1975).
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CRIMINALLAWII
CriminalLaw

ARTICLE 206 ARTICLE 208

UNJUST INTERLOCUTORY ORDER
ELEMENTS: (JU-KIN)
1. The offender is a Judge; and
2. He renders !J_njustinterlocutory order or decree:
a. ~nowingly; or·
b. Through inexcusable !gnorance or
!:fegligence (Layo/a v. Gabo, Jr., A.M. No.
RTJ-00-1524, January 26, 2000).
Interlocutory Order
An order is considered interlocutory if, between the
beginning and the termination of a case, the court
decides on a point or matter that is not yet
a final judgment on the entire controversy. Settles
only some incidental, subsidiary or collateral matter
arising in an action (People v. Escobar, G.R, .No.
214300, July 26, 2017). ..·
TEST: Does it leave something to Qedofle in the trial
court with respect to the merits of the case? If if does_,
it is interlocutory; if it does not, it is finaf.(Miranda v.
CA, G.R. No. L-33007, June 18, 1976).
Example: An order granting pr.elimifjary injunction or
an order appointing a receiv.er is.Jan interlocutory
order (REYES, Book Two, supra at
451).
ARTICLE 207
MALICIOUS DElAV'IN THE .
ADMINISTRA TION.\OF JO.STICE
ELEMENTS: (JP-DM)
1.
2.
The offender is a Judge;
There is a froceeding in his court;
3. He Qelays the administration of justice: and
4. The delay is Malicious, that is, the delay· is
caused by the judge with deliberate intent to
inflict damage on either party in the case (Id. at
452).
Mere delay without malice is NOT a felony under this
article (Id.).
If the delay is not malicious, but committed through
gross negligence, the crime committed is that under
R.A. No. 3019, Sec. 3(e) (REGALADO, supra at
517).
Where the delay in the completion of the
investigation was due to partly to complainant
herself a,nd to the desire of the parties to settle the
case amicably, the judge cannot be liable for
maliciously delaying the preliminary investigation of
the criminal case (Magdamo v. Pahimulin, A.M. No.
662-MJ, September 30, 1976).
PROSECUTION OF OFFENSES;
NEGLIGENCE AND TOLERANCE
PUNISHABLE ACTS:
1. Maliciously refraining from instituting
prosecution against violators of the law; and
2. Maliciously tolerating the commission of a crime
(REYES, Book Two, supra at 452).
NOTE: In dereliction of the duties of his office,
the public officer, whose duty is to prosecute
criminals, knows the commission of the crime but he
does not cause the prosecution of the criminal. In
tolerance, such officer knows that a crime is about
to be committed, but he tolerates such commission ·
(II CAMPANILLA, Reviewer, supra at 265).
ELEMENTS OF DERELICTION OF DUTY
IN THE PROSECUTION OF OFFENSES:
(DNA) ..
1. The offender is a public officer or officer of the
law who has,aQuty to cause the prosecution of,
or tci prosecute offenses;
2. Knowing the cornmission of the crime, he does
!:fat cause· th~..prosecution of the criminal or
knm1Vingthat a cr~e is about to be committed
he tolerates .its commission; and
Prevarieacion is the negligence of his duty to
. move for the
. prosecution
. and punishment of a
crime of .which is informed, in case the alleged
crime was afterwards duly proven (U.S. v.
Mendoza, G.R No. 7540, September 23, 1912).
3: The offender Acts with malice and deliberate
intent to favor the violator of the law (Soriano v.
Marcelo, G.R. No. 163178, January 30, 2009).
CRIME MUST BE PROVED BEFORE
CONVICTION FOR DERELICTION
If the charge is not proven or the facts shown do not
constitute a crime, there is no ground for holding any
person guilty either as principal or accessory (U.S.
v. Mendoza, G.R. No. 7540, September 23, 1912).'
Malice is an important element in this Article
(REYES, Book Two, supra at 452).
The act must be the result of a deliberate evil intent
and does not cover a mere voluntary act (People v.
Malabanan, G.R. No. 43430, January 7, 1936).

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.
WHO MAY BE OFFENDERS IN ART. 208: in the same case without the consent of his first
1. Public officer client after having undertaken the defense of
said first client or after having received
officers of the prosecution department,
confidential information from said client.
whose duty is to institute criminal proceedings
for felonies upon being informed of their
NOTE: If the client consents to the attorney's
perpetration.
taking the defense of the other party, there is no
crime (Id.).
2. Officer of the law
includes all those who, by reason of the
If the client seeks his lawyer's advice witl'I
position held by them, are duty-bound to cause
respect to a crime he committed, he is given the
prosecution and punishment of offenders
protection of a virtual confessional seal which
(REYES, Book Two, supra at 453).
the attorney-client privilege declares cannot be
· broken by the attorney without the client's
NOTE: Not applicable to revenue officers (Id. at
consent. Said privileged confidentiality,
401).
however, does not attach with regard to a crime
which a client intend to commit in the future and
The fiscal or the city attorney, as prosecuting officer,
for purposes of which he seeks the lawyer's
is under no compulsion to file the corresponding
advice (BOADO, supra at 597).
information based upon as complaint, where he is
not convinced that the evidence gathered or
An attorney or person reasonably believed by
· presented ·would warrant the filing of an action in
the client to be licensed to engage in the practice
court (Vda. Bagatua v. Revilla and Lombos, G.R. No.
of law cannot, without the consent of his client,
L-12247, August 26, 1958).
be examined as to any communication made by
A public officer who harbors, conceals, or assists in
the client to him or her, or his or her advice given
the escape of an offender, when it is his duty .to
:{ili;i~eo · · the course of, or with a .view t?,
prosec1,1tehim is liable as principal in the crime of
pr : I employment, nor can an attorneys
dereliction of duty in the prosecution of offenses and
secretary';: .stenographer, or clerk, or other
not merely an accessory (REYES, Book Two, supra
persons ~~isting the attorney be e~amined,
at 455).
witholt the dpnsent of the client and his or her
empl~yer; co~erning any.fact the knowledge of
NOTE: Any person who solicits, :accept~. or agrees
whiqh hcts b~n acquired in such capacity
to accept any benefit in consideration of abstaining
( RT, Rule 130, Sec. 24, Par. b).
from, discounting, or impeding the pro~ecution of .q
criminal offender is liable under Sec: 1{g)of P1D. No.'
1829.
SECTION 1WO:
ARTICLE 209 .. BRIBERY
BETRAYAL OF TRUST BYAN
ATTORNEY OR SOLICITOR_~.
REVELATION OF SECRETS
ARTICLE 210
PUNISHABLE ACTS: (CRU) DIRECT BRIBERY
1. Causing damage to his client, either:
a.
Any malicious breach of professional duty; PUNISHABLE ACTS: (A 3)
or 1. Agreeing to perform, or by performing, in
b. Inexcusable negligence or ignorance; consideration of any offer, promise, gift or
present, an act constituting a crime, in
NOTE: If no damage is caused, the attorney connection with the performance of his official
may be held administratively or civilly liable duties;
(REGALADO, supra at 518).
The acceptance of the offer or promise is
2. Revealing any of the secrets of his client learned enough to consummate the crime
by him in his professional capacity; and Absent such acceptance, only the person
making the offer or promise is liable for
NOTE: Damage is NOT necessary (REYES, Attempted Corruption of a Public Officer (Id. at
Book Two, supra at 456). 405).

3. !J.ndertaking the defense of the opposing party

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NOTE: If the crime agreed upon was actually
committed by the public officer, he shall be liable
separately for the same. The first paragraph of
Art. 210 states "in addition to the penalty
corresponding to the crime agreed upon, if the
same shall have been committed". Accordingly,
the crime actually committed by the public officer
cannot be complexed with direct bribery
(AMURAO, Book Two, Part One, supra at 604).
2. Accepting a gift in consideration of the execution
of an act which does not constitute a crime, in
connection with the performance of his official
duty; and
NOTE: The gift must be accepted by the
public officer. It may be received by the public
officer himself or through a third person. Further,
the gift may be money, property, services or
anything else of value. It must be capable of
pecuniary estimation because the Renalty for
fine is based on the value of cons.ideration.
(REYES, Book Two, .supra at 459~460).
Mere physical receipt ·unaccompanied by any
other sign, circumstance, _or act to show
. acceptance is not sufficient to conclude that the
crime has been committed. To do so would
encourage unscrupulous individuals to frame up
public officers by simply putting within their
physical custody gift, money or other property
(BOADO, supra at 600).
If the offer is not accepted by the public officer,
only the person offering the gift or present is
criminally liable for attempted corruptron of
public officer under Art. 212 'i{l relation to Art. 6.
The public officer is not liable (REYES, Book
Two supra at 460).
A promise to give to, and a promise to comm_i.t
an unlawful act by, a public officer will be
sufficient in direct bribery under the first
paragraph of Article 21 O (Id. at 461).
3. Agreeing to refrain, or by refraining, from doing
something which it is his official duty to do, in
consideration of a gift or promise (Garcia v.
Sandiganbayan, G.R. No. 155574, November
20, 2006).
NOTE: The third form of direct bribery differs
from prevaricacion (Art. 208) in that in bribery,
the offender refrained from doing his official duty
in consideration of a gift received or promised.
This element is not necessary in the crime of
prevaricacion (REYES, Book Two, supra at
410). . In both crimes, the public officer receives a gift.
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CRIMINAL LAW II
Criminal Law
ELEMENTS OF DIRECT BRIBERY:
(PACURE)
1. The offender be a fublic officer;
2. The offender Accepts an offer or a promise or
receives a gift. Qr present by himself or through
another; ·
3. Such offer or promise be accepted, or gift or
present received by the public officer:
a. With a view to committing some frime; or
b. In consideration of the execution of an act
which does not constitute a crime, but the
act must be .!J.njust;or
c. To Refrain from doing something which it is
his official duty to do; and
4. The act which the offender agrees to perform or
which he gxecutes be connected with the
performance of his official duties (Tad-y v.
People, G.R. No. 148862, August 11, 2005).
Art. 21 O are made applicable to assessors
arbitrators, appraisal and claim commissioners:
experts or any other persons performing public
duties (RPG, Art. 210, last Par.).
For the pufRose-of punishing bribery, the temporary
performance of pubUc functions is sufficient to
constitute a perso,n ~ public officer (Maniego v.
People, G.R. No. L-2971, April 20, 1951).
ARTICLE 211
_INDIRl;CT BRIBERY
~LEMENT;,: (PuGO)
1. The offender is a Public officer·
2. He accepts Gifts; and '
3. The said gifts are offered to him by reason of his
- Office (REYES, Book Two, supra at 466).
There is no attempted or frustrated indirect bribery
because it is committed by accepting gifts offered to
the public officer by reason of his office. If he does
not accept the gifts, he does not commit the crime. If
he accepts the gifts, the crime is consummated (Id.
at 467).
It is considered indirect bribery even if there was a
sort of an agreement between public officer and ·
giver of gift (REYES, Book Two, supra at 468).
DIRECT BRIBERY AND INDIRECT
BRIBERY, DISTINGUISHED
DIRECT BRIBERY INDIRECT BRIBERY
(Art. 210) (Ad. 211)
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San Beda University College of Law - RGCT Bar Operations Center
221

3. The offender refrains from arresting or.

prosecuting the offender.in consideration of any
fromise, gift or present (Id. at 470).

CI_RCUMSTANCES WHICH QUALIFY

There is an agreement Usually, no such
THE CRIME
between the public agreement exists.
officer and the giver of 1. Position of offender; and
gift or present. 2. Nature of the crime he fails to prosecute.

.ls to Necessi~ of ffle Performance of the Act Same with Art. 208, the guHt of the offender is a
prejudicial question to the liability of the officer
The offender agrees to It is not necessary that charged under this provision (U.S. v. Mendoza, G.R.
perform or actually the officer should do any No. 7540, September 23, 1912).
performs an act or particular act or even
refrains from doing promise to do an act, as ARTICLE 212
something, because of it is enough . that he CORRUPTION OF PUBLIC Of:FICIALS
the gift or promise. accepts gifts offered to
him by reason of his
office. ELEMENTS: (OG)
1. The Offender makes to a public officer:
(REYES, Book Two, _supraat 468).
a. Offers or promises; or
b. Gives gifts or presents; and
NOTE: P.O. No. 46 (Making it Punishable for Public
The offers or promises are made or the gifts or
Officials and Employees to Receive, and for Private
i¾,presen\i::,Given to a public officer, under
Persons to Give, Gifts on any Occasion, including
el~RiJitaj,lces that will make the public officer
Christmas) punishes: , . ·
liable for- direct bribery or indirect bribery
1. Any public official or employee who· receives, .
(REYES~{Jook Two, supra at 470).
directly or indirectly (Par. 1); and
2. Any private person who gives, or offers to give:
This article punishes the person who made the offer
Any gift, present or other valuable thing to a~y,
or promjse or gave the gift, even if the gift was
occasion, including Christmas, when such gift,
deman~.qy_tl)~ 1~1!(!,Riic
officer and the offer was not
present or other valuable thing is giyen by
made ~j'~prlbr to the said demand by the
reason of the farmer's official-position, whether
public officer (fcf.).
the same is for past favors or the giver hopes or
expects to. receive a favor or better treatment in
the future from the public official or employee
1
If.Ile officer refused to be corrupted, the crime is
concerned in the discharge of his · official
\tiinpted
corruption of public officials but there is no
bribery in the part of the officer who refused. There
functions (Par. 4).
is no frustrated corruption and frustrated bribery
because these crimes involve the concurrence of the
,NOTE: Included within the prohibition is the th~o~ing
will of the corruptor and the public officer. Hence,
of parties or entertainments in honor of theofflc1al or
once they agreed the crime is immediately
employees or his immediate relatives (Par. 4).
consummated (BOADO, supra at 607).

ARTICLE 211-A PRESIDENTIAL DECREE NO. 749

QUALIFIED BRIBERY GRANTING IMMUNITY FROM
, PROSECUTION TO GIVERS OF BRIBES
ELEMENTS: (LAP)
AND OTHER GIFTS AND TO THEIR
1. The offender is a public officer entrusted with
Law enforcement;
ACCOMPLICES IN BRIBERY AND
2. The offender refrains from Arresting or OTHER GRAFT CASES AGAINST
prosecuting an offender who has committed a PUBLIC OFFICERS
crime punishable by reclusion perpetua and/or Approved on: July 18, 1975
death; and · Effectivity Clause: This Decree shall take effect
immediately (P.O. 749, Sec. 5).
NOTE: If the crime committed is punishable by
a penalty less than reclusion perpetua, the PERSONS GRANTED IMMUNITY
· public officer is liable under Art. 208 and direct
Any person who voluntarily gives information and
bribery.
willingly testifies against a public official or employee

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shall be exempt from prosecution or punishment for
any violation of:
1. Arts. 210,211, and 212 of RPC;
2. RA No. 3019, as amended;
3. Sec. 345 of the Internal Revenue Code and Sec.
3604 of the Tariff and Customs Code and other •
provisions of the said Codes penalizing abuse or
dishonesty on the part of the public officials
concerned; and
4. Other laws, rules and regulations punishing acts
of graft, corruption, and other forms of official
abuse (Sec. 1).
This immunity may be enjoyed even in cases
where the information and testimony are given
against a person who is not a public official but
who is a principal, or accomplice, or accessory
in the commission of any of the above-
mentioned violations (Sec. 1).
This immunity may be enjoyed by . such
informant or witness notwithstanding that he
offered or gave the bribe or gfft tlll the pub!ic
or
official or is an accomplice for·stfoh gift bribe-
giving, provided, the following conditions concur:
a. The information must referto cnnsummated
violations of any ottt,,e above-n:tentioned
provisions of law, rufes and .:regulatjons;
b. The information and /testimony
necessary for the conviction of the. accused
public officer; . .·.
c. Such information a~d testi,nony are~not yet
in the possession of.the:State; . \
d. Such information and·te;timony caft.
corroborated on its material pl:;iints;•and
e. The. informant or wifness has not been
previously convicted of'.? crim~•.~r,volylnjg
moral turpitude (Sec. 1). • :,,." ·
j ,,
The imn:iunity shall not attach should it •tum.! out
subsequently that the information and/or testlff!Qay .
is false and malicious or made only for the purpose ·
of harassing, molesting or in any way prejudicing the
public officer denounced (Sec. 2).
REPUBLIC ACT NO. 3019
ANTI-GRAFT AND
CORRUPT PRACTICES ACT
AS AMENDED BY R.A. NO. 3047, P. D.
NO. 677, B.P. BLG. 195, AND
R.A. NO. 10910
(Refer to SPL part for a detailed discus.sion. See
page 439)
Government
It includes the national government, the local
government, the GOCCs and all other
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CRIMINAL LAW II
.Criminal Law
instrumentalities or agencies of the government and
their branches (Sec. 2(a)).
Public Officer
Includes elective and appointive officials and
employees, permanent or temporary, whether in the
classified or unclassified or exempt service receiving
compensation, even nominal, from the government
(Sec. 2(b}}.
Receiving Any Gift
Includes the act of accepting directly or indirectly a
gift from a person other than a member of the public
officer's immediate family, in behalf of himself or of
any member of his family or relative within the fourth
civil degree, either by consanguinity or affinity, even
on the occasion of a family celebration or national
festivity like Christmas, if the value of the gift is under
the circumstances manifestly excessive (Sec. 2,
Par. c).
E~CEPTK)N: Unsolicited gifts or presents of small
or insignificant value offered or given as a mere
ordinary, token of gratitude offriendship according to
local custom§ or µ~ge, shall be excepted from the
i:irovisioos ofJhisact (Sec. 14).
.CORRUPT PRACTICES OF PUBLIC
are OFFICIALS: {VOG.:.PEUN-Dl2 LD)
The cofrupt pr/ictiGes :,herein enumerated are in
additiori to· act$ or otr,issions of public officers
alreaoy p~nalizecM:iy.eiisting law:
· 1. Persuading'. indrn;1ng or influencing another
be
· .·•public officer to perform an act constituting a
· · fJ()latiojl''. of r:fJles and regulations duly
pron,;uAgatedJWcompetent authority or an
g_fffln~, in c9nnection with the official duties of
drallowing himself to be persuaded,
·····•#the.latf6r';
.induce.P':'or influenced to commit such violation
or.offense (Sec. 3);
2. 'birectly or indirectly requesting or receiving any
Gift, present, share, percentage, or benefit, for
himself or for any other person, in connection
with any contract or transaction between the
government and any other party, wherein the
public officer in his official capacity has to
intervene under the law (Sec. 3);
3. Directly or indirectly requesting or receiving any
. gift, present or other pecuniary or material
benefit, for himself or for another, from any
person for whom the public officer, in any
manner or capacity has secured or obtained, or
will secure or obtain, any government fermit or
license, in consideration for the help given or to
be given, without prejudice to Sec. 13 of the
same Act (Sec. 3);
4. Accepting or having any member _of his family
accept 5mployment in a private enterprise which
has pending official business with him during the
pendency thereof or within one (1) year after its
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termination (Sec. 3);
5. Causing any Y.ndue injury to any party; including
the government, or giving any private party any
unwarranted benefits, advantage or preference
in the discharge of his official, administrative or
judicial functions through manifest partiality,
evident bad faith or gross inexcusable
negligence. This provision shall apply to officers
and employees of offices or Government
corporations charged with the grant of licenses
or permits or other concessions (Sec. 3);
6. Neglecting or refusing, after due demand or
request, without sufficient justification, to act
within reasonable time on any matter pending
before him for the purpose of obtaining, directly
or indirectly, from any person interested in the
matter sdme pecuniary or material benefit or
advantage, or for the purpose of favoring_ his
own interest or giving undue advantage in favor
of or discriminating against any other interested
party; ,
7. Entering on behalf of the Government, into any
. contract or transaction manifestly and grosslf,
. Qisadvantageous to the same, whether or not
the public officer profited or will profit thereby;
8. Directly or indirectly having financial or'
pecuniary !nterest in any business, contract or
transaction in connection with. ;Which he
intervenes or takes part in his officjal capacity,
or in which he is prohibited by the Constitution
or by any law from having any interest;
9. Directly or indirectly becomln!;J !nterested, for
personal gain, or having material interest in any
transaction or act requiring the approval of a
board, panel or group of which he is a member;
and which exercises discretion in such approval,
even if he votes against the same or does not
participate in the action of the board, committee,
panel or group; • ·
. 10. Knowingly approving or granting any-:b,icense,
permit, privilege or benefit in favor of any person
not qualified .for or n0t legally entitled to such
license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not
qualified or entitled; and
11. Qivulging valuable information of a confidential
character, acquired by his office or by him on .
account of his official position to unauthorized
persons, or releasing such information in
advance of its authorized release date (Sec. 3).
Prohibition on Private Individuals: (AIKI)
1. Taking 8dvantage_ of family or close p_ersonal
relation with public official who has to !ntervene
in some business, transaction, application;
request or contract of the government with any
other person, by directly or indirectly requesting
or receiving any present, gift, or material or
pecuniary advantage from such public official.
2. ~nowingly !nducing or causing any public official
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to commit any of the offenses defined in Sec. 3
of this Act (Sec. 4).
PROHIBITION ON CERTAIN RELATIVES
The spouse or any relative, by consanguinity or
affinity, within the 3rd civil degree, of the President,
the Vice-President, Senate President, or the
Speaker of the Ho1,1se of Representatives is
prohibited to intervene directly or indirectly, in any
business, transaction, contract or application with
the government (Sec. 5). ·
EXCEPTIONS TO THE PROHIBITION:
1 . Any person who, prior to the assumption of office
of any of those officials to whom he is related,·
has been already dealing with the government
along the same line of business, nor to any
transaction, contract or application already
existing or pending at the time of such
assumption of public office;
2. Any application filed by him, the approval of
which is not discretionary on the· part of the
official or officials concerned but depends upon
;+;. compliance with the requisites provided by law,
11:(,;~.r.rules~Qt
'~ • <,: regulations issued pursuant to law; or
· 1''.'•"·~:1«ti~ully performed in an official capacity
or in the 'i~ercise
\:
of a profession (Sec. 5).
PROHl~.frlO~ ON MEMBERS OF
CONGlfESS
Members of Congress during their term, are
prohio--;.· · · e or receive any personal
pecuniary· t in any specific business
enterprise which will be directly and particularly
; ,, ff.iilt~red or benefited by any law or resolution
;1~:;:.,.ed;.~¥ them (Sec. 6, Par. 1).
The prohibition shall also apply to any public officer
who recommended the initiation in Congress of the
enactment or adoption of any law or resolution and
acquires ,or receives any such interest during his
incumbency (Sec. 6, Par. 2).
The member of Congress or other public officer,
who, having such interest prior to the approval of a
law or resolution authored or.recommended by him,
continues for thirty (30) days after such approval to
retain his interest also violates this section (Sec. 6,
Par. 3).
REPUBLIC ACT NO. 7080
ANTI-PLUNDER ACT
(Refer to SPL part for a detailed discussion. See
page 444)
Approved on: July 12, 1991
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Effectivity Clause: This Act shall take effect after

fifteen (15) days from its publication in the Official Plunder is a crime .ma/um in se because the
Gazette and in a newspaper of general circulation constitutive crimes are ma/a in se. The elements of
(R.A. No. 7080, Sec. 9). mens rea must be proven in a prosecution for
plunder (Estrada v. Sandiganbayan, G.R. No.
ILL-GOTTEN WEAL TH: (MR-SMAC) 148560, November 19, 2001).
Any asset, property, business enterprise or material
possession of any person within the purview of Sec.
NOT~: The conspiracy among the accused to
2 of RA No. 7080 acquired by him directly or commit the crime of Plunder is usually an agreement
indirectly through dummies, nominees, agents, or connivance to secretly cooperate in doing the
subordinates and/or business associates by any unlawful act (Napoles v. Sandiganbayan, G.R. No.
combination or series of the following means or 224162, November 07, 2017).
similar schemes:
1. Misappropriation, conversion, misuse or PENAL TY: Reclusion Perpetua to Death
malversation of public funds or raids on the public
treasury; Mitigating and extenuating circumstances shall be
2. Receiving, directly or indirectly, any commission, considered by the courts in the imposition of penalty
gift, share, percentage, kickbacks or any other (Sec. 2).
form of pecuniary benefit from any person and/or
entity in connection with any government D.IRECT BRIBERY, CORRUPTION OF
contracUproject or by reason of his PUBLIC OFFICERS, AND SECTION 3(A)
office/position; OF R.A. NO. 3019, DISTINGUISHED
3. Obtaining, receiving or accepting, directly or
indirectly, any ~hares of stock, equity or any
other form of interest or participation including
promise of future employment in any business
enterprise or undertaking;
4. Establishing agricultural, industrial or commercial
Monopolies or other combfnations and/or
implementing decrees and orders intended to The The .Private Both the
benefit particular persons or special interests; corrupted individual inducing public
5. Taking undue 8dvantage of official position, publ.ic wbo officer and
authority, relationship, connection or influence to officer is corrupted the induced public
unjustly enrich himself or themselves· at the liable· for public officer officer
expense and to the damage and prejudice of the ~irect bribery
Filipino people and the Republic of the
Philippines; or (II CAM.PANILLA,,Reviewer, supra at 279-280).
6. The illegal or fraudulent Qonveyance or . . \

disposition of assets belonging to the DIRECT BRIBERY AND SECTION 3(A)

Government (Sec.1, Par. d). OF ,R.A. NO. 3019, DISTINGUISHED

NOTE: These should be committed by a

combination or through a series of acts. There
should be at least two acts otherwise the accused
should be charged with the particular crime
committed and not with plunder. A COMBINATION
In both, there must be material consideration.
means at least two acts of a different category white
a SERIES means at least ·two acts of the same
category (Estrada v. Sandiganbayan, G.R. No. As to Act to be Committed by the
148560, November 19, 2001). Public Officer

PLUNDER The . public officer The public officer is

A crime committed by any public officer, by himself agreed to commit a induced, persuaded or ·
or in connivance with his family, relatives by affinity crime, or an act not influenced to commit an
or consanguinity, business associates, subordinates constituting a crime, or offense or to violate
or other persons, by amassing, accumulating or to refrain from doing a rules and regulation
acquiring· ill-gotten wealth in the aggregate amount function-related act. in connection with his
or total value of at least Fifty (50) million pesos (Sec. duty.
2).

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The person corrupting The person inducing,
the public officer must persuading, or
be a private individual. influencing a public
officer is also a public
officer.
NOTE: There is no qouble jeopardy if a person is
charged simultaneously or successively for violation
of Section 3 of RA 3019 and the Revised Penal Code
(Merencillo v. People, G.R. No. 142369, April 13,
2007).
CHAPTER THREE:
FRAUDS AND ILLEGAL
EXACTIONS AND'
TRANSACTIONS
(ARTS. 213-216)
ARTICLE 213
FRAUDS AGAINST THEPUBLIC
TREASURY AND SIMILAR OFFENSES
PUNISHABLE ACTS: (ED-FaCo)
1. .!;_nteringinto an agreement with any intere.sted
party or speculator or making use of any 6Jher
scheme, to defraud the Government, in dealing
with any person with regard . to furnishing
supplies, the making of contracts, or the
adjustment or settlement of accounts relating to
public property or funds;
2. Qemanding, directly or indirectly, the payment of
sums different from or larger than those
authorized by law, in the collection of taxes,
licenses, fees, and other imposts;
NOTE: Mere demand, even if debtor refuses,
consummates the crime of illegal exaction
(BOADO, supra at 608).
3. Failing voluntarily to issue a receipt, as provided
by law, for any sum of money collected by him
officially, · in the collection of taxes, licenses,
fees, and other imposts; and
4. Collecting or receiving, directly or indirectly, by
way of payment or otherwise, things or objects
of a nature different from that provided by law, in
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the collection of taxes, licenses, fees, and other
imposts (REYES, Book Two, supra at 511-512).
ELEMENTS OF FRAUDS AGAINST
PUBLIC TREASURY (PAR. 1): (PTED)
1. The offender be a Public officer;
2. He should have !aken advantage of his office,
that is, he intervened in the transaction in his
official capacity;
3. He Entered into an agreement with any
inter;,ted party or speculator or made use of
any other scheme with regard to:
a. Furnishing supplies;
b. The making of contracts; or
c. The adjustment or settlement of accounts
relating to public property or funds; and
4. The accused had intent to Qefraud the
Government (Id. at 512).
The offender must have the duty as public officer to
deal with any person with regard to furnishing
supplies, making of contracts, or the adjustment or
-settlement of accounts relating to public property or
funds (Id.).
, ,.;:Thiscrime ia:t;;onsummated by merely entering into
: an a~Afwith any interested party or speculator
, or by merely making use of a scheme to defraud the
government. It is not necessary that the government
is actually defrallded by reason of the transaction. It
is sufficiec,t that ttie public officer who acted in his
official capaoity had the intent to defraud the
Gover,inrilefll{ld, ,atti.13).
'~, 0 ;'" ~/j,-LtJ:" \~:f,,,/:::,/:
-,>:;
ELEMENTS:/ OF ILLEGAL EXACTIONS
eARS. 2-4): (PG)
•bQA{tijnder is a Public officer entrusted with the
c:011i~Iion of taxes, licenses, fees and other
imposts; and
2. He is Guilty of any of the following acts or
omissions: (VCD)
a. Demanding, directly or indirectly, the
payment of sums different from or larger
than those authorized by law;
b. Failing ~oluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially; or
c. ~ollecting or receiving, dirE!ctly or indirectly,
by way of payment or otherwise, things or
objects of a nature different from that
provided by law-(ld. at 437).
When there is deceit in demanding a greater fee ·
than that prescribed by law, the crime committed is
estafa and not illegal exaction (U.S. v. Lopez, G.R.
No. L-3968, March 21, 1908).
Mere demand of a larger or different amount is
sufficient to consummate the crime, it is not
necessary that the taxpayer actually pay an amount
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larger than or different from that fixed by law
(REYES, Book Two supra at 513).
A tax collector who collected a sum larger than that
authorized by law and spent the same is guilty of
illegal exaction and malversation (People v.
Policher, G.R. No. 41008, October 23, 1934).
NOTE: RTC has jurisdiction when this article is
involved because the principal penalty is
disqualification as the municipal trial courts have no
jurisdiction to impose such penalty (Id at 516).
This article does not define a crime but considered
as a special aggravating circumstance.

Excepted from this provision are the personnel of the ARTICLE 215
BIR and the BOC who are allowed to collect an PROHIBITED TRANSACTIONS
amount different from that fixed since interests and
surcharges are imposed (BOADO, supra at 608).
The National Internal Revenue Code or the ELEMENTS: (ATIT)
Administrative Code applies (RPG, Art. 213). 1. The offender is an Appointive public officer (e.g.
justices, judges or fiscals, employees engagec/
ACT PERFORMED AND in the collection and administration of -public
funds);
CORRESPONDING CRIMES IN
2. The transaction takes place within the Ierritory
RELATION TO ILLEGAL EXACTION subject to his jurisdiction;
Act Crime ,3. He becomes interested in the transaction during
his ~cumbency; and .
If the collecting officer There is an additional 4. He becorpes interested, directly or indirectly, in
(CO) collected a bigger offense of Malversati6n any Iransaction of exchange or speculation
amount and the excess because he is (Id.).
pocketed accountable for the
amount collected. The transaction must be one of exchange or
speculation, such as buying and selling stocks,
If to facilitate the taking Complex· crime of commodities, land,etc:, hoping to take advantage of
of the excess amount, Malversation , through an expected rise andfall in price (Id.).
he falsified the second Falsification of
copy of the official Oocument anci'. Illegal Purchasing of stocks or shares in a company is
receipt which is to be Exaction simply an investment ,Ind is not a violation of the
submitted article; but buytng r~gt;tlarly securities for resale is
speculatlon (Id, at 517).
Falsification of public document andmalversation.
do not require damage as element, herme,
complexing of these crimes is possible u.nder Art.
A.RTICLE 216
48, falsification being necessary to col)lmit. the POSSESSION OF PROHIBITED
other. However, if the falsification was resorted to · INTEREST BY A PUBLIC OFFICER
hide the malversation, the crime is not complex
but separate. ·i::>ERSONSLIABLE: (PEG)
(BOADO, supra at 608-609). 1. fublic officer who, directly or indirectly, became
interested in any contract or business in which it
ARTICLE 214 was his official duty to intervene;
2. 5.xperts, arbitrators, and private accountants
OTHER t=RAUDS
who, in like manner, took part in any contract or
transaction connected with the estate or
ELEMENTS: (PTA) . property in the appraisal, distributicm or
.e.
1. The offender is a ublic officer; adjudication of which they had acted; or
2. He !akes advantage of his official position; and 3. Guardians and executors with respect to the
3. He commits any of the frauds or deceits property belonging to their wards or the estate
enumerated in Arts. 315 to 318 (estafa, other (Id. at 518).
forms of swindling, swindling a minor, and other
deceits) (REYES, Book Two, supra at 515). Actual fraud is NOT necessary. The act is punished
because of the possibility that fraud may be
The penalty (special disqualification) under this committed or that the officer or private person (such
Article is in addition to the penalties prescribed in the as an expert, arbitrator, private accountant, guardian
Articles violated. and executor) may place his own interest above that
of the Government or party which he represents

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San Seda University College of Law - RGCT Bar Operations Center
(U.S. v. Udarbe, G.R. No. 9945, November 12,
1914).
Intervention must be by virtue of public office held.
The official who intervenes in contracts which. have
no connection with his office cannot commit the
crime defined under this Article (REYES, Book Two,
supra at 518-519).
NOTE: Arts. 214, 215, and 216 are all covered in
Section 3, Par. e of R.A. No. 3019, otherwise known
as the Anti-Graft and Corrupt Practices Act
(BOADO, supra at 610).
CHAPTER FOUR:
MALVERSATION OF PUBLIC
FUNDS OR PROPERTY
(ARTS. 217-222)
ARTICLE 217
MALVERSATION OF PUBLIC FUNDS
OR PROPERTY - PRESUMPTION OF
MALVERSATION
Malversation is also called embezzlement (RE'YES,
Book Two, supra at 523). · applicatie>flof li/Ublic funds (Escobar v. People,
PUNISHABLE ACTS: (ACTQ~ . · .
1. Appropriating public funds or property;
NOTE: To appropriate public funds or property
includes every attempt to dispose ofthe same
without right (Tabuena v. Sandiganbayan, G.R,
Nos. 103501-03, February 17, 1997).
2. fonsenting, or through abandonment or
negligence, permitting any other person to take
such pubtic funds or property;
3. Iaking or misappropriating the same; or
4. Being Otherwise guilty of the Misappropriation
or malversation of such funds or property (Id.) . .
COMMON ELEMENTS: (PCPA)
1. The offender be a fublic officer;
2. He had fustody or control of .funds or property
by reason of the duties of his office;
3. Those funds or property were fublic funds or
property for which he was accountable; and
4. He Appropriated, took, misappropriated or
consented, or through abandonment · or
negligence, permitted another person to take
them (Venezuela v. People, G.R. No. 205693,
February 14, 2018).
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Custody
It means guarding or keeping safe (REYES, Book
Two, supra at 572).
Accountable Officer
A public officer who, in the discharge of his office,
receives money or property of the government which
he is bound to later account for. In determining
whether the offender is a public officer, what is
controlling is the nature of his duties and not the
designation (Rueda v. Sandiganbayan, G.R. No.
129064, November 29, 2000).
NOTE: Based on this · definition, to be held
accountable the public officer must receive the
money or property, and later fail,s to account for
it. When a public officer is asked to account for the
cash in his accountability, this necessarily means
that he has to produce the cash in bills and coins and
other cash items that he received. It does. not
include collectibles and receivables or even
promissory notes (Rueda v. Sandiganbayan, G.R.
No. 129064,November29, 2000)
·i.JOCAL
0
;'GOVERNMENT OFFICIALS
8ECOME . ACCOUNTABLE PUBLIC
OFFICER~!ITHER:
BecauJe <:ifthe nature of their functions; or
On account 6f their participation in the use or
· · ,November 20, 2017).
Funds or property must be received in official
c acity. Hence, if the public officer had no authority
'·"'''';vethe money and he misappropriatE:ldthe
m-ime is estafa, not malversation (U.S. v.
1
';:liffle,l
Solis, G.R. No. L-2828, December 14, 1906).
PRIVATE PROPERTY CANNOT BE THE
SUBJECT OF MALVERSATION
The property was private and the one who-
demanded its return was a private person, not a
person in authority. The presumption of conversion
will not apply (Salamera v. Sandiganbayan, G.R. No.
121099, February 17, 1999).
NOTE: Under Art. 222, private property can be the
subject of malversation, as long as such funds or
property are in custodia legis (REYES, Book Two,
supra at 450).
EXAMPLES OF PUBLIC FUNDS:
1. Red Cross, Anti-Tuberculosis, and Boy Scouts
funds delivered to an assistant cashier of a
provincial treasurer for his custody (El Pueblo de
Filipinas v. Velasquez, G.R. No: 47741, April 28,
1941);
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2. Postal money orders appropriated by the
defendant was in the custody of postmaster
(People v. Villanueva, G.R. Nos. 39047, October
31, 1933); , personal use (RPG, Art 217, last Par.).
3. Redemption price received by the sheriff
(REYES, Book Two, supra at 554);
4. Money received by the sheriff to indemnify him
against any claim for damages arising from the
levy made by him qn properties of the debtor
(Id.); and
5. Proceeds of the sale of sweepstakes ticket
(People v. Angco, G.R. No. L-9550, Feburaty
28, 1958).
EXAMPLES OF PUBLIC PROPERTY:
1. Government vehicles;
2. Heavy equipment of the DPWH;
3. Explosive powder seized from persons not
authorized to possess the same which are in the
custody of public officers; . committed when after there has been complete,
4. Proceeds of the crime, instruments or tools used
in the commission of the crime and forfeited in
. favor of the Government; and
5. Stocks of corn, grains, rice and palay in the
National Food Authority (AMURAO, Book Two,
Part One, supra at 728).
MALVERSATION MAY BE COMMITTED
BY PRIVATE INDIVIDUALS IN THE
FOLLOWING CASES:
1. Those in conspiracy with an accountable public
officer found guilty of malvets.ation (Zo1eta v.
Sandiganbayan, G.R. 185224, July 29, 2015);
and
2. Under Art. 222, the provisions of Art. 217 shall
apply to:
a. Private individuals who, in any capacity
whatsoever, have charge of nattonal,
provincial or municipal funds, revenues or
property; and · ·
b. Any administrator or depositary of funds or
property attached or seized or deposited by
public authority.
MALVERSATION CAN BE COMMITTED
THROUGH ABANDONMENT OR
NEGLIGENCE
Negligence is the omission to do something which a
reasonable man, guided by those considerations
which ordinarily regulate the conduct of human
affairs, would do, or the doing of something which a
prudent and reasonable man would d_o(Leano v.
Domingo, GR.No. 84378, July 4, 1991).
PRIMA FACIE PRESUMPTION OF
MISAPPROPRIATION
The failure of a public officer to have duly
forthcoming any public funds or property with which
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he is chargeable, upon demand by any duly
authorized officer, shall be prima facie evidence that
he has put such missing funds or property to
The prima facie presumption that missing funds
are put to personal use by a public officer arises
only:
1. If there is no issue as to the accuracy,
correctness, and regularity of the audit findings;
and
2. If the fact that those funds are missing is
indubitably established (Enriquez v. People,
G.R. No. 119239, May 9, 2000).
DIRECT EVIDENCE NOT REQUIRED IN
MALVERSATION
Direct evidence is not Decessary to prove
malversation because the law presumes that it was
thorough and reliable audit, there is a discrepancy in
the funds or property. As such, when the officer
cannot overthrow. the presumption in law, he may be
held liable for malversation although no direct
evidence has been presented yet (Cabello v.
Sandiganbayan, G.R. ,No. 93885, May 14, 1991).
NOTE: Absence Of such presumption, prosecution
must present ·evi~ence clearly evincing
misappropriation of public funds (Maamo v. People,
G.R. No. 201917, December 1, 2016).
DEMAND IS NOT AN ELEMENT OF
MALVERSATION
Demand is not necessary for violation of Art. 217 in
spite of the last paragraph of the said provision - it
provides only for a rule of procedural law (Morong
Water District v. Office of the Deputy Ombudsman,
G.R. No. 116754, March 17, 2000).
Malversation is committed from the very moment the
accountable officer misappropriates public funds
and fails to satisfactorily explain his inability to
produce the public funds he received (Venezuela v.
People, G.R. No. 205693, February 14, 2018).
NOTE: While demand is not an element
of Malversation, it is a requisite for the application of
the presumption of misappropriation (Maamo v.
People, G.R. No. 201917, December 1, 201(3).
GOOD FAITH IS A DEFENSE ·
In malversation NOT committed through negligence,
lack of criminal intent or good faith is a defense as it
would negate criminal intent on the part of the
accused (Panganiban v. People, G.R. No. 211543,
December 9, 2015 citing Tabuena y_
Sandiganbayan, G.R. Nos. 103501-03 & 103507,
February 17, 1997).
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San Bede University College of Law - RGCTBar OperationsCenter

a. Malversation - if the public officer is

RESTITUTION ONLY AS MITIGATING accountable;
CIRCUMSTANCE b. Estafa - if the offender who is NOT
accountable therefor has acquired juridical
Full restitution of the amount malversed will not in possession and taken it with abuse of
any way exonerate an accused, as payment· is not
confidence or deceit; and
one of the elements of extinction of criminal liability, c. Qualified theft - if the offender who has mere
though, at most, payment of the amount malversed
physical or material possession took the
will serve as a mitigating circumstance (Perez v. property with abuse of confidence (BOADO,
People, G.R. No. 164763,
.._
February 12, 2008). supra at 622-623) .
However, when the offender returned the
government property after several years and the
ARTICLE 218
property was already scrap, restitution is not FAILURE OF ACCOUNTABLE OFFICER
mitigating (Cimafranca v. Sandiganbayan, G.R. No. TO RENDER ACCOUNTS
94408, February 14, 1991).
ELEMENTS: (PART)
Damage to the government is not necessary
. 1. The offender is a fublic officer, whether in the
(REYES, Book Two, supra at 546).
service or separated therefrom;
2. He must be an Accountable officer for public
MALVERSATION AND ESTAFA, funds or property; --
DISTINGUISHED 3. He is Required by law or regulation to render
accounts to the Commission on Audit, or to a
provincial auditor; and
4. He fails tq do so for a period of Iwo months after
·-iisuc:b.~nts should be rendered.

The law doe_snot require that there first be a demand

for an accounting (Lumauig v. People, G.R. No.
166680, July 7, 2014).

Mere failure to timely liquidate the cash advance is

the gra~'(!f,tbe6ffense. Verily, the law seeks to
compel the ~ntable officer, by penal provision,
No need of a prior Demand is necessary. to promptly render an accounting of the funds which
demand l;leJias received by reason of his office (Santos v.
T,
~~el
,,, !(,L)"-::<
,-
G,R. No. 199935, April 8, 2013).
t

Aste Damage
MISAPPROPRIATION NOT NECESSARY
Does not require damage There must be It is not necessary that there be misappropriation. If
to the government _ damage. there is misappropriation, he would be liable also for
(REYES, Book Two supra at 545,970, 974, 1005). malversation under Art. 217 (Id. at 462).

COMPARISON BETWEEN AR11CL,E 219

MALVERSATION, ESTAFA AND FAILURE OF RESPONSIBLE PUBLIC
QUALIFIED THEFT: OFFICER TO RENDER ACCOUNTS
1. All these crimes involve abuse of confidence or BEFORE LEAVING THE COUNTRY
betrayal of trust;
2. They can all be committed by public officers over ELEMENTS: (PAU)
public funds. However, malversation cannot be
1. The offender is a fublic officer;
committed against private proverty except for
2. He must be an Accountable officer for public
private property in custodia legis (Art. 222);
funds or property; and
3. In estafa and qualified theft, the offender can be
3. He must have Y,nlawfully left (or be on the point
a private person or a public officer who should
of leaving) the Philippines without securing from
NOT be accountable for the fund or property
the Commission on Audit a certificate showing
taken; in malversation it is necessary that the
that his accounts have been finally settled.
offender is a public officer accountable over the
funds or property appropriated;
4. The taking _ofpublic funds or property is:

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The act of leaving the country must be unauthorized

or not permitted by law (Id. at 463).

ARTICLE 220
ILLEGAL USE OF PUBLIC FUNDS OR
PROPERTY
Also referred to as "technical malversation" (Id. at The public fund or The public fund or
465). property is applied to property is applied to the
another public use. personal use and benefit
ELEMENTS: (PPAO) of the offender or of
1. The offender is a f.ublic officer; another person.
2. There is a. fublic fund or property under his
administration; · A$ to Illegality of Act
3. Such public fund or property has been
~ppropriated by law or ordinance; and The act is not illegal The act is illegal per se
4. That he applies the same to a public use Other per se because it is for the public funds were
than that for which such fund or property has another public use. diverted to personal use.
been appropriated by law or ordinanc·e (Id.).
As to Appropriation of Funds
It is necessary that public funds or propertl~ had There must be .an Jhere is no such
been diverted to any public use other ..Jhan that app;opriatign.either by requirement.
provided for by law or ordinance (Palma Gil v. 'law such' as a general
People, G.R. No. 73642, Septembei: 1, 1989). appropription .taw or
an oitiinan~e ,.et1abted
ACCUSED CANNOT BE'CONVICtED OF by a le°gislati~ bodyt i

TECHNICAL MALVERSATION ('fM) IN (BOADO, supra at 627{

AN INFORMATION CHARGING
MALVERSATION Absence of da1113ge or ~mbarrassment to the public
The elements of the two are distinct and different service is only a mitigating circumstance as it merely
from each other. In malversation, tile offender reduc~ the penalty to ,fl fine of 5 to 50 per cent of
misappropriates pubic funds f~r •~erson~j use or the sum·rrusapi;,1iett·(RJl>C,
e° .: , ' }i { i'
Art. 220 (2)).
'

allows another to take such p,ublicflJt;lds.tn"TM,,the

public officer applies pubfic funds under his :7 ARTICLE 221
administration to a public use other than that for FAILURE TO MAKE DELIVERY OF
which it was appropriated by ·iaw or or(;jinante.
Technical malversation is not included in npr'l:roes It APlfBt..lC ,PUNDS OR PROPERTY
necessarily include malversation or•.,publro fu.nds
(Parungao.v. Sandiganbayan, G.R. No. ·00025, May
5, 1991). . 1. Failing to make payment by a public officer who
is under obligation to make such payment from
ILLEGAL USE OF PUBLIC FUNDS OR Government funds in his possession; and
PROPERTY AND MALVERSATION,
ELEMENTS: (GOF)
DISTINGUISHED
a. Public officer has Government funds in his
ILLEGAL USE OF possession;
PUBLIC FUNDS OR MALVERSATION b. He is under Obligation to make payment
PROPERTY (Art. 217) from such funds; and
(Art. 220) c. He fails to make the payment, maliciously.

As to Person of the Offender/s 2. Refusing to make delivery by a public officer who

has been ordered by competent authority to
The offenders are accountable public officers .. deliver any property in his custody or under his
As to Derivation of Profit
administration (Id. at 552-553).

The offender does not The offender in certain The refusal must be malicious and must have
derive any personal cases profits from the resulted in damage to public interest (REGALADO,
gain or profit. proceeds of the crime. supra at 538).

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231

NOTE: Penalty is based on value of funds/property judgment;

to be delivered (RPC, Art. 221 ).
ARTICLE 222
OFFICERS INCLUDED IN THE
PRECEDING PROVISIONS
PRIVATE INDIVIDUALS WHO MAY BE
LIABLE UNDER ART. 217-221:
1. Private . individuals who, in any capacity
whatsoever, have charge of any national,
provincial or municipal funds, revenue or
• property; and
2. Administrator or depository of funds or property
attached, seized, or deposited . by public
authority even if such property belongs to a
private individual (e.g., sheriffs and receivers).
NOTE: The word "administrator" does not include
judicial administrator appointed to administer the
estate of a deceased person because he is not in, .
charge of any .property attached, impounded, Of
placed in deposit by public authority. Conversion of
effects in his trust makes him liable for estafa
(REYES, Book Two, supra at 554).
3. Such prisoner ~scaped from his custody; and
4. He was in fonnivance with the prisoner in the
latter's escape (REYES, Book Two, supra at
557). .
Connivance with the prisoner (agreement between
the prisoner and the public officer) in his escape is
an indispensable element of the offense (U.S. v.
Bandino, G.R. No. 9964, February 11, 1915).
CLASSES OF PRISONERS INVOLVED:
1. If the fugitive has been sentenced by final
judgment to any penalty; and
2. If the fugitive is held only as detention prisoner
for any crime or violation of law or municipal
ordinance (Id, at 558).
A detention prisoner is a person in legal custody,
arrested for, and charged with some crime or public
offense (Id.)).
Leniency, laxity, and release of detention prisoner,
who could not be delivered to the judicial authority
· _the 1me fixed by law, are not considered
Qy:j~ 1fte custody of prisoners (People v.
0

Lancanan, G.fi.No. L-6805, June 3__0,1954).There

Private property is included, provided it is attached, is real and .actµal evasion of service of sentence
seized, or deposited by public authority (le.): when the <;6stoddanpermits the prisoner to obtain a
relaxation of his imprisonment and to escape the
punishment of being deprived of his liberty, thus
maki · effectual, although the convict
CHAPTER FIVE: :s.v. Bandino, G.R. Nd. 9964,
INFIDELITY OF PUBLIC
OFFICERS . . CONNIVING WITH AND CONSENTING
1
(ARTS. 223-230) : ;~c'.fr8.4WASION
AND DELIVERING
PRISONERS FROM JAIL,
DISTINGUISHED

SECTION ONE:
INFIDELITY IN THE CUSTODY OF
PRISONERS
By . conniving or By removing from jail a
Infidelity in the · custody of pris·oners may be consenting to the prisoner confined therein or
committed_through dolo or culpa (BOADO supra at escape of a prison~r helping in the escape of such
660). prisoner

As to Who May Commit

ARTICLE 223
CONNIVING WITH OR CONSENTING TO A public officer having An outsider or by a public
the legal charge or officer who does not have
EVASION custody of a prisoner the official charge or custody
of the prisoner
ELEMENTS: (PCEC) (AMURAO, Book Two, Part One, supra at 744).
1. The offender is a Public officer;
2. He had in his f G'stody or charge, a prisoner,
either detention_ prisoner or prisoner by final

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ARTICLE 224
EVASION THROUGH NEGLIGENCE
ELEMENTS: (PCN)
1. The offender is a .e_ublicofficer;
2. He is charged with the &_onveyanceor custody
of a prisoner, either detention prisoner or
prisoner by final judgment; and
3. Such prisoner escapes through his .fiegligence
(REYES, Book Two, supra at 560).
The negligence referred to in the RPC is such
definite laxity as all but amounts to a deliberate non-
performance of duty on the part of the guard. It is the
duty of any police officer having custody of a
prisoner to take necessary precautions to assure the
absence of any means of escape. A failure to
undertake these precautions will make his act one of
definite laxity or negligence amounting to deliberate
non-performance of duty (Rodillas· v.
Sandiganbayan, G.R. No. 58652, May 20, 1988).
Unlike in Art. 223, connivance need not be proven to
hold an accused liable under Art. 224 (Rodillas v.
Sandiganbayan, G.R. No. 58652,}Aay,20, 1988).
The fact that the public officer ,tecapt~md the
prisoner who had escaped frornhis custody does not
afford complete exculpation .(REYES, Book Two,
supra at 475).
A policeman who, assigned to g!l,afd a pris(){ler} falls
asleep, with the result that the pris(){ler esc~pes, is
guilty of negligence in the custody of a prisorrer
(People v. Guiab, G.R. No. 39631, May6, 1934).
LIABILITY OF ESCAPING PRISONER:
1. If the fugitive is serving sentence QYreason of
final judgment, he is liable for evasion. of the
service of sentence under Art. 157; and
2. If the fugitive is only a detention prisoner, he
does not incur criminal liability (REYES, Book
Two, supra at 563).
Any public officer who has direct custody of a
detained person under the provisions of this Act
and who, by deliberate act, misconduct, or
inexcusable negligence causes or allows the
escape of such detained person shall be guilty of
an offense (R,A. No. 9372, Sec. 44).
ARTICLE 225
ESCAPE OF PRISONER UNDER THE
CUSTODY OF A PERSON NOT A
PUBLIC OFFICER
ELEMENTS: {PC-CE-CN)
1. The offender is a frivate person;
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2. The ~onveyance or custody of a prisoner or
person under arrest is &_onfidedto him;
3. The prisoner or person under arrest gscapes;
and
4. The offender &_onsents to the escape of the
prisoner or person- under arrest, or that the
escape takes place through his .fiegligence.
Art. 225 is not applicable if a private'person was the
one who made the arrest and he consented to the
escape of the person he arrested (REYES, Book
Two, supra at 564).
It is noL"delivering" under Article 156 because he
was performing a public function. Delivery of
prisoner from jail is committed by a private person;
infidelity is by an officer-custodian (BOADO,
Compact Reviewer at 376).
SECTION TWO:
INFIDELITY IN THE CUSTODY OF
DOCUMENTS
ARTICLE 226
REMOVAL, CONC.EALMENT, OR
DESTRUCTION OF DOCUMENTS
ELEMENTS;· (PDED)
1. The offen~er be a fublic officer;
NOTE: Only public officers who have been
officially entrusted with the documents or papers
can be tiefd fiable under Art. 226. If the offender
is 'a·,pr]vate individual, estafa is committed if
there is damage caused. If there is no damage,
• the crime is malicious mischief.
2: He abstracts, removes, conceals, or Qestroys,
documents or papers;
NOTE: The removal must be for an illicit purpose
(Manzanaris v. People, G.R. No. L-64750,
January 30, 1984). However, Infidelity in the
custody of documents through destruction or
concealment does not require proof of an illicit
purpose (REYES, Book Two, supra at 569).
It is for an illicit purpose when the intention of the
offender is -
1. To·tamper with it;
2. To profit by it; or
3. To commit an act constituting a breach of
trust in the official care thereof (Kataniag v.
People, G.R. No. 48398, November 28,
1942).
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Papers include checks, promissory notes, and
paper money:
3. The said documents or papers should have
been !;_ntrustedto such public officer by reason
of his office; and
4. Qamage, whether serious or not, to a third party
or to the public interest should have been
caused (REYES, Book Two, supra at 565).
THE DOCUMENT MUST BE COMPLETE
AND ONE BY WHICH A RIGHT CAN BE
ESTABLISHED OR AN OBLIGATION
COULD BE EXTINGUISHED
Thus, the municipal president who, in a fit of anger,
mutilated the payroll of the town, is not guilty of
infidelity in the custody of document by destroying it,
it appearing that said payroll had not yet been
approved (People v. Camacho! G.R. No. 18688,
February 10, 1923).
CONSU.MMATED UPON ITS REMOVAL·
The crime of removal of public document in breaeh ,
of official trust is consummated upon its removal or
secreting away from its usual place in the office and
after the offender had gone out and locked the door,
it being immaterial whether he has or has not
actually accomplished the illicit purpQie,for whichhe
removed said document (Kataniag v. People.' G.R.
No. 48398, November 28, 1942).,
Delivering the document to the -wrong
:ll)arty is ..
infidelity in the custody thereof (REYES,'Bodk Two,
supra at 569). ·· · EVELATION OF SECRETS BY AN
DAMAGE, GREAT OR SMALL
Damage in this article may consist in me"l'e.JllalTIto
the public or in the· alienation of its confidence in any
branch'of the government service (Id.).
ARTICLE 227
OFFICER BREAKING SEAL
ELEMENTS: (PCSB)
1. The offender is a fublic officer;
2. He is charged with the ~ustody of papers or
property;
3. These papers or property are §.ealed by proper
authority; and
4. He .§.reaks the seals or permits them· to be
broken (REYES, Book Two, supra at 571).
Damage or intent to ·cause damage is not
necessary. It is sufficient that the seal is broken,
even if the contents ar~ not tampered with (Id.).
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ARTICLE 228
OPENING OF CLOSED DOCUMENTS
ELEMENTS: (PACO)
1. The offender is a fublic officer;
2. He is not included in the provisions of Art.227;
3. He is entrusted with the custody of ~losed
papers, documents, or object; and
4. He Opens or permits the same to be opened
without proper authority (AMURAO, Book Two,
Part One, supra at 762).
The closed document must be entrusted to the
custody of the accused· by reason of his office
(REYES, Book Two, supra at 572).
If in opening closed papers or objects, the public
officer broke the seal, the offense would be breaking
seal under Art. 227 and not the crime of opening a
closed document, because the offender must be a
public officer "not ineluded in the preceding article"
(Id.).
,,,,:
;p;i; p~rnage intent to cause damage is not an
offense (Id.).
. SecTIONTHREE:
R.EVEL\TION OF SECRETS
ARTICLE 229
OFFICER
,:i,
PUNISHABLE ACTS:
1. Revealing any secret known to the offending
pµblic officer by reason of his official capacity;
and
ELEMENTS: (PSWD)
a. · The offender is a fublic officer;
b. He knows of a §.ecret by reaspn of his
official capacity;
c. He reveals such secret Without authority or
justifiable reasons; and
d. Qamage, great or small, be caused to the
public interest (Id. at 574).
Sec. 3 (k) of R.A. No. 3019 is violated if there is
no damage caused in revealing the secret.
Espionage is not contemplated in this Article
• This article punishes minor official betrayals,
infidelities of little consequence, affecting
usually the administration of justice, e?(ecutiveor
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234 . CRIMINAL LAW II

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official duties, or the general interest of the information under the Human Security Act of 2007
public order (Id.). - (R.A. No. 9372, Sec. 46).

Secrets must affect public interest, if not, the ARTICLE 230

revelation would constitute no crime at all (Id.}.
2. Delivering wrongfully papers or copies of papers
of which he may have charge and which should
not be published.
ELEMENTS: (PCP-TWD)
a. The offender is a fubfic officer;
b. He has f harge of papers;
c. Those papers should not be fubfished;
d. He delivers those papers or copies thereof
to a !hird person;
e. The delivery is Wrongful; and
f. Qamage be caused to public interest (Id.).
Charge . ff 1tle pffender is a private individual, the crime under
It means control or custody. If the public Qfficer
is merely entrusted with the papers tiut not,with
the custody, he is not liable under this provision
(Id. at 575).
Damage is an element of tl'le Qffen~esqefined ITT
Art. 229. A higher penalty is provided .ifserious
damage is caused otherwise a lower penalty is
imposed. This indicateSlthafttle lesser penalty
refers to causing damage whith is not serious
(Id.).
REVELATION OF SECR~S BY AN
OFFICER AND INFIDELITY IN THE
CUSTODY OF DOCUMENTS OR
PAPERS, DISTINGUISHED
PUBLIC OFFICER REVEALING
SECRETS OF PRIVATE INDIVIDUAL
i
ELEMENTS: (PuSeW)
1. The offender is a Public officer;
2. He knows of the Secrets of a private individual
by reason of his office; and
3. He reveals such secrets Without authority or
justifiable reason. (REYES, Book Two, supra at
576).
If the offender is a lawyer, the crime under Art. 209
is committed (Id.).
Art. 290 ·Of:291 is committed.
rt is not necessary that damage is suffered by the
private·mdividvat.0The reason for this provision is to
uphotd.faittj an.c:Hrust in public service (REYES,
Book Two supra at 576).
REVELA TfdN .OF SECRETS BY AN
OFFICER AND PUBLIC OFFICER
REVEALING SECRETS OF A PRIVATE
fNDlVIOUAL,.blSTINGUISHED

The papers contain The papers do not contain

secrets and therefore secrets but their removal Committed by revealing Committed only by
should not be is for an illicit purpose. any secret known to him revealing any secret of
published, and the by reason of his office or a private individual
public officer having by wrongfully delivering known to him by reason
charge thereof papers or copies of of his office
removes and delivers papers over which he
them wrongfully to a may have charge and
third person. which should not be
published
(REYES, Book Two, supra at 575).
As to Nature of the Secret
It shall be unlawful for any person, police or law
enforcement agent, judicial officer or civil servant The secret involved is of The secret involved is
who, not being authorized by the Court of Appeals to public interest. that of a private
do so, reveals in any manner or form any classified individual.

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ELEMENTS: (POS-DD)
1. The offender is a fublic officer;
2. An Order is issued by his superior for execution; ,
3. He has for any reason .§.uspendedthe execution
of such order;
4. His superior Qisapproves the suspension of the
execution of the order; and
5. The offender Qisobeys his superior despite the
Damage to public Damage is not an disapproval of the suspension (REYES, Book
interest is an element. element. Two, supra at 578).
(AMURAO, Book Two, Part One, supra at 765-
766). This article does NOT apply if the order of the
superior is illegal JRPC, Art. 11, Par. 6).
ARTICLE 233
REFUSAL OF ASSISTANCE
CHAPTER SIX:
OTHER OFFENSES OR. ELEMENTS: (PLM)
IRREGULARITIES BY 1. The offender is a .e_
ublic officer;
2. A competent authority demands from the
PUBLIC OFFICERS offender that he bend his cooperation towards
(ARTS. 231-245) the administration of· justice or other public
service; and

des a request from one public officer

SECTION ONE: fficial in administration of justice or
DISOBEDIENCE, REFUSAL OF other pu ~ service (People v. Castro, G.R. No .
ASSISTANCE AND . 19273, March16, 1923).
MALTREATMENT OF PRISONERS
3. The oJentiet(ails to do so Maliciously (REYES,
BooJ{Tw1, su~:a at 580).

ARTICLE 231 There must be damage to the

o a third party (Id.).
OPEN DISOBEDIENCE
penalty depends on whether serious or slight
ELEMENTS: (EDWOR) caused to the public interest or a third
1. The offender is a judicial or Executive.officefr. •... GALADO, supra at 547).
2. There is a judgment, Qecision, or '()r~e(t>f a
superior authority; · ,;,; If the offender is a private individual, he may be held
3. Such judgment, decision, or order was made liable for contempt (Id. at 548).
Within the scope of the jurisdiction of the
superior authority and issued with all legal THE PUBLIC OFFICER MUST HAVE THE
formalities; and OFFICIAL DUTY TO RENDER
4. The offender, without any legal justification,
Qpenly B,efuses to execute said judgment,
ASSISTANCE
decision, or order, which he is duty bound to To be liable for refusal of assistance, the public
obey (REYES, Book Two, supra at 577). officer must have the obligation, by reason of his
office, to render assistance in the administration of
Refusal to testify in drug cases is a distinct offense justice or other public service (AMURAO, Book Two,
under R.A. 9165 (BOADO, Compact Reviewer at Part One, supra at 770).
377).
ARTICLE 234
ARTICLE 232 REFUSAL TO DISCHARGE ELECTIVE
DISOBEDIENCE TO ORDER OF OFFICE
SUPERIOR OFFICER WHEN SAID
ORDER WAS SUSPENDED BY ELEMENTS: (ERN)
INFERIOR OFFICER 1. The offender is glected by popular election to a
public office;

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2. He Refuses to be sworn in or to discharge the QUALIFYING CIRCUMSTANCE

duties of said office; and If the purpose of the maltreatment is to extort a
3. There is No legal motive for such refusal to be confession or to obtain some information from the
sworn in or to discharge the duties of said qffice prisoner (Id. at 772).
(REYES, Book Two, supra at 581).

REASON: Once·an individual is elected to an office -PHYSICAL INJURIES, -NOT

by the will of the people, the discharge of the_duties MALTREATMENT OF PRISONERS
of said office becomes a matter of duty, not only a ff a person who is arrested is maltreated before he
right (Id.). is booked in the office of the police and placed in jail
even for a moment, tbe crime committed is physical
ARTICLE 235 injuries and not maltreatment (REYES, Book Two
MALTREATMENT OF PRISONERS supra at 583).

ELEMENTS: (PPM) COERCION, NOT MALTREATMENT OF

1. The offender is a f.ublic officer or employee;
- PRISONERS
2. He has under his charge a f_risoner convicted by The fact that an individual was maltreated for the
final judgment or a detention prisoner; and purpose of compelling him to confess a crime, which
3. He Maltreats· such prisoner in either of the )lVas attributed to him, constitutes the crime of
following manners: consummated coercion (US v. Cusi, G.R. No. L-
a. Overdoing himself in the ootr?cti61'\. or 3699, Mar-ch 18, 1908).
handling of a prisoner or det€ntion' prisciner
under his charge either: It shaU t:,e uolawful for any person to use threat,
i. The imposition of puni~hmel)ts not int+midaficm,or coefcion, or who inflict physical pain
authorized by the regulations; or or torment, or 1J1et;1tal, moral, or psychological
ii. Inflicting such punistiments (those pressure, which shall vitiate the free will of a charged
authorized) in ~ cruel and humiliating or suspected: P?fSO~ under investigation and
manner; or interrogation for:the_crime of terrorism or the crime
b. Maltreating such -prisoner to ?Xtort a of c6ns~iracy tq commit terrorism (R.A. No. 9372,
confession or to obtain" some information Sec. 25; otherwis,Hmown as The Human Security
from the prisoner (li:{'at 58'2). · Act).

NOTE: It is necessary that the ·

maltreated prisoner be under the dharge of the
officer maltreating him (Punzalan v. People, G.R. SECt'ION TWO:
No. L-8820, May 26, 1956). . . ANTICIPATION, \
_ PROI.ONGATION,AN:D
To be a detention pri;oner, the personarre~edmust . ABANDONMENT OF THE DUTIES
be placed in jail even for a short while (REEVES,Book AND POWERS OF PUBLIC
Two, supra at 583). '
OFFICE
Maltreatment refers not only to physical
maltreatment but also moral, psychological and
other kinds of maltreatment because of the phrases
"physical injuries or damage caused" and "cruel or
ARTICLE 236
humiliating manner." (BOADO, Compact Reviewer ANTICIPATION OF DUTIES OF
at 377). A PUBLIC OFFICE

MALTREATMENT OF PRISONERS ELEMENTS: (ESANO)

CANNOT BE COMPLEXED WITH OTHER
CRIMES.
It cannot be complexed with homicide, physical
injuries or other crimes because Art. 235 states: "in
addition to his liability for the physical injuries or
damage caused" (AMURAO, Book Two, Part One,
supra at 774).
1. The offender is _§ntitledto hold a public office or
employment, either by election or ap_pointment;
2. The law requires that he should first be §_wornin
and/or should first give a bond;
3. He Assumes the performance of the duties and
powers of such office; and
4. He has Not taken his Oath of office and/or given
the bond required by law (REYES, Book Two,
supra at 586).

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ARTICLE 237 ARTICLE 239

PROLONGING PERFORMANCE USURPATION OF LEGISLATIVE
OF DUTIES AND POWERS POWERS

ELEMENTS: (PEE) ELEMENTS: (EJMAS)

1. The offender is holding a fublic office; 1. The offender is an Executive or Judicial officer·
and - - '
2. The period · provided by law, regulations or
special provisions for holding such office, has 2. He:
already .!;_xpired;and · a. Makes general rules or regulations beyond
3. He continues to .!;_xercisethe duties and powers the· scope of his authority;
of such office (Id. at 597). b. Attempts to repeal a law; or
c. .§.uspends the execution thereof (REYES,
OFFICERS CONTEMPLATED Book Two, supra at 590).
A public officer who has been suspended,
separated, declared overage, or dismissed cannot ART-ICLE 240
continue to perform the duties of his office (Id.). USURPATION OF EXECUTIVE
FUNCTIONS
ARTICLE 238
ABANDONMENT OF OFFICE OR ELEMENTS: (JuAsO)
POSITION 1. The offender is a Judge; and
2. He:
ELEMENTS: (PR-NAD) ;;;::• a. Assumes a power pertaining ·to the
·.: .· .. . exeeytive authorities; or
1. The offender is a fublic officer; , : "'':':,b,:Qt>sf:ructsthe executive authorities in the
2. He formally Resigns from his position;
lawtut,exercise of their powers (Id.).
i . .
NOTE: There must be written or formal
Legislative)otfic\rs are not liable for usurpation of
resignation (REYE;S, Book Two, 588),,
powers (le/). ·
3. His resignation has Not yet been Accepted; and
4. He abandons his office to the Qetriment. of the .. , .•...· 4RTICLE 241 .
public service (Id.). ''U:--TION OF JUDICIAL
FUNCTIONS
REQUISITES OF RESIGNATION FROM
PUBLIC OFFICE: ;;,,:'•·--N,TS: (Ex-AsO)
1. Intention to relinquish a part of the term; 1. The offender is an officer of the Executive
2. An act of relinquishment; and branch of the Government;
3. An acceptance by the proper authority (LRTA v. 2. He:
Salvafia, G.R. No. 192074, June 10, 2014). a. Assumes judicial powers; or
b. Obstructs the execution of any order or
QUALIFYING CIRCUMSTANCE decision rendered by any judge within his
The offense is qualified if the purpose behind the jurisdiction (Id. at.591).
abandonment of office is to evade the discharge of
duties consisting of pr~venting, prosecuting or Performance of quasi-judicial functions will not make.
punishing any of the crimes against national security an official liable for usurpation of judicial functions
and crimes against public order (AMURAO, Book (AMURAO, Book Two, Part One, supra at 799).
Two, Part One, supra at 796).
ARTICLE 242
DISOBEYING REQUEST FOR
DISQUALIFICATION
SECTION THREE:
USURPATION OF POWERS AND ELEMENTS: (P2QRCo)
UNLAWFUL APPOINTMENTS
1. The offender is a fublic officer;
2. A proceeding is fending before such public
officer;
3. There is a Question brought before the proper

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authority regarding his jurisdiction, which is not ARTICLE 245

yet decided; ABUSES AGAINST CHASTJTY -
4. He has been lawfully required to Refrain from
continuing the proceeding; and
PENALTIES
5. He Continues the proceeding (REYES, Book
Two, supra at 592). PUNISHABLE ACTS: (ICU)
1. Soliciting or making immoral or indecent
The disobedient public officer is liable, ·even if the advances to a woman !nterested in the matters
jurisdictional question is resolved by the proper pending before the offending officer for decision,
authority in his favor (11 Cuello Galon, Codigo or with respect to which he is required to submit
Penal, 10th ed., p. 388). a report to or consult with a superior officer;
ARTICLE 243 2. Soliciting or making immoral or indecent
ORDERS OR REQUESTS BY advances to a woman !J.nder the offender's
custody; and
EXECUTIVE OFFICERS TO ANY
3. Soliciting or making immoral or indecent
JUDICIAL AUTHORITY advances to the wife, daughter, sister or relative
within the same degree by affinity of any person
ELEMENTS: (Ex-AdORe) in the f ustody of the offending warden or officer
• 1. The offender is an Executive officer; (Id. at 595).
2. He Addresses any Order or suggestion to any
judicial authority; and · EL.El\lfl!,NTS:(PuSoW lnCR)
3. The order or suggestion Relates ta.anycase or 1.· The offender is a Public officer;
business coming within the exclusiv&jurisdiction 2. He Solicits or makes immoral or indecent
of the courts of justice (REYE$, •~k Two, adva(lces to a woman; and
supra at 592-593). · · 3. Suc;hWomanl;Tf\./stbe:
a. lnter~s~d- ir1,matters pending before the
ARTICLE244 offend~r for. decision, or with respect to
UNLAWFUL APPQIN,:MENT:S which ~ is reqµired to submit a report to or
consult a
¥Jitll S!Jperiorofficer; .
b. Under t~e fustody of the offender who is a
ELEMENTS: (PuNo-LaK) Wc:Jrden i: or otjher public officer directly
1. The offender is a Publidiofficen. . / •• charge<;t•.w.ith,'.lhe care and custody of

office· t
a
2. He Nominates or appoif\tS. f:)8{SO_h'~O
·· ··
8,piublic prison(fl"Soi-persons under arrest; or
c: rhe wife, daughter, sister or Relative within
3. Such ' person Lacks th~. legal qualif~c:itkl,js ... the,iame d~ree by affinity of the person in
therefor; and . · .. ·. . tt}i custod/of the offender (Id. at 596).
4. The offender _tsnows that\J:iis no~e' :br 7
appointee lacks the qualificatidl\ at)fle Jim~·Ae . .NeTi.:·Jh~ m'1ther
of the person -ii) the custody of
made the nomination or appointm~~(tcfiat' ,93- the.offanderis
<,, '@ not included (Id.).
594).
··SOiicit.
The offense is committed by "nominating" or by It means to propose earnestly and persistently
"appointing." "Nominate" is different from something unchaste and immoral to a woman (Id.)
"recommend." Recommending, knowing that the Mere solicitation consummates the crime even if
recommendee has no qualification, is not a crime nothing results therefrom. If, however, the offender
(Id.). succeeds in committing a crime against chastity, the
solicitation and advances are considered merely as
There must be a law providing for the qualifications preparatory acts (REGALADO, supra at 555).
of a person to be nominated or appointed to a public
office (Id.). Proof of solicitation is not necessary when there is
sexual intercourse (U.S. v. Morelos, G.R. No. 9768,
February 20, 1915). ·

SECTION FOUR: NOTE: See also R.A. No. 7877, the "Anti-Sexual
ABUSES AGAINST CHASTITY Harassment 'Act of 1995" which applies where the
accused demands, requests or otherwise requires
any sexual favors from the victim in a work,
education or training-related environment.

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the relationship of the offender with the victim

TITLE EIGHT: (People v. Dalag,' GR. No. 129895, April 30,
2003).
-CRIMES AGAINST 3. The relationship between the offender and the
PERSONS victim must be alleged. However, relationship
must be considered aggravating even if not
alleged in the information (People v. Jumawan,
G.R. No, L-50905, September 23, 1982).
4. If the marriage is void due to Art. 36 of the Family
CHAPI'ER ONE: Code (Psychological Incapacity), whether or not
DESTRUCTION OF LIFE. the crime is parricide depends on WHEN THE
(ARTS. 246-261) CRIME WAS COMMITTED. If subsisting,
parricide, otherwise, homicide or murder as the
case may be (Pimentel v. Pimentel, G.R. No.
172060, September 13, 2010).
SECTION ONE: 5. The law does not require knowledge of
PARRICIDE, MURDER, relationship, thus, a person who killed another
not knowing that the latter was his son will still
HOMICIDE be held guilty of parricide (REYES, Book Two,
supra at 603).
6. The crime committed is either homicide or
murder as the case may be if committed by one
ARTICLE 246 who kills his/her illegitimate ascendant or
PARRICIDE descendant (REYES, Book Two, supra at 60'0).
7 ..., The fath~r, mother or child may be legitimate or
ELEMENTS: (KA-FMCADS) '•:,;,;;:,,UJ~!~,~
(Id.).
8. Tne oth~t. ascendant or descendant must be
1. That a person is ~illed; . legitimate, (l,d.J.
2. That the deceased is killed by the Accused; and 9. The child snould not be less than three days old.
3. That the deceased is the Eathe"r: Mother, or Otherwise, ·tt,e crime committed would be
fhild, whether legitimate or illegitimate,.or qther infan:t.'cid~(Id.). ,
legitimate Ascendant or Qescendant, or the 10. Marital vi9len~ that leads to spousal killing is
legitimate §.pouse, of the .accused (REYES,
Book Two, supra at 599)
p~~,; · >v. Macal y Balasco, G.R. No.
. 211052; 13, 2016).
11. The spouse must be legitimate. In parricide of a
CASES OF PARRICIDE WHEN . THE spouse, the best proof of the relationship
PENALTY SHALL NOT BE RECLUSION .between the accused and the deceased would
PERPETUA TO DEATH: :.tiitf1emarriage certificate (REYES, Book Two,
supra at 600).
1. Parricide through negligence (Art. 365);
2. Parricide by mistake (Art. 49); and
3. Parricide under exceptional circumstances (Art. NOTE: If the information failed to allege
247).
marriage between the offender and the
offended, the former cannot be convicted of
parricide (BOADO, Compact Reviewer, supra at
RELATIONSHIP OF THE OFFENDER 382).
WITH THE VICTIM IS THE ESSENTIAL
ELEMENT OF THE CRIME OF 12. Annulment of marriage is not a prejudicial
PARRICIDE question in a prosecution for parricide. The issue
Hence: in the former is not similar intimately related to
1. If a person wanted to kill a stranger b1,.1tby the issue in the latter. Further, the relationship
mistake killed his own father, he will be held between the offender and the victim is not
liable for parricide, but Art. 49 will apply as determinative of the guilt or innocence of the
regards the proper penalty to be imposed, that accused (Pimentel v. Pimentel, G.R. No.
172060, September 13, 2010).
is, the penalty for the lesser offense in its
maximum period (REYES, Book Two, supra at 13: Only relatives by blood and in the direct line,
603).
except the spouse, are considered in parricide
(REYES, Book Two, supra at 600).
2. A stranger who cooperates and takes part in the
commission of the crime of parricide is not guilty 14. Adoptive parents and adopted children are not
of parricide but only of homicide or murder, as included in the provision for parricide (Id.).
the case may be. The key element in parricide is 15. Parricide can -be committed through reckless

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imprudence (REYES, Book Two supra at 602).
The husband, who, while struggling for the
possession of the gun with his children, without
intent to kill anyone, pulled the trigger of the gun
which exploded and hit his wife who was
approaching them, is guilty of parricide through
reckless imprudence (Id.).
ARTICLE 247
DEATH OR PHYSICAL INJURIES
INFLICTED UNDER EXCEPTIONAL
CIRCUMSTANCES
ELEMENTS: (MaPKiSNo)
1. That a legally Married person or a farent
surprises his spouse or his daughter, the latter
under eighteen (18) years of age and living with
him, in the act of committing sexual intercourse
with another person; .
2. That he Kills any or both of them, ofinflicts t.Jpon
any or both of them any §erious ph}'sical}injury,
in the act or immediately thereafter; arid}
3. That he has Not promoted or f~cflitated the
prostitution of his wife or daughtet/Or that he has
not consented to the infidelity of the other
spouse. (REYES, Book 'Two, stipra at M4).
,,"' ,,
Art. 247 does not definef a feltiny because the
accused is sentenced to qest'ie[[Q, iriste~q of the
severe penalty for parricide, h9mtcide, <i. ~erlous
physical injuries provided for it\ A~. 24£t249, or
263 (People v. Araque/, G.R. 'f,Jo. L~i2629,
Qecember 9, 1959). · ·
0:0 - ,
The accused must be a legally m~ried pei~qiftne ..•
victim is his or her spouse (Peop/e''il,. Artiqu~(G:rR.
No. L-12629, December 9, 1959). · · ·
o'"'l(!s,
The penalty of destierro under Art. 247 is m"ere'•
banishment and is intended more for the protection
of the accused than punishment (People v. Coricor,
G.R. No. L-48768, December 4, 1947).
It is immaterial whether the daughter is legitimate or
illegitimate, provided she is living with the guilty
parent (REGALADO, supra at 560). · physical injuries upon his wife and/ or paramour at
Although the law does not use the word "unmarried"
in relation to daughter, this article applies only when
the daughter is single and under 18 years old, as in
this case, she is deemed under parental authority. If
she is ·married, her husband alone can claim the
benefits of Art. 247 (REYES, Book Two, supra at
606).
The person claiming the benefits of Art. 247 must
surprise his spouse or daughter under 18 years old
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and living with him in the act of committing sexual
intercourse with another person (Id.).
If the physical injuries infllcted are less serious or
slight, there is no criminal liability (Id. at 610).
The accused cannot be held liable for frustrated
murder for the injuries sustained by third persons.
However, he is not totally free from any
responsibility. He may be liable for less serious
physical injuries through simple imprudence or
negligence (Id. at 610-611 ).
Surprise
To come upon suddenly and unexpectedly (Id. at
606).
Sexual Intercourse
There must be actual sexual intercourse, meaning
vaginal penetration by the penis (People v.
Gonzales, G.R.No. 46310, October31,·1939).
The privilege granted under Art. 247 is conditioned
on the requirement that the spouse surprise the
husband or the wtfe in the act of committing sexual
intercourse with .another person (People v.
Gonzales, G.R. No. 4,6310, October 31, 1939).
Th_e phrase "1n.the act of committing sexual
intercour;se" do® .ootinclude merely sleeping on the
same bE!ld(People v. 't3ituanan, G.R. No. 34510,
August !31, 193t}.
For a f)tisband'S aetcfo t/e justified, it is not necessary
that he. sees the carnal act being committed by his
wit~withhis ACJWn eye$. It is enough that he surprises
.them under suet]/ circumstances as to show
,""
ta:asonqhfy that the carnal act is being committed or
ha~}j0'$t been eoh1mitted (Concurring opinion of J.
.Moran, Ir/.FJ;ople v. Gonzales, G.R. No. 46310,
·Qctober.~'1;~ 1939, citing United States v. Alano, G.R .
. No..t::11021, December 1, 1915).
Immediately Thereafter
The discovery, the escape, the pursuit, and the
killing must all form part of one continuous act (U.S.
v. Vargas, G.R. No. 1053, May 7, 1903).
The accused husband need not kill or inflict serious
the place where he surprised them in flagrante
delicto (U.S. v. Alano, G.R. No. L-11021, December
1, 1915).
The death caused must be the proximate result of
the outrage overwhelming the accused after
chancing upon his spouse in the basest act of
infidelity (People v. Abarca, G.R. No. 74433,
September 14, 1987).
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If only less serious or slight or slight physical injuries
were inflicted, Art. 247 shall operate as an
absolutory cause to exculpate the accused from any
criminal liability (REYES, Book Two, supra at 515).
JUSTIFICATION FOR ART. 247
The law considers the spouse or parent as acting in
~ a justified burst of passion (Concurring opinion of J.
Moran in People v. Gonzales, G.R. No. 46310,
October 31, -1939).
PERSONS WHO ARE NOT ENTITLED TO
THE BENEFITS OF ART. 247 (PFC):
1. Any person who shall f romote the prostitution of
his wife or daughter;
2. Any person who shall facilitate the prostitution
of his wife or daughter; and
3. Any person who shall fonsent .to the infidelity of
the other spouse (AMURAO, Commentaries on
Criminal Law RPG, Book Two, Part Two (2014),
p. 11 [hereinafter AMURAO, Book Two, Part
Two]).
ARTICLE 248
MURDER·
ELEMENTS: (KAQuaNo)
1. That a person was ,!:Silled~
2. That the Accused killed him;
3. That the killing was attended by any of the
Qualifying circumstances mentioned in Art. 248;
and
4. That the killing is Not parricide or infanticide .
(REYES, Book Two, supra at 613).
QUALIFYING CIRCUMSTANCES:
(TPICEC)
Unlawful killing of any person which is not parricide
or infanticide provided that any of the following
circumstances is present:
1. With Ireachery, taking advantage of supe_rior
strength, with the aid of armed men, or
employing means to weaken the defense, or of
means or persons to insure or afford impunity;
2. In consideration of a frice, reward or promise;
3. By means of !nundation, fire, 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 mean·s involving great waste and ruin;
4. On occasion of any falamities enumerated in
the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone,
epidemic, or any other public calamity;
5. With gvident premeditation; or
6. With fruelty, by deliberately and inhumanly
augme·nting the suffering of the victim, or
outraging or scoffing at his person or corpse
(REYES, Book Two, supra at 612-613).
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On.ly one qualifying circumstance is needed or is
enough to make the killing murder (People v.
Dueno, G.R. No. L-31102, May 5, 1979).
Treachery
In order for treachery to be properly appreciated, two
elements must be present:
1. At the time of the attack, the victim was not in a
position to defend himself; and
2. The accused consciously and deliberately
adopted the particular means, methods, or
forms of attack employed by him (People v.
Racal, G.R. No. 224886, September 4, 2017).
The essence of treachery is the sudden attack by an
aggressor without the slightest provocation on the
part of the victim, depriving the latter of any real
chance to defend himself, thereby ensuring the
commission of the crime without risk to the
aggressor (People v. Agacer, G.R. No. 177751,
December 14, 2011).
NOTE: Mere suddenness of the attack does not
amount to treachery (People v. Tabuelog, G.R. No.
178059, .Jan1.1ary22, 2008).
Killing of a child of tender years is murder even if the
manner of attack is not shown (People v. Valerio, Jr.,
L-4116, Febri:Jary 25, 1982).
Price, Reward, or Promise
The person who received the price or reward or who
a
accepted promise or reward, and who would not
have killed the victim were it not for that price, reward
or. promise is a principal by direct . participation
. (FtE:YEB,
S'
~oak Two, supra at 617).
,'>c ,~, 'j;
The one who gave the_price or reward or who made
the promise is a principal by inducement (Id.).
Fire
There should be an actual design to kill and that the
use of fire should be purposely adopted as a means
to that end (REYES, Book Two, supra at 618).
When the Crime is Attended with Treachery and
"By Means of Explosion"
Since the use of explosives is the principal mode of
- attack, reason dictates that this attendant
circumstance should qualify the offense instead of
treachery which will then be relegated merely as a
generic aggravating circumstance (Malana v.
People, G.R. No. 173612, March 26, 2008).
On the Occasion of Inundation, Shipwreck, etc.
of an earthquake, eruption of a volcano,
epidemic or any other public calamity
Killing a person on these occasions, when taken
advantage of by the offender, qualifies the crime to
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murder (REYES, Book Two, supra at 619).
With Evident Premeditation
Requisites:
1. The time when the offender has determined to
commit the crime;
2. An act manifestly indicating that the culprit has
clung to his determination; and
3. A sufficient interval of time between the
determination and the execution of the crime
has lapsed to allow '-him to reflect upon the
consequences of his act (REYES, Book Two,
supra at 620).
Cruelty
There is cruelty when other injuries or wounds are
inflicted deliberately by the offender, which are not
necessary for the killing of the victim. The victim
must be alive when the other injuries or wounds are
inflicted (Id.).
NOTE: There is cruelty when the culp,rifegjoys ~nd
delights in making his victim Sllffer slowly aoo
gradually causing him unnecessary ,phys~ pain in
th e consummation of the crin,inlil act l'AMLJRAO,
Book Two, Part Two, citing PP-vs Vald(IZ, 3$0 SCRA
189). . ...
:
Outraging (physical act} " ,, • murder by means of poison and, as such, they
It means to cor:rimit an extremely yicious or deeply
insulting act (REYES, Book; Two, dllpra .at 620).
Scoff"mg(verbal act) , . • ..
It means to jeer, and iinprles \1 showing.,.•of
irreverence (Id.).
In cruelty and ignominy, the intention of the.acGU$ed
is to augment the physical and mo~I suffefing"6f the
victim, respectively; hence, these circuin$tances·
cannot be considered if the subject,., ..j;!Ct was
committed at the time the victim was already dead .
since a dead person suffers no more. On the other ·
hand, outraging or scoffing is either at the person of
the victim or at the corpse of the victim. Hence,
scoffing can be considered even though the
outrageous act was committed at the time that the
victim is already dead (II CAMPANILLA, Reviewer,
supra at 387).
NOTE: In scoffing the victim, the accused must be
already dead after the acts were committed (People
v. Amondina, G.R. No. 75295 March 17, 1993).
Cutting the head of a dying victim after the infliction
, of mortal wound on him is cruelty or scoffing (People
v. Gerero, G.R. No. 213601, July 27, 2016)(1(
CAMPANILLA, Reviewer supra at 388).
Raping a dying victim after the infliction of mortal
wound on her is cruelty, ignominy, and scoffing
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CRIMINALLAW II
Criminal Law
(People v. Lf¾spardas, G.R. No. L-46146, October
23, 1979) (Id.).
RULES FOR THE APPLICATION OF THE
CIRCUMSTANCES WHICH QUALIFY
THE KILLING TO MURDER:
1. Only one qualifying circumstance described in
Art. 248 is necessary to qualify the offense as
murder (People v. Dueno, G.R. No. L-31102,
May 5, 1979);
NOTE: Where there is more than one qualifying
circumstance present, only one will qualify the
killing. The rest shall to be considered as generic
aggravating circumstance (People v. Dueno,
G.R. No. L-31102, May 5, 1979).
2. When the other circumstances are absorbed or
included in one qualifying circumstance, they
. cannot be considered as generic aggravating
circumstances (People v. Sespene, G.R. No. L-
9346,· October 30, 1957); and
-3, Any of the qualifying circumstances enumerated
·mArt. 248 "'ust be alleged in the information
(U.S. v: Campg, G.R. No. 7321, November 5,
1912). .
Treachery andevident 1premeditation are inherent in
cannot be considered ~s
aggravating (REYES, Book
Two, supra at 618f ··
,._ ,, ,. ! c-.. ," f
Although issued wittf·license to possess firearms,
carrYjog such .firearm$ outside the residence and
µnauthotized, use thereof in killing may be
appreciate<j as an} aggravating circumstance in
imposing.penalty for murder (People v. Molina, G.R.
No: 115835:-36,iuly 22, 1998).
T~•,,.use. of'a loose firearm, when inherent in the
cq_~'$ion of a crime punishable under the RPC or
·other special laws, shall be considered as an
aggravating circumstance (R.A. No. 10591, Sec.
29}. The intent of Congress is to treat the offense of
illegal possession of firearm and the commission of
homicide or murder with the use of unlicensed
firearm as a single offense (People v. Gaborne, G.R.
No. 210710, July 27, 2016).
Loose Firearm
It refers to an unregistered firearm, an obliterated or
altered firearm, firearm which has been lost or
stolen, illegally manufactured firearms, registered
firearms in the possession of an individual other than
the licensee and those with revoked licenses in
accordance with the rules and regulations (R.A. No.
10591, Sec. 3, Par. v).
Under the Human Security Act of 2007, a perSon
who commits an act punishable as murder under Art.
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248 thereby sowing and creating a condition of
widespread and extraordinary fear and panic among
the populace, in order to coerce the government to
give in to an unlawful demand shall be guilty of
terrorism (R.A. No. 9372, Sec. 3).
ARTICLE 249
HOMICIDE
HOMICIDE
The unlawful killing of any person, which is neither
parricide, murder or infanticide (REYES, Book Two,
supra at 622).
ELEMENTS: (KWIN)
1 . That a person was ~illed;
2. That - the accused killed him Without any
justifying circumstance;
3. That the accused had the !ntention to kill, which
is presumed; and
4. That the killing was M_otattended by any of the .
qualifying circ;:umstancesof murder, or by that of
parricide or infanticide (Id.).
INTENT TO KILL
GENERAL RULE: Intent to kill is conclusively
presumed when death results.
EXCEPTION: Evidence of intent to.k-ilJis crucial only
to a finding of attempted or frustrated homicide·
(Yapyuco v. Sandiganbayan, G~R. No. 120744-46,
June 25, 2012).
In an attempted or frustrated homicide, the offender
must have the intent to kill the victim. If there is no
intent to kill on the· part of the offender, he is liaple
for physical injuries (REYES, Book Two, supra·at
622).
Intent to kill may be proved by evidence of motive,
the nature or number of weapons used in the
commission of the crime, the .nature and number of
wounds inflicted on the victim, the manner the crime
was committed and the words uttered by the
offender at the time the injuries are inflicted by him
on the victim (Esqueda v. People, G.R. No. 170222,
June 18, 2009).
ACCIDENTAL HOMICIDE
It is the death of a person brought about by a lawful
act performed with proper care and skill and without
homicidal intent, e.g. death in boxing bout. There is
no felony committed in this case (REYES, Book
Two, supra at 626).
If the rules in a boxing bout have been violated, as a
foul blow, and death resulted, the crime would be
homicide through negligence. And if the foul blow is
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. 243
intended for the purpose of k'illing the opponent, the
crime of intentional homicide is committed (Id.).
CORPUS DELICTI
It means the fact of the crime; that a crime was
actually perpetrated and does not refer to the body
of the murdered person nor the object robbed or
stolen from the owner (People v. Taruc, G.R. No. L-
18308, April 30, 1966).
In homicide (by dolo and in murder cases, the
prosecution is burdened to prove: (a) the death of
the party alleged to be dead; (b) that death was
produced by the criminal act' of some other than the
deceased and was produced by the criminal act
other than the deceased and was not the result of
accident, natural cause or suicide; and (c) that
defendant committed the criminal act or was in some
way criminally responsible for the act which
produced the death (REYES, Book Two, supra at
'./ 627).
;~ When there is no way of determining how the attack
({f[::
was committed, treachery cannot be considered and
i)~J;•c;~ccus · · guilty only of homicide (People v.
~'""'i!Jeflfr . No. 152176, October 1, 2003).
There can be no crime of attempted or frustrated
homicide t11fo~g~reckless imprudence. The element
of intent tc, kilt in attempted or frustrated homicide is
incompatible ' wittj negligence or imprudence
(REY. pra at 625).
ARTICLE 250
PENAL TY FOR FRUSTRATED
ICIDE, MURDER, OR HOMICIDE
olins mayimpose a penalty two degrees lower for
frustrated parricide, murder or homicide (REYES,
Book Two, supra at 628).
Courts may impose a penalty three degrees lower
for attempted parricide, murder or homicide (Id.).
This provision is permissive, not mandatory (Id.).
An attempt on, or a conspiracy against the life of the
Chief Executive, a member of his family, any
member of his cabinet or members·of latter's family
is punishable by life imprisonment (P.O. No. 1110-A,
as amended by P.O. No. 1743).
ARTICLE 251
DEATH CAUSED IN A TUMULTUOUS
AFFRAY
ELEMENTS: (SNAKAP)
1. That there be §everal persons;
2. That they did Not compose groups organized for
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the common purpose of assaulting and attacking
each other reciprocally;
NOTE: Otherwise, they may be held liable as
co-conspirators.
3. That these several persons quarreled and
Assaulted one another in a confused and
tumultuous manner;
4. That someone was _!:Silledin the course of the
affray;
5. That it cannot be Ascertained who actually killed
the deceased; and
6. That the person or persons who inflicted serious
fhysical injuries or who used violence can be
identified (REYES, Book Two, supra at 630).
PERSONS LIABLE:
1. The person or persons who inflicted the serious
physical injuries are liable (RPG, Art. 251, Par.
1); or
2. If it is not known who inflicted the serious
physical injuries on the deceased - ALL the
persons who used violence upon the person of
the victim are liable, but with lesser liability
(RPG, Art. 251, Par. 2).
TUMULTUOUS AFFRAY
A melee or free-for-all, where several persons not ·
comprising definite or identifiable groups attack one
another in a confused and disorganized manner
resulting in the death or injury of one or some of them
(People v. Campa, G.R. No. 105391, February 28,
1994).
Tumultuous affray exists when at.least four persons
are involved in the crime committed_(RPG, Art 153,
Par. 3).
When the quarrel is between a distinct group of
individuals, one of whom was sufficiently identified
as the principal author of the killing, as against a
common, particular victim, it is not a "tumultuous
affray" within the meaning of Art. 251 of the RPC
(People v. Unlagada, G.R. No. 141080, September
17, 2002). In such a case, the crime committed is
homicide under Art. 249.
The person killed in the course of the affray need not
be one of the participants in the affray (REYES,
Book Two, supra at 632).
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ARTICLE 252
PHYSICAL INJURIES INFLICTED IN A
TUMULTUOUS AFFRAY
ELEMENTS: (TuPReV)
1. That there is a Tumultuous affray as referred to
in Art. 251;
2. That a participant dr some participants thereof
suffer serious fhysical 'injuries or physical
injuries of a less serious nature only;
3. That the person Responsible therefore cannot
be identified; and
4. That all those who appear to have used ~iolence
upon the person of the offended party are known
(REYES, Bobk Two, supra at 633).
The injured person or victim must be a participant in
the affray (REYES, Book Two, supra at 634).
Only those who used violence are punished,
because if the one who caused the physical injuries
is known, he will be liable for the physical injuries
actually committed, and not under this article (Id.).
ARllCLE 253
GIVING ASSISTANCE TO SUICIDE
PUNISHABLE AC'l=S:(AL)
1. Assisting anoflier to·commit suicide, whether the
suicide is consummated or not; arid
2. .bending his assistance to another to commit .
suicide to the extent of doing the killing himself
(REYES,·Book Two, supra at 635).
A person who attempts to commit suicide is not
criminally liable even if an innocent third person is
hurt or killed or property or is damaged
(REGALADO, supra at 570-571 ).
The penalty for giving assistance to suicide if the
offender is the father, mother, child or spouse of the
one committing suicide is the same since the law
does not distinguish (REYES, Book Two, supra at
636). .
If a person wants to jump from a bridge but is afraid
to do so and asks another to shove him off, if the
latter does so, he shall be liable under this Article. If,
however, such person is teetering on the bridge,
taking his time to think if he shall jump, and the
offender voluntarily pushed him, that ~atter's act is
not just assisting but murder qualified by treachery
(BOADO, supra at 698).
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EUTHANASIA OR "MERCY-KILLING" ALARMS AND SCANDALS,

It is a practice of painlessly putting to death a person DISCHARGE OF FIREARMS, AND
· suffering from some incurable disease (REYES, GRAVE THREATS, DISTINGUISHED
Book Two, supra at 637).

A doctor who resorted to· euthanasia may be held

liable for murder under Art. 248 since euthanasia is
not giving assistance to suicide but doing the killing
himself (Id.).

In euthanasia, the person kilted does not want to die Public place At any place At any place
(Id.). (and aimed at a 1
specific person)
ARTICLE 254
DISCHARGE OF FIREARMS As to Purpose

To cause To intimidate or To demand

ELEMENTS: (DiNo) disturbance or frighten a person money or
1. That the offender Discharges a firearm against scandal. impose any
or at another person; and other
2. That the offender has No intention to kill that .condition
person (Id.).
(BOAOO, supra at 470-471).
NOTE: The purpose of the offender is only to
intimidate or frighten the offended party. If the
discharge of the firearm is coupled with intent to kill,
kSECTION 1WO:
the crime is frustrated/attempted parricide, murder,
or homicide (REYES, Book Two, supra at638). INFANTICIDE AND ABORTION

If in the discharge of firearm, the offended party is hit

and wounded, there is a complex crime of discharge
of firearm with serious or less serious physical ARTICLE 255
injuries (People v. Arquiza, G.R. Nos. L·42128- :'\lfJFANTICIDE
42129, December 19, 1935). If only slight physical
injuries were inflicted, there is no complex crime (but INFANTICIDE
two separate crimes) since such physical injuries
.lUall:tekilling
of any child less than three (3) days of
constitute a light felony (REYES, Book Two, supra - age,'whelher
the killer is the parent or grandparent,
at 639).
any other relative of the child, or a stranger (REYES,
Book Two, supra at 640).
The crime is discharge of firearm even if the gun was
not pointed at the offended party when it was fired,
as long as it was initially aimed by the accused at or ELEMENTS: (KLA)
against the offended party (Id.). 1. That a child was fSilled;
2. That the deceased child was ,bess than three
If the firearm was not aimed against or at another days (72 hours) of age; and
person, the crime committed is Alarms and Scandals 3. That the Accused killed the said child (People v.
under Art. 155 of the RPC (REYES, Book Two, Adalia, G.R. No. 235990, January 22, 2020).
supra at 638).
PENALTY FOR PARRICIDE SHALL BE
IMPOSED WHERE THE ACCUSED IS:
1. The father or mother of the child, whether
legitimate or illegitimate; or
2. Any other legitimate ascendant of the child
(REYES, Book Two,.supra at 641).

MITIGATING CIRCUMSTANCE
Only the mother and the maternal grandparents of
the child are entitled to the mitigating circumstance
of concealing the mother's dishonor (RPG, Art. 255,

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Par. 2).
PARRICIDE INFANTICIDE
(Art. 246) (Art. 255)
The delinquent mother who claims to be concealing
dishonor must be of good reputation and good As to the Mitigating Circumstance of
morals in order that concealing dishonor may Concealment of Dishonor
mitigate her liability (REYES, Book Two, supra at
642). Concealment of Concealment of
dishonor of the mother dishonor of the mother
Other person who kills or cooperates with the mother is not mitigating. (and maternal
or maternal grandparent in killing a child less than grandparents) is
three days old will suffer the penalty for murder (U.S. mitigating.
v. Aquino, G.R. No. 11653, August 19, 1916).
(BOADO, supra at 700-701).
No crime of infanticide is committed if the child has
been dead or if, although born alive, it could not ARTICLE 256
sustain an independent life when it was killed INTENTIONAL ABORTION
(REYES, Book Two, supra at 643).

Treachery is inherent in infanticide (U.S. v. Oro, G.R.

ABORTION
No. 5781, August 14, 1911). It is the willful killing of the fetus in the uterus or the
violent expulsion of the fetus from the maternal
PARRICIDE AND INFANTICIDE, womb which results in the death of the fetus
(REYES, Book Two, supra at 643).
DISTINGUISHED .
PARRICIDE INFANTICIDE ELEMENTS: (P~eVAADI)
(Art. 246) (Art. 255) 1. That there 1sa ~gnant woman;
2. That ~ioleoce iJ,exerted, or drugs or beverages
As to Basis of the Crime
Administered. or that the accused otherwise
Relationship of the The age of the child. Acts upon such pregnant woman;
offender arid the victim He/she must be less 3. ThaJ as a result of the use of violence or drugs
than.three (3) days old. ·or beverages upOh.her, or any other act of the
0therwi$e, the crime is accused, the fetus :Ries, either in the womb or
parritide; after having been expelled therefrom; and
4. That the abortion is !ntended (REYES, Book
As to the Victim Two, supta at 644).

May be committed not Only · ,9 gainst ·ii\. chikJ PUNISflABLE ACTS: (VCC)
only against a child less thahthree (3fctay~ 1. · U~ing any ~iolence upon the person of the
three days old or over old · · · pregnant woman:
but also against other 2. Acting, without using violence and without the
relatives fonsent of the woman by administering drugs or
beverages upon such pregnant woman without
As to the Offender
her consent; and
Committed only by the Committed ·by any 3. Acting, with the fonsent of the pregnant woman,
relatives enumerated person by administering drugs or beverages (Id.).

As to Application of the Rule on Conspiracy PERSONS LIABLE:

1. The person who intentionally caused the
Does not apply as the Applicable. Only one abortion under Art. 256; and
basis is the relationship Information is filed 2. The pregnant woman if she consented under
of the offender and the against all offenders. Art. 258 (REYES, Book Two, supra at 645).
victim. Separate
Information must be
filed for the murder or
ABORTION AND INFANTICIDE,
homicide committed by DISTINGUISHED
the non-relative As long as the fetus dies as a result of the violence
conspirator. used or the drugs administered, the crime of abortion
exists, even if the fetus is over or less than six (6)
· months, or is full term (REYES, Book Two, supra at
644).

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If the fetus could sustain an independent life (the
fetus must have had an intrauterine life of not less
than 7 months) after its separation from the maternal
womb, and it is killed, the crime is infanticide, not
abortion (REYES, Book Two, supra at 645). .
The fetus must die in consummated abortion. If it is
intentional abortion and the fetus does not die, it is
frustrated intentional abortion when all the acts of
execution have been performed by the offender
(REYES, Book Two, supra at 644).
If the abortion is not intended and the fetus does not
die, despite the violence intentionally exerted, the
crime may only be physical injuries. There is no
crime of frustrated unintentional abortion .in view of
the lack of intention to cause an abortion (Id.).
If grave threats were made .to cause abortion, a
complex, crime of grave threats and intentional
abortion is committed. If light threats were made, twp
separate crimes of light threats and intentional
abortion are committed (RPG, Art. 48).
ARTICLE 257
UNINTENTIONAL ABORTION
ELEMENTS: (PreWiViDi)
1. That there is a Pregnant woman:
2. That violence is used upon such pregnant
woman Without intending an:abortion; ·· ·
3. That the Violence is intentionally exerted; and
4. That as aresult of the violence, the fetus Dies,
either in the womb or after having been expelled
therefrom (REYES, Book Two, sup~_at 646).
Violence refers to actual physical force (ki.J.
Unintentional· abortion can be committed only
through violence (Id.) . .
The woman herself cannot commit unintentional
abortion because it is always committed by violence
inflicted upon a pregnant woman (BOADO, supra at
704).
WHEN A PREGNANT WOMAN COMMITS
SUICIDE
There is no unintentional abortion because this
crime requires physical violence committed by
another person. There is no intentional abortion
because the woman's act of committing suicide is
not intended to commit abortion but to kill her own
self. There is no criminal liability under Art. 4, Par.
(1) because she was not committing a felony when
she attempted suicide, as suicide is not a felony (Id.).
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If there is no intention to cause abortion and there is
{IO violence, there is no abortion of any kind
(REYES, Book Two, supra at 648).
CONFLICTING VIEWS '
The offender must have known of the woman's
pregnancy (People v. Gamaso, G.A., 61 OG 3623 as
cited in REYES, Book Two, supra at 546). However,
in another case, it was ruled that knowledge of such
pregnancy was not necessary (U.S. v. Jeffrey, G.R.
No. 5597, March 5, 1910).
In a case, the Supreme Court ruled-that despite the
knowledge of the accused of his wife's pregnancy,
the intent to cause the abortion has not been
sufficiently established; thus, the accused is only
liable for the complex crime of parricide (for the
death of wife) with unintentional abortion (for the
death of the fetus in the mother's womb) (People v.
Salufrania, G.R. No. L-50884, March 30, 1988).
ARTICLE 258
ABORTION PRACTICED BY THE
WOMAN HERSELF OR HER PARENTS
~~LEiEtrf$: (AIPOP)
1. That t~re; is a pregnant woman who has
sufferE\dlJflA,bortion;
That the ~boi\ion is !ntended; and
ThaUhe abortion is caused by:
a. ·· woman herself;
b. · rson, with her consent; or
c. Any o er farents, with her consent, for the
purpose of concealing her dishonor
(REYES, Book Two supra at 649).
Under (a), (b), and (c) above, the woman is liable
under Art. 258, while the third person under (b) is
liable under Art. 256. If the parents acted with the
pregnant woman's consent, to conceal her dishonor,
they are liable under (c); otherwise, if there is no
consent, or if it is for a different purpose they are
liabie under Art. 256 (REYES, ·Book Two, supra at
650).
MITIGATING CIRCUMSTANCE
Liability of the pregnant woman is mitigated if her
purpose is to conceal her dishonor (RPG, Art. 258,
Par. 2).
There is no mitigation for parents of the pregnant
woman even if the purpose is to conceal dishonor in
abortion, unlike in infanticide (RPG, Art. 258, Pars. 1
and 3).
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ARTICLE 259
ABORTION PRACTICED BY A
PHYSICIAN OR MIDWIFE IN
DISPENSING OF ABORTIVES
ELEMENTS: (AIPAd)
1. That there is a pregnant woman who has
suffered an Abortion;
2. That the abortion is !ntended;
3. That the offender, who must be a f.hysician or
midwife, . causes, or assists in causing the
abortion; and
4. That said physician or midwife takes Advantage
of his or her scientific knowledge or skill
(REYES, Book Two, supra at 651).
PERSONS LIABLE:
1. A physician or midwife who, taking advantage of
their scientific knowledge or skill, shall cause an
.abortion or assist in causing an abortion.
2. A pharmacist who, without proper prescription
from a physician, shall dispense any abortive
(RPG, Art. 259).
The penalties provided for intentional abortion shall
be imposed in , the maximum period upon the
physician or midwife (RPG, Art. 259, Par. 1). They
are severely punished because they incur a heavier
guilt in making use of their knowledge· for the
destruction of human life, where it should be used·
only for its preservation (REYES, Book Two, supra
at 6.51.).
••
· ELEMENTS, AS TO PHARMACISTS:
~PNoD)
1. That the offender is a f.harmacist;
2. That there is No proper prescription from a
physician; and
3. · That the offender Qispenses any abortive
(REYES, Book Two, supra at 652).
This crime is consummated by dispensing an
abortive without proper prescription from a
physician. It is not necessary that the abortive was
actually used (Id.).
It is immaterial that the pharmacist knows that the
abortive would be used for abortion. If he knew that
the abortive would be used to cause an abortion and
abortion resulted from the use thereof, the
pharmacist would be an accomplice in the crime of
abortion (Id.).
If abortives were taken, when in fact the woman is
not really pregnant, an impossible crime is
committed (BOAOO, supra at 704).
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If the non-pregnant woman suffered physical
injuries, then the liability is for physical injuries and
not for impossible crime which is a crime of last
resort (Id.).
I SECTION THREE:
DUEL
I
ARTICLE 260
RESPONSIBILITY OF PARTICIPANTS
IN A DUEL
DUEL
A formal or r~gular combat previously concerted
between two parties in the presence of two or more
seconds of lawful age on each side, who make the
selection of arms and fix all other conditions of the
fight (REYES, Book Two, supra at 653).
PUNISHABLE ACTS: (KIM)
1. ~ifliQg one's adversary in a duel;
2. !nflicting upon such adversary physical injuries;
and
3. Making a co'mbat although no physical injuries
have been inflicted (Id.).
PERSONS LIABLE:
1. The person who killed or inflicted physical
injuries upon his adversary or b9th combatants
in any other case, as principals; and
2. The seconds, as accomplices (Id.).
Seconds
Person designated by combatants, who will ensure
that the duel shall be carried out under honorable
condition (II CAMPANILLA, Reviewer supra at 401).
Self-defense cannot be invoked if there was a pre-
concerted agr~ement to fight, but if the attack was
made by the accused against his opponent before
the appointed place and time, there is an unlawful
aggression, hence self-defense can be claimed
(Justo v. Court of Appeals, G.R. No. L-8611, June
28, 1956).
If death results, penalty is the same as that for
homicide (REYES, Book Two, supra at 653).
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ARTICLE 261 ·
PBl'SIC:Al.4 ATTEMPTED OR
CHALLENGING TO A DUEL IN.JURIES FRUSTRATED
(Art. 263, Art. ioS HOMICIDE OR MURDER
PUNISHABLE ACTS: (CIS) and Att. 266)
1. ~hallenging another to a duel; NOTE: Physical with intent to kill, shoots
2. !nciting another to give or accept a challenge to Injuries is a formal 8, but missed.
a duel; and crime; always in the
3. ~coffing or decrying another publicly for having consummated stage.
refused to accept a challenge to fight a duel
(REYES, Book Two, supra at 654). EXCEPTION:
Maltreatment under
PERSONS LIABLE: Art. 266, Par. 3.
1. Challenger; and
2. Instigators (REYES, Book Two, supra at 655). As to Criminal Intent

A challenge to fight, without contemplating a duel, is Offender has no The offender intended to
not challenging to a duel. The person making the intent to kill the kill the offended party.
challenge must have in mind a formal combat to be offended party.
concerted between him and the one challenged in
As to Effect of the Victim's Death
the presence of two or more seconds (Id.).
Intent to kill is a Intent to kill is a general
NATURE OF PHYSICAL INJURIES AS TO specific criminal intent intent which is
~TAGE OF EXECUTION that must be conclusively presumed,
It is a formal crime; always in the consummated .~t,elusivelyJ>roved. hence, the crime is at
stage as the penalty is based on the gravity of the least homicide.
injury. The gravity of the injury, whether serious, less (REYES, Book Two, supra at 662).
serious or slight will not be known unless and until
the felony is consummated (BOADO, supra at 728).

INTENT TO KILL IS DETERMINED BY CIL\PTERTWO:

THE:
1. Kind of weapon used;
Pltv$1CAL INJURIES
2. Nature, number and the location of wound; and
3. Words uttered by the offender (Id.). ARTICLE 262
Intent to kill is a specific criminal intent that must be
MUTILATION
conclusively proved in case of injuries. When death
results, intent to kill is a general intent which is MUTILATION
conclusively presumed, hence, if death results, even The word "mutilation" implies the lopping or clipping
without intent to kill, the crime is at least homicide off (cercenamiento) of some part of the body (U.S. v.
(Id.). Bogel, G.R. No. L-2957, January 3, 1907).

PHYSICAL INJURIES, ATTEMPTED OR PUNISHABLE ACTS:

FRUSTRATED HOMICIDE OR MURDER, 1. By intentionally mutilating another by
DISTINGUISHED depriving him, either totally or partially, of
some essential organ for reproduction
(castration) (REYES, Book Two, supra at
657).

ELEMENTS: (GP)
a. That there be castration, that is, mutilation of
organs necessary for Generation, such as
GENERAL RULE: May be committed even if penis or ovarium; and
The offender inflicts no physical injuries b. That the mutilation is caused furposely and
physical injuries. inflicted, i.e., when A, deliberately, that is, to deprive the offended
.party of some essential organ for
-reproduction (Id.).

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PHYSICAL INJURIES AND

NOTE: There must be an intentional cutting-off MUTILATION, DISTINGUISHED
·of a part of the body which will not grow again. If
the body part for reproduction is cut-off, the
penalty is greater than for homicide (BOADO,
supra at 729). The penalty imposed shall be
higher when the victim is under 12 years of age
(R.A. 7610, Sec. 10).
No special intention to There is a special
Vasectomy is not mutilation. Although it denies
clip off some part of the intention to clip off some
a man his power of reproduction, such
body so as to deprive part of the body so as to
procedure does not deprive him, "either totally or
the offended party of deprive him of such part.
partially, of some essential organ for
such part.
reproduction" (Aguirre v.. Sec. of DOJ, G.R. No.
1?0723, March 3, 2008). (REYES, Book Two, supra at 669).

If the accused intentionally used violence upon Illustration: If two people fight with a knife and a
the victim without intent to mutilate, but as a body part was cut-off, the crime is serious physical
consequence, parts of his body was mutilated, injuries under paragraphs 2 and 3 of Article 263 and
the crime committed is serious physical injuries not mutilation, for lack of specific intent. There must
(II CAMPANILLA, Reviewer, supra,.at 391). be specific intent to cut a body part to constitute
Article 263, Par. _3of the Revised Penal Code mutilation (BOADO, supra at 729).
provides that serious physical injuries is
committed if in consequence of the physical -ARTICLE 263
injuries inflicted, the person injured. shall have SERIOUS PHYSICAL INJURIES
become deformed, or shall have lost any other
part of his body, or shall have lost the use
PUNISHABLE A~TS: (WoBAI)
thereof, or shall have been ill or incapacitated for
the performance of the work in which he as 1. Wounding; . .
habitually engaged for a period of more than 2. ~eating (Art: 263);
ninety days. • 3. Assaulting;
4. Adminjstering !njurious substance (Art. 264).
2. By intentionally making othermutiJatioh, that (REYES, Book rWO, supra at 660).
is, by lopping or clipping off any part of the
body of the offended party, other than the SERIOUS PHYSICAL INJURIES
essential organ for reprod.uction, to deprive 1. When the injured person becomes insane,
him of that part of the body (mayhem) imbecile, impotent or blind as a
(REYES, Book Two, supra at 657). consequei:-ce of the physical mJunes
The law looks not only to the result but also to inflicted (REYES, Book Two, supra at 661).
the intention or purpose of the act Mutilation is
always intentional (Id.). · Insanity
It is evinced by a deranged and perverted
The intention of the offender to deprive the victim condition of the mental faculties and is
of the body part whether by castration or manifested in language and conduct. An insane
mayhem is essential and niust thus exist in person has no full and clear understanding of
either case (Id.). the nature and consequences of his or her acts
(People v. Domingo, G.R. No. 184343, March 2,
CRUEL TY IS INHERENT IN MUTILATION 2009).
Cruelty, as understood in Art. 14 (21 ), is inherent in
mutilation, as it is in fact, the only felony where the Impotence
said circumstance is an integral part and is absorbed It means inability to copulate. The term impotent
therein. If the victim dies, the crime is murder should include sterility (REYES, Book Two,
qualified by cruelty, but the offender may still claim supra at 662).
~nd prove that he had no intention to commit so
grave a wrong (REGALADO, supra at 583). Blindness
It must be complete; it must be of both eyes
(RPG, Art. 263, Par. 1). If only one eye is blind,
the injury will be covered by subdivision number
2.

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2. When the injured person -
a. Loses the use of speech or the power to
hear or to smell, or loses an eye, a hand,
a foot, an arm, or a leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in
which he was theretofore habitually
engaged, in consequence of the physical
injuries inflicted (REYES, Book Two,
supra at 663).
Loss of power to hear must be of both ears; if
one ear only, such injury falls under Par. 3
(People v. Hernandez, G.R. No. L-4213,
November 28, 1953).
· 1. Special complex crime of robbery with
Loss of use of hand or incapacity for usual work
must be permanent (REYES, Book Two, supra
at 663).
3 .. When the person injured -
a. Becomes deformed;
REQUISITES OF DEFORMITY: (PUPeC)
i. fhysical !:!_gliness;
ii. Permanent and definite abnormality;
and
iiL &_onspicuous and visible (REYES, Book
Two, supra at 664).
The injury contemplated by the Code is an
injury that cannot be repaired by the action
of nature (People v. Balubar, - G.R. No. L-
40940, October 9, 1934).
A scar produced by an injury constitutes
deformity within the meaning of Par. 3 of this
article. (REYES, Book Two, supra at 665).
b. Loses any other member of his body;
c. Loses the use thereof; or
d. Becomes ill or incapacitated for the
performance of the work in which he was
habitually engaged for MORE than ninety
(90) days, in consequence of the physical
injuries inflicted (REYES, Book Two,
supra at 664).
In paragraphs 2 and 3, the offended party must
have a vocation or work at the time of the injury.
The term "work" includes studies or preparation
for a profession (REYES, Book Two, supra at
667).
4. When the injured person becomes ill or
incapacitated for labor for more than 30 days
(but must NOT be more than 90 days), as a
result of the physical injuries inflicted QQ
days < X :S 90 days) (REYES, Book Two,
supra at 668).
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NOTE: It speaks of incapacity for any kind of
labor (Id.).
Lessening of efficiency due to injury is not
incapacity (REYES, Book Two, supra at 669).
Hospit 9 Iization for more than thirty (30) days
may mean either illness or incapacity for labor
for more than thirty (30) days (REYES, Book
Two, supra at 668).
NOTE: If a robbery is committed and the injured
person suffers those enumerated under numbers 3
and 4, the crime/s committed is/are:
serious physical injuries- if the injured person
is not responsible for the robbery.
2. Separate crimes of robbery and serious
physical injuries - if the injured 1person is a
robber. (REYES, Book Two,.supra at 859).
There must be no intent to kill; otherwise, the crime
would be attempted or frustrated homicide, parricide
or. murder, as the case maybe (REYES, Book Two,
sfl{Jraat 661),
Serious physical inJunes may be committed by
reckless imprU®nce or by simple imprudence or
negligence under Art. 365 in relation to Art. 263
when due to lack of precaution he wounded another
(REYES, Book Two! supra at 660).
Wher/';ffi~•i~~g~ of the· offense of serious
physical injuries depends on the period of illness or
· pacity for labor, there must be evidence of the
.,:~L~.uch period; otherwise, the offense shall
'onlybe slfght physical injuries (REYES, Book Two,
supra at 668).
QUALIFYING CIRCUMSTANCES:
1. Offense committed against persons enumerated
in the crime of parricide (RPG, Art. 246); or
2. With the attendance of any of the circumstances
mentiorJed in the article defining the crime of
murder (RPG, Art. 263, Par.6).
However, the "qualified penalties" are not applicable
to parents who inflict serious physical injuries upon
their children by excessive chastisement (RPG, Art.
263, Par. 7).
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ARTICLE 264
ADMINISTERING INJURIOUS
SUBSTANCE OR BEVERAGES
ELEMENTS: (SKAN)
1. That the offender inflicted upon another any
.§.eriousphysical injury;
2. That it was done by ~nowingly administering to
him any injurious substances or beverages or by
taking Advantage of his weakness of mind or
credulity; and
3. That he had No intent to kill (REYES, Book Two,
supra at 670).
It is frustrated murder if there was intent to kill, the
injurious substance to be considered as poison (Id.).
Administering injurious substance
It means introducing into the body the substance
(Id.).
If the accused did not know of the injurious nature of
the substances he administered, he shall not be
liable under this Article (Id.).
Art. 264 does not apply when the physical injuries
resulted to less serious or light, as they will be
treated under Art. 265 or Art. 266, as the case may
be (Id.).
ARTICLE265
LESS SERIOUS PHYSICAL. INJ.URIES
ELEMENTS: (IN)
1. The offended party is !ncapacitated for labor for
10 days or more but not more than 30 days,· or
needs medical attendance for the same period
(10 days s X s 30 days): and
2. The physical injuries must Not be thos.e
described in the preceding articles (REYES,
Book Two, supra at 671-672).
QUALIFIED LESS SERIOUS PH'¥SICAL
INJURIES:
1. A fine not exceeding P500, in addition to arresto
mayor, shall be imposed for less serious
physical injuries when: (12)
a. There is manifest !ntent to insult or offend
the injured person; or
b. There are circumstances adding !gnominy
to the offense; and
NOTE: Under R.A. No. 10951, Sec. 60, the fine
is increased to an amount not exceeding
P50,000, in addition to the penalty of arresto
mayor.
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2. A higher penalty is imposed when the victim is
either: (PAGCuTA)
a. The offender's farent, ascendant,
Guardian, Curator or reacher; or
b. Persons of rank or persons in authority
provided the crime is not direct assault
(REYES, Book Two, supra at 672).
THE LAW INCLUDES TWO
SUBDIVISIONS:
1. The inability for work; and
2. The necessity for medical attendance (Id.).
Therefore, although the wound required medical
attendance for only two (2) days, if the injured party
was prevented from attending to his ordinary labor
for a period of twenty-nine (29) days, the physical
injuries sustained are denominated as less serious
(!d.).
There must be proof as to the period of the required
medical attendance. In the absence of proof, the
offen~ committed is only slight physical injuries
(REYES, Book Two, supra at 673).
ARTICLE 266
SLIGHT
- PH'¥SICAL
. INJURIES
AND MALTREATMENT
PUNISHABLE ACtS: (INI)
1. Physical injuries which Incapacitated the
offended party for labor from one (1) to nine (9)
days, or required medical attendance during the
same period; ·
2. Phystcal injuries which did Not prevent the
.offendeckparty from engaging in his habitual
work. or which did not require medical
attendance;and
3. !II-treatment of another by deed without causing
any injury (REYES, Book Two, supra at 674).
Example: Any physical violence which does not
produce injury, such as slapping the face of the
offended party, without'causing a dishonor (REYES,
Book Two, supra at 675).
When there is no evidence of actual injury, it is only
slight physical injuries (Li v. People, G.R. No.
127962,AprH14, 2004).
In the absence of evidence as to the duration of the
offended party's incapacity for labor or medical
attendance, the crime is only slight physical injuries
(People v. Arranchado, G.R. No. L-13943,
September 19, 1960).
Supervening event converting the crime into serious
physical injuries after the filing of the information for
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MEM:Q-RY
AlD
San Seda Univarsity Collega of Law - RGCT Bar Operations Centar

slight physical injuries can still be the subject of
amendment or of a new charge (People v.
Manolong, G.R. No. L-2288, March 30, 1950).
If physical injuries were inflicted with an intent to
insult or humiliate the injured person, the intent to
insult or humiliate shall be considered:
1. An aggravating circumstance of ignominy in
case of serious physical injuries;
2. In increasing the penalty and qualifying the
crime in case of less serious physical injuries
(BOADO, supra at 734); or
3. Separate crime of slander by deed in case of
slight physical injuries (Id. at 735).
SERIOUS, LESS SERIOUS AND SLIGHT
PHYSICAL INJURIES, DISTINGUISHED
VIOLENCE COMMITTED AGAINST:
(Wi2 Re-CoC)
Violence against women and their children is any
act or a series of acts committed by any person
against a woman who is his:
1. Wife;
2. Former Wife;
3. A woman with whom the person has or had a
sexual or dating Relationship;
4. A woman with whom he has a Common child; or
5. Against her ~hild 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 ( Sec. 3, Par. a).

ACTS INCLUDED UNDER SEC. 3:

1. Physical violence;
2. Sexual violence;
3. Psychological violence; and
Illness/incapacity Over 90 days
4. Economic abuse.
from habitual work (91 or over)

Illness/incapacity' 31 - 90 days PhYtJical

Vloience
from labor It refers to acts that include bodily or physical harm
(Sec 3, Par. b).
Incapacity from 10 - 30 days
labor/medical Sexual Violence
attendance required It is an act which is sexual in nature; includes, but is
not limited to:
Incapacity from 1 - 9 days 1. RalP'"
. :",~f harassment, . acts of
labor/medical lasciviousness, treating a woman or her child as
attendance required a sex object, making demeaning and sexually
suggestive remarks, physically attacking the
(BOADO, supra at 736). SHU.al parts of the victim's body, forcing her/him
lO watch obscene publications and indecent
REPUBLIC ACT NO. 9262 shows or forcing the woman or her child to do
ANTI-VIOLENCE AGAINST WOMEN indecent acts and/or make films thereof, forcing
AND THEIR CHILDREN ACT OF 2004 the wife and mistress/lover to liv~ in the conjugal
home or sleep together in the same room with
the abuser;
(Refer to $PL part for a detailed discussion. See
2. Acts causing or attempting to cause the victim to
page 477)
engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical
Approved on: March 8, 2004
or other harm or coercion; and/or
Effectivity Date: March 27, 2004
3. Prostituting the woman or child (Sec 3, Par. b).
ELEMENTS: (ReHaS) Psychological Violence
1. The offender has or had a sexual or dating It refers to acts or omissions .causing or likely to
Relationship with the offended woman; cause mental or emotional suffering of the victim
2. The offender, by himself or through another, such as but not limited to:
commits an act or series of acts of Harassment 1. Harassment;
against the woman; and 2. Intimidation;
3. The harassment alarms or causes §ubstantial 3. Stalking;
emotional or psychological distress to her (Ang 4. Repeated verbal abuse;
v. Court of Appeals, G.R. No. 182835, April 20, 5. Damage to property;
2010). 6. Right to custody and/or visitation of common
children's unlawful or unwanted deprivation;

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7. Mental infidelity;
8. Public ridicule or humiliation;
9. Causing or allowing the victim to witness the
physical, sexual or psychological abuse of a
member of the family to which the victim
belongs;
10. Witness pornography in any form; and/or
11. Witness abusive injury to pets ( Sec. 3, Par. c).
Economic Abuse
It refers to acts that make or attempt to make a
woman financially dependent which includes, but is
not limited to the following:
1. Withdrawal offinancial support or preventing the
victim from engaging in any legitimate
profession, occupation, business, or activity,
except in cases wherein the other spouse/
partner objects on valid, serious~ and moral
grounds as defined in Art. 73 of the Family Code;
2. Deprivation or threat of deprivation of financial
resources and the right to the "use and
enjoyment of the conjugal, community or
property owned in common;
3. Destroying household property; and " Sec. 29):
4. Controlling the victims own money and property;
solely controlling the conjuga~ mc;>ney or
properties (Sec. 3, Par. d).
PUNISHABLE ACTS: (TAPA,-IC3 E}
The crime of violence against women and their
children is committed through any of the following
acts:
1. Ihreatening to cause the woman or tier child
physical harm;
2. Attemptrng to cause the woman or her child
physical harm;
3. flacing the woman or her child in fear of.
imminent physical harm; and/or
4. Attempting to compel or compelling the woman
or her child to engage in conduct Which the
woman .or her child has the right to desist from ·
or desist from conduct which the woman or her
child has the right to engage in, or attempting to
restrict or restricting the woman's or her child's
freedom of movement or conduct by force or
threat of force, physical or other harm or threat
. of physical or other harm, or intimidation
directed against the woman or child;
5. !nflicting or threatening to inflict physical harm
on oneself for the purpose of controlling her
actions or decisions;
6. fausing physical harm to the woman or her
child;
7. fausing or attempting to cause the woman or
her child to engage in any sexual activity which
does not constitute rape, by force or threat of
force, physical harm, or through intimidation
directed against the woman or her child or
her/his immediate family;
8. fausing mental or emotional anguish, public
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ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support
or custody of minor children of access to the
woman's child/children; and
9. !;_ngaging in purposeful, knowin~, or reckless
conduct, personally or through . another that
alarms or causes substantial emotional or
psychological distress to the woman or her child
(Sec. 5).
REPUBLIC ACT NO. 9775
ANTI-CHILD PORNOGRAPHY ACT OF
2009
(Refer to SPL part for detailed discussion. See page
468)
Approved on: November 17, 2009
Effectivity Clause: This Act shall take effect fifteen
(15) days following its publication in ·two (2)
newspapers df general circulation (R.A. No. 9775,
CHILD PORNOGRAPHY
It is any representation, whether visual, audio, or
written combination thereof, by electronic,
mechanical, digital, optical, magnetic or any other
means, of child engaged . or involved in real or
simulated explicit sexual activities (Sec. 3, Par.b).
SYNDICATED CHILD PORNOGRAPHY
Child pornography is deemed committed by a
· syndicate if carried out by a group of t_hree(3) or
more persons conspiring or confederating with one
another (Sec. 5).
CHILD."
A person who is below eighteen (18) years of age or
over, but is unable to fully take care of
himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of a physical
or mental disability or condition.
A child shall also refer to:
1. A person regardless of age who is presented,
depicted or portrayed as a child as defined
herein; and
2. Computer-generated, digitally or manually
crafted images or graphics of a person who is
represented or who is made to appear to be a
child as defined herein (Sec. 3, Par. a).
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San Beda Unl\leralty College of Law - RGCT Bar Operations Center
PUNISHABLE ACTS: (P5 -CHEW-FEK)
1. To froduce, direct, manufacture or create any
form of child pornography;
2. To fublish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or import
any form of child pornography;
3. To fossess any form of child pornography with
the intent to sell, distribute, publish, or
broadcast: Provided, that possession of three
(3) or more articles of child pornography of the
same form shall be prima facie evidence of the·
intent to sell, distribute, publish or broadcast;
4. For a farent, legal guardian or person having
custody or control of a child to knowingly permit
the child to engage, participate or assist in any
form of child pornography;
5. To fossess any form of child pornography;
6. To fonspire to commit any of the prohibited acts
stated in this Section. Conspiracy to commit any
form of child pornography shall be committed
when two (2) or more persons come to. an
agreement concerning the commission of any of
the said prohibited acts and decide to commit it;
7. To !:!ire, employ, use, persuade, induce or
coerce a child to perform in the creation or
production of any form of child pornography;
8. To gngage in the luring or grooming of a child;
9. To Willfully access any form of child
pornography;
10. For film distributors, theaters and
telecommunication companies, by themselves
or in cooperation with other entities, to distribute
any form of child pornography;
11. To gngage in pandering of any form of child
pornography; and
12. To Knowingly, willfully and intentionally provide
a venue for the commission of prohibited acts
as, but not limited to, dens, private rooms,
cubicles, cinemas, houses or in establishments
purporting to be a legitimate business (Set. 4).
REPUBLIC ACT NO. 8049, AS
AMENDED BY REPUBLIC ACT 11053
ANTI-HAZING ACT OF 2018
(Refer to SPL part for detailed discussion. See page
431)
Approved on:
R.A. No. 8049 - June 7, 1995
R.A. No. 11053 - June 29, 2018
Effectivity Clauses:
R.A. No. 8049 - This Act shall take effect fifteen (15)
calendar days after its publication in at least two (2)
national newspapers of general circulation (R.A. No.
8049, Sec. 7).
R.A. No. 11053 - This Act shall take effect fifteen
(15) days after its publication in the Official Gazette
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or in at least two (2) national newspaper of general
circulation (R.A. No. 11053, Sec. 18).
HAZING
It is an act that results in physical or psychological
suffering, harm, or injury inflicted on a recruit,
neophyte, applicant, or member as part of an
initiation rite or practice made as a prerequisite for
admission· or a requirement for continuing
membership in a fraternity, sorority, or organization
(Sec. 2, Par. a).
Hazing shall also include 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 (R.A. No. 11053, Sec. 2 amending ·
R.A. No. 8049, Sec. 1).
ELEMENTS: (ESP)
Hazing is a crime when:
1. A person is placed in some gmbarrassing or
humiliating situation or §.ubjected to physical or
r p~ycho!G.gicalsuffering or injury; and
2. These,ae'3were employed as a frerequisite for
the person's admission or entry into an
organiz~tion (People v. Bayabos, G.R. No.
171222, February 18, 2015).
PUNISHABLE ACTS: (PFAC)
1. f ~rticipatlcr11,
0jn;llehazing;
2. Eailureft6 prevent the hazing from occurring
despite actual knowledge thereof;
3. , Actual planning of the hazing; and
, 4i;;:.~~~(ption in carrying out the hazing by
. · inducing the victim to be present thereat (R.A.
No. 8049, Sec. 4).
NOTE: The consent of the victim to be injured shall
not be a defense in hazing. The very act of inflicting
physical or psychological pain is a punishable act.
Death is just an aggravating circumstance (II
CAMPAN/LLA, Reviewer, supra at 404)
The presence of "any person" (i.e. whether or not
member of the fraternity/sorority) during the hazing
is prima facie evidence of participation therein as a
principal, unless he prevented the commission of the
prohibited acts.
The mitigating · circumstance that there was no
intention to commit so grave a wrong shall not apply
(Sec. 4, Par. e).
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CHAPTER THREE:
RAPE
(ARTS. 266-A - 266-D)
REPUBLIC ACT NO. 8353
THE ANTI-RAPE LAW
Approved on: September 30, 1997
Effectivity Date: October 22, 1997
ARTICLE 266-A
CLASSIFICATION OF RAPE
1. Rape by Sexual Intercourse under Art. 335 -
carnal knowledge of a woman against her will; in
this case, the offender is always a man and the
offended party is always a woman.
NOTE: This includes marital rape (People v.
Jumawan, G.R. No. 187495, April 21, _2014).
2. Sext.ial Assault under RA. No. 8353-
committed when the offender inserts his penis to
another person's mouth or anal orifice or by
inserting an instrument or object into the genital
or anal orifice of another persoh.
PUNISHABLE ACTS:
1. Rape by Sexual Intercourse ·
ELEMENTS: (MC-FoDFU)
1. That the offender is a Man;
2. That the offender had farnal knowledge of
a woman; and
3. That such act is accomplished under any of
the following circumstances: ' that .·"mental retardation" and "intellectual
a. By using Force, threat or intimidation;
b. When the woman is Qeprived of reason
or otherwise unconscious; or
c. By means of fraudulent machination or
·grave abuse of authority; or
d. When the woman is ![nder twelve (12)
years of age or demented (REYES,
Book Two, supra at 690).
NOTE: In· case the offender knows that the
victim is demented, qualified rape is committed.
Statutory rape, defined
Statutory Rape under Article 266-A ( 1) (d) of the
RPC is committed by having sexual intercourse
a
with woman below twelve (12) years of age
regardless of her consent, or lack of it, to the
sexual act (People v. De Guzman, G.R. No.
234190, October 1, 2018).
\ and social responsibility." ·
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Absence of consent presumed in statutory
rape
Proof of force, threat, or intimidation, or consent
of the offended party is unnecessary as these
are not elements of Statutory Rape, considering
that the absence of free consent is conclusively
presumed when the victim is below the age of
twelve ( 12). The law presumes that the offended
party does not possess discernment and is
incapable of giving intelligent consent to the
sexual act (People v. De Guzman, G.R. No.
234190, October 1, 2018).
Stat1,1toryrape, where confined
The term statutory rape should only be confined
to situations where the victim of rape is a person
less than 12 years of age. If the victim of rape is
a person with mental abnormality, deficiency, or
retardation, the cr-ime committed is simple rape
under Article 266-A, paragraph 1(b) as she is
considered "deprived of reason" notwithstanding
that her mental age is equivalent to that of a
person under 12 years old (People v. Baay, G.R.
_No. 220143, June 7, 2017, citing People v.
CYal(;Jn,
G.R. No. 203086, June 11, 2014).
In ·short, Cpmal knowledge with a mental
retardate whose rt;iental age is that of a person
below 12 years, while akin to statutory rape
under Article 266-A, paragraph l(d), should still
be designated as simple rape under paragraph
1(b)(/d.).
NOTE: In another case, People v. Deniega ·
(G.R,. No. 212201, June 28, 2017) (People v.
Baay, G.R. No. 220143, was promulgated June
7, 2017), the SC again reverted to its previous
rulings.
In the aforesaid case, while the SC recognized
disability" were classified under the phrase
"deprived of reason", citing People v. Quintas
.(G.R. No. 199402, November 12, 2014), it ruled
that:
"The terms, "deprived of reason" and
"demented", however, should be differentiated
from the term, "mentally retarded" or
"intellectually disabled." An 'intellectually
disabled person is not necessarily deprived of
reason or demented. This court had even ruled
that they may be credible witnesses. However,
his or her maturity is not there despite the
physical age. He or she is deficient in general
mental abilities and has an impaired conceptual,
social, and practical functioning relative to his or
her age, gender, and peers. Because of such
impairment, he or she .does not meet the "socio-
cultural standards of personal independence
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San Beda University College of Law - RGCT Bar Operations Cente,
Therefore, in determining whether a persQn is
"twelve (12) years of age" under Article 266-
A(l)(d), the interpretation should be in
accordance with either the chronological age of
the child if he or she is not suffering from
intellectual disability, or the mental age if
intellectual disability is established."
Thus, the SC affirmed the conviction of the
accused of statutory rape for having carnal
knowledge of a . 16-year old · with a mental
capacity of a 6-year old child.
It seems that the SC is not yet decided as to
which view to adopt, as the doctrine has not
been decided with finality and in view of
conflicting decisions.
Sexual intercourse, albeit within the realm of
marriage, if not consensual is rape (People v.
Jumawan, G.R. No. 187495, 21 April 2014).
A prostituted person may also be a victim of rape
(People v. Pent/la, G.R. No. 189324, March 20,
2014).
Even the existence of an illicit affair between the
accused and the victim does not, on its own, rule
out rape as it does not necessarily mean that
consent was present (People v. Saysot-Cias,
G.R. No. 194379, June 1, 2011).
The law does not impose a burden on the rape
victim to prove resistance because it is not an
element of rape (People v. Suarez, G.R. No.
201151, January 14, 2015).
Rape is subjective and not everyone responds
in the same way to an attack by a sexual fiend.
There is no stereotypical form of reaction for a
woman when facing a traumatic experience,
such as a sexual assault (People v. Achas, G.R.
No. 185712, August 4, 2009).
2. Rape through sexual assault
ELEMENTS: (ASMIC)
1. Committed by A_nyperson (Art. 266-A Par.
2);
2. That the offender commits an act of §.exual
assault;
3. That the act of sexual assault is committed
by any of the following means:
a. By inserting. his penis into another
person's Mouth or anal orifice; or
b. By inserting any !nstrument or object
into the genital or anal orifice of another
person; and
4. That the act of sexual assault is
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accomplished under any of the
Circumstances enumerated under the first
act of committing rape (REYES, Book Two,
supra at 690).
RAPE BY SEXUAL INTERCOURSE
Gravamen of the offense
It is carnal knowledge of the woman through force or
intimidation (People v. Pagaran, G.R. No. 167179,
January 28, 2008).
Force
Force employed against a victim of rape need not be
of such character as could not be resisted. It is
enough that ttie force used is sufficient to
consummate the culprit's purpose of copulating with
the victim (People v. Savellano, G.R. No. L-31227,
May 31, 1974).
Intimidation .
Includes the moral kind; intimidation must be viewed
in light of the victim's perception and judgment at the
time of rape and not by any hard and fast rule
(People v. Metin, G.R. No. 140781, May 8, 2003).
Tf'i~'. test is whether the threat or intimidation
produ~es a reasonable fear in the mind of victim that
if she resists or does not yield to the bestial desires
of the accused, the threat would be_ carried out
(People v. Las Pi/las, Jr., G.R. No. 133444, February
20, 2002). .
Physical r~istailce need not be established in rape
when threats and intimidation are employed, and the
victim submits herself to her attacker because of
fear~ Failure to shout or offer tenacious resistance
dcleli>.
'o&tmake voluntary the victim's submission to
the perpetrator's lust (People v. Penil/a, G.R. No.
189324, March 20, 2013).
Moral Ascendancy or Influence as substitute for
the Element of Force or Intimidation
Moral ascendancy of an accused over the victim
renders it unnecessary to show physical force and
intimidation since, in rape committed by a close kin,
(i.e. father, stepfather, uncle, or the common-law
spouse of her mother), moral influence or
ascendancy takes the place of violence or
intimidation (People v. Aliganga, G.R. No. 189836,
. .
June 5, 2013).
Intercourse with a deaf-mute is not rape of a woman
deprived of reason, in the absence of proof that she
is an imbecile (People v. Caoile, G.R. No. 203041,
June 5, 2013).
Carnal knowledge with a woman who is asleep
constitutes rape (People v. Conde, G.R. No. 112034,
January 31, 1996). ·
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Where consent is induced by the administration of
drugs or liquor, which incites her passions but does
not deprive her of her will power, the accused is not
guilty of rape (REYES, Book Two, supra at 702).
"Deprived of reason"
The term "deprived of reason" has been construed
to encompass those suffering from mental
abnormality, deficiency or retardation. Thus, a
mental retardate can be classified as a person
"deprived of reason," not one who is "demented."
Carnal knowledge of a mental retardate is
considered rape under subparagraph (b), not
subparagraph (d) of Article 266-A (1) of the RPC
(People v. Baay, G.R. No. 220143, June 7, 2017,
citing People v. Dalan, G.R. No. 203086, June 11,
2014).
NOTE:It is erroneous to equate mental retardation
to dementia under subparagraph (d) of Art. 226::~~,1)
Simple Rape and not Statutory Rape is committed
(People v. Baay, G.R. No. 220143, Jum/7, 20172,
"Demented" , 2.
The term "demented," on the other ha,Ad, means
having dementia, which Webster ~efiries a$ mental
de,terioration; also madness, jhsanity.Dem~ntia has
also been defined in Black's 'Law bictioric:1ryas a
form of mental disorder in i,yti"fch cognitive and
intellectual functions ·of the niind are prominently
affected and total recovery, not possible since
cerebral disease is involved (People v. Moiiticalvo,
G.R. No. 193507, January 3(), ~01;3{
RAPE THROUGH SEXUAL AS$AUL T --
Rape may be committed using U1efingers. Underthe
second act, but the 'instrument or,,object other than
the penis must be inserted into the ger)ftal.or anal
orifice of another person (REYES, Book Two, supra
at 695).
For a charge of rape by sexual assault with the use
of one's fingers or any other object to be
consummated, there should be evidence of at least
the slightest penetration of the sexual organ and not
merely a brush or graze of its surface (People v.
Dela Cruz, G.R. No. 180501, December 24, 2008).
ACTS OF EXECUTION OF RAPE
1. Consummated Rape
To consummate the crime of rape,
complete, or total penetration of complainant's
private organ is not .necessary; neither is the
rupture of the hymen essential for the offense
(People v. Dedace, G.R. No. 132551, March 22,
2000) . .
However, there must be sufficient and
. convincing proof that the penis indeed touched
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the labia or slid into the female organ, and not
merely stroked the external surface thereof, for
the accused to be convicted of consummated
rape. Absent any showing of · the slightest
penetration of the female organ, it can only be
attempted rape, if not acts of lasciviousness
(People v. Campuhan, G.R. No. 129433, March
30, 2000).
Jurisprudence dictates that the labia majora
must be entered for rape to be consummated.
1. Pudendum or vulva is the collective term for
the female genital organs that are visible in
the perinea! area, e.g., mons pubis, labia
majora, labia minora, etc.
2. Mons pubis is the rounded eminence that
becomes hairy after puberty, and is instantly
visible within the surface.
3. Labia majora or the outer lips of ttie female
organ composed of the outer convex
surface and the inner surface (REYES,
Book Two, supra at 693).
No.Crime of Frustrated Rape
:.. .The slightest penetration or mere touching
of the genitals consummates the crime of rape
(People v. Sampior, G.R. No. 117691, March 1,
2000).
3. Attempted Rape ,
For attempted rape, the accused must have
commenced the. act of penetrating his sexual
organ to that orthe victim but for some cause or
accident other than his own spontaneous
desistanee, the penetration, however slight, is
not completed (People v. Bon, G.R. No. 166401,
October 30, 2006).
NOTE: When the touching of the vagina is
without intent to penetrate, acts of
lasciviousness is committed (BOADO, supra at
747).
Tayaba Doctrine, Case of Attempted Rape
Attempted rape was committed by the accused
after raising the dress of the woman then asleep
and placing himself on top of her, and when the
woman was awakened the accused threaten her
with a knife, but because of her continued
shouting and offering of resistance, a neighbor
came to her rescue (People v. Tayaba, G.R. No.
43137, December 5, 1935).
NOTE: In Tayaba, had the accused abandoned
his design after performing the acts committed
by him, the crime committed would be unjust
vexation. But his persistence showed her
objective was to ravish, not vex the offended
party (People v. Tayaba, G.R. No. 43137,
December 5, 1935).
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SWEETHEART DOCTRINE
It is well settled that being sweethearts does not
negate the commission of rape because such act
does not · give appellant license to have sexual
intercourse against her will, and will not exonerate
him from the criminal charge of rape (People v.
Olesco, G.R. No. 174861, April 11, 2011).
In rape, the "sweetheart" defense must be proven by
compelling evidence: first, that the accused and the
victim were lovers; and second, that she consented
to the alleged sexual relations. The second is as
important as the first, because love is not a license
for lust (People v. Victoria, G.R. No. 201110, July 6,
2015).
RAPE SHIELD RULE
Under the Rape Victim Assistance and Protection
Act, evidence of complainant's past sexual conduct,
opinion or his/her reputation shall not be admitted
unless, and only to the extent that the court finds 1
such evidence is material and relevant_to the case of
rape (R.A. No. 8505, Sec. 6).
ARTICLE 266-B
QUALIFIED RAPE
QUALIFYING CIRCUMSTANCES
Special Complex Crime
1. When the ·rape is attempted and ho(J')icide is
committed by reason of or on the oceasion of
attempted rape; and
2. When by reason of or on occasion of
consummated rape, homicide is committed.
Rape with homicide is a special complex ¼rime, but
when homicide is committed not by reason or on the
occasion of rape, there is no special complex crime
of rape with homicide (People v. Laspardas, -G.R.
No. L-46146, October 23, 1979).
In the special complex crime of rape with homicide,
the term "homicide" is to be understood in its generic
sense, and includes murder and slight physical
injuries committed by reason of or on occasion of the
rape. Hence, even if any or all of the circumstances
(treachery, abuse of superior strength and evident
premeditation) alleged in the information have been
duly established by the prosecution, the same would
not qualify the killing to murder and the crime
committed by appellant is still rape with homicide
(People v. Laog, G.R. No. 178321, October 5, 2011).
As to Age and Relationship
1. When the victim is a child below seven (7) years
old (No. 5); and
2. When the victim is under eighteen (18) years of
age and the offender is a parent, ascendant,
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step-parent, guardian, relative by consanguinity
or affinity within the third civil degree, or the
common law spouse of the parent of the victim
(No. 1).
The statement that the victim "is the minor daughter''
of the offender is not enough. It is essential that the
information must state the exact age of the victim at
the time of the commission of the crime (People v.
Baniguid, G.R. No. 137714, September 8, 2000).
Rape becomes qualified when committed by a
parerit or stepparent against his child less than 18
years of age. This is provided for under Article 266-
B, paragraph 1: "When the victim is under eighteen
(18) years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third civil degree,
or the common-law spouse of the parent of the
victim" (People v. Austria, G.R. No. 210568,
November 8, 2017).
-~.~ ·. The relationship
..1·_:.. of stepdaughterh~ndb stepfathther
•.. , presupposes a legitimate relations Ip etween e
i~, v,i,c;Jim'smo . er and the offender, i.e., they were
. :~rcff! ·· e dissolution of the marriage of the
' victim'S· . '' ·er to her father (People v. Melendres,
G.R. No. 133}99-4001, August 31, 2000).
AFP-PNP, Plac•. of commission and Abuse of
Position of Offel1der
1. Wheh the§ vict\m is under the custody of the
po~ '\bf,"",~ authorities or any law
enfo~nt·of penal institution (No. 2); and
2. When committed by any member of the AFP or
.... ,,,para-military units thereof of the PNP or any law
•;;J:;;,~r,~~ment agency or penal ins~itution: _when
' ttiEroffender took advantage of his posIt1on to
facilitate the commission of the crime (No. 7),
As to Presence of Other Persons .
1. When the rape is committed in full view of the
spouse, parent, or any of the children or other
relatives within the third civil degree of
consanguinity (No. 3); and
2. When rape is committed with the use of a deadly
weapon or by two or more persons (Par. 17).
As to the Knowledge of the Offenders
1. When the victim is a religious engaged in
legitimate religious vocation or calling and is
personally known to be such by the offender
before or at the time of the commission of the
crime (No. 4);
2. When the offender knows that he is afflicted with
HIV/AIDS or any other sexually transmissible
disease and the virus or disease is transmitted
to the victim (No. 6);
3. When the offender knew of the pregnancy of the
offended party at the time of the commission of
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CRIMINAL LAW II
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the crime (No. 9); and
4. When the offender knew of the mental disability,
emotional disorder and/or physical disability of
the offended party at the time of the commission
of the crime (No. 10).
As to the Result of the Commission of the Rape
1. When by reason or occasion of rape, the victim
has become insane (Par. 2); and
2. When by reason or on the occasion of the rape,
the victim has suffered permanent physical
mutilation or disability (No. 8).
ARTICLE 266-C
EFFECT OF PARDON
EFFECTS OF PARDON: (MaF)
1. The subsequent valid ~rriage ,between the
offender and the offended party shall extinguish:
a. The cFiminal action; or
b. The penalty already imposed (REYES,
Book Two, supra at 722).
2. The subsequent Eorgiveness of the wife to the
legal husband shall extinguish the criminal
action or the penalty, provided that the crime
shall not be extinguished or the penalty shall not
be abated if.the marriage is void ab initio. Un~er
the Family Code, cohabitation is an act of
forgiveness (BOADO, supra at 757).
Pardon principle not applicable to accomplices,
accessories and multiple rape
Since rape is now categorized as a crime against
persons, marriage extinguishes the penal action
only as to the principal, i.e. the husband, but not as
to the accomplices and accessories (REYES, Book
Two, supra at 722-723).
The principle does not apply where multiple rape
was committed because while marriage with one
defendant extinguishes the criminal liability, its
benefits cannot be extended to the acts committed
by the others of which he is a co-principal (REYES,
Book Two, supra at 723).
ARTICLE 266-D
PRESUMPTIONS
EVIDENCE WHICH MAY BE ACCEPTED
IN THE PROSECUTION OF RAPE: (Pl)
1. Any Physical overt act manifesting resistance
against the act of rape in any degree from the
offended party; or
2. Where the offended party is so situated as to
render him/her !ncapable of giving his/her
consent (REYES, Book Two, supra at 725).

This is an exception to the rule that forgiveness by

'Il'fLE NINE:
the offended party shall not extinguish the penal CRIMES AGAINST
action in crimes against persons.
PERSONAL LIBERTY
MARITAL RAPE AND SECURITY
A husband may be guilty of rape of his wUe
. Prior to R.A. No. 8353, a husband cannot be guilty
of rape committed upon his wife becausS' of the
matrimonial consent which she gave wh~n she CHAPTER ONE:
assumed the marriage relation. However, under Art. CRIMES AGAINST LIBERTY
266-C of R.A. No. 8353, a husband may be guilty of
rape of his wife if it is the legal husband who is the (ARTS. 267-274)
offender (People v. Jumawan, G.R. No. 187495,
April 21, 2004).
. SECTION ONE:
It is true that the Family Code obligates the spouses
to love one another, but this rule sanctions affection
ILLEGAL DETENTION
and sexual intimacy, as expressions of love, that are
both spontaneous and mutual, and not the kind
which is unilaterally exacted by force or coercion
(People v. Jumawan, G.R. No. 187495, April 21,
ARTICLE 267
2004). KIDNAPPING AND SERIOUS
ILLEGAL DETENTION
Constitutional right to equal protection
To treat marital rape cases differently from non- ESSENCE OF KIDNAPPING
marital rape cases in terms of the elements that
The essence of the crime of kidnapping is the actual
constitute the crime and in the rules for their proof,
deprivation of the victim's liberty coupled with the
infringes on the equal protection clause (People v.
indubitable proof of the intent of the accused to effect
Jumawan, G.R. No. 187495, April 21, 2004).

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it (People v. Con-Ui, G.R. No. 205442, December
11, 2013).
ELEMENTS: (PPKI-MoST-MFP)
1. That the offender is:
a. A frivate individual who is not any of the
parents of the victim nor a female; or
NOTE: When the victim is a minor and the
accused is any of the parents, the penalty. is
that provided for in Art. 271, Par. 2 (REYES,
Book Two, supra at 729).
b. A f ublic officer who has no duty under the
law to detain a person;
NOTE: A public officer (such as a
policeman) who has a duty under the law to
detain a person but does so without legal
ground is liable for arbitrary detention (Art.
124). Thus, a public officer who has no legal
duty to detain a person may be prosecuted
for illegal detention and kidnapping (People
v. Mamantak, G.R. No. 174659, July 28,
2008).
2. That he ,!:Sidnapsor detains another, or in any
other manner deprives the latter of his liberty;
3. That the act of detention or kidnapping must be
!llegal; and
NOTE: Detention is illegal when not ordered by
competent authority or not permitted by law
(REYES, Book Two, supra at 733).
4. That in the commission of the offense, any of the
following circumstances is present: (MoST-
.MFP)
a. That the kidnapping or detention lasts for
More than three (3) days;
b. That it is committed .§.imulating public
authority;
c. That any serious physical injuries are
inflicted upon the person kidnapped or
detained or !hreats to kill him are made; or
d. That the person kidnapped or detained is a
Minor, female, or a fublic official (REYES,
Beak Two, supra at 728-729).
IT IS NOT NECESSARY THAT THE
VICTIM BE PLACED IN AN ENCLOSURE
It may consist not on·Iy in placing a person in an
enclosure but also in detaining him or depriving him
in any manner of his liberty (People v. Crisostomo,
G.R. No. 19034, February 17, 1923).
The original Spanish version of Art. 267 of the RPC
used the term "lock up" ( encarcerar) rather than
"kidnap" (sequestrator or raptor) which "includes not
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only the imprisonment of a person but also the
deprivation of his liberty in whatever form and for
whatever length of time" (People v. Baldogo, G.R.
Nos. 128106-07, January 24, 2003).
VICTIM MAY BE TAKEN BY THE
ACCUSED FORCIBLY OR
FRAUDULENTLY
What is controlling is the act of the accused in
detaining the victim against his or her will after the
offender is able to ·take the victim in his custody
(People v. Deduyo, G.R. No. 138456, October 23,
2003).
Although the victim initially consented to go to a
place with the accused, but was thereafter prevented
trough force from leaving the place, there is
kidnapping and serious illegal detention (People v.
Pickrell, G.R. No. 120409, October 23, 2003).
EFFECTIVE RESTRAINT OF A CHILD OF
TENDER AGE
The crime is committed when the offender left the
chij(j in the 6ouse of another, where the child had
ff~~m of lt»)motion but not· the freedom to leave
at will because of his tender age (People v. Acosta,
G.R. No. L-11964, March 24, 1960).
WHEN rJl~l,.UM OF THE PENALTY IS
IMPOSED: "(RaKRaT)
1. lftflEt~S~'i~~Jo extort Ransom;
2. Wher, lhe' victim is ,!:Silled or dies as a
consequence of the detention;
When the victim is Raped; or
. n the victim is subjected to Iorture or
'ffm~nizing acts (REYES, Book Two, supra at
741-742).
EFFECT OF REPUBLIC ACT NO. 9346 IN
KIDNAPPING FOR RANSOM
The penalty of reclusion perpetua should be
imposed, without the eligibility for parole (People v.
Solangon, G.R. No. 172693, November 21, 2007).
KIDNAP FOR RANSOM
The essential element .or act which makes the
offense kidnapping is the deprivation of an offended
party's liberty under any of the four circumstances
enumerated (People v. Suarez, G.R. No. L-1652,
December 21, 1948).
But when the kidnapping or detention was
committed for the purpose of extorting ransom, it is
NOT necessary. Neither actual demand for nor
payment of ransom is necessary (People v. Muit,
G.R. No. 181043, October 8, 2008).
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ELEMENTS OF KIDNAPPING FOR
RANSOM: (LOE)
1. Intent on the part of the accused to deprive the
victim of his _biberty;
2. Actual Qeprivation of the victim of his liberty; and
3. Motive of the accused, which is 5xtorting
ransom for the release of the victim (People v.
Ejandra, G.R. No. 134203, May 27, 2004).
RANSOM
It is the money, price, or consideration paid or
demanded for redemption of a captured person or
persons; it is a payment that releases from captivity
the person captured (People v. Mamantak, G.R. No.
174659, July 28, 2008).
THERE IS KIDNAPPING FOR RANSOM
WHEN KIDNAPPING IS COMMITTED TO
MAKE THE OBLIGOR PAY A DEBT
Since the accused demanded and receiVed rrtQney
as a requisite for releasing a persop from captivity,
whatever other motive may hav~ fmpelled tht:!rri" to
do so, the money is still ransom' .under the ~aw
(People v. Tomio, G.R. No. 74630; S<#)terflber 30,
1991). . when a 3-year old chifp was gagged, hidden in a box
THE CRIME IS STILL KIDNAPPING FOR
RANSOM ALTHOUGH T~E ACCUSED
MERELY WANTED A i•cHRISTMAS GIFT
OR PAMASKO" .. , ..
No specific form of ran;om ,)$ requir~d to
consummate the felony of kidl;Japping.Jorransom so
long as it was intended as bargaining chip in·
exchange for the victim's fre~dom (People ;V.
Salimbago, G.R. No. 121365, Se~mber,.14,\,1,~99),
KILLING OF PERSON . KIDNAPPED
RESULTS TO A SPECIAL COMPLEX
CRIME
Regardless of whether the killing was purposely
sought or was merely an afterthought, the
kidnapping and murder or homicide can no longer be
complexed under Art. 48 nor be treated as separate
crimes, but shall be punished as a special complex
crtme under the last paragraph of Art. 267; as
amended by R.A. No. 7659 (An Act to Impose the
Death Penalty on certain Heinous Crimes) (People
v. Montanir, G.R. No. 187534, April 4, 2011).
KILLING OF A THIRD PERSON IN
KIDNAPPING
However, if the person killed is not the kidnap victim,
it shall be treated as a separate crime of homicide or
murder, as the case may be. If such third person is
a policeman rescuing the victim, the other crime will
be direct assault with homicide because the
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CRIMINALLAW II
Criminal Law
policeman is an agent of a person in authority
(BOADO, supra at 778).
Where there is no showing that the accused
intended to deprive their victims of their liberty for
some tim~ and for some purpose, and there being
no appreciable interval between their being taken
and their being shot from which kidnapping may be
inferred, the crimes committed were murder and
frustrated murder, and not the complex crimes of
kidnapping with murder and kidnapping with
frustrated murder (People v. Lora, G.R. No. 49430,
March 30, 1982).
WHEN MURDER, AND NOT
KIDNAPPING
If the primary and ultimate purpose of the accused is
to kill the victim, the incidental deprivation of the
victim's liberty does not constitute the felony of
kidnaJ3ping but is merely a preparatory act to the
killing, and hence, is merged into, or absorbed by,
the Killing of.the victim (People v. Delim, G.R.
No.142773, January 28, 2003).
There is no kidnapping with murder, but only murder,
where he died _and a ransom was asked. The
demand ;for ransom did not convert the offense into
kidnapping with fnurder. It is only a part of the
diabolic scheme of the defendant to murder the
child, to conceat his body and then demand money
before"the discovecy oMhe cadaver. The defendant
waswett aware that the child would be suffocated to
death in a few moments after she left (People v.
Lora, G.R. Nb. 49430, March 30, 1982).
,j
A pei:sbn .who commits an act punishable as
Kidnapping and Serious Illegal Detention under Art.
26:7 theret;>y-··
sowing and creating a condition of
widespread and extraordinary fear and panic among
the"populace, in order to coerce the government to
give in to an unlawful demand shall be guilty of
Terrorism (R.A. No. 9372, Sec. 3).
KIDNAPPING WITH RAPE AND
FORCIBLE ABDUCTION WITH RAPE,
DISTINGUISHED
KIDNAPPING FORCIBLE ABDUCTION
WITH RAPE WITH RAPE
As to Presence of Lewd Designs
Taking of victim was At the outset, there is
without lewd designs. already lewd designs.
As to Nature of Complex Crime
It is a special It is a complex crime
under Art. 48 . since
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Kl0NAPPING FORCIBLE ABDUCTION ARTICLE 268

WITH RAPE WITH RAPE SLIGHT ILLEGAL DETENTION
complex crime. forcible abduction is a ELEMENTS: (PriKIW)
necessary means of
. committing the crime of 1. That the offender is a Private individual;
rape. 2. That he ,!Sidnaps or detains another, or in any
manner deprives him of his liberty;
As to Effect of Attempted Rape 3. That the act of kidnapping or detention is !llegal;
and
Attempted rape shall The crime committed is 4. That the crime is committed Without the
be considered a only forcible abduction, . attendance of the circumstances enumerated in
separate crime. the attempted rape being Art. 267 (REYES, Book Two, supra at 743).
an expression of the lewd
design. When the victim is female, the detention is under Art.
267; voluntary , release is not mitigating there
As to Effect of Multiple Rapes (REYES, Book Two, supra at 745).

There is only one If there are multiple rapes, LIABILITY IS MITIGATED WHEN THE
special complex only one is complexed FOLLOWING CIRCUMSTANCES
crime of kidnapping with forcible abduction and CONCUR: (RPC)
with rape regardless the rest shall be
of the number of considered as separate 1. Offender voluntarily Releases the person so
rapes committed. crimes. kidnapped or detained within three (3) days from
the commencement of the detention;
(BOADO, supra at 776-777). · out:~ving attained the furpose intended;
\i;J> .

,,
ILLEGAL DETENTION AND ARBITRARY '3. Before trie institution of friminal proceedings
DETENTION, DISTINGUISHED against him (REYES, Book Two, supra at 744).

LIABILt:fY :OFACCOMPLICE IN SLIGHT

ILLEGAL OETENTION
The satt'l~,:of reclusion temporal shall be
incurred 'fjy~t'fyone who shall furnish the place for
the perpetration of the crime. His participation is ,
· to that of a real co-principal. If the crime is
Mti67, he is a mere accomplice unless there
was cC:nspiracy(Id.). . .

ARTICLE 269
UNLAWFUL ARREST

Unlawfully kidnaps, Detains a person without
detains or otherwise legal ground
deprives a person of
liberty
(REYES, Book Two, supra at 743).
Perpetrators of enforced disappearances may be
penalized for the crime of arbitrary detention under
Art. 124 or kidnapping and serious illegal' detention
under Art. 267 of the Revised Penal Code (Razon v.
Tagitis, G.R. No. 182498, December 3, 2009).
ELEMENTS: (ADU)
1. That the offender ~rrests or detains another
person;
2. That the purpose of the offender is to Qeliver him
to the proper authorities; and
3. That the arrest or detention is ynauthorized by
law or there is no reasonable ground therefore
(REYES, Book Two, supra at 745).
THE OFFENDER IS ANY PERSON,
WHETHER A PUBLIC OFFICER OR A
PRIVATE INDIVIDUAL
However, the public officer must not be vested with
the authority to arrest or detain a person or must not
act in his official capacity. Otherwise, Art. 124 is

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CRIMINAL LAW II
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applicable and not Art. 269 (REYES, Book Two, DELAY IN THE DELIVERY OF
supra at 746). DETAINED PERSONS AND UNLAWFUL
ARREST, DISTINGUISHED
ARBITRARY DETENTION AND
UNLAWFUL ARREST, DISTINGUISHED

Detention is for some legal Detention is not

ground. authorized by law.

As to Commission

By failing to deliver such By making an

person to the proper judicial arrest not
authority within a certain authorized by law
period
(Id.).

No intention to bring the Purpose of arrest is to

offended to proper bring the victim to
authorities but merely to proper authority and file SECTION lWO:
detain him a charge
KIDNAPPING OF MINORS
As to Mat:merof Commission

Although authorized, Private person: arrests

detains a person without a person without
legal ground reasonable ground
therefoc and the
purpose is to deliver
the person arrested to
the proper authorities
Public officer: Not
authorized to am:lst
and detain a person, or
he .did not act in his
official capacity
(BOADO, supra at 780).
UNLAWFUL ARREST AND OTHER
ILLEGAL DETENTION, DISTINGUISHED
If the purpose of detaining the victim is to deliver him
to the proper authorities, and it develops to be
unlawful, . then the offense committed is unlawful
arrest. In any other case, the detention will render
the culprit liable for other illegal detention (REYES,
Book Two, supra at 747).
ARTICLE 270
KIDNAPPING & FAILURE TO RETURN A
MINOR
ELl:ME:NTS: (CuF)
1. That the .offender is entrusted with the Custody
of a minor person (less than 18 years old); and
2. That he deliberately fails to restore the said
minor to his parents or guardian (REYES, Book
Two, supra at 748).
This may also be committed by the mother or father
of the child. When committed by either parent,
penalty is only arresto mayor or a fine not exceeding
P300.00, or both (REYES, Book Two, supra at 749).
Kidnapping and failure to return a minor (Art. 270) is
necessarily included in Kidnapping and Serious
Illegal Detention of Minor (Art. 267, Par. 4), but what
differentiates them are the following:

No period of detention is fixed by law under Art. 269

but the motive of the offender is controlling (REYES,
Book Two, supra at 748).

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KIDNAPPING AND SERIOUS ILLEGAL separately and the custody of the minor children
DETENTION OF MINORS AND has been given to one of them (REYES, Book
Two, supra at 753).
KIDNAPPING AND FAILURE TO
RETURN A MINOR, DISTINGUISHED It is not necessary that the minor actually
abandons the home (REYES, Book Two, supra
at 752).

The minor should not leave his home on his own

free will. But if the minor would leave his home
of his own free will and would go and live with
another person, the latter is not criminally liable
(REYES, Book Two, supra at 753). _
Offender is not Offender is entrusted
entrusted with the with the custody of the
custody of the victim. minor.
SECTION THREE:
As to Act Punished
SLAVERY AND SERVITUDE
What is punished is the What is punished is the
illegal detaining or deliberate failure of the
kidnapping of the offender having the
minor. custody of the minor to ARTICLE 272
restore him to his SLAVERY
parents or guardian.
REYES, Book Two, supra at 749).
1. Thm'ffleoffender Purchases, sells, kidnaps or
ARTICLE 271 · detains itl!Jman being; and
2. That the j:nJrposeof the offender is to ~nslave
INDUCING A MINOR TO ABANDON such human being (REYES, Book Two, supra at
HIS HOME 754).

ELEMENTS: (Livln) QUAUFYJNl.i,~JRCUMSTANCE:

1. That a minor (less than 18 years old) is Living When the· piifpose of the offender is to assign the
in the home of his parents or guardian or the. offended party to some immoral traffic (RPG, Art.
person entrusted with his custody; an.d ·\'2lZ.efJr. 2J.
,;;1-,(<--, <

NOTE: The age of the minor is under 18 years. The purpose must be determined. If the purpose is
The age of majority is 18 years old und.er R.A. to enslave the victim, it is slavery; otherwise, it is
No. 6809 (REYES, Book Two, supra at 751). kidnapping or illegal detention (Id.).

2. That the offender Induces . said minor to

abandon such home (REYES, Book Two,
supra at 750).
Inducement must be: (a) actual, (b)
committed with criminal intent and (c)
determined by a will to cause damage (REYES,
Book Two, supra at 751).
The crime committed may be exploitation of
minors depending on the purpose of the
inducement (REYES, Book Two, supra at 766).
ARTICLE 273
EXPLOITATION OF CHILD LABOR
ELEMENTS: (RAD)
1. That the offender Retains a minor in his service;
2. That it is Against the will of the minor; and
3. That it is under pretext of reimbursing himself of
a Debt incurred by an ascendant, guardian or
person entrusted with the custody of such minor
(REYES, Book Two, supra at 755).

To induce NOTE: The phrase "against the latter's (minor's) will"

It means to influence; to prevail on; to move by implies that if the minor consents to the offender's
persuasion; or to incite by motives (REYES, retaining his services, there is no violation of this
Book Two, supra at 752). · article (Id.).

The father or mother may commit crimes under Indebtedness is not a ground for detention (Id.).
Arts. 270 and 271-where they are living

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ARTICLE 274
SERVICES RENDERED UNDER SECTION ONE:
COMPULSION IN PAYMENT OF DEBT
ABANDONMENT OF HELPLESS
PERSONS AND EXPLOITATION
ELEMENTS: (CAR)
OFMINORS
1. That the offender fompels a debtor to work for
him, either as household servant or farm laborer-
2. That it is Against the debtor's will; and '
3. That the purpose •is to Require or enforce the
ARTICLE 275
payment of a debt (REYES, Book Two, supra at ABANDONMENT OF PERSONS IN
756). DANGER AND ABANDONMENT OF
ONE'S OWN VICTIM
There is no violation of this article if a debtor is
compelled to work as an office janitor because this
PUNISHABLE ACTS: (UWA)
Article specifically provides that the debtor is
compelled to work as a household servant or farm 1. By failing to render assistance to any person
laborer (Id.). whom the offender finds •in an Y.ninhabited place
wounded or in danger of dying when he can
render such assistance without detriment to
EXPLOITATION OF CHILD LABOR AND
himself, unless such omission shall constitute a
SERVICES RENDERED UNDER more serious offense;
COMPULSION, DISTINGUISHED
ELEMENTS: (UDWA)
a. The place Is Y.ninhabited;

Uninhabited Place
It is determined by possibility of person
receiving assi$tance from another. The
place may still be considered uninhabited in
legal contemi,lation even if there are many
Victim is a minor. Does not distinguish
houses · around but the possibility of
whether the victim is a
receiving assistance is remote.
minor or not

As to Who is Compelled to Work b. The accused found there a person wounded

or in .Qangerof dying;
Minor is compelled to Debtor himself is the one c. The accused can render assistance Without
render services for the compelled to work for the detriment to himself; and -
supposed debt of his offender. · ·· d. The c1ccusedfails to render'Assistance.
parent or guardian.
2. By failing to help or render assistance to another
As to Nature of the Work Compelled whom the offender has accidentally Wounded or
injured; and
Service of minor is not Limited to household and
limited to household farm work. NOTE: This applies only when someone is
and farm work. accidentally injured by the accused. If a person
If in other capacities, intentionally stabs or shoots another who is
crime committed may be wounded and he does not render assistance,
coercion. that person is not liable under this article
(REYES, Book Two, supra at 755-756). (REYES, Book Two, supra at 759).

3. By failing to deliver a child under seven years of

age whom the offender has found Abandoned
to the authorities or to his family, orby failing t~
CHAPTER TWO: take him to a safe place (REYES, Book Two,
CRIMES AGAINST supra at 758).
SECURITY
The child under seven (7) years of age must be
(ARTS. 275-289) · found in an unsafe place (REYES, Book Two,
supra at 759).

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It is immaterial that the. offender did not know
that the child is under seven years (Id.).
ARTICLE 276
ABANDONING A MINOR
ELEMENTS: (CSAN)
1. That the offender has the fustody of a child;
2. That the child is under §even years of age;
3. That he Abandons such child; and
4. That he has Nointent to kill the child when the
latter is abandoned (REYES, Book Two, supra
at 760).
The law penalizes mere abandonment of a child
even when his life is not endangered, as long as
there is an interruption of the care and protection he
needs by reason of his tender age (Id. at 761).
The abandonment referred to in this article is·not the
momentary leaving of a child, but the abandonment
which deprives him of the care and protection
from danger to his person. The act must .be.
conscious and deliberate (Id.).
If there is intent to kill and the child dies, the crime
would be murder, parricide, or infanticide, as the
case may be. If the child does not die, it is attempted
or frustrated murder, parricide or infanticide, as the
case may be (Id. at 760).
Intent to kill cannot be presumed from the death of ·
the child. The ruling that intent to kill is conclusively
presumed from the death of the victim. of the crime
is applicable only to crimes against persons, and not
to crimes against security, particularly the crime of
abandoning a minor under Art. 176 (REYES, Book
Two, supra at 761).
If the intent in abandoning the child is to lose its civil
status, the crime under Art. 347 (concealment or
abandonment of a legitimate child) is committed
(REYES, Book Two, supra at 1215).
QUALIFYING CIRCU~STANCES: (DL)
1. When the Qeath of the minor resulted from such
abandonment; or
2. If the ,bife of the minor was in danger because of
the abandonment (REYES, Book Two, supra at
761).
The act must be conscious and deliberate, such that
the abandonment deprives the child of the care and
protection from danger to his person (People v.
Bandian, G.R. No. 45186, September 30, 1936).
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ARTICLE 277
ABANDONMENT OF MINOR
ENTRUSTED WITH HIS CUSTODY;
INDIFFERENCE OF PARENTS
PUNISHABLE ACTS: (DeNe)
1. Delivering a minor to a public institution
or other persons without the consent of
the one who entrusted such minor to the
care of the offender or, in the absence of
that one, without the consent of the
proper authorities (REYES, Book Two,
supra at 762); and
Elements of Abandonment of Minor: (EPIC)
a. That the offender has charge of the rearing
or gducation of a minor;
b. That he delivers said minor to a fublic
!nstitution or other persons; and
c. That the one who entrusted such child to the
offender has not fonsented to such act, or
if the one who entrusted such child to the
offender is absent, the proper authorities
have not consented to it (Id.).
2 .. Negl;·ctmg his (offender's} children by
not giving them the education which
their statio;11in life requires and financial
condition permit~ (REYES, Book Two, supra
at 762).
Elements:oflndifference of Parents: (PaNS)
a. That the offender is a Parent;
b. That he Neglects his children by not giving
them education; and
c. Tbat his §tation in life requires such
education and his financial condition permits
it (REYES, Book Two, supra at 763).
Failure to give education must pe due to
deliberate desire to evade such obligation (Id.).
The "neglect of child" punished under Art. 59(4)
of P.O. No. 603 is also a crime (known as
"indifference of parents") penalized under the
second paragraph of Art. 277 of the RPC (De
Guzman v. Perez, G.R. No. 156013, July 25,
2006).
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ABANDONMENT OF MINOR BY curators or teachers to follow any person

PERSONS ENTRUSTED WITH engaged in any calling mentioned in paragraph
two, or to accompany any habitual vagrant or
CUSTODY AND ABANDONMENT OF beggar, the offender being any person (REYES,
MINOR, DISTINGUISHED Book Two, supra at 765-766).
ABANDONMENT OF
MINOR BY PERSONS ABANDONMENT OF The act must be of such nature as to endanger the
ENTRUSTED WITH MINOR life or safety of the minor (REYES, Book Two, supra
CUSTODY (Art. 276) at 767)
(Art. 277)
QUALIFYING CIRCUMSTANCE: When the delivery
As to Custody of Offender to Offended Party of the child is made in consideration of any price,
compensation or promise (REYES, Book Two, supra
The custody of the The custody of the at 766).
offender is specific, that offender is stated in
is, the custotly for the general. EXPLOITATION OF MINORS AND
rearing or education of
INDUCING A MINOR TO ABANDON HIS
the minor.
HOME, DISTINGUISHED
As to Age of Minor Involved

Minor is under 18 years Minor is under· 7 years

of age. of age.

As to Method or Effect of Abandonment

Minor is delivered to a Minor is . abandoned in

The purpose of inducing No such purpose.
public institution or such a . way as to
the minor to abandon
other person. deprive him of the care
the home is to tallow any
an!} protection ·that his
person engaged in any
tender ~ars neei;l.
of the callings
(REYES, Book Two, supra at 763). mentioned.

ARTICLI; 2'78 . . As to Age of Victim

EXPLOITATION OF MINORS Victim is unoer 16 ~ars Victim is a minor under
of age. 18 years of age (R.A.
PUNISHABLE ACTS: (CND 21) No. 6809 reduced the
1. By fa using any boy or girl undeM.6 years of a'ge age of majority).
to perform any dangerous feat bf balancing, (:Id.).·
physical strength, or contortion, the offender
being any person; R.A. No. 7610 (Special Protection of Children
2. By employing children under 16 years of age Against Child Abuse, Exploitation, and
who are M,ot children or descendants of the discrimination Act, as amended) punishes abuse,
offender in exhibitions of acrobat, gymnast, exploitation, and discrimination of minors.
rope-walker, diver, or wild animal tamer, the
offender being an acrobat, etc.; or circus ARTICLE 279
manager or engaged in a similar calling;
3. By employing any Qescendant under 12 years
ADDITIONAL PENAL TIES FOR
of age in dangerous exhibitions enumerated in OTHER OFFENSES
the next preceding paragraph, the offender Imposition of the penalties prescribed in the
being engaged in any of said callings; preceding articles (Arts. 275-278) shall not prevent
4. By Qelivering a child under 16 years of age the imposition upon the same person of the penalty
gratuitously to any person following any calling provided for any other felonies defined and punished
enumerated in paragraph two, or to any habitual under the RPC.
vagrant or beggar, the offender being an
ascendant, guardian, teacher, or person
entrusted in any capacity with the care of such
child; and
5. By !nducing any child under 16 years of age to
abandon the home of its ascendants, guardians,

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express prohibition, of the occupant. Lack of

SECTION 1WO: permission does not amount to prohibition (People
TRESPASS TO DWELLING v. De Peralta, G.R. No. 17332, August 18, 1921).

ARTICLE 280
QUALIFIED TRESPASS TO DWELLING
ELEMENTS: (PEA)
1. That the offender is a Private person;
2. That he Enters the dwelling of anot~er; and
3. That such entrance is ~gainst the will of the
owner or occupant (REYES, Book Two, supra at
768).
REASON: To protect and preserve by law the
privacy of one's dwelling. Criminal intent inheres in
the unwelcome visit of a trespasser (People v.
Almeda, G.R. No. L-507, November 19, 1945).
QUALIFYING CIRCUMSTANCE: If committed by.
means of violence/intimidation (RPG, Art. 280, Par.
2).
IMPLIED PROHIBITION
There is an implied prohibition when entrance is
made through means not intended for ingress
(REYES, Book Two, supra at 770).
RULE: Whoever enters the dwelling of anoth~r at
late hour of the night after the inmates have retired
and closed their doors does so against their will.
Prohibition in this case is presumed (U.S. v.
Villanueva, G.R. No. 6246, January 4, 1911).
If a person was killed after trespass by the offender,
the following crimes are committed:
1. If there was no intent to kill when he entered -
separate crimes of homicide or murder and
qualified trespass to dwelling.
2. If there was intent to kill when he entered - the
crime of homicide or murder with dwelling as an
aggravating circumstance (REYES, Book Two,
supra at 773-774).

SIMPLE TRESPASS TO DWELLING ··Prohltiition.~st be in existence prior to or at the

AND QUALIFIED TRESPASS TO
DWELLING, DISTINGUISHED
Simple Trespass to
Dwelling
(Art. 280, Par. 1)
time of ~ntr~nce. In no event can facts arising after
entry has been.,effected with the express or implied
consent of the occupant change the character of the
Qualified Trespass to
entry from one with consent to one contrary thereto
Dwelling
(U.S. v.. Dibriisio,. G.R. No. 4655, December 19,
{Art. 280, Par. 2)
1908).,, .,, , 0 y

Offender enters the Offender enters. the :

Prohibiti~,ri~:-',{:c{it'necessary when violence or
dwelling of another dwelling · of ~other
and the entrance is
against the latter's will
against the lalter's
the offense is ~orpmitted
wi'
and
intimidation is employed by the offender (qualified
ass) (U.S. v. Abanto, G.R. No. 5266, February
(REYES, Book Two, by means ·of violence OJ. J~"J:\
supra at 768). intimidation . (REYES,
Book Two, supra at 771). Violence or intimidation may be the method by which
one may pass the threshold of the dwelling of
another or the conduct immediately after the
entrance of the offender (U.S. v. Arceo, G.R. No.
Dwelling place
1491, March 5, 1904).
Means any building .or structure exclusively devoted
for rest and comfort (REYES, Book Two, supra at
NOTE: Trespass may be committed by the owner of
768). Dwelling includes a room when it is occupied
a dwelling; when a lessor enters the house leased to
by another person (U.S. v. Silvano, G.R. No. 10331,
another against the latter's will (REYES, Book Two,
September 27, 1915).
supra at 773).
The determining factor of whether a building is a
The circumstance may show that the trespasser has
dwelling is the use to which it is put (REYES, Book
the intention to commit an,other crime but if there is
Two, supra at 768).
no overt act of crime intended to be done, what is
committed is only trespass to dwelling (People v.
In general, all members of a househol_d ~u~t be
Lamahang, G.R. No. L-43530, August 3, 1935).
presumed to have authority to extend an mv1tatIonto
enter the house (U.S. v. Dulfo, G.R. No. 4133,
If the offender is a public officer or employee, the
August 10, 1908).
crime committed is violation of domicile (REYES,
Book Two, supra at 768).
To commit trespass, the entrance by the accused
should be against the presumed or implied or

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CASES TO WHICH THE PROVISION OF

THIS ARTICLE IS NOT APPLICABLE:
1. If the entrance to another's dwelling is made for
the purpose of preventing some serious harm to
himself, the occupants of the dwelling or a third
person;
2. If the purpose is to render some service to
The place entered is The place enterec;l is
humanity or justice; and
inhabited. uninhabited.
3. If the place where entrance is made is a cafe,
tavern, inn and other public house, while the As to .Act Punished
same are open (REYES, Book Two, supra at
774). The act constituting the It "is the entering the
crime is entering the closed premises or the
NOTE: A person who believes that a crime has been dwelling against the will fenced estate without
committed against him has every right to go after the of the owner. securing the permission
culprit and arrest him without any warrant even if in of the owner or
the process he enters the house of another against caretaker thereof.
the latter's will (RULES OF COURT, Rule 113, Sec.
6). As to Prohibition to Enter

The prohibition to enter The prohibition to enter

ARTtCLE 281 .
is express or implied. must be manifest.
OTHER FORMS OF TRESPASS
(REYES, Book Two, supra at 775).
ELEMENTS: (EnUMN) ·
1. That the offender Enters the closed premises or
the fenced estate of another; SECTION THREE:
2. That the entrance is made while either of them
is Uninhabited;
THREATS AND COERCION
3. That the prohibition to enter be Manifest; and
4. That the trespasser has ,t!ot secured the
permission of the owner or the caretaker thereof THREATS".AND COERCION,
(REYES, Book Two, supra at 775).
DISTINGUISHED
Premises THREATS COERCION
It signifies the distinct and definite locality. It may
a
mean room, shop, building or definite area, but in As to Character of Threatened Harm
either case, locality is fixed (Words and Phrases,
Vol. 33). . The threatened harm or The· threatened harm or
wrong is • future and wrong is immediate and
QUALIFIED TRESPASS TO DWELLING conditional. direct.
AND OTHER FORMS OF TRESPASS, As to Use of Intermediary
DISTINGUISHED
It may be done through It cannot be done by
an intermediary or in means of an
writing. intermediary or in
writing.

As to Manner of Commission

Generally, it is Generally, it is
Offender is a private The offender is any committed by means of committed by violence,
person. person. intimidation which is although it may also be
future and conditional. by intimidation if it is
.As to Enclosure Entered
serious enough, direct,
Offender enters a Offender enters closed immediate and personal
dwelling house. premises or fenced (e.g. intimidation with
estate. firearm).

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THREATS COERCION threats - that the threats will be carried into

effect (U.S. v. Paguiran, G.R. No. 5348,
As to Who May be lntimiaated November 16, 1909).

Intimidation is directed Intimidation is directed The act threatened to be committed must be a

against the victim or his personally. wrong (REYES, Book Two, supra at 782).
family (REYES, Book
Two, supra at 617). QUALIFYING CIRCUMSTANCE: If threat was
made in writing or through a middleman (REYES,
(BOADO, supra at 818-819).
Book Two, supra at 779).
Intimidation or promise of future harm or injury
ARTICLE 282 whether to the person, honor, or property of the
GRAVE THREATS offended pa,:t:yor of his family is the essence of the
crime (REYES, Book Two, supra at 782).
PUNISHABLE ACTS:
The crime of threats is consummated the moment
1. Threatening another with the infliction upon his
the threat comes to the knowledge of the person.
person, honor, or property or that of his family of
threatened (REYES, Book Two, supra at 783).
any wrong amounting to a crime and demanding
money or imposing any other condition even
If there is another crime actually committed or the
though not unlawful, and the offender attained 0

objective of the offender is another crime, and the

his purpose (with condition) (REYES, Book Two,
threat is only a means to commit it or a mere incident
supra at 776);
to its commission, the threat.is absorbed by the other
crime (REYES, Book Two, supra at 784).
Elements of Grave Threats Where the
Offender Attained His Purpose: (ICDA)
lf:the threat was made with the deliberate purpose of
a. That the offender-threatens. another person
creating rn the mind of the person threatened the
with the Infliction upon• the latter's person,
belief that the threat would be carried into effect, the
honor or property, or upon that of the latter's
crime committed is grave' threats, and the minor
family, of any wrong;
crime which accompanied it should be disregarded
b. That such wrong amounts to a ,Qrime;
(Id.).
c. That there is a Demand for money or that
any other condition is imposed, even though
When the offender(femands the money or property
not unlawful; and
on the -~~•• :tM@crime is not grave threats but
d. That the offender Attains his purpose·
robbery with intimidation (U.S. v. Osorio, G.R. No.
(REYES, Book Two, supra at 777).
6660, January 17; 1912).
F , 2 i~ ,

·•
2. Making such threat without the . offender
attaining his purpose (with condition; elements
NOTE:The following acts, the purpose of which is to
prevent a person from appearing in the investigation
for this act are the same with the first except that
of, or official proceedings in criminal cases, are
the purpose is not attained); and (REYES, Book
Two, supra at 776).
punishable: .
1. Threatening directly or indirectly another with
3. Threatening another with the infliction upon his
the infliction of any wrong upon his person,
person, honor or property or that of his family of
honor or property or that of any immediate
any wrong amounting to a crime, the threa_t_not
member or members of his family; or
being subject to a condition (without cond1t1on)
2. Imposing a condition, whether lawful or unlawful
(Id.).
(P.D No. 1829, Sec. 1).
Elements of Grave Threats NOT Subject to a
Condition: (ICNo) ARTICLE 283
a. That the offender threatens another person LIGHT THREATS
with the Infliction upon the latter's person,
honor, or-property, or upon that of the latter's ELEMENTS: (TNDA)
family, of any wrong;
1. That the offender makes a !hreat to commit a
b. That such wrong amounts to a _Qrime;and
wrong;
c. That the threat is Not subject to a condition
2. That the wrong does Not constitute a crime;
(REYES, Book Two, supra at 643).
3. That there is a Demand for money or that other
condition is imposed, even though not unlawful;
NOTE: The third form of grave threats must be
and
serious in the sense that it is deliberate and that
4. That the offender has AttainHd his purpose or,
the offender persists in the idea involved in his

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that he has not attained his purpose (REYES,

Book Two, supra at 785).

Light threats are committed in the same manner as

grave threats except that the act threaiened ·to be
committed should not be a crtme (Id.).

NOTE: Light threats may amount to blackmailing,

which is consequently punished· under Art. 283 Not made applicable to Applicable only to
(REYES, Book Two, supra at 786). any particular case. cases of grave threats
and light threats.
GRAVE THREATS AND LIGHT As to Type of Penalty
THREATS, DISTINGUISHED
It is a distinct penalty. It is an additional
GRAVE THREATS LIGHT THREATS
penalty.
(Art. 282) (Art. 283)

As to Act Threatened to be Vommitted As to Effect of Failure to Give

Act threatened amounts Act threatened does If the offender fails to If he shall fail to give
to a crime. not amount to a crime. give the bond, he shall bail, he shall be

As to Demand for Money

. be detained for a period sentenced to destierro .
not exceeding 6 months
(if prosecuted for
The demand for money The demand for money grave/less grave felony)
or imposition of any or imposition of any or not ·exceeding 30
other condition is not an condffion is an days (if prosecuted for
essential element. essential element, light felony). ·
whether the condition is
(REYES, Book Two, supra at 787).
attained or not.
(REYES, Book Two, supra at 785). ARTrcLE 285
OTHER LIGHT THREATS
ARTICLE 284
BOND FOR GOOD BEHAVIOR PUNISHABLE ACTS: (WHarN}
1. Threatening another with a Weapon, or drawing
WHEN A PERSON IS REQUIRED TO such weapon in a quarrel, unless it be in lawful
GIVE BAIL BOND: self-defense~
1. When he threatens another under • .the 2. Orally threatening another, in the heat of anger,
circumstances mentioned in Art. 282; and with some Harm constituting a crime, without
2. When he threatens another under toe · persisting in the idea involved in his threat; and
circumstances mentioned in Art. 283 (REYES, 3. Orally threatening to do another any harm _!':!ot
Book Two, supra at 787). constituting a felony (REYES, Book Two, supra
at 788).

BOND TO KEEP THE PEACE AND If the threats are directed to a person who is absent
BOND FORA GOOD BEHAVIOR, and uttered in a temporary fit of anger, the offense is
DISTINGUISHED only other light threats (People v. Fontanilla, G.R.
No. 39248, February 3, 1934).

Provides for bond to Provides for bond for

keep the peace. good behavior.

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OTHER LIGHT THREATS AND GRAVE · PREVENTIVE GRAVE COERCION AND

THREATS AND LIGHT THREATS, COMPULSIVE GRAVE COERCION,
DISTINGUISHED ' DISTINGUISHED
Preventive - Compulsive

The act prevented to The act compelled to be

be done must not be done by another against
prohibited by law. his will may-or may not be
prohibited by law.

No demand for money. In certain cases. (BOADO, supra at 820-821).

demand for money is
material. WHEN PREVENTING IS NOT
CONSIDERED COERCION
Under Art. 132: When a public officer prevents the
ceremonies of a religious group (REYES, Book Two,
No condition imposed. In certain cases,
supra at 793).
imposed condition is
material.
Under Art. 143: When a person prevents the meeting
of a legislative assembly (Id.).

Under Art. 145: When a person prevents a member

of Congress from attending meetings, expressing
(REYES, Book Two, supra at 790).
his opinions or casting his vote through the use of
, f~ qr intir;riidation (Id.).
ARTICLE 286 :" ''✓-i"'.i,)\:0,i,'

GRAVE COERCION Under Art. 2,i!{t;When the violence is employed to

ELEMENTS: (PreComVN)
1. That a person Prevented another from doing
something not prohibited by law, or by
Compelling him to do something against his will,
be it right or wrong;
2. That the prevention or compulsion be effected
by ~iolence, either by material force or .such a
display of it as would produce intimidation arid
consequently, control over the will of the
offended party; and
3. That the person who restrained the will and
. liberty of another has _tfo right to do so (REYES,
· Book Two, supra at 792).
seize anyttiill;g\ belonging· to the debtor of the
offender (f!E'(ES 1 Book Two, supra at 797).
In grave coercion: the act of preventing by force
must beO.~~~lJl'.Ie time the offended party was
doing or Elhout:to ao the act to be prevented. If the
act was already done when violence is exerted, the
c;;rimeis unjust vexation (REYES, Book Two, supra
.¥f,'112).
WHEN COMPELLING IS NOT
CONSIDERED COERCION
Under Art. 127: When a public officer compels a
person to change his residence (RPG, Art. 127).

PUNISHABLE ACTS: (PreCom)
1. Preventing another by means of violence,
threats or intimidation, from doing something not
, prohibited by law (Preventive); and
NOTE: If the thing prevented from execution is
prohibited by law, there is no grave coercion, but
some other crimes (BOADO, supra at 821).
2. Compelling another, by means of violence,
threats or intimidation, to do something against
his will, whether it be right or wrong
(Compulsive) (Id.).
Under Art. 267: When a person kidnaps his debtor
to compel him to pay (RPG, Art. 267).
QUALIFYING CIRCUMSTANCES: (SRR)
1 If the coercion is committed in violation of the
exercise of the right of .§.uffrage;
2 If the coercion is committed to compel another
to perform any Religious act; and
3 If the coercion is committed to prevent another
from performing any B,eligious act (RPG, Art.
286, Par. 2).

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I
GRAVE COERCION AND UNJUST
VEXATION, DISTINGUISHED PAR. 1 OF ART. 287
.
It is limited to a case where the offender seized
Grave Coercion Unjust Vexation
· anything belonging to his debtor by means of
There is violence or There is no violence or violence to apply the same to the payment of the
intimidation. intimidation. debt (REYES, Book Two, supra at 805). ·

(REYES, Book Two, supra at 806).

PAR. 2 OF ART. 287, UNJUST VEXATION
It includes any human conduct which although not
~ GRAVE COERCION AND ILLEGAL productive of some physical or material harm would,
DETENTION, DISTINGUISHED however, unjustly annoy or vex an innocent person.
Grave Coercion Illegal Detention (REYES, Book Two, supra at 805).

Intent to deprive the Intent to deprive is In determining whether the crime of unjust vexation
offended party of his present. is committed, the offender's act must have caused
liberfy is not clear (i.e. annoyance, irritation, vexation, torment, distress or
may freely leave the disturbance to the mind of the person to whom it is
house but is compelled directed (REYES, Book Two, supra at 806).
to return).
It is distinguished from grave and light coercions by
(REYES, Book Two, supra at 801).
- the absence of violence (Id.) .
.
GRAVE COERCION AND Light coercion will be unjust vexation when the
MAL TREATMENT OF PRISONERS, element of violenoe or intimidation is absent (Id.).
DISTINGUISHED Kissing a girl, without performing acts of
lasciviousness, is unjust vexation (Id.).
. Maltreatment of
Grave Coerc,on .
'Art 2861 Prisoners WHEN PROPERTY OF A DEBTOR IS
t· . 1 (Art. 235)
SEIZED· CRIMES COMMITTED
If the offended party is If the offended party is a Crime Act
not a prisoner, prisoner, extracting
extracting information information using force Light If by means of · violence, the
using force or or intimidation is Coercion property is applied to the debt.
intimidation is coercion. maltreatment. (Art. 287)
(REYES, Book Two, supra at 802).
Robbery lfthe value of the property seized is
.(Art. 294) · :greater than the debt (intent to gain
There is no grave coercion where the eccusep ~cted
in good faith in the performance of his duty (Timoner is present) and violence or
v. People, G.R. No. L-62050; November 25, 1983). intimidation is employed.

Estafa If there is no obligation on the part

Coercion is always consummated even if the (Art. 315) of the offended but was feigned; the
offended party did not accede to the purpose of the deceit caused damage to the
coercion (U.S. v. Cusi, G.R. No. 3699, March 18, offended.
1908).
(BOADO, supra at 823).
ARTICLE 287
NOTE: In order that the creditor shall not be charged
LIGHT COERCION
with light coercion when the transaction is actually
dacion, public writing evidencing dacion should be
ELEMENTS: (CreDSA) executed for his protection· (Id.).
1. The offender must be a Creditor;
2. He seizes anything belonging' to his Qebtor; ARTICLE 288
3. The .§.eizure of the thing be accomplished by OTHER SIMILAR COERCIONS
means of violence or a display of material force
(COMPULSORY PURCHASE OF
· producing intimidation; and
4. The purpose of the offender is to ~pply the same MERCHANDISE & PAYMENT OF
to the payment of the debt (REYES, Book Two, . WAGES BY MEANS OF TOKENS)
supra at 804).

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PUNISHABLE ACTS: (PT)
1. By forcing or compelling, directly or indirectly, or
knowingly permitting the forcing or compelling of
the laborer or employee of the offender to
fµrchase merchandise or commodities of any
kind from him (REYES, Book Two, supra at
810); and
ELEMENTS: (OLP)
a. That the offender is any person, agent .or
Officer of any association or corporation;
b. That he or such firm or corporation has
employed ,baborers or employees; and
· c. That he forces or compels, directly or
indirectly, or knowingly permits to be forced
or compelled, any of his or its laborers or
employees to f.urchase merchandise or
commodities of any kind from him or from
said firm or corporation (REYES, Book Two,
supra at 811).
2. By paying the wages due his laborer or
employee by means of Iokens or objects other
than the·legal tender Cljrrency of the Philippines,
unless expressly requested by such laborer or
employee (Id.).
ELEMENTS: (TON)
a. That the offender pays the wages due a
laborer or employee employed by him by
means of Iokens or objects;
b. That those tokens or Objects are other than
the legal tender currency of the Philippines;
and
c. That such employee or laborer does Not
expressly request that he be paid by means
of tokens or objects (Id.).
Inducing an employee to give up any part of his
wages by force, stealth, intimidation, threat or by any
other means is unlawful under Art. 116 of the Labor
Code, not under the RPC (REYES, Book Two, supra
at 812).
Wages shall be paid in legal tender and the use of
tokens, promissory notes, vouchers, coupons, or
any other form alleged to represent legal tender is
absolutely prohibited even when expressly
requested by the employee (Omnibus Rules
Implementing the Labor Code, Book Ill, Rule VJIJ,
Sec. 1).
ARTICLE 289
FORMATION, MAINTENANCE, &
PROHIBITION OF COMBINATION OF
CAPITAL OR LABOR THROUGH
VIOLENCE OR THREATS
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ELEMENTS: (ViTCoLo)
1. That the offender employs Violence orThreats,
in such a degree as to compel or force the
laborers or employers in the free and legal
exercise of their industry or work; and
2. That the purpose is to organize, maintain or
prevent Coalitions of capital or laborers or
Lockout of employers (REYES, Book Two,
supra at 812).
The act should not be a more seri_ous offense;
otherwise, it will be punished in accordance with
other provisions of the Code (REYES, Book Two,
supra at 812-813).
Peaceful picketing is allowed. When the picketers
employ violence or if they make threats, they shall
be held liable for coercion (Id.).
Preventing .employee from joining any registered
labor organization is punished under the Labor
Code, not under the RPC (REYES; Book Two, supra
at 814).
CHAPTER THREE:
,·DISCOVERY AND
REVELATION OF SECRETS
. (ARTS. 290-292)
•),c<a~t\).;t~#TICLE
290
DISCOVERING SECRETS THROUGH
v••~~EIZUREOF CORRESPONDENCE
',_~)ii~~'~:i~:~~-i;,_~'-'"
,-,,
E[EMEN1S: (P2 uSDI)
1. That the offender is a frivate individual or even
a Public officer not in the exercise of his official
function;
2. That he §.eizes the papers or letters of another;
3. That the purpose is to Qiscover the secrets of
such other person; and
4. That the offender is Informed of the contents of
the papers or letters seized (REYES, Book
Two, supra at 816).
Seize
It means to place in the control of someone a thing
or to give him the possession thereof. It is not
necessary that in the act, there should be force or
violence (Id.).
The purpose of the offender must be to discover the
secrets of another (Id.).
QUALIFYING CIRCUMSTANCE: Offender reveals
the contents of such paper or letter of another to a
third person (RPG, Art. 290, Par. 2).
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NOTE: Revealing the secret is not an element of the

offense (REYES, Book Two, supra at 817).

Prejudice is not an element of this offense (Id.).

There must be taking possession of papers or letters necessary that it • be

of another even for a short time (REYES, Book Two, revealed.
supra at 816).
·As to Act Punished
If the offender knew that the addressee must r.eceive
the mail otherwise the latter will be prejudiced, estafa Act punished is the Act punished is the
is committed (BOADO, supra at 828). revelation of secrets by seizure of
the officer by reason of correspondence so as to
If the purpose is not to know the contents but to his office. discover the secrets of
prevent the addressee from receiving the letter, the the offended party.
crime may be malicious mischief (Id.).
(REYES, Book Two, supra at 817).
Discovering secrets through se.izure of
NOTE: Section 2756 of the Administrative Code
correspondence cannot be committed through ·
punishes the unlawful opening of mail matter
negligence (REYES, Book Two, supra at 816).
(REYES, Book Two, supra at 818).
When the letter or paper was delivered by mistake
to another and the latter opened the same, there is ARTICLE 290 IS NOT APPLICABLE TO:
no crime of ·discovering secrets through seizure of 1. Parents, guardians, or persons entrusted with
correspondence (Id.). the custody of minors with respect to the papers
or letters of the children or minors placed under
PUBLIC OFFICER REVEALING their care or custody; and
2. Spouses with respect to the papers or letters of
SECRETS OF PRIVATE l~DIVIDUAL either of them (Id.).
AND SEIZURE OF CORR,E$PONDENCE,
DISTINGUISHED ARTICLE 291
REVEA(ING SECRETS WITH
ABUSE: OF OFFICE

ELEMENTS: (MESLeR)
1. That the offender is a Manager, £mployee or
§.erv;=mt;
2. That. he Learns the secrets of his principal or
Public officer comes to Private individualse~zes master in such capacity; and
know the secret of any .the papers or letters of 3. That he Reveals such secrets (REYES, Book
private individual by another. Two, supra at 818).
reason of his office.
Secrets must be learned by reason of their
As to Discovery of Secret employment (Id.).
The secret is not It is necessary that the Damage is not necessary (REYES, Book Two,
necessarily contained offender seizes the supra at 819). (Id.) .
in papers or letters. .papers or letters of
another to discover the
secret of the latter. ARTICLE 292
REVELATION OF INDUSTRIAL
As to Revelation of Secret SECRETS
Reveals the secret It is not necessary that
without justifiable there be a secret, and if ELEMENTS: (CESP)
reason. there is a secret 1. That the offender is a person iri ~harge,
discovered, it is not employee or workman of a manufacturing or
industrial establishment;
2. That the manufacturing or industrial

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San Beda UniversityCollege of Law - RGCTBar OperetlOnsCenter
£Stablishfnent has a secret of the industry which
the offender has learned;
3. That the offender reveals such .§.ecrets; and
4. That ,Erejudice is caused to the owner (Id.).
Secrets must relate to manufacturing processes
invented by or for a manufacturer and used only in
his factory or in a limited number of them; otherwise,
as when such processes are generally used, they
will not be secret (Id.).
Prejudice is an essential element in this offense
because Art. 292 says "to the prejudice of the owner
thereof' (REYES, Book Two, supra at 820).
REVELATION OF SECRETS MAY BE
MADE ANYTIME
It may be committed even after the workman or
employee had ceased to be connected with the
establishment (Id.). ,
REPUBLIC ACT NO. 4200
THE ANTI-WIRE TAPPING ACT
(Refer to SPL part for further discussion. See page
464)
Approved on: June 19, 1965
Effectivity Date: June 19, 1965
PUNISHABLE ACTS:
Any person or participant, not authorized by all the
parties to any private· communication or spoken
word:
1. To tap any wire or cable;
2. To use any other device or arrangement to
. secretly overhear, intercept or record such
communication or spoken word by. using a
device known as dictaphone, dictagraph,
detectaphone, walkie-talkie or tape-recorder;
3. To knowingly possess any tape/wire or disc
record of any communication or spoken word or
copies thereof; ,
4. To replay the same for any person or persons;
5. To communicate the contents thereof, verbally
or in writing; and
6. To furnish transcriptions thereof, whether
complete or partial (R.A. No. 4200, Sec. 1).
EXCEPTION: When a peace officer is authorized by
written order from the court (R.A. No. 4200, Sec. 3).
Any communication or spoken word, or the .
existence, contents, substance, purport, effect, or
meaning of the same or any part thereof, or any
information therein contained obtained or secured
by any person in violation of the preceding sections
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of this Act shall not be admissible in evidence in any
judicial, quasi-judicial, legislative or administrative
hearing.or investigation (Sec. 4).
The phrase "any other device or arrangement" does
not cover an extension line (Gaanan v. Intermediate
Appellate Court, G.R. No. L-69809, October 16,
1986).
The provisions of R.A. No. 4200 to the contrary
notwithstanding, a police or law enforcement official
and the members of his team may, upon a written
order of the Court of Appeals, listen to, intercept and
record, with the use of any mode, form, kind or type
of electronic or other surveillance equipment or
intercepting and tracking devices, or with the use -of
any other suitable ways and means for that purpose,
any communication, message, conversation,
discussion, or spoken or written words between
members of a jud_icially declared and outlawed
terrorist organization, association, or group of
persons or of any person charged with or suspected
of the crime of terrorism or conspiracy to commit
terrorism (R.A. No. 9372, Sec. 7).
..TITLE TEN:
CRIMES
.. AGAINST
PROPERTY
CHAPTER ONE:
ROBBERY IN GENERAL
ARTICLE 293
WHO ARE GUil TY OF ROBBERY
ROBBERY
It is the taking of personal property belonging to
another, with intent to gain, by means of violence
against, or intimidation of any person, or using force
upon anything (REYES, Book Two, supra at 823),
CLASSIFICATION OF ROBBERY:
1. Robbery with violence against, or intimidation of
persons (Arts. 294, 297, and 298); and
2. Robbery by use of force upon things (Arts. 299
and 302) (Id.).
ELEMENTS OF ROBBERY IN GENERAL:
(PU Tl-VF)
1. There be ,Eersonal property (bienesmuebles)
belonging to another;
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2. There is !J.nlawful Iaking (apoderamiento or
asportacion) of that property;
3. The taking must be with !ntent to gain (animus
lucrandi); and · 828).
4. There is ~iolence against or intimidation of any
person or force used upon things (Id.at 823).
PERSONAL PROPERTY
The property taken must be personal property, for if
real property is occupied or real right is usurped by
means of violence against or intimidation of persons,
the crime is usurpation under Art. 312 (Id.).
As long as the personal property does not belong to
the accused who has a valid claim thereof, it is
immaterial whether said offender stole it from the
owner, a mere possessor, or even a thief of the
property (REGALADO, supra at 651).
If it is the owner who forcibly takes the personalty
from its lawful ·possessor, the crime is other form of
swindling by wrQngfully taking personal property by
the owner under Art. 316(3) since the former cannot
commit robbery on his own property even if he uses
violence or intimidation (REGALADO, supra at 655).
Classification of personal property under the Civil
Code does not apply. The test is whether the object
is susceptible of appropriation ar:id transportation
from one place to place without altering its nature or
essence (REGALADO, supra at,651).
Prohibited articles may be the subject matter of
robbery (U.S. v. Sana Lim, G.'R No. 9604, Novemb_er
19, 1914).
UNLAWFUL TAKING
1. Unlawful taking means appropriating a thing
belonging to another anc! placing it under one's
control or possession.
2. Unlawful taking is COMPLETE when in:
a. Robbery with violence against or
intimidation of persons - offender has
already the. possession of the thing even if
he has no opportunity to dispose of it.
b. Robbery with force upon things -the thing
must be bro\.,lght outside the building for
consummated rpbbery to be committed
(REYES, Book Two, supra at 825-827).
Where the taking was lawful and the unlawful
misappropriation was subsequent to such taking, the
crime is estafa or malversation (Id. at 826).
NOTE: "Taking" as an element of robbery means
depriving the offended party of ownership of the
thing taken with the character of permanency
(Bernal v. CA, G.R. No. L-32798, August 30, 1988).
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INTENT TO GAIN
Intent to gain is presumed from the unlawful taking
of personal property (REYES, Book Two, supra at
.
Elements of "personal property belonging to
another" and that of "intent to ga_in"must concur
1. If the accused, with intent to gain, took from
another, personal property which turned out to
be his own property, the property not
belonging to another, he cannot be held liable
for robbery, even if in the taking the accused
used violence against or intimidation of person,
or force ·upon anything;
2. If he took personal property from another,
believing that it was his own property, but in
reality it belonged to the offended party, there
being no intent to gain, he cannot be held liable
for robbery, even if the accused used violence
against or intimidation of person, or force upon
things (Id. at 829).
If there was no intent to gain, estafa or coercion may
be committed (Id.).
VIOLENCEOR INTIMIDATION
It must be present before the taking of personal
property is complete. But when the violence results
in homicide, rape, intentional mutilation or any' of the
serious physical injuries penalized in Par. 1 and 2 of
Art. 263, the taking of the personal property is
robbery complexed with any of those crimes under
Art .• 294, even if the taking was already complete
when the violence was used by the offender (Id. at
831).
Whenever violence against or intimidation of any
person is used, the taking of personal property is
always robbery. If there is no violence or
intimidation, but only force upon things, the taki'ng is
robbery only if the force is used either to enter the
building or to break doors, wardrobes, chests, or any
other kind of locked or sealed furniture or receptacle
inside the building or to force them open outside
after taking the same from the building (REYES,
Book Two, supra at 833). In the absence of this
element, the crime committed is theft (REYES,
Book Two, supra at 913).
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San Seda University College of Law - RGCT Ber Operations Center

VIOLENCE AGAINST OR INTIMIDATION 2. When the robbery is accompanied by Rape or

OFPERSONSANDFORCEUPON intentional mutilation or ars~n;
3. When by reason or on occasion of such robbery
THINGS, DISTINGUISHED any of the .e_hysicalinjuries resulting in insanity,
imbecility, impotency or blindness is inflicted
(subdivision 1 of Art. 263);
4. When by reason or on occasion of robbery, any
of the physical injuries penalized in subdivision
2 of Art. 263 is !nflicted;

The taking of personal It must be used to either · When the person injured:
property belonging to enter the building or a. Loses the use of speech or the power to
another is always break doors, wardrobes, hear or to smell, or loses an eye, a hand, a
robbery. chests,. or any other kind foot, an arm, or a leg;
of locked or sealed b. Loses the use of any such member; or
furniture or receptacle c. Becomes incapacitated for the work in which
inside the building or to . he was therefore habitually engaged, in
force open them outside consequence of the physical injuries
after taking the same inflicted;
from the building.
5. If the violence or intimidation employed in the
:Asto Value of the l?ropertyTaken commission of the robbery is carried to a degree
clearly Y,nnecessary for the commission of the
Value of property The penalty in robbery crime; or
taken is immaterial. with force upon things 6. When in the course of its execution, the offender
committed in an inhabited ·Shall Mve inflicted upon any person Not
The penalty depends house, public building, or responsit>le _for its commission any of the
on the result of the edifice devoted to physical injuries covered by subdivisions 3 and
violence used and on religious worship is 4 of Art. 263;
the existence of based on value of the
intimidation only. property taken and on When the person injured:
whether or not the a. Becomes deformed;
offenders carry arms. b. L:~$8.BftYothermember of his body; -
c. Loses the use thereof;
In robbery with force d. Becomes ill or incapacitated ·for the
upon things committed iil · performance of the work in which he was
an uninhabited building, · 1_. habitually engaged for more than 90 days,
the penalty is based on · h'1 consequence of the physical injuries
the value of the property inflicted; or
taken. e. When the injured person becomes ill or
incapacitated for labor for more than thirty
. (REYES, Book Two, supra at 833-834; AMURAO, . · (30) days (but must not be more than ninety
Book Two, supra at 315-316). (90) days), as a result of the physical injuries
inflicted.
7. If the violence employed by the offender does
SECTION ONE: • Not cause any of the §erious physical injuries
ROBBERY WITH VIOLENCE defined in Art. 263, or if the offender employs
AGAINST OR INTIMIDATION OF intimidation only (simple robbery) (REYES,
PERSONS Book Two, supra at841-842).

Art. 294 applies only where robbery with violence

against or intimidation of persons takes place
ARTICLE 294 without entering an inhabited house under the
ROBBERY WITH VIOLENCE AGAINST circumstances in Art. 299. When both circumstances
are present, the offense shall be considered as a
OR INTIMIDATION OF PERSONS COIT)plexcrime under Art. 48, .and the penalty shall
be for the graver offense in the maximum period
PUNISHABLE ACTS: (HRPI-UNNoS) (Napolis v. Court of Appeals, G.R. No. L- 28865,
1. When by reason or on occasion of the robbery, February 28, 1972).
the crime of .!:!omicide is committed;

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280
SPECIAL COMPLEX CRIMES
INVOLVING ROBBERY
Crimes defined under this article are the following:
1. Robbery with homicide or rape or intentional
mutilation or arson;
2. Robbery with serious physical injuries under
subdivision 1 of Art. 263;
3. Robbery with serious physical injuries under
subdivision 2 of Art. 263;
4. Robbery with unnecessary violence and
intimidation against any person not responsible
of the commission of physical injuries under
subdivisions 3 & 4 of Art. 263; and
5. Robbery with the use of violence against
intimidation of any person.
THEORY OF ABSORPTION
It is immaterial that rape, intentional mutilation, or
usurpation of authority, is committed by reason or on
the occasion of robbery aside from that of homicide,
the felony would still be robbery with ho,micide. All
the felonies committed by reason of or on the
occasion of the robbery are integrated into one and
indivisible felony of robbery with homicide (People v.
Madrelejos, G.R. No. 225328, March 2,1,2018 citing
People v. Ebet, G.R. No. 181635, November 15,
2010).
"On the occasion" and "by reason" of the robbery
mean that the homicide or .serious physical injuries
defined under Art. 263 must be committed in the
course or because of the robbery (REYES, Book
Two, supra at 842). ·
ROBBERY WITH HOMICIDE
. The term "homicide" is used in its generic sense and
includes any- kind of killing, whether parricide or
murder or where several persons are killedand the
name of this special complex crime shall remain as
robbery with homicide. The qualifying circumstance
(e.g. treachery in murder) will only become an
aggravating circumstance (REYES, Book Two,
supra at 845-846):
The special complex crime does not limit the
homicide to one victim as to make the killings in
excess of that number punishable as a separate
offense. All the homicides are merged in the
composite, integrated whole that is robbery with
. homicide so long as all the killings were perpetrated
by reason or on the occasion of the robbery (People
v. Fabula, G.R. No. 115401, December 16, 1996)).
Where the offender's intention to take personal
property of the victim arises as an afterthought,
where his original intent was to kill, he is guilty of
two separate crimes of homicide or murder, as the
case may be, and theft (People v. Salazar, G.R. No.
99355, August 11, 1997).
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HOMICIDE MAY PRECEDE ROBBERY
OR MAY OCCUR AFTER ROBBERY,
What is essential in robbery with homicide is that
there be a direct relation and intimate connection
between robbery and killing, whether both crimes be
committed at the same time (People v. Torres, G.R.
No. 130661: June 27, 2001). Provided, the taking is
not merely an afterthought (People v. Pacapac, G.R.
No. 111124, June 20, 1996).
The phrase "by reason" covers homicide committed
before or after the taking of personal property of
another, as long as the motive of the offender in
killing is to deprive the victim of his personal property
which is sought to be accomplished by eliminating
an obstacle, killing a person after robbery to do away
with a witness or to defend the possession of the
stolen property (People v. Torres, G.R. No. 130661,
June 27, 2001). So long as the homicide was
committed by reas·on of or on the occasion of the
robbery, the offense committed is special complex
crime of ;robbary with homicide (People v. Palema,
G.R. No. 228000, July 10, 2019).
There is robbery with homicide even if the person
killed was a bystande~ and not the person robbed or
even if he/she was one of the offenders. The law
does not require that the victim of the robbery be
also the victim of homicide (People v. Barut, G.R.
No. L-42666, March 13, 1979). Also, it is immaterial
that two or more persons are killed, the felony would
·· still be robbery with homicide (People vs. De Leon,
GR No: 179943, June 26, 2009).
Robbery with homicide exists even if the death of the
victim supervened by mere accident. It is sufficient
that a homicide resulted by reason or on the
occasion of the robbery (People v. Mangulabnan,
G.R. No. L-8919, September 28, 1956).
When homicide is com_mittedby reason or on the •
occasion of the robbery, all those who took part as
principals in the robbery would also be held liable as
principals of the single and indivisible felony of
robbery with homicide although they did not actually
take part in the killing, unless it clearly appears that
they endeavored to prevent the same (People v.
Hernandez, G.R. No. 139697, June 15, 2004).
ROBBERY WITH. RAPE
In robbery with rape, the law uses the phrase "when
the robbery shall have been accompanied by rape".
But like in robbery with homicide, the offender must
have the intent to take the personal property
belonging to another with intent to gain, and such
intent must precede the rape (People v. Clidoro,
G.R. No. 143004,Aprll9, 2003).
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NOTE: The special complex crime covers cases of
multiple rapes. All rapes are merged in the
composite, integrated whol~ that is robbery with rape
and it does ·not matter whether the rape occurred
-before, during, or after the robbery (People v.
Seguis, G.R. No., 135034, January 18, 2001).
Neither shall the additional rape/s or homicide/s be
considered aggravating. Unless and until a law is
passed providing that the additional rape/s (or
homicide/s) may be considered aggravating, the
Court must construe the penal law in favor of the
9ffender as no person may be brought within its
terms if he is not clearly made so by the statute ·
(People v. Sultan, G.R. No. 132470, April 27, 2000).
Robbery with rape does not cover robbery with
attempted rape since what is provided by the RPC is
a special complex crime of robbery with rape.
Robbery with attempted rape cannot be complexed
under Art. 48 since one crime is not a necessary
means of committing the other nor can both be the
result of a single act (REYES,· Book Two, supra at
854).
If rape was the primary objective of the accused, and
his taking of the jewels of the victim was not with
intent to gain but just to have some tokens of her
supposed consent to the coition, the accused
committed two distinct crimes of rape and unjust
vexation (Id. supra at 856-857).
All the robbers may be held liable for robbery with
rape even if not all of them committed the crime of
rape based on the concept of conspiracy (People v.
Balacanao, G.R. No. 118133, February 28, 2003).
The crime is still robbery with rape even if the victim
of the rape committed by the accused was a memoer
of the gang of robbers. Art. 294 states "any person"
(RPG, Art. 294, Par. 1).
ROBBERY, HOMICIDE, AND RAPE;
WHEN COMPLEXED
Act Crime Committed
If victim is raped, then 1. Rape with Homicide;
killed, then the place is and
robbed with force upon 2. Theft if no force upon
things. things
If victim is robbed, then Robbery with Homicide
raped, then killed. and Rape is absorbed
If victim is raped, then Robbery with Homicide
robbed, then killed. and Rape is absorbed
(BOADO, supra at 852).
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ROBBERY-WIT~ ARSON
In the case of robbery with arson, it is essential that
the robbery precedes the arson. There must be an
intent to commit robbery and no killing, rape or
intentional mutilation should be committed in the
course of the robbery, or else, arson will only be
considered an aggravating circumstance of the
crime actually committed (BOADO, supra at 853).
ROBBERY WITH SERIOUS PHYSICAL
INJURIES
To be considered as robbery with physical injuries,
the injuries inflicted must be serious; otherwise, they
shall be absorbed in the robbery. However, if the
less serious · or slight physical injuries were
committed after the robbery was consummated, that
would constitute a separate offense (REYES, Book
Two, supra at 859).
Pars. 2 (when by reason or on occasion of such
robbery, any of the physical injuries penalized in
subdivision 1 of Art. 263 shall have been inflicted)
and 3 (when by reason or on occasion of such
r<j,f}_bery, an~.,of the physical injuries penalized in
.:.;:;il/iili!liv~ion}~"'.t>f
Art. 263 shall have been inflicted) of
. this arffct@?M;o apply even when the serious physical
injuries refert~ to therein are inflicted upon a co-
robber (BOADO, supra at 854). • ,
But not if under Paragraph 4 (if the violence or
intimidation (lmpldyed in the commission of the
robb n carried to a degree clearly
unnece commission of the crime, or
when in the course of its execution, the offender
have inflicted upon any person not responsible
commission any of the physical injuries
,~,--edve sub. 3 and 4 of Art. 263) because if the
persons injured are the robbers themselves, there is
no robbery with physical injuries (Id.).
Under the 4th act punishable, clause A, the violence
need not result in serious physical injuries. The first
clause in Art. 294, Par. 4 requires only that the
violence be unnecessary for the commission of the
crime (REYES, Book Two, supra at 707).
SIMPLE ROBBERY
Par. 5 is known as simple robbery because they only
involve slight or less serious physical injuries, which
are absorbed in the crime of robbery as_an element
thereof (REYES, Book Two, supra at 858).
Violence or intimidation may enter at any time before
the owner is finally deprived of his property. This is
so because asportation is a complex fact, a whole
divisible into parts, a.series of acts, in the course of
which personal violence or intimidation may be
injected (Id. at 860).
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CRIMINALLAWII
Criminal Law

THREATS TO EXTORT MONEY AND ROBBERY IIRtBERY' ' 0

ROBBERY THROUGH INTIMIDATION, (Ans. 293 & 294) · (Arts. 21Jl~211-~)

DISTINGUISH.ED " ,;, 1 ~ • ""'

, , As,m &;.~ of Pro~m ,,•

. ~ '" ],

The victim is deprived of He parts with his

his money, property by money, in a sense,
force or intimidation. voluntarily.
(Id. at 864).

or future. and immediate. ARTICLE 295

ROBBERY WITH PHYSICAL INJURIES,
As to How lmtim.idalonis Done
COMMITTED IN AN UNINHABITED
Intimidation may be Intimidation is PLACE AND BY A BAND OR WITH THE
through an intermediary. personal. USE OF FIREARM ON A STREET, ROAD
As to What th&Intimidation is Directed OR ALLEY
'
Intimidation may refer to Intimidation is QUALIFIED ROBBERY WITH VIOLENCE
person, honor or property directed only to the AGAINST OR INTIMIDATION OF
of the offended party or of person of the victim.
his family.
PERSONS: (U-BAE:F)
Nos. 3, 4, and 5 of Art. 294 if committed:
As to tl'ie culprit's gain 1. In an !!ninhabited place (despoblado);
2. By a .§.and(en cuadrilla);
The gain of the culprit is The gain of the culprit 3. By ~ttacking a moving train, 'streetcar, motor
not immediate. is immediate. vehicle, or airship;
4. By fntering the passengers' compartments in a
(Id. at 862-863).
train, or in any manner taking the passengers by
surprise in their respective conveyances; or
ROBBERY WITH VIOLENCE AND 5. On a street, road, highway, or alley, and the
GRAVE COERCION, DISTINGUISHED intimidation is made with use of firearms, the
offender shall be , punished by' the maximum
ROBBERY WITH GRAVE COERCION period or the proper penalties prescribed in Art.
VIOLENCE (Art 286) 294 (Id. at 865-866).
(Art. 294) .

In both crimes, there is violence used, by the This article provides for five special aggravating
offender. circumstances which, because they impose the
penalty in the maximum period and cannot be offset
With intent to gain. INo intent to gain. by a generic mitigating circumstance, are also
considered as qualifying circumstances (Id. at 866).
(Id. at 863).
This article does not apply to robbery with homicide,
ROBBERY AND BRIBERY, with rape, or with serious physical injuries under Par.
DISTINGUISHED 1 of Art. 263 (JdJ
ROBBERY BRIBERY'
(Arts. 293 & 294) (Arts. 210-211-A) ARTICLE 296
DEFINITION OF A BAND AND PENAL TY
As to How Committed INCURRED BY THE MEMBERS
It is robbery when the It is bribery when the THEREOF
victim did not commit a victim has committed a
crime and he is crime and gives money OUTLINE:
intimidated with arrest or gift to avoid arrest or 1. When at least four armed malefactors take part
and/or prosecution to prosecution. in the commission of a robbery, it is deemed
deprive him of his committed by a band.
personal property. 2. When any of the arms used in the commission
of robbery is not licensed, the penalty upon all
malefactors shall be the maximum of the

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ff F \ /
MEM:Q~YAID
San Bada University College of Law • RGCT BIJr Operations Center

corresponding penalty provided by law without ARTICLE 297

prejudice to the criminal liability for illegal ATTEMPTED AND FRUSTRATED
possession of firearms.
3. Any member of a band who was present at the ROBBERY COMMITTED UNDER
commission of a robbery by the band, shall be CERTAIN CIRCUMSTANCES
punished as principal of any assaults committed
by the band, unless it be shown that he SPECIAL COMPLEX CRIME OF
attempted to prevent the same (Id. at 868). ATTEMPTED OR FRUSTRATED
Art. 296, like Art. 295, applies only to robbery
ROBBERY WITH HOMICIDE
under pars. 3, 4, and 5 of Art. 294, and not to When by reason or on occasion of an attempted or
robbery with homicide, 'rape, intentional mutilation, frustrated robbery, a homicide is committed.
arson or the physical injuries in Par. 1 of Art. 263
(REGALADO, supra at 672). "Homicide" under this article is also used in its
generic sense. It includes any other unlawful killing.
NO SUCH CRIMI; AS ROBBERY WITH However, if the killing legally constituted murder or
parricide, the offense will continue to be covered by
HOMICIDE IN BAND Art. 297 with the technical name stated therein, but
If robbery with homicide is committed by a band, the the penalty shall be for murder or parricide because
indictable offense would still be denominated as Art. 297 states, "unless the homicide (killing)
"robbery with homicide" under Art. 294(1 ), but the committed shall deserve a higher penalty under this
element of band, as stated above, would be Code." (Id. at 875).
appreciated as an ordinary .
aggravating circumstance (People v. Apduhan, Jr., The penalty is the same whether the robbery is
G.R. No. L-19491, August 30, 1968). attempted or frustrated (Id.) ..
. ' .
Under Sec. 29 of R.A. No. 10591, amending P.O. If homicide· is not consummated, the crimes of
No. 1866 and R.A. No. 8294, the use of a loose robbery and att~mpted or frustrated homicide:
firearm, when inherent in the commission of a crime 1. May be.complexed (Art. 48);
punishable under the RPC or other special laws, 2. Considered as separate crimes; or
shall now be considered as an aggravating 3. Considered as one crime, or-ie absorbing the
circumstance. other.

Use of unlicensed firearm by a ban_d in the IF 'PMYSI.CAL INJURIES WERE

commission of robbery with physical injuries cannot
be offset by a generic mitigating circumstance
INFLICTED ON THE VICTIM, BUT NO
(REYES, Book Two, supra at 874). ~l"cENTTO KILL WAS PROVED AND
,;t:;?ItVlCTIMDID NOT DIE, THE
In a robbery by a band, all members are liable for LIABILITY OF THE OFFENDER MAY BE
any assault committed by the band, unless the AS FOLLOWS:
others attempted to prevent the assault (REYES,
Book Two, supra at 877). 1. If the physical injuries were by reason of the
attempted or frustrated robbery as the means for
the commission of the latter, the injuries are
REQUISITES FOR LIABILITY FOR THE absorbed by the latter and the crime shall only
ACTS OF OTHER MEMBERS OF THE be attempted or frustrated robbery.
BAND: (MPANo) 2. If the physical injuries were inflicted only on the
1. He was a Member of the_band; occasion of the aborted robbery but not
2. He was fresent at the commission of a robbery employed ·as a means of committing the latter,
by that band; these will be separate crimes of attempted or
3. The other members of that band committed an frustrated robbery and physical injuries.
Assault; and 3. If both killing and physical injuries were
4. The did Not attempt to prevent the assault committed on that occasion, the crime will be
(REYES, Book Two, supra at 868)- penalized in accordance with Art. 297 but the
physical injuries will be absorbed (REYES,
Proof of conspiracy is not necessary when four or Book Two, supra at 877-878).
more armed persons committed robbery (REYES,
Book Two, supra at 871).

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284 - CRIMINAL LAW II

Criminal Law

WHEN THE OFFENSE COMMITTED IS d. By using any fictitious tfame or pretending

EITHER THE COMPLEX CRIME OF
ATTEMPTED OR FRUSTRATED
ROBBERY WITH SERIOUS PHYSICAL
INJURIES, ART. 48 IS APPLICABLE
Since the felony would fall neither under Art. 294
which covers consummated robbery with homicide
nor under Art. 297 which covers attempted . or
frustrated robbery with homicide. However, for Art.
48 to apply, serious physical injuries must be
employed as a necessary means of committing
robbery (REYES, Book Two, supra at 877).
ARTICLE 298
EXECUTION OF DEEOS BY MEANS OF
VIOLENCE OR INTIMIDATION
the exercise of public authority; and
3. Once inside the building, the offender took
personal property belonging to another with
!ntent to gain (Id. at 882).
The accused should enter the buildin·g
One essential requisite of robbery with force upon
things under Arts. 299 and 302 is that the malefactor
should_enter the building or dependency where the
object to be taken is found. If the culprit did not enter
the building, there would be no robbery with force
upon things. The crime is only theft (People v.
Jaranil/a, G.R. No. L-28547, February 22, 1974).
The whole body must be inside because entering
denotes that the entire body must have gone inside
(BOADO, supra at 863).

ELEMENTS: (lnCoV) The. complex crime of robbery in an inhabited house

1. The offender has Intent to defraud aootfier· by arrned persons and robbery with violence against
2. The offender Compels him to sign~·execute, or or.intimidation of persons was committed when the
deliver any public instrument Of document; and accused, who held firearms, entered the residential
3. The compulsion is by meoo·s 9f YJ\:)tence,_QJ house of the victims and inflicted injury upon the
intimidation (REYES, Book Two, supra at 878). victims._in the process of committing the robbery
(Fransdil/a v. People, G.R. No. 197562, April 20,
2015). - ' .
Art. 298 applies even if the document' signed,
executed or delivered is, a puplic, private or
commercial document; however: it.is not applicable Where the accused forced open the door without
if the document is void (Id. at 879). breaking it, and there~fter personal property was
·taken from inside the hduse, the crime committed is
theft not robbecy (People v. Fernandez, G.R. No.
39408, Octobe[ :11,"1'933).
- SECTION TWO, , 1
Any.ofthe fo~ mean~ described in subdivision (a) of
ROBBERY BY THE USE OF FORCE' I
Art. 299 must be re~rted to by the offender to enter
UPON THINGS - a house. not to ge.tbut (REYES, Book Two, supra at
,_ ---
',

81}~);
,,1'"

ARTICLE 299
Thewa11Jiirbkenmust be an outside wall, not a wall
betwetfn rooms in a house or building, because the
ROBBERY IN AN INHABITED breaking of a wall must be for the purpose of
HOUSE/PUBLIC BUILDING OR EDIFICE entering (Id. at 886).
DEVOTED TO WORSHIP
But if a room is occupied by a person as his separate
dwelling, the breaking of the room's wall may give
ELEMENTS (SUBDIVISION A): (E-E-1) rise to robbery (Id.).
1. The offender 5ntered: (IPE)
a. An !nhabited house; False Keys
b. A fublic building; or It includes genujne keys stolen from the owner or
c. An 5difice devoted to religious worship; any keys other than those intended by the owner for
2. The entrance was 5ffected by any of the use in the lock forcibly opened by the offender (RPG,
following means: (OBFN) Art. 305).
a. Through an Opening not intended for
entrance or egress; Also includes picklock or similar tools, or stolen key.
b. By §,reaking any wall, roof, floor, door, or Using a false key to enter the building is an element
window; of robbery by using force upon thing under Article
c. By using Ealse keys, picklocks or similar 299 or 302 (II CAMPANILLA, Reviewer, supra at
tools; 530).

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MEK✓Q~Y AID
Sen Seda UniversityCollege of Law - RGCTBar Operations Center
NOTE: The genuine key must be stolen, not taken
by force or with intimidation from the owner
otherwise the crime may be of robbery with
intimidation of person under Art. 294, Par. 5
(REYES, Book Two, at 887).
Picklock or Similar Tools
Those specially adopted to the commission of
robbery (RPG, Art. 304).
The false key or picklock must be used for entering
the house or building (U.S. v. Macamay, G.R. No.
11952, September 25, 1917).
NOTE: Where the accused broke the show-window
of a bazaar and removed forty watches therefrom,
the crime was not robbery because he did not enter
the building. The show-window was outside the store
(BOADO, supra at 867). •
ELEMENTS (SUBDIVISION B): (IG)
1. The offender is Inside a dwelling house, public
building or edific-e devoted to religious worship,
regardless of the circumstances under which he
entered it; and ' ANQ THEIR DEPENDENCIES
2. The offender takes personal property belonging
to another with intent to Gain under a_nyof the
following circumstances: (BT)
a. By the _!;!reaking of internal doors,
wardrobes, chests, or any other kind of
locked or sealed furniture or receptacle; or .
NOTE: The term door under this sobdiviskm
refers only to doors, lids or opening sheets
of furniture or other portable receptacles -
not to inside doors of house or building.
b. By Iaking such furniture or objeGts away10
be broken open outside the pfa~ c:>fthe
robbery (REYES, Book Two, supttf"af734-
888).
It is estafa or theft, if the locked or sealed receptacle
is not forced open in the building where it is kept or
taken therefrom to be broken outside (Id. at 890).
Entrance into the building by any means mentioned
in subdivision (a) of Art. 299 is not required in
robbery under subdivision (b) of the same article
(REYES, Book Two, supra at 889).
Art. 294 applies only where robbery with violence
against or intimidation of person takes place without
entering an inhabited house, under the conditions
set forth in Art. 299. When the elements of both
provisions are present, the crime is a complex one,
calling for the imposition - as provided in Art. 48 of
said Code - of the penalty for the most serious
offense, in its maximum period (Napolis v. Court of
Appeals, G.R. No. L-28865, February 28, 1972).
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ARTICLE 300
ROBBERY IN AN UNINHABITED ·
PLACE AND BY A BAND
Under this Article, robbery with force upon things is
qualified when committed in an uninhabited place
AND by a band, as distinguished from qualified
robbery with violence or intimidation of persons (Art.
295) which is committed in an uninhabited place OR
by a band.
UNINHABITED PLACE ,
An uninhabited place is one where there are no
houses at all, a place at a considerable distance
from the town, or where the houses are scattered at
a great distance from each other (People v. Asibar,
G.R. No. L-37255, October 23, 1982).
ARTICLE 301
WHAT IS AN INHABITED HOUSE,
PUBLIC BUILDING OR BUILDING
DEDICATED TO RELIGIOUS WORSHIP
_HOUSE
It means any shelter, ship, or vessel constituting the
dwelling ofor,e 9r more persons, even though the
inhabitants tberepf shall temporarily be absent
therefrorp when th~ robbery is committed (RPG, Art.
301, ~ .
OF AN INHABITED
PUBLIC BUILDING OR
DEDICATED TO RELIGIOUS
All interior courts, corrals, warehouses, granaries,
barns, coach'houses, stables, or other departments
or enclosed places:
1. Contiguous to the building or edifice;
2. Having an interior entrance connected
therewith; and
3. Which form part of the whole (REYES, Book
Two, supra at 892).
Orchards and other lands used for cultivation or
production are not included in the term
"dependencies," even if closed, contiguous to the
building and having direct connection therewith
(RPG, Art. 301, Par. 3).
PUBLIC BUILDING
It includes every building owned by the Government
or belonging to a private person, used or rented by
the Government, although temporarily unoccupied
by the same (RPG, Art. 301, Par. 4).
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ARTICLE 302
ROBBERY IN AN UNINHABITED PLACE
OR IN A PRIVATE BUILDING
ELEMENTS: (E- OBUBR-T)
1. The offender gntered an uninhabited place or a
building which was not a dwelling house, not a
public building, or not an edifice devoted to
religious worship;
2. Any of the following circumstances was present:
a. The entrance was effected through an
Qpening not, intended for entrance or
egress;
b. A wall, roof, floor, or outside door or window
was .§.roken;
c. The entrance was effected through the !,!se
of false keys, picklocks, or other similar
tools;
d. A door, wardrobe, chest, or any sealed or
closed furniture or receptacle was ~roken;
or
e. A closed or sealed receptacle was
Removed, even if the same be broken open
elsewhere; and • similar tools;
3. With intent to gain, the offender Iook therefrom
personal property belonging to another (REYES,
Book Two, supra at 896).
The only difference between Arts; 299 ar\d 302 is
that the use of a fictitious· name or simulation of
public authority can be used only in Art. 299 which
refers to inhabited buildings, and not in Art. 302
which involves uninhabited or other places.
Under Art. 299, the receptacle must be locked or
sealed. Under Art. 302, the receptacle must be
closed or sealed. Thus, if the receptacle was merely
closed but was opened without breaking the same,
the crime is theft (AMURAO, Book Two, Part Two,
supra at 409).
While Art. 302 provides for robbery in an
"uninhabited place," it actually means an
uninhabited house.
When the property taken is a mail matter during any
of the robberies defined in Arts. 294, 295, 297, 299,
300 and 302, the penalties next higher than those
provided in said articles shall be imposed (RPG, Art.
302, Last Par.).
BUILDING
Any kind of structure used for storage or safekeeping
of personal property (U.S. v. Magsino, G.R. No.
1339, N9vember 28, 1903).
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CRIMINAL LAW II
Criminal Law
ARTICLE 303
ROBBERY OF CEREALS, FRUITS, OR
FIREWOOD IN AN UNINHABITED
PLACE OR PRIVATE BUILDING
Penalty is one (1) degree lower when cereals, fruits,
or firewood are taken in robbery with force upon
. things.
Cereals
Seedlings which are the immediate product of the
soil (REYES, Book Two, supra at 901-902).
The palay must be kept by the owner as "seedling"
or taken for that purpose by the robbers (Id.).
ARTICLE 304
POSSESSION OF PICKLOCKS
OR SIMILAR TOOLS
·ELEMENTS: (PANot)
1. The offender has in his possession ficklocks or
2. Such picklocks or similar tools are specially
Adopted to the_commission of robbery; and
3. The offender does Not have lawful cause for
such possession (Id. at 903).
Actual use of pickiocks or similar tools is not
necessary in illegal possession thereof (Id.)
If the person who makes such tools.is a locksmith,
the. penalty i.shigher {fd.}.
Possession of picklotk or stolen key is punishable
under Article 304. However, possession of stolen
·key is not. punishable under Article 304 (II
CAMPANfLLA, Reviewer, supra at 530).
ARTICLE 305
FALSE KEYS
INCLUSIONS: (GOT}
1. Genuine keys stolen from the owner; and
2. Any keys Other than .those intended by the
owner for use in the lock forcibly opened by the
offender; and ·
3. Iools mentioned in the next preceding article.
A master key is a picklock and its possession is
punishable (People v. Lopez, G.R. No. L-18766,
May 20, 1965).
A lost or misplaced key found by another and not
returned to its rightful owner is considered as a false
key stolen from the owner (REGALADO, supra at
683).
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a ' '
MEM:Q~YAID
San Beda Univers1ty College of Law - RGCT Bar .Operations Center

CHAPTER 1WO: ARTICLE 306

BRIGANDAGE
(ARTS. 306-307)
PRESIDENTIAL DECREE NO. 532
(MODIFIED ARTS. ·306 & 307)
Approved: August 8, 1974
PHILIPPINE HIGHWAY
Refers to any road, street, passage, highway and
bridges or other parts thereof, or railway or railroad
within the Philippines used by persons, or vehicles,
or locomotives or trains for the movement or
circulation of persons or transportation of goods,
articles, or property or both (Sec. 2(c)).
HIGHWAY ROBBERY/BRIGANDAGE
The seizure of any person for ransom, extortion or
for other unlawful purposes, or the taking away of the
property of another by means of violence against or
the intimidation of persons or force upon things or
other unlawful means, committed by any person on
any Philippine highway (Sec. 2). .
ELEMENTS: (HIV}
1. The robbery should take place along the
Philippine .t!ighway;
2. rhe act of robbery must be Indiscriminate. It
should not be an isolated case; and
3. The Y.ictim was not predetermined. The robbery
must be directed not only against specific,
intended or perceived victims, but against any
and all prospective victims (Abay,, Jr. v. People,
G.R. No. 165896, September 19, 2008).
ACCOMPLICE: (APA}
Any person who Aids or f.rotects highway robbers or
Abets the commission of highway robbery or
brigandage (Sec. 4).
OBJECT OF THE DECREE
To deter and punish lawless elements who commit
acts of depredation upon persons and properties of
innocent and defenseless inhabitants who travel
from one P.lace to another thereby disturbing the
peace and tranquility of the nation and stunting the
economic and social progress of the people (People
v. Pu/usan, G.R. No. 110037, May 21, 1998).
BRIGANDAGE
BRIGANDAGE
It is a crime committed by more than ·three armed
persons who form a band of robbers for the purpose
of committing robbery in the highway, or k.idnapping
persons for the purpose of extortion, or to obtain
ransom, or for any other purpose to be attained by
means of force and violence (REYES, Book Two,
supra at 905). ·
ELEMENTS: {FB-P}
1. There must be at least Eour armed persons;
2. They formed a ~and of robbers; and
3. The f.urpose is any of the following: (CKiA)
a. To fommit robbery in a highway;
b. To Kidnap persons for the purpose of
extortion or to obtain ransom; or
c. To Attain by means of force and violence
any other purpose (REYES, Book Two,
supra at 906).
PRE8UMi>Tl0N OF LAW AS TO
, ,fA
•
BRIGANDAGE
If any of the arms carried by any of the said persons
be an unlicensed firearm, all are presumed highway
' robbers Qr brigands (REYES, Book Two, supra at
906-907).
Brigandage may be committed without the use of
firearms. The term "armed" covers arms and
weapons in general, not necessarily firearms
(~Xi;6, Book Two, supra at 907).
,, ,: ',"'t\,J<:_-:,,,'~,
THE ONLY THINGS TO PROVE ARE: .
1. There is an organization of more than three
armed persons forming a band of robbers;
2. The purpose of the band is any of those
enumerated in Art. 306;
3. They went upon the highway or roamed upon
the country for that purpose; and
4. The accused is a member of such band (Id.).

A conviction for highway robbery under this decree

requires proof that the accused were organized for
the purpose of committing robbery indiscriminately
(People v. Pulusan, G.R. No. 110037, May 21,
1998).

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CRIMINALLAW II
Criminal Law

HIGHWAY ROBBERY UNDERP.D. NO. BRIGANDAGE ROBBERY IN BAND

532 AND BRIGANDAGE UNDER THE (Art. 306) (Art. 296)
RPC, DISTINGUISHED ,
The purpose is to: The purpose is to
ROBBERY IN A 1. Commit robbery in commit robbery, but not
HIGHWAY ROBBERY HIGHWAY highways; necessarily in
(P.D. No. 532) BRIGANDAGE 2. To kidnap persons highways.
(RPC, Art. 306) for ransom; or
3. Any other purpose
As to Conspiracy Among the Members
attained by force
Mere conspiracy to Mere formation. of a and violence.
constitute the offense band for any purpose
As to Agreement
of brigandage is not indicated in the law is
punishable since it punishable. Agreement is to commit Agreement is to commit
presupposes that acts several robberies. a particular robbery.
defined. ·are actually
committed. As to Act Punished

As to Formation of a Band Mere formation for any Actual commission of

of the above purposes is robbery is necessary,
Offenders need not Offenders must be a punistied. as mere conspiracy to
constitute a band. One band of robbers (i:e., commit robbery is not
person can commit the there are more than punishable.
crime. three malefactors).
(REYES, Book Two, supra at 753).
As to the Victim
. ARTICLE 307
Anybody could be the There is a preconceived AIDING AND ABETTING A BAND OF
victim. vit:tim.
BRIGANDS
As to Number of Times Robbery was ELEMENTS: (BOK)
Committed 1. There is a Band of brigands;
2. The Offender does any of the following acts:
It must not be an It is immaterial that the a. He aids, abets, or protects such band of
isolated case of robbery was committed brigands;
robbery. for the first time b. He gives them information ·on the
movements of the police or other peace
As to Accomplices officers of the government; or
c. He acquires or receives property taken by
Those who abet Those who profit from
such brigands; and
brigandage are the loot are liabte urrder
3. The offender ~nows the band to be of brigands
accomplices under Art. 307 or for fencing.
(REYES, Book Two, supra at 909).
Sec. 4.
(BOADO, supra at 872). It shall be presumed that the person performing any
of the acts provided in this article has performed
BRIGANDAGE AND ROBBERY IN them knowingly, unless the contrary is proven (RPG,
BAND, DISTINGUISHED Art. 307, Par. 2).

BRIGANDAGE ROBBERY IN BAND

(Art. 306) (Art. 296)

Both crimes require that the offenders form a band

CHAPTER THREE:
of robbers. THEFT
As to Purpose
(ARTS. 308-311)

ARTICLE 308
WHO ARE LIABLE FOR THEFT

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THEFT
Committed by any person who, with intent to gain but
without violence or intimidatiori,of persons nor force
upon things, shall take the personal property of
another without the latter's consent (RPG, 'Art. 308,
Par. 1).
ELEMENTS: (TAIWA)
1. There be Iaking of personal property;
2. Such property belongs to Another;
3. The taking be done with !ntent to gain;
NOTE: Gain means not only the acquisition of a
thing useful to the purpose of life but also the
benefit which in any other use may be derived or
expected from the act which is performed
(REYES, Book Two, supra at 913).
4. The taking be done Without the consent of the
owner; and
5. The taking be Accomplished without the use of
violence against or intimidation of persons or.
force upon things (REYES, Book Two, supra at
913-914).
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THEFT AND ROBBERY,
DISTINGUISHED
THEFT ROBBERY
(Art. 308) (Art. 293-294)
As to Presence of Violence
The offender does not use There is violence or
violence or intimidation or intimidation or force
does not enter a house or upon things.
building through any of the
means specified in Art. 299 or
Art, 302 in taking personal
property of another with intent
to gain.
As to Consent of the Owner
It suffices that consent on the It is necessary that the
part of the owner is lacking. taking is against the will
of the owner.
(REYES, Book Two, supra at 913-914).
IT IS NECESSARY TO PROVE:
1. The time of the seizure of the thing;
2. It was a lost property belonging to another; and
3. The accused having had the opportunity to
return or deliver the lost property to its owner or
to the local authorities, refrained from doing so
(REYES, Book Two, supra at 930). ·
The term "lost property" embraces loss by stealing
(People v. Rodrigo, G.R. No. L-18507, March 31,
1966).
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The finder in law can also be held liable for theft
under this paragraph (U.S. v. Santiago, G.R. No. L-
9375, August 7, 1914).
THEFT IS LIKEWISE COMMITTED BY:
1. Any person who, having found lost property,
shall fail. to deliver the same to the local
authorities or to its owner;
2. Any person who, after having maliciously
damaged the property of another, shall remove
or make use of the fruits or object of the damage
caused by him; and
3. Any person who shall enter an enclosed estate
or a field where trespass is forbidden or which
belongs to another and without the consent of its
owner; shaH hunt or fish upon the same or shall
gather fruits, cereals, or other forest or farm
products (RPG, Art. 308, Par. 1-3).
ELEMENTS: (EEHW)
a. There is an 5nclosed estate or a field where
tr,espass is forbidden or which belongs to
another;
b." The offender 5nters the same;
<:~,;~ Th
1 ,,
ender ,tfunts or fishes upon the same
. ers fruits, cereals, or other forest or
farm'1-oducts in the estate or field; and
d. The ht.1nfing or fishing or gathering of
products is Without the consent of the owner
(REYf=S, ;/3ook Two, supra at 932).
!:Idto in this article is not fishing
fishery; otherwise it is qualified
·11.310 (Id.).
,il:>
not a continuing offense because in theft, the
;)~tffidis "shall take personal property of
another," not "shall take away such property" (Duran
v. Tan, G.R. No. L-2760, February 11, 1950).
From the moment the offender gained possession of
the thing, even if the culprit had no opportunity to
dispose of the same, the unlawful taking is complete
(People v. Salvi/la, G.R. No. 86163, April 26, 1990).
The ability of the offender to freely dispose of the
property stolen is not a constitutive element of the
crime of theft. It finds no support or extension in Art.
308, whether as a descriptive or operative element
of theft or as the mens rea or actus reus of the felony
(Valenzuela v. People, G.R. No. 160188, June 21,
2007).
Theft is not limited to an actual finder of lost property
who does not return or deposit it with the local
auth_orities but includes a policeman to whom he
entrusted it and who misappropriated the same, as
the latter is also a finder in law (People v. Avila, G.R.
No. L-19786. March 31, 1923).
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THEFT OF GAS AND ELECTRICITY
Intangible properties such as electrical energy and
gas are proper subjects of theft. Gas or electricity are
capable of appropriation by another other than the
owner (U.S. v. Carlos, G.R. No. 6295, September 1,
1911; U.S. v. Tambunting, G.R. No. 16513, January
18, 1921).
Theft of electricity is also punishable under R.A. No.
7832 or the Anti-Electricity and Electric
Transmission Lines/Materials Pilferage Act of 1994.
The business of providing telecommunication or
telephone service is personal property which can be
the object of theft under Art. 308 (Laurel v. Abrogar,
G.R. No. 155076, January 13, 2009).
Theft of water and other similar offenses are
penalized under R.A. No. 8041 or the National Water
Crisis Act of 1995.
THERE IS NO CRIME OF FRUSTRATED
THEFT
There is no language in· Art. 308 that expressly or
impliedly allows that the "free disposi\ion of the items
stolen" is in any way determinative of Whether the
crime of theft has been produced. Under the RPC,
there is no crime of frustrated theft.
Both Dino and Flores cases fail to consider that once
the offenders therein obtained possession o_verthe
stolen items, the effect of the felony tias been
produced as there has been deprivation of property.
There is consummated theft the moment there is
asportacion or unlawful taking or possessiofl of
personal property, no matter how momentary it may
be (Valenzuela v. People, G.R. No. 160188, ..June
21, 2007). . .
Joyrides or using the car of another to learn how to
drive without the consent of its owner is taking with
intent to gain (People v. Bustinera, G.R. No. 148233,
June 8, 2004).
If the teller received the money and appropriated the
same for personal gain then the felony committed is
theft and not estafa because the teller has no
juridical possession, only material. Moreover, since
the teller occupies a position of confidence, and the
bank places money in the teller's possession due to
the confidence reposed on the teller, the felony of
qualified theft would be committed (Roque v. People,
G.R. No. 138954, November 25, 2004).
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CRIMINAL LAW II
Criminal Law
ARTICLE 309
PENALTIES
BASIS OF PENAL TY IN THEFT: (SPC)
1. The value of the thing .§.tolen, and in some
cases;
2. The value and the nature of the froperty taken;
or
3. The fircumstances or causes that impelled the
culprit to commit the crime (REYES, Book Two,
supra at 938).
ARTICLE 310
QUALIFIED THEFT
THERE IS QUALIFIED THEFT IN THE
FOLLOWING INSTANCES (DoG-CoFi-
CaP):
1. Theft is committed by a Domestic servant;
2. Committed with Grave abuse of confidence;
3. 1he property stolen consists of foconuts taken
from the premises of a plantation;
4. The property stolen is fish taken from a
Fishpond or fishery;
5. Property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any
other Calamity, \'lehicular accident or civil
disturbance; or ·
6. The froperty stolen is (a) motor vehicle, (b) mail
matter or (c) large cattle (REYES, Book Two,
supra at 782).
ELEMENTS OF QUALIFIED THEFT: (TAI-
WAG)
1.There is Iaking of personal property;
.2.Said property belongs to Another;
3.Said taking be done with !ntent to gain;
4.It be done Without the owner's consent;
5.It be Accomplished without the use of violence or
intimidation against persons, or force upon
things; and
6. lt be done with Grave abuse of confidence
(People v. Puig, G.R. Nos. 173654-765, August
28, 2008).
The penalty for qualified theft is two degrees higher
than that provided in Art. 309 (RPG, Art. 310).
Theft by a domestic servant is always qualified, and
it is not necessary to show that it was committed with
grave abuse of confidence (REYES, Book Two,
supra at 941).
To constitute "grave abuse of confidence," in the
second kind of qualified theft, there must be
allegation in the information and proof of a relation,
by reason of dependence, guardianship or vigilance
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between the accused and the offended party, that
has created a high degree of confidence between
them, which the accused abused (People v. Koc
Song, G.R. No. L-45043, August 28, 1936).
REPUBLIC ACT NO. 10883
NEWANTI-CARNAPPING ACT-OF 2016
(Refer to SPL part for a detailed discussion. See
page 409)
Approved: July 17, 2016
CARNAPPING
Taking, with intent to gain, of a motor vehicle
belonging to another without the latter's_consent, or ·
by means of violence against or intimidation of
persons, or by using force upon things (Sec. 3).
MOTOR VEHICLE
Any vehicle propelled by any power other than
muscular power usi.ng the public highways, except
road rollers, trolley cars, street sweepers, sprinklers,
lawn mowers, bulldozers, graders, forklifts,
amphibian trucks, and cranes if not used on public
highways; vehicles which run only on rails or tracks;
and 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, Par. e).
If the motor vehicle was not taken by the offender but
was delivered by the owner or the possessor to the
offender, who thereafter misappropriated the same,
the crime is either qualified theft or estafa (Pideli v.
People, G.R. No. 163437, February 13, 2008).
WHEN NOT CARNAPPING
Qualified Theft only: If material
possession was given to the offender.
Estafa only: If material and juridical possession
were given to the offender. ·
IF VIOLATOR IS A PUBLIC OFFICIAL OR
EMPLOYEE
Any public official or employee who directly commits
the unlawful acts defined in this Act or is guilty of
gross negligence of duty or connives with or permits
the commission of any of the said unlawful acts shall,
in addition to the penalty prescribed in the preceding
paragraph, be dismissed from the service, and
his/her benefits forfeited and shall be permanently
disqualified from holding public office (Sec. 4).
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PRESIDENTIAL DECREE NO. 533
THE ANTI-CATTLE RUSTLING LAW OF
1974
Approved on: August 8, 1974
Effectivity Date: August 8, 1974
P.O. 533 is not a special law (BOADO, supra at 895).
From the nature of the penalty imposed which is in
terms of the classification and duration of penalties
as prescribed in the RPC, P.O. 533 shall be deemed
as an amendmeAt of the RPC (People v. Macatanda,
G.R. No. L-51368, November 6, 1981).
CATTLE RUSTLING
Taking away by any means, method or scheme,
without ttie consent of the owner/raiser, of any large
cattle whether or not for profit or gain, or whether
committed with or without violence against or
intimidation of persons or force upon things. It
includes the killing of large ca\tle or taking it as meat
or hide without the consent of the owner/raiser (Sec.
2).
~ARGE CATTLE
· Shall include1he cow, carabao, horse, mule, ass, or
other domesticated member of the bovine family.
Goats are notlarge cattle (Sec. 2).
HOMICIDE COMMITTED DURING
CATTLE RUSTl-lNG
Killing is absor~Jo cattle rustling because it is still
malum in se ~ing an amendment of Art. 310. The
crime is still cattle rustling albeit qualified cattle
flel~tling (BOADO, supra at 895).
PRESIDENTIAL DECREE NO. 534
DEFINING ILLEGAL FISHING AND
PRESCRIBING STIFFER PENAL TIES
THEREFOR
or physical Approved on: August 8, 1974
Effectivity Date: August 8, 1974
Illegal Fishing
The act of any person of catching, taking or
gathering or causing to be caught, taken or gathered
fish or fishery/aquatic products in Philippine waters
with the use of explosives, obnoxious or poisonous
substances or by the use of electricity (Sec. 2).
Dealing in Illegally Caught Fish or
Fishery/Aquatic Products
Any person who possesses or deals in, sells or in
any manner disposes of, for profit, any fish,
fishery/aquatic products which have been illegally
caught, taken or gathered shall, upon conviction, be
punished by imprisonment from 2 years to 6 years
(Sec. 4).
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292 , CRIMINAL LAW II
PRESIDENTIAL DECREE NO. 581
"HIGHGRADING" OR THEFT OF GOLD
Approved on: November 13, 1974
Effectivity Clause: This Decree shall take effect
immediately (P.O. No. 581, Sec. 5).
"HIGHGRADING" OR THEFT OF GOLD
The act of any person who, with·out the consent of
the operator of the mining claim:
1. Shall take gold-bearing ores or rocks from a
mining claim or mining camp;
2. Shall remove, collect or gather gold-bearing
ores or rocks in place;
3. Shall extract or remove the gold from such ores
or rocks; or
4. Shall prepare and treat such ores or rocks to
recover or extract the gold content thereof (Sec.
1).
Presumption: Unauthorized possession by .any
person within a mining claim or mining camp 6f gold-
bearing ores or rocks or of gold extracted or
removed from such ores or rocks shall be.prima facie
evidence that they have been stolen from the
operator of a mining claim (Sec. 2). ·
PRESIDENTIAL DECREE NO.1612.
ANTI-FENCING LAW OF 1979
(Refer to SPL for discussion. See page 420)
Approved on: March 2, 1979
Effectivity Date: March 2, 1979
FENCING: (BCD PARKS BaSDe);
The act of any person who, with inti3pttq gain for
, himself or for another, shall ~uy, B_ecelve,,P~sess,
~eep, Acquire, ~onceal, §ell, or Qispose of;or.shall
§uy !nd §ell, or in any other manner Deal any
artlcle, item, object or anything of value which he
knows, or should be known to him, to have been
derived from the proceeds of the crime of robbery or
theft (Sec. 2).
ELEMENTS:
1. The crime of robbery or theft has been
committed;
2. The accused who is not a principal or
accomplice in the commission of the crime of
robbery or theft buys, receives, possesses,
keeps, acquires, conceals, sells, or disposes of,
or shall buy and sell, or in any other manner deal
any article, item, object or anything of value
which he knows, or should be known to him, to
have been derived from the proceeds of said
crime;
3. The accused knows or should have known that
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Criminal Law
said article, item, object or anything of value has
been derived from the proceeds of theft or
robbery; and ·
4. The accused has intent to gain for himself or
another (REYES, Book Two, supra at 955).
PRESIDENTIAL DECREE NO. 401
PENALIZING THE UNAUTHORIZED
INSTALLATION OF WATER,
ELECTRICAL OR TELEPHONE
CONNECTIONS, THE USE OF
TAMPERED WATER OR ELECTRICAL
METERS, AND OTHER ACTS
Approved on: March 1, 1974
Effectivity Date: March 1, 1974
PUNISHABLE ACTS: (USP)
1. The Y.se of tampered water or electrical meters
fo steal water or electricity;
2. The §.tealing or pilfering of water and/or
electrical meters, electric and/or telephone
wires; and
3. Knowingly fossessing stolen or pilfered water
and/or electrical meters and stolen or pilfered
electric and/or telephone wires.
TtiEFT OF ELECTRICITY CAN ALSO BE
COMMITTED J:~Y ANY OF THE
FOLLOWING MEANS:
1. · Turning back·thedtals of an electric meter;
2. Fixing the electric 1J1eterin such a manner that it
wm not register the actual electric consumption;
3. Under-reading of electric consumption; and
4. Tightening screws or rotary blades to slow down
the rotation ofthe same (People v. Re/ova, GR.
No. L- 45129, March 6, 1987).
PRESIDENTIAL DECREE NO. 330
PENALIZING TIMBER SMUGGLING OR
ILLEGAL CUTTING OF LOGS FROM
PUBLIC FORESTS AND FOREST
RESERVES AS QUALIFIED THEFT
Any person, whether natural or juridical who directly
or indirectly cuts, gathers, removes, or smuggles
timber, or other forest products, either from any of
the public forest, forest reserves and other kinds of
public forest, whether under license or lease, or from
any privately owned forest land in violation of
existing laws, rules and regulations shall be guilty of
the crime of qualified theft (Sec. 1).
ARTICLE 311
THEFT OF THE PROPERTY OF THE
NATIONAL LIBRARY AND NATIONAL
MUSEUM
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Theft of property ·of National Library and Museum
has a fixed penalty regardless bf its value. But if the
crime is committed with grave abuse of confidence,
the penalty for qualified theft shall be imposed,
because Art. 311 says "unless a higher penalty
shoµld be provided under the provisions of this
Code" (REYES, Book Two, supra at 958).
CHAPTER FOUR:
USURPATION
(ARTS. 312-313)
ARTICLE 312
OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN
PROPERTY
PUNISHABLE ACTS: (TakUs)
1. Taking possession of any real property
belonging to another by means of violence
against or intimidation of persons; and
2. Usurping any real rights in property belonging to
another by means of violence against· or
intimidation of persons (REYES, Book Two,
supra at 959). _
ELEMENTS: (PAVI)
1. The offender takes fossession of any real
property or usurps any real rights in property;
2. The real property or real rights · belong to
Another; ·
3. ~iolence against or intimidation of persons is .
used by the offender in occupying real property
or usurping real property or usurping real right in
property; and ··
4. There is !ntent to gain (REYES, Book Two,
supra at 960).
There is only civil liability if there was no violence or
intimidation in taking possession (Id.).
Art. 312 does not apply when the violence or
intimidation took place subsequent to the entry into
the property. Violence or intimidation must be the
means used in occupying real property or in
usurping real rights and not in retaining possession
(REYES, Book Tvvo, supra at 961).
The crime committed is:
1. Coercion, if there is no intent gain; or
2. Malicious Mischief, if there is no violence or
intimidation used and intent to gain.
Art. 312 only provides a penalty of fine. However, the
offender shall also suffer the penalty for acts of
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violence executed by him. Art. 48 on complex crimes
does not apply (Id.). ·
Art. 312 provides a single, albeit two-tiered, penalty
consisting. of a principal penalty, which is that
incurred for the acts of violence, and an additional
penalty of fine based on the value of the gain
obtained by the accused. This is clear from the
clause "in addition to the penalty incurred for the acts
of violence executed by him" (People v. A/feche,
G.R. No. 102070, July 23, 1992).
A criminal action for usurpation of real property does
not bar a civil action for forcible entry (Id.}.
R.A. No. 947 punishes entering or. occupying of
public agricultural land including public lands
granted to private individuals (REYES, Book Two,
supra at 963).
THEFT/ROBBERY AND OCCUPATION
OF REAL PROPERTY OR USURPATION
OF RE~L RIGHTS IN PROPERTY,
DISTINGUISHED
There is taking or There is occupation or
asportation. usurpation.
(Id.).
REPUBLIC ACT NO. 7279
URBAN DEVELOPMENT AND HOUSING
ACT OF 1992
Approved on: March 24, 1992
Effectivity Date: March 29, 1992
PROFESSIONAL SQUATTERS (CAI):
1. Individuals or groups who occupy lands without
the express ~onsent of the landowner and who
have sufficient income for legitimate housing;
2. Persons who have previously been Awarded
home lots or housing units by the Government
but who sold, leased or transferred the same to
settle illegally in the same place or in another
urban area; and
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3. Non-bona fide occupants and !ntruders of lands
reserved for socialized hollsing (Sec. 3, Par. m).
Any person or group identified as professional
squatters and squatting syndicates shall be
summarily evicted and their dwellings or structures
demolished, and shall be disqualified to avail of the
· benefits of the Urban Development and Housing
Program in addition to the penalties of imprisonment
or fine or both (Sec. 27, Par. 2).
ARTICLE 313
ALTERING BOUNDARIES OR
LANDMARKS
ELEMENTS: (BoA)
1. There be Boundary marks or monuments of
towns, provinces, or estates, or any other marks
intended to designate the boundaries of the·
same; and·
2. The offender Alters said boundary marks (Id. at
804).
Altering
It is understood in its general andindefjnite meaning.
Any alteration is enough to constitute the material
element of the crime. Intent to gain or-intent to
defraud is not necessary (Id.).
CHAPTER FIVE:
CULPABLE INSOLVENCY·
(ART. 314)
ARTICLE 314
FRAUDULENT INSOLVENCY
ELEMENTS: (OAP)
1. The offender is a Qebtor, that is, he has
obligations due and demandable;
2. He Absconds with his property; and
3. There be frejudice to his creditors (Id. at 805).
Creditors are prejudiced when the offender
transferred or disposed his properties to place them
beyond th~ reach of his creditors resulting to the
non-enforcement of the writ of execution issued
against the offender (Dee v People, G.R. No.
136785, September 27, 2000).
Actual prejudice is required. Fraudulent
concealment of property is not sufficient if the
creditor has some other property with which to
satisfy his obligation (People v. Sy Gesiong, G.R.
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CRIMINAL LAW II·
Criminal Law
No. 38618, September 15, 1933).
Real property may be the subject matter of
fraudulent insolvency (People v. Chong . Chuy
Limgobo, G.R. No. 20995, October 30, 1923).
Unlike in the Insolvency Law (Act. No. 1956), Art.
314 does not require for its application that the
criminal act should have been committed after the
institution of insolvency proceedings (REYES, Book
Two, supra at 966).
It is not necessary that the defendant should have
been adjudged bankrupt or insolvent (Id.).
CHAPTER SIX:
SWINDLING AND OTHER
DECEITS
(ARTS. 315-318)
ARTICLE 315
SWINDLING/EST AFA
ELEMENTS IN GENERAL (DeED):
1. The accused Defrauded another by abuse of
confidence, or by fT!eans of deceit; and
2. Damage or prej(!dice capable of pecuniary
gstimation is caused to the offended party or
third persons (Id. at 809).
3. Qamage or prejudice may consist of: (MoPT)
a. .The offended party being deprived of his
M.g_ney.or property as a result of the
defraudation;
b. Disturbance in froperty rights; or
c. Iemporary prejudice (Nagrampa v. People,
G.R. No. 146211, August 6, 2002).
NOTE: Profit or gain must be obtained by the
accused personally. Mere negligence in allowing
another to benefit from the transaction is not estafa
(Lim v. Court of Appeals, G.R. No. 102784, April 7,
1997).
WAYS OF COMMITTING ESTAFA: (UF 2)
1. With Y.nfaithfulness or abuse of confidence:
a. With unfaithfulness.(Art. 315, No. 1-A);
b. With abuse of confidence (Art. 315 No.1-B);
c. By taking undue advantage of the signature
in blank (Art. 315, No. 1-C);
2. By means of false pretenses or fraudulent acts:
a. Using fictitious name or false pretense~ and
other similar deceit (Art. 315, No. 2-A);
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b. By altering the quality, fineness or weight of
anything pertaining to his art or business
(Art. 315, No. 2-8);
c. By pretending to have bribed any
Government employee (Art. 315, No. 2-C);
d. By postdating a check or issuing a check in
payment of an obligation (Art. 315, No. 2-0);
e. By obtaining food or accommodation at a
hotel, etc. (Art. 315, No. 2-E);
3. Through fraudulent means:
·a. By inducing another to sign any document;
(Art. 315, No. 3-A);
b. By resorting to some fraudulent practice to
insure success in gambling (Art. 315, No. 3-
8); or
c. By removing, concealing or destroying
documents (Art. 315, No. 3-C).
I. ESTAFA WITH UNFAITHFULNESS
OR ABUSE OF CONFIDENCE (Art. 315,
No. 1)
A. ESTAFA WITH UNFAITHFULNESS
(Art. 315, NO. 1-A)
ELEMENTS: (OAD)
1. The Offender has an onerous obligation
to deliver something of value;
2. He Alters its substance, quantity or
quality; and
3. Qamage or prejudice capable of
pecuniary estimation is caused to the
offended party or third persons
(REYES, Book Two, supra at 967-971).
It is estafa even if the obligation be based on
an immoral or illegal consideration (People
v. Manansala, G.R. No. 38948, November
18, 1933).
When there ·is no agreement as to the
quality of the thing to be delivered, the
d~livery of the thing not acceptable to the
complainant is not estafa (REYES, Book
Two, supra at 973).
NOTE: There must be an existing obligation
to deliver something of value, and the
offender on making the delivery, has altered
the substance, quantity or quality of the
thing he delivered (REYES, Book Two,.
supra at 971).
B. ESTAFA WITH ABUSE
CONFIDENCE (Art. 315 No.1-B).
ELEMENTS: (DMPD)
1. Money, goods, or other personal
property be received by the offender in
trust, or on commission, or for
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administration, or under any other
obligation involving the duty to make
Qelivery of, or to return, the same;
2. There be Misappropriation or
conversion of such money or property
by the offender, or denial on his part of
such receipt;
3. Such misappropriation or conversion or
denial is to the frejudice of another; and
4. There be Qemand made by the
offended party to the offender (REYES,
Book T__wo, supra at. 974).
Money, goods or other personal property
must be received by the offender under a
certain kind of transaction transferring
juridical possession to him (Id. at 975).
In contracts of bailment and quasi-contracts,
the person having possession of the thing
has juridical possession of the property.
Thus, failure to return or deliver the same to
the proper party can hold said person liable
for estafa (U.S. v. Yap Tian Jong, G.R. No.
1067:5,February 28, 1916).
WheQ the Offender Acquires Both
Material and Juridical Possession of·the
Thing ~eceived
When the thing is received by the offender
from the offended party: (TCA)
1. in Trust; or
2, :on~mmission; or
3. , for ~dministration.
The second element shows three ways of
committing estafa with abuse of confidence
1
(MfsCoDe):
1. Misappropriation of the thing received;
2. Conversion of the thing received; or
3. Denial of the receipt of the thing
received (REYES, Book Two, supra at
989). .
· Definition of Terms
1. Misappropriation. (M)
the act of taking something for one's
own benefit (Id.).
Deposit of money received in trust by
the accused in his personal account and
his failure to account for it on demand is
estafa (ld.).-
OF
2. Conversion
the act of using or disposing of
another's property as if it was one's ·
own; thing has been devoted to a
purpose or use other than that agreed
upon (Id.).
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The fact that an agent sold the thing
received on commission for a lower
price than the one fixed, does not
constitute the crime of estafa (Id. at
826).
3. Material Possession (MP)
the actual physical possession of
personal property, where the possessor
cannot claim a better right to such
property than that of its owner.
4. Juridical Possession (JP)
possession which gives the
transferee a right over the thing
transferred and this he may set up even
against the owner (Benabaye v. People,
G.R. No. 203466, February 25, 2015).
5. Ownership (0)
there is ownership of the'personal
property when there is no'obttgation to
return exactly the same propetty given
or lent to the possessor'.
NOTE:
1. If the offender has been give11material
possession of the personal property and
he misappropriates the same, he is
liable for the crime o{l'HEFT. •
MP+ M =Theft
2. If the offender has beeh given juridical
possession and material possession of
the personal property and he
misappropriates the same, tie
is liable
for the crime of ESTAf=A. ··
JP + 'MP + M = Estafa.
3. If the person has been given the
ownership, juridical possession, and
material possession of the personal
property and he misappropriates the
same, he is NOT criminally liable and
incurs only a CIVIL LIABILITY.
0 + JP + MP + M = NO CRIME
NOTE: It bears to stress that a sum of
money received by an employee on behalf
of an employer is considered to be only in
the material poss.ession of the employee.
The material possession of an employee is
adjunct, by reason of his employment, to a
recognition of the juridical possession of the
employer. So long as the juridical
possession of the thing appropriated did
not pass to the employee-perpetrator,
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the offense committed remains to be
theft, qualified or otherwise.Hence,
conversion of personal property in the case
. of an employee having mere material
possession of the said property constitutes
theft, whereas in the case of an agent to
whom both material and juridical possession
have been transferred, misappropriation of
the same property constitutes Estafa
(Benabaye v. People, G.R. No. 203466,
February 25, 201.5 citing Matrido v. People,
610 Phil. 203, 214 (2009)).
In contracts of bailment and quasi-contracts,
the person having possession of the thing
has juridical possession of the property.
Thus, failure to return or deliver the same to
the proper party can hold said person liable
for estafa (U.S. v. Yap Tian Jong, G.R. No.
10675, February 28, 1916).
- The thing to be delivered or returned by the
offender must be the very object which he
receivedYU.S. V. Figueroa, G.R. No. L-6748,
March 16, 1912).
The person prejudiced need not be the
owner of the property (REYES, Book Two,
supra at830),
. The consummation of the crime
of estafa does not depend on the fact that a
request for a return of the money is first
made and refused in order that the author of
the crime should comply with the obligation
to return the sum misapplied (Nepomuceno
v. People, G.R. No. 166246, April 30, 2008).
In a prosecution for estafa, demand is not
necessary where there is evidence of
misappropriation or conversion (Cosme, Jr.
v. People, G.R. No. 149753, November 27,
2006).
Failure to account upon demand for funds or
property held in trust without offering any
satisfactory explanation for the inability to
account is circumstantial evidence of
misappropriation (Magtira v. People, G.R.
No. 170964, March 7, 2012).
Demand under this kind of estafa need not
be formal or written (Asejo v. People, G.R.
No. 157433, July 24, 2007).
EXCEPTIONS:
1. When the offender's obligation to
comply is subject to a period (People v.
Librea, C.A., 48 O.G. 5304); and
2. When the accused cannot be located
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. 297

despite due diligence (People v. THEFT AND ESTAFA WITH ABUSE OF

Villegas, C.A., 55 O.G. 1938). -
CONFIDENCE; DISTINGUISHED-
Compromise or Novation Not a Ground ESTAFA WITH ABUSE OF
to Extinguish Criminal Liability under THEFT
CONFIDENCE
Estafa (Art. 308)
(Art. 315, subdivision no. 1)
Criminal liability for estafa already
committed is not affected by compromise or As to Acquisition of Property
novation of contract, for it is a public offense
which must be prosecuted and punished by The offender The offender receives the
the state at its own volition (People v. takes the thing thing from the offended party.
Moreno, G.R. No. 130067, September 16, without the
1999). owner's consent.

NOTE: Novation is not one of the grounds As to Possession

for the extinguishment of criminal liability
under Art. 89 of the RPC. The offender The offender also acquires the
only acquires the juridical possession of the
However, where such novation occurs material or thing and the offender
before the criminal liability for estafa has physical misappropriates it.
been incurred, that is when not all the possession of
elements therefore are present, then no the thing.
criminal liability attaches (REYES, Book (REYES, Book Two, supra at 1001).
Two, supra at 988).

The reimbursement or restitution to the

--- -~-- E$TAFA WITH ABUSE OF
offended party of the money or property >• ·coMFIDlaNCE AND MALVERSATION,
swindled does not extinguish criminal · ·DISTINGUISHED
liability. It only extinguishes the c_ivilliability ESTAFAWITH
(Sajot v. Court of Appeals, G.R. No. 109721, ABUSE OF
March 11, 1999). MALVERSATION
CONFIDENCE
(Art. 217)
(Art. 315,
NOTE: Estafa is committed if an object was subdivision no. 1)
received to be sold, but was pledged instead
(Pideli v. People, G.R. No. 163437, Offenders are entrusted with funds or property.
February 13, 2008). Theft is committed, ifan
object was to be pledged, but was sold ;~af~_cpntinuing offenses.
instead (Id.).
As to Funds/Property l_nvolved
Estafa is not ipso facto committed through
conversion or misappropriation by delivering Private Usually public
the jewelry to a subagent for sale on
commission basis where the appointment of (Art. 222 states that
a subagent was not expressly prohibited by property attached, seized,
the principal and where the or deposited by public
acknowledgment receipt did not contain authority, even if such
such limitation (Serona v. Court of Appeals, property belongs to private
G.R. No. 130423, November 18, 2002). individual may be involved
in malversation)

As to How Committed

Crime is committed Crime is committed by

by misappropriating, appropriating, · taking or
converting or denying misappropriating or
having received consenting, or through
money, goods, or abandonment. or
other personal negligence, permitting any
property. other person to take the
public funds or property.

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act or fraudulent means;

2. Such false pretense, fraudulent act or
fraudulent means must be made or
executed prior to or simultaneously with the
commission of the fraud;
3. The offended party must have relied on the
false pretense, fraudulent act, or fraudulent
means, that is, he was !nduced to part with
There is no estafa Malversation can be his money or property because of the false
through negligence. committed through pretense, fraudulent act, or fraudulent
abandonment or means; and
negligence. 4. As a result thereof, the offended party
suffered Qamage (Id.).
As to Offender
There is no deceit if the complainant was aware
Private individual or Usually a public officer is of the fictitious nature of the pretense (People v.
even a public officer accountable for public Paredes, G.R. No. L-19192, February 28, 1923).
who is not funds or property.
accountable for Fraudulent
public funds or (Art. 217 shall apply to (1) The acts must be characterized by, or founded
property. a private individual who, in on, deceit, trick, or cheat.
any capacity whatsoever,
have charge of nationq), WAYS OF COMMITTING EST AF A BY MEANS
provincial or municipal OF DECEIT:
funds, revenues or 1. Article 315 No. 2 (A): (NPD)
property, ~and to (2) any a. ey uStng a fictitious tfame;
administrator or b. By falsely fretending to possess:
depository of funds or (PIQP•CAB)
property attached., seized i. f.ower;
or deposited by public ii. !nfluence;
authority:)··. iii. Qualifications;
(Id. at 1005). iv. froperty;
v. ~redit;
C. ESTAFA BY TAKING UNDUE vi, Agency; or
vii. ~usiness or imaginary transactions;
ADVANTAGE OF THE SIGNATURE IN and
BLANK (Art. 315,.No. 1-C) c. By means of other similar Qeceits
ELEMENTS: (BOWL) (REYES, Book Two, supra at 1008).
1. The paper with the signqture of the
offended party be in ~lank; ·· Under this class of estafa, the element of
2. The offended party should fllave deceit is indispensable. Such deceit
Delivered it to the offender; consists of the false statement or fraudulent
3. Above the signature of the offended representation of the accused, which was
party a document is Written by the made prior to, or at least simultaneously
offender without authority to do so; and with, the delivery of the thing by the
4. The document so written creates a complainant, it being essential that such
_biability of, or causes damage to the false statement or fraudulent representation
offended party or any third person (Id. at constitutes the very cause or the only motive
1006). that induces the complainant to part with the
thing of value. If there is no prior or
NOTE: If the paper with the signature in simultaneous false statement or fraudulent
blank was stolen, the crime is falsification of representation, any subsequent act of
documents by making it appear that he accused, however fraudulent and
participated in a transaction when in fact he suspicious it may appear, cannot serve as a
did not (REYES, Book Two, supra at 1007). basis for prosecution for this class of estafa
(People v. Olermo, G.R. No. 127848, July
11. ESTAFA BY MEANS OF DECEIT (Art. 17, 2003).
315, No. 2)
There is use of fictitious name when a
ELEMENTS: (F 2 10) person uses a name other than his real
1. There must be .Ealse pretense, fraudulent

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sanBeda University College of Law - RGCT Bar Operations
name. Thus, when a person found a
pawnshop ticket in the name of another and,
using the name of that other person,
redeemed the jewelry mentioned therein, he
committed estafa by using fictitious name
(People v. Yusay, G.R. No. L-26957,
September 7, 1927).
The offender must be able to obtain
something from the offended party because
of the false pretense, that is, without which
the offended party would not have parted
with it (REYES, Book Two, supra at p.
1019).
REPUBLIC ACT NO. 8042
AS AMENDED BY
REPUBLIC ACT NO. 10022
ILLEGAL RECRUITMENT
UNDER THE MIGRANT WORKERS ACT
Approved on: June 7, 1995
Effectivity Clauses:
R.A. No. 8042 - This Act shall take effect
after fifteen (15) days from its publication in
the Official Gazette or in at least two (2)
national newspapers of general circulation
whichever comes earlier (R.A. No. 8042,
Sec. 43).
R.A. No. 10022- The provisions of these
Rules and Regulations shall take effect
fifteen days (15) after publication in two (2)
newspapers of general circulation (R.A. No.
10022, Rule XX/ Sec. 2).
A person convicted for illegal recruitment
under the Labor Code, as amended·, can be
convicted for estafa under Art. 315 (Par. 2),
if the elements of the crime are present
(People v. Calonzo, G.R. Nos. 115150-55,
September 27, 1996).
Estafa and Illegal Recruitment are entirely
different offenses and neither · one
necessarily includes or is necessarily
included in the other (People v. Billaber,
G.R. No. 114967-68, January 26, 2004).
2. Article 315 No. 2 (8)
Committed by altering the quality,
fineness or weight of anything pertaining to
his art or business.
3. Article 315 No. 2 {C)
Committed by pretending to have
bribed any Government employee.
The accused, by pretending to have bribed
a government employee, can be held further
liable for such calumny in a criminal action
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Center
for either slander or libel depending on how
he recounted the supposed bribery
(REGALADO, supra at 719).
However, the crime committed is
corruption of public officers if the money
was indeed given (REYES, Book Two,
supra at 1025).
4. Article 315 No. 2 {D}
ELEMENTS: (OFu}
a. The offender postdated a check, or
issued a check in payment of an
Obligation; and
b. Such postdating or issuing a check was
done when the offender had no Funds
in the bank, or his funds deposited
therein were not sufficient to cover the
amount of the check (REYES, Book
Two, supra at 1026). ·
To constitute estafa by postdating or issuing
a check in payment of obligation, deceit
should be the efficient cause of
defraudation. The act must have been ·
committed either prior to or simultaneous
with.tbe defraudation complained of. Hence,
a check issued in payment of a pre-existing
oblig~tion does not constitute estafa even if
there tis no fund in the bank to cover the
amount of the check (People v. Reyes, G.R.
':,1Jo.
l54t5.9,>March
"""';kl
,"'.,v<',T':"
31, 2005).
If the check was issued by the debtor only
•. . for security of the creditor, as in the nature
·\,~t.;i;., .qf promissory notes but not to be encashed,
• 'no
1
• &• ' estafa will be involved (Pacheco v. Court
of Appeals, G.R. No. 126670, December 2,
1999).
Good faith is a defense in a charge of estafa
by postdating or issuing a check (People v.
Villapando, G.R. No. 33224, September 4,
1931).
Estafa by issuing a bad check is a
continuing offense (People v. Yabut, L-
42902, April 29, 1977).
There is prima facie evidence of deceit when
the drawer fails to pay or make arrangement
for payment three (3) days after receiving
notice of dishonor (RPG, Art. 315(2)(d) as
amended by R.A. No. 4885).
The payee or person receiving the check
must be damaged or prejudiced (REYES,
Book Two, supra at 860).
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300 " CRIMINAL LAW II
5. Article 315, No. 2 (E)
PUNISHABLE ACTS: (FCR)
a. Obtaining food, refreshment or
accommodation at hotel, inn,
restaurant, boarding house, lodging
house or apartment house without
paying therefor, with intent to defraud
the proprietor or manager thereof;
b. Obtaining ~redit at any of the said
establishments by the use of any false
pretense; or
c. Abandoning or surreptitiously Removing
any part of his baggage from any of the
said establishments after obtaining
credit, food, refreshment or
accommodation therein, without paying
therefor (REYES, Book Two, supra at
1053).
BATAS PAMBANSA BLG. 22
BOUNCING CHECKS LAW
(Refer to SPL for detailed discussion. See
page 422) · ·
Approved on: April 3, 1979
Effectivity Date: Aprif 29; 1979
PUNISHABLE Acts ..UNDER B:P. BLG;
22: (KF) .
1. Making or Drawing and Issuing Jl Check
~nowing at the'. time of issue that he
does not have sufficient funds.
ELEMENTS: (AKO)_ · ¾,
a. A person makes or 'tlraws anct-~sues·
any check to apply orl' !cc6tJnt
value· '
or
'
for
b. The person Knows that he.,l!oes· not
have sufficient funds or credit with ffi~
drawee bank for the payment of such
check upon its presentment at the time
of issue; and
c. The check is subsequently Qishonored
by the drawee bank for insufficiency of
funds or credit,or would have been
dishonored for the same reason had not
the drawer, without any valid reason,
ordered the bank to stop payment
(REYES, Book Two, supra at 1034-
1035).
2. failing to Keep Sufficient Funds to·
cover the full amount of the check.
ELEMENTS: (S900)
a. A person has §ufficient funds with
the drawee bank when he makes or
draws and issues a check;
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b. He fails to keep sufficient funds or to
maintain , credit to cover the full
amount if presented within a period
of ninety .llm)days from the date of
appearing thereon; and
c. The check is Qishonored by the
drawee bank (Id.).
The gravamen of B.P. Big. 22 is the act of
issuing a worthless check or a check that is
dishonored upon its presentment for
payment. The law has made the mere act of
issuing a bum check a ma/um prohibitum, an
act proscribed by legislature for being
deemed pernicious and inimical to public
welfare (People v. Chua, G.R. No. 130632,
September 28, 1999).
Presumption of Knowledge of Lack or
Insufficiency of Funds
·rhe maker's knowledge is presumed from
the dishonor of the check (Vaca v. CA, G.R.
No. 131714, November 16, 1998). However,
the presumption is brought into existence
only after. it is proved that the issuer had
received a notice of dishonor and that within
five (5) banking days from receipt thereof,
be failed to pay the amount of the check or
to make arrangements for its payment (Yu
Oh v. CA, G.R.No. 125297, June 6, 2003).
NOTE: The presumption or prima facie
evidence cannot arise if the notice of non-
payment by the drawee bank is not sent to
the _makeror drawer, or if there is no proof
as fo when _suchnotice was received by the
drawer, since there would simply be no way
, of teck,oning the crucial five-day period (Yu
Oh v. CA, G.R. No. 125297, June 6, 2003).
Prosecution for estafa does not preclude
that for B.P. 22
Prosecution under B.P. 22 shall be without
prejudice to the punishment under the RPG.
There is no double jeopardy since B.P. 22 is
a crime against public interest (BOADO,
supra at 919).
Ill. ESTAFA THROUGH FRAUDULENT
MEANS (Art.315, No. 3)
A. ESTAFA BY INDUCING ANOTHER
TO SIGN ANY DOCUMENT (Art. 315,
No. 3-A)
ELEMENTS: (DOPP)
1. That the offender induced the offended
party to sign a Qocument;
2. That Qeceit be employed to make him
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sign the document;

ESTAFA
3. That the offended party ~ersonally B.P.
22 (Art. 315, No. 2 (d))
signed the document; and
4. That ~rejudice be caused (Id. at 874). As to Grace Period

NOTE: If offended party willingly signed the The drawer is given The drawer is given
document and there was deceit as to the five (5) days after three (3) days after
character or contents of the document, the receiving notice of receiving notice of
crime committed is falsification. But where dishonor within which dishonor.
the accused made representation as to to pay or make
mislead the complainant as to the character arrangements for
of the documents, the crime is estafa. payment.

B. ESTAFA BY RESORTING TO As to Time When Insufficiency of Funds is

SOME FRAUDULENT PRACTICE TO Reckoned
ENSURE . SUCCESS IN GAMBLING That there are no funds That there are no funds
(Art. 315, No. 3-B) or no sufficient funds at or there are insufficient
the time of issuance or funds at the time of
at the time of issuance.
C. ESTAFA BY REMOVING, presentment if made
CONCEALING OR DESTROYING within 90 days.
DOCUMENTS (Art. 315, No. 3-C)
ELEMENTS: (CoReD) As to Knowledge of Lack or Insufficiency of
1. There be Court record, office files, Funds
documents or any other papers; P7;/;>"t;1!~' ,r~~
~'f~cpr drawer Not necessary that the
2. The offender Removed, concealed, or
and issuer ~ws at the drawer should know at
destroyed any of them; and
time of issue that he the time that he issued
3. The offender had intent to .Qefraud
does not have the check that the funds
another (Id. At 876).
sufficient fund in or deposited in the bank
credit with tbe cftawee were not sufficient to
B.P. 22 AND ESTAFA, DISTINGUISHED ban .Jl!ay~.fltof cover the amount of the
the c : ·· · c.,i check.
ESTAFA
B.P. 22 (Art. 315, No. 2 (d))

As to Liability of Endorsers
of a No presumption
Endorser is not liable. Endorser who acted with ec is knowledge arises.
deceit knowing that the dishonored gives rise
check is worthless ·will to the presumption of
be criminally liable. knowledge · of
insufficiency of funds.
As to Purpose of Issuance of Check

Issuance of check is for It is the means to obtain INFIDELITY IN CUSTODY OF

value or on account. the valuable DOCUMENT AND ESTAFA BY
consideration from the REMOVING, CONCEALING, OR
payee (i.e., the debt is
DESTROYING DOCUMENT,
not pre-existing).
DISTINGUISHED
As to Necessity of Damage or Deceit ESTAFA BY
INFIDELITYIN REMOVING,
Deceit and damage are False pretenses or CUSTODY OF CONCEALING, OR
not elements of the deceit and damage, or at DOCUMENTS DESTROYING
crime; the gravamen of least intent to cause (Art. 226) DOCUMENT
the offense is the damage, are · essential (Art. 315, 3(c))
issuance of the and the false pretenses
unfunded check. must be prior to or · As to Manner of Committing the Crime
simultaneous with the
damage caused. Both are similar as to committing the offense.

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made to the Qamage of another (Id. at

1066).

Encumbrance
It means every right or interest in the land which
exists in favor of third persons (Id. At 884).

3. The Qwner of any personal property who shall

wrongfully take it from its lawful possessor, to
The offender is a The offender is a private the prejudice of the latter or any third person;
public officer who is individual or even a public
officially entrusted .officer who is not officially ELEMENTS: (PePTP)
with the custody of entrusted with the custody a. The offender is. the owner of Personal
documents. of said documents. property;
b. Said personal property is in the lawful
fossession of another;
c. The offender wrongfully Iakes it from its
There is intent to defraud lawful possessor (if taken from an unlawful
(REYES, Book Two, supra at 1058). possessor, Art. 429 of the Civil Code
applies); and
d. frejudice is thereby caused to the
ARTICLE 316 possessor or third person (Id. at 1072).
OTHER FORMS OF SWINDLING
NOTE: The crime will still be estafa even if the
PERSONS LIABLE: (PKOEAS} owner takes tl:le personalty from the _lawful
1. Any person who, fretending to be the .owner of possessor under the modes of taking in theft or
any real property, shall convey, sell, encumber robbery which tatter crimes cannot be committed
or mortgage the same; by the owner on his property (REGALADO,
supra at 732).
ELEMENTS (IRAP):
a. The thing be !mmovable, such as a parcel of 4. Any person who, to the prejudice of another,
land or a building (which must be of actual shall gxecute any flctitious contract;
existence); . 5. Atnypersonwhcrs~all Accept any compensation
b. The offender who is not thS:11owner Qf~id , for:. services not .frendered or for labor not
•property should B.epr~sent that he .is lhe performed; and
owner thereof; · •.• •.
c. The offender should have executeoan Act · NO:FE:This act requires fraud as an essential
of ownership (selling, leasing, encumbering ,.element lf)here is no fraud, it only becomes
or mortgaging the real property); and solut(oindebiti, with the civil obligation to return
d. The act be made to the frejuditie of the the :wrong payment (REYES, Book Two, supra
owner or a third person (Id. at 1062-1083): at 1075).

NOTE: If the thing does not exist, the crime is
estafa by means of false pretenses under Art.
315(2) (a) (Id. at 1064).
2. Any person who, ~nowing that real property is
encumbered, shall dispose of the same,
although such encumbrance be not recorded;
ELEMENTS: (RKED)
a. The thing disposed of be Real prope_rty;
b. The offender ~new that the real property
was encumbered, whether the
encumbrance is recorded or not (hence, the
principle of constructive notice does not
apply);
c. There must be j;xpress representation by
the offender that the real property is free
from encumbrance; and
d. The act of disposing of the real property be
6. Any person who shall §.ell, mortgage or
encumber real property with which the offender
guaranteed the fulfillment of his obligation as
surety.
ELEMENTS:
a. The offender is a surety in a bond given in a
, criminal or civil action;
b. He guaranteed the fulfillment of such
obligation with his real property or
properties;
c. He sells, mortgages, or in any manner
encumbers said real property; and
d. Such sale, mortgage or encumbrance is:
i. Without express authority from the
court,
ii. Made before the cancellation of his
bond.or

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iii. Before being relieved from the PUNISHABLE ACTS: (KS)

obligation contracted by him (Id. at
1. Knowingly removing. any personal property
1075).
mortgaged under the Chattel Mortgage Law to
any province or city other than the one in which
Since the penalty of fine prescribed in Art. 316 is
it is located at the time of execution of the
based on the "value of the damage caused," mere
mortgage, without the written consent of the
intent to cause damage is not sufficient. There must
mortgagee or his executors, administrators or
be actual damage caused by the act of the offender
assigns (REYES, Book Two, supra at 1088);
(Id.}.
and

ARTICLE 317 Removal of Mortgaged Property

SWINDLING A MINOR
ELEMENTS: (PMR-PeN)
ELEMENTS: (DAMI) a. Personal property is mortgaged under
Chattel Mortgage Law;
1. The transaction is to the Qetriment of such minor
b. The offender knows that such property is so
(Id. at 895).
Mortgaged;
2. The offender takes Advantage of the
c. He Removes such mortgaged personal
inexperience or emotions or feelings of a minor;
property to any province or city other than
3. The consideration is some loan of Money, credit,
the one in which it was located at the time of
or other personal property; (if real property, Art.
the execution of the mortgage;
318 applies; a minor cannot convey real
d. The removal is Permanent; and
property without judicial authority); and
e. There is No written consent of mortgagee,
4. He Induces such minor to assume an obligation,
executors~ administrators, or assigns to
or to give release, or to execute a transfer of any
such removal (Id.}.
property right (Id. at
1082). 'c \i\ ~::~+'*t,
...
,:,_,:
,,,,"S/'
NOTE:-Tjfe removal of the mortgaged personal
NOTE: Actual proof of deceit or misrepresentation
property m~st be coupled with an intent to
not necessary. It is sufficient that the offender takes
defrauct.
advantage of the inexperience or emotions of the '
minor (Id.}.
A third petson, other than the mortgagor, may be
hel.~HaJ;>te(Id.),.
ARTICLE 318 ',-,"'j: ', ~ '~ ,,:$. , '~: ,;i

OTHER DECEITS If t~e : rhdrtgag~e elected to file a suit for

collection, not foreclosure, thereby abandoning
PUNISHABLE ACTS: (DI) the mortgage as basis for relief, the removal of
(.,h) p,Qperty is not a violation of Par. 1 of Art 319
1. Defrauding or damaging another by any other
(REYES, Book Two, supra at 1090-1091).
deceits not mentioned in the preceding articles;
2. By (a) Interpreting dreams, (b) Making forecasts,
The Chattel mortgage must be valid and
telling fortunes, (c) Taking advantage of the
subsisting (REYES, Book Two, supra at 1088).
Credulity of the public in any other manner, for
profit or gain (Id. at 1083).
2.. Selling or pledging personal property already
pledged, or any part thereof, under the terms of
the ·chattel Mortgage Law, without the consent
of the mortgagee written on the back of the
CHAPTER SEVEN: mortgage and noted on the record thereof in_the
CHATTEL MORTGAGE office of the register of deeds of the province
where such property is located (REYES, Book
(ART. 319) Two, supra at 1088).

Sale or Pledge of Mortgaged Property

ARTICLE 319 Already Pledged
REMOVAL, SALE OR PLEDGE OF ELEMENTS: (AON)
MORTGAGED PROPERTY a. Personal property is Already pledged under
Chattel Mortgage Law;
b. Offender, who is the mortgagor, sells or
pledges the same property or any part
thereof; and

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c. tf oconsent of mortgagee written on the ELEMENTS OF ESTAFA UNDER RPC IN

back. of the mortgage and noted on the RELATION TO TRUST RECEIPTS LAW (P.D. NO.
record thereof in the Office of the Register 115):
of Deeds (REYES, Book Two, supra at 1. Receipt of the subject goods in trust or under the
1091). obligation to sell the same and to remit the
proceeds thereof to (the trustor), or to return the
Second Chattel mortgage is included under Art. goods if not sold;
319, which penalizes the mortgagor who sells or 2. Misappropriation or conversion of the goods
pledges a mortgaged property without the and/or the proceeds of the sale;
consent of the mortgagee (Id.). 3. Performance of such acts with abuse of
confidence to the damage and prejudice of
Damage to the mortgagee is not essential (Id.). trustor bank; and
4. Demand was rriade on them by the trustor bank
SELLING OR PLEDGING PERSONAL for the remittance of the proceeds or the return
of the .unsold goods (Land Bank of the
PROPERTY ALREADY PLEDGED OR
Philippines v. Perez, G.R. No. 166884, June 13,
MORTGAGED AND ESTAFA, 2012).
DISTINGUISHED
SELLING OR PLEDGING ESTAFA BY EFFECT OF COMPLIANCE:
PERSONAL PROPERTY DISPOSING OF 1. Before Criminal Charge - no criminal liability;
ALREADY PLEDGED ENCUMBERED 2. AfterCriminal Charge, Before Conviction -
OR MORTGAGED PROPERTY extingui~hment of criminal liability (Philippine
(Art. 319) (Art. 316, Par. 2) Bt,ooming Mills, Inc. v. Court of Appeals, G.R.
No: 142381, October 15, 2003).
Both involve sale of mortgaged property.

As to property involved

Personal property Reaf property CHAPTER EIGHT:

As to actponfshed
Selling or pledging of
personal property already
pledged or mortgaged is
committed by the mere
failure to obtain the
consent of the
mortgagee in writing,
even if the offender should
inform the purchaser that
the thing sold is
mortgaged.
As to the purpose of the law
To protect the mortgagee
(Id. at 1093).
P.D. NO. 115
TRUST RECEIPTS LAW
ARSON AND OTHER
CRIMES INVOLVING
To constitute estafa, DEST)lUCTION
it is sufficient that the
real property
(ARTS! 320-326B)
mortgaged be sold
as free, even though
the i.tendor may have
obtained the consent ARTICLES 320-326-B
of the mortgagee in REPEALED BY
writing. · , PRESIDENT.AL DECREE 1613
AMENDING THE LAW ON ARSON
The laws on arson in force today are P.O. No. 1613
and Art. 320, as amended by R.A. No. 7659. The
provisions of P.O. No. 1613 which are inconsistent
To protect the with R.A. No. 7659 (such as Sec. 2 of P.O. No. 1613)
purchaser, whether are deemed repealed.
the first or the second
KINDS OF ARSON: (SiDe-O)
1. Simple Arson (P.O. No. 1613, Sec. 1);
2. Destructive arson (RPG, Art. 320, as amended
by R.A. No. 7659); and
3. Other cases of arson (P.O. No. 1613, Sec. 3).

(Refer to SPL part for a detailed discussion. See SIMPLE ARSON

page 502)
When any person burns or sets fire to the property
of another, or his own property under circumstances
Approved on: January 29, 1973
which expose to danger the life or property of
Effectivity Date: January 29, 1973

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another (P.O. No. 1613, Sec. 1); It is the malicious
destruction of property by fire.
DESTRUCTIVE ARSON: (E-OTW-C)
Burning of:
1. One (1) or more buildings or gdifices,
consequent to one single act of burning, or as a
result of simultaneous burnings, or committed
on several or different occasions;
2. Any building of public or private Ownership,
devoted to the public in general or where people
usually gather or congregate for a definite
purpose such ·as, but not limited to, official
_governmental function or business, private
transaction, commerce, trade workshop,
meetings and conferences, or merely incidental
to a definite purpose such as but not limited to
hotels, · motels, transient dwellings, public
conveyances or stops or terminals, regardless of
whether the offender had knowledge that there
are persons in said building or edifice at the time
it is set on fire and regardless also of whether
the building is actually inhabited or not;
3. Any Irain or locomotive, ship or vessel, airship
or airplane, devoted to transportation or
conveyance, or for public use, entertainment or
leisure;
4. Any building, factory, Warehouse installation
and any appurtenances thereto, which are
devoted to the service of public utilities; or
5. Any building the burning of which is for the
purpose of ~oncealing or destroying evidence of
another violation of law, or for the purpose of
concealing bankruptcy or defrauding creditors or
to collect from insurance (RPG, Art. 320, as
amended by R.A. No. 7659, Sec. 10).
.··4'. ·1r·the _building or property is !nsured for
THERE IS ALSO DESTRUCTIVE ARSON:
(2AM)
1. When the arson is committed by two g} or more
persons, regardless of whether their purpose is
merely to burn or destroy the building or the
burning merely constitute_s an overt act in the
commission of another violation of the law;
2. When any person shall burn: -
a. Any Arsenal, shipyard, storehouse or
military power or fireworks factory,
ordinance, storehouse, archives or general
museum of the Government; or
b. In an inhabited place, any storehouse or
factory of inflammable or explosive
Materials (Id.).
OTHER CASES OF ARSON: (GIP-OMA)
Burning of:
1. Any building used as offices of the Government
or any of its agencies;
2. Any !nhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or
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mine shaft, flatform or tunnel;
4. Any plantation, farm, land pasture, growing crop,
grain field, Orchard, bamboo grove or forest;
5. Any rice Mill, sugar mill, cane mill, or mill central;
and
6. Any railway or bus station, Airport, wharf or
warehouse (P.O. No. 1613; Sec. 3).
SPECIAL AGGRAVATING
CIRCUMSTANCE IN ARSON: (IBMS)
1. If committed with !ntent to gain;
2. If committed for the ~enefit of another;
3. If the offender is Motivated by spite or hatred
towards the owner or occupant of the property
burned; and
4. If committed by a §.yndicate - planned or carried
out by three or more persons (P.O. No. 1613,
Sec. 4).
PRIMA FAC/E EVIDENCE OF ARSON:
(SiS-GalLWBe)
1. If the fire started Simultaneously in more than
one part of the building or establishment;
.2. If a substantial amount of flammable substances
-Ot:rnaterials are §tared within the building not
necessaryjn the business of the offender nor for
the household use;
3. If Gasoline, kerosene, petroleum or other
flammable or combustible substances or
materials soqked therewith or containers
thereof, or any rn~chanical, electrical, chemical,
onitlecfro111p(X)flfrivancedesigned to start a fire,
or ashes of traces of any of the foregoing are
found in the ruins or premises of the burned
building or property;
· substantially more than its actual value at the
time of the issuance of the policy;
5. If during the .bifetime of the. corresponding fire
insurance more than two fires have occurred in
the same or other premises owned or under the
control of the offender and/or insured;
6. If shortly before the fire, a substantial portion of
the effects insured and stored in a building or
property had been Withdrawn from the premises
except in the ordinary course of business; and
7. If a demand for money or other valuable
consideration was made Before the fire in
exchange for the desistance of the offender or
for the safety of the person or property of the
victim (P.O. No. 1613, Sec. 6).
Conspiracy to commit arson is punished (P.O. No.
1613, Sec. 7).
The building which is the object of arson including
the land on which it is situated shall be confiscated
and escheated to the State (P.O. No. 1613 at Sec.
8). -
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ATTEMPTED ARSON; ILLUSTRATION
A person, intending to burn a wooden structure
collects 'some rags, soaks them in gasoline and
places them beside the wooden wall of the building.
When he is about to light a match to set fire to the
rags, he is discovered by another who chases him
away (REYES, Book Two, supra at 1108).
The crime committed is attempted arson because
the offender commences the commission of the
crime directly by overt acts (placing the rags soaked
in gasoline beside the wooden wall of the building
and lighting a match) but he does not perform all the
acts of execution (the setting of fire to the rags) due
to the timely intervention of another who chases
away the offender (Id.).
CONSUMMATED ARSON;
ILLUSTRATION
Arson is consummated when all the acts necessary
to produce combustion are present in the ·thing
sought to be burnt. . The extent of· damage is
immaterial, it being sufficient that a portion of the
thing is burned (People v. Hernandez, G..R. N6.
31770, December 5, 1929).
It is consummated if the fire had burned a part of the
building (REYES, Book Two, supra at 1108).
Any charring of the wood of a building, whereby the
fiber of the wood is destroyed, is sufficient. It is not
necessary that the wood should be ablaze (Id. at
919).
The mere fact that a building is scorched or
discolored by heat is not sufficient to · constitute
consummated arson (Id.).
NOTE: Arson ,has no frustrated stage (BOADO,
supra at 941). Even if a building is not completely
gutted by the fire, the crime committed is still
consummated arson. It is enough that a portion
thereof is shown to have been destroyed. (People v.
Guttierez, G.R. No. 100699, July 5, 1996).
WHEN MURDER, ARSON, OR MURDER
AND ARSON
In cases where both burning and death occur, in
order to determine what crime/crimes was/were
perpetrated - whether arson, murder or arson and
homicide/murder, it is de rigueur to ascertain the
main objective of the malefactor:
1. If the main objective is the burning of the building
or edifice, but death results by reason or on the
occasion of arson, the crime is simply arson, and
the resulting homicide is absorbed;
2. If, on the other hand, the main objective is to kill
a particular person who may be in a building or
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CRIMINAL LAW H
CriminalLaw
edifice, when fire is resorted to as the means to
accomplish such goal, the crime committed is
murder only; or
3. If the objective is, likewise, to kill a particular
person, and in fact the offender has already
done so, but fire is resorted to as a means to
cover up the killing, then there are two separate
and distinct crimes committed
homicide/murder and arson (People v. Malngan,
G.R. No. 170470, September 26, 2006).
If by reason of or on the occasion of arson, death
results, the penalty of death (now reclusion
perpetua, per R.A. No. 9346) shall be imposed. It is
NOT a complex crime of arson with homicide
under Art. 48 but a special complex crime of
destructive arson under the last paragraph of Art.
320 (BOADO, supra at 944).
ARSON COMMITTED THROUGH
NEGLIGENCE
Where a person burns trash disregarding the strong
wind blowing and the cinders landed on the property
of another, the crime is reckless imprudence
resulting to arson or simple imprudence, depending
upon the circumstance, place and how strong the
wind is blowing (BOADO, supra at 941).
A person who commits an act punishable under Art.
324 (Crimes Involving Destruction) and P.O. No.
1613 (The Law on Arson) thereby sowing and
creating a condition of widespread and extraordinary
. fear and panic among the populace, in order to
coerce the government to give in to an unlawful
demand shall be guilty of Terrorism (Human Security
Act of 2007, Sec. 3).
CHAPTER NINE:
MALICIOUS MISCHIEF
(ARTS. 327-331)
ARTICLE 327
WHO ARE LIABLE FOR MALICIOUS
MISCHIEF
MALICIOUS MISCHIEF
The willful damaging of another's property for the
sake of causing damage due to hate, revenge or
other evil motive (REYES, Book Two, supra at 1112-
1113).
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San Bede University College of Law - RGCT Bar Operations Center
ELEMENTS: (DeNotMe)
1. The offender Deliberately caused damage to the
,property of another;
2. Such act does Not constitute arson or other
crimes involving destruction; and
3. The act of damaging another's property be
committed .Mgrely for the sake of damaging it
(Taguinod v. People, G.R. No. 185833, October
12, 2011).
The third element presupposes that the offender
acted due to hate, revenge or other evii motive
(REYES, Book Two, supra at 1114).
This crime cannot be co.mmitted thru negligence,
since · culpa and malice are essentially
incompatible (Quizon v. Justice of the Peace of
Bacolor, Pampanga, G.R. No. L-6641, July 28,
1955).
If there is no malice in causing the damage, the
obligation is only civil (CIVIL CODE, Art. 2176).
MEANING OF DAMAGE IN MALICIOUS
MISCHIEF
Damage means not only loss but also a diminution
of what is a man's own. Thus, damage to another's
house includes defacing it (REYES, Book Two,
supra at 1116).
When a person cuts the banana ·trees as an
authorized occupant or possessor of the land, and
as planter of the banana trees, he owns said crops
including the fruits thereof, the essential element,
which is "damage deliberately caused to the property
of another," is absent because he merely cut down·
his own plantings (Caballes v. Department of
Agrarian Reform, G.R. No. 78214, December 5,
1988).
. '
Malicious mischief does not necessarily involve
moral turpitude (People v. Jamero, G.R. No. L-
19852, July 29, 1968).
It is theft when there is intent to gain as when after
damaging the property, the offender removes or
makes use of the fruits or objects of the damage
(RPG, Art 308, Par. 2).
ARTICLE 32_8
SPECIAL CASES OF MALICIOUS
MISCHIEF
SPECIAL CASES OF
MISCHIEF: (OPoi-NC)
1. Causing damage to Obstruct the performance of
public functions;
2. Using Poisonous or corrosive substances;
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3. Causing damage to the property of the National
Museum or National Library, or to any archive or
registry, waterworks, road, promenade, or any
other thing used in common by the public; and
4. Spreading any infection or contagion among
~attle (REYES, Book Two, supra at 1117).
These ·are called qualified malicious mischief
REYES, Book Two, supra at 1118).
The mischief mentioned in the first clause (no. ·1) is
to be distinguished from sedition (RPG, Art. 139), in
that the element of public and tumultuous uprising is
not present in this crime (Id.).
ARTICLE 329.
OTHER MISCHIEFS
Mischiefs not included in the next preceding article
and are punished according to the value of damage
caused.
ARTICLE 330
DAMAGE AND OBSTRUCTION TO
MEANS OF COMMUNICATION
PERSON LIABLE
Any person who shall damage ariy railway, telegraph
or telephqne lines.
QUALIFYING CIRCUMSTANCE: Damage shall
resultin •the· d~ailment of cars, collision, or other
accident (RIEVES, Book Two, supra at 1120).
For the purpose of the provision of Art. 330, the
• ~ecb;ic wires, traction cables, signal system, and
Oth&r·thlngs pertaining to railways, shall be deemed
to .constitute an integral part of a railway system. Art.
330 does not apply when the telegraph or telephone
do not pertain- to railways (Id.).
CRIMES COMMITTED IF PASSENGERS
ARE KILLED AS A RESULT OF DAMAGE
TO RAILWAY:
1. If without intent to kill - the crime is
damages to means of communication with
Homicide (Art, 331, Par. 2 says "without
prejudice to the criminal liability of the offender
for other consequences of his criminal act");
2. If with intent to kill - the crime is murder, if
damaging the railways was the means to
accomplish the criminal purpose (Id. at 1121).
MALICIOUS ARTICLE 331
DESTROYING OR DAMAGING
STATUES, PUBLIC MONUMENTS OR
PAINTINGS
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PERSONS LIABLE: supra at 950-951); and

1. Any person who shall destroy or damage 5. Stepfather, adopted father, natural
statues or any other useful or ornamental public children, concubine, paramour (REYES,
monuments; and Book Two, supra at 1124).
2. Any person who shall destroy or damage any
useful or ornamental painting of a public nature. REASONFOREXEMPT~N
The law recognizes the presumed co-ownership of
the property between the offender and the offended
party (Id. at 1123).
CHAPTER TEN:
EXEMPTION FROM Art. 332 also applies to common-law spouses. Under
CRIMINAL LIABILITY IN Arts. 147 and 148 of the Family Code, common law
spouses are co-owners of the property.
CRIMES AGAINST
PROPERTY No criminal liability but only civil liability shall result
from the commission of any of the said crimes (RPC,
(ART. 332) Art. 332, Par. 1).

WHEN EXEMPTION DOES NOT APPLY:

ARTICLE 332 1. In case of strangers participating in the
PERSONS EXEMPT FROM .CRIMINAL commission of the crime (RPC, Art. 332, last
Par.).
LIABILITY 2. If the crimes of theft, swindling and malicious
· mischief are complexed with another crime
CRIMES INVOLVED IN THE EXE,MPTION: (Intestate Estate of Mano/ita Gonzales Vda. De
1. Theft; _Carungcong v. 'People, G.R. No. 181409,
2. Swindling (estafa); and Febrvary 11; 2010).
3. Malicious mischief (REYES, Book Two, sypra at
931).

PERSONS EXEMPTED: TITLE ELEVEN:

1. Spouses; CRIMES AGAINST
NOTE: In relation to Articles 147 and 148 of the CHASTITY
Family Code, common law spouses are co-
owners of the property. As ,such, exemption
should be construed in favor of commori Jaw
spouses by reason of being co-owners. THE CRIMES AGAINST CHASTITY
WHICH CANNOT BE PROSECUTED DE
2. Ascendants and descendants, relatives OFFICIO ARE: (CASAL)
by affinity in the same line; 1. ~oncubinage (Art. 334);
2. Adultery (Art. 333);
NOTE: This should include stepparents and 3. §.eduction whether qualified or simple (Arts. 337,
stepchildren because they are ascendants and 338);
descendants by legitimate affinity. 4. Abduction which may be forcible or consented
(Arts. 342, 343); and
3. Brothers and sisters and brothers-in-law 5. Acts of J:asciviousness with or without consent
and sisters-in-law, if living together; (Arts. 336, 339);

NOTE: This should include legitimate and But corruption of minors (Art. 340) and white slave
illegitimate half-brother and sisters for the law trade (Art. 341) can be prosecuted de officio.
did not limit the term to legitimate 9nd adopted
full brothers/sisters. However, stepbrothers and
stepsisters should be excluded for they are not
relatives either by affinity or blood.

4. Widow if the property is not yet divided

for then she is a co-owner (BOADO,

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CHAPTER ONE:
ADULTERY AND
CONCUBINAGE
(ARTS. 333-334)
ARTICLE 333
ADULTERY
PERSONS LIABLE:
1. The married woman who engages in sexual
intercourse with a man not her husband; and
2. The man who, knowing of the marriage of the
woman, has sexual intercourse with her (RPG,
Art. 333, Par. 1).
ELEMENTS: (MaNoK)
1. That the woman is Married;
2. That she has sexualintercourse with a man NQ.t.
herhusband;and
3. That as regards the man with whom she has
sexual intercourse, he must Know her to be
married (REYES, Book Two, supra at 1128).
NOTE: The gist of ·the crime of adultery is the
danger of introducing spurious heirs into the
family, whereby the rights of the real heirs may be
impaired and a man may be charged with the
maintenance of a family not his own (US v. Mata,
G.R. No. L-6300, March 2, 1911).
Adultery is committed even if the marriage is
subsequently declared void (RPG, Art. 333, .Par. 1).
The offended party must be legally married to the
offender at the time of the filing of the complaint (Id.).
The death of the paramour will not bar prosecution
against the unfaithful wife, because the requirement
that both offenders be included in the complaint is
absolute only when the offenders are alive (RPG,
Art. 344, Par. 2).
The death of the offended party will not terminate the
proceedings (REYES, Book Two, supra at 1133).
Adultery is not a continuous crime. Adultery is
consummated upon each sexual intercourse
(AMURAO, Book Two, Part Two citing Fernandez vs
Lantin GR No L-44759. December 17, 1976).
Each nccasion of sexual intercourse constitutes a
crime of adultery (People v. Zapata, G.R. No. L-
3047, May 16, 1951).
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MITIGATING CIRCUMSTANCE: The criminal
liability is mitigated when adultery is committed while
being abandoned by her husband without
justification (RPG, Art. 333, Par. 3).
There is no crime of frustrated adultery (BOADO,
supra at 953).
ACQUITTAL OF ONE OF THE
DEFENDANTS WILL NOT
AUTOMATICALLY ACQUIT THE OTHER
1. There may not be a joint criminal intent, although
there is a joint physical act (REYES, Book Two,
supra at 1133).
2. One of the parties may be insane and the other
is sane (Id.).
3. The man may not know that the woman is
married
NOTE: The offendjng man must have
knowledge that the woman is married (Id,).
4. The death of the woman during the pendency of
the action cannot defeat the trial and conviction
"' :'of the rtian(U.S. v. De la Torre and Gregorio,
-' Y1.R.l'Ji/'8144, August 6, 1913).
5. Even if the man had left the country and could
not be a·l)ptehended, the woman can be tried
and cqnvicted (U.S. v. Topiflo, G.R. No. 11895,
December 20,. 1916).
REQUlRIMMID FOR PARDON:
1. Must 'c6rti~before the institution of the criminal
prosecution; and ·
:2., Both offenders must be pardoned (REYES,
· · :;'.;,:',liJ,:)pk 1)/t/O,
·, . ··, ..
~ ··~ supra at 1134).
Condonation is implied from sexual intercourse after
knowledge of the other infidelity. Such acts
necessarily implied forgiveness. It is entirely
consonant with reason and justice that if the wife
freely consents to sexual intercourse after she has
full knowledge of the husband's guilt, her consent
should operate as a pardon of his wrong (Bugayong
v. Ginez, G.R. No. L-10033, December 28, 1956).
EFFECT OF CONSENT
When there is consent, whether implied or
expressed, the husband cannot institute a criminal ,
complaint for adultery (REYES, Book Two, supra at
1135).
Consent applies to future acts while pardon refers to
past acts (People v. Schneckenburger, G.R. No. L-
48183, November 10, 1941).
For either consent or pardon to benefit the accused,
it must be given prior to the filing of a criminal
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complaint (Arroyo v. Court of Appeals, G.R. No. relations not required as long as it can be
96602, November 1·9, t991). inferred); or
c. ~ohabiting with her in any other place (as
While the agreement to separate is void in law, it is husband and wife); and
nevertheless, competent evidence to explain the 3. As regards the woman, she must Know him to
husband's inaction after he knew of his wife's living be married (Id.).
with her co-accused accomplice (REYES, Book
Two, supra at 1134). A married man who has sexual relations with a
woman not his wife will not make him liable for
Under the law, there can be no accomplice in the concubinage unless he does any of the acts
crime of adultery, although in fact there can be such specified in Art. 334 (Id.)
an accomplice (REYES, Book Two, supra at 1135).
Mistress
Recrimination To be considered a mistress, she must be taken and
Husband's illicit relationship does not absolve but sheltered in a conjugal dwelling as a concubine
may mitigate wife's liability for adultery (People v. (REYES, Book Two, supra at 1137).
Florez, C.A.-G.R. No. 26089-CR; April 6, 1964).
Conjugal Dwelling
ADULTERY AND PROSTITUTION, It is the home of the husband and wife, even if the
DISTINGUISHED wife happens to be temporarily absent on any
acco·unt (Id.).
~8ll.ll!wlliER!I · -~llrl!lll:11~1 ; .'
[:l.l!t,118} . . (;Klt!t.
1Si2J ~ Scandal
" .
It consists of any reprehensible word or deed that
':'❖ v
·
V hv
~s'
~ht
tmmatureoUtie Ciime
V ~'h ❖ ~~':;; ~;,
. · .~ offends public conscience, redounds to the
detriment of the feelings of honest persons, and
Crime against chastity Crime against public
gives occasion to the neighbor's spiritual damage or
morals
ruin (REYES, Book Two, supra at 1138).

Cohabit
Married woman Womah, whether married It means to dwell together, in the ~anner of husband
or not and wife, for some period of time, as distinguished
from occasional transient interviews for unlawful
intercourse (People v. Pitoc, G.R. No. 18513,
September 18, 1922).
Having sexual Habitual indulgence in
intercourse with a man sexual intercourse or The pendency of the case for declaration of nullity of
not her husband lascivious conduct for a l1Usbcmd'smarriage is not a prejudicial question to
money or profit the concµbinage case (Beltran v. People, G.R No.
(REYES, Book Two,supra at 441-443, 1127-1135 ). 137567; June 20, 2000).

NOTE: Adultery is more severely punished than

ARTICLE 334 concubinage because adultery makes possible the
CONCUBINAGE introduction of another man's blood into the family so
that the offended husband may have another man's
PERSONS LIABLE: son bearing his (husband's) name and receiving
1. The married man; and support from him (REYES, Book Two, supra at
2. The woman who knew that the man was married 1140).
(REYES, Book Two, supra at 1136).

ELEMENTS: (MAK)
1. That the man must be Married;
2. That he committed ~ny of the following acts:
(CSC)
a. Keeping a mistress in the ~onjugal dwelling
(mistress must live therein as such);
b. Having sexual intercourse under
§.candalous circumstances with a woman
who is not his wife (proof of actual sexual

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San Beda UniversityCOilegeof Law ~ RGCTBar Operatlons Center
CHAPTER TWO:
ACTS OF LASCIVIOUSNESS
(ARTS. 336)
ARTICLE 335
WHEN AND HOW RAPE IS COMMITTED ·
Art. 335 has been repealed by R.A. No. 8353 (Anti-
Rape Law •Of 1997) effective October 22, 1997.
Provisions on Rape are found in Arts. 266-A to 266-
D under Crimes against Persons (REYES, Book
Two, supra at 1142).
REPUBLIC ACT NO. 9995
ANTI-PHOTO AND VIDEO VOYEURISM
ACT OF 2009
(Refer to SPL part for a detailed discussion. See
page 470)
Approved on: February 15, 2010
PHOTO OR VIDEO VOYEURISM
The act of taking photo or video coverage of a
person or group of persons performing sexual acts
or any similar activities or of capturing an image of
the private area of a person or persons without the
latter's consent, under circumstances in which such
person/s has/have a reasonable expectation of
privacy; or the act of selling, copying, reproducing,
broadcasting, sharing, showing or exhibiting the
photo or video coverage or recordings of such
sexual acts or similar activities through VCD/DVD,
internet, cellular phones and similar means or
devices without the written consent of the person/s
involved, notwithstanding that consent to record or
take any photo or video coverage of the same was
given by such person/s (Sec. 3).
PROHIBITED ACTS: (TCSP)
1. To Iake any photo or video coverage of a
person or group of persons performing sexual
acts or any similar activities or to capture an
image of the private area of a person/s such as
the naked or undergarment clad genitals, pubic
area, buttocks or female breast without the
consent of the person/s involved and under
circumstances in which the person/s has/have a
reasonable expectation of privacy;
2. To ~opy or reproduce, or to cause to be copied
or reproduced, such photo or video or recording
of sexual act or any similar activity with or
without consideration;
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3. To §.ell or distribute, or cause to be sold or
distributed, such photo or video or recording of
sexual act, whether it be the ·original copy or
reproduction thereof; or
4. To -fublish or broadcast, or cause to be
published or broadcast, whether in print or
broadcast media; or show or exhibit the photo or
video coverage or recordings of such sexual act
or any similar activity through VCD/DVD,
internet, cellular phones and other similar
means or device (Sec. 4).
NOTE: The prohibition under Nos. 2, 3, and 4 shall
apply notwithstanding that consent to record or take
photo or video coverage of, the same was given by
such person/s. Any person who violates this
provision shall be liable for photo or video voyeurism
as defined.herein (Sec. 4).
ARTICLE 336
ACTS OF LASCIVIOUSNESS
ELEMENTS: (LEC-FoDFU)
1. That the offender commits any act of
,basciviousness or lewdness;
2. That the act of lasciviousness is committed
against a person of .5ither sex; and
3. That it is done under any of the following
~ircumstanc~s:
a. By using f.2rce or intimidation;
b. When the· offended party is Qeprived of
r~~l'.) o~otMrwise unconscious;
C. Bf mea'nf of fraudulent machination or
grave abuse of authority; or
d. When the offended party is Y,nder 12 years
, :9f age or is demented (REYES, Book Two,
"''supra at 1142-1143).
Lewd
It is defined as obscene, lustful, indecent, lecherous,
signifying that form of immorality which has relation
to moral impurity; or that which is carried on a
wanton manner (Lutap v. People, G.R. No. 204061,
February 5, 2018).
What constitutes lewd or lascivious conduct must be
determine,d from the circumstances of each case.
The presence or absence of the lewd designs is
inferred from the nature of the acts themselves and
the environmental circumstances (REYES, Book
Two, supra at 1146).
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ATTEMPTED RAPE AND ACTS OF INTIMIDATION NEED NOT BE

LASCIVIOUSNESS, DISTINGUISHED IRRESISTIBLE
In cases of acts of lasciviousness, it is not necessary
that intimidation be irresistible. It is sufficient that
some compulsion equivalent to intimidation annuls
or subdues the free exercise of the will of the
Manner of commission is the same. offended party (People v. Re/Iota, G.R. No. 168103,
August 3, 2010).
The performance of lascivious character is
common to both.

CHAPTER THREE:
When the acts There is no intent to· SEDUCTION 1 CORRUPTION
performed by offender have sexual intercourse. OF MINORS, AND WHITE
clearly indicate that his
purpose was to lie with
SLAVETRADE
the offended woman. (ARTS. 337-341)

The lascivious acts are The lascivious acts are ARTICLE 337
but the preparatory the final 9bjective sought QUALIFIED SEDUCTION
acts to the commission by the offender: ·
of rape.
SEDUCTION
(REYES, Book Two, supra at 954).
It means enticing a woman to unlawful sexual
In a case, the SC adopted the definition of
intercourse by promise of marriage or other means
"lascivious conduct" in Sec. 32, Art. XIII of the
of persuasion without use of force (REYES, Book
Implementing Rules and Regulations of RA.No.
Two, supra at 1154).
7610, which reads as follows:

'The intentional touching, e_ither.directly or through TWO. CLASSES: .

clothing, of the genitalia, anus, groin, breast, inner
thigh or buttocks; or the introduction of any object_
into the genitalia, anus or mouth of any person,
whether of the same or opposite sex, with an intent
to abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person;· bestia1ity,
masturbation, lascivious exhibition of the genitals or
pubic area of a person" (People v. Jalosjos, G.R. No.
132875-76, November 16, 2001).
Thus, when the "touching" of the vagina by the penis
is coupled with the intent to penetrate, attempted
rape is committed. Otherwise, it is merely acts of
lasciviousness (People v. Collado, G.R. No. 135667-
70, March 1, 2011).
There can be no attempted and frustrated acts of
lasciviousness (REYES, Book Two, supra at 1149).
The crime of consummated rape necessarily
absorbs acts of lasciviousness, the essence of which
is the commission of acts of lewdness without any
intention to lie with the woman (People v.
Tabarangao, G.R., No. 116535-36, February 25,
1999).,
1. Seduction of a virgin over twelve (12) years and
under eighteen (18) years of age by persons
who abuse their authority or the confidence
reposed in them; and
2 .. Seduction of a sister by her brother or
descendant by her ascendant, regardless of her
age and reputation (REYES, Book Two, supra at
1155).
ELEMENTS: (VOSA)
1. That the offended party is a ~irgin;
2. She must be Qver twelve (12) and under
eighteen (18) years of age;
3. That the offender had §.exual intercourse with
her; and
4. That there is Abuse of authority, confidence or
relationship on the part of the offender (Id.).
Virgin
It refers to a woman of chaste character or a woman
of good reputation. Virginity in this sense does not
mean physical virginity (People v. Yap, G.R. No. L-
25176, F_ebruary 27, 1968).

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Virginity is presumed if the girl is over 12 and
under 18 years of age, is unmarried and of good
· reputation (Babanto v. Zosa, G.R. No. L-32895,
February 28, 1983).
If there is no sexual intercourse and only acts of
lewdness are performed, the crime is acts of
lasciviousness under Art. 339 (REYES, Book Two,
supra at 1156).
Virginity of the sister or descendant is not required
and she may be over 18 years of age. Relationship _
must be by consanguinity. The relationship need not
be legitimate (Id.).
PERSONS LIABLE:
1. Those who abused their authority:
a. Persons in public authority;
b. Guardian;
c. Teacher; or
d. Person who, in any capacity, is entrusted
with the education or custody of the woman
seduced. ·
2. Those who abused confidence reposed in them:
a. Priest;
b. House servant; or
c. Domestic.
A "domestic" is different from a house
servant, it means any person living under ·
the same roof as a member of the same
household, and includes boarders or house-
guests but not transients or visitors (People
v. Subingsubing, G.R. Nos. 104942-43,
November 25, 1993). · ·
3. Those who abused their relationship:
a. Brother who seduced his sister; or
b. Ascendant who seduced his descendant
(REYES, Book Two, supra at 1156).
Deceit generally takes the form of unfulfilled promise
of marriage (People v. Iman, G.R. No. 42660,
September 12, 1935).
It is not required in simple seduction that the victim
be a virgin, as all that is necessary is that she is of
good reputation (People v. Yap, G.R. No. L-25176,
February 27, 1968). ·
Deceit must be alleged in the information for it to be
appreciated by the courts (Barba v. People, G.R. ,No.
L-3226!_-70, March 26, 1979).
The gist of quaiified seduction is the abuse of
authority, confidence, or relationship as the means
of committing the crime. In simple seduction, it is the
use of deceit. But in both kinds of seduction, there
must be sexual intercourse (BOADO, supra at 960).
QUALIFIED SEDUCTION AND SIMPLE
SEDUCTION, DISTINGUISHED
Virginity is .an essential Virginity is not an
element qt the crime. essential element of the
crime, but it is enough
that the woman is single
or a widow of good
reputation and has a
chaste life.
Asto Deceit
Deceit· ·rs not an Deceit is an essential
essential element of element of the crime.
the crime.

The fact that the girl gave her consent to the sexual As t() E:ommissi<>n
of the E:r-ime
intercourse is no defense. In the same way, lack of
Qualified seduction can Simple seduction can be
consent of the girl is not an element of the offense
be committed only with committed even without
(REYES, Book Two, supra at 1157).
abuse of authority, abuse of authority,
abuse of confidence, or abuse of confidence or
ARTICLE 338 abuse of relationship. abuse of relationship.
SIMPLE SEDUCTION

ELEMENTS: (ORSeD) This can be committed This may be committed

1. That the offended party is Over 12 and under 18 by specific offenders by any person so long
years of age; such as a person in as there is deceit.
2. That she must be of good Reputation, single or public authority, priest,
widow; house servant,
3. That the offender has Sexual intercourse with domestic, . guardian,
her; and teacher, or any person
4. That it is committed by means of Qeceit entrusted with the
(REYES, Book Two, supra at 1161). education or keeping of

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stating "over 12 years of age" should be construed

as twelve years-of age and over, thus construing the
doubt in favor of the accused. ·

the offended woman REPUBLIC ACT NO. 7877

seduced, a brother ANTI-SEXUAL HARASSMENT ACT
seducing his sister, or
ascendant seducing a (Refer to SPL part for further discussion. See page
descendant. 47~ .
(REYES, Book Two, supra at 1154-1163).

ARTICLE 339 Approved on: February 14, 1995

ACTS OF LASCIVIOUSNESS WITH THE
CONSENT OF THE OFFENDED PARTY
ELEMENTS: (LUA)
1. That the offender - commits acts of
,basciviousness or lewdnes·s;
2. That the acts are committed upon a woman who
is a virgin or single or a wigow. of good
reputation, Y.nder eighteen (18).years of age b.ut
over twelve (12) years, or a sister 9r descendant
regardless of her reputatiori or age; 'arid
3. That the offender accompli~es the ; acts by
Abuse of authority,· confidence·,.relationship or
deceit (REYES, Book Two, supra at 1164).
ACTS OF LASCIVIOUSNESS AND ACTS
OF LASCIVIOUSNESS wrrH CONSENT
OF OFFENDED PARTY,
DISTINGUISHED
PERSONS LIABLE
Employer, employee, manager, supervisor, teacher,
professor, instructor, coach, trainor, or any other
person having authority, influence, or moral
ascendancy over another in a work, education or
training-related environment (Sec. 3).
PUNISHABLE ACTS
Demanding, requesting, or otherwise requiring any_
sexual favor from the other, regardless of whether·
the demand, request, or requirement is accepted by
the object of the act (Sec. 3).
ARTICLE 340
- CORRtJPTION OF MINORS
ASAMf:NDED BY
BATAS PAM:BANSA BLG. 92
PUNISHABLE ACTS
Promoting or facilitating the prostitution or corruption
of persons under age to satisfy the lust of another
(REYES, Book Two, supra at 1166).

The term "persons under age" means under 18 years

Both treat of acts of lasciviousness. of age (REYES, Book Two, supra at 1167).

The offended party is The offended party The victim must be· of good reputation and not a
female or a male. should only be female. prostitute or corrupted person (Id.). ·

The acts are The acts of It is not necessary that the unchaste acts shall have
committed under lasciviousness are been done since what is being punished is mere act
circumstances which, committed under the of promotion or facilitation (Id.).
had there been carnal circumstances which,
knowledge, would had there been carnal REPUBLIC ACT NO. 7610
amount to rape. knowledge, would SPECIAL PROTECTION OF CHILDREN
amount to either
qualified seduction or
AGAINST ABUSE, EXPLOITATION AND
simple seduction. DISCRIMINATION ACT
(BOADO, supra _at956-957).
(Refer to SPL part for further discussion. See page
480)
There is an oversight in the law where the victim is
exactly twelve ( 12) years of age. If the victim is below Approved on: June 17, 1992
12, the crime will be rape, or unconsented acts of
lasciviousness or forcible abduction. Hence Art. 339

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San Beda UniversityCoilege of Law - RGCTBar OperatiOns Center

CHILD PROSTITUTION AND OTHER CHILD TRAFFICKING

SEXUAL ABUSE Any person who shall engage in trading and dealing
Childrnn whether male or female; who for money,. with children including, but not limited to, the act of
profit or other consideration or due to the coercion or buying and selling of a child for money, or for any
influence of any adult syndicate or group, indulge in other consideration, or barter (Sec. 7).
sexual intercourse or lascivious conduct are deemed
to be children exploited in prostitution and other THERE IS AN ATTEMPT TO COMMIT
sexual abuse (Sec. 5). CHILD TRAFFICKING:
1. When a child travels alone to a foreign country
PERSONS LIABLE: without valid reason therefor and without
1. Those who engage in or promote, facilitate or clearance. issued by the Department of Social
induce child prostitution which include, but are Welfare and Development or written permit or
not limited to the following: justification from the child's parents or legal
a. Acting as a procurer of a child prostitute; guardian;
b. Inducing a person to be a client of a child 2. When a person, agency, establishment or child-
prostitute by written or oral advertisements caring institution recruits women or couples to
or other similar means; bear children for the purpose of child trafficking;
c. Taking advantage of influence or 3. ·When a doctor, hospital or clinic official or
relationship to procure a child as a employee, nurse, midwife, local civil. registrar or
prostitute; any other person simulates birth for the purpose
d. Threatening or using violence towards a of child trafficking; or
child to engage him/her as a prostitute; or• 4. When a person engages in the act of finding
e. Giving monetary consideration, goods or children among low-tncome families, hospitals,
other pecuniary benefit to a child with the clinics, nurseries, day-care centers, or other
intent to engage such child in prostitution; . chih;:l:-duringinstitutions who can be offered for
2. Those who commit the act of sexual intercourse the purpose of child trafficking (Sec. 8).
or lascivious conduct with a child exploited in
prostitution or subjected to other sexual abuse; OBSCENE PUBLICATIONS AND
and
3. · Those who derive profit or advantage therefrom,
INDECENT, SHOWS;
whether as manager or owner of the PERSONS LIABLE:
establishment where the prostitution takes 1. Any'.:~rsof , shall ~ire, employ, use,
place, or of the sauna, disco, bar, resort, place. perstia•i:jn ce or coerce a child to perform in
of entertainment or establishment serving as a obscene exhibitions and indecent shows,
cover or which engages in prostitution in . whether live or in video, or model in obscene
addition to the activity for which the license has .Lr,1µ,l?Jic~!ionsor pornographic materials or to sell
been issued to said establishment (Sec. 5). -···or"aistribute the said materials; and
2. Any ascendant, guardian or person entrusted in
NOTE: There is also a crime of attempted child any capacity with care of a child who shall cause
prostitution under Sec. 5 pars. (a) and (b) of R.A. No. and/ or allow such child to be employed or to
7610 (Sec. 6). participate in an obscene play, scene, act, movie
or show in any other acts (Sec. 9).
There is an attempt to commit child prostitution when
any person who, not being a relative of a child, is R.A. NO. 7610 AND ACTS OF
found alone with the said child" inside the room or LASCIVIOUSNESS, WHO MUST
cubicle of a house, an inn, hotel, motel, pension
house, apartelle or other similar establishments,
PROSECUTE CRIMINAL ACTIONS
vessel, vehicle or any other hidden or secluded area Acts of
under circumstances which would lead a reasonable R.A. No. 'l610 L;aseiviousness
person to believe that the child is about to be (Art. 336}
exploited in prostitution and other sexual abuse
(Sec. 5, Par. a). Complaints on cases of The offenses of
unlawful acts· committed seduction, abduction
There is also an attempt to commit child prostitution against the children as and acts · of
when any person is receiving services from a child enumerated herein may lasciviousness shall not
in a sauna parlor or bath, massage clinic, health club be filed by the following: be prosecuted except
and other similar establishments (Sec. Par. b). 5; 1. Offended party; upon a complaint filed
2. Parents or by the:
guardians; 1. Offended party;

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Acts of
R.A. No. 7610 Easeiviousness
(Art. 316)

3. Ascendant or 2. Her parents;

collateral relative 3. Grandparents; or
within the third 4. Guardian, nor, in May not necessarily be Generally for profit
degree of any case, if the for profit
consanguinity; offender has been
4. Officer, social expressly
worker or pardoned by any of
representative of a them. Committed by a single Generally committed
licensed child-caring act habitually
· institution; If the offended party (REYES, Book Two, supra at 1166-1170 and
5. · Officer or social dies or becomes 1173).
worker of the incapacitated before
Department of she can file the ABDUCTION
Social Welfare and complaint, and she has
The taking away of a woman from her house or the
Development; no known parents,
. place where she may be for the purpose of carrying
6. Barangay chairman; grandparents or
her to another place with intent to marry or corrupt
or guardian, the State
her (People v. Crisostomo, G.R. No. L-19034,
7. At least three (3) shall initiate 'the
F~bruary 17, 1923).
concerned criminal· action iri her
responsible citizens behalf (RULI=S OF
where the violation COURT, Rule 110, TWO KINDS OF ABDUCTION:
occurred (R.A. No. Sec. '5). 1. Forcible abduction (Art. 342); and
7610, Sec. 27). 2. Consented abduction (Art. 343).

ARTICL~·341
WHITE SLAVE TRADE CHAPTER FOUR:
ABDUCTION
PUNISHABLE ACTS: (BuPS)
1. Engaging in the Businessof prostitution;
(ARTS. 342~343)
2. frofiting by prostitution; anc .
3. Enlisting the §.ervices of women for the
purpose of prostitution (REYES, Book Two,
· ARTICLE 342
supra at 1173).
ABDUCTION
The first two modes require the element of profit and
habituality. In the third mode, the profit motive is not · ELEMENTS: (WAL)
required, nor is habituality an element thereof 1. That the person abducted is a Woman
(REGALADO, supra at 769). regardless of her age, civil status, or reputation;
2. That the abduction is ~gainst her will; and
CORRUPTION OF MINORS AND WHITE 3. That the abduction is with _bewddesigns (People
SLAVE TRADE, DISTINGUISHED v. Villanueva y Bautista, G.R. No. 230723,
February 13, 2019).

FORCIBLE ABDUCTION AND GRAVE

COERCION / KIDNAPPING,
DISTINGUISHED
It is essential that Minority need not be
victims are minors involved

As to Sex of tne Victims

May have victims of Limited only to females

either sex

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; h y h Y h Y

There is no complex crime of forcible abduction with

111lilillll'
, . ·. :l:sfll)im:e111h,at:ien
y' h :;: h ~ y
rape if the primary objective of the accused is to
There is no deprivation There is deprivation of commit rape (People v. Domingo, G.R. No. 2257 43,
of liberty. liberty. June 7, 2017).

(REYES, Book Two, supra at 1187).

ARTICLE 343
Conviction of acts of lasciviousness is not a bar to CONSENTED ABDUCTION
conviction of forcible abduction (REYES, Book Two,
supra at 1190). ELEMENTS: (VOCoL)
1. That the offended party must be a ~irgin;
·· Attempted rape is absorbed by forcible abduction as 2. That she must be Over 12 and under 18 years
the former constitutes the element of lewd design of age;
(People v. Egan, G.R. Nb. 139338, May 28, 2002). 3. That the taking away of the offended party must
be with her Consent, after solicitation or cajolery
Forcible abduction is a continuing crime. As such, from the offender; and
the. criminal action may be instituted in the proper 4. That the taking away of the offended party must
court of any province in which the offense is be with _bewd designs (REYES, Book Two,
continued (People v. Pineda, G.R. No. L-44205, supra at 1191).
February 16, 1993).
Virginity is an essential element. The virginity
If the female abducted is under twelve (12) years of mentioned, as an essential ingredient in the crime of
age -crime is always forcible abduction even if she abduction with consent, should not be understood in
.voluntarily goes with her abductor (REYES, Book ..· its material sense and does not exclude the idea of
Two, supra at 1184). ··•abduction of a virtuous woman of good reputation,
...___ because the :'essenceof the offense is not the wrong
Sexual intercourse is not necessary in forcible
abduction. The intent to seduce the girl is sufficient
to
done theWqman, but the outrage to the family and
the alarm produce in it by the disappearance of one
(U.S. v. Ramirez, G.R. No. 13997, March 8, 1919). of its memtrers {Valdepenas v. People, G.R. No. L-
The virginity of the offended woman is not an 20687, April 30, 1996).
1- ,· ,
essential element of the crime of forcible abduction.
(People v. Torres, G.R. No. L-43406, January 30, CRIMES AGAINST CHASTITY WHERE
1936).
.. AGE~.~ DTATION OF THE VICTIM
When the accused forcibly took away the victim, for ARE IMM,( RIAL:
the purpose of raping her, as in fact he did rape her, 1. .. Acts of lasciviousness against the will of the
lewd and unchaste designs existed since the ·····•
:-\~?;Qff~nded party or against a sister or descendant;
commencement of the crime. As a result, the · :2:'1lstltfatified
seduction of sister or descendant; and
accused committed the complex crime of forcible 3. Forcible abductio.n(REYES, Book Two, supra at
abduction with rape (People v. Espiritu, G.lf No. 1191).
128870, October 27, 1999).
When a 15-year-old girl was induced by the accused
ELEMENTS OF THE COMPLEX CRIME to leave her home and later was forcibly violated by
OF FORCIBLE ABDUCTION WITH RAPE him, the accused is guilty of the complex crime of
consented abduction with rape (People v. Amante,
(C-FI-D): G.R. No. L-25604, December 6, 1926). ·
1. The abductor has g_arnal knowledge of the
abducted woman;
2. By using force or !ntimidation;
3. When the. woman is Qeprived of reasori or CHAPTER FIVE:
otherwise unconscious or when the woman is
under 12 years of age or is demented (People v. PROVISIONS RELATING TO
Domingo, G.R. No. 225743, June 7, 2017). THE PRECEDING
There can only be one complex crime of forcible
CHAPTERS OF TITLE
abduction with rape. Thus, the subsequent acts of ELEVEN
rape can no longer be considered as separate (ARTS. 344-346)
complex crimes of forcible abduction with rape
(People v. Garcia, GR. No. 141125, February 28,
2002).

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ARTICLE 344
PROSECUTION OF THE CRIMES OF
ADULTERY, CONCUBINAGE,
SEDUCTION, ABDUCTION, RAPE AND-
ACTS OF LASCIVIOUSNESS
HOW PROSECUTED:
1. Adultery and concubinage must be prosecuted
upon the complaint signed by the. offended
spouse (and in the absencB of an express or
implied pardon).
2. Seduction, abduction and acts of lasciviousness
must be prosecuted upon the complaint signed
by (and in the absence of an express pardon)
the offended party -
a. Even if a minor; or
b. If of legal age and not incapacitated, only
she can file complaint.
If a minor or incapacitated and refuses to file e,ither
of the next succeeding persons may file: · except when the offended party has no parents or
1.. Either of the parents;
2. Either of the grandparents whether paternal or
maternal side; · ·
3. Legal or judicial guardians; or
4. The State, as parens patriae when the offended
party dies or becomes i!'lcapacifated before she
could file the complaint and she has no known
parents, grandparents or guardians (RULES OF
COURT, Rule 110, Sec. 5). .
Rape is now a crime againstpet$ons, which may be
prosecuted de officio (R.A. No. 8353,,Sec. 2). ·
In case of complex crimes, where ooe of the
component offenses is a public crime the •criminal
prosecution may be instituted by the_ public
prosecutor (People v. Yu, G.R. No. L~13780,
January 28, 1961).
REASON: Since one of the component offenses is
a public crime, the latter should prevail because
public interest is always paramount to private
interest (People v. Yu, G.R. No. L-13780, January
28, 1961).
In adultery and concubinage, the offended party
must institute the criminal prosecution against both
the guilty parties, if both of them are alive (RPG, Art.
344, Par. 2).
The right to file the action granted to the parent,
grandparent or guardian shall be exclusive of all
other persons and shall be exercised successively in
the order provided by law (REYES, Book Two, supra
at 1197).
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CRIMINAL LAW II
eriminal Law
PARDON. IN CRIMES AGAINST
CHASTITY
Pardon in adultery and concubinage must come
before the institution of the criminal action and both
offenders must be pardoned by the offended party if
said pardon is to be effective (People v. Infante, G.R.
No. L-36270, August 31, 1932).
Pardon in seduction must also come before the
institution of the criminal action (People v. Miranda,
G.R. No. 38171, October 6, 1932).
Since condonation is forgiveness based upon the
belief that the guilty party has repented, any
subsequent act of the offender showing that there
was no repentance will not bar the prosecution of the
offense (REYES, Book Two, supra at 1201).
Pardon by the offended party who is a minor must
have the concurrence of both parents (People v.
Makifang, G.R. No. 139329, October 23, 2001);
the offender is her own father and mother is dead
(REYES, Book Two, supra at 1203).
Marriage of th·e offender with the offended party in
seduction, abduct!Oi1 and acts of lasciviousness
extinguishes criminal action or remits the penalty
already imposed, and it benefits the co-principals,
accomplices ·and ~,sories. In rape, it extends
only as to the prindpal (RPG, Art. 344, Par. 4).
ARTICLE 345
ClVIL LIABILITY OF PERSONS GUil TY
OF CRIMES AGAINST CHASTITY
PERSONS WHO ARE GUil TY OF RAPE,
SEDUCTION OR ABDUCTION SHALL
ALSO BE SENTENCED: (105)
1. To Indemnify the offended woman;
2. To acknowledge the Offspring, except:
a. In adultery and concubinage since only an
illegitimate child may be acknowledged;
b. Where either the offended party or the
accused is married;
c. When paternity cannot be determined as in
multiple rape; and
d. Other instances where the law should
prevent the offender from doing so; and .
3. In every case to §upport the offspring (REYES,
Book Two, supra at 1206).
Moral damages may be recovered both by the
offended party and her parents (REYES, Book Two,
supra at 1207).
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MEM:Q:RY
AlD
San Seda UniversityCOiiegeof Law - RGCTBar Operations Center

NOTE: Under the Family Code; children are

classified as only either legitimate or illegitimate, with CHAPTER ONE:
· no further positive act required from the parent, as
the. law itself provides the child's status (REYES,
SIMULATION OF BIRTHS
Book Two, supra at 1208). AND USURPATION OF-CIVIL
STATUS
The Family Code confers parental authority over
illegitimate children on the mother and provides their (ARTS. 34 7-348)
entitlement to support in conformity with the Family
Code (FAMILY CODE, Art. 176).
ARTICLE 347
ARTICLE 346
SIMULATION OF BIRTHS,
LIABILITY OF ASCENDANTS,
SUBSTITUTION OF ONE CHILD FOR
GUARDIANS, TEACHERS, OR OTHER
ANOTHER, AND CONCEALMENT OR
PERSONS ENTRUSTED WITH THE
ABANDONMENT OF A LEGITIMATE
CUSTODY OF THE OFFENDED PARTY
CHILD
Persons who cooperate as accomplices but are
punished as principals in seduction, abduction, acts
of lasciviousness, acts of lasciviousness with the PUNISHABLE ACTS:
consent of the offended party, corruption of minors, 1. Simulation of births;
white slave trade (AGCTA): 2. Substitution of one child for another; and
1. Ascendants; 3. Concealing or abandoning any legitimate child
2. Guardians; with intent to cause such child to lose its civil
3. _g_urators; .status (R,l;.YES, Book Two, supra at 1213).
4. Teachers; and \' .':•i '.~
·.f\_f>.:.:'f• :·:
5. Any person, who cooperates as accomplice with Object of the bri01e under Art. 347 is the creation of
abuse of authority or confidential relationship false, or the;C$Using of the loss of, civil status (Id.).
(REYES, Book Two, supra at 1210). , . ,,

SIMULATION'OF BIRTHS .
The above-mentioned persons who act as When the woman pretends to be pregnant when in
accomplices in crimes against chastity (except
fact shejs :llQt,:artd on the day of the supposed
adultery and concubinage where there can be no delive~,:~~sthe.:~ild of another as her own (Id.)."
accomplices or accessories), shall be punished as . . , . .

principals (RPG, Art. 346, Par. 1).
In addition, teachers or persons entrusted with
education and guidance of the youth are penalized
with temporary special disqualification in . its
maximum period to perpetual special disqualification
(RPC, Art. 346, Par. 2).
Furthermore, all those falling within the'terms of this
article shall be punished with special disqualification
from filling the office of guardian (RPG, Art. 346, Par.
3).
TITLE TWELVE:
CRIMES AGAINST THE
CIVIL STATUS OF
PERSONS
The operative act in the simulation is the registration
()fthe child in the registry of births as the pretending
•pa:~nt's own. The simulation is a crime is which
alters the civil status of person {Id.).
The woman who simulates birth and the one who
furnishes the child are both liable as principals (Id.).
The unlawful sale of the child by his father was held
to be not punishable under the RPC (U.S. v. Capillo,
G.R. No. 9279, March 25, 1915). Now, it is
punishable under P.O. No. 603, under Art. 59(3)
· which imposes two to six (2-6) months imprisonment
and/or a µ500.00 fi"ne. Furthermore, if the accused
shall engage in trading and dealing with children,
including the act of buying and selling of children,
this type of child trafficking is punished with reclusion
temporal to reclusion perpetua (R.A. No. 7610, Sec.
7).
ELEMENTS OF CONCEALING OR
ABANDONING A LEGITIMATE CHILD:
(LAC)
1. The child must be !:egitimate;
2. The offender conceals or Abandons such child;

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_CRIMINALLAW II
Criminal Law

3. The offender has the intent to cause such child which determine a person to a given class. It seems
to lose its Civilstatus (REYES, Book Two, supra that the term "civil status" includes one's profession
at 1214). (Jd.).

The child must be legitimate and a fully developed
and living being (U.S. v. Capilla, G.R. No . .9279,
March 25, 1915).
Abandon
It means to leave a child in a public place where
other people may find the child (I~.).
INTENT TO ENJOY RIGHTS
It is absolutely necessary in order to constitute this
crime that the intent of the offender is tb enjoy the
rights arising from the civil status of the person
impersonated. Otherwise, the case will only be a
violation of Art. 178 for using a fictitious name, or as
estafa under.Art. 315 (Id.).

ABANDONING A MINOR_AND For example, where the intent of such usurpation is

SIMULATION OF BIRTHS,
SUBSTITUTION OF ONE CHILD FOR
ANOTHER, AND CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE
CHILD, DISTINGUISHED
merely to enjoy or use the usurped civil rights, as by
using another's license or getting a cedula in
another's name, to avoid military service. or to get a
passport, it would not be punishable under this
article(// Cuello Galon, Codigo Penal, 10th edition, p.
670).

CHAPTER TWO:
ILLEGAL MARRIAGES
(ARTS. 349-352)

ARTICLE 349
BIGAMY
Cri_me against the
status of a person
ELEMENTS: (Let>iCE)
. · As to l:i>ffenler 1. That the offender is Legally married;
",; h ~ y ~ ~

2. That the marriage has not been Dissolved or, in

The one who has Any person
custody of the child
To avoid the obligation To cause the child to lose
of rearing and caring its civil status
for the child
(REYES, Book Two, supra at 759-761, 1212-1217).
ARTICLE 348
USURPATION OF CIVIL STATUS
Usurping the civil status of another is committed by
assuming the filiation or the parental or conjugal
rights of another, with intent to enjoy the rights
arising from the civil status of the latter (REYES,
Book Two, supra at 1216-1217). ·
NOTE: .The crime is qualified if the purpose is to
defraud the offended party or his heirs (Id.).
The term "civil status" includes one's public station,
or the rights, duties, capacities and incapacities
.-case the spouse is absent, the absent spouse
could not yet be presumed dead according to
the Civil Code;
3. That he f_ontracts a second or subsequent
marriage; and
4. That the second or subsequent marriage has all
the gssential r:equisites for validity (REYES,
Book Two, supra at 1218). ·
The first marriage must be valid (Id.), If it is void or
voidable, bigamy may still be committed if there is no
judicial declaration of nullity or annulment of the first
marriage. Although marriages that are void ab initio
do not create any marital vinculum, Article 40 of the
Family Code now requires that.there must first be a
judicial declaration of the nullity of the marriage
before contracting a second marriage. A marriage is
presumed valid until declared as void ab initio
(Mercado v. Tan, G.R. No. 137110, August 1, 2000).
Under the law, a marriage, even one which is void or
voidable, shall be deemed valiq until declared
otherwise in a judicial proceeding. Even if petitioner
eventually obtained a declaration that his first

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MEM✓Q~Y AID
San Beda UniversityCollege of Law " RGCTBar Operations Center
marriage was void ab initio, the point is, both the first
and the second marriage were subsisting before the
first marriage was annulled (Abunado v. People,
G.R. No. 159218, March 30, 2004).
It is essentiaJ in the prosecution for bigamy that the
alleged second marriage, having all the essential
requirements, would be valid were it not for the
subsistence of the first marriage. It does not matter
whether the first marriage is void or voidable
because such marriages have juridical effects until
lawfuHy dissolved by a court of competent
jurisdiction (Manuel v. People, G.R. No. 165842,
November 29, 2005).
A petition for declaration of nullity of the first
marriage is not a prejudicial civil question that will
operate to suspend the criminal action for bigamy
(Mercado v. Tan, G.R. No. 137110, August 1, 2000).
The subsequent judicial declaration of the nullity of
the first marriage is immaterial if the crime of bigamy
has been consummated prior to said declaration.
(Capili v. People, G.R. No. 183805, July 3, 2013).
Bigamy is a public crime, thus, its prosecution may
be initiated by anyone (REYES, Book Two, supra at
1230).
Only if the second spouse had knowledge of the
previous undissolved marriage of the accused could
she be included in the Information as a co-accused.
(Santiago v. People, G.R. No. 200233, July 15,
2015).
A person convicted of bigamy may still be
prosecuted for concubinage (Id.).
The death of the first spouse during the pendency of
the bigamy case does not extinguish the crime,
because when the accused married the second
spouse the first marriage was still subsisting
(REYES, Book Two, supra at 1222).
PERSONS LIABLE AS
ACCOMPLICE:
1. The second spouse who knew of the first
marriage; or
2. The person who falsely vouched for the capacity
of either of the contracting parties (REYES,
Book Two, supra at 1230).
3. The person, whether man or woman, who
knowingly consents or agrees to be married to
another already bound in lawful wedlock
(Santiago v. People, G.R. No. 200233, July 15,
2015).
The prescriptive period for the crime of bigamy does
not commence from the commission thereof but from
the time of its discovery by the complainant spouse.
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While it may be conceded that the bigamous
marriage was celebrated publicly in church and
recorded in the Office of the Civil Registrar, the ruie
on constructive notice cannot apply (REGALADO,
supra at 787-788). ·
A declaration of the nullity of the second marriage on
the ground of psychological incapacity · is of
absolutely no moment insofar as the State's penal
laws are concerned. Since a marriage contracted
during the subsistence of a valid marriage is
automatically void, the nullity of this second marriage
is not per se an argument for the avoidance of
criminal liability for bigamy (Tenebro v. Court of
Appeals, G.R. No. 150758, February 18, 2004).
An action for annulment of the second marriage on
the ground that the same was entered into through
force, intimidation is a prejudicial question that will
operate to suspend the proceeding. for bigamy
(Zapanta v. Montesa, G.R. No. L-14534, February
28, 1962).
NOTE: The SC held that a divorce obtained by a
Filipino spouse against her foreign . spouse
cagacitates .him/her to remarry because Article 26,
·Par. 2 9fth~ Family Code is a corrective measure to
avoid the absurd situation where the Filipino spouse
is tied to the marriage while the foreign spouse is
free to marry ·under the laws of his or her country.
Whether the Filipino spouse initiated the foreign
divorce proceeding or not, a favorable decree
dissolving the marriage bond and capacitating his or
her a Nert$PQtJS8to:retharry will have the same result
of dissolving the marriage, as far as the Filipino
spouse is concerned (Republic v. Manalo, G.R. No.
221029, April 24, 2018).
a
Where marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, the
Filipino spouse shall have capacity to remarry under
.. Philippine law (FAMILY CODE, Art. 26, Par. 2).
AN The provision of bigamy does not apply to persons
married under the Muslim Code (P.O. No. 1083, Art.
180).
If the second marriage is not perfectly valid for
causes other than the existence of a first marriage,
the crime is illegal marriage under Article 350.
(BOADO, Compact Reviewer, supra at 648).
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CRIMINAL LAW II
Criminal Law

BIGAMY AND ARTICLE 351

ADULTERY/CONCUBINAGE, PREMATURE MARRIAGES
DISTINGUISHED
ART. 351 ALREADY DECRIMINALIZED
R.A. No. 10655, approved on March 13, 2015,
decriminalized the contracting · of a premature
marriage by a woman· but without prejudice to the
provisions of the Family Code on paternity and
filiation.

PERSONS LIABLE:
1. A widow who married within 301 days from the
date of the death of her husband, or before
Has no effect Bars the prosecution of having delivered if she is pregnant at the time of
the case his death; and
2. A woman whose marriage having been annulled
As to Manner of ~ammission or dissolved, married before delivery or before
expiration of the period of 301 days after the
Celebration of the Mere cohabitation by the date of legal separation.
second marriage with husband with a woman
the first still existing who is not a wife
ARTICLE 352
PERFORMANCE OF ILLEGAL
MARRIAGE CEREMONY
At the instance of the Only at the instance of Priests or ministers of any religious denomination or
State the.offeridecf party sect, or civil authorities who shall perform or
(People v. Schneckenburger, GR. No. 48183, authorize any illegal marriage ceremony shall be
November 10, 1941). punished under the Marriage Law.

ARTICLE 350 Art. 352 presupposes that the priest or minjster or

civil authority is authorized to solemnize marriages.
MARRIAGE CONTRACTED AGAINST If the accused is not authorized to solemnize
PROVISIONS OF LAWS marriage and he performs an illegal marriage
(ILLEGAL MARRIAGE) ceremony, he is liable under Art. 177 (i.e., usurpation
of authority or public function) (REYES, Book Two, -·
ELEMENTS: (CRIB) supra at 1234).
1. That the offender fontracted marriag·e; ··.
The solemnizing officer of illegal marriages who
2. That he knew at the time that
performs .. or authorizes the same, despite his
a. The ,Requirements of the law were not
knowledge of the illegality, shall be punished under
complied with; or
Sec. 39 of Act 3613 (/d.).
b._ The marriage was in disregard of a legal
!mpediment; and
3. The offender must not be guilty of ~igamy
(REYES, Book Two, supra at 1230).
TITLE THIRTEEN:·
QUALIFYING CIRCUMSTANCE: If either of the
contracting parties obtains the consent of the other
CRIMES AGAINST
by means of violence, intimidation or fraud (RPG, HONOR
Art. 350, Par. 2).

Conviction of a violation of Art. 350 involves moral

turpitude (REYES, Book Two, supra at 1233). CHAPTER ONE:
LIBEL
(ARTS. 353-362)

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MEK✓Q~Y AID
San Beda University College of law - RGCT Bar Operations Center
SECTION ONE:
DEFINITIONS, FORMS, AND
PUNISHMENT OF THE CRIME
ARTICLE 353
LIBEL
ELEMENTS: (IPMaDiC)
1. That there must be an !mputation of a crime, or
a vice or defect, real or imaginary, or any act,
omission, condition, status or circumstance;
2. That the imputation must be made fublicly;
3. That it must be Malicious;
4. That the imputation must be Directed at a
natural person or a juridical person, or one who
is dead; and
5. That the imputation must tend to ~ause the
dishonor, discredit, or contempt of the person
defamed (REYES, Book Two, supra at 1239).
Dishonor
It means disgrace, shame or ignominy (REYES,
Book Two, supra at 1250).
Discredit
It means loss of credit or reputation; disesteem (Id.).
Contempt
It means state of being despised (Id.).
Publication
It is the communication of the defamatory matter to
some third person or persons. Thus, sending a letter
containing defamatory words against 'another to a
i!·;•·h,wo.·::r¥PEs
thi.rd person is sufficient publication (REYES, Book
Two, supra at 1243).
TEST OF DEFAMATORY CHARACTER
OF THE WORDS USED
A charge is sufficient if the words are calculated to
induce the hearers to suppose and understand that
the person against whom they were uttered was
guilty of certain offenses, or are sufficient to impeach
the honesty, virtue or reputation, or to hold him up to
public ridicule (REYES, Book Two, supra at 1239).
In determining whether a statement is defamatory,
the words used are construed in their entirety and
taken in their plain, natural and ordinary meaning as
they would naturally be understood by persons
reading them, unless it appears that they were used
and understood in another sense (Manila Bulletin
Publishing Corp v. Domingo, G.R. No. 170341, July
5, 2017).
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To satisfy the element of identifiability, it must be
shown that at least a third person or a stranger was
able to identify him as the object of the defamatory
statement (BOADO, Compact Reviewer, supra at
653).
The meaning of the writer is immaterial. The
question is, not what the writer meant, but what he
conveyed to those who heard or read (MVRS
Publications, Inc. v. Islamic Da'wah Council of the
Philippines, Inc., G.R. No. 135306, January 28,
2003).
If criminal intention is imputed against another, it is
not considered libelous because intent to commit a
crime is not a violation of the law (REYES, Book
Two, supra at 1242).
An expression of opinion by one affected by the act
of another and based on -actual fact is not libelous
(Id.).
Where the words imputed are not defamatory in
character, a libel charge will not prosper regardless
ift~ere is n1:a,[iceor not (Manila Bulletin Publishing
.Ci,ip.v.Qom1iJgo,
c''.:,,
''- ::<", . .~
G.R. No. 170341, July 5, 2017).
~ '.;_I,, ,
-
IMPUTATION MAY COVER:
1. Crime ,;allegedly committed by the offended
party;; • ,
2_. Vice or ddfect;,real or imaginary, of the offended
p~;o.r ..t...... ':. •
3. Ah,+l~.1.t~ion, condition, status of, or
circumstaf'rcas relating to the offended party
(REYES, Book Two, supra at 1242).
oF MALICE:
1. Malice in fact
is a positive desire and an intention to annoy
and injure. It may denote that the defendant was
actuated by ill will or personal spite. It is also
called express malice, actual malice, real
malice, true malice, or particular malice,
2. Malice in law
is a presumption of law. It dispenses with the
proof of malice when words that raise the
presumption are shown to have been uttered. It
is also known as constructive malice, legal
malice, or implied malice (Yuchengco v. The
Manila Chronicle Publishing Corp., G.R. No.
184315, November 25, 2009). ·
When the communication is privileged, malice is not
presumed from the defamatory words. Malice (in
fact) must be proved (REYES, Book Two, supra at
1245).
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GUIDELINES WHEN SEVERAL
PERSONS ARE DEFAMED:
1. If the defamation is made on different occasions
or by independent acts, there are as many
crimes of libel as there are persons directly
addressed with such statements or directly
referred to (Soriano v. /AC, G.R. No. 72383,
November 9, 1988).
2. If the defamation is made on a single occasion:
a. If defamatory words are used broadly in
respect to a large class or group of persons,
and there is nothing that points, or by proper
colloquium or innuendo can be made to
apply, to a particular member of the class or
group, no member has a right of action for
libel or slander. Where the defamatory
matter had no special, personal application
and was so general that no individual
damages could be presumed, and where
the class referred to was so numerous that
great vexation and oppression might grow
out of the multiplicity of suits, no private
action could be maintained (MVRS
Publications Inc. v. Islamic Qa'wah Council
of the Philippines, Inc.).
b. If the statement is . so sweeping or all-
embracing as to apply to every individual in
that group or class so that each Individual
therein can prove that .the defamatory
statement specifically pointed to him, he can
bring his action separately (Newsweek Inc.
v. /AC, G.R. No, L-63559, May 30, 1986).
c. If several identifiable victims are libeled in a
single article, there are as many crimes of
libel as there are persons defamed (Soriano
v. /AC, G.R. No. 72383, November 9, 1988). .
ARTICLE 354
REQUIREMENT OF PUBLICITY
Every defamatory imputation is presumed tb be
malicious, even if it be true, if no good intention and
justifiable motive for making it is shown (RPG, Art.
354).
THE PRESUMPTION OF MALICE IS
REBUTTED IF IT IS SHOWN BY THE
ACCUSED THAT:
1. The defamatory imputation is true, in case the
law allows proof of the truth of the imputation
(see Art. 361 );
2. It is published with good intention; or
3. There is justifiable motive for making it (REYES,
Book Two, supra at. 1253).
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CRIMINAL LAW II
Criminal Law
MALICE IS NOT PRESUMED IN THE
FOLLOWING CASES INVOLVING
QUALIFIEDLY PRIVILEGED
COMMUNICATION:
1. Private communication made by any
person to another in the performance of
any legal, moral or social duty (RPG, Art.
354, Par. 1).
Requisites of the first kind of privileged
communication: (LAG)
a. That the person who made the
communication had a _begal,moral or social
duty to make the communication, or, at
least, he had an interest to be upheld;
b. That the communication is Addressed to an
officer or a board, or superior, having some
interest or duty in the matter; and
. c. That the statements in the communication
are made in Good faith without malice (in
fact).
The defense of privileged communication
will be overcome if it is shown that:
1. The defendant acted with malice in fact; or
2. There is no reasonable ground for believing
the charge to be true (REYES, Book Two,
supra at 1256).
2. A fair and true report, made in good faith',
without any comments or remarks, of
any judicial, legislative, or other official
progeedings which are not of
confidential nature or of any statement,
report, or ~peech delivered in said
proceedings, or of any other act
performed · by public officers in the
exercise of their functions (RPG, Art. 354,
Par. (2)).
Requisites of the second kind of privile.ged
communication:
a. That it is fair and true report of a judicial,
legislative, or other official proceedings
which-are not of a confidential nature, or of
a statement, report or speech delivered· in
said proceedings, or of any other act
performed by a public officer in the exercise
of his functions;
b. That it is made in good faith; and
c. That it is without any comments or remarks
(REYES, Book Two, supra at 1265 ).
Therefore, qualified privileged communications must
be made with malice and bad faith in order to be
actionable (REYES, Book Two, supra at 1254).
An absolutely privileged communication is not
actionable even if made in bad faith. Specifically
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recognized in the Constitution as absolutely ARTICLE 355

privileged are statements made in official
LIB.EL BY MEANS OF WRITINGS
proceedings of Congress by members thereof, as an
implementation of their parliamentary immunity {Id.). OR SIMILAR MEANS

Absolute Privileged Statements (APS) are not WAYS OF COMMITTING LIBEL BY

actionable regardless of th~ existence of malice in MEANS OF WRITINGS OR SIMILAR
fact. Examples are privileged speeches by members MEANS: (P3WETLACE)
of Congress (BOADO, Compact Reviewer, supra at
653-654). 1. f_rinting;
2. fhonograph;
Statements made in judicial proceedings are 3. fainting;
privileged but only if pertinent or relevant to the case 4. Writing;
involved (Armovit v. Purisima, G.R. No. L-39258, 5. s_ngraving;
November 15, 1982). 6. !heatrical exhibition;
7. bithography;
The enumeration under Art. 354 is not an exclusive 8. · A_nysimilar means;
list of qualified privileged communication (Borja/ v. 9. ~inematographic radio; or
Court of Appeals, G.R. No. 126466, January 14,
10. s_xhibition
1999). (REYES, Book Two, supra at 1278).

Defamation through an amplifier system is slander

TWO KINDS OF PRIVILEGED and not libel (People v. Santiago, GR. No. L-17663,
COMMUNICATIONS May 30, 1962).

However, slanderous statements forming part of a

manuscript• read by a speaker over the radio
constitute libel (People v. Santiago, G.R. No. L-
17663, May 30; 1962).
Totally not actionable, Actionable, . provided
regardless of the the presence of malice If defamatory remarks are made in the heat of
existence of malice in in fact or actual malice passion which culminated in a threat, the derogatory
fact is established statements will not constitute an independent crime
of libel but a part of the more serious crime of threats
(BOADO, Boak Two, supra at 653-655). (REYES, Book Two, supra at 1279).

DOCTRINE OF FAIR COMMENT ARTICLE 356

While in general, every discreditable imputation
publicly made is deemed false, because every man
is presumed innocent until his guilt is judicially
proved, and every false imputation is .directed
against a public person in his public capacity, it is nof
necessarily actionable (Borja/ v. Court of Appeals,
G.R. No. 126466, January 14, 1999).
CRITICI.SM
Deals only with such things as shall invite public
attention or call for public comment. It does not
follow a public man into his private life nor pry into
his domestic concerns. If one's good name is
assailed in the newspaper, he may reply by
defending himself, and if his reply is made in good
faith, without malice and is not unnecessarily
defamatory of his assailant, it is privileged (REYES,
Book Two, supra at 1271).
Retaliation or vindictiveness cannot be a basis of
self-defense in defamation (REYES, Book Two,
supra at 1273).
;,THREATENING TO PUBLISH AND
OFFER TO PREVENT SUCH
PUBLICATION FOR A COMPENSATION
PUNISHABLE ACTS:
1. Threatening another to publish a libel
conceming him, or his parents, spouse, child or
other members of the family; and
2. Offering to prevent the publication of such libel
for compensation or money consideration
(REYES, BookTwo, supra at 1282).
BLACKMAIL
It is any unlawful extortion of money by threats of
accusation or exposure (U.S. v. Eguia, G.R. No.
13540, October 24, 1918). ·
It is essential that the threatto publish, or to offer to
prevent the publication of libel must be for a
compensation or monetary consideration in order
that it may be penalized under this article (REYES,
Book Two, supra at 1283).

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party (REYES, Book Two, supra at 1287).

BLACKMAIL IS POSSIBLE IN THE
FOLLOWING CRIMES: The slander need not be heard by the offended party
(REYES, Book Two, supra at 1288).
1. Light threats (Art. 283);
2. Threatening to publish, or offering to prevent the
Gossiping is considered as oral defamation if a
publication of, a libel for compensation (Art.
defamatory fact is imputed or intriguing against
356). honor if there is no imputation (REGALADO, supra
at 812).
ARTICLE 357
PROHIBITED PUBLICATION OF ACTS The charge of oral defamation stemmed from the
REFERREDTOINTHECOURSE utterance of the words, "Agustin, putang ina mo."
OF OFFICIAL PROCEEDINGS This is a common enough expression in the dialect
that is often employed, not really to slander but
rather to express anger or displeasure. It is seldom,
ELEMENTS: (REMPO) if ever, taken in its literal sense by the hearer, that is,
1. That the offender is a Reporter, g_ditor or as a reflection on the virtues Qf a mother (Reyes v.
Manager of a newspaper, daily or magazine; People, G.R. Nos. L-21528 & L-21529, March 28,
2. He ,Eublishes facts connected with the private 1969).
life of another; and
3. Such facts are Offensive to the honor, virtue and REQUISITES OF DEFENSE IN
reputation of said person (REYEiS, Book Two, DEFAMA'flON: (TGJ)
supra at 1284). 1. If it appeqrs·that the matter charged as libelous
..is!rue;'
Article 357 is referred to as Uie "Gag Law" because 2. It was p.ubHshed.withGood motives; and
while a report of an official proceeding is allowed, it 3. It was made for ~stifiable ends (REYES, Book
gags those who would pubtish · therein facts which Two, supra_at 1304).
this article prohibits, and punishes any violation
thereof (REYES, Book Two, supra at 1284). To justify one's hitting back, there must be a showing
that he h·asbeeo libeled (Fieldman's Insurance Co.,
The Gag Law prohibits the· .publication of cases Inc. vs. Ku Nung, CA-G.R. No. 31559-R, May 26,
relating to adultery, divorce, legitinJacy of'.children, 1964).
etc (Id.). · · ·· ·

Under RA. No. 1477, a newspaper reporter cannot ARTICLE 359

be compelled to reveal the sourG13of the news report SL.ANDER BY DEED
he made, unless the court or a Ho.useor committee
of Congress finds that such revelation is demalided St.:ANOER BYDEED
by the security of the state (REYES, Book Two, A crime committed by performing any act which
supra at 1286). casts dishonor, discredit or contempt upon another
person (RE.YES, Book Two, supra at 1289).
ARTICLE 358
SLANDER ELEMENTS: (NPA)
(ORAL DEFAMATION) 1. That the offender performs any act Not included
in any other crime against honor;
TWO KINDS OF SLANDER (ORAL 2. That such act is performed in the ,Eresence of
DEFAMATION): other persons; and
3. That such Act casts dishonor, discredit, or
1. Simple slander; and
contempt upon the offended party (Id.).
2. Grave slander, when it is of a serious and
insulting nature (Id.).
If there is no intent to dishonor the offended party,
the crime is maltreatment by deed under Art. 266
FACTORS THAT DETERMINE THE (Id.).
GRAVITY OF THE ORAL DEFAMATION:
1. Expressions used; TWO KINDS OF SLANDER BY DEED:
2. Personal relations of the accused and the 1. Simple slander by deed; and
offended party; 2. Grave slander by deed, that is, which is of a
3. Circumstances surrounding the case; and serious nature (Id.).
4. Social standing and position of the offended

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STANDARD OF SERIOUSNESS
SLANDER
There is no fixed standard in determining whether a
slander is serious or not; hence, the courts have
sufficient discretion to determine the same, basing
the finding on the attendant circumstances and
matters relevant thereto (Id. at 1291). ·
SLANDER vs. UNJUST VEXATION
The common denominator present in unjust vexation
and slander by deed is irritation or annoyance.
Without any other concurring factor, it is only unjust
vexation; if the purpose is to shame or humiliate, the
offense is slander by deed (REYES, Book Two,
supra at 1292).
SLANDER vs. ACTS
LASCIVIOUSNESS
Kissing a girl in public and touching her breast
without lews designs, committed by a rejected suitor
to cast dishonor on the girl was held to be slander by
deed and not acts of lasciviousness (Id.)
SLANDER vs, MALTREATMENT
If the offended party suffered· fro shame or
humiliation caused by the maltreatment, it is slander
by deed (Id.)
Slapping the face of another is siander by deed if the
intention of the accused is to cause shame and
humiliation (Villanueva v. People, G.R. No. 160351,
April 10, 2006).
Pointing a dirty finger constitutes simple slander by
deed (Villanueva v. People, G.R. No. 160351, April
10, 2006).
SECTION TWO:
GENERAL PROVISIONS
ARTICLE 360
PERSONS RESPONSIBLE FOR LIBEL
PERSONS LIABLE;: (PAEP)
1. The person who fublishes, exhibits or causes
the publication or exhibition of any defamation in
writing or similar means;
2. The Author or editor of a book or pamphlet;
3. The .!;_ditor or business manager of a daily
newspaper magazine or serial publication; and
4. The owner of the frinting plant whic.h publishes a
libelous article with his consent and all other
persons who in any way participate in or have
connection with its publication (REYES, Book
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OF Two, supra at 1295).
An independent civil action may be filed
simultaneously or separately in the same RTC
where the criminal action was filed and vice versa
(Art. 360, Par. 3, as amended by R.A. No. 4363).
ARTICLE 361
PROOF OF THE TRUTH
WHEN PROOF OF TRUTH IS
ADMISSIBLE IN A CHARGE FOR LIBEL:
(CG)
1. When the act or omission imputed constitutes a
f rime regardless of whether the offended party
is a private individual or a public officer; .
OF 2. When the offended party is a Gov~nment
employee, even if the imputatio~ does not
constitute a crime, provided it is related to the
discharge of his official duties (REYES, Book
Two, supra at 1302).
In such cases, if the defendant proves the truth of
the imputaticn made by him, he shall be acquitted
(RPG, Art. ~1, Par. 3).
!he proof oMnith of the accusation cannot be based
upon mere hearsay, rumors or suspicion. It must be
positive, direct evidence upon which a definite
finding may be made by the court (U.S. v. Sotto,
G.R. No: 13~!9, Sep{ember 24, 1918).
REQUISITES OF DEFENSE IN
Dl:FAMATION: (TGJ)
· ?i;:Jtrapp~ars that the matters charged as libelot1s
areJ)ue;
2. It was published with Good motives; and
3. For Justifiable ends (REYES, Book Two, supra
at 1304).
If the statement is made against a public official with
respect to the discharge of his official duties and
functions and the truth of the allegations is shown,
the accused will be entitled to an acquittal even
though he does not prove that the imputation was
published in good motives and for justifiable end
(Lopez v. People, G.R. No. 172203, February 14,
2011).
ARTICLE 362
LIBELOUS REMARKS
Libelous remarks or comments connected with the
matter privileged under the provisions of Art. 354, if
made with malice, shall not exempt the author
thereof nor the editor or managing editor of a
newspaper from criminal liability (RPG, Art. 354).
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Art. 362 does not punish the publication of privileged
matters but the libelous comments or remarks about
such privileged matters. Thus, the author and editor
of a newspaper who distorts, mutilates, or discolors
the official proceedings reported by him or add
comments thereon to cast aspersion on the
character of the parties concerned, is guilty of libel,
notwithstanding the fact that the defamatory matter,
published in connection with a privileged matter
(REYES, Book Two, supra at 1306-1307).
GUIDELINES IN THE OBSERVANCE OF
A RULE OF PREFERENCE IN THE
IMPOSITION OF PENALTIES IN LIBEL
CASES (ADMINISTRATIVE CIRCULAR
NO. 08-2008)
The Revised Penal Code penalizes libel, committed
by means of writing, printing, lithography, engraving,
radio, phonograph, painting, theatrical exhibition,
cinematographic exhibition, or any similar means,
with prision correccional in its minimum and medium
periods or fine ranging from 200 to 6,000 pesos, or
both, in addition to the civil action which may be
brought by the offended party (RPG, Art. 355).
The circular laid down a rule of preference for the
imposition of a fine only rather than imprisonment
in libel cases. The Administrative Circular provides
that:
1. It does not remove '
imprisonment as an
alternative penalty for the crime of libel under
Art. 355, RPC. .
2. The Judges may, in the exercise of sound
discretion, and taking into cons.ideration the
peculiar circumstances of.each case, determine
whether the imposition of a fine alone would best
serve the interests of justice or whether
forbearing to impose imprisonment would
depreciate the seriousness of the offense, work
violence on the social order, or otherwise be
contrary to the imperatives of justice.
3. Should only a fine to be imposed and the
accused be unable to pay the fine, there is no
legal obstacle to the application of the RPC
provisions on subsidiary imprisonment.
In the following cases, the Court opted to impose
only a fine on the person convicted of the crime
of libel:
1. The Court modified the penalty imposed upon
petitioner, an. officer of a homeowners'
association, for the crime of libel from
imprisonment and fine in the amount of P200.00
to fine only of P3,000.00 with subsidiary
imprisonment in case of insolvency, for the
reason that he wrote the libelous article merely
to defend his honor against the malicious
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CRIMINAL,LAWII
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messages that earlier circulated around the
subdivision, which he thought was the
handiwork of the private complainant ( Sazon v.
Court of Appeals (G.R. No. 120715, March 29,
1996).
2. In a case where the crime involved is slander by
deed, the Court modified the penalty imposed on
the petitioner, an ordinary government
employee, from imprisonment to fine of
P1,000.00 with subsidiary imprisonment in case
of insolvency, on the ground that the latter
committed the offense in the heat of anger and
in reaction to a perceived provocation (Mari v.
Court of Appeals (G.R. No. 127694, May 31,
2000).
The Court opted to impose upon petitioner, a
lawyer, the penalty of fine only for the crime of
libel considering that it was his first offense and
he was motivated purely by his belief that he was
merely exercising a civic or moral duty to his
client when he wrote the defamatory letter to
private complainant (Buatis, Jr. v. People (G.R.
No.142509, March 24, 2006).
CHAPTER TWO:
INCRIMINATORY
MACHINATIONS
(ART. 363-364)
ARTICLE 363
INCRIMINATING INNOCENT PERSONS
ELEMENTS: (PIN)
1. That the offender ferforms an act;
2. That by such act he directly Incriminates or
imputes to an innocent person the commission
of a crime; and
3. That such act does Not constitute perjury
(REYES, Book Two, supra at 1308).
INCRIMINATING INNOCENT PERSONS
AND PERJURY BY MAKING FALSE
ACCUSATION, DISTINGUISHED
Limited to the act of Giving of false
planting evidence and statement under oath
the like in order to or making a false
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San Beda lJniverslty Collage of Law - RGCT Bar OperatiOns Center

INTRIGUING AGAINST HONOR AND

DEFAMATION, DISTINGUISHED

incriminate an innocent affidavit, imputing to

person. the person the
commission of a crime.
Source cannot be Source is known
determined
It is committed by It is committed when the
performing an act by imputation was falsely
which the offender made before an officer. Committed through Committed in a public
directly incriminates or some tricky and secret and malicious manner
imputes to an innocent plot
person the commission
of a crime.
(REYES, Book Two, supra at 1310).
Remarks may be true Remarks made are
or not claimed to be true
INCRIMINATING INNOCENT PERSONS
AND DEFAMATION, DISTINGUISHED (REYES, Book Two, supra at 1312).

Tl'TLE FOURTEEN:
Offender does not avail Imputation is public and
QUASI-OFFENSES
himself of written or malicious calculated to
spoken word in cause dishonor,
besmirching the victim's discredit, or contempt
reputation. upon the
party.
offended -·SOLECHAPTER:
CRIMINAL NEGLIGENCE
(Id).
(ART. 365)
ARTICLE 364
INTRIGUING AGAINST HONOR
It is committed by any person who shall make any ARTICLE 365
intrigue which has for its principal purpose IMPRUDENCE AND NEGLIGENCE
blemishing the honor or reputation of another
(REYES, Book Two, supra at 1311).
PUNISHABLE ACTS: (RSDL)
This refers to such intrigues against a person's 1. Committing through Reckless imprudence any
honor or reputation which are not otherwise act which, had it been intentional, would
punished under other articles of the RPG. It differs constitute a grave or less grave felony or light
from defamation in that it consists of tricky or secret felony (Par. 1);
plots and may be committed without using written or 2. Committing through §.imple imprudence or
spoken words which are defamatory (Id.). negligence · an act which would otherwise
constitute a grave or less serious felony (Par. 2);
3. Causing Qamage to the property of another
through reckless imprudence or simple
imprudence or negligence (Par. 3); and
4. Causing through simple imprudence or
negligence some wrong which, if done
maliciously, would have constituted a bight
felony (Par. 4).

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IMP~UDENCE ANO NEGtlGENCE, results, and the failure to do so constitutes

DISTINGUISHED negligence (Sps. Ermina v. Golden Village
Homeowner's Assoc, Inc., G.R. No. 180808, August
IMPRUDENCE NEGLIGENCE 15, 2018).

As to Effect In order· for conviction to be decreed for reckless

Both are notcrimes and merely determine a fower
degree of criminal liability-they are means of
committing crime.
As to Nature
Deficiency of action Deficiency of perception
Failure in precaution Failure in advertence
As to Ex:emptionfrom l...iabillty
To avoid wrongful acts: To avoid wrongful acts:
one must take the paying proper attention
necessary precaution and using due diligence
once they are foreseen . in foreseeingth~m
(REYES, Book Two, supra at 1320).
RECKLESS IMPRUDENCE
It consists in voluntarily but without malice, doing or
failing to do an act from which. material damage
results by reason of inexcusable,,tatk of precaution
on the part of the person performing or failing to
perform such act, taking into consideration his
employment or occupation, degree of in!eHigence,
physical condition and ···other . circtimstarices
regarding persons, time and place (kl.).
ELEMENTS OF RECKLESS
IMPRUDENCE: (FVM-Mal'.n)
1. The offender does or .Eails to do,an act;
2. The doing of or the failure to do that act is
Y.oluntary;
3. It be without Malice;
4. Material damage results; and
· 5. There is Inexcusable lack of precaution on the
part of the person performing or failing to
perform such act taking into consideration:
(EDO)
a. g_mploymentor occupation;
b. Qegree of intelligence, physical condition;
and
c. Other circumstances regarding persons,
time and place ((REYES, Book Two, supra
at 1321).
TEST OF NEGLIGENCE
Would a prudent man, in the position of the person
to whom negligence is attributed, foresee harm to
the person injured as a reasonable consequence of
the course about to be pursued? If so, the law
imposes a duty on the actor to refrain fro111that
course or to take precaution against its mischievous
imprudence, the material damage suffered by the
victim, the failure in precaution on the part of the
accused, and the direct link between material
damage and failure in precaution must be
established beyond reasonable doubt (Tabao v.
People, G.R. No. 187246, July 20, 2011).
SIMPLE IMPRUDENCE
It consists in the lack of precaution displayed in
those cases in which the damage impending to be
caused is not immediate nor the danger clearly
manifest (REYES, Book Two, supra at 1320).
ELEMENTS OF SIMPLE IMPRUDENCE:
(L~Not)
1. There is Lack of precaution on the part of the
offerider~.and .
2. ··The damage impending to be caused is Not
immediate· nor :the danger clearly manifest
(Rl9(ES, ~ook, Twp, supra at 1334).
Art. · 64 .. relative to mitigating and aggravating
circumstances is not appLicableto crimes committed
through negligence (REYES, Book Two, supra at
1337).
Wnen the reckless imprudence or th imprudence or
negligence r~sulted in damage to the property of
another, the penalty is onl, not imprisonment,
ranging from an amount equal to the value of the
damages tothree times such value, but shall not be
less than P25.00 ((REYES, Book Two, supra at
1336).
The defense of contributory negligence does not
apply in crlminal cases through reckless imprudence
since one cannot allege negligence of another to
evade the effects of one's own negligence. It only
mitigates criminal liability (REYES, Book Two, supra
at 1339).
THI; PENALTIES PROVIDED FOR , IN
ART. 365 ARE NOT APPLICABLE WHEN:
1. The penalty provided for the offense is equal to
or lower than those provided in the first two
paragraphs of Art 365; or
2. By imprudence or negligence, and with violation
of the Automobile Law, the death of a person
shall be caused (REYES, Book Two, supra at
1338).

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QUALIFYING CIRCUMSTANCE: Failing to lend on-
the-spot help to the victims of his act of negligence
raises the penalty one degree higher.
EXCEPTION: The driver can leave his vehicle
without aiding the victims if:
1. He is in imminent danger of being harmed;
2. He wants to report to the nearest officer of the
law; or
3. He desires to summon a physician or a nurse for
medical assistance to the injured (Sec. 55, R.A.
No. 4136). . felony. Thus, the law penalizes the negligent or
DOCTRINE OF LAST CLEAR CHANCE
The doctrine of last dear chance states that a person
who has the last clear chance or opportunity of
avoiding an accident, notwithstanding the negligent
acts of his opponent, is considered in law solely
responsible for the consequences of the accident
(Bustamante v. Court of Appeals, G.R. No. 89880,
February 6, 1991).
The contributory negligence of the party injured WiD·
not defeat the action if it be shown that the accused
might, by the exercise of reasonable care a.nd
prudence, have avoided the consequences of the
negligence of the injured party. The antecedent
negligence of a person will not preclude recovery for
damages for, or bar a defense against liability sought
by the other negligent party (REYES, Book Two,
supra at 1340). -
EMERGENCY RULE
An individual who suddenly finds himself in a
situation of danger and is required to act without
much time to consider the best means that may be
adopted to avoid the impending danger, is not guilty
of negligence if he fails to undertake what
subsequently and upon reflection may appear to be
a better solution, unless the emergency was brought
by his own negligence (Valenzuela v. CA, G.R. No.
115024, February 7, 1996).
For the Emergency Rule to apply, the emergency
situation must be: ·
1. Sudden and unexpected;
2. Deprives the actor of all opportunity for
deliberation; and
3. Must be such that the actor must have no
knowledge that unusual consequences
may result from his act (REYES, Book Two,
supra at 1341).
IVLER CASE DOCTRINE:
PRIOR CONVICTION OR ACQUITTAL OF
RECKLESS IMPRUDENCE BARS
SUBSEQUENT PROSECUTION FOR THE
SAME QUASI-OFFENSE
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The SC held that reckless imprudence or negligence
is a crime in itself. Hence, once convicted or
acquitted of a specific act of reckless imprudence,
the accused may not be prosecuted again for that
same act (/vier v. Hon. Modesto-San Pedro, G.R.
No. 172716, November 17, 2010).
REASON: For the essence of the quasi-offense of
criminal negligence under Art. 365 of the RPC lies in
the execution of an imprudent or negligent act that,
if intentionally done, would be punishable as a
careless act, and not the result thereof.
Culpa is either a crime (Article 365) .or merely a
modality of committing a crime (Article 3). Article 365
is culpa that is itself punished. Thus, reckless
imprudence is not a mere modality of committing a
crime (Quizon v. Justice of the Peace, G.R. No. L-
6641, July 28, 1955).
The gravity of the consequence is only taken into
. account to determine the penalty; it does not qualify
the substance of the offense.
:; ~'.tt!t,.}i;f:•s act is single, whether the injurious
result snolrfa~ffect one person or several persons,
the offense (qriminal negligence) remains one and
the same, anfi qannot be_split into different crimes
and prosecutipns.
ART. 48 DOE$ NOT APPLY TO ACTS
PEN . 'ER 4RT. 365
Art. 48 is' a·"pmcedural device allowing single
prosecution of multiple felonies while Art. 365 is a
tive rule penalizing not an act defined as a
Athe mental attitude behind the act, the
dangerous recklessness, lack of care or foresight.
Art. 48 is incongruent. to the notion of quasi-crimes
under· Art. 365. The application of Art. 48 in the
prosecution and sentencing of quasi-crimes is
prohibited maintaining the distinct concept of quasi-
crimes as crafted under Art. 365.
Prosecutions under Art. 365 should proceed from a
single charge regardless of the number or severity
of the consequences. In imposing penalties, the
judge will do no more than apply the penalties under
Art. 365 for each consequence alleged and proven.
In short, there shall be no splitting of charges under
Article 365, and only one information shall be filed in
the saine first level court (/vier v. Modesto-San
Pedro, G. R. No. 172716, November 17, 2010).
VIOLATION OF ART. 365 CANNOT
ABSORB VIOLATIONS OF SPECIAL
u~ws
A ma/a in se felony (such as Reckless Imprudence
Resulting in Damage to Property) cannot absorb
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CRIMINAL LAW II
Criminal Law

ma/a prohibita crimes (such as those violating P.D.
No. 1067, P.O. No. 984, and R.A. No. 7942). What
makes the former a felony is criminal intent (dolo) or
. negligence (culpa); what makes the latter crimes are
the special laws enacting them (Loney v. People,
G.R..No. 152644, February 10, 2006).
An offender previously charged with reckless
imprudence resulting in damage to property with
multiple physical injuries under Art. 365 may also be
held liable for his failure to help or render assistance
to another whom one he has accidentally wounded
or injured under Par. 2 of Art. 275 which both crimes
arise from the same act (Lamera v. Court of Appeals,
G.R. No. 93475, June 5, 1991).
DRIVING UNDER THE INFLUENCE OF
DANGEROUS DRUGS AND OTHER
SIMILAR SUBSTANCES
It refers to the act of operating a motor vehicle while
the driver, after being· subjected to a confirmatory
test as mandated under Republic Act No. 9165, is
found to be positive for use of any dangerous drug
(Sec. 3 (f)).
FIELD SOBRIETY TESTS
They refer to standardized tests to initially assess
and determine intoxication, such as the horizontal
gaze nystagmus, the walk-and-turn, the one-leg
stand, and other similar tests (Sec. 3 (g)).

MEDICAL MALPRACTICE / MEDICAL PUNISHABLE ACT

NEGLIGENCE It shall be unlawful for any person to drive a motor
A wrong committed by a medical professional which vehicle while under the influence of alcohol,
has caused bodily harm to the offended party (Dr. Li dangerous drugs and/or other similar substances
v. Spouses Soliman, G.R. No. 165279, June 7, (Sec.5).
2011).
BASIS· OF PENAL TY
Such claims are most often brought as a pivil action The basis ofthe penalty depends whether or not
for damages under Art. 2176 of the Civil Code or as violation resulted in physical injuries or homicide.
a criminal case under Art. 365 of the RPC with which Furthermore, prosecution for any violation under this
the civil action for damages is impliedly instituted law shall be without prejudice to criminal prosecution
(Dr. Cruz v. Court of Appeals, G.R. No. 122445, for violation of the RPG, R.A. No. 9165, and other
November 18, 1997). special ·•laws and existing local ordinances,
whenever applicable (Sec. 12).
DETERMINATION OF MEDICAL
NEGLIGENCE
Whether or not a physician has committed an
"inexcusable lack of precaution" in the treatment of
his patient is to .be determined according to the
standard of care observed by other members of the
profession in good standing under similar
circumstances bearing in mind the advanced state
of the profession at the time of treatment or the
present state of medical science (Dr. Cruz v. Court
of Appeals, G.R. No. 122445, November 18, 1997).

REPUBLIC ACT NO.10586

AN ACT PENALIZING PERSONS
DRIVING UNDER THE INFLUENCE OF
ALCOHOL, DANGEROUS DRUGS, AND
SIMILAR SUBSTANCES, AND FOR
OTHER PURPOSES .
Approved: May 27, 2013

DRIVING UNDER THE INFLUENCE OF

ALCOHOL
It refers tci the act of operating a motor vehicle while
the driver's blood alcohol concentration level has,
after being subjected to a breath analyzer test,
reached the level of intoxication (Sec. 3 (a)).

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San Seda Unl\lersltyCollege of Law - RGCTBar Operations Center

b .. ~dheres to the enemies, giving them aid or

REVISED PENAL CODE comfort (REYES, The Revised Penal Code,
Book Two, (2021), p. 2).

SUMMARYOF . TWO WAYS OF COMMITTING

ELEMENTS TREASON:
1. Levying war

REQUISITES:
a. There is an actual assembly of men; and
TITLE ONE: b. For the purpose of executing a treasonable
CRIMES AGAINST design by force (REYES, Book Two, supra,
at 4).
NATIONAL SECURITY
AND THE LAW OF 2. Adherence to the Enemies of the
Philippines, Giving them Aid or Comfort
NATIONS
REQUISITES:
a. Adherence to the Enemies; and
b. Giving Aid or Comfort to them (Id. at 6).
CHAPTER ONE:
CRIMES AGAINST ARTICLE 115
NATIONAL SECURITY CONSPIRACY AND PROPOSAL
JO COMMIT TREASON
(ARTS. 114-123)
CONSPIRACY TO COMMIT TREASON
Conspiracy to commit treason is committed when, in
time of war:
SECTION ONE: 1. Two or more persons' come to an agreement to
TREASON AND ESPIONAGE levy war against the Government; or
2. · To··adheretoI.be enemies and give them aid or
,, comfofltr:and decide to commit it.

ARTICLE 114 ARTICLE 116

TREASON . MASPRISION OF TREASON

ELEMENTS: {AWO-LA) ELEMENTS: (C3)

1. The offender (a Filipino citizen or an alien
residing in the Philippines) owes ~llegiance to
the Government of the Philippines;
2. There is a War in which the Philippines is
'involved; and-
3. The Offender either:
a. .bevies war against the government; or
1. The offender is a ~itizen of the Philippines, and
not a foreigner;
2. He has knowledge of any ~onspiracy to commit
treason against the Government; and
3. He ~onceals or does not disclose and make
known the same as soon as possible to the

DOHN ALFRED E. AQUILIZAN, Over-All Chairperson I NICHOLE.VANE B. SANTOS, Chairperson for Academics I RONALYN A.
GACULA, Ad Hoc Director for Bar Matters I MARIELLE CIELO B. BELGIRA, Vice Chairperson for Finance I JUAN INIGO S. MIGUEL,
Vice Chairperson for Operations I ALISSA MARIE D.C. DELOS SANTOS, Vice Chairper;on for Audit I CORINA R. TAMPUS, Vice
Chairperson for Secretariat I ARVY KEITH N. CHUNG, Vice Chairperson for Logistics I ANTONIO JUN-JUN C. MANALIGOD IV, Vice
Chairperson for Membership IJORDAN N. CHAVEZ, Vice Chairperson for Electronic Data Processing

YVEZZA KAMELE M. GUMAPAC, Subject Chair .I KIRSTIE MARIE B. SALDO, Assistant Subject Chair I ISABELLE GLORIA I.
VILLENA, Subject Electronic Data Processing\ SUBJECT HEADS: JUDEA ARA T. BAGTANG and CLARICE J.ANDAYA, Criminal Law
I j GERALDINE MARIE FRANCES B. VELASCO and ANGELA MICHAELLA S. YUMUL, Criminal Law II I KATE BERNADETTE T.
MADAYAG, Special Penal Laws I

JERK ENRIC C. ALCAIDE, JERENEL MAE 0. RENbON, CHANTAL MARIES. SANGGALANG, ANDREA MAE T. BANADERO,
JEROME L. LEANO, MA. ANGELIKA C. ALVARADO, ROMAVAIL ANGELIE F. ORCULLO, DANA JEUZEL S. MARCOS,
ROCHELLE S. ENRILE and JOSE LORENZO B. VILLAVERT

Justice BERNELITO R. FERNANDEZ, Judge GINA M. BIBA T-P ALAMOS, Atty. LYAN DAVID M. JUANICO, and
Atty. RYANS. MERCAUER

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SUMMARY OF ELEMENTS
CriminalLaw

proper authority (REYES, Book Two, supra at ARTICLE 118

22-23). INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
ARTICLE 117
ESPIONAGE
ELEMENTS: (UPE)
TWO WAYS OF COMMITTING 1. The offender performs Y.nlawful or unauthorized
acts; and
ESPIONAGE: (ED) 2. Such acts:
1. By gntering, without authority, a warship, fort, or · a. Provoke or give occasion for a war involving
military or naval establishment or reservation to or liable to involve the Philippines; or
obtain any information, plans, photographs, or b. gxpose Filipino citizens to reprisals on their
other data of confidential nature relative to the persons and property (REYES, Book Two,
defense of the Philippines (RPG, Art. 117, Par. supra at 31).
~- .

ARTICLE 119
ELEMENTS: (PAP)
a. The offender enters any of the f.laces VIOLATION OF NEUTRALITY
mentioned therein:
i. Warship, ELl;,MENTS: (WIO)
ii. Fort, or 1. There is a War in which the Philippines is not
iii. Military or naval establishment or involved; .
reservation
b. He has no Authority therefor; and .
2. There is a regulation !ssued by a competent .
authorityfor the purpose of enforcing neutrality;
c. His furpose is to obtain.inform~tlon, plans, and
photographs or other data of a confidential 3. The Offender violates such regulation (Id. at 28-
nature relative to the deferJse of the 32).
Philippines (REYES, Book Two, supra at
25). .
ARTICLE 120
2. By Qisclosing to the representative of a foreign CORRESPONDENCE WITH
nation the contents of the articles;· data or HOSTIL~ COUNTRY
information referred to ;in ·•• the preceding
paragraph, which he had in his possession by ELEM:ENT$: (TM.PCC)
reason of the public office he holds (RPC, Art.
1. It is made in Iime of war in which the Philippines
117, Par. 2).
is involved;
ELEMENTS: (OPD)
2. The offender Makes correspondence with the:
a. Enemy country; or
a. The Offender is a public officer; .
b. Territory occupied by the enemy troops; and
b. He has in his Possession the a'rticJes,data
or information referred to in Par. 1 of Art.
3: The correspondence is either:
a. frohibited by the Government;
117, by reason of the public office he holds;
b. ~arried on in ciphers or conventional signs;
and
or
c. He Discloses their contents to a
c. Contains notice or information which might
representative of a foreign nation (REYES,
be useful to the ,enemy (Id. at 33).
Book Two, supra at 25).

ARTICLE 121
FLIGHT TO ENEMY'S COUNTRY
SECTION TWO:
PROVOKING WARAND ELEMENTS: (WAAG)
DISLOYALTYINCASEOFWAR 1. There is a War in which the Philippines is
involved;
2, The offender owes Allegiance to the
Government;
3. The offender Attempts to flee or go to the enemy
country; and . ·
4. Going to th~ enemy country is prohibited by the
competent authority (Id. at 34).

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San Seda UniversityCollege of Law - RGCTBar OperationsCenter

SECTION THREE: CHAPTER ONE:

PIRACY AND MUTINY ON THE ARBITRARY DETENTION OR
HIGH SEAS
EXPULSION, VIOLATION OF
DWELLING, PROHIBITION,
ARTICLE 122 INTERRUPTION, AND
PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS OR IN PHILIPPINE
DISSOLUTION OF .
WATERS PEACEFUL MEETINGS
J\ND ·cRIMES AGAINST
MODES OF COMMITTING PIRACY: RELIGIOUS WORSHIP
1. Attacking or seizing a ves.$elon the high seas or.
in Philippine waters; or (ARTS. 124-133)
2. Seizing in the vessel, while on the high seas or
in Philippine waters, the whole or part of its
cargo, its. equipment or personal belongings of
its complement or passengers (REYES, Book
Two, supra at 35). SECTION ONE:
ARBITRARY DETENTION AND
ELEMENTS OF PIRACY: (VCAS) EXPULSION
1. A ~essel is on the high seas or in Philippine
waters;
2. The offenders are not members of its
Complement or passengers of the vessel; and ARTICLE 124
3. The offenders: ARBITRARY DETENTION
a. Attack or seize the vessel; or
b. Seize the whole or part of the cargo of said ELEMENTS: (PDD)
vessel, its equipment or personal
1. The offender is a fublic officer or employee;
b~longings of its complement or passenger~
36. 2. HE:l'Detainsa person; and
3. The DeteiltiQiliswithout legal grounds (Astorga
v. People, G.R. No. 154130, October 1, 2003).
ARTICLE 123
QUALIFIED PIRACY ARTICLE 125
DELAY IN THE DELIVERY OF
QUALIFYING CIRCUMSTANCES: (BA- DETAINED PERSONS TO THE PROPER
MHPR). JUDICIAL AUTHORITIES
1. Whenever the offenders have seized the vessel
by ~oarding or firing upon the same; . ELEMENTS: (PDF)
2. Whenever the pirates have Abandoned their
1. That the offender is a Public officer or employee;
victims without means of saving themselves; or
2. That he has Qetained a person for some legal
3. Whenever the crime is accompanied by Murder,
ground; and
Homicide, fhysical injuries, or B_ape (REYES,
3. That he Fails to deliver such person to the
Book Two, supra at 38).
proper judicial authorities within:
a. Twelve (12) hrs. for offenses or crimes
punishable by light penalties, or their
equivalent; or
TITLE TWO:. b. Eighteen (18) hrs. for offenses or crimes
CRIMES AGAINST THE punishable by correctional penalties, or their
equivalent; or
FUNDAMENTAL LAWS c. Thirty-six (36) hrs. for offenses or crimes
OF THE STATE punishable by afflictive penalties, or their
equivalent (REYES, Book Two, supra at 64-
65).

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ARTICLE 126
DELA YING RELEASE
PUNISHABLE ACTS: (PSP}
1. By delaying the ferformance of a judicial or
executive order for the release of a prisoner;
2. By unduly delaying the §.ervice of the notice of
such order to said prisoner; and
3. By unduly delaying the f.roceedings upon any
petition for the liberation of such person
(REYES, Book Two, supra at 75).
ELEMENTS: (PJ-SPP)
1. The offender is a fublic officer or employee;
2. There is a Judicial or executive order for the
release of a prisoner or detention prisoner, or
that there is a proceeding upon a petition for the
liberation of such person; and
3. The offender without good reason delays either:
a. The §.ervice of the notice of suet;"order to
the prisoner;
b. The ferformance of such judicjal or
executive order for the release of the
prisoner; or
c. The f.roceedings upon a petition for the
release of such person (Id.).
ARTICLE 127
EXPULSION
PUNISHABLE ACTS:
1. By expelling a person from the Philippines; or
2. By compelling a person to change his residence.
ELEMENTS: (PEN)
1. The offender is a fublic officer or employee;
2. The 5.xpels any person from the Philippines, or
compels a person to change his residence; and
3. The offender is !:fot authorized to do so by law
(REYES, Book Two, supra at 76).
SECTION TWO:
VIOLATION OF J)OMICILE
ARTICU: 128
VIOLATION OF DOMICILE
ELEMENTS: (PN-ESR)
1. The offender is a f.ublic officer or employee;
2. He is Not authorized by judicial order to enter the
dwelling and/or to make a search for papers or
other effects; and
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SUMMARYOF ELEMENTS
Criminal Law
3. The offender shall:
a. .!;_nterany dwelling against the will of the
owner thereof; ·
b. §.earch papers or other effects found therein
without the previous consent of such owner;
or
c. Refuse to leave the premises, after having
surreptitiously entered said dwelling and
after having been required to leave the
same (REYES, Book Two, supra at 77).
ARTICLE 129
SEARCH WARRANTS MALICIOUSLY
OBTAINED AND ABUSE IN THE
SERVICE OF THOSE LEGALLY
OBTAINED
PUNISHABLE ACTS: (SPPJ-EPLE)
1. Procuring a §.earch warrant without just cause; or
ELEMEf'.tTS: (PPJ)
a. The offender is a fublic officer or employee;
b. · He frocures a search warrant; and
c. Th.ere isno iust cause (REYES, Book Two,
~upra at 81).
2. .!;_xceedinghis authority or by using unnecessary
severity in executing a search warrant legally
procured.
ELEMENTS: (PLE)
a. The offender is a fublic officer or employee;
b. He has !,_egallyprocured a search warrant;
and
c. He .!;_xceeds his authority or uses
unnecessary severity in executing the same
(R£Y~S, Book Two, supra at 86).
ARTICLE 130
SEARCHING DOMICILE WITHOUT
WITNESSES
ELEMENTS: (PASO)
1. The offender is a f.ublic officer or employee;
2. He is armed with a search warrant legally
procured;
3. He Searches the domicile, papers or other
belongings of any person; and
4. The Qwner, or any member of his family or two
witnesses residing in the same locality are not
present (REYES, Book Two, supra at 87). ·
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San Beda University Cottege of law • RGCT Bar Operations Center

ARTICLE 133
SECTION THREE: OFFENDING THE RELIGIOUS
PROHIBITION, INTERRUPTION, FEELINGS
AND DISSOLUTION OF
PEACEFUL MEETINGS ELEMENTS: (PD-ANO)
1. The acts complained of were performed:
ARTICLE 131 a. In a flace devoted to religious worship; or
b. During the celebration of any religious
PROHIBITION, INTERRUPTION, &
ceremony; and
DISSOLUTION OF PEACEFUL 2. The Acts must be Notoriously Offensive to the
MEETINGS feelings of the faithful (REYES, Book Two, supra
at 96). ·
COMMON ELEMENTS: (PPAPA)
1. The offender is a fublic officer or employee; and
2. He ferforms any of the acts enumerated in
violation of the right to Association and f_eaceful TITLE THREE:
Assembly (REYES, Book Two, supra at 90). CRIMES AGAINST
PUNISHABLE ACTS: (MAP) PUBLIC ORDER
1. Prohibiting, interrupting, or dissolving without
legal ground the holding of a peaceful Meeting;

REQUISITES:
a. The meeting must be peaceful; and
, CHAPTER ONE:
b. There is no legal ground for prohibiting, or ,,REB'EtLION, SEDITION AND
interrupting or dissolving that m,eeting DISLOYALTY
2. Hindering any person from joir:iing any lawful {ARTS. 134-142)
Association or from attending any of its
meetings; or
3. Prohibiting or hindering any person from
addressing, either alone or togf:3therwith others, '.ARTICLE 134
any fetition to the authorities for the correction REBELLION/ INSURRECTION
of abuses or redress of grievances (Id.).
E:t.lNIENTS: (PARD)
1. There be:
SECTION FOUR: a. fublic uprising; and.
b. Taking up of Arms against the government;
CRIMES AGAINST RELIGIOUS and
WORSHIP 2. The purpose of the uprising or movement is
either:
a. Bemoving from the allegiance to said
Government or its laws:
ARTICLE 132 i. The territory of the Philippines, or any
INTERRUPTION OF RELIGIOUS part thereof; or
. WORSHIP ii. . Any body of land, naval or other armed
forces; or
b. Qepriving wholly or partially, any of the
ELEMENTS: (PReP) powers or prerogatives of the:
1. The offender is a fublic officer or employee; i. Chief Executive; or
2. Religious ceremonies or manifestations of any ii. Congress (REYES, Book Two, supra at
religion are about to take place or are going on; 102-103).
and
3. The offender frevents or disturbs the same
(REYES, Book Two, supra at 95).

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SUMMARY OF ELEMENTS
Criminal Law

ARTICLE 134-A ARTICLE 136

COUP D'ETAT
ELEMENTS: (OMAA)
1. The Offender is a person or persons belonging
to the military or police or holding any public
office or employment;
2. It is committed by Means of a swift attack,
accompanied by violence, intimidation, threat,
strategy, or stealth;
3. The Attack is directed against duly constituted
authorities of the Republic of the Philippines, or
any military camp or installation, or
communication networks, public utilities or other
facilities needed for the exercise and continued
possession of power; and
4. The purpose of the Attack is to seize or diminish
state power (REYES, Book Two, supra at 111-
112).
ARTICLE 135
PENAL TY FOR REBELLION OR
INSURRECTION OR COlJP D'&TAT
CONSPIRACY AND PROPOSAL TO
COMMIT REBELLION, INSURRECTION
OR COUP D'ETAT
TWO CRIMES PENALIZED UNDER THIS
ARTICLE: (CP)
1. £onspiracy to commit rebellion; and
2. froposal to commit rebellion (REYES, Book
Two, supra at 120).
ARTICLE 137
DISLOYAL TY OF PUBLIC
OFFICERS OR EMPLOYEES
PUNISHABLE ACTS: (FOA)
1. Eailing to resist a rebellion by all means in their
power;
2. Continuing to discharge the duties of their Office
· under the'control of the rebels; and
3. 8ccepting a'ppointment to office under the rebels
(REYES, Book Two, supra at 122).

PERSONS LIABLE F.OR -RE,BELLION, ARTICLE138

INSURRECTION AND/OR COUP D'ETAT:. INCITING TO REBELLION OR
1. The leaders - INSURRECTION
a. Any person who:
i. Promotes;
ii. Maintains; or
ELEMENTS: ·(DIM)
iii. Heads a rebellion or inS\,Jrrection;or 1. The offender _12oes not take up arms or is not in
b. Any person who · open hostility against the Government;
i. Leads; 2. He !ncites others to the execution of any of the
ii. Directs; or acts of rebellion; and
iii. Commands others torundertaketa coup 3. The inciting is done by Means of speeches,
d'etat; · .,. proclamations, writings, emblems, banners or
2. The participants - other representations tending to the same end
a. Any person who: (REYES, Book Two, supra at 123).
i. Participates; or
ii. Executes the commands of others in ARTICLE 139
rebellion, or insurrection; SEDITION
b. Any person in the government service who:
i. Participates; or
ELEMENTS: (REM)
ii. Executes directions or commands of
others in undertaking a coup d'etat; 1. The offenders Bise:
c. Any person not in the government service a. Publicly; and
who: b. Tumultuously;
i. Participates; 2. They .5.mployforce, intimidation, or other means
ii. Supports; outside of legal methods; and
iii. Finances; 3. The offenders employ any of those Means to
iv. Abets; or attain any of the following objects: (PEIC-D)
v. Aids in undertaking a coup d'etat a. To frevent the promulgation or execution of
(REYES, Book Two, supra at 113). any law or the holding of any popular
el~ction;
b. To prevent the government or any public
officer from freely .5.xercising its or his
functions, or prevent the execution of any
Administrative Order;

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c. To !nflict any act of hate or revenge upon the
person or property of any public officer or
employee;
d. To fommit, for any political or social end,
· any act of hate or revenge against private
persons or any social class; or
e. To Qespoil, for any political or social end,
any. person, municipality or province, or the
National Government of all its property or
any part thereof (REYES, Book Two, supra
at 125).
ARTICLE 140
PENAL TY FOR SEDITION
PERSONS LIABLE: (LO)
1. The _beaderof the sedition; and
2. Other persons participating in the sedition
(REYES, Book Two, supra at 130).
ARTICLE 141
CONSPIRACY TO COMMIT SEDITION
There must be an agreement and a decision to rise .
publicly and tumultuously to attain any of the objects ,
of sedition (Id. at 1.31).
Only conspiracy to commit sedition is· punishable
and not proposal to commit sedition (Id.).
ARTICLE 142
INCITING TO SEDITION
PUNISHABLE ACTS: (ISLE)
1. !nciting others to commit sedition by means of
speeches, proclamations, writings, emblems,
cartoons, banners, or other representations
tending to the same end;
2. Uttering §.editious words or speeches which
tend to disturb the public peace;
3. Writing, publishing, or circulating scurrilous
_bibelsagainst the Government or any of its duly
constituted authorities which tend to disturb
public peace; and
4. Knowingly concealing such .5vil practices (Id. at
132).
ELEMENTS OF ACT NO. 1: (NIM)
1. The offender does M_ottake direct part in the
crime of sedition;
2. He !ncites others to the accomplishment of any
of the acts which constitute sedition; and
3. The inciting is done by Means of speeches,
proclamations, writings, emblems, cartoons,
banners, or other representations tending to the
same end (Id).
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ACTS NO. 2 & 3 PUNISHABLE WHEN:
(DOC-RS)
1. They tend to Qisturb or Obstruct any lawful
officer in executing the functions of his office;
2. They tend to instigate others to fabal and meet
together for unlawful purposes;
3. They suggest or incite Bebellious conspiracies
or riots; or
4. They lead or tend to §.tir up the people against
the lawful authorities or disturb the peace of the
community, and the safety and order of the
Government (Id. at 134-135).
CHAPTER 'IWO:
CRIMES AGAINST POPULAR
REPRESENTATION
(ARTS. 143-145)
' .
; SECTION ONE:
· .CRIM~ AGAINST LEGISLATIVE
BODIBSAND SIMILAR BODIES
ARTICLE 143
ACTS?l:~DING TO PREVENT THE
MEETING::Of THE ASSEMBL y AND
SIMILAR BODIES
fi:,J'ettME,kTS:
(PAFF)
1. There be a frojected or Actual meeting of the
Congress or any of its committees or
subcommittees, constitutional commissions or
committees or divisions thereof, or of any
provincial board or city or municipal council or
board; and
2. The offender, who may be any person, prevents
such meeting by Eorce or fraud (REYES, Book
Two, supra at 139-140).
ARTICLE 144
DISTURBANCE OF PROCEEDINGS
ELEMENTS: (CODI)
1. There be a meeting of fongress or any of its
committees or subcommittees, constitutional
commissions or committees or divisions thereof,
or any provincial board or city or municipal
council or board; and
2. The Offender does any of the following acts:
a. He Qisturbs any of such meetings; or
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b. He behaves while in the presence of any
such bodies in such a manner as to interrupt
its proceedings or to !mpair the respect due
it (REYES, Book Two, supra at 141).
SECTION 1WO:
VIOLATION OF
PARLIAMENTARY IMMUNITY
ARTICLE 145
VIOLATION OF PARLIAMENTARY
IMMUNITY
PUNISHABLE ACTS: (UsA)
1. Using force, intimidation, threats, or frauds to
prevent any member from: (ACE)
a. Attending the meetings of Congress or any
of its committees or subcommittees,
constitutional commissions or committees or
divisions thereof;
b. fasting his vote; or
c. £Xpressing his opinions (REYES, Book
Two, supra at 142). ·
ELEMENTS: (U-PAEC)
a. The offender Y.ses force, intimidation,
threats or fraud; and
b. The purpose of the offender is to Prevent
any member of Congress from: - REQUISITES: (MAN):
i. Attending the meetings of the
Congress or any of its committees or
constitutional commissions, etc.;
ii. Expressing his opinions; or
iii. Casting his vote (Id. at 142.-.143).
2. Arresting or searching any member while,
Congress is in session, except in cases where
such member has committed a crime punishable
under the Code by a penalty higher than prision
correccional (Id. at 143).
ELEMENTS: (PASP)
a. The offender is a fublic officer or employee;
b. He Arrests or searches any member of
Congress;
c. The Congress, at the time of arrest or
search, is in regular or special Session; and
d. That the member arrested or searched has
not committed a crime funishable under the
Code by a penalty higher than prision mayor
(Id.).
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CHAPTER THREE:
ILLEGAL ASSEMBLIES AND
ASSOCIA.TIONS
(ARTS. 146-147)
ARTICLE 146
ILLEGAL ASSEMBLIES
TWO KINDS OF-ILLEGAL ASSEMBLIES
1. Any meeting attended by armed persons for the
purpose of committing any of the crimes
punishable under the RPC;
REQUISITES: (MAR)
a. There is a Meeting, gathering or group of
· persons, whether in a fixed place or moving;
b. The meeting is attended by Armed persons;
and
c. The purpose of the meeting is to commit any
of the crimes punishable under the RPC
(Rf=YES, Book Two, supra at 123-124)~
2. Any meeting in which the audience, whether
armed or not, is incited to the commission of the
crime of treason, rebellion or insurrection
sedition, or assaott upon a person-in authority o~
his agent. ·
a. There is a Meeting, a gathering or group of
persons, whether in a fixed place or moving;
and
b. The audience, whether Armed or Not, is
incited to the commission of the crime of
treason, rebellion or insurrection, sedition or
direct assault (REYES, Book Two, supra at
145-146).
ARTICLE 147
ILLEGAL ASSOCIATIONS
PROHIBITED ASSOCIATIONS:
Associations totally or partially organized f9r:
1. The purpose of Gommitting any of the crimes
punishable under the RPC; or
2. Some purpose contrary to public morals
(REYES, Book Two, supra at 152).
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CHAPTER FOUR:
ASSAULT UPON, AND
RESISTANCE AND
DISOBEDIENCE TO,
PERSONS IN AUTHORITY
AND THEIR AGENTS
(ARTS. 148-152)
ARTICLE 148
DIRECT ASSAULT
TWO WAYS OF COMMITTING
ASSAULT:
1. Without public uprising, by employing force or
intimidation for the attainment of any of the
purposes enumerated in defining the crimes· of
sedition and rebellion; and
ELEMENTS: (FAN)
a. The offender employs force or intimidation;
b. The aim of the offender is to Attain any of
the purposes of the crime of rebellion or any
of the objects of the crime of sedition; and
c. There· is No public uprising (REYES, Book
Two, supra at 155).
2 .. Without public uprising, by attacking, by
employing force or seriously intimidating or by
seriously resisting any person in authority (PA)
or agents of persons in authorty (APA), while
engaged in the perforr:nanceof official duties, or
on the occasion of such performance.
ELEMENTS: (O-PAT-KU)
a. The Offender:
i. Makes an attack - includes any
offensive or antagonistic movement or
action of any kind (equivalent to
aggression);
ii. · Employs force;
iii. Makes a serious intimidation (unlawful
coercion, duress, putting someone in
fear, exertion of an influence in the mind
which must be both immediate and
serious); or
iv. Makes a serious resistance (if not
serious, crime committed may be that
under Art. 151 or resistance and
disobedience).
b. The ferson Assaulted is a person in
authority or his agent;
c. At the Iime of the assault the person in
authority or his agent:
i. Is engaged in the actual performance of
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official duties; or
ii.
That he is assaulted by reason of the
past performance of his official duties. ,
d. The offender _!Snowsthat the one he is
assaulting is a person in authority or his
agent in the exercise of his duties; and
e. There is no public Y,prising (Id. at 156).
.ARTICLE 149
INDIRECT ASSAULT
ELEMENTS: (VAU)
1. A PA or APA is the Y'.ictimof any of the forms of
direct assault defined in Art. 148;
· 2. A person comes to the Aid of the APA; and
3. That the offender makes Y.se of force or
DIRECT intimidation upon such person coming to the aid
of the APA (Id. at 175).
ARTICLE 150
DISOBEDIENCE TO SUMMONS ISSUED
BY THE NATIONAL ASSEMBLY, ITS
COMMITTEES OR SUBCOMMITTEES,
BY THE CONSTITUTIONAL
C0MM1SSION, ITS COMMITTEES,
SUBCOMMITTEE OR DIVISIONS
PUNISHABLE ACTS: (Su-SAWI)
1. Refusing, without legal excuse, to obey
Sumffl()nsof Congress, or any commission or
committee·ehai'rman or member authorized to
summon witnesses;
2.. Refusing to be §.worn or placed under
, ilffirmation while before such legislative or
constitutional body or official;
3. Refusing to Answer any lfgal inquiry or to
produce any books, papers, documents, or
records in his possession, when required by
them to do so in the exercise of their functions;
4. Restraining another from attending as a Witness
in such legislative or constitutional body; and
5. !nducing disobedience to summons or refusal to
be sworn by any such body or official (REYES,
Book Two, supra at 177).
ARTICLE 151
RESISTANCE & DISOBEDIENCE TO A
PERSON IN AUTHORITY OR THE
AGENTS OF SUCH PERSON
ELEMENTS OF RESISTANCE 7
SERIOUS DISOBENDIENCE: (ERA)
1. A PA or his APA is gngaged in the performance
of official duty or gives a lawful order to the
offender; ·
2. The offender Resists or seriously disobeys such
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person in authority or his agent; and
3. The Act of the offender is not included in the
provisions of Arts. 148-150 (REYES, Book Two,
supra at 180).
ELEMENTS OF SIMPLE
DISOBEDIENCE: (ED-Not)
1. An APA is Engaged in the performance of
official duty or gives a lawful order to the
offender; · '
2. The offender Qisobeys such APA; and
3. Such disobedience is Not of a serious nature
(Id. at 182-183).
ARTICLE 152
PERSONS IN AUTHORITY & AGENTS
OF PERSONS IN AUTHORITY
PERSON IN AUTHORITY (PA)
Any person directly vested with jurisdiction, whether
as an individual or as a member o.f some cou.~.9r
governmental corporation, board or commfssion
(RPG, Art. 152, par. 1).
AGENT OF A PERSON IN AUTijORITY
(APA)
Any person who, by direct provision of l~w or by
electiori or by appointment by co111petentauthority,
of
is charged with the maintenance public order and
the protection and security of life and property (RPG,
Art. 152, par. 2).
CHAPTER FIVE:
PUBLIC DISORDERS
(ARTS. 153-156)
ARTICLE 153
TUM ULTS & OTHER DISTURBANCES
OF PUBLIC ORDER
PUNISHABLE ACTS: (PIO-EmBu)
1. Causing any serious disturbance in a fublic
place, office or establishment;
2. !nterrupting or disturbing public performances,
functions or gatherings, or peaceful meetings, if
the act is not included in Arts. 131-132;
3. Making an Outcry tending to incite rebellion or
sedition in any meeting, association or public
pla~e;
4. Displaying placards or Emblems which provoke
a disturbance of public order in such place; and
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5. Burying with pomp the body of a person who has
been legaUy executed (REYES, Book Two,
supra at 191).
ARTICLE 154
UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL
UTTERANCES
PUNISHABLE ACTS: (FEM-Bear)
1. Publishing or causing to be published, by means
of printing, lithography or any other means of
publication, as news any False news which may
endanger the public order, or cause damage to
the interest or credit of the State;
2. Encouraging disobedience to the law or to the
constituted authorities or by praising, justifying
or extolling any act punished by law, by the
same means or by words, utterances or
speeches;
3. ,Maliciously publishing or causing to be
published any official resolution or .document
without authority, or before they have been
published officially; and
4. Printing, .publishing or distributing (or causing
the same~ bo.oks, pamphlets, periodicals, or
leaflets which · do nc:it Bear the real printer's
nam~. or which are classified as anonymous
(REYES, Book Two, supra at 194).
ARTICLE 155
ALARMS"& SCANDALS.
PUNISHABLE ACTS: (DIWA)
1. Discharging any firearm, rocket, firecracker, or
·bther explosive within any town or public place,
which produces alarm or danger;
2. !nstigating or taking an active part in any
charivari or other disorderly meeting offensive to
another or prejudicial to public tranquility;
3. Disturbing the public peace while Wandering
about at night or while engaged in any other
nocturnal amusements; and
4. Causing Any disturbance or scandal in public
places while intoxicated or otherwise, provided
Art. 153 is not applicable (REYES, Book Two,
supra at 196);
ARTICLE156
DELIVERING PRISONERS FROM JAIL
ELEMENTS: (ACR)
1. Committed by A,ny person, ordinarily an
outsider"
2. There is a person ~onfined in a jail or penal
establishment;
3. The offender Removes therefrom such person,
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or helps the escape of such person (REYES, (REYES, Book Two, supra at 209).
Book Two, supra at 198).

CHAPTER SIX: CHAPTER SEVEN:

EVASION OF SERVICE OF COMMISSION OF ANOTHER
SENTENCE CRIME DURING SERVICE OF
(ARTS. 157-159) PENALTY IMPOSED FOR
ANOTHER PREVIOUS
OFFENSE
ARTICLE 157 (ART. 160)
EVASION OF SERVICE OF SENTENCE

ELEMENTS: (Con-SE) ARTICLE 160

1. The offender is a Convict by final judgment; COMMISSION -OF ANOTHER CRIME
3. He is §.erving his sentence, which consists in
deprivation of liberty; and DURING THE SERVICE OF PENAL TY
4. He gvades the s.ervice of his sentence by IMPOSED FOR ANOTHER PREVIOUS
escaping during the term of his sentence (Id. at OFFENSE (QUASI-RECIDIVISM)
201-202).
ELEMENTS: (FiNe)
ARTICLE 158 : ;11;,:.the offemder was already convicted by Final
EVASION OF SERVICE OF SENTENCE judgnientof one offense; and
ON THE OCCASION OF DISORDERS, 2. He committed a New felony before beginning to
CONFLAGRATIONS, EARTHQUAKES, serve sµch ~entence or while serving the same
OR OTHER CALAMITIES (REYES, BoQk Two, supra at 214).

ELEMENTS: (CoD-LeaF48) '••'.'; •... ,'.i/J;S ...•....

,, ..,..,.

1. The offender is a Convict by final judgment, i TITLEFOUR:

when confined in a penal institution;
2. There is Q_isorder,resulting from: (MEECS) CRIMES AGAINST
a. Mutiny in which he has not participated;
'
:·nPUBLICINTEREST
..., .. ";\·/ .
b. garthquake;
c. gxplosion;
d. fonflagration; or
e. §.imilar catastrophe.
3. The offender Leaves the penal institution where Cff4PTER ONE:
he is confined, on the occasion of such disorder
or during the mutiny; and
FORGERIES
4. The offender fails to give himself up to the (ARTS. 161-176)
authorities within 48 hours following the
issuance of a proclamation by the Chief
Executive announcing the passing away of such
calamity (REYES, Book Two, supra at 205-206).
SECTION ONE:
ARTICLE 159 FORGING THE SEAL OF THE
OTHER CASES OF EVASION OF GOVERNMENT OF THE
SENTENCE (CONDITIONAL PARDON) PHILIPPINE ISLANDS, THE
SIGNATURE OR STAMP OF THE
ELEMENTS: (Con-GV) CHIEF EXECUTIVE .
1. The offender was a Convict;
2. He was Granted a conditional pardon by the
Chief Executive; and
3. He Y)olated any of the conditions of such pardon

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ARTICLE 161 connivance with the mutilator or importer in case

COUNTERFEITING SEAL OF of uttering (Id. at 226).
GOVERNMENT, SIGNATURE AND
ARTICLE 165
ST AMP OF PRESIDENT
SELLING OF FALSE OR MUTILATED
COIN, WITHOUT CONNIVANCE
PUNISHABLE ACTS: (GPS)
1. Forging the Great Seal of the Government of the
Philippines;
PUNISHABLE ACTS:
2. Forging the signature of the fresident; and 1. Possession of coin, counterfeited or mutilated by
3. Forging the §.tamp of the President (REYES, another with intent to utter the same knowing
Book Two, supra at 221). that it is false or mutilated; and

ARTICLE 162 ELEMENTS: (PIK)

a. fossession;
USE OF FORGED SIGNATURE OR b. With !ntent to utter; and
COUNTERFEIT SEAL OR STAMP c. ~nowledge

ELEMENTS: (Seal-KU) 2. Actually uttering false or mutilated coin, knowing

1. The Great Seal of the Republic. , was it to be false or· mutilated.
counterfeited, or the signature or starnp nf the
Chief Executive was forged by another person; ELEMENTS: (UK)
2. The offender ~new of the counterfeiting or a. Actually Y,ttering; and
forgery; and b. ~nowledge (REYES,. Book Two, supra at
3. He Y,sed the counterfeit seal or forged signature 227).
or stamp (Id. at 222).

SECTION THREE:
SECTION TWO: FORGING TREASURY OR BANK
COUNTERFEITINGCOINS - NOTES, OBLIGATIONS AND
SECURITIES; IMPORTING AND
UTTERING FALSE OR FORGED
NOTES, OBLIGATIONS AND
. ARTICLE 163
SECURITIES
MAKING AND IMPORTING AND
UTTERING FALSE C.OINS

ELEMENTS: (FMU) ARTICLE 166

1. There be Ealse or counterfeited coins; FORGING TREASURY OR BANK NOTES
2. The offender either Made, imported or uttered OR OTHER DOCUMENTS PAYABLE TO
such coins; and BEARER; IMPORTING AND UTTERING
3. In case of Y,ttering such false or counterfeited THE SAME
coins, he connived with the counterfeiters or
importers (Id. at 224).
PUNISHABLE ACTS: (FIU)
ARTICLE 164 1. Eorging or falsification of treasury or bank notes
or other documents payable to bearer;
MUTILATION OF COINS - 2. !mportation of the same; and
IMPORTATION AND UTTERANCE OF 3. Y,ttering the same in connivance with forgers or
MUTILATED COINS importers (REYES, Book Two, supra at 230).

PUNISHABLE ACTS: (MU)

1. Mutilating coins of the legal currency, with the
intent to damage or to defraud another; and
2. Importing or Y,ttering such mutilated coins, with
the further requirement that there must be

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ARTICLE 167
COUNTERFEITING, IMPORTING AND SECTION FOUR:
UTTERING INSTRUMENTS NOT
FALSIFICATION OF
PAYABLE TO BEARER
LEGISLATIVE, PUBLIC,
COMMERCIAL AND PRIVATE
DOCUMENTS AND WIRELESS,
ELEMENTS: (PIC) TELEGRAPH AND TELEPHONE
1. There be an instrument fayable to order or other MESSAGES
document of credit not payable to bearer;
2. The offender either forged, !mported or uttered
such instrument;
3. In case of uttering, he ~onnived with the ARTICLE 170
importer (REYES, Book Two, supra at 234).
FALSIFICATION OF LEGISLATIVE
ARTICLE 168 DOCUMENTS
ILLEGAL POSSESSION AND USE OF
FALSE TREASURY OR BANK NOTES ELEMENTS: (BAPA)
AND OTHER INSTRUMENTS OF CREDIT 1. There be a §ill, resolution or ordinance enacted
or approved or pending approval by either the
House of the Legislature or any provincial board
ELEMENTS: (TB-KUP) or municipal council;
1. The Ireasury or §_anknote or certificate or other 2. The offender Alters the same;
obligation and securities payable to bearer or 3. He has no f roper authority therefor; and
any instrument payable to order or other ..4. .. The Alteration changed the meaning of the
document of credit not payable to bearer is ; iiI:,~md(REYES; Book Two, supra at 243).
forged or falsified by another;
2. The offender ~nows that any of these ARTICLE 171
instruments is forged or falsified; and FALSIFICAT.ION BY PUBLIC OFFICER,
3. He performs any of these acts:
E'41PLOYEEOR NOTARY OR
a. Y.sing any of such forged or falsified
instruments; or ECCLESIASTICAL MINISTER
b. fossessing with intent to use, any of the ,···· .. ....

forged or falsified documents (REYES, Book ELEMENTSf(NAF)

Two, supra at 236). 1. The offender is a public officer, employee or
f ·:i:,c1'lotarypublic; or an ecclesiastical minister with
ARTICLE 169 iO-'.;
,.;\;::;;~~~ to any record or document that may
HOW FORGERY IS COMMMITTED affect the civil status of persons;
2. He takes Advantage of his official position when:
a. He has the duty to make or prepare or
TWO WAYS OF COMMITTING otherwise intervene in the preparation of the
FORGERY: document; or
1. Giving to a treasury or bank note or any b. He has the official custody of the document
instrument payable to bearer or to order the which he falsifies; and
appearance of a true and genuine document; or 3. The offender Ealsifies a document (REYES,
2. Erasing, substituting, counterfeiting, or altering Book Two, supra at 245).
by any means the figures, letters, words or
signatures contained therein (REYES, Book EIGHT (8) MODES OF FALSIFYING A
Two, supra at 239). DOCUMENT: (IPA-UTAIN)
1. Counterfeiting or !mitating (feigning) any
· handwriting, signature or rubric;

Two Ways of Committing:

a. Counterfeiting
imitating any handwriting, signature or
rubric.

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REQUISITES: (IR)
i. There be an !ntent to imitate or an
attempt to imitate; and
ii. The two signatures or handwritings, the
genuine and the forged, bear some
,Besemblance to each other (U.S. v.
Rampas, G.R. No. 9146, November 26,
1913).
b. jmitating (feigning)
simulating a signature, handwriting, or
rubric out of one which does not in fact exist
(e.g., making it appear that a person who
does not know how to write has signed the
document) (REYES, Book Two, supra at
251).
2. Causing it ~o appear that persons have
farticipated in an act or proceeding when they
did not in fad so participate;
REQUISITES: (ApN)
a. The offender caused it to Appear in- a
document that a peison . or ,persons.
~articipated in an act or procee<;Ung;.and
b. Such person or persons did Not in fact so
participate in the act or proceeding (REYES,
Book Two, supra at 253).
3. Attributing to persons wtio· have participated in
any act or proceeding: staterf!ents other than
those in fact made by them;·· · that of the genuine original; and
REQUISITES: (PMA)
a. A person or persons Participated in an act
or proceeding; -, ' ·
b. Such person or persons Made stater,nentsin
that act or proceeding; and
c. The offender in making a., doQur;n~nt,
Attributed to such person, statements other
than those in fact made by such person or.
persons (REYES, Book Two, supra at 254-
255).
4. Making Y.ntruthful statements in a narration of
facts;
REQUISITES: (NLFI)
a. The offender · makes in a document
statements in a Narration of facts (not
conclusions of law);
b. He has the _begalobligation to disclose the
truth of the facts narrated by him;
c. The facts narrated by the offender are
absolutely Ealse; and
d. The perversion of truth in the narration of
facts was made with the wrongful ! ntent of
injuring a third person (Suero v. People,
G.R. No. 156408, January 31, 2005).
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5. Altering !rue dates;
REQUISITES: (EA)
a. The date mentioned in the document
is §ssential; and
b. The alteration of the date in a document
must Affect either the veracity of the
document or the effects thereof (Typoco, Jr.
v. People, G.R. Nos. 221857 & 222020,
August 16, 2017).
6. Making Alteration or intercalation in a genuine
document which changes its meaning;
REQUISITES: (AI-G-Ne-CF)
a. There be an Alteration (change) or
intercalation (insertion) on a document;
b. It was made on a Genuine document;
c. If the document is fiot genuine, the crime of
estafa is committed;
d. Th.e alteration or intercalation has ~hanged
the meaning of the document; and
.e. The change made the document speak
.something false (Typoco, Jr. v. People,
G.R.* Nos. 221857' & 222020, August 16,
2017).
7. !ssu!ng in !m;authe~ticated form a document
purporting to pe a copy of an original document
when no such original exists or including in such
a copy a statement:contrary to or different from
8. Intercalating any instrument or Jiote relative to
the issuance thereof in a protocol, registry or
official book.
.. ARTICLE 172
FALSIFICATION BY PRIVATE
INOIVfOUALS AND USE OF FALSIFIED
DOCUMENTS
PUNISHABLE ACTS:
1. Falsification of· public, official or commercial
document by a private individual;
ELEMENTS: (Pri-FaP)
a. The offender is a Private individual or public
officer or employee who did not take
advantage of his official position;
b. That he committed any of the acts of
Falsification enumerated in Art.171 pars.1-
6; and
c. That the falsification was committed in a
fublic or official or commercial document
(REYES, Book Two, supra at 268-269).
2. Falsification of private document by any person;
and
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3. ysing such falsified messages.

ELEMENTS: (FaPriD)
a. The offender committed any of the acts of ELEMENTS OF ACT NO. 3: (KUP)
· Falsification, except those in par. 7, a. The accused Knew that the wireless, cable,
en"umerated in Art. 171; · telegraph or telephone message was
b. The falsification was committed in any falsified by any person specified in Nos. 1
Private document; and and 2 above;
c. The falsification caused Qamage to a third b. The accused ysed such falsified dispatch;
party or at least the falsification was and
committed with the intent to cause such c. The use of the falsified dispatch resulted in
damage (REYES, Book Two, supra at 276). the frejudice of a third party, or that the use
thereof was with the intent to cause such
3. Use of falsified documents. prejudice (Id. at 290).
a. Introducing in a judicial proceeding
ELEMENTS:
i. The offender knew that the document
was falsified by another person; SECTION FIVE:
ii. The false document was embraced in FALSIFICATION OF MEDICAL
Art. 171 or in any of subdivision- No.1 or CERTIFICATES, CERTIFICATES
2 of Art. 172; and
OFMERITORSERVICEANDTHE
iii. He introduced said document in
evidence in any judicial proceeding LIKE
(REYES, Book Two, supra at 286).

b. Use in any other transaction

;: ARTICLE 174
ELEMENTS: .FAi.J;erMEDICAL CERTIFICATES,
i. The offender knew that the &ocument .FALSE Gl!RTIFICATES OF MERIT OR
was falsified by another person; SERVICE
ii. The false document was embraced in
Art. 171 or in any of subdivision No. 1 or
2 of Art. 172; PERSONS",LIA~LE:
iii. He used such document (not in judicial Phy~J ~.1Vr9eon who, in connection with
proceeding); and the Pttllf<i4f;,t'>f''his profession, issued a false
iv. The use of the false document caused certificate;
damage to another or at least it was Public officer who issued a false certificate of
used with intent to cause damage (Id.). it or service, good conduct or similar
l'ffstances;
ARTICLE 173 3. Private individual who falsified a certificate
FALSIFICATION OF WIRELESS, CABLE, falling in the classes mentioned in nos. 1 and 2.
TELEGRAPH AND TELEPHONE
ARTICLE 175
MESSAGES AND USE OF SAID
USING FALSE CERTIFICATES
FALSIFIED MESSAGES
ELEMENTS: (FK-U)
PUNISHABLE ACTS: (UFU)
1. A false certificate mentioned in the preceding
1. Yttering fictitious wireless, telegraph, or article was issued;
telephone messages; 2. The offender Knew that the certificate was false;
2. falsifying wireless, telegraph or telephone a~ - . ,
messages; and 3. He ysed the same (REYES, Book Two, supra at
ELEMENTS OF ACTS NO. 1 & 2: (OE-C) 293).
a. The offender is an Officer or !;_mployee of
the Government, or an officer or an
employee of a private corporation engaged
in the service of sending or receiving
wireless, cable or telephone message; and
b. He fommits any of the above acts (Id. at
289).

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2. Usurpation of official functions

SECTION SIX:
MANUFACTURING, IMPORTING ELEMEN,TS: (PP-PUW):
AND POSSESSION OF a. The offender may be a f.rivate person or
INSTRUMENTS OR IMPLEMENTS f.ublic officer;
b. The offender performs any act f.ertaining to
INTENDED FOR THE any person in authority. or public officer of
COMMISSION OF the Philippine government, any of its
FALSIFICATION agencies, or of a foreign government;
c. The offender performs the act .Y_nder
pretense of official function; and
d. The offender performs the act Without being
ARTICLE 176 legally entitled to do so {Tiangco v. People,
MANUFACTURING AND POSSESSION G.R. Nos. 218709-10, November-14, 2018).
OF INSTRUMENTS AND IMPLEMENTS
FOR FALSIFICATION ARTICLE 178
USING FICTITIOUS NAME AND
PUNISHABLE ACTS: (MP) CONCEALING TRUE NAME
1. Making or introducing into the Philippines any
stamp, dye, mark, or other instruments or PUNISHABLE ACTS:
implements for counterfeiting or falsification; and 1. Using fictUious name; and
2. f.ossessing with intent to use the instrumMts ot
implements for counterfeiting or falsification ELEMENTS: (OPPO)
made in or int(oduced into the Philippines by a: The Offender uses a name other than his
another person (REYES, Book Two, supra at real name;
294). b. He uses thatfjctitious name f.ublicly; and
c. The f.urpose of the Offender is:
f. To conceara crime;
ii. To evade t~e execution of a judgment;
CHAPTER.TWO: or
OTHER FALSITIES iii. 10 cause damage to public interest (Id.
at 302).
(ARTS. 177..'184)
2. Concealing true name.

... EL~ENTS: (CTC-1)

a. The offender ~onceals:
SECTION ONifr i. His Irue name, and
USURPATION OF AUTHORITY, sil: All other personal ~ircumstances; and
RANK, TITLE AND IMPROPER b. That the purpose is only to conceal his
USE OF NAMES, UNIFORMS AND !dentity (REYES, Book Two, supra at 303).
INSIGNIA ~
ARTICLE 179
ILLEGAL USE OF UNIFORMS OR
ARTICLE 177 INSIGNIA
USURPATION OF AUTHORITY
OR OFFICIAL FUNCTIONS ELEMENTS: (IHP)
1. The offender makes use of !nsignia, uniform or
. dress;
WAYS OF COMMITTING: 2. The insignia, uniform or dress pertains to an
1. Usurpation of authority office not .!:::!,eld
by the offender or to a class of
- by false and knowing representation, i.e. the persons of which he is not a member; and
malicious representation as an agent, officer, or 3. Said insignia, uniform or dress is used f.ublicly
representative of the government (Degamo v. and improperly (REYES, Book Two, supra at
Office of the Ombudsman, G.R. No. 212416, 308).
December 5, 2018).

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ELEMENTS: (SCAR)
SECTION TWO: 1. The accused made a §tatement under oath or
FALSE TESTIMONY executed an affidavit upon a material matter;
2. The statement or affidavit was made before a
~ompetent officer authorized to receive and
administer oath;
ARTICLE 180 3. In that statement or affidavit, the accused made
FALSE TESTIMONY a willful and deliberate Assertion of a falsehood;
AGAINST A DEFENDANT and
4. The sworn statement or affidavit containing the
falsity is Required by law or made for a legal
ELEMENTS: (COKA) ·
purpose (Union Bank of the Phils, v. People,
1. There be a Criminal proceeding; G.R. No. 192565, February 28, 2012).
2. The offender testifies falsely under Oath against
the defendant therein;
ARTICLE 184
3. The offender who gives false testimony ~nows
that it is false; and OFFERING FALSE TESTIMONY IN
4. The defendant against whom the false testimony EVIDENCE
is given is either Acquitted or convicted in a final
judgment (People v. Maneja, G.R. No. 47684,
ELEMENTS: (FOK)
June 10, 1941). ·
1. The offender offered in evidence a Ealse witness
or testimony;
ARTICLE 181 2. The Offer was made in a judicial or official
FALSE TESTIMONY FAVORABLE proceeding; and
TO THE DEFENDANT 3. I-le Knew the witness or testimony was false
(REYES, Book Two, supra at 327-328).
ELEMENTS: (CAF)
1. That the testimony must be given in a ~riminal
case; _ CHAPTER THREE:
2. That a testimony is given by Anyperson; and
3. That the testimony must be false. FRAUDS
(ARTS. 185-189)
ARTICLE 182 _
FALSE TESTIMONY IN CIVIL CASES

ELEMENTS: (CIF-KI) SECTION ONE:

1. The testimony must be given in a ~ivil case; MACHINATIONS, MONOPOLIES,
2. The testimony must relate to the !ssues AND COMBINATIONS
presented in said case;
3. The testimony must be false;
4. The false testimony must be given by the ARTICLE 185
defendant _!:Snowing it to be false; and
5. The testimony must be malicious and given with
MACHINATIONS IN PUBLIC AUCTIONS
an !ntent to affect the issues presented in said
case (U.S. v. Aragon, G.R. No. 2709, December PUNISHABLE ACTS:
28, 1905). 1. Soliciting any gift or promise as a consideration
for refraining from taking part in any public
ARTICLE 183 auction; and
PERJURY
ELEMENTS: (ASCI)
a. There be a public Auction;
WAYS OF COMMITTING PERJURY: b. The accused §olicited any gift or a promise
1. By falsely testifying under oath; and from any of the bidders;
2. By making a false affidavit (REYES, Book Two, c. Such gift or promise was the ~onsideration
supra at 318). · for his refraining from taking part in that
public auction; and
d. The accused had the !ntent to cause the
reduction of the price of the thing auctioned.

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2. Attempting to cause bidders to stay away from an
auction by threats, gifts, promises, or any .other
artifice.
ELEMENTS: (AATI)
a. There be a public Auction;
b. The accused Attempted to cause the buyers
to stay away from that public auction;
c. It was done by !hreats, gifts, promises or
any other artifice; and
d. The accused had the !ntent to cause the
reduction of the price of the thing auctioned
(Id. at 331).
ARTICLE 186
MONOPOLIES AND COMBINATIONS
IN RESTRAINT OF TRADE
Article 186 has been repealed by R.A. No. 10667,
Philippine Competition Act (approved on. Jtlly 21,
2015). However, violations of Article 186"prior to the
effectivity of R.A. 10667 may continue to be ·
prosecuted unless barred by prescription and
subject to the procedure under Sec. 31 of R.A.
10667 (R.A. 10667, Sec. 55). ·
PUNISHABLE ACTS UNDER ART. 186:
1. Combination or conspiracy to ;prevent
free competition-in the market;
By entering into any contract or agreement
or taking part in any conspiracy or combination
in the form of a trust or othacrwise, in restraint of
trade or commerce or to prevent by artificial
means free competition in the mark.et.
2. Monopoly to restrain free competition in
the market; and
By monopolizing any merchandise or object
of trade or commerce, or by combining with any
other person or persons to monopolize said
merchandise or object in order to alter the prices
thereof by spreading false rumors or making use
of any other artifice to restrain free competition
in the market.
3. Making transactions prejudicial to lawful
commerce or to increase the market
price of merchandise.
SECTION TWO:
FRAUDS IN COMMERCE AND
INDUSTRY
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SUMMARY OF ELEMENTS
Criminal Law
ARTICLE 187
IMPORTATION AND DISPOSITION OF
FALSELY MARKED ARTICLES OR
MERCHANDISE MADE OF GOLD,
SILVER OR OTHER PRECIOUS METALS
OR THEIR ALLOYS
ELEMENTS: (IKSA)
1. The offender !mports, sells or disposes any of
those articles or merchandise;
2. The offender .!inows that the stamps, brands, or
marks fail to indicate the actual fineness or
quality of said metal or alloy; and
3. The ~tamps, brands or marks of those articles
or merchandise fail to indicate th~ Actual
fineness or quality of said metal or alloy (Id. at
349).
NOTE: Arts. 188 and 189 have been repealed by the
Intellectual Property Code (Id. at 350).
.TITLE FIVE:
CRIMES 'RELATIVE TO
OPIUM AND OTHER
PROHIBITED DRUGS
NOTE: This title has eeen repealed by Republic Act
No. 9165, otherwise known as the Comprehensive
Dangerous Drugs Actof 2002, as amended by R.A.
No. 10640 ..
TITLE SIX:
CRIMES AGAINST
PUBLIC MORALS
CHAPTER ONE:
GAMBLING AND BETTING
(ARTS. 195-199)
NOTE: Provisions of Art. 195-199 of the Revised
Penal Code, as amended, Republic Act No. 3063,
Presidential Decrees. Numbered 483, 449, 510 and
1306, letters of instructions, laws, executive orders,
rules and regulations, city and municipal ordinances
which are inconsistent with this Decree are hereby
repealed (P.O. No. 1602, Sec. 3).
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351

ARTICLE 202
CHAPTER TWO: VAGRANTS AND PROSTITUTES
OFFENSES AGAINST Note: R.A. No. 10158 (March 12, 2012)
DECENCY AND GOOD decriminalized vagrancy.
CUSTOMS PROSTITUTE
(ARTS. 200-202) A ·woman is a prostitute when:
1. She habitually indulges in:
a. sexual intercourse; or
b. lascivious conduct
ARTICLE 200 2. For money or profit(REYES, Book Two, supra
GRAVE SCANDAL at 443).

ELEMENTS: (AHNaP)
1. The offender performs an Act or acts;
2. Such act or acts be .!:::!,ighlyscandalous as TITLE SEVEN:
offending against decency or good customs;
3. The highly scandalous conduct is ,tfot expressly
CRIMES COMMITTED BY
falling within any other Art. of the RPC (REYES, PUBLIC OFFICERS
Book Two, supra at 371); and
4. The act or acts complained of be committed in a .
Public place or within the public knowledge or
view (U.S. v. Samaniego, G.R. No. 5115,
November 29, 1909). .. · .,,.w ,CHAPTERONE:
' ·. PRELIMINARY PROVISIONS
ARTICLE 201
IMMORAL DOCTRINES, OBSCENE , (ART. 203)
PUBLICATIONS AND EXHIBITIONS,
AND INDECENT SHOWS
·. ARTICLE 203
PERSONS LIABLE: (DOIS) ;WHOAM
PUBLIC OFFICERS
1. Those who shall publicly expound or proclaim
Doctrines openly contrary to public morals; REQUISITES: (PA)
,· (

2. The authors of Obscene literature, published •:'l;t:1:be:~p.yblic officer, one must:

with their knowledge in any form; the edit(?rS 1. · Takep·artin the ferform~nce of public functions
publishing such literature; and the in the government, or performing in said
owners/operators of the establishment selling Government or in any of its branches public
the same; duties as an employee, agent or subordinate
3. Those who, in theaters, fairs, cinematographs or official, of any rank or class; and
any other place, exhibit !ndecent or immoral 2. Have Authority to take part in the performance
plays, scenes, acts or shows which are of public functions or to perform public dutfos by:
proscribed and shall include those which: (LEA)
a. Glorify criminals or condone crimes; a. Direct provision of the ,baw;
b. Serve no other purpose but to satisfy the b. Popular 5lection; or
market for violence, lust or pornography; c. Appointment by competent authority
c. Offend any race or religion; (REYES, Book Two, supra at 444-445).
d. Tend to abet traffic in and use of prohibited
drugs; and
e. Are contrary to law, public order, morals,
good customs, established policies, lawful
orders, decrees and edicts.
CHAPTER TWO:
4. Those who shall §ell, give away or exhibit films, MALFEASANCE AND
prints, engravings, sculptures or literature which MISFEASANCE IN OFFICE
are offensive to morals (RPG, Art. 201 as
amended by P.O. No. 960 and 969, July 24, (ARTS. 204-212)
1976).

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SUMMARY OF ELEMENTS
Criminal Law

ARTICLE 208
SECTION ONE: PROSECUTION OF OFFENSES;
DERELICTION OF DUfY
NEGLIGENCE AND TOLERANCE

PUNISHABLE ACTS:
ARTICLE 204 1. Maliciously refraining from instituting
KNOWINGLY RENDERING prosecution against violators of the law; and
UNJUST JUDGMENT 2. Maliciously tolerating the commission of a crime
(REYES, Book Two, supra at 452).
ELEMENTS: (J-SUK)
ELEMENTS OF DERELICTION OF DUTY
1. The offender is a Judge;
2. He renders a judgment in a case §.ubmitted to IN THE PROSECUTION OF OFFENSES:
him for decision; (DNA)
3. The judgment is Qnjust; and 1. The offender is a public officer or officer of the
4. The judge Knows that his judgment is unjust law who has a Quty to cause the prosecution of,
(Wingarls v. Mejia, A.M. No. MTJ-94-1012, or to prosecute offenses;
March 20, 1995). 2. Knowing the commission of the crime, he does
, M_ofcause the prosecution of the criminal or
ARTICLE 205 . knowing that a crime is about to be committed
he tolerates its commission; and
JUDGMENT RENDERED 3. The Offender Acts with malice and deliberate
THROUGH NEGLIGENCE Intent to favor the violator of the law (Soriano v. ·
Marcelo, G.R. No. 163178, January 30, 2009).
ELEMENTS: (JSUI)
1. The offender is a Judge; ARTICLE 209
2. He renders a judgment in a case .§.ubmitted to BJ:TRAVAL OF TRUST BY AN
him for decision; A"f"TORNEYOR SOLICITOR -
3. The judgment is manifestly Qnjust; and REVELATION OF SECRETS
4. It is due to his Inexcusable negtigence or
ignorance (REYES, Book Two, supra at 450).
PUNISHABLE ACTS: (CRU)
ARTICLE 206 1. £ausing damage to his client, either:
a. Any ,malicious breach of professional duty;
UNJUST INTERLOCUTORY'ORDER or
b. Inexcusable negligence or ignorance;
ELEMENTS: (JU-KIN) 2. Revealing any of the secrets of his client learned
1. The offender is a Judge; and by him in his professional capacity; and
2. He renders Qnjust interlocutory order or decree: 3. Qndertaking the defense of the opposing party
a. Knowingly; or ' in the same case without the consent of his first
b. Through inexcusable Ignorance or client after having undertaken the defense of
Negligence (Layo/a v. Gabo, Jr., A.M. No. said first client or after having received
RTJ-00-1524, January 26, 2000). confidential information from said client.

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ARTICLE 207 SECTION 1WO:
MALICIOUS DELAY IN THE BRIBERY
ADMINISTRATION OF JUSTICE

ELEMENTS: (JP-DM) ARTICLE 210

1. The offender is a Judge; DIRECT BRIBERY
2. There is a froceeding in his court;
· 3. He Qelays the administration of justice; and PUNISHABLE ACTS: (A3)
4. The delay is Malicious, that is, the delay is
1. Agreeing to perform, or by performing, in
caused by the judge with deliberate intent to
consideration of any offer, promise, gift or
inflict damage on either party in the case
present, an act constituting a crime, in
(REYES, Book Two, supra at 452).
connection with the performance of his official
duties;

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2. Accepting a gift in consideration of the execution
of an act which does not constitute a crime, in
connection with the performance of his official
duty; and
3. Agreeing to refrain, or by refraining, from doing
something which it is his official duty to do, in
consideration of a gift or promise. (Id. at 457).
ELEMENTS OF DIRECT
(PACURE)
1. The offender be a f ublic officer;
2. The offender Accepts an offer or a promise or
receives a gift or present by himself or through
another;
3. Such offer or promise be accepted, or gift or
present received by the public officer:
a. With a view to committing some ~rime; or
b. In consideration of the execution of an act
which does not constitute a crime, but the
act must be Y,njust; or
c. To Refrain from doing something which it is
his official duty to do; and ·
4. The act which the offender agrees to perform or
which he 5xecutes be connected with the
performance of his official duties (Tad-y v.
People, G.R. No. 148862, August 11, 2005).·
ARTICLE 211
INDIRECT BRIBERY
ELEMENTS: (PuGO)
1 . The offender is a Public officer;
2. He accepts Gifts; and
3. The said gifts are offered to him by reason.of his
Office (REYES, Book Two, supra at 466).
ARTrCLE 211-A
QUALIFIED BRIBERY
ELEMENTS: (LAP)
1. · The offender is a public officer entrusted with ·
,bawenforcement;
2. The offender refrains from Arresting or
prosecuting an offender who has committed a
crime punishable by reclusion perpetua and/or
death; and
3. The offender refrains from arresting or
prosecuting the offender in consideration of any
fromise, gift or present (Id. at 470).
ARTICLE 212
CORRUPTION OF PUBLIC OFFICIALS
ELEMENTS: (OG)
1. The Offender makes to a public officer:
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a. Offers or promises; or
b. Gives gifts or presents; and
2. The offers or promises are made or the gifts or
presents Given to a public officer, under
circumstances that will make the public officer
liable for direct bribery or indirect bribery (Id.).
BRIBERY:
CHAPTER THREE:
FRAUDS AND ILLEGAL
EXACTIONS AND
TRANSACTIONS
(ARTS. 213-216)
ARTICLE 213
FRAUDS AGAINST THE PUBLIC
TREASURY AND SIMILAR OFFENSES
PUNISHABLE ACTS: (ED-FaCo)
ji,!,:f;~ Ag~i~t Public Treasury
':f'. 'f·"'.§n~ ~~to an agreement with any interested
party or speculator or making use of any other
schem~ p:pefraud the Government, in dealing
with any ~rson with regard to furnishing
supplies, the making of contracts, or the
adjustmei\t or\ettlement of accounts relating to
~~liS,Jilf~~i~Junds; .
2. Qe'ma:~fB:~ctly or indirectly, the payment of
sums different from or larger than those
\. . . authorized by law, in the collection of taxes,
~1:·;;J(z,;~,i'?!Rt1ses, fees, and other imposts;
: ' .. ·Q;· ,Fammg,voluntarily to issue a receipt, as provided
by law, for any sum of money collected by him
officially, in the collection of taxes,. licenses,
fees, and other imposts; and ·
4 .. Collecting or receiving, directly or indirectly, by
way of payment or otherwise, things or objects
of a nature different from that provided by law, in
the collection of taxes, licenses, fees, and other
imposts (REYES, Book Two, supra at 512).
ELEMENTS OF FRAUD AGAINST PUBLIC
TREASURY (Par. 1): (PTED)
a. The offender be a fublic officer;
b. He should have Iaken advantage of his
office, . that is, he intervened in the
transactioQ.in his official capacity;
c. He 5ntered into an agreement with any
interested party or speculator or made use
of any other scheme with regard to:
i. Furnishing supplies;
ii. The making of contracts; or
iii. The adjustment or settlement of
accounts .relating to public property or
funds; and
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d. The accused had intent to Qefraud the
Government (Id.).
ELEMENTS OF ILLEGAL EXACTION (Pars. 2-
4): (PG) . adjudication of which they had acted; or
a. The offender is a fublic officer entrusted
with the collection of taxes, licenses, fees
and other imposts; and
b. He is Guilty of any of the following acts or
omissions: (VCD)
i. Qemanding, directly or indirect!~, the
payment of sums different from or larger
than those authorized by law;
ii. Failing yoluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially; or
iii. ~ollecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or objects of a nature
different from that provided by law (Id. at
513).
ARTICLE 214
OTHER FRALIOS.
ELEMENTS: (PTA)
1. The offender is a Public officer;
2. He Iakes advantage of his official position; and
3. He commits .any of the frauds or deceits
enumerated in Arts. 315 to 3.18 (estata, other
forms of swindling, swindling arninor, and other
deceits) (REYES, Book Two; supra at 515).
.ARTICLE 215
PROHIBITED TRANSACTIONS'
ELEMENTS: (ATIT)
1. The offender is an Appointive public officer (e.g.
justices, judges or fiscals, employees engaged
in the collection and administration of public
funds);
2. The transaction takes place within the Ierritory
subject to his jurisdiction;
3. He becomes interested in the transaction during
his !ncumbency; and
4. He becomes interested, directly or indirectly, in
any Iransaction of exchange or speculation
(REYES, Book Two, supra at 516).
ARTICLE 216
POSSESSION OF PROHIBITED
INTEREST BY A PUBLIC OFFICER
PERSONS LIABLE: (PEG)
1. fublic officer who, directly or indirectly, became
interested in any contract or business in which it
was his official duty to intervene;
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SUMMARY OF ELEMENTS
Criminaf Law
2. ~xperts, arbitrators, and private accountants
who, in like manner, took part in any contract or
transaction connected with the estate or
property in the appraisal, distribution or
3. Guardians and executors with respect to the
property belonging to their wards or the estate
(Id. at 518).
CHAPfER FOUR:
MALVERSATION OF PUBLIC
FUNDS OR PROPERTY
(ARTS. 217-222)
ARTICLE 217
MALVERSATION OF PUBLIC FUNDS
OR PROPERTY - PRESUMPTION OF
MALVERSATION
PUNISHABL~ ACTS: (ACTO)
1. Appropriati_ngpublic funds or property;
2. ~onsenting, or through abandonment or
negligence, "permitting any other person to take
such public fund~ br property;
3. Iaking or misappropriating the same; or ·
· 4. Being Otherwise guilty of the Misappropriation
or malversation of such funds or property (Id. at
523) .
Common Elements: (PCPA) -
1. . The offender be a fublic officer;
2; · He had ~ustody or control of funds or property
by reason of the duties of his office;
3. Those funds or property were fublic funds or
property for which he was accountable; and
4. He Appropriated, took, misappropriated or
consented, or through · abandonment or
negligence, permitted another person to take
them (Venezuela v. People, G.R. No. 205693,
February 14, 2018).
ARTICLE 218
FAILURE OF ACCOUNTABLE OFFICER
TO RENDER ACCOUNTS
ELEMENTS: (PART)
1. · The offender is a fublic officer, whether in the
service or separated therefrom;
. 2. He must be an Accountable officer for pµblic
funds or property;
3. He is _Bequired by law or regulation. to render
accounts to the Commission on Audit, or to a
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provincial auditor; and ARTICLE 222

4. He fails to do so for a period of Iwo months after OFFICERS INCLUDED IN THE
such accounts should be rendered. (REYES,
Book Two, supra at 546-547).
PRECEDING PROVISIONS

ARTICLE 219 PRIVATE INDIVIDUALS WHO MAY BE

FAILURE OF RESPONSIBLE PUBLIC LIABLE UNDER ART 217-221:
OFFICER TO RENDER ACCOUNTS 1. Private individuals who, ih any capacity
whatsoever, have charge of any national,
BEFORE LEAVING THE COUNTRY
provincial or municipal funds, revenue or
property.
ELEMENTS: (PAU) 2. Administrator or depository of funds or property
1. The offender is a fublic officer; attached, seized, or deposited by public
· 2. He must be an ~ccountable officer for public authority even if such property belongs to a
funds or property; and private individual (e.g. sheriffs and receivers).
3. He must have .!J.nlawfullyleft (or be on the point (Id. at 553).
of leaving) the Philippines without securing from .
the Commission on Audit a certificate showing
that his accounts have been finally settled. (Id.
at 548-549). CHAPTER FIVE:
INFIDELITY OF PUBLIC
ARTICLE 220
ILLEGAL USE OF PUBLIC FUNDS OR OFFICERS
PROPERTY (ARTS. 223-230)

ELEMENTS: (PPAO)
1. The offender is a fublic officer;
2. There is a fublic fund or property under his SECTION ONE:
administration; ,. INFIDEEITY IN THE CUSTODY OF
3. Such public fund or property has been PRISONERS
Appropriated by law or ordinance; and
4. That he applies the same to a public use Other.
than that for which such fund or pro.party has
been appropriated by law or ordinance .(Id. at ARTICLE 223
549-550).
"CQNNIYING WITH OR CONSENTING TO
ARTICLE 221 EVASION
FAILURE TO MAKE DELIVERY OF
PUBLIC FUNDS OR PROPERTY ELEMENTS: (PCEC)
1. The offender is a e_ubticofficer
2. He had in his ~ustody or charge, a prisoner,
PUNISHABLE ACTS: either detention prisoner or prisoner by final
1. Failing to make payment by a public officer who judgment;
is under obligation to make such payment from 3. Such prisoner ~scaped from his custody; and
Government funds in his possession; and 4. He was in ~onnivance with the prisoner in the
latter's escape (Id. at 557).
ELEMENTS: (GOF)
a. Public officer has Government funds in his ARTICLE 224
possession;
b. He is under Obligation to make payment
EVASION THROUGH NEGLIGENCE
from such funds; and
c. He fails to make the payment, maliciously. ELEMENTS: (PCN)
1. The offender is a fublic officer;
2. Refusing to make delivery by a public officer who 2. He is charged with the ~onveyance or custody
has been ordered by competent authority to of a prisoner, either detention prisoner or
deliver any property in his custody or under his prisoner by final judgment; and
administration (Id. at 552-553)_. 3. Such prisoner escapes through his Negligence
(REYES, Book Two, supra at 560).

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SUMMARY OFELEMENTS
Criminal Law

ARTICLE 225
ESCAPE OF PRISONER UNDER THE
CUSTODY OF A PERSON NOT A
PUBLIC OFFICER
ELEMENTS: (PC-CE-CN)
1. The offender is a frivate person;
2. The ~onveyance or custody of a prisoner or
person under arrest is ~onfided to him;
3. The prisoner or person under arrest 5scapes;
and
4. The offender ~onsents to the escape of the
prisoner or person under arrest, or that the
escape takes place through his tfegligence. (Id.
at 563-564).
ARTICLE 228
OPENING OF CLOSED DOCUMENTS
ELEMENTS: (PACO)
1. The offender is a Public officer·
2. He is not includedin the provis,ionsof Art.227;
3. He is entrusted with the custody of Closed
papers, documents, or object; and -
4. He Opens or permits the same to be opened
without proper authority (AMURAO, Book Two,
Part One, supra at 762).
SECTION THREE:
REVELATION OF SECRETS

SECTION 1WO: .. ARTICLE 229

INFIDELI1Y IN THE CUSTODY'OF REVELATION OF SECRETS BY AN
DOCUMENTS OFFICER .

PUNISHABLE ACTS:
1. Revealing any secret known to the. offending
ARTICLE 226 public officer by reason of his official capacity;
REMOVAL, CONCEAt:MENT
,·· : ' OR····
'.
and ··
DESTRUCTION OFDOQUMENTS
ELEMENTS: (PSWb)
ELEMENTS: (PDED) a. · The offender is a Public officer·
b. Heknows·ofa i_ecret by reaso~ of his official
1. The offender be a Public officer;
.. capacity;
2. He abstracts; rem~es, conce~ls, or .Qestroys,
c. He reveals such secret Without authority or
documents or papers;
justifiable reasons; and
3. The said documents or papers should have
d .. Qc;image,great or small, be caused to the
been 5ntrusted to such public officer bY recison
public interest (Id. at 574).
of his office; and
4. .Qamage,whether serious or not, to a third party
2. Delivering wrongfully papers or copies of
or to the public interest should have. been
papers of which he may have charge and which
caused (REYES, Book Two, supra at 565f.
should not be published.
ARTICLE 227 ELEMENTS: (PCP-TWD)
OFFICER BREAKING SEAL · a. The offender is a f ublic officer;
b. He has ~ harge of papers;
c. Those papers should not be Published·
ELEMENTS: (PCSB)
d. He delivers those papers orcopies th~reof
1. The offender is a Public officer· to a !hird person;
2. He is charged with the ~ust~dy of papers or e. The delivery is Wrongful; and
property; f. Qamage be caused to public interest (Id.).
3. These papers or property are .§.ealedby proper
authority; and
ARTICLE 230
4. He ,l;!reaks the seals or permits them to be
broken. (REYES, Book Two, supra at 570~571). PUBLIC OFFICER REVEALING
SECRETS OF PRIVAJE INDIVIDUAL

ELEMENTS: (PuSeW)
1. The offender is a Public officer-
2. He knows of the Secrets of a private individual

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by reason of his office; and ARTICLE 233

3. He reveals such secrets Without authority or _REFUSAL OF ASSISTANCE
justifiable reason. (REYES, Book Two, supra at
576).
ELEMENTS: (PLM}
1. The offender is a fublic officer;
2. A competent authority demands from the
CHAPTER SIX: offender that he _bendhis cooperation towards
the administration of justice· or other public
OTHER OFFENSES OR service; and
IRREGULARITIES BY 3. The offender fails to do so Maliciously (REYES,
PUBLIC OFFICERS Book Two, supra at 580).

(ARTS. 231-245) ARTICLE 234

REFUSAL TO DISCHARGE ELECTIVE
OFFICE

SECTION ONE: ELEMENTS: (ERN)

DISOBEDIENCE, REFUSAL OF 1. The offender is sleeted by popular election to a
ASSISTANCE AND public office;
MALTREATMENT OF PRISONERS 2. He Refuses to be sworn in or to discharge the
duties of said office; and
3. There is tfo legal motive for such refusal to be
> sworn inW to discharge the duties of said office
ARTICLE 231 · ·.:'.('B,li,Yi=.S;J,ook Two, supra at 581).
OPEN DISOBEDIENCE
ARTICLE 235
ELEMENTS: (EDWOR) MAL TREATMENT OF PRISONERS
1. The offender is a judicial or gxecutive officer;
.2. There is a judgment, Qecision, or order of a ELEMENTS: (PPM)
superior authority; 1. Theoff~fif§ar•e_ublic officer or employee;
3. Such judgment, decision, or order was made 2. He h~'SUru:f&r"h/s charge a frisoner convicted by
Within the scope of the jurisdiction of the final judgment or a detention prisoner; and
superior authority . and issued with all legal He Maltreats such prisoner in either of the
formalities; and fotlowiog manners:
4. The offender, without any legal justification, ·.a. · dv'erdoing himself in the correction or
Openly Befuses to execute said judgment~ handling of a prisoner or detention prisoner
decision, or order, which he is duty· bound to under his charge either:
obey (REYES, Book Two, supra at 577). i. The imposition of punishments not
authorized by the regulations; or
ARTICLE 232 ii. Inflicting such punishments (those
DISOBEDIENCE TO ORDER OF authorized) in a cruel and humiliating
SUPERIOR OFFICER WHEN SAID manner; or
b. Maltreating such prisoner to extort a
ORDER WAS SUSPENDED BY confession or· to obtain some information
INFERIOR OFFICER from the prisoner (Id. at 582).

ELEMENTS: (POS-DD)
1. The offender is a fublic officer;
2. An Qrder is issued by his superior for execution;
SECTION 1WO:
3. He has for any reason §.uspended the execution ANTICIPATION,
of such order; PROLONGATION, AND
4. His superior .Q.isapprovesthe suspension of the ABANDONMENT OF THE DUTIES
execution of the order; and AND POWERS OF PUBLIC
5. The offender Qisobeys his superior despite the
disapproval of the suspension (Id. at 578).
OFFICE

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ARTICLE 236 the scope of his authority;

ANTICIPATION OF DUTIES OF b. Attempts to repeal a law; or
c. §uspends the execution thereof (REYES,
A PUBLIC o·FFICE Book Two, supra at 590).

E-LEMENTS: (ESANO) ARTICLE 240

1. The offender is gntitled to hold a public office or USURPATION OF EXECUTIVE
employment, either by election or appointment;
FUNCTIONS
2. The law requires that he should first be §worn in
and/or should first give a bond;
3. He Assumes the performance of the duties and ELEMENTS: (JuAsO}
powers of such office; and 1. The offender is a Judge; and
4. He has _!'!attaken his Oath of office and/or given 2. He:
the bond required by law (REYES, Book Two, a. Assumes a power pertaining to the
supra at 586). · executive authorities; or
b. Obstructs the executive authorities in the
ARTICLE 23.7 lawful exercise of their powers (Id.).
PROLONGING PERFORMANCE
OF DUTIES AND POWERS ARTICLE 241
USURPATION OF JUDICIAL
ELEMENTS: (PEE) FUNCTIONS
1. The offender is holding a fublic office;
2. The period provided by lcilW, regujatlons or ELEMENTS: (Ex-AsO)
special provisions for holding such. office, has 1. The offender is an officer of the Executive
already gxpired; and , branch Ofthe Government; -
3. He continues to gxercise. the duties and powers 2. He: -.
of such office (Id. at 587). a. · AssumesJudidal powers; or
b. Qbstructs the execution of any order or
ARTICLE 238 , decision rerdered by any judge within his
jurisdiction (R8YES, Book ·Two, supra at
ABANDONMENT OF OFFICE-OR
591).
POSITION
· ARTICLE 242
ELEMENTS: (PR-NAD) . DISOBEYING REQUEST FOR
1. The offender is a Public officer; DISQUALIFICATION
2. He formally Resigns from his'position;
3. His resignation has _!'!atyet been ~ccepted; and
4. He abandons his office to.the Qetriment of the ELE,MENTS: (P2QRCo)
public service (REYES, Book Two, supra at 1. · The tiffender is a fublic officer;
588). · 2. A proceeding is fending before such public
officer;
3. There is a Question brought before the proper
authority regarding his jurisdiction, which is not
SECTION THREE: yet decided; .
USURPATION OF POWERS AND 4. He has been lawfully required to Refrain from
UNLAWFUL APPOINTMENTS continuing the proceeding; and
5. He Continues the proceeding (REYES, Book
Two, supra at 592).
ARTICLE 239
USURPATION OF LEGISLATIVE ARTICLE 243
POWERS ORDERS OR REQUESTS BY
EXECUTIVE OFFICERS TO ANY
ELEMENTS: (EJMAS) JUDICIAL AUTHORITY
1. The offender is an gxecutive or Judicial officer;
and ELEMENTS: (Ex-AdORe)
2. He: 1. The offender is an Executive officer;
a. Makes general rules or regulations beyond 2. He Addresses any Order or suggestion to any

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judicial authority; and prisoners or persons under arrest; or

3. The order or suggestion Relates to any case or c. The wife, daughter, sister or Relative within
business coming within the exclusive jurisdiction the same degree by affinity of the person in
of the courts of justice (REYES, Book Two, the· custody of the offender (Id. at 596).
supra at 592-593).

ARTICLE 244
UNLAWFUL APPOINTMENTS TITLE EIGHT:
CRIMES AGAINST
ELEMENTS: (PuNo-LaK}
1. The offender is a Public officer;
PERSONS
2. He Nominates or appoints a person to a public
office;
3. Such person Lacks the legal qualifications
therefor; and
4. The offender Knows that his nominee or CHAPTER ONE:
appointee lacksthe qualification at the time he DESTRUCTION OF LIFE
made the nomination or appointment (Id. at 593-
594).
(ARTS. 246-261)

SECTION FOUR: SECTION ONE:

ABUSES AGAINST CHASTITY P4R.R[CIDE, MURDER,
HOMICIDE

ARTICLE 245
ABUSES AGAINST CHASTITY - ARTICLE 246
PENALTIES PARRICIDE
>"'.. ··,~:-:;;,·
~-,.
<,~~-=!
.. ,
PUNISHABLE ACTS: (ICU) ELEME:Nff:> (KA-FM CADS}
1. Soliciting or making immoral . or indecent
1. A person is ,!S_illed;
advances to a woman !nterested in the matters
, . 2. l"he deceased is killed by the Accused; and
pending before the offending officer for decisio~,
· $,.;;J;W.
1 ,i:t,Qeeased
is the father,
Mother, or ~hild,
or with respect to which he is required to submit
whether legitimate or illegitimate, or other
a report to or consult with a superior officer;
legitimate Ascendant or Qescendant, or the
2. Soliciting or making immoral or· indecent
legitimate §_pause, of the accused (People v.
advances to a woman ~nder the offender's Espinosa y Pansoy, G.R. No. 228877, August
custody; and 29, 2018).
3. Soliciting or making immoral or indecent
advances to the wife, daughter, sister or relative
within the same degree by affinity of any person ARTICLE 247
in the ~ustody of the . offending warden or DEATH OR PHYSICAL INJURIES
officer(ld. at 595). INFLICTED UNDER EXCEPTIONAL
CIRCUMSTANCES
ELEMENTS: (PuSoW-lnCR}
1. The offender is a Public officer; ELEMENTS: (MaPKiSNo}
2. He Solicits or makes immoral or indecent
1. A legally Married person or a farent surprises
advances to a woman; and his spouse or his daughter, the latter under
3. Such Woman must be: eighteen (18) years of age and living with him, in
a. Interested in matters pending before the the act of committing sexual intercourse with
offender for decision, or with respect to another person;
which he is required to submit a report to or 2. He Kills any or both of them, or inflicts upon any
consult with a superior officer; or both of them any §.erious physical injury, in
b. Under the ~ustody of the offender who is a the act or immediately thereafter; and
warden or other public officer directly
3. He has Not promoted or facilitated the
charged with the care and custody of

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prostitution of his wife or daughter, or that he has ARTICLE 252

not consented to the infidelity of the other PHYSICAL INJURIES INFLICTED IN A
spouse. (REYES, Book Two, supra at 604).
TUMULTUOUS AFFRAY
ARTICLE 248
MURDER ELEMENTS: (TuPReV)
1. There is a Tumultuous affray as referred to in
Art. 251,
ELEMENTS: (KAQuaNo) 2. A participant or some participants thereof suffer
1. A person was Killed; serious fhysical injuries or physical injuries of a
2. The Accused killed him; less serious nature only;
3. The killing was attended by any of the Qualifying 3. The person Responsibletherefore cannot be
circumstances mentioned in Art. 248, and identified; and
4. The killing is Not parricide or infanticide 4. All those who appear to have used Y.iolence
(REYES, Book Two, supra at 613). upon the person of the offended party are
known (REYES, Book Two, supra at 633).
ARTICLE 249
HOMICIDE ARTICLE 253
GIVING ASSISTANCE TO SUICIDE
ELEMENTS: (KWIN)
1. A person was Killed; PUNISHABLE ACTS: (AL)
2. The accused killed him Without any justifying· 1\ .. Assisting an9ther to commit suicide, whether
circumstance; ... . · the suicide iS consummated or not; and
3. The accused had the Intention to kilt, which is 2. !:,endinghis as·sistance to another to commit
presumed; and - ·· .. _· .. " .· suicide tQthe~xtent of doing the killing himself
4. The killing was Not attended·· by any of the (REYES, Book Two, supra at 635).
qualifying circumstances-of murder, or by that of
parricide or infanticide (R2YES, Book Two, AR:Y-.ICLE
254
supra at 622).
blSCHARGE OF FIREARMS
ARTICLE 250 . .
PENAL TY FOR FRUSTRATED ELEMENTS:(BiNQ)
1. Thcit the offender f!!scharges a firearm against
PARRICIDE, MURDER, OR HOMICJD~
o(at another person; and
2~ That the offendet has No intention to kilt that
ARTICLE 25.1 ····. . . pers<>n(Id. at 637).
DEATH CAUSED IN A TUMULTUOUS
AFFRAY
SECTION TWO:
ELEMENTS: (SNAKAP)
INFANTICIDE AND ABORTION
1. There be Several persons;
2. They did Not compose groups organized for the
common purpose of assaulting and attacking
each other reciprocally, otherwise, they may be ARTICLE 255
held liable as co-conspirators;
3. These several persons quarreled and Assaulted
INFANTICIDE
one another in a confused _and tumultuous
manner; ELEMENTS: (KLA)
4. Someone was Killed in the course of the affray; 1. A child was Killed;
5. It cannot be Ascertained who actually killed the 2. The deceased child was ,bess than three days
deceased;and (72 hours) of age; and ,
6. The person or persons who inflicted serious 3. The Accused killed the said child (REYES,
fhysical injuries or who used violence can be Book Two, supra at 640).
identified (REYES, Book Two, supra at 630).

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ARTICLE 256 ARTICLE 259

INTENTIONAL ABORTION ABORTION PRACTICED BY A
PHYSICIAN OR MIDWIFE IN
ELEMENTS: (PreVAADI) DISPENSING OF ABORTIVE$
1. There is a Pregnant woman;
2. Violence is exerted, or drugs or beverages ELEMENTS: (AIPAd)
Administered, or that the accused otherwise 1. There is a pregnant woman Who has suffered an
acts upon such pregnant woman; Abortion;
3. As a result of the use of violence or drugs or 2. The abortion is Intended;
beverages· upon her, or any other act of the 3. The offender,· ~ho must be a fhysician or
accused the fetus Dies, either in the womb or midwife, causes, or assists in causing the
after ha~ing been e~elled therefrom; and abortion; and
4. The abortion is Intended (REYES, Book Two, 4. Said physician or midwife takes Advantage of
supra at 644). his or her scientific knowledge or skill (REYES,
Book Two, supra at 651).
PUNISHABLE ACTS: (VCC)
1. Using any Yiolence upon the person of the AS TO PHARMACISTS, THE ELEMENTS
pregnant woman; . ARE: (PNoD)
2. Acting, without using violence and without the
Consent of the woman by administering drugs or 1. The offender is a f harmacist;
beverages t1pon such pregnant woman without 2. There is No proper prescription from a
her consent; and physician; and
3. Acting, with the ~onsent of the pregnant woman, 3. The offender Qispenses any abortive (REYES,
by administering drugs or beverages (Id.). Book Tw9, supra at 652).

ARTICLE 257
UNINTENTIONAL ABORTION

ELEMENTS: (PreWiViDi)
·· ..
1__ ...,..s
.... __ __.I
E_c,.T_1_g_~_:11_L_RE_E_=
1. There is a Pregnant woman; ·
2. · Violence is used upon such pregnant woman
Without intending an abortion; · ARTICLE 260
3. The Violence is intentionally exerted; and RESPONSIBILITY OF
4. As aresult'of the violence, the fetus Dies, either PARTICIPANTS IN A DUEL
in the womb or ·after having been expelled
therefrom (REYES, Book T~o, supra at 646} . .
PUNISHABLE ACTS: (KIM)
1. fSilling one's adversary in a duel; ·
ARTICLE 258
2. Inflicting upon such adversary physical injuries;
ABORTION PRACTICED BY THE and
WOMAN HERSELF OR HER PARENTS 3. Making a combat although no physical injuries
have been inflicted (REYES, Book Two, supra at
ELEMENTS: (AIPOP) 653).
1. There is a pregnant woman who has suffered an
Abortion; ARTICLE 261
2. The abortion is Intended; and CHALLENGING TO A DUEL
3. The abortion is caused by:
a. The fregnant woman herself; PUNISHABLE ACTS: (CIS)
b. Any Other person, with her consent; or
1. Challenging another to a duel;
c. Any of her f arents, with her consent, for the
2. inciting another to give or accept a challenge to
· purpose of concealing her dishonor
a duel; and
(REYES, Book Two supra at 649).
3. Scoffing or decrying another publicly for having
rafused to accept a challenge to fight a
duel(REYES, Book Two, supra at 654),

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b,
Loses the use of any such member; or
CHAYfER1WO: c.
Becomes incapacitated for the work in which
PHYSICAL INJURIES he was theretofore habitually engaged, in
. . consequence of the physical injuries
(ARTS. 262-265) inflicted; (REYES, Book Two, supra at 663).
3. When the person injured -
a. Becomes deformed;

ARTICLE 262 , REQUISITES OF DEFORMITY: (PUPeC)

MUTILATION
PUNISHABLE ACTS:
1. By intentionally mutilating another by depriving
him, either totally or partially, of some essential
organ for reproduction (castration) (REYES,
Book Two, supra at 657).
ELEMENTS: (GP)
a. That there be castration, that is, mutilation.of
organs necessary for Generation, suchas
penis or ovarium; and
b. That the mutilation is causedfurposelX}~nd
deliberately, that is, to deprive the offended
party of some essential orgq.0 for
reproduction (Id.).
Note: Intentionally depriving the victim of the
reproductive organ dqes .not necessarily
involve the cutting off of the organ or any part
thereof. It suffices that it is (endered useless
(Id.). The penalty imposed' shall be. higher
when the victim is under 12 years of age (R.A.
7610, Sec. 10).
2. By intentionally making other mutifation, that is,
by lopping or clipping off any part of the body of
the offended party, other than the essential
organ for reproduction, to deprive flirn o~ that
part of the body (mayhemj (Id.).
. 3.
ARTICLE 263
SERIOUS PHYSICAL INJURIES
PUNISHABLE ACTS: (WoBAI)
1. Wounding;
2. ~eating (Art. 263);
3. Assaulting;
4. Administering !njurious substance (Art. 264).
SERIOUS PHYSICAL INJURIES
1. When the injured person becomes insane,
imbecile, impotent or blind -as a consequence of
the physical injuries inflicted (REYES, Book
Two, supra at 662).
2. When the injured person -
a. Loses the use of speech or the power to
hear or to smell, or loses an eye, a hand, a
foot, an arm, or a leg;
i. fhysical Y,gliness;
ii. Permanent and definite abnormality;
·and
iii. ~onspicuous and visible (REYES, Book
Two, supra at 664).
b. Loses any other member of his body;
c. Loses the use thereof; or
d. Becomes ill or incapacitated for the
performance of the work in which he. was
habitually engaged for MORE than ninety
(99) days, in consequence of the physical
..· injuries inflicted (Id.).
4. When the injured person becomes ill or
incapadtated for labor for more than .30 days
(but musfNOl. be more than 90 days), as a
result ofthe physical injuries inflicted (30 days <
X :S90days)(REYES, Book Two, supra at 668).
ART,CLE 264
ADMINISTERING INJURIOUS
SUBSTANCE OR BEVERAGES
ELEMENTS: (SKAN)
1. The offender inflicted upon another any §.erious
physi9c11 injury;
2. If was .done by .!inowingly administering to him
aiiy inJurious substances or beverages or by
taking ·Advantage of his weakness of mind or
credulity; and
He had tto intent to kill (REYES, Book Two,
supra at 670).
ARTICLE 265
LESS SERIOUS PHYSICAL INJURIES
ELEMENTS: (IN)
1. The offended party is Incapacitated for labor for
10 days or more but not more than 30 days, or
needs medical attendance for the same period
(10 days :SX:S30days); and
2. The physical injuries must ttot be those
described in the preceding articles (REYES,
Book Two, supra at 671-672).

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ARTICLE 266 d. The act of sexual assault is accomplished

SLIGHT PHYSICAL INJURIES under any of the fircumstances
enumerated under the first act of committing
AND MALTREATMENT rape (REYES, Book Two, supra at 690).

PUNISHABLE ACTS: (INI) ARTICLE 266-B

1. Physical injuries which Incapacitated the
offended party for labor from one (1) to nine (9)
days, or required n:iedical attendance during the
same period; · QUALIFYING CIRCUMSTANCES:
2. Physical injuries which did Not prevent the
offended party from engaging in his habitual
work or which did not require medical
attendance;and
3, Ill-treatment of another by deed without causing
any injury (REYES, Book Two, supra at 674).
QUALIFIED RAPE
Special Complex Crime
1. When the rape is attempted and a homicide is
committed by reason of or on the occasion of
attempted rape; and
2. When by reason of or on occasion of
consummated rape, homicide is committed.

As to Age and Relationship

1. When the victim is a child below seven (7) years
CHAPfER THREE: old; and
2. When the victim is under eighteen (18) years of
RAPE age and the offender is a parent, ascendant,
(ARTS. 266-A - 266-D) step-parent, guardian, relative by consanguinity
or affinity within the third civil degree, or the
common law spouse of the parent of the victim;

ARTICLE 266-A ;,i ,:F;}~~:,,;"tiace of Commission and Abuse of

PUNISHABLE ACTS:
1. Rape by Sexual Intercourse
ELEMENTS: {MC-FoDFU)
a. That the offender is a Man;
b. That the offender had farnal knowledge of
a woman; and
c. · That such act is accomplished under any of
the following circumstances:
i. By using Force, threat or intimidation;
ii. When the woman is Qeprived of reason
or otherwise unconscious; or
iii. By means of fraudulent machination or
grave abuse of authority; or
iv. When the woman is !!nder twelve (12)
years of age cir demented (REYES,
Book Two, supra at 689-690).
2. Rape through Sexual Assault
ELEMENTS: (ASMIC)
a. Committed by A_nyperson (Art. 266-A Par.
2);
b. The offender commits an act of §exual
assault;
c. The act of sexual assault is committed by
any of the following means:
i. By inserting his penis into another
person's Mouth or anal orifice; or
ii. By inserting any !nstrument or object
into the genital or anal orifice of another
person; and
Position of Offender
1. When the victim is under the custody of the
police or n:iilitary authorities or any _law
enfor¢ement·Qr penal institution; and
2. When committed by any member of the AFP or
p - '!fSlhereof of the PNP or any law
enfo' gency or penal institution, when
the offender took advantage of his position to
...facilitate the commission of the crime.
. ·Ailttili4J~'ence of Other Persons
1. When the rape is committed in full '.liew of the
spouse, parent, or any of the children or other
relatives within the third civil degree of
consanguinity; and
2. When rape is committed with the use of a deadly
weapon or by two or more persons.
As to the Ki:towledgeof the Offenders
1 When the victim is a religious engaged in
· legitimate religious· vocation or calling and is
personally known to be such by the offender
before or at the time of the commission of the
crime;
2. When the offender knows that he is afflicted with
HIV/AIDS or any other sexually transmissible
disease and the virus or disease is transmitted
to the victim;
3. When the offender knew of the pregnancy of the
offended party at the time of the commission of
the crime; and
4. When the offender knew of the mental disability,
emotional disorder and/or physical disability of

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the offended party at the time of the commission
of the crime.
As to the Result of the Commission of The Rape
1. When by reason or occasion of rape, the victim
has become insane; and
2. When by reason or on the occasion of the rape,
the victim has suffered permanent physical
mutilation or disability.
ARTICLE 266-C
EFFECT OF PARDON
EFFECTS OF PARDON: (MaF)
1. The subsequent valid_ Marriage between the
offender and the offended party shall extinguish:
a. The criminal action; or
b. The penalty already imposed (REYES, Book
Two, supra at 594). __
2. The subsequent forgiveness of the wife to the
legal husband shall extinguish the. criminal
action or the penalty, provided that the crime
shall not be extinguished or the penalty shall not
be abated if the marriage is void ab ioftio. Under
the Family Code, cohabitation is an act of
forgiveness (BOADO, supra at 757).
ARTICLE 266-0
PRESUMPTIONS
EVIDENCE WHICH MAY BE ACCEPTED
IN PROSECUTION OF RAPE: (Pl)
1. Any f hysical overt act manifesting resistance
against the act of rape in any degree from the
offended party; or
2. Where the offended party is so situa~ed as to
render him/her Incapable of giving his/her ·
consent (REYES, -Book Two, supra at725).
TITLE NINE:
CRIMES AGAINST
PERSONAL LIBERTY
AND SECURITY
CHAPTER ONE:
CRIMES AGAINST LIBERTY
(ARTS. 267-274)
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SECTION ONE:
ILLEGAL DETENTION
ARTICLE 267
KIDNAPPING AND SERIOUS
ILLEGAL DETENTION
ELEMENTS: (PPKI-MoST-MFP)
1. The offender is:
a. A Private individual who is not any of the
parents of the victim nor a female; or
b. A fublic officer who has no duty under the
law to detain a person;
2. He ~idnaps or detains another, or in any other
manner deprives the latter of his liberty;
3. The act of detention or kidnapping must be
!llegal; and
4. In the commission of the offense, any of the
following circumstances is present: (MoST•
MFP)
a. The kidnapping or detention lasts for More
than three (3) days;
b. It is committed §imulating public authority;
c. Any serious physical injuries are inflicted
upon the person kidnapped or detained or
Threats to kill him are made; or
d. The person· kidnapped or detained is a
Minor, Female, or a Public official (REYES,
Book Two,supra at 728-729).
ARTICLE 268
SLIGHT ILLEGAL DETENTION
ELEMENTS: (PriKIW)
1. The offender is a Private individual;
2. He ~id naps or detains another, or in any manner
deprives him of his liberty;
3. The act of.kidnapping or detention is !llegal; and
4. The crime is committed Without the attendance
of the circumstances enumerated in Art. 267
(REYES, Book Two, supra at 743).
ARTICLE 269
UNLAWFUL ARREST
ELEMENTS: (ADU)
1. The offender Arrests or detains another person;
2. The purpose ofthe offender is to Qeliver him to
the proper authorities; and
3. The arrest or detention is Y,nauthorized by law
or there is no reasonable ground therefore
(REYES, Book Two, supra at 745).
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ARTICLE 274
SECTION TWO: SERVICES RENDERED UNDER
KIDNAPPING OF MINORS
COMPULSION IN PAYMENT OF DEBT

. ELEMENTS: (CAR)
ARTICLE 270 1. The offender fompels a debtor to work for him,
KIDNAPPING & FAILURE TO RETURN A either as household servant or farm laborer;
' MINOR 2. It is Against the debtor's will; and
3. The purpose is to Bequire or enforce the
payment of a debt (REYES, Book Two; supra at
ELEMENTS: (CuF) 756),
1. The offender is entrusted with the Custody of a
minor person (less than 18 years old); and
2. He deliberately fails to restore the said minor to
his parents or guardian (REYES, Book Two, CHAPTER TWO:
supra at 748).
CRIMES AGAINST
ARTICLE 271 SECURITY
INDUCING A MINOR TO ABANDON (ARTS. 275-289)
HIS HOME

ELEMENTS: (Livln)
1 . A minor (less than 18 years old) is Living in the SECTION ONE:
home of his parents or guardian or the person· ABANDONMENT OF HELPLESS
entrusted with his custody; and PERSONS AND EXPLOITATION
2. The offender Induces said minor to abandon
such home (REYES, Book Two, supra at 750).
OF MINORS

SECTION THREE: . . . ARTICLE 275

ABANDONMENT OF PERSONS IN
SLAVERY AND SERVITUDE
DANGER AND ABANDONMENT OF
ONE'S OWN VICTIM

ARTICLE 272 PUNISHABLE ACTS: (UWA)

SLAVERY
ELEMENTS: (PE)
1. The offender furchases, sells, .kidnaps or
detains a human being; and
2. The purpose of the offender is to .!;_nslavesuch
human being (REYES, Book Two, supra at 754).
ARTICLE 273
EXPLOITATION OF CHILD LABOR
ELEMENTS: (RAD)'
1. The offender Betains a minor in his service:
2. It is Against the will of the minor: and
3. It is under pretext of reimbursing himself of a
Qebt incurred by an ascendant, guardian or
person entrusted with the custody of such minor
(REYES, Book Two, supra at 755).
1. By failing to render assistance to any person
whom the offender finds in an Y,ninhabited place
wounded or in danger of dying when he can
render such assistance without detriment to
himself, unless such omission shall constitute a
more serious offense:
ELEMENTS: (UDWA)
a. The place is Y,ninhabited;
b. The accused found there a person wounded
or in Qanger of dying; ·
c. The accused can render assistance Without
detriment to himself; and -
d. The accused fails to render Assistance.
2. By failing to help or render assistance to another
whom th.eoffender has accidentally Wounded or
injured; and
3. By failing to deliver a child under seven years of
age whom the offender has found Abandoned,
to the authorities or to his family, or by failing to

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take him to a safe place (REYES, Book Two,
supra at 758).
ARTICLE 276
ABANDONING A MINOR
ELEMENTS: (CSAN)
1. The offender has the _9.ustodyof a child;
2. The child is under .§_evenyears of age;
3. He Abandons such child; and
4. He has Nointent to kill the child when the latter
is abandoned (REYES, Book Two, supra at
760).
ARTICLE 277
ABANDONMENT OF MINOR
ENTRUSTED WITH HIS CUSTODY;
INDIFFERENCE OF PARENTS
PUNISHABLE ACTS: (DeNe)
1. Delivering a minor to a public institution or other
persons without the consent' of the orie who .
entrusted such minor to the care of the offender
or, in the absence of tnat <One/ witnout the
consent of the proper authorities; and ;(REYES,
Book Two, supra at 762}.
ELEMENTS OF ABANDONMENT OF MINOR:
(EPIC)
a. The offender has charge of the rearing or
.§.ducationof a minor; . · .
b. He delivers said minor to a fublic !hstitution
or other persons; and
c. The one who entrusted such child to the
offender has not Consented to such act, or
if the one who entrusted such µhifd t9 the.
offender is absent, the proper authorities
have not consented to it (Id.). · ,
2. Neglecting his (offender's) children by not giving
them the education which their station in life
requires and financial condition permits (Id.).
ELEMENTS OF INDIFFERENCE OF
PARENTS: (PaNS)
a. The offender is a Parent;
b. He Neglects his children by not giving them
education; and
c. His .§_tationin life requires such education
and his financial condition permits it
(REYES, Book Two, supra at 763).
ARTICLE 278 .
EXPLOITATION OF MINORS
PUNISHABLE ACTS: (CND 2 J)
1. By _9.ausingany boy or girl under 16 years of age
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to perform any dangerous feat of balancing,
physical strength, or contortion, the offender
being any person;
2. By Employing chiidren under 16 years of age
who are Not children or descendants of the
offender in exhibitions of acrobat, gymnast,
rope-walker, diver, or wild animal tamer, the
offender being an acrobat, etc., or circus
manager or engaged in a similar calling;
3. By Employing any Qescendant under 12 years.
of age in dangerous exhibitions enumerated in
the next preceding paragraph, the offender
being engaged in any of said callings;
4. By Qelivering a child under 16 years of age
gratuitously to any person following any calling
enumerated in paragraph two, or to any habitual
vagrant or beggar, the offender being an
ascendant, guardian, teacher, or person
entrusted in any capacity with the care of such
child; and
5. By·!nducing any child under 16 years of age to
, abandon the home of its ascendants, guardians,
curators or teachers to follow any person
engaged .in any calling mentioned in paragraph
two, or to aqc,ompany any habitual vagrant or
beggar, the offender being any person (REYES,
Book Two, supra at 765).
ARTICLE 279
ADDITIONAL PENAL TIES FOR
OTHER.OFFENSES
1mposition of the penalties prescribed in the
preceding articles (Arts. 275-278) shall not prevent
the imposition upon the same person of the penalty
provided for any othei felonies defined and punished
under the RPC.
SECTION 1WO:
TRESPASS TO DWELLING
.ARTICLE 280
QUALIFIED TRESPASS TO DWELLING
ELEMENTS: (PEA)
1. The offender is a f.rivate person;
2. He .§.ntersthe dwelling of another; and
3. Such entrance is Against the will of the owner
· or occupant (REYES, Book Two, supra at 768).
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ARTICLE 281 ELEMENTS OF GRAVE THREATS NOT

OTHER FORMS OF TRESPASS SUBJECT TO A CONDmON: (ICNo)
a. The offender threatens another person with
the !nfliction upon the latter's person,
ELEMENTS: (EnUMN) honor, or property, or upon that of the
1. The offender Enters the closed premises or the latter's family, of any wrong;
fenced estate of another; b. Such wrong amounts to a ~rime; and
2. Entrance is made while either of them is c. Threat is Not subject to a condition
!!ninhabited; (REYES, Book Two, supra at 780).
3; The prohibition to enter be Manifest; and
•4. The trespasser has Not secured the permission ARTICLE 283
of the owner or the caretaker thereof (REYES, .LIGHT THREATS
Book Two, supra at 775).

ELEMENTS: (TNDA)
1. The offender makes a Ihreat to commit a wrong;
SECTION THREE: 2. The wrong does Not constitute a crime;
THREATS AND COERCION· 3. There is a Qemand for money or that other
condition is imposed, even though not unlawful;
and
4. The offender has Attained his purpose or, that
ARTICLE 282 he has not attained his purpose (REYES, Book
Two, supra at 785).
GRAVE THREATS
.·• ARTICLE 284
PUNISHABLE ACTS:
r,BQII) FOR GOOD BEHAVIOR
1. Threatening another with the infliction upon his ,· ✓ ~ ' ' : .,,

person, honor, or property or that of his family of

any wrong amounting to a crime and demanding WHEN A .PERSON IS REQUIRED TO
money or imposing any other condition even GIVE BAIL,BOND:
though not unlawful, and the offender attained 1. When tie threatens another under the
his purpose (with condition) (REYES, Book Two, circutnstancesmentioned in Art. 282; and
supra at 776). · 2. Wfi&ij:1:ni:ti'.'ttlteatens another under the
circ~tttst~n~s mentioned in Art. 283 (REYES,
ELEMENTS OF GRAVE TH REATS WHERE Book Two, supra at 787)..
THE OFFENDER ATTAINED .HIS PURPOSE:
(ICDA) . ,.,, ARTICLE 285
a. The offender threatens another person with OTHER LIGHT THREATS
the !nfliction upon the latter's person, honor
or property, or upon that of the latter's
family, of any wrong; PUNISHABLE ACTS: (WHarN)
b.. Such wrong amounts to a ~rime; 1. Threatening another with a Weapon, or drawing
c. There is a Qemand for money or that any · such weapon in a quarrel, unless it be in lawful
other condition is imposed, even though not self-defense;
unlawful; and 2. Orally threatening another, in the heat of anger,
d. The offender Attains his purpose (REYES, with some Harm constituting a crime, without
Book Two, supra at 777). persisting in the idea involved in his threat; and
3. Orally threatening to do another any harm Not
2. Making such threat without the offenaer constituting a felony (REYES, Book Two, supra
attaining his purpose (with condition; elements at 788).
for this act are the same with the first except that
the purpose is not attained); and (REYES, Book ARTICLE 286
Two, supra at 776). GRAVE COERCION
3. Threatening another with the infliction upon his
person, honor or property or that of his family of
any wrong amounting to a crime, the threat not ELEMENTS: (PreComVN)
being subject to a condition (without condition) 1. A person Prevented another from doing
(Id.). something not prohibited by · law, or by
Compellinghim to do something against his will,
be it right or wrong;

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2. The prevention or compulsion be effected by
~iolence, threats or intimidation; and
3. The person that restrained the will and liberty of
another has _!io right to do so (REYES, Book
Two, supra at 792).
PUNISHABLE ACTS: (PreConi)
1. Preventing another by means of violenc~,
threats or intimidation, from doing something not
prohibited by law (Preventive); and
2. Compelling another, by means of violence,
threats or intimidation, to do something against
his will, whether it be right or wrong
(Compulsive) (Id. at 791).
ARTICLE 287
LIGHT COERCION
ELEMENTS: (CreDSA)
1. The offender must be a Creditor;
2. He seizes anything belonging to his Qebtor;
3. The .§.eizure of the thing be accomplished by
means of violence or a disp~y of material force
producing intimidation; and ,
4. The purpose of the offender isto 6PPIYthe same
to the payment of the debt (REYES, Book Two,
supra at 804).
UNNJUST VEXATION (Ad. 287, Par. 2)
It includes any human conduct which .althoug!"Jnot
productive of some physical or material harm would,
however, unjustly annoy or V!:'}xan innocent person.
(REYES, Book Two, supra at 805).
ARTICLE 288
OTHER SIMILAR COERCIONS.
(COMPULSORY PURCHASE OF
MERCHANDISE & PAYMENT Of
WAGES BY MEANS OF TOKENS)
PUNISHABLE ACTS: (PT)
1. By forcing or compelling, directly or indirectly, or
knowingly permitting the forcing or compelling of
the laborer or employee of the offender to
furchase merchandise or commodities of any
kind from him; and (REYES, Book Two, supra at
81_0).
ELEMENTS: (OLP)
a. The offender is any person, agent or Officer
of any association or corporation;
b. The or such firm or corporation has
employed _baborersor employees; and
c. He forces or compels, directly or indirectly,
or knowingly permits to be forced or
compelled, any of his or its laborers or
employees to furchase merchandise or
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commodities of any kind from him or from
said firm or corporation (REYES, Book Two,
supra at 811).
2. By paying the wages due his laborer or
employee by means of Iokens or objects other
than the legal tender currency of the Philippines,
unless expressly requested by such laborer or
employee (REYES, Book Two, supra at 811).
ELEMENTS: (TON)
a. The offender pays the wages due a laborer
or employee employed by him by means of
Iokens or objects;
b. Those tokens or Objects are other than the
legal tender currency of the Philippines; and
c. Such employee or laborer does .f!ot
expressly request that he be paid by means
of tokens or objects (Id.).
ARTICLE 289
FORMATION, MAINTENANCE, &
PRPHIBITION OF COMBINATION OF
CAPITAL OR LABOR THROUGH
VIOLENCE OR THREATS
ELEMENTS: (ViCo_Lo)
1. The offender employs Violence or threats, in
such a degree as to compel or force the laborers
or employers in the free and legal exercise of
their industry or work; and
2. The purpose is to organize, maintain or prevent
~alitions of capjtal or laborers or Lockout of
employers (REYES, Book Two, supra at 812).
CHAPTER THREE:
DISCOVERY AND
REVELATION OF SECRETS
(ARTS. 290-292)
ARTICLE 290
DISCOVERING SECRETS THROUGH
SEIZURE OF CORRESPONDENCE
ELEMENTS: (P2 uSDI)
1. The offender is a frivate individual or even a
Public officer not in the exercise of his official
function;
2. He .§.eizesthe papers or letters of another;
3. The purpose is to Qiscover the secrets of such
other person; and
4. The offender is Informed of the contents of the
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papers or letters seized (REYES, Book Two, 3. The taking must be with !ntent to gain (animus
supra at 816). lucrand1); and ·
4. There is Y:iolence against or intimidation of any
ARTICLE 291 person or force used upon things (Id.at 823) . .
REVEALING SECRETS WITH
ABUSE OF OFFICE
SECTION ONE:
ELEMENTS: (MESLeR) ROBBERY WITH VIOLENCE
1. The offender is a Manager, gmployee or AGAINST OR INTIMIDATION OF
§ervant; PERSONS
2. He Learns the secrets of his principal or master
in such capacity; and
3. He Reveals such secrets (REYES, Book Two,
supra at 818). ARTICLE 294
ROBBERY WITH VIOLENCE AGAINST
ARTICLE 292
OR lNTIMIDATION OF PERSONS
REVELATION OF INDUSTRIAL
SECRETS PUNISHABLE ACTS: (HRPI-UNNoS)
1. When by reason or on occasion of the robbery,
ELEMENTS: (CESP) the crime of !1omicide is committed;
1. · The offender is a person in fharge: employee or · ·· 2. When the robbery is accompanied by Rape or
workman of a manufacturing or industrial intentional mutilation or arson;
establishment; .a. When b;;reason or on occasion of such robbery
2. The manufacturing or industrial gstablishment · 'any.of:dii fhysical injuries resulting in insanity,
has a secret of the industry which the offender imbecility; impotency or blindness is inflicted
has learned~ (subdivisibn 1 of Art. 263);
3. The offender reveals such §ecrets; and 4. When by reason or on occasion of robbery, any
4. frejudice is caused to the owner (REYES, Book of the physical injuries penalized in subdivision
Two, supra at 819). 2 of Art.2'63 is !nflicted;

Wh~ g~~'injured -
a. Los ·.ttie use of speech or the power to
TITLE TEN: hear or to smell, or loses an eye, a hand, a
foot, an arm, or a leg;
CRIMES AGAINST b. · .Los.esthe use of any such member; or
PROPERTY c. Becomes incapacitated for the work in which
he was therefore habitually engaged, in
consequence of the physical injuries
inflicted

CHAPTER ONE: 5. If the violence or intimidation employed in the

commission of the robbery is carried to a degree
ROBBERY IN GENERAL clearly Y.nnecessary for the commission of the
(ARTS. 293-305) crime; or
6. When in the course of its execution, the offender
shall have inflicted upon any person Not
responsible for its commission any of the
ARTICLE 293 physical injuries covered by subdivisions 3 and
WHO ARE GUil TY OF ROBBERY 4 of Art. 263;

When the person injured -

ELEMENTS OF ROBBERY IN GENERAL: a. Becomes deformed;
(PUT I-VF) b. Loses any other member of his body;
1. There be fersonal property (bienesmuebles) c. Loses the use thereof;
belonging to another; d. Becomes ill or incapacitated for the
2. There is Y.nlawful Iaking (apoderamiento or performance of the work ir:i which he was
asportacion) of that property; habitually engaged for more than 90 days,
in c~nsequence of the physical injuries

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inflicted; or
e. When the injured person becomes ill or
incapacitated for labor for more than thirty
(30) days (but must not be more than ninety
(90) days), as a result of the physical injuries
inflicted.
7. If the violence employed by the offender does
Not cause any of the .§.erious physical injuries
defined in Art. 263, or if the offender employs
intimidation only (simple robbery) (REYES,
Book Two, supra at 842).
ARTICLE 295
ROBBERY WITH PHYSICAL INJURIES,
COMMITTED IN AN UNINHABITED
PLACE AND BY A BAND OR WITH THE
USE OF FIREARM ON A STREET, ROAD
OR ALLEY
QUALIFIED ROBBERY WITH VI0LE·NCE
AGAINST OR INNTIMIDATION ..OF
PERSONS: (U-BAE-F)
Nos. 3, 4, and 5 of Art. 294 if committed;
1. In an Y,ninhabited place (despoblado); ,
2. By a §,and (encuadrilla);
3. By Attacking a moving train, streetcar, motor
vehicle, or airship; · .. ·
4. By gntering the passengers'compart~nts in a
train, or in any manner taking the passengers by
surprise in their respective conveyances; or
5. On a street, road, highway,. or alley, and the
intimidation is made with use of firearms, the
offender shall be punished by the maximum
period or the proper penalti~s prescribed in Art.
294 (Id. at 866).
ARTICLE 296
DEFINITION OF A BAND AND PENALTY
INCURRED BY THE MEMBERS
THEREOF
OUTLINE:
1. When at least four armed malefactors take part
in the commission. of a robbery, it is deemed
committed by a band.
2. When any of the arms used in the commission
of robbery is not licensed, the penalty upon all
malefactors shall be the maximum of the
corresponding penalty provided by law without
prejudice to the criminal liability for illegal
possession of firearms.
3. Any member of a band who was present at the
commission of a robbery by the band, shall be
punished as principal of any assaults committed
by the band, unless it be shown that he
attempted to prevent the same (Id. at 868).
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ARTICLE 297
ATTEMPTED AND FRUSTRATED
ROBBERY COMMITTED UNDER
CERTAIN CIRCUMSTANCES
SPECIAL COMPLEX CRIME OF
ATTEMPTED OR FRUSTRATED
ROBBERY WITH HOMICIDE:
When by reason or on occasion of an attempted or
frustrated robbery, a homicide is committed.
If homicide is not consummated, the crimes of
robbery and attempted or frustrated homicide:
1. May be complexed (Art. 48);
2. Considered as separate crimes; or
3. Considered as one crime, one absorbing the
other.
1.F PHYSICAL INJURIES WERE
tN.fLICTED -ON THE VICTIM, BUT NO
INTENT TO KILL- WAS PROVED AND
THE VICTIME DID NOT DIE, THE
LIABILITY OF TRE OFFENDER MAY BE
AS FOLLOW$: .
1. If the physical injuries were by reason of the
attempted ot frustrated robbery as the means for
the commission of the latter, the injuries are
absorbed by the latter and the crime shall only
be attempted or frustrated robbery. '
2. If the physical injuries were inflicted only on the
occasion of the aborted robbery but not
emplq.yed as a means of committing the latter,
these will be separate crimes of attempted or
frustrated n;>bberyand physical injuries.
3. If both killing and physical injuries were
cbmmitted on that occasion, the crime will be
·penalized in accordance with Art. 297 but the
physical injuries will be absorbed (REYES, Book
Two, supra at 875-878).
. ARTICLE 298
EXECUTION OF DEEDS BY MEANS OF
. VIOLENCE OR INTIMIDATION
ELEMENTS: (lnCoV)
1. The offender has Intent to defraud another;
2. The offender Compels him to sign, execute, or
deliver any public instrument or document; and
3. The compulsion is by means of ~iolence or
intimidation (REYES, Book Two, supra at 878).
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ARTICLE 301
SECTION TWO:
ROBBERY BY THE USE OF FORCE WHAT IS AN INHABITED HOUSE,
UPON THINGS PUBLIC BUILDING OR BUILDING
DEDICATED TO RELIGIOUS WORSHIP
AND THEIR DEPENDENCIES
ARTICLE 299 INHABITED HOUSE
ROBBERY IN AN INHABITED It means any shelter, ship, or vessel constituting the
HOUSE/PUBLIC BUILDING OR EDIFICE dwelling of one or more persons, even though the
DEVOTED TO WORSHIP inhabitants thereof shall temporarily be absent
therefrom when the robbery is committed (RPG, Art.
ELEMENTS (Subdivision A): (E-E-1) 301, Par. 1).
1. The offender .5.ntered:(IPE)
a. An !nhabited house; DEPENDENCIS OF AN INABITED
b. A Public building; or HOUSE, PUBLIC BIDDING OR BUILDING
c. An-Edifice devoted to religious worship; DEDICATED TO RELIGIOUS WORSHIP
2. The entrance was .5.ffected by any of the All interior courts, corrals, warehouses, granaries,
following means: (OBFN) barns, coach houses, stables: or other departments
a. Through an Opening not intended for or enclosed places:
entrance or egress; 1. Contiguous to the building or edifice;
b. . By ~reaking any wall, roof, floor, door, or 2. Having an interior entrance connected
window; therewith; and
c. By using false keys, picklocks or similar. ..•3,: Which fqrm part of the whole (REYES, Book
tools; -:fr&3:!fwp;.s4f{1{8
at 740).
d. By using any fictitious Name or pretending
the exercise of public authority; and Orchards and 'other lands used for cultivation or
3. Once inside the building, the offender took production are not included in the term
personal property belonging to another with . "dependencies," even if closed, contiguous to the
!ntent to gain (Id. at 882). building and having direct connection therewith
(RPG,. f Art.
~
3()1, paf}.3). .
-; ·: , ··: .. _;:.·'···,:..,, .......' .... .
ELEMENTS (Subdivision 8): (IG)
1. The offender is !nside a dwelling house, public PUBL1c·eotLOING
building or edifice devoted to religious worship, It includes every building owned by the Government
regardless of the circumstances under which he ·" ·of:bE:llongingto a private person, used or rented by
entered it; and :tt,e,Government, although temporarily unoccupied
2. The offender takes personal property belonging by the same (RPG, Art. 301, par. 4).
to another with intent to Gain under any of the
following circumstances:(BT) ARTICLE 302
a. By the !~,reaking of internal doors,
wardrobes, chests, or any other kind of ROBBERY IN AN UNINHABITED PLACE
locked or sealed furniture or receptacle; or
b. By Iaking such furniture or objects away to OR IN A PRIVATE BUILDING
be broken open outside the place of the ELEMENTS: (E-OBUBR-T)
robbery (REYES, Book Two, supra at 734-
1. The offender .5.nteredan uninhabited place or a
888).
building which was not a dwelling house, not a
· public building, or not an edifice devoted to
ARTICLE 300 religious worship;
ROBBERY IN AN UNINHABITED 2. Any of the following circumstances was present:
PLACE AND BY A BAND a. the entrance was effected through an
Under this Article, robbery with force upon things is Opening not intended for entrance or
qualified when committed in an uninhabited place egress;
AND by a band, as distinguished from qualified b. A wall, roof, floor, or outside door or window
robbery with violence or intimidation of persons (Art. was ~roken;
295) which is committed in an uninhabited place OR c. The entrance was effected through the Y.se
by a band. of false keys, picklocks, or other similar
tools;
d. A door, wardrobe, chest, or any sealed or

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closed furniture or receptacle was ~roken;
or
e. A closed or sealed receptacle was
Removed, even if the same be broken open
elsewhere; and
3. With intent to gain, the offender Iook therefrom
personal property belonging to another (REYES,
Book Two, supra at 896).
ARTICLE 303
ROBBERY OF CEREALS, FRUITS, OR
FIREWOOD IN AN UNINHABITED
PLACE OR PRIVATE BUILDING
Robbery described in 299 and 302 consi~ts_in taking
cereals, fruits or firewood.
ARTICLE 304 .
POSSESSION OF PICKLOCKS
OR SIMILAR TOOLS
ELEMENTS: (PANot)
1. The offender has in his possession ficklocks or
similar tools;
2. Such picklocks or similar tools are specially
Adopted to the commission of robbery; and
3. The offender does Not have lawful cause for
such possession (Id. at 903).
ARTICLE 305
FALSE KEYS
INCLUDES: (GOT)
1. Genuine keys stolen from the owner;
2. Any keys Other than those intend~d by · the
owner for use in the lock forcibly opened by the
offender; and ·
3. Iools mentioned in the next preceding article.
3. The ~ictim was not predetermined. The robbery
must be directed not only against specific,
intended or perceived victims, but against any
and all prospective victims (Abay, Jr. v. People,
G.R. No. 165896, September 19, 2008).
ARTICLE 306
BRIGANDAGE
ELEMENTS: (FB-P)
1. There must be at least Eour armed persons;
2. They formed a ~and of robbers; and
3. The furpose is any of the following:(CKiA)
a. To fommit robbery in a highway;
b. To Kidnap persons for the purpose of
extortion or to obtain ransom; or
c. To Attain by means of force and violence ·
any other purpose (REYES, Book Two,
supra at 906).
ARTICLE 307
AIDING AND ABETTING A BAND OF
BRIGANDS
..
ELEMENTS: (BOK)
1. There is a Band of brigands;
2. The Offender does any of the following acts:
a. He aids\ abets, or protects such band of
brigands;
b. He gives them information on the
movements of the police or other peace
officers of the ~overnment; or
c. He acquires or receives property taken by
such brigands; and
3. The offender 1Snowsthe band to be of brigands
(REYES, Book Two, supra at 909).

CHAPTER THREE:
CHAPTER TWO: THEFf
BRIGANDAGE (ARTS. 308-311)
(ARTS. 306-307)
ARTICLE 308
WHO ARE LIABLE FOR THEFT
PRESIDENTIAL DECREE 532
Modified Arts. 306 & 307 ELEMENTS OF THEFT: (TAIWA)
1. There be Iaking of personal property;
ELEMENTS: (HIV) 2. Such property belongs to Another;
1. The robbery should take place along the 3. The taking be done with fntent to gain;
Philippine .t!.ighway; · 4. The taking be done Without the consent of the
2. The act of robbery must be fndiscriminate. It owner; and
should not be an isolated case; and 5. The taking be Accomplished without the use of
violence against or intimidation of persons or

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force upon things (REYES, Book Two, supra at
913).
THEFT IS LIKEWISE COMMITTED BY:
1. Any person who, having found lost property,
shall fail to deliver the same to the local
authorities or to its owner;
2. Any person who, after having maliciously
damaged the property of another, shall remove
or make use of the fruits or object of the damage
caused by him; and
3. Any person who shall enter an enclosed estate
or a field where trespass is forbidden or which
belongs to another and without the consent of its
owner; shall hunt or fish upon the same or shall
gather fruits, cereals, or other forest or farm
products(RPC, Art. 308, Par. 1-3).
ELEMENTS: (EEHW)
a. There is an .!;_nclosedestate or a field where
trespass is forbidden or which belongs to
another;
b. The offender .!;_ntersthe same;
c. The offender .!::!_unts
or fishes upon the same
or gathers fruits, cereals, or other forest or
farm products in the estate or field; and
d. The hunting or fishing or gathering of
products is Without the consent of the owner
(REYES, Book Two, supra at 932).
ARTICLE 309
PENALTIES
THE BASIS OF PENALTY IN NTHEFT IS:
(SPC)
The value of the thing §tolen, and in some cases;
1. The value and the nature of the froperty taken;
or
2; The f ircumstances or causes that impelled the
culprit to commit the crime (REYES, Book Two,
supra at 938).
ARTICLE 310 .
QUALIFIED THEFT.
THERE IS QUALIFIED THEFT IN THE
FOLLOWING INSTANCES: (DoG-CoFi-
CaP)
1. Theft is committed by a Domestic servant;
2. Committed with .§rave abuse of confidence;
3. The property stolen consists of foconuts taken
from the premises of a plantation;
4. The property stolen is fish taken from ·a Fishpond
or fishery;
5. Property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any
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other Calamity, vehicular accident or civil ~
disturbance; or
6. The froperty stolen is (a) motor vehicle, (b) mail
matter or (c) large cattle (REYES, Book Two,
supra at 941).
Elements of qualified theft by grave
abuse of confidence: (TAI-WAG)
1. There is Iaking of personal property;
2. Said property belongs to Another;
3. Said taking be done with !ntent to gain;
4. It be done Without the owner's consent;
5. It be Accomplished without the use of violence or
intimidation against persons,orforce upon things;
and
6. It be done with Grave abuse of confidence
(People v. Puig, G.R. Nos. 173654-765, August
28, 2008).
ARTICLE 311
THEFT OF THE PROPERTY OF THE
NATIONAL MUSEUM
Theft of property of National Library and Museum
has a fixed penalty regardless of its value.
CHAPTER FOUR:
USURPATION
(ARTS. 312-313)
ARTICLE 312
OCCUPATION OF REAL PROPERTY
OR USURPATION OF REAL RIGHTS
IN PROPERTY
PUNISHABLE ACTS: (TakUs)
1. Taking possession of any real property belonging
to another by means of violence against or
intimidation of persons; and
2. Usurping any real rights in property belonging to
another by means of violence against or
intimidation of persons (REYES, Book Two,
supra at 959).
ELEMENTS: (PAVI)
1. The offender takes fossession of any real
property or usurps any real rights in property;
2. The real property or real rights belong to
Another;
3. Yiolence against or intimidation of persc:ms is
used by the offender in occupying real property
or usurping real property or usurping real right in
property; and
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4. There is !ntent to gain (REYES, Book Two, c. Iemporary prejudice (Nagrampa v. People,
supra at 960). G.R. No. 146211, August 6, 2002). ._

ARTICLE 313 ESTAFA WITH UNFAITHFULNESS OR

ALTERING BOUNDARIES OR ABUSE OF CONFIDENCE (Art. 315, No.
LANDMARKS 1)
1. Estafa with unfaithfulness (Art. 315, No.
ELEMENTS: (BoA) 1-A);
1. There be Boundary marks or monuments of
towns, provinces, or estates, or any other marks ELEMENTS: (OAD)
intended to designate the boundaries of the a. The Offender has an onerous obligation to
same; and deliver something of value;
2. The offender Alters said boundary marks (Id. at b. He Alters its substance, quantity or quality;
963). and
c. Qamage or prejudice capable of pecuniary
estimation is ca.usedto the offended party or
third persons (REYES, Book Two, supra at
CHAPTER FIVE: 971).
CULPABLEINSOLVENCY 2. Estafa with abuse of confidence (Art. 315
(ART. 314) - No. 1-b); and

ELEMENTS: -(OMPD)
a. Money, _£J0Ods, or other personal property be
ARTICLE 314 receiyed by the offender in trust, or on
FRAUDULENTINSOLV~NCY commission, or for administration, or under
any other obligation involving the duty to
ELEMENTS: (DAP) make Qelivery of, or to return, the same;
b. There be Misappropriation or conversion of
1. The offender is a Qebtor, that is, he has ·such money or :property by the offender, or
obligations due and demandable; denial on his part of such receipt;
2. He Absconds with his property; and c. Such misappropriation or conversion or
3. There be f.rejudice to his "creditors (Id. at 9'65). denial is to the f.rejudice ofanother; and
\
d. There be _Qemand made by the offended
party to the offender (REYES, Book Two,
CHAPTER SIX: supra at 974).

SWINDLING AND OTHER 3. Estafa bY taking undue advantage of the

DECEITS
(ARTS. 315-318)
;
ARTICLE 315
SWINDLING/ESTAFA
ELEMENTS IN GENERAL: (DeED)
1. The accused Defrauded another by abuse of
confidence, or by means of deceit; and
2. Damage or prejudice capable of pecuniary
gstimation is caused to the offended party or
third persons (Id. at 809).
3. Qamage or prejudice may consist of: (MoPT)
a. The offended party being deprived of his
Money or property as a result of the
defraudation;
b. Disturbance in f.roperty rights; or
signature in blank (Art. 315, No. 1-c).
ELEMENTS: (BDWL)
a. The paper with the signature of the offended
party be in §.lank;
b. The offended party should have Qelivered it
to the offender;
c. Above the signature of the offended party a
document is Written by the offender without
authority to do so; and
d. The document so written creates a ,biability
of,or causes damage to the offended party
or any third person (Id. at 1006).
ESTAFA BY MEANS OF DECEIT
(Art. 315, No. 2)
ELEMENTS: (F 2 1D)
1. There must be false pretense, fraudulent act or
fraudulent means;

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2. Such false pretense, fraudulent act or fraudulent any part of his baggage from any of the said
means must be made or executed prior to or establishments after obtaining credit, food,
simultaneously with the commission of the refreshment or accommodation therein
Eraud; without paying therefor (REYES, Book Two:
3. The offended party must have relied on the false' supra at 1053).
pretense, fraudulent act, or fraudulent means
that is, he was !nduced to part with his money o~ ESTAFA THROUGH FRAUDULENT
property because of the false pretense, MEANS (Art.315, No. 3)
fraudulent act, or fraudulent means; and
4. As a result thereof, the offended party suffered
1. Estafa by Inducing another to Sign any
Document (Art. 315, No. 3-A);
Qamage (Id. at1007).

WAYS OF COMMITTING ESTAFA BY MEANS OF ELEMENTS: (DOPP)

DECEIT: a. That the offender induced the offended party
1. Article 315 No. 2 (A): (NPD) to sign a Qocument;
a. By using a fictitious Name; b. That Qeceit be employed to make him sign
the document;
b. By falsely f.retending to possess:(PIQP-
c. That the offended party f.ersonally signed
CAB)
the document; and
i. f.ower;
d. That f.rejudice be caused (Id. at 1054).
ii. !nfluence;
iii. Qualifications;
2. Estafa by Resorting to Some Fraudulent
iv. f.roperty;·
Practice to Ensure Success in Gambling (Art.
v. ~redit;
315, No. 3-B); and .
vi. Agency; or
vii. .§usiness or imaginary transactions; and
c. By means of other similar Qeceits (REYES, ~a. J>Y Removing, Concealing or
toiit)!g Documents (Art. 315, No. 3-C).
Book Two, supra at 1008).
ELEMENT$: (CoReD)
2. Article 315 No. 2 (8)
a. There: be Court record, office files,
Committed by altering the quality, fineness
documents or any other papers;
or weight of anything pertaining to his art or
business. b. The offel'lder Removed, concealed, or
~~tr )l§lQ~!'Wof them; and
3. Article 315 No. 2 (C) c. ~ffi;thder had intent to Qefraud
anof er(ld. at 1056).
- Committed by pretending to havebribed any
Government employee.
ARTICLE 316
4. Article 315 No. 2 (D) OTHER FORMS OF SWINDLING
ELEMENTS: (OFu) PERSONS LIABLE: (PKOEAS)
a. The offender postdated a check, or issued a
1. Any person who, fretending to be the owner of
check in payment of an Obligation; and
any real property, shall convey, sell, encumber
b. Such postdating or issuing a check was
or mortgage the same;
done when the offender had no Funds in the
bank, or his funds deposited therein were
ELEMENTS: (IRAP)
not sufficient to cover the amount of the
a. The thing be !mmovable, such as a parcel of
check (REYES, Book Two, supra at 1026).
land or a building (which must be of actual
existence);
5. Article 315, No. 2 (E)
b. The offender who is not the owner of said
property should ,Bepresent that he is the
PUNISHABLE ACTS: (FCR)
owner thereof;
a. Obtaining Eood, refreshment or
c. The offender should have executed an Act
accommodation at hotel, inn, restaurant,
of ownership (selling, leasing, encumbering
boarding house, lodging house or apartment
or mortgaging the real property); and
house without paying therefor, with intent to
d. The act be made to the f.rejudice of the
defraud the proprietor or manager thereof;
owner or a third person (Id. at 1062-1063).
b. Obtaining ~redit at any of the said
establishments by the use of any false
2. Any person who, ,!Snowingthat real property is
pretense; or
encumbered, shall dispose of the same,
c. Abandoning or surreptitiously ,Bemoving
although such encumbrance be not recorded;

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ELEMENTS: (RKED)
a. The thing disposed of be ,Beal property;
b. The offender fSnew that the real property
was encumbered, whether the
encumbrance is_recorded or not (hence, the
principle of constructive notice does not
apply);
c. There must be .l;_xpressrepresentation by
the offender that the real property is free
from encumbrance; and
d. The act of disposing of the real property be
made to the Qamage of another (Id. at
1066).
3. The Owner of any personal property who shall
wrongfully take it from its_lawful possessor, to
the prejudice of the latter or any third person;
ELEMENTS: (PePTP)
a. The offender is the owner of Personal
property;
b. Said personal property is in the lawful
fossession of another; · 2. By (a) !nterpreting dreams, (b) Making forecasts,
c. The offender wrongfully Iakes it from its
lawful possessor (if taken_from an unlawful
possessor, Art. 429 of the Civil Code
applies); and
d. frejudice is thereby caused to the
possessor or third person (Id. at 1072).
4. Any person who, to the prejlldice of another,
shall gxecute any fictitious contract;
5. Any person who shall Acc;ept any compensation
for services not rendered or 'for labor not
performed; and
6. Any person who shall ~ell, mortgage or
encumber real property with which the off-ender
guaranteed the fulfillment of his obligation as
surety.
ELEMENTS:
a. T~e offender is a surety in a bond given in a
criminal or civil action;
b. He guaranteed the fulfillment of such
obligation with his real property or
properties;
c. He sells, mortgages, or in any manner
encumbers said real property; and
d. Such sale, mortgage or encumbrance is:
i. Without express authority from · the
court,
ii. Made before the cancellation of his
bond, or
iii. Before being relieved from the
obligation contracted by him (Id. at
1075).
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SUMMARY OF ELEMENTS
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ARTICLE 317
SWINDLING A MINOR
ELEMENTS: (DAMI)
1. The transaction is to the Qetriment of such minor
2. The offender takes Advantage of the
inexperience or emotions or feelings of a minor;
3. The consideration is some loan of Money, credit,
or other personal property; (if real property, Art.
318 applies; a minor cannot convey real property
without judicial authority); and
4. He !nduces such minor to assume an obligation,
or to give release, or to execute a transfer of any
property right (Id. at 1082).
ARTICLE 318
OTHER DECEITS
PUNISHABLE ACTS: (DI)
1. Qefrauding or damaging another• by any other
deceits not mentioned in the preceding articles;
telling fortunes, (c) Taking advantage of the
Credulity of the public in any other manner, for
profitor gain (Id. at 1083).
CHAPfER SEVEN:
CHAITELMORTGAGE
(ART. 319)
ARTICLE 319
REMOVAL, SALE OR PLEDGE OF
. MORTGAGED PROPERTY
PUNISHABLE ACTS: (KS)
1. fSnowingly removing any personal property
mortgaged under the Chattel Mortgage Law to
any province or city other than the one in which
it is located at the time of execution of the
mortgage, without the written consent of the
mortgagee or his executors, administrators or
assigns (REYES, Book Two, supra at 1088); and
Removal of Mortgaged Property
ELEMENTS: (PMR-PeN)
a. fersonal property is mortgaged under
Chattel Mortgage Law;
b. The offender knows that such property is so
Mortgaged;
c. He Removes . such mortgaged personal
. property to any province or city other than
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the one in which it was located at the time of
the execution of the mortgage;
d. The removal is Permanent; and
e. There is No written consent of mortgagee,
executors, administrators, or assigns to
"such removal (Id.).
2. §elling or pledging personal property already
pledged, or any part thereof, under the terms of
the Chattel Mortgage Law, without the consent of
the mortgagee written on the back of the
mortgage and noted on the record thereof in the
office of the register of deeds of the province
where such property is located(REYES, Book
Two, supra at 1088).
Sale or Pledge of Mortgaged
Already Pledged
ELEMENTS: (AON)
a. Personal property is Already pledged under
Chattel Mortgage Law;
b. Offender, who is the mortgagor, sells or
pledges the same property or any part
thereof; and
c. No consent of mortgagee written on the
back of the mortgage and noted on the
record thereof in the Office of the Register of
Deeds (REYES, Book Two, supra at 1091).
CHAPTER EIGHT:
ARSON AND OTHER CRIMES
INVOLVING DESTRUCTION
(ARTS. 320-326B)
'
ARTICLES 320-326-B
REPEALED BY
PRESIDENTIAL DECREE 1613 -
AMENDING THE LAW ON ARSON
The laws on arson in force today are P.D. No. 1613
and Art. 320, as amended by R.A. No. 7659. The
provisions of P. D. No. 1613 which are inconsistent
with R.A. No. 7659 (such as Sec. 2 of P.D. No. 1613)
are deemed repealed,
KINDS OF ARSON: (SiDe-O)
1. Simple Arson (P.O. No. 1613, Sec. 1);
2. Destructive arson (RPG, Art. 320, as amended
by R.A. No. 7659); and
3. Other cases of arson (P.O. No. 1613, Sec. 3).
Simple Arson
When any person burns or sets fire to the property
of another, or his own property under circumstances
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which expose to danger the life or property of
another (P.O. _No. 1613, Sec. 1); It is the malicious
destruction of property by fire.
Destructive Arson
Burning of: (E-OTW-C)
1. One (1) or more buildings or §.difices,
consequent to one single act of burning, or as a
result of simultaneous burnings, or committed
on several or different occasions;
2. Any building of public or private Ownership,
devoted to the public in general or where people
usually gather or congregate for a definite
purpose such as, but not limited to, official
governmental function or business, private
transaction, commerce, trade workshop,
Property meetings and conferences, or merely incidental
to a definite purpose such as but not limited to
hotels, motels, transient dwellings, public
conveyances or stops or terminals, regardless of
whether the offender had knowledge that there
are persons in said building or edifice at the time
it is set on fire and regardless also of whether
the building is actually inhabited or not;
3. Any !rain or locomotive, ship or vessel, airship
or airplane, d.evoted to transportation or
conveyance, or for public use, entertainment or
leisure;
4. Any building, factory, Warehouse installation
and any appurtenances thereto, which are
devoted to the service of-public utilities; or
5. Any building the burning of which is for the
purpose of .Qoncealing or destroying evidence of
another violation of law, or for the purpose of
concealing bankruptcy or defrauding creditors or
.to collect from insurance (RPG, Art. 320, as
. .amended by R.A. No. 7659, Sec. 10).
There is also Destructive Arson: (2AM)
1. When the arson is committed by two if}or more
persons, regardless of whether their purpose is
merely to burn or destroy the building or the
burning merely constitutes an overt act in the
commission of another violation of the law;
2. When any person shall burn:
a. Any Arsenal, shipyard, storehouse or
military power or fireworks factory,
ordinance, storehouse, archives or general
museum of the Government; or
b. In an inhabited place, any storehouse or
factory of inflammable or explosive
Materials (Id.).
Other cases of Arson:
Burning of: (GIP-OMA)
1. Any building used as offices of the §overnment
or any of its agencies;
2. Any !nhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or
mine shaft, flatform or tunnel;
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4. Any plantation, farm, land pasture, growing crop, Qualifying Circumstance: Damage shall result in
grain field, Orchard, bamboo grove or forest; the derailment of cars, collision, or other accident
5. Any rice Mill, sugar mill, cane mill, or mill central; (REYES, Book Two, supra at 1120).
and
6. Any railway or bus station, Airport, wharf or ARTICLE 331
warehouse (P.O. No. 1613, Sec. 3). DESTROYING OR DAMAGING
STATUES, PUBLIC MONUMENTS OR
CHAPTER NINE: PAINTINGS
MALICIOUS MISCHIEF
PERSONS LIABLE:
(ARTS. 327-331) 1. Any person who shall destroy or damage statues
or any other useful or ornamental public
monuments; and
2. Any person who shall destroy or damage any
ARTICLE 327
useful or ornamental painting of a public_nature.
WHO ARE LIABLE FOR MALICIOUS
MISCHIEF

ELEMENTS: (DeNotMe) , CHAPTER TEN:

1. · The offender Deliberately caused damage to the ..EXEMPfION FROM
property of another; ·
2. Such act does Not constitute arson or other
CRIMINAL LIABILITY IN
crimes involving destruction; and CRIMES AGAINST
3. The act of damaging another's s property be PROPERTY
committed Merely for the sake of damaging it {Id.
at 1112-1113).
(ART. 332)
. ·•·

ARTICLE328
SPECIAL CASES OF ·MALICIOUS , ARTICLE 332
MISCHIEF. PERSONS EXENJPT FROM CRIMINAL
LIABILITY
SPECIAL CASES OF MALICIOUS
MISCHIEF ARE: (OPoi-NC) CRIMESfNVOL't/ED IN THE EXEMPTION:
1. Causing damage to Obstruct the perforrnance of 1. Theft;
public functions; 2. Swindling (estafa); and
2. Using Poisonous or corrosive substances;. 3. Malicious· mischief (REYES, Book Two, supra.
3. Causing damage to the property of the J':!ational at 1122).
Museum or National Library, or to any archive or
registry, waterworks, road, promenade, or any PERSONS EXEMPTED:
other thing used in common by the public; and
4. Spreading any infection or contagion among 1. Spouses;
~attle (REYES, Book Two, supra at 1117). 2. Ascendants and descendants, relatives by
affinity in the sa~e line;
3. Brothers and sisters and brothers-in-law and
ARTICLE 329 sisters-in-law, if living together; and
OTHER MISCHIEFS 4. Widow if the property is not yet divided for then
Mischiefs not included in the next preceding article she is a co-owner (BOADO, supra at 950-951).
and are punished according to the value of damage 5. Stepfather, adopted father, natural children,
caused. concubine, paramour included as ascendants by
affinity (REYES, Book Two, supra at 1123).
ARTICLE 330
DAMAGE AND OBSTRUCTION TO
MEANS OF COMMUNICATION
Person Liable: Any person who shall damage any
railway, telegraph or telephone lines.

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TITLE ELEVEN: · CHAPTER 1WO:

CRIMES AGAINST ACTS OF LASCIVIOUSNESS
CllASTITY (ARTS. 336)

ARTICLE 336
CHAPTER ONE: ACTS OF LASCIVIOUSNESS
ADULTERY AND
ELEMENTS: (LEC-FoDFU)
CONCUBINAGE 1. The offender commits any act of ,basciviousness
(ARTS. 333-334) or lewdness;
2. The act of lasciviousness is committed against a
person of gither sex; and
3. It is done under any of the following
ARTICLE 333 fircumstances: (FoDFU)
ADULTERY a. By using Force or intimidation;
b. When the offended party is Qeprived of
reason or otherwise unconscious;
ELEMENTS: (MaNoK)
c. By means of fraudulent machination or
1. The woman is Married; grave abuse of authority; or
2. She has sexual intercourse with a man Not her · d. When the offended party is Y.nder 12 years
husband; and - of ~e or is demented (REYES, Book Two,
3. As regards the man with whom she has sexual $f/Jmiat1142-1143).
intercourse, he must Know her to be married
(REYES, Book Two, supra at 1128).

ARTICLE 334 CHAPTER THREE:

CONCUBINAGE SEDUCTION, CORRUPTION
ELEMENTS: (MAK)
OFC::MINDRS
'.·•' .. ' AND WHITE
' '
... SLAVE TRADE
'' ,'

1. The man must be Married;

2. He committed Any of the following acts: (CSC)
a. Keeping· a mistress in the fonjugal dwelling
(mistress must live therein as such);
b. Having sexual intercourse under
§candalous circumstances with a woman
who is not his wife (proof of actual sexual
relations not required as long as it can be
inferred); or
c. fohabiting with her in any other place (as
husband and wife); and
3. As regards the woman, she must Know him to
be married (REYES, Book Two, supra at 1136).
ARTICLE 335
WHEN AND HOW RAPE IS COMMITTED
Art. 335 has been repealed by R.A. No. 8353 (Anti-
Rape Law of 1997) effective October 22, 1997.
Provisions on Rape are found in Arts. 266-A to 266-
D under Crimes against Persons (REYES, Book
Two, supra at 948).
(ARTS. 337-341)
ARTICLE 337
QUALIFIED SEDUCTION
TWO CLASSES:
1. Seduction of a virgin over twelve (12) years and
under eighteen (18) years of age by persons who
abuse their authority or the confidence reposed
in them; and
2. Seduction of a sister by her brother or
descendant by her ascendant, regardless of her
age and reputation (REYES, Book Two, supra at
1155).
ELEMENTS: (VOSA)
1. The offended party is a ~irgin;
2. She must be Over twelve (12) and under
eighteen (18) years of age;
3. The offender had §exual intercourse with her;
and
4. There is Abuse of authority, confidence or
relationship on the part of the offender (Id.}.

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. ARTICLE 342
ARTICLE 338 ABDUCTION
SIMPLE SEDUCTION
ELEMENTS: (WAL) -
ELEMENTS: (ORSeD) 1. The person abducted is a Woman regardless of
1. The offended party is Over 12 and under 18 years her age, civil status, or reputation;
of age; 2. The abduction is Against her will; and
2. She must be of good Reputation, single or widow; • 3. The abduction is with k_ewd designs (REYES,
3. The offender has Sexual intercourse with her; Book Two, supra at 1182).
and
4. It is committed by means of Qeceit (REYES, ARTICLE 343
Book Two, supra at 1161).
CONSENTED ABDUCTION
ARTICLE 339
ACTS OF LASCIVIOUSNESS WITH THE ELEMENTS: (VOCoL)
1. The offended party must be a ~irgin;
CONSENT OF THE OFFENDED PARTY
2. She must be Over 12 and under 18 years of age;
3. The taking away of the offended party must be
ELEMENTS: (LUA) with her Consent, after solicitation or cajolery
1. The offender commits acts of !:asciviousness or from the offender; and
lewdness; 4. The taking away of the offend_edparty must be
2. The acts are committed upon a woman who is a with _bewddesigns (REYES, Book Two, supra at
virgin or single or a widow of good reputation, 1191).
!J_ndereighteen (18) years of age but over twelve
( 12) years, or a sister or descendant regardless
of her reputation or age; and
3. The offender accomplishes the acts by Ab4se of CHAPTER FIVE:
authority, confidence, relationship or deceit
(REYES, Book Two, supra at 1164).
PROVISIONS RELATING TO
THE PRECEDING CHAPTERS
ARTICLE 340 OF TITLE ELEVEN
CORRUPTION OF MINORS (ARTS. 344-346)
AS AMENDED BY BATAS PAMBANSA BLG. 92

PUNISHABLE ACTS
Promoting or facilitating the prostitution or.corruption ARTICLE 344
of persons under age to satisfy the lust of another PROSECUTION OF THE CRIMES OF
(REYES, Book Two, supra at 1166). ADULTERY, CONCUBINAGE,
SEDUCTION, ABDUCTION, RAPE AND
ARTICLE 341 ACTS OF LASCIVIOUSNESS
WHITE SLAVE TRADE
HOW PROSECUTED:
PUNISHABLE ACTS: (BuPS) 1. Adultery and concubinage must be prosecuted
1. Engaging in the Business of prostitution; upon the complaint signed by the offended
2. frofiting by prostitution; and spouse (and in the absence of an express or
3. Enlisting the ~ervices of women for the purpose implied pardon).
of prostitution (REYES, Book Two, supra at 2. Seduction, abduction and acts of lasciviousness
1173). must be prosecuted upon the complaint signed
by (and in the absence of an .express pardon)
the offended party -
a. Even if a minor; or
CHAPTER FOUR: b: If of legal age and not incapacitated, only
ABDUCTION she can file complaint.

(ARTS. 342-343) If a minor or incapacitated and refuses to file

either of the next succeeding persons may file:
a. Either of the parents;

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, b. Either of the grandparents whether paternal

or maternal side; TITLE TWELVE:
c. Legal or judicial guardians; or
d. The State, as parens patriae when the CRIMES AGAINST THE
offended party dies or · becomes CIVIL STATUS OF
incapacitated before she could file the
complaint and she has no known parents, PERSONS
grandparents or guardians (RULES OF
COURT, Rule 110, Sec. 5).

ARTICLE 345
CIVIL LIABILITY OF PERSONS GUil TY CHAPTER ONE:
OF CRIMES AGAINST CHASTITY SIMULATION OF BIRTHS
AND USURPATION OF CIVIL·
PERSONS WHO ARE GUil TY OF. RAPE, STATUS
SEDUCTION OR ABDUCTION SHALL (ARTS. 347-348)
ALSO BE SENTENCED: (IOS)
1. To !ndemnify the offended woman;
2. To acknowledge the Qffspring, except:
a. In adultery and concubinage since only an ARTICLE 347
illegitimate child may be acknowledged; SIMULATION OF BIRTHS,
b. Where either the offended party or the SUBSTITUTION OF ONE CHILD FOR
accused is married;
ANOTHER, AND CONCEALMENT OR
c. When paternity cannot be determined as in
multiple rape; and -ABANDONMENT OF A LEGITIMATE
d. Other instances where the law should CHILD
prevent the offender from doing so; and
3. In every case to §_upportthe offspring (REYES, PUNISHABLE ACTS:
Book Two, supra at 1206).
1. Simulation of births;
2. Substitution of one child for another; and
ARTICLE 346 3. Concealing or abandoning any legitimate child
LIABlLITY OF ASCENDANTS, with intent to cause such child to lose its civil
GUARDIANS, TEACHERS, OR OTHER status (REYES, Book Two, supra at 1213).
PERSONS ENTRUSTED WITH THE
CUSTODY OF THE OFFENDED PARTY ARTICLE 348
Persons who cooperate as accomplices but are USURPATION OF CIVIL STATUS
punished as principals in seduction, abduction, acts Usurping the civil status of another is committed by
of lasciviousness, acts of lasciviousness with the assuming the filiation or the parental or conjugal
consent of the offended party, corruption of minors, rights of another, with intent to enjoy the rights
white slave trade: (AGCTA) arising from the civil status of the latter (REYES,
1. Ascendants; Book Two, supra at 1216).
2. Guardians;
3. ~urators;
4. Ieachers; and
5. Any person, who cooperates as accomplice with CHAPTER TWO:
abuse of authority or confidential relationship ILLEGAL MARRIAGES
(REYES, Book Two, supra at 1210).
(ARTS. 349-352)

ARTICLE 349
BIGAMY

ELEMENTS: (LeDiCE)
1. The offender is .!.&_gailymarried;
2. The marriage has not been Dissolved or, in case

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the spouse is absent, the absent spouse could ARTICLE 353

not yet be presumed dead according to the Civil · LIBEL
Code;
3. He ~ontracts a second or subsequent marriage;
and · ELEMENTS: (IPMaDiC)
4. The second or subsequent marriage has all the 1. There must be an !mputation of a crime, or a vice
_l;ssential requisites for validity (REYES, Book or defect, real or imaginary, or any act, omission,
Two, supra at 1218). condition, status or circumstance;
2. The imputation must be made fublicly;
ARTICLE 350 3. It must be Malicious;
4. The imputation must be Directed at a natural
MARRIAGE CONTRACTED AGAINST
person or a juridical person, or one who is dead;
PROVISIONS OF LAWS · and
(Illegal Marriage) 5. The imputation must tend to ~ause the dishonor,
discredit, or contempt of the person defamed
ELEMENTS: (CRIB) (REYES, Book Two, supra at 1239).
1. That the offender ~ontracted marriage;
2. That he knew at the time that ARTICLE 354
a. The Requirements of the law were not REQUIREMENT OF PUBLICITY
complied with; or
b. The marriage was in disregard of a legal tHE PRESUMPTION OF MALICE IS
!mpediment; and . ..
3. The offender must not be guilty of ~igamy
REBUTTED IF IT IS SHOWN BY THE
(REYES, Book Two, supra at12J0). · ACCUSED TftAT:
1. The defamatory imputation is true, in case the
ARTICLE 352 law allows proof of the truth of the imputation
(see Art. 361 );
PERFORMANCE OF ILLEGAL
2. It is published with good intention; or
MARRIAGE CEREMONY 3. . There is justifiable motive for making it (REYES,
Priests or ministers of any religious denomination or Book Two, supra at. 1253).
sect, or civil authorities who shall perform or
authorize any illegal marriage ceremony shall be MALICE IS NOT · PRESUMED IN THE
punished under the Marriage Law. ·
FOLLOWIN.G CASES INVOLVING
QUALIFIEDLY PRIVILEGED
COMMUNICATION:
TITLE THIRTEEN: 1. Private communication made by any person to
another in the performance of any legal, morat
CRIMES AGAINST .. or social duty (RPG, Art. 354, Par. 1);
HONOR
REQUISITES OF THE FIRST KIND OF
PRIVILEGED COMMUNICATION: (LAG)
a. The person who made the communication
had a ,begal, moral or social duty to make
CHAPTER ONE: the communication, or, at least, he had an
interest to be upheld;
LIBEL b. The communication is Addressed to an
(ARTS. 353-362) officer or a board, or superior, having some
interest or duty in the matter; and
c. The statements in the communication are
made in Good faith without malice (in fact).

SECTION ONE: The defense of privileged communication will be

DEFINITIONS, FORMS, AND overcome if it is shown that:
PUNISHMENT OF THE CRIME 1. The defendant acted with malice in fact; or
2. There is no reasonable ground for believing
the charge to be true (REYES, Book Two,
supra at 1256-1257).

2. A fair and true report, made in good faith, without

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any comments or remarks, of any Judicial, ELEMENTS: (REMPO)

legislative, or other official proceedings which
1. The offender is a Reporter, .5.ditoror Manager of
are not of confidential nature or of any a r:iewspaper, daily or magazine;
statement, report, or speech delivered in said 2. He fublishes facts connected with the private
proceedings, or of any-other act performed by life of another; and
public officers in the exercise of their functions 3. Such facts are Offensive to the honor, virtue
(RPG, Art. 354, Par. (2)).
and reputation of said person (REYES, Book
Two, supra at 1284).
REQUISITES OF THE SECOND KIND OF
PRIVILEGED COMMUNICATION:
a. That it is fair and true report of a judicial,
ARTICLE 358
legislative,- or other official proceedings SLANDER (Oral Defamation)
which are not of a confidential nature, or of
a statement, report or speech delivered in TWO · KINDS OF SLANDER (ORAL
said proceedings, or of any other act DEFAMATION):
performed by a public officer in the exercise
1. Simple slander; and
of his functions; •
2. Grave slander, when it is of a serious and
b. That it is made in good faith; and
insulting nature (REYES, Book Two, supra at
c. That it is without any comments or remarks
1286).
(REYES, Book Two, supra at 1265).

ARTICLE 355 FACTORS THAT. DETERMINE THE

LIBEL BY MEANS OF WRITINGS GRAVITY OF ORAL DEFAMATION:
1. Expressions used;
ORSIMILAR MEANS
2.. Personal _.relations of the accused and the
s1.'.: ·o~n~iparty;
COMMITTED 'BY MEANS OF: 3. Circumstamces surrounding the case; and
(P3WETLACE) 4. Social ~t~nding and position of the offended
1. frinting; party (RE¥ES, Book Two, supra at 1287).
2. fhonograph;
3. fainting; ARTICLE 359
4. Writing; ;$.LANDER BY DEED
5. gngraving;
6. Iheatrical exhibition;
ELEMENT gnNPA)
7. .!:,_ithography;·
8. Any similar means; 1,.;Jhe offender performs any act tl_otincluded in
9. finematographic radio; or •·; k"1¥:J)t!l,ercrime against honor;
10. ,sxhibition 2. · Such act is performed in the fresence of other
(REYES, E:JookTwo, supra at 1278). persons; and
3. Such Act casts dishonor, discredjt, or contempt
ARTICLE 356 upon the offended party (Id.at 1289).
THREATENING TO PUBLISH AND
OFFER TO PREVENT SUCH
PUBLICATION FOR A COMPENSATION SECTION TWO:
GENERAL PROVISIONS
PUNISHABLE ACTS:
1. Threatening another to publish a libel
concerning him, or his parents, spouse, child or ARTICLE 360
other members of the family; and
2. Offering to prevent the publication of such libel PERSONS RESPONSIBLE FOR LIBEL
for compensation or money consideration
(REYES, Book Two, supra at 1282). PERSONS LIABLE: (PAEP)
1. The person who fublishes, exhibits or causes
ARTICLE 357 the publication or exhibition of any defamation in
PROHIBITED PUBLICATION OF ACTS writing or similar means;
REFERREDTOINTHECOURSE 2. The Author or editor of a book or pamphlet;
3. The ,sditor or business manager of a daily
OF OFFICIAL PROCEEDINGS newspaper magazine or serial publication; and

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4. The owner of the frinting plant which publishes
a libelous article with his consent and all other
persons who in any way participate in or have
connection with its publication (REYES, Book
Two, supra at 1295).
2. By such act he directly !ncriminates or imputes
to an innocent person the commission of a
crime; and
3. Such act does Not constitute perjury (REYES,
Book Two, supra at 1308).

ARTICLE 361 ARTICLE 364

PROOF OF THE TRUTH INTRIGUING AGAINST HONOR
It is committed by any person who shall make any
WHEN PROOF OF TRUTH IS intrigue which has for its principal purpose
ADMISSIBLE IN A CHARGE FOR LIBEL: blemishing the honor or reputation of another
(REYES, Book Two, supra at 1311).
(CG)
1. When the act or omission imputed constitutes a
frime regardless of whether the offended party
is a private individual or a public officer;
2. When the offended party is a Government
TITLE FOURTEEN:
employee, even if the imputation does not QUASI-OFFENSES
constitute a crime, provided it is related to the
discharge of his official duties (REYES, Book
Two, supra at 1302).

REQUISITES OF DEFENSE IN SOLE CHAPTER:

DEFAMATION: (TGJ) CRIMINAL NEGLIGENCE
1. It appears that the matters charged as libelous (ART. 365)
are Irue; ·
2. It was published with Good motives; and
3. For Justifiable ends (REYES, Book Two, supra
at 1304). ARTICLE 365
IMPRUDENCE AND NEGLIGENCE
ARTICLE 362
LIBELOUS REMARKS PUNISHABLE ACTS: (RSDL)
Art. 362 does not punish the publication of privileged' 1. Committing through Reckless imprudence any
matters b1Jt the libelous comments or remarks about act wbich, · had it been intentional, would
such privileged matters. Thus, the author and editor
constitute a grave or less grave felony or light
of a newspaper who distorts, mutilates, or discolors felony (Par. 1);
the official proceedings reported by him or add 2. Committing through §_imple imprudence or
comments thereon to cast aspersibn on the negligence an act which would otherwise
character of the parties concerned, is guilty of libel,
constitute a grave or less serious felony (Par. 2);
notwithstanding the fact that the defamatory matter,
3. Causing Qamage to the property of another
published in connection with a privileged matter
through reckless imprudence or simple
(REYES, Book Two, supra at 1307). imprudence or negligence (Par. 3); and
4. Causing through simple imprudence or
negligence some wrong which, if done
maliciously, would have constituted a ,bight
CHAPTER TWO: felony (Par. 4).
INCRIMINATORY
MACHINATIONS · ELEMENTS OF RECKLESS/
(ART. 363-364) IMPRUDENCE: (FVM-Maln)
1. The offender does or Eails to do an act;
2. The doing of or the failure to do that act is
yoluntary;
ARTICLE 363 3. It be without Malice;
4. Material damage results; and
INCRIMINATING INNOCENT PERSONS
5. There is Inexcusable lack of precaution on the
part of the person performing or failing to
ELEMENTS: (PIN) · perform such act taking into
1. The offender ferforms an act; consideration:(EDO)

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a. ~mployment or occupation; drops, or other electric service wires, without

b. Qegree of intelligence, physical condition; previous authority or consent of the private ·
and electric utility or rural electric cooperative
c. Other circumstances regarding persons, concerned;
time and place (Id. at 1321). b. Tapping, making or causing to be made any
)
connection to the existing electric service
ELEMENTS OF SIMPLE IMPRUDENCE: facilities of any duly registered consumer
(LaNot) · without the latter's or the electric utility's
consent or authority;
1. · There is Lack of precaution on the part of the
c. Tampering, installing or using a tampered
offender; and
electrical meter, jumper, current reversing
2. The damage impending to be caused is Not transformer, shorting or shunting wire, loop
immediate nor the danger clearly manifest connection or any other device which
(REYES, Book Two, supra at1334). interferes with the proper or accurate
registry or metering of electric current or
otherwise results in its diversion in a manner
SPECIAL PENAL LAWS whereby electricity is stolen or wasted;
d. Damaging or destroying an electric meter,
equipment, wire or conduit or allowing any
SUMMARYOF of them to be so damaged or destroyed as
to interfere with the proper or accura\e
ELEMENTS metering of electric current; and
e. Knowingly using or receiving the direct
benefit of electric service obtained through
any of the acts mentioned in subsections
(a), (b), (c), and (d) above.
NEW ANTI-CARNAPPING
ACTOF2016 2 .. Theft of Electric Transmission Lines and
REPUBLIC ACT NO. 10883 Materials (Sec. 3)
a. Cutting, sawing, slicing, separating,
splitting, severing, smelting, or removing
any electric power transmission
ELEMENTS: (TIB-CoVIF) tirre/material or meter from a tower, pole, or
1. There is an actual Iaking of the vetJicle;
anyother installation or place of installation
· or any other place or site where it may be
2. The offender !ntends to gain from the taking of
the vehicle; · rightfully or lawfully stored, deposited, kept,
s.to9ked, inventoried, situated or located,
.3. The vehicle §elongs to a person other than the
without the consent of the owner, whether or
offender himself;
not the act is done for profit or gain; ·
4. The taking is without the Consent of the owner
b. Taking, carrying away or removing or
thereof; or that the taking was committed by
transferring, with or without the use of a
means of Yiolence against or intimidation of
motor vehicle or other means of
persons, or by using Eorce upon things (People
conveyance, any electric power
v. Garcia, G.R. No. 138470, April 1, 2003).
transmission line/material or meter from a
tower, pole, any other installation or place of
installation, or any place or site where it may
be rightfully or lawfully stored, deposited,
ANTI-ELECTRICITY AND kept, stocked, inventoried, situated or
ELECTRIC TRANSMISSION located without the consent of the owner,
LINES MATERIALS whether or not the act is done for profit or
gain;
PILFERAGE ACT OF 1994 c. Storing, possessing or otherwise keeping in
REPUBLIC ACT NO. 7832 his premises, custody or control, any electric
power transmission line/material or meter
without the consent of the owner, whether or
not the act is done for profit or gain; and
PUNISHABLE ACTS: d. Loading, carrying, shipping or moving from
1. Illegal Use of Electricity (Sec. 2) one place to another, whether by land, air or
a. Tapping, making or causing to be made any sea, any electrical power transmission
connection with overhead lines, service line/material, whether or not the act is done

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for profit or gain, without first securing a 25. Gathering and Marketing of Shell Fishes or
clearance/permit for the said purpose from Other Aquatic Species (Sec. 110)
its owner or the National Power Corporation 26. Obstruction to Navigation or Flow or Ebb of Tide
(NPC) or its regional office concerned, as in any Stream, River, Lake or Bay (Sec. 111)
the case may be. 27. Noncompliance with Good Aquaculture
Practices (Sec. 112)
28. Commercial Fishing Vessel Operators
Employrng Unlicensed Fisherfolk, Fishworker or
THE PHILIPPINE Crew (Sec. 113) .
29, Obstruction of Defined Migration Paths (Sec.
FISHERIES CODE OF 1998 114)
REPUBLIC ACT NO. 8550, 30. Obstruction to Fishery Law Enforcement (Sec.
AS AMENDED BY 115)
31. Noncompliance with Fisheries Observer
, REPUBLIC ACT NO. 10654 Coverage (Sec. 116)
32. Noncompliance with Port State Measures (Sec.
117)
33. Failure to Comply with Rules and Regulations on
PUNISHABLE ACTS: Conservation and Management Measures (Sec.
1.. Unauthorized Fishing (Sec. 86) ,. 118)
2. Engaging in Unauthorized Fisheries Activities 34. Noncompliance with Vessel Monitoring
(Sec. 87) Measures (Sec. 119) .
3. Failure to Secure Fishing Permit Prior to ·35.. Constructing, Importing or Converting Fishing
Engaging in Distant Water Fishing (Sec ..88) Vessels or Gears· Without Permit from the
4. Unreported Fishing (Sec. 89) Department (Sec. 120)
5. Unregulated Fishing (Sec. 90) 36. Use of Unlicensed Gear (Sec. 121)
6. Poaching in Philippine Waters (Sec. 91) 37. Falsifying, Concei!lling or Tampering with Vessel
7. Fishing Through Exptosives; Noxious or . Markings, Identity or Registration (Sec. 122)
Poisonous Substance, or Eiectr:icity (Sec. 92) 38. Concealing, Tampering or Disposing of
8. Use of Fine Mesh Net (Sec. 93) Evidence "elating to an Investigation of a
9. Fishing in Overexploited Mahagement Areas Violation (Sec. 123)
(Sec. 94) . . 39. Noncompliance with the Requirements for the
10. Use of Active Gear in Municip;;il Waters, Bays Introduction of .. froreign or Exotic Aquatic
and Other Fishery Management Areas (Sec. 95) . Species (Sec. 124)
11. Ban on Coral Exploitation and Exportation (Sec. 40: Failure to Comply with Standards and Trade-
96) Related'Measures (Sec. 125)
12. Ban on Muro-ami, Other Methods a{ld <3ear 41. Possessing, Dealing in or Disposing ·I11egally
Destructive to Coral Reefs and Other Marine Caughfor Taken Fish (Sec. 126)
Habitat (Sec. 97) 42. Unauthorized Disclosure of Sensitive Technical
13. Illegal Use of Superlights or Fishing Light . Information (Sec. 127)
Attractor (Sec. 98) 43. Other Violations (Sec. 128)
14. Conversion of Mangroves (Sec. 99)
15. Fishing During Closed Season (Sec. 100)
16. Fishing in Marine Protected Areas, Fishery
Reserves, Refuge and Sanctuaries (Sec. 101) ANTI-FENCING LAW OF 1979
17. Fishing or Taking of Rare, Threatened or
Endangered Species (Sec. 102) PRESIDENTIAL DECREE
18. Capture of Sabala · and Other NO. 1612
Breeders/Spawners (Sec. 103)
19. Exportation of Breeders, Spawners, Eggs or Fry
(Sec. 104)
20. Importation or Exportation of Fish or Fishery ELEMENTS: (CAKI)
Species (Sec. 105) 1. A ~rime of robbery or theft has been committed;
21. Violation of Harvest Control Rules (Sec. 106) 2. The accused, who is not a principal or
22. Aquatic Pollution (Sec. 107) accomplice in the commission of the crime of
23. Failure to Comply with Minimum Safety robbery or theft, buys, receives, possesses,
Standards (Sec. 108) keeps, Acquires, conceals, sells or disposes, or
24. Failure to Submit a Yearly Report on All buys and sells; or in any manner deals in any
Fishponds, Fish Pens, and Fish Cages (Sec. article, item, object or anything of value, which
109)

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has been derived from the proceeds of the said
crime;
3. The accused _!:Snows or should have known that
the said article, item, object or anything of value
has been derived from the proceeds of the crime
of robbery or theft;
4. There is, on the part of the accused, fntent to
gain for himself or for another (Cahulogan vs.
People, G.R. No. 225695, March 21, 2018).
BOUNCING CHECKS LAW
· BATAS PAMBANSA BLG. 22
PUNISHABLE ACTS:
1. Making or drawing and issuing a check knowing
at the time of issue that he does not have
sufficient funds (B.P. Big. 22, Sec. 1, Par. 1).
ELEMENTS: (MAKO)
a. That a person Makes or draws and issues
any check ·
b. That the check is made or drawn and issued
to apply on Account or for value;
c, That the person _!:Snows that at the time of
issue he does not have sufficient.funds in or ·
credit with the drawee bankfor the payment
of such check upon its presentment; and
d. That the check is subsequently Dishonored
by the drawee bank for insufficiency of funds
or credit or would have been dishonored for
the same reason had not the drawer, without
any valid reason, ordered the bank to stop
payment (REYES, Book Two, supra at 861-
862).
2. Failing to keep sufficient funds or to mainta!n
credit to cover the full amount of the check (B.P.
Big. 22, Sec. 1, Par. 2).
ELEMENTS: (S90O5)
a. That a person has §ufficient funds with the
drawee bank when he makes or draws and
issues a check;
b. That he fails to keep sufficient funds or to
maintain a credit to cover the full amount if
presented within a period of 90 days from
the date appearing thereon;
c. That the check is Qishonored by the drawee
bank (REYES, Book Two, supra at 862);
and
d. After receiving such written notice and
demand, refuses or fails to pay the value of
the check within § banking days (FESTIN,
SPL, supra at 157).
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SYNDICATED ESTAFA
PRESIDENTIAL DECREE
NO. 1689
ELEMENTS:
1. Estafa or other forms of swindling under Artic)es
315 to 318 of the Revised Penal Code is
committed
2. It is committed by a syndicate of five or more
persons; and
3. Defraudation results in the misappropriation of
moneys contributed by stockholders, or
members of rural banks, cooperative, samahang
nayon, or farmers' associations, or funds
solicited by corporations/associations from the
general public (People v. Tibayan, G.R. Nos.
209655-60, January 15, 2015).
MIGRANT WORKERS AND
·.c:Q~EAS FILIPINOS ACT
OF1995
REP:lJBLIC ACT NO. 8042,
.·AS AMENDED BY
REPUBLIC ACT NO. 10022
.tbU=GAL RECRUITMENT
•·•~EM~Nrs:
1. The offender undertakes either any activity
within the meaning of "recruitment and
placement" defined under Article 13(b), or any
of the prohibited practices enumerated under
Art. 34 of the Labor Code
2. He has no valid license or authority required by
law to enable one to lawfully engage in
recruitment and placement of workers; and
3. The illegal recruitment is committed by a group
oqhree (3) or more persons conspiring or
confederating with one another (People v.
Gallo, G.R. No. 187730, June 29, 2010).
PROHIBITED ACTS (R.A. 8042, Sec. 6 as
amended by R.A. No. 10022, Sec. 5)
When any person, regardless of whether he is holder
of a license or authority, performs any of the
following prohibited acts:
1. To charge or accept directly or indirectly any
amount greater than that specified in the
schedule of allowable fees prescribed by the
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Secretary of Labor and Employment, or to make
a worker pay or acknowledge any amount
greater than that actually received by him as a
loan or advance;
2. To furnish or publish any false notice or
information or document in relation to
recruitment or employment;
3. To give any false notice, testimony, information
or document or commit any act of
. misrepresentation f~r the purpose of securing a
license or authority under the Labor Code, or for
the purpose of documenting hired workers with
the POEA, which include the act of reprocessing
workers through a job order that pertains to
nonexistent work, work different from the actual
overseas work, or work with a different employer
whether registered or not with the POEA;
4. To include or attempt to.induce a worker already
employed to quit his employment in order to offer
hini another unless the transfer is designed to
liberate a worker from oppressive terms and
conditions of employment;
5. To influence or attempt to influence any person
or entity not to employ any worker who has not
applied for employment throu_ghhi~ agency or
who has formed, joined or supported, or has
contacted or is supported by any union or
workers' organization;
6. To engage in the recruitment or placement of
workers in jobs harmful to public health or
morality or to the dignity of the Republic of the
Philippines; ··
7. To obstruct or attempt to obstruct inspection by
the Secretary of Labor and Employment or by
his duly authorized representatives;
8. To fail to submit reports on the status of
employment, placement vacancies, remittance
of foreign exchange earnings, separation frorn
jobs, departures and such other matters or
information as may be required by the Secretary
of Labor and Employment;
9. To substitute or alter to the prejudice of the
worker, employment contracts approved and
verified by the Department of Labor . and
Employment from the time of actual signing
thereof by the parties up to and including the
period of the expiration of the same without the
approval of the Department of Labor and
Employment; -
10. For an officer or agent of a recruitment or
placement agency to become an officer or
member of the Board of any corporation
engaged in travel agency or to be engaged
directly or indirectly in the management of travel
agency;
11. To withhold or deny travel documents from
applicant workers before departure for monetary
or financial considerations, or for any other
reasons, other than those authorized under the
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CriminalLaw
Labor Code and its implementing rules and
regulations;
12. Failure to actually deploy a contracted worker
without valid reason as determined by the
Department of Labor and Employment;
13. Failure to reimburse expenses incurred by the
worker in connection with his documentation
and processing for purposes of deployment, in
cases where the deployment does not actually
take place without the worker's fault. Illegal
recruitment when committed by a syndicate or in
large scale shall be considered an offense
involving economic sabotage; and
14. To allow a non-Filipino citizen to head or
manage a licensed recruitment/manning
agency.
OTHER PROHIBITED ACTS
In addition to the acts enumerated above, it shall
also be unlawful for any person or entity to
commit the following prohibited acts:
1. Grant a loan to an oversMs Filipino worker with
interest exceeding eight percent (8%) per
annum, which will be used for payment of legal
and allowable placement fees and make the
migrant worker issue, either personally or
through a guarantor or accommodation party,
postdated checks in relation to the said loan;
2. Impose a compulsory and exclusive
arrangement whereby an overseas Filipino
worker is required to avail of a loan only from
specifically designated institutions, entities or
persons;
3. Refuse to condone or renegotiate a loan
incurred by an oyerseas Filipino worker after the
latter's employment contract has been
prematurely terminated through no fault of his or
her own;
4. Impose a compulsory and exclusive
arrangement whereby an overseas Filipino
worker is required to undergo Health
examinations only from specifically designated
medical clinics, institutions, entities or persons,
except in the case of a seafarer whose medical
examination cost is shouldered by the
principal/shipowner;
5. Impose a compulsory and exclusive
arrangement whereby an overseas Filipino
worker is required to undergo training, seminar,
instruction or schooling of any kind only from
specifically designated institutions, entities or
persons, except fpr recommendatory trainings
mandated by principals/shipowners where the
latter shoulder the cost of such trainings;
6. For a suspended recruitment/manning agency
to engage in any kind of recruitment activity
including the processing of pending workers'
applications; and
7. For a recruitment/manning agency or a foreign
principal/employer to pass on the overseas
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MEM-Q~YAID
San Beda UniversityCollege of law - RGCTBar Operations Center

Filipino worker or deduct from his or her salary ACTS PUNISHABLE UNDER SEC. 28
the payment of the cost of insurance fees, and 29
premium or other insurance related charges, ·as
provided under the compulsory worker's 1. Unlawful acquisition or possession of firearms
insurance coverage. and ammunition (Sec. 28);
2. Use of loose firearm, when inherent in the
commission of a crime, shall be considered as
an aggravating circumstance (Sec. 29).
ANTI-ILLEGAL NUMBER
GAMES LAW
PRESIDENTIAL DECREE ANTI-HAZING ACT OF 2018
NO. 1602, REPUBLIC ACT NO. 8049,
AS AMENDED BY AS AMENDED BY
REPUBLIC ACT NO. 9287 REPUBLIC ACT NO. 11053

Illegal Numbers Game is any form of illegal gambling ELEMENTS: (ESP)

activity which uses numbers or combinations thereof
as factors in giving out jackpots (R.A. No. 9287, Sec
2). These are:
1. Jueteng
- An illegal numbers game that involves the
combination of thirty-seven (37) numbers
against thirty-seven (37) numbers from number
one (1) to thirty seven (37) or the combination of
thirty-eight (38) numbers in some areas, serving
as a form of local lottery. where bets are placed
and accepted per combination, and its variants.
2. Masiao
- An illegal numbers game where the winning
combination is derived from the results of the
last game of Jai Alai or the Special Uave portion
or any result thereof based on any fictitious Jai
Alai game consisting of ten (10) players pitted
against one another, and its variants.
3. Last Two
- An illegal numbers game where the winning
combination is derived from the last two (2) ,
numbers of the first prize of the winning
Sweepstakes ticket which comes out during the
weekly draw of the Philippine Charity
Sweepstakes Office (PCSO), and its variants.
1. A person is placed in some gmbarrassing or
humiliating situation or §ubjected to physical or
psychological suffering or injury; and
· 2. These acts were employed as a frerequisite for
the person's admission or entry into an
· organization (People v. Bayabos, G.R. No ..
171222, February 18, 2015).
PUNISHABLE ACTS: (PFAC)
1. farticipation in the hazing;
2. failure to prayent the hazing from occurring
despite actual knowledge thereof;
3. ActualplartAini{otthe hazing; and
4. ~ooperatibn · in carrying out the hazing by
inducing the victim to be present thereat (R.A.
No. 8049, Sec. 4).
COMPREHENSIVE
DANGEROUS DRUGS ACT
OF2002
REPUBLIC ACT NO. 9165,
AS AMENDED BY
REPUBLIC ACT NO. 10640

COMPREHENSIVE ACTS PUNISHABLE UNDER SEC. 5 of

FIREARMS AND R.A. No. 9165: (STA_D3T)
AM;MUNITION 1. §ale of Dangerous Drugs (DD) and/or
Controlled Precursors and Essential Chemicals
REGULATION ACT (CP/EC);
REPUBLIC ACT NO. 10591,
AMENDING P.D. NO. 1866 ELEMENTS OF ILLEGAL SALE: (ID)
a. The !dentity of the buyer and the seller, the
AND R.A. NO.8294 object and the consideration of the sale; and

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b. The Qelivery of the thing sold and the
payment therefor (People v. Villahermosa,
G.R. No. 186465, June 2, 2011).
2. Irading - Transactions involving the illegal
trafficking of dangerous drugs and/or controlled
precursors and essential chemicals using
electronic devices such as, but not limited to,
text messages, email, mobile or landlines, two-
way radios, internet, instant messengers and
chat rooms or acting as a broker in any of such
transactions whether for money or any other
consideration in violation of this Act (R.A. No.
9165, Sec. 3, Par. jj).
3. Administration. - Any act of introducing any
dangerous drug into the body of any person, with
or without his/her knowledge, by injection,
inhalation, ingestion or other means; or of
committing any act of indispensable assistance
to a person in administering a dangerous drug to
himself/herself unless administered by a duty
licensed practitioner for purposes of medication
(R.A. No. 9165, Sec. 3, Par. a). . shall not use or divulge, confidential or classified
4. Qispensation -Any act of giving.away, sening or "
distributing medicine or any dangerous drug with
or without the use of prescription (R.A. ·No. 9165,
Sec. 3, Par. m).
5. Qelivery - Any act of knowingly passing a
dangerous drug to another,. personally or
otherwise, and by any means, with or without
consideration (R.A. No. 9165, Sec. 3, !far. k).
6. Qistribution of DD and/or CP/E.C;and
7. Iransportation of DD a~d/or CP/EC.
POSSESSION OF DAN.GEROUS DRUGS
(Sec. 11)
ELEMENTS: (PINC)
1. The accused is in fossession of an item or
object, which is !dentified to be prohibit~d or
regulated drug; ·
2. Such possession is Not authorized by law; and
3. The accused freely and ~onsciously possess·ed· ·
the drug (People v. Trinidad, G.R. No. 199898,
September 3, 2014).
• CODE OF CONDUCT AND
ETHICAL STANDARDS FOR
PUBLIC OFFICIALS AND
EMPLOYEES
REPUBLIC ACT NO. 6713
PROHIBITED ACTS AND . ,
TRANSACTIONS (Sec. 7): (FOOS)
1. Einancial and material interest. - Public officials
and employees shall not, directly or indirectly,
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have any financial or material interest in any
transaction requiring the approval of their office.
2. Outside employment and other activities related
thereto. - Public officials and employees during
their incumbency shall not:
a. Own, control, manage or , accept
employment as officer, · employee,
consultant, counsel, broker, agent, trustee
or nominee in any private enterprise
regulated, supervised or licensed by their
office unless expressly allowed by law;
b. Engage in the private practice of their
profession unless authorized by the
Constitution or law, provided, that such
practice will not conflict or tend to conflict
with their official functions; or
c. Recommend any person to any position in a
private enterprise which has a regular or
pending official transaction with their office.
a, Qisclosure and/or misuse of confidential
· information. - Public officials and employees
information officially known to them by reason of
their office and not made available to the public,
either:
a. ;To fur:t:her their private interests, or give
undue advantage to anyone; or
b. To prejudice the public interest.
4. §.olicitation or .acceptance of gifts. - Public
officials and employees shall not solicit or
accept, directl,it,r indirectly, any gift, gratuity,
favor, entertainment, loan or anything of
monetary value from any person in the course of
their official duties or in connection with any
· operation being regulated by, or any transaction
which may be affected by the functions of their
office.
AN'fI-GRAFf AND CORRUYf
PRACTICES ACT
REPUBLIC ACT NO. 3019,
ASAMENDED
CORRUPT PRACTICES OF PUBLIC
OFFICIALS: (VG-PEUN-D12 LD)
1. Persuading, inducing or influencing another
public officer to perform an· act constituting a
~iolation of rules and regulations duly
promulgated by competent aut~ority 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 (R.A. No. 3019, Sec. 3, Par. a);
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Al D
Soo Beda University College of Law - RGCT Bar Operations Center
ELEMENTS: (PAV)
a. The offender is a fublic officer;
b. The offender persuades, induces, or
influences Another public officer to perform
an act or the offender allows himself to be
persuaded, induced, or influenced to commit
an act; and
c. The act performed by the other public officer
or committed by the offender constitutes a
~iolation of rules and regulations duly
promulgated by competent authority or an
offense in·connection with the official duty of
the latter (Ampi/ v. Office of the
Ombudsman, G.R. No. 192685, July 31,
2013).
2. Directly or indirectly requesting or receiving any
Gift, present, share, percentage, or benefit, for
himself or for any other person, in connection
with any contract or transaction between the
government and any other party, wherein the
public officer in his official capacity has to
intervene under the law (R.A. No. 3019, Sec. 3;
Par. b);
ELEMENTS: (ORB-CR)
a. The Offender is a public officer;
b. Who Requested or received a gift, a
present, a share, a percentage, or benefit;
c. On .§.ehalf of the offender or any other
person;
d. In ~onnection with a contract or transaction
with the government; and
e. In which the public officer, in an--official
capacity under the law, has. the Right to
intervene (Garcia v:
Sandiganbayail, G.R.
No. 155574, November 20, 2006).
3. Directly or indirectly requesting or receiving any
gift, present or other pecuniary or material .
benefit, for himself or for another, from any
person for whom the public officer, in any
manner or capacity has secured or obtained, or
will secure or obtain, any government fermit or
license, in consideration for the help g~venor to
be given, without prejudice to Sec. 13 of this Act
(R.A. No. 3019, Sec. 3, Par. c);
ELEMENTS: (PSe-HeRe)
a. That the offender is a fublic officer;
b. That in any manner or capacity he has
Secured or obtained, or would secure or
obtain, for a person any government permit
or license;
c. That he requested or received the gift,
present or other pecuniary or material
benefit in consideration f~r Help given or to
be given; and
d. That he directly or indirectly Requested or
received from said person any gift, present
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or other pecuniary or material benefit for
himself or for another (Tecson v.
Sandiganbayan, G.R. No. 123045,
November 16, 1999).
4. Accepting or having any member of his family
accept.5.mployment in a private enterprise which
has pending official business with him during the
pendency thereof or within one (1) year after its
termination (R.A. No. 3019, Sec. 3, Par. d);
5. Causing any !J.ndueinjury to any party, including
the governrpent, or giving any private party any
unwarranted benefits, advantage or preference
in the discharge of his official, administrative or
judicial functions through manifest partiality~
evident bad faith or gross inexcusable
negligence. This provision shall apply to officers
and employees of offices or Government
corporations charged with the grant of licenses
or permits or other concessions (R.A. No. 3019,
Sec. 3, Par. e);
' ELEMENTS: (P2 U2A)
a. Thar the accused are fublic officers or
..pri'l:l;lt,persons charged in conspiracy with
ttterrf
b. That said public officers committed the
frqnibit~d acts during the performance of
their :official duties or in relation to their
public positions;
c. That they caused !J.ndueinjury to any party,
rtt\,:'Government or a private party;
d. ,,:h injury was caused by giving
ynwarranted benefits, advantage or
preference to such parties; and
: That the public officers Acted with manifest
p'cirtiality, evident bad faith or gross
inexcusable negligence (Dela Chica v.
Sandiganbayan, G.R. No. 144823,
December 8, 2003).
6. .Neglecting or refusing, after due demand or
request, without sufficient justification, to act
within reasonable time on any matter pending
before him for the purpose of obtaining, directly
or indirectly, from any person interested in the
· matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his
own interest or giving undue advantage in favor
of or discriminating against any other interested
party (R.A. No. 3019, Sec. 3, Par. f);
ELEMENTS: (PORN)
a. The offender is a fublic officer;
b. Such failure to act is for the purpose of
Obtaining, directly or indirectly, from any
person interested in the matter some
pecuniary or material benefit or advantage
in favor of an interested party, or
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discriminating against another interested
party;
c. Reasonable time has elapsed from such
demand or request without the public officer
having acted on the matter pending before
him; and
d. The said officer has tfeglected or has
refused to act without sufficient justification
after due demand or request has been made
on him ( Salvacion v. Sandiganbayan, G.R.
No. 175006, November 27, 2008).
7. Entering on behalf of the Government, into any
contract or transaction manifestly and grossly
· Qisadvantageous to the same, whether or not
the public officer profited or will profit thereby
(R.A. No. 3019, Sec. 3, Par. g);
ELEMENTS: (PED)
a. That the accused is a fublic officer;
b. That he gntered into a contract or
transaction on behalf of the government;
and
c. That such contract or transaction is grossty
and manifest!{ Qisadvantageous to the
government (Braza v.Sandiganbayan, G.R.
No. 195032, February 20, 2013).
8. Directly or indirectly having financial or
pecuniary !nterest in any business, contract or
transaction in connection with which he
intervenes or takes part in his official' capacity,
or in which he is prohibited by the Constitution
or by any law from having any interest (R.A. No.
3019, Sec. 3, Par. h);
ELEMENTS: (PF-TIP)
a. That the accused is a fubli~ officer;
b. That he has a direct or indirect .Einancial or
pecuniary interest in any business, contract
or transaction; and
c. He either:
i. Iakes part or !ntervenes in his official
capacity in connection with such
interest; or
ii. Is frohibited from having such interest
by the Constitution or by any law (Teves
v. COMELEC, .G.R. No. 180363, April
28, 2009).
9. Directly or indirectly becoming !nterested, for
personal gain, or having material interest in any
transaction or act requiring the approval of a
board, panel or group of which he is a member;
and which exercises discretion in such approval,
1 even if he votes against the same or does not
participate in the action of the board, committee,
panel or group (R.A. No. 3019, Sec. 3, Par. i);
Knowingly approving or granting any kicense,
permit, privilege or benefit in favor of any person
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not qualified for or not legally entitled to such
license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not
qualified or entitled (R.A. No. 3019, Sec. 3, Par.
j);
10. Qivulging valuable information of a confidential
character, acquired by his office or by him on
account of his official position to unauthorized
persons, or releasing such information in
advance of its authorized release date (R.A. No.
3019, Sec. 3, Par. k).
PROHIBITION ON PRIVATE
INDIVIDUALS: (AIKI)
1. Taking Advantage of family or close personal
relation with public official who has to !ntervene
in some business, transaction, application, .
request or contract of the government with any
other person, by directly or indirectly requesting
or receiving any present, gift, or material or
pecuniary advantage from such public official.
2. _!inowingly Inducing or causing any public official
to commit any of the offenses defined in Sec. 3
of this Act (R.A. No. 3019, Sec. 4).
PROHIBITION ON CERTAIN RELATIVES:
The spouse or any relative, by consanguinity or
affinity, within the third Civil degree, of the President,
the Vice-President, Senate President, or the
Speaker of the House of Representatives of the
Philippines is prohibited to intervene directly or
indirectly, in any business, tr~nsaction, contract or
application with the government.
EXCEPTIONS:
1. Any person who, prior to the assumption of office
of any of those officials to whom he is related,
has been already dealing with the government
along the same line of business;
2. Any transaction, contract or application already
existing · or pending at the time of such
assumption of public office;
3. Any application filed by him, the approval of
which is not discretionary on the part of the
official or officials concerned but depends upon
compliance with the requisites provided by law,
or rules or regulations issued pursuant to law;
and ·
4. Any act lawfully performed in an official capacity
or in the exercise of a profession (R.A. No. 3019,
Sec. 5).
PROHIBITION ON MEMBERS OF
CONGRESS: UNLAWFIL ACTS
1. Member of Congress: To acquire or receive any
personal pecuniary interest in any specific
business enterprise which will be directly and
particularly favored or benefited by any law or
resolution authored by him previously approved
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MEM✓Q~Y AID
San Seda UniversityColleg;, of Law - RGCTBar Operations Center
or adopted by the Congress;
2. Any other public officer who recommended the
initiation in Congress of the enactment or
adoption of any law or resolution: To acquire or
receive any such interest during his
incumbency;
3. Both member of Congress and public officer: If
he/she has an interest prior to the approval of
such law or resolution authored or
recommended by him, continues for thirty (30)
days after such approval to retain such interest
(R.A. No. 3019, Sec. 6).
ANTI-PLUNDER ACT
REPUBLIC ACT NO. 7080,
AS AMENDED BY
R.A. NO. 7659
ILL-GOTTEN WEAL TH
Any asset, property, business enterprise or materlalc
possession of any person within the purview of
Section 2 hereof, acquired by him. directly or·
indirectly through dummies, nominees, agents,
subordinates and/or business associates by any
combination or series of the following means or
similar schemes: (MRS-MAC)
1. Through Misappropriation, conversion; misuse
or malversation of public funds or raids on the
public treasury; ...
2. By Receiving, directly or indirectly, any
commission, gift, share, percentage, kickbacks
or any other form of pecuniary benefit from any
person and/or entity in connectiofi with any
government contracUproject or by reason of the
office/position; · acquires, possesses, or uses said monetary
3. By obtaining, receiving or accepting, directly or
indirectly, any §_hares of stock, equity or any
other form of interest or participation including
promise of future employment in any business
enterprise or undertaking;
4. By establishing agricultural, industrial or
commercial Monopolies or other combinations
and/or implementing decrees and orders
intended to benefit particular persons or special
interests;
5. By taking undue Advantage of official position,
authority, relationship, connection or influence to
unjustly enrich himself or themselves at the
expense and to the damage and prejudice of the
Filipino people and the Republic of the
Philippines; or
6. By the illegal or fraudulent ~onveyance or
disposition of assets . belonging to the
government (R.A. No. 7080, as amended by
R.A. No. 7659, Sec. 1, Par. d).
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PLUNDER
Any public officer who, by himself or in connivance
with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or
other persons, amasses, accumulates or acquires ill-
gotten wealth through a combination or series of
overt criminal acts as described in Section 1(d}
hereof in the aggregate amount or total value of at
least Fifty million pesos (PS0,000,000.00) shall be
guilty of the crime of plunder and shall be punished
by reclusion perpetua to death. Any person who
participated with the said public officer in the
commission of an offense contributing to the crime
of plunder shall likewise be punished for such
offense (Sec. 2, as amended by Sec. 12 of R.A. No.
7659).,
ANTI-MONEY LAUNDERING
ACTOF2001
REPUBLIC ACT NO. 9160,
AS AMENDED BY
j :;,;s:J)l::;;:&4
NOS. 9194, 10365
'"",c:;->,•1,AND 10927
.··· ..
MON EV; LAUNDERING OFFENSES
(SEC. :f,r,41,~~NDED)
1. Mon~~ng is committed by any person
who, knowing that any monetary instrument or·
roperty represents, involves, or relates to the
roceeds of any unlawful activity: (TC2A2 P)
_,:fahsacts said monetary instrument or
property; . .
b. Converts, transfer~. disposes of, moves,
instrument or property;
c. Conceals or disguises the true nature,
source, location, disposition, movement or
ownership of or rights with respect to said
monetary instrument or property;
d. Attempts or conspires to commit money
iaundering offenses referred to in
paragraphs (a), (b}, or (c);
e. Aids, abets, assists in or counsels the
commission of the . money laundering
offenses referred to in paragraphs (a}, (b),
or (c) above; and
f. Performs or fails to perform any act as a
result of which he facilitates the offense of
money laundering referred to in paragraphs
(a), (b), or (c) above.
2. Money laundering is also committed by any
covered person who, knowing that a covered or
suspicious transaction is required under this Act
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to be reported to the Anti-Money Laundering
CounGil (AMLC), fails to do so (R.A. No. 9160,
Sec. 4, as further amended by R.A. No. 10365,
Sec. 4).
OBSTRUCTION OF JUSTICE
LAW
PRESIDENTIAL DECREE
NO. 1829
PUNISHABLE ACTS: (PAHD-MATG)
1. freventing witnesses from testifying in any
criminal proceeding or from reporting the
commission of any offense or the identlty of any
offender/s by means of br.ibety;·
misrepresentation, deceit, intimidation; force, or
threats; , .._ . •. · __ .·.
2. Altering, destroying, suppressiA~. ot con9eaffng
any paper, record, documeot or object, with
intent to impair its verity, 96th(;1[lti~, legibility,
availability, or admissibility asevidenoe in any
investigation of or official proceedings in,
criminal cases, or to be '11Sed in ,the investigation
of, or official proceedings in, c;;riminalcases;
3. t!,arboring or concealing, pt: facilitating the
~scape of, any persorl · he knows/ or has
reasonable ground to believe 1;orsuspect has
committed any offense uoder\ existing '··penal
laws in order to prevent bis amlst, prosec0tion
and conviction; < .
4. fublicly using a fictitious na{Tlefor the purpose
of concealing a crime, evadtng prosecutidn or
the execution of a judgment, or.~ol;)C~alinghis
true name and other personal cir~omstance1 for
the same purpose or purposes; · cf ··Cigarette burning; burning by electrically
5. Qelaying 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;
6. Making, · presenting, or using any record,
document, paper or object with knowledge of its
falsity and with intent to affect the course or
outcome of the investigation of, or official
proceedings in, criminal cases;
7. Soliciting, Accepting, or agreeing to accept ariy
benefit in consideration of abstaining from,
discounting, or impeding the prosecution of a
criminal offender; .
8. !hreatening directly or indirectly another with
the infliction of any wrong upon his person,
honor or property or that of any immediate
member or members of his family in order to
prevent such person from appearing in the
investigation of, or official proceedings in,
criminal cases, or imposing a condition, whether
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lawful or unlawful, in order to prevent a person
from appearing . in the investigation of or in
official proceedings in, criminal cases; and
9. Giving of false or fabricated information to
mislead or prevent the law enforcement
agencies from apprehending the offender or
from protecting the life or property of the victim;
or fabricating information from the data gathered
in confidence by investigating authorities for
purposes of background information and not for
publication and publishing or disseminating the
same to mislead the investigator or to the court
(P.O. No. 1829, Sec. 1).
ANTI-TORTURE ACT
OF2009
REPUBLIC ACT NO. 9745
·•···
,·,·:::-
PUNISHABl.E,ACTS:
1. ·Physical to_rt\4re
- is a for111oftreatment or punishment inflicted
by a. person in aut!iority or agent of a person in
authority upon'another in his/her custody that
causes severe pain, exhaustion, disability, or
dysfunction bf qne iOr more parts of the body,
such as; (SPECS.;T~D-FEP 2O)
aq §ystem1tic __ -,.·~eating, head banging,
· punchir,g, kiGkirg, striking with truncheon or
rifle l:>utt or other similar objects, and
jurnpi'hg on tire stomach;
. b. _Eooddeprivation or forcible feeding with
.spoiled food, animal or human excreta, and
· oth.erstuff or substances not normally eaten;
c. . ile~tric shock;
heated rods, hot oil, acid; by the rubbing of
pepper or other chemical substances on
mucous membranes, or acids or spices
directly on the wound(s);
e. The §ubmersion of the head in water or
water polluted with excrement, urine, vomit,
and/or blood until the brink of suffocation;
f. Being !ied or forced to assume fixed and
stressful bodily position;
g. Bape and sexual abuse, including the
insertion of foreign objects into the sex
organ or rectum, or electrical torture of the
genitals; ·
h. Mutilation or Amputation of the essential
parts of the body such as the gen1talia,ear,
tongue, etc.;
i. Qental torture or the forced extraction of the
teeth;
j. Pulling out of fingernails;
k. Harmful 5xposure to the elements such as
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sunlight and extreme cold; ELEMENTS OF THE CRIME OF

I. The use of materials like flastic bag and
others placed over the head to the point of
asphyxiation; .
m. The use df Psychoactive drugs to change
the perception, memory, alertness, or will of
a person; such as administration of drugs to
induce confession and/or reduce mental
competency; use of drugs to induce extreme
pain or certain symptoms of a disease; and
n. Other analogous acts of physical torture
(R.A. No. 9745, Sec. 4, Par. a).
2. Mental or Psychological Torture
- acts committed by a person in _authorityor
agent of a person in authority which are
calculated to affect· or confuse the mind and/or
undermine a person's dignity and morale, such
as: (BTS-P 2 UMTD-SCA)
a. Blindfolding.
b. Threatening a person(s) or his/her
relative(s) with bodily harm, execution or
other wrongful acts;
c. Confinement in solitary cells or §ecret
detention places; .
d. Prolonged interrogation;
e. Preparing a prisoner for a "show trii:!l",_fublic
display or public humiliation of cJ:detainee or
prisoner;
f. Causing Y,nscheduled transfer of a ~rson
deprived of liberty from ·one P,faeeto
another, creating th.e belief that he/she shall
be summarily executed; · · tc:4.
g. Maltreating a member/sofa person:s famify;
h. Causing the Iorture sessions to be
witnessed by the person's family, relatives
or any third party;
i. Denial of sleep/rest;
j. Shame infliction such as stripping the
person naked, parading him/her"in pu~lic
places, shaving the victim'~ hea? or pu~m.g
marks on his/her body against his/her will;
k. Deliberately prohibiting · the victim to
fommunicate with any member of his/her
family; and
I. Other analogous acts
mental/psychological torture (R.A. No.
9745, Sec. 4, Par. b).
ANTI-TERRORISM ACT
OF2020
REPUBLICACTN0.11479
TERRORISM:
1. Engagement in any of the following acts,
regardless of the stage of execution: .
a. acts intended to cause death or serious
bodily injury to any person, or endanger~ a
person's life
b. acts intended to cause extensive damage or
destruction to a government or public
facility, public place or private property
c. acts intended to cause extensive
interference with, damage or destruction to
critical infrastructure
d. Develops, manufactures, possesses,
acquires, transports, supplies or uses
weapons,· exclusives or of biological,
nuclear, radi9logical or chemical weapons;
or
e. Release . of dangerous substances, or
causing fire, floods or explosions; and
2. The purpose of engagement in any of the acts
under paragraph (a) by its nature and context, is
to:
to intimidate the general public or segment
th f,
·.. ::;,q1;mr{x~~a,0t:1Jaan atmosphere or spread a message
of fear\ .
c. to prqvoke or influence by intimidation the
go.verfunent or any international
organlzatipn, or ..
d. ~riously destroy the fundamental poht1cal,
·. · ·pr seriously undermine public
1, /RR)
CONSPIRACY TO COMMIT TERRORISM
qnspiracy when two (2) or· more. persons
'agreement concerning the commission
of terrorism and decide to commit the same (R.A.
11479, Sec. 7).
PROPOSAL TO COMMIT TERRORISM
This is committed by any person who proposes to
commit terrorism as defined in Section 4 (R.A.
11479, Sec. 8).
of
INCITING TO_COMMIT TERRORISM
This is committed by any person who, without taking
any direct part in the commission of terrorism, shall
incite others to the execution of any of the acts
specified in Section 4 by means of speeches,
proclamations, writings, emblems, banners or other
representations tending to the same end (R.A.
11479, Sec. 9).

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SUMMARY OF ELEMENTS
Criminal Law

HUMAN SECURITY ACT THE TERRORISM

OF2007 FINANCING PREVENTION
REPUBLIC ACT NO. 9372 AND
-
SUPPRESSION ACT .

ELEMENTS: (AFP)
1. Offender commits an Act punishable under any
of the cited provisions of the RPC, or under any
of the enumerated special penal laws;
2. Commission of the predicate crime sows and
creates a condition · of widespread and
extraordinary - fear and panic among _thE!
populace; and
3. The furpose of the crime is to coerce the
government to give in to an unlawful· demand
(Southern Hemisphere Engagement Network,
Inc. v. Anti-Terrorism Council, G.R. No. 178552;
October 5, 2010; R.A. No. 9372, Sec: 3).
PREDICATE OF CRIMES OF
TERRORISM:
1. Under the RPC: (PReCK-M,D) .- _ __ _
a. firacy in, g~neral and Mutinfin the High
Seas or in the Philippine Waters (1rt. 122);
b. Rebellion or Insurrection (Art. 134};
c. ~_oup d'etat, including -acfs comrnitted by
private persons (Art 134,,a); , 2.
d. .!iidnapping and Serious Illegal Detention
(Art. 267); ' .
e. Murder (Art. 248); al'ld
f. Crimes involving Qestruction (Art. 324).
2. Under Special Laws: (FAPATH)
a. Decree Codifying the La~_s on IJlegat and
Unlawful Possession, Manufacture. Dealing
in, Acqui'sition or Disposition of, f)reanns,
Ammunitions or Explosives (P.O. No..1JJ66)
b. Law on Arson (P.O. No. 1613); · organization, association or group of·
c. Anti-firacy and Anti-Highway Robbery Law
, of 1974 (P.O. No. 532);
d. Atomic Energy Regulatory and Liability Act
of 1968 (R.A. No. 5207);
e. Ioxic Substances and Hazardous and
Nuclear Waste Control Act of 1990 (R.A. No.
6969); and
f. Anti-.!::!ijacking Law (R.A. No. 6235) (R.A.
No. 9372, Sec. 3). ·
OF2012
REPUBLIC ACT NO. 10168
PUNISHABLE ACTS:
1. Financing of Terrorism (Sec. 4)
a. Directly or indirectly, willfully and without
lawful excuse, possessing, providing,
collecting or using property or funds or
making available property, funds or financial
service or other related services, by any
means, with the unlawful and willful intention
that they should be used or with thE!
· - jsnowledge that they are to be_used, in full or
i11part:
L to c::irry out or facilitate the commission
qfcahY,terrorist act;
_ it by a terrorist organization, association
·or group~ or
iii. by an individual terrorist
b. Organizing or;directing others to commit
financing of terrorism
Dealing with Property or Funds of
Designated Persons (Sec. 8) ·
a. Dealingidirectti or indirectly, in any way and
by ant'means, '.withany property or fund that
·· he k,nows or has reasonable ground to
believe is owned or controlled by a
qE!signated person, organization,
· associatiOn or group of persons, including
funds;.derived or generated from property or
fµndsowned or controlled, directly or
··indirectly, by a designated person,
persons;
b. Making available any property or funds, or
financial services or other related services to
a designated ano/or identified person,
organization, association, or group of
persons.
ANTI-WIRE TAPPING LAW
REPUBLIC ACT NO. 4200

. PUNISHABLE ACTS:
It shall be unlawful for any person: (TPA)
1. Not being authorized by all the parties to any
private communication or spoken word, to Iap

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San Seda UniversityCollege of I.aw - OOCTBar Qi:ierationsCenter

any wire or cable, or by using any other device ·a. fybersex;

or arrangement, to secretly overhear, intercept, b. Child f_ornography;
or record such communication or spoken word c. Y.nsolicited Commercial Communications;
by using a device commonly known as a and
dictaphone, dictagraph, . walkie-talkie, or tape d. ,bibel (R.A. No. 10175, Sec. 4).
recorder, or however otherwise described (Sec.
1, Par. 1);. 4. Other Offenses (Sec. 5)
2. Be a participant or not in the act or acts a. Aiding or Abetting in the Commission of
penalized in the next preceding sentence, to Cybercrime ·
knowingly f_os$ess any tape record, wire record, Any person Who willfully abets or aids in
disc record, or any other such record, or copies the commission of any of the offenses
thereof, of any communication or spoken word enumerated in this Act shall be held liable
secured either before or after the effective date (Par. a).
of this Act in the manner prohibited by this law;
or to replay the same for any other person or b. Attempt in· the Commission of
persons; or to communicate the contents Cybercrime ,
thereof, either verbally or in writing, or to furnish Any person who willfully attempts to
transcriptions thereof, whether complete or commit any of the offenses enumerated in
partial, to any other person; and this Act shall be held liable (Par. b).

NOTE: The use of such rncord or any copies

thereof as evidence in any civil, criminal .
investigation or trial of offenses mentioned .in ANTI-CHILD
Sec. 3 hereof, shall not be covered by this · ·
prohibition (Sec. 1, Par. 2). PORNOGRAPHY
·ACTOF2009
3. Willfully or ~nowingly does or who st;tall Aid,
permit, or cause to be done any of the acts
REPUBLIC ACT NO. 9775
.\ ; \

declared to be unlawful in the preceding.section

or who violates the provisions of the following
section or of any order issued thereurider, or
PUNISMASLE"ACTS: (P5 -CHEW-FEK)
aids, permits, or causes suchviolation(Sec. 2).
1. To•f~~~. ~J~t, manufacture or create any
form:,~·<lljj{dJ,mmography; .
2. To .e_ublish offer, transmit, sell, distribute,
CYBERCRIME PREVENTION broadcast, advertise, promote, export or import
·•·.•.•0,:~9¥form of child pornography;
ACTOF2012 • :,aJt.iifr0~ossess any form of child pornography with
REPUBLICACTNO.10175 the intent to sell, distribute, publish, or
broadcast: Provided, that possession of three
(3) or more articles of child pornography of the
same form shall be prima facie evidence of the
CYBERCRIME OFFENSES: intent to sell, distribute, publish or broadcast;
4. For a f_arent, legal guardian or person having
1. Offenses Against the Confidentiality,
integrity and Availability of Computer Data . custody or control of a child to knowingly permit
the child to engage, participate or assist in any
and Systems (12 DS-MC):
form of child pornography;
a. Illegal Access;
5. To f.ossess any form of child pornography;
b. Illegal Interception;
6. To ~onspire to commit any of the prohibited acts
c. Qata Interference;
stated in this section. Conspiracy to commit any
d. §.ystem Interference;
form of child pornography shall be committed
e. Misuse of Devices;
when two (2) or more persons come to an
f. fyber-squatting (R.A. No. 10175, Sec. 4).
agreement concerning the commission of any of
the said prohibited acts and decide to commit it;
2. Computer-Related Offenses: (F21)
7. To !:fire, employ, use, persuade, induce or
a. Computer-related forgery;
coerce a child to perform in the creation or
b. Computer-related fraud;
production of any form of child pornography;
c. Computer-related !dentity Theft (R.A. No.
10175, Sec. 4).
8. To .!;_ngagein the luring or grooming of a child;
9. To Willfully access any form of child
pornography;
3. Content-Related Offenses: (CPUL)

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CriminalLaw

10. For Film distributors, theaters and or any similar activity through VCD/DVD,
telecommunication companies, by themselves internet, cellular phones an<:! other similar
or in cooperation with other entities, to distribute means or device ((R.A. No. 9995, Sec. 4, Par.
any form of child pornography; d).•
• 11. To gngage in pandering of any form of child
pornography; and
12. To ~nowingly, willfully and intentionally provi<;:le
· a venue for the commission of prohibited acts ANTI-SEXUAL
as, but not limited to, dens, private rooms,
cubicles, cinemas, houses or in establishments
HARASSMENT ACT OF 1995
purporting to be a legitimate business (R.A. No. REPUBLIC ACT NO. 7877
9775, Sec. 4).

ELEMENTS OF CHILD PORNOGRAPHY:

(CEVE)
1. That there must be representation of a fhild;
2. That the child is gngaged or involved in real or
simulated explicit sexual activities;
3. That the representation of the child may be
Visual, audio, or written form or combination
thereof; and µ• " ; 7
ELEMENTS:
1. The offender has aut~ority, influence or moral
ascendancy over victim in a work, training, or
education environment;
2. The offender demands, requests or otherwise
requires any sexual favor from the victim (I
· CAMPANILLA, SPL, supra at 51).
·

4. That the representation of ttie· chik;j is ~):'.

Electronic, mechanical, digitalftlptical, m~rietic
or any other means(/ CAMPA'°r~iUA, $PL, supra
at 143-144). · · · · ·· ANTI-TRAFFICKING IN
PERSONS ACT OF 2003
REPUB·UCACT NO. 9208,
ANTI-PHOTO .ANDVIDEO AS.AMENDED BY
VOYEURISM ~.CT OF 2909 REPUBLIC.ACT NO. 10364
.REPUBLIC ACT NQ. 999Q
f>UNISHA8LE ACTS:
1. Acts of:Trafficljing in Persons: (RIO-UMAFO-
PUNISHABLE ACTS: (TCSP) AC-BO) ..
1. To Iake photo or video coverage of~ per-s()nor a. T d ··Becruit, obtain, hire, provide, offer,
group of persons performing sex.!,Jalact or any · tran~port, transfer, maintain, harbor, or
similar activity or to capture an fm€1geof the .· r,~ive a person by any means, including
private area of a person/s such as the naked or ·· those done under the pretext of domestic or
undergarment clad genitals, pubic area, overseas employment or training or
buttocks or female breast without the consent of apprenticeship, for the · purpose of
the person/s involved and under circumstances prostitution, pornography, or sexual
in which the person/s has/have a reasonable exploitation;
expectation of privacy (R.A. No. 9995, Sec. 4, b. · To Introduce or match for money, profit, or
Par. a); material, economic or other consideration,
2. To ~opy or reproduce, or to cause to be copied any person or, as provided for under RA
or reproduced, such photo or video or recording 6955, any Filipino woman to a foreign
of sexual act or any similar activity with or national, for marriage for the purpose of
without consideration (R.A. No. 9995, Sec. 4, acquiring, buying, offering, selling or trading
Par. b); him/her to engage in prostitution,
3. To Sell or distribute, or cause to be sold or pornography, sexual exploitation, forced
distributed, such photo or video or recording of labor, slavery, involuntary servitude or debt
sexual act, whether it be the original copy or bondage;
reproduction thereof (R.A. No. 9995, Sec. 4, Par. c. To Offer or contract marriage, real or
c); or simulated, for the purpose of acquiring,
4. To Publish or broadcast, or cause to be buying, offering, selling, or trading them to
published or broadcast, whether in print or engage in prostitution, pornography, sexual
broadcast media, or show or exhibit the photo or
video coverage or recordings of such sexual act

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ME~O~YAID
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exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
d. To Y.ndertake or organize tours and travel
plans consisting of tourism packages or
activities for the purpose of utilizing and
offering persons for prostitution,
pornography or sexual exploitation;
e. · To Maintain or hire a person to engage in
prostitution or pornography;
f. To Adopt persons by any form of
consideration for exploitative purposes or to
facilitate the same for purposes of
prostitution, pornography, · sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
g. To adopt or facilitate the adoption of
persons for the purpose of prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt
bondage;
h. To recruit, hire, adopt, transport, transfer,
obtain, harbor, maintain, provide, offer,
receive or abduct a person, by means of
threat or use of force, fraud, deceit, violence; · ·
coercion, or intimidation for the purpose of
removal or sale of Organs of said person; -
i. To recruit, transport, obtain, transfer, harbor,
maintain, offer, hire, provide, receive or
adopt a child to engage in Armed activities.
in the Philippines or abroad;
j. To recruit,-transport, transfer, harbo( obtain,
maintain, offer, hire, provide or receive a
person by means defined in Section 3 for
. purposes of forced labor, slavecy, debt
bondage and · involuntacy . setvitude,
including a scheme, plan, or pattern
intended to f ause the person either.
i. To believe that if the person did not
perform such labor or services, he or
she or another person would suffer
serious harm or physical restraint; or
ii. To abuse or threaten the use of law or
the legal processes; and
k. To recruit, trc3nsport,harbor, obtain, transfer,
maintain, hire, offer, provide, adopt or
receive a child for purposes of exploitation
or trading them, including but not limited to,
the act of baring and/or selling a child for any
consideration or for §arter for purposes of
exploitation. Trafficking for purposes of
exploitation of children shall include:
i: All forms of slavery or practices similar
to slavery,. involuntary servitude, debt
bondage and forced labor, including
recruitment of children for use in armed
conflict;
ii. The use, procuring or offering of a child
for prostitution, for the production of
pornography, or for pornographic
performances;
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iii. The use, procuring or offering of a child
for the production and trafficking of
drugs; and
iv. The use, procuring or offering of a child
for illegal activities or work which, by its
nature or the circumstances in which it
is carried out, is likely to harm their
health, safety or morals; and
I. To Organize or direct other persons to
commit the offenses defined as acts of
trafficking (R.A. No. 9208, as amended by
R.A. No. 10364, Sec. 4).
2. Attempted Trafficking in Persons
In cases where the victim is a child, any of the
following . acts shall also be deemed as
attempted trafficking in persons: (FERS 2)
a. facilitating the travel of a child who travels
alone to a foreign country or territory without
valid reason therefor and without the
, required clearance or permit from the
Department of Social • Welfare and
Development, or a written permit or
justification from the child's parent or legal
guardian;
1,._,;, ~E!~ing, for a consideration, an affid_avitof
· consent or a written consent for adoption;
c. Recruiting a woman to bear a child for the
purpose of selling the child;
d. §.imulating a birth for the purpose of selling
ttJe child; and
e. !oliciting a child and acquiring the custody
· ,;;~h any means from among
" · clinics, nurseries, daycare
centers, refugee or evacuation centers, and
.. low-income families, for the purpose of
_;i:y:;,~f::'.:·:.;:,Relling
the child (R.A. No. 9745, as amended
.::\ · ,u;;:,:;;;;tJf"'R.A.No. 10364, Sec. 4-A).
3. Acts that Promote Trafficking in Persons
(Sec. 5, RA 9208 as amended by Sec. 8, RA
10634): (LPA2 -FC-BDe2 U)
a. To knowingly _bease or sublease, use or
allow to be used any house, building or
establishment for the purpose of promoting
trafficking in persons;
b. To f.roduce, print and issue or distribute
unissued, tampered or fake counseling
certificates, registration stickers and
certificates of any government agency which
issues these certificates and stickers as
proof of compliance with government
regulatory and pre-departure requirements
for the purpose of promoting trafficking in
persons;
c. To Advertise, publish, print, broadcast or
distribute, or cause the advertisement,
publication, printing, broadcasting or
distribution by any means, including the use
of information technology and the internet,
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SUMMARY OF ELEMENTS
Criminal Law

of any brochure, flyer, or any propaganda

material that promotes trafficking in persons; ANTI-VIOLENCE AGAINST
d. To Assist in the conduct of WOMEN AND THEIR
misrepresentation or fraud for purposes of
facilitating the acquisition of clearances and CHILDREN ACT OF 2004
necessary exit documents from government REPUBLIC ACT NO. 9262
agencies that are mandated to provide pre-
departure registration and services for
departing persons for the purpose of
promoting trafficking in persons; ELEMENTS: (RAD)
e. To facilitate, assist or help in the exit and
1. The offender has or had a sexual or dating
entry of persons from/to the country at
Relationship with the offended woman;
international and local airports, territorial
2. The offender, by himself or through another,
boundaries and seaports who are in
commits an Act or series of acts of harassment
possession of · unissued, tampered or
against the woman; and
fraudulent travel documents for the purpose
3. The harassment alarms or causes substantial
of promoting trafficking in persons;
emotional or psychological Qistress to her (Ang
f. To fonfiscate, conceal, or destroy the
~ Sagud, G.R.No. 182835,April20, 2010).
passport, travel documents, or personal
documents or belongings of trafficked
persons in furtherance of trafficking or to
prevent them from leaving the country or
seeking redress from the government or
SPECI.¾ PROTECTION OF
appropriate agencies; ·cHlLQREN AGAINST CHILD
g. To knowingly §.enefit. from,, financial or ABUSE,EXPLOITATION
otherwise, or make use . of, the labor or
a
services of a person held to condition of AND:,DISCRIMINATION,
involuntary servitude, forced labor, or ASAMENDED
slavery, ·
tJ. To tamper with, destroy; or cause the
REPUBLIC'ACT NO. 7610
Destruction of evidence, or to influence. or
attempt to influe11ce witnesses, in an
investigation or prosecution; · ·
ELEMENTSaF~EXUALABUSEUNDER
i. To Destroy, conceal; remove, confiscate or
possess, or attempt to destroy, conceal, SEC $(a), Art. Ill of R.A. No. 7610: (EACA)
remove, confiscate or possess, any actual · 1. The accused gngages in, promotes, facilitates
or purported passport or other travel, or induces child prostitution;·
immigration or working permit or document; 2 .. ,The Act is done through, but not limited to, the
or any other actual or purported government following means: (PIA-VM)
identification, of any person in order to a. acting as a frocurer of a child prostitute;
prevent or restrict, or attempt to prevent or . . ,. b. Inducing a person to be a client of a child
restrict, without lawful authority, the person's prostitute by means of written or oral
liberty to move or travel in order to maintain advertisements or other similar means;
the labor or services of that person; or c. taking Advantage of influence or
j. To .Y_tilizehis or her office to impede the relationship to procure a child as a
investigation, prosecution or execution of prostitute;
lawful orders. d. threatening or using Y.iolence towards a
child to engage him as a prostitute; or
4. Qualified Trafficking in Persons (Sec. 6, RA e. giving Monetary consideration, goods, or
9208 as amended by Sec. 9, RA 10634): other pecuniary benefit to a child with intent
(CASA-PM-AIDS-60M) to engage such child in prostitution;
a. When the trafficked person is a fhild; 3. The f hild is exploited or intended to be exploited
b. When the Adoption is effected through RA in prostitution; ahd
8043, otherwise known as the "Inter- 4. The child, whether male or female, is below
Country Adoption Act of 1995" and it is for 18 years of Age (People v. Dulay, G.R. No. 193854,
the purpose of prostitution, pornography, September 24, 2012).
sexual exploitation, forced labor, slavery,
i,nvoluntary servitude or debt bondage;
c. When the crime is committed by a
§.yridicate, or in large scale;

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MEM✓Q~Y AID
San Seda Uni\lersl!yCollege of. Law - RGCTBar Operations Center

ELEMENTS OF SEXUAL ABUSE UNDER gratification of the perpetrator with the effect
SEC.-S(b), Art. Ill of R.A. No. 7610: (SPA) of demeaning, harassing, threatening or
intimidating the offended party including
1. The .accused commits the act of §.exual flashing of private parts, public
intercourse or lascivious conduct; masturbation, groping, and similar lewd
2. The said act is ferformed with a child exploited sexual actions (R.A. No. 11313, Sec. 11-b)
in prostitution or subjected to other sexual
abuse;and 3. Third-Degree Offenses:
3. The child, whether male or female, is below 18 a. Stalking
years of Age (Garingarao v. People, G.R. No. b. Any of the acts mentioned in Section 11
192760, July 20, 2011). paragraphs (a) and (b), when accompanied
by touching, pinching or brushing against
the body of the offended person; or
c. Any touching, pinching, or brushing against
SAFE SPACES ACT the genitalia, face, arms, anus, groin,
REPUBLIC ACT NO. 11313 · breasts, inner thighs, face, buttocks or any
part of the victim's body even when not
accompanied by acts mentioned in Section
11 paragraphs (a) and (b) (R.A. No. 11313,
The Safe Spaces Act addresses four (4) categories Sec. 11-c).
of gender-based sexual harassment gender-based
streets _and public spaces sexual hai"assment;
GENDER-BASED ONLINE SEXUAL
gender-based online sexual harassment; gender:.
based sexual harassment in the workplace; and',- HARASSMENT
gender-based sexual harassment in educational and . PUNISHABLE ACTS:
training institutions. · :·:qBiitder:ba~ online sexual harassment includes
:". acts ffiatti U$e information and communications
GENDER-BASED STREETS: AND . · tes;hnology irf>,terrorizing and intimidating victims
through: ' • ·
PUBLIC SPACES SE;XUAL
1. PhysiQal, psychological, and emotional threats,
HARASSMENT unwanted sexual misogynistic, transphobic,
PUNISHABLE ACTS: homophobic aradsexist remarks and comments
1. First-Degree Offenses: oajim;,. · ·t'flUblicly or through direct and
a. Cursing private.' ··s;
b. Wolf-whistling 2. Invasion of victim's privacy through
c. Catcalling , -••
_____
---:·· pyberstalking and incessant messaging;
d. Leering and intrusive gazing :¾► ~,t:}llpl()ading and sharing without the consent of
___
e. Taunting, pursing, unwanted invitations · >+::,,-<tt,eJ-JJl<itim, any form of media that contains
f. Misogynistic, transphobic, homophobic,· and photos, voice, or video with sexual content;
sexist slurs 4. Any unauthorized recording and sharing of any
g. Persistent unwanted comments ori one's of the victim's photos, videos, or any information
appearance online;
h. Relentless requests for one's personal 5. Impersonating identities of victims online or
details such as name, contact and social posting lies about victims to harm their
media details or destination reputation; or
i. Use of words, gestures or actions that 6. Filing, false abuse reports to online platforms to
ridicule on the basis of sex, gender or sexual silence victims (R.A. No. 11313, Sec. 12)
orientation, identity and/or expression
including sexist, homophobic, and GENDER-BASEDSEXUAL
transphobic statements and slurs
HARASSMENT IN THE WORKPLACE
j. Persistent telling of sexual jokes
k. Use of sexual names, comments and PUNISHABLE ACTS:
demands; and 1. An act or series of acts involving any unwelcome
I. Any statement that has made an invasion on sexual advances, requests or demand for sexual
a person's personal space or threatens the favors or any act of sexual nature, whether done
person's sense of personal safety (R.A. No. verbally, physically or through the use of
11313, Sec. 11-a). technology such as text messaging or electronic
mail or through any other forms of information
2. Second-Degree Offenses: and communication systems, that has or could
a. Making offensive body gestures at someone have a detrimental effect on the conditions of an
and exposing private parts for the sexual

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individual's employment or education, job
performance or opportunities;
2. A conduct of sexual nature and other conduct-
based, on sex affecting the dignity of a person,
which is unwelcome, unreasonable, and
offensive to the recipient, whether done verbally,
physically or through the use of technology such
as text messaging or electronic mail or through
any other forms of information and
communication systems;
3. A conduct that is unwelcome and pervasive and
creates an intimidatirig, hostile or humiliating
environment for the recipient: Provided, That the
crime of gender-based sexual harassment may
also be .committed between peers and those
committed to a superior officer by a subordinate,
or to a teacher by a student, or to a trainer by a
trainee. (R.A. No. 11313, Sec. 16)
LIABILITY OF EMPLOYERS
In addition to liabilities for committing acts of gender-
based sexual harassment, employers"may also be.
held responsible for:
1. Non-implementation of their duti~s unger
Section 17 of this Act, as provided )n the penal
provisions; or
2 .. Not taking action on reported ~cts of gender-
based sexual harassment committed in the
workplace. (R.A. No. 11313, Sf!C. 19)
GENDER-BASEDSEXUAL .
HARASSMENT IN EDUCATION · AND
TRAINING INSTITUTIONS
Liability of School Heads
In addition to liability for committing actsof genqer~
based sexual harassment, principals, school heads,
teachers, instructors, professors, coache,s, trainers,
or any other person who has authority, influ~nce or
moral ascendancy over another in an educational or
training institution may also be held responsi&fe·for:
1. Non-implementation of their duties under
Section 22 of this Act, as provided in the penal
provisions; or
2. Failure to act on reported acts of gender-based
sexual harassment committed in the educational
institution. (R.A. No. 11313, Sec. 23)
QUALIFYING ACTS:
The penalty next higher in degree will be applied in
the following cases: ·
1. If the act takes place in a common carrier or
PUV, including, but not limited to, jeepneys,
taxis, tricycles, or app-based transport network
vehicle services, where the perpetrator is the
driver of the vehicle and the offended party is a
passenger;
2. If the offended partiis a minor, a senior citizen,
or a person with disability (PWD), or a
breastfeeding mother nursing her child;
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SUMMARY OF ELEMENTS
Criminal-Law
3. .If the offended party is diagnosed with a mental
- problem tending to impair consent;
4. If the perpetrator is a member of the uniformed
S'ervices, such as the · PNP and the Armed
Forces of the Philippines (AFP), and the act was
perpetrated while the perpetrator was in uniform;
and
5. If the act takes place in the premises of a
government agency offering frontline services to
the public and the perpetrator is a government
employee. (R.A. No. 11313, Sec. 15)
EXEMPTED ACTS:
Acts that are legitimate expressions of indigenous
culture and tradition, as well as breastfeeding in
public shall not be penalized .. Expressions of
indigenous culture and tradition include, among
others, the wearing of traditional attires of tribes or
clans that may show partial nudity. Provided that,
such expressions of indigenous culture and tradition
do· not di~criminate against women, girls, and
persqhs of~ •diverse sexual orientation, gender
. 'identity, and expression. (/RR of R.A. No. 1131~,
Sec.40)
DA'{A PRIVACY
ACT OF 2012
REPUBLIC ACT NO. 10173
; .
PUNISHABLE ACTS:
1. Unauthorfzed Processing of Personal
Information and· Sensitive Personal Information
(Se,c. 25) . ,
2 .. Persons wt:io process personal information and
. sensitive 'personal information without the
consent of the data subject, or without being
authorized under this Act or any existing law.
3. Accessing Personal Information and Sensitive
Personal Information Due to Negligence (Sec.
26)
4. Persons who, due to negligence, provided
access to personal information and sensitive
personal information without being authorized
under this Acf or any existing law.
5. Improper Disposal of Personal Information and
Sensitive Personal Information (Sec. 27)
6. Persons who knowingly or negligently dispose,
discard or abandon the personal information and
sensitive personal information of an individual in
an area accessible to the public or has otherwise
placed the personal information and sensitive
personal information of an individual in its
container for trash collection.
7. Processing of Personal Information and
Sensitive Personal Information for Unauthorized
Purposes (Sec. 28)
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MEM:Q~YAlD.
San.Seda Univer$ityCollegeof Law - RGCTBar OperationsCenter

8. Persons processing personal information and

sensitive personal information for purposes not AC1' ESTABLISHING
authorized by the data subject, or otherwise
authorized under this Act or under existing laws.
PRESCRIPTIVE PERIODS
9. Unauthorized Access or Intentional Breach FOR VIOLATIONS OF
(Sec. 29) SPECIAL LAWS AND
10. Persons who knowingly and unlawfully, or
violating data confidentiality and security data MUNICIPAL ORDINANCES,
systems, breaks in any way into any system ASAMENDED
where personal and sensitive personal ACTN0.3326
information is stored.
11. Concealment of Security Breaches Involving ·
Sensitive Personal Information (Sec. 30)
12. Persons who, after having knowledge of a PRESCRIPTION OF VIOLATIONS
security breach and of the obligation to notify the
Commission pursuant to Section 20(f), PENALIZED BY SPECIAL LAWS (Sec. 1):
intentionally or by omission conceals the fact of 1. After 1 year
such security breach. Offenses punished only by a fine or by
13. Malicious Disclosure (Sec. 31) imprisonment for not more than one (1) month,
14. Any personal information controller or personal or both;
information processor or any of its officials,
employees or agents, who, with malice or in bad 2. After 4 years
faith, discloses unwarranted or false information Offenses punished by imprisonment for more
relative to any personal information or personal than one (1) month, but less than two (2) years;
sensitive information obtained by him or her,
15. Unauthorized Disclosure (Sec. 32) $f:;:Afl~~~~rs
16. Any personal information controller or personal . OWend'punished by imprisonment for two (2)
information processor or any of its officials, years or more, but less than six (6) years;
employees or agents, who disclos~ to a third
party personal information and sensitive 4. After 12 years
personal information not coyered by Sec. 31 Offen$es puriished by imprisonment for six (6)
without the consent of the data subject, years or more;\

LARGE-SCALE 5. Aftjr"~
Crime of treason; and
The maximum penalty in the scale penalties shall of
be imposed when the personal information of at least '
one hundred (100) persons is harmed, affected or ,::.:ij.;:f:~~
2months
'',:x:; ..,\tlafauons penalized by municipal ordinances.
involved as the result of the· aboveS mentioned
actions. · ·
START Of' PRESCRIPTION (Sec. 2, Par.
1) .
Reckoning Points
ACT PROHIBITING THE Two reckoning points for the counting of the
prescription of an offense:
IMPOSITION OF 1. The day of the commission of the violation of the
DEATH PENALTY law; and
IN THE PHILIPPINES 2. If the day when the violation was committed be
not known, then it shall begin to run from the
REPUBLIC ACT NO. 9346 discovery of said violation and the institution of
judicial proceedings for investigation and
punishment (Sec. 2).
IN LIEU OF DEATH PENALTY, THE
INTERRUPTION OF PRESCRIPTION
FOLLOWING SHALL BE IMPOSED:
(Sec. 2, Par. 2)
1. Reclusion perpetua - when the law violated
makes use of the nomenclature of the penalties It shall be interrupted when proceedings are
of the Revised Penal Code. instituted against the guilty party, and shalf begin to
2. Life imprisonment - when the law violated run again if the proceedings are dismissed for
does not make use of the nomenclature of the reasons not constituting jeopardy.
penalties of the Revised Penal Code (Sec. 2).

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ANTI-PIRACY AND
ANTI-HIGHWAY ROBBERY
LAWOF1974
PRESIDENTIAL DECREE
NO. 532
PUNISHABLE ACTS:
1. PIRACY
Piracy is committed through: (AT-VIP)
a. A_nyattack upon or seizure of any vessel, or
!aking away of the whole or part thereof or
its cargo, equipment, or the personal
belongings· of its complement or
passengers, irrespective of the value
thereof;
b. By means of Y:iolence against or intimidation
of persons or force upon things; '
c. Committed by any person, !nduding a
passenger or member of th~ corT1pl$11t'ent of
said vessel; and
d. In fhilippine waters (Sec. 2; ,Par. d).
2. HIGHWAY ROBBERY/8RIGANOAGE
Highway Robbery/Brigandage is committed
through: (ST-VAP)
a. §.eizure of any person for ransom, extortion
or other unlawful purposes, or the Iaking
away of the property of i:inother;
b. By means ofY.iolence against or intimidation
of oerson or force uoon thinas of other
unlawful means;
c. Committed by Any person; and
d. On any fhilippine Highway (Sec. 2, Par. e).
ANTI-HIJACKING LAW
REPUBLIC ACT NO. 6235
PUNISHABLE ACTS: (C2 S2 )
1. It shall be unlawful for any person to:
a. fompel the pilot of an aircraft of Philippine
registry to change course or destination;
b. fompel an aircraft of foreign registry to land
in Philippine territory;
c. §.eize or usurp the control thereof, while it is
in flight; and
d. §.eize or usurp the control thereof while it is
within the said territory (Sec. 1).
2. It shall be unlawful for any person, natural or
juridical, to ship, load or carry in any passenger
aircraft operating as a public utility within the
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SUMMARYOF ELEMENTS
Criminal law
Philippines, and explosive, flammable, corrosive
or poisonous substance or material (Sec. 3).
PHILIPPINE ACT ON
CRIMES AGAINST
INTERNATIONAL
HUMANITARIAN LAW,
GENOCIDE, AND OTHER
CRIMES AGAINST
HUMANITY
REPUBLIC ACT NO. 9851
PUNISHABLE ACTS:
1. war Crimes (Sec. 4)
These include among others:
a. Willful kjlling;
b. · Torture or inhuman treatment, including
biQlogicaJ.experimer:its;
c. Willfully causing great suffering, or serious
injury to body or health;
d. Extensive destruction and appropriation of
property notjustified by military necessity
and carried out unlawfully and wantonly;
e. 'Willfully depriving a prisoner of war or other
protected person of the rights of fair and
regular trial;
f. Arbitrary deportation or forcible transfer of
population orlmlawful confinement;
g. Taking of hgstages;
h. Compelling a prisoner of war or other
protected person to serve in the forces of a
hostile power; and
L Unjustifiable delay in the repatriation of
prisoners of war or other protected persons.
2. Genocide (Sec. 5)
a. Any of the following acts with intent to
destroy, in whole or in part, a national,
ethnic, racial, religious, social or any other
similar stable and permanent group as such:
i. Killing members of the group;
ii. Causing serious bodily or mental harm
to members of the group;
iii. Deliberately inflicting on the group
conditions of life calculated to bring
about its physical destruction in whole or
in part;
iv. Imposing measures intended to prevent
births within the group; and
v. Forcibly transferring children of the
group to another group.
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M✓Q~Y AID
San Seda UnM!f!llty College of Law - RGCT Bar Operations Canter
b. It shall be unlawful for any person to directly
and publicly incite others to commit
genocide.
3. Other Crimes Against Humanity (Sec. 6)
Any of the following acts when committed as part
of a widespread· or systematic attack directed
against any civilian population, with knowledge
of the attack: (OA-WAIT-PRE 3)
a. Other inhumane acts of a similar character
intentionally causing great suffering, or
serious injury to body or to mental or
physical health;
b. Arbitrary deportation or forcible transfer of
population;
C. Willful Killing;
d. Apartheid;
e. !mprisonment or other severe deprivation of
physical liberty in violation of fundamental
rules of International law;
f. Iorture;
g. fersecution against any identifiable group,
or collectivity on political, racial, national,
ethnic, cultural, religious, gender, sexual
.orientation or other grounds that are.
universally recognized as impermissible
under international law, in connection with
any act referred to this paragraph or any
crime defined in this Act;
h. Rape, sexual slavery, enforced prostitution,
forced pregnancy, enforced sterilization, or
any other form of sexual violence of
comparable gravity;
i. !;_nslavement;
j. Extermination; and
k. Enforced or involuntary disappeara'nce of
persons.
ANTI-ALIAS IA W
COMMONWEALTH ACT
N0.142,
AS AMENDED BY
REPUBLIC ACT NO. 6085
GENERAL RULE (Sec. 1)
No person shall use any name different from the one
with which:
1. He was registered at birth in the office of the
local civil registry; or
2. He was baptized for the first time; or
3. In case of an alien, with which:
a. · He was registered in the Bureau of
Immigration upon entry; or
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b. Such substitute name as may have been
authorized by a competent court.
NOTE: Persons, whose births have not been
registered in any local civil registry and who have not
been baptized, have one year from the approval of
this act within which to register their names in the
civil registry of their residence. The name shall
comprise the patronymic name and one or two
surnames (Sec. 1).
EXCEPTIONS:
1. As a pseudonym solely for literary, cinema,
television, radio or other entertainment purposes
and in athletic events where the use of
pseudonym is a normally accepted practice
(Sec. 1);
2. When the use of the second name or alias is
judicially authorized and duly recorded in the
proper local civil registry;
3. The use of a fictitious name or a different name
belonging to a single person in a single instance
without any sign or indication that the user
intends to be known by this name in addition to
;;; Jtis real flf:}mefrom that day forth (Ursua v. Court
>d;::Appeif, G.R. No. 112170, April 10, 1996).
AN'fI..:f]-AMBLING ACT
PRESIDf:NTIAL DECREE
1 ......'r!:NO.1602,
·::':J,;1/i,;
,, 'AS'.AMENDED BY
REPUBLIC ACT NO. 9287
GAMBLING IS COMMITTED BY:
(TaP 3 - GoMBS)
1. Any person Taking part, directly or indirectly in
any illegal or unauthorized activities or games of
cockfighting, jueteng, jai alai or horse racing to
include bookie operations and game fixing,
numbers, bingo, and other forms of lotteries;
cara y cruz, pompiang and the like; 7-11 and any
game using dice; black jack, lucky nine, poker
and its derivatives, monte, tJaccarat, cuajo,
pangguigue and other card games; paik que,
high and low, mahjong, domino, and other
games using plastic tiles and the like; slot
machines, roulette, pinball, and other
mechanical contraptions and devices; dog
racing, boat racing, car racing, and other forms
of races; basketball, boxing, volleyball, bowling,
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
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SUMMARY OF ELEMENTS
Criminal Law

upon chance or skill, wherein wagers consisting

of money, articles of value or representative of AN ACT DECRIMINALIZING
value are at stake or made; VAGRANCY
2. Any person knowingly fermitting any form of
gambling previously enumerated to be carried REPUBLIC ACT NO. 10158
on in an inhabited or uninhabited place or in any
building, vessel or other means of transportation
owned or controlled by him (P.O. No. 1602, Sec.
2); EFFECTS OF DECRIMINALIZATION:
1. All pending cases under the provisions of Art.
· ELEMENTS: (GOK) 202 of the RPC on vagrancy prior to its
a. Gambling game was carried on in an amendment by this Act shall be dismissed upon
inhabited or uninhabited place or in any effectivity of this Act (Sec. 2); and
building, vessel, or other means of 2. All persons serving. sentence for violation of the
transportation; provisions of Art. 202 of the RPC on vagrancy
b. The place, building, vessel, or other means prior to its amendment by this Act shall be
of transportation is Owned or controlled by immediately released upon effectivity of this Act:
the offender; and Provided, that they are not serving sentence or
c. The offender permitted the carrying on of detained for any other offense or felony (Sec. 3).
such game, Jinowing that it is a gam,bling
game.
',...
3. Any person knowingly fermitting any' forrn..of · ··· AN ACT DECLARING
gambling to be carried on in a·p!ace whjJ;hhas a
reputation of a gambling . plac~ •or, where
FORFEITVRE IN FAVOR OF
prohibited gambling is frequently carried on THE S1'ATE
' -~· ANY PROPERTY
.
therein, or in a public or government ·building or FOUND TO HAVE BEEN
barangay hall;
4. Any person who knowingJy·aoo without lawful ~LAWF"QLLY ACQUIRED.
purpose in any hour of any day, Possesses any B-YANY PUBLIC OFFICER
lottery list, paper or 0th.er l'Tlatter <;:qntaining ·OR EMPLOYEE AND
letters, figures, signs or symbOfs pertaining to O[
in any manner used in the games ofjueteng, jai PROVIDING FOR THE
alai, or horse racing bookies and. simllat games PROCEEDINGS THEREFOR
of lotteries and numbers which have taken place
or about to take place; .· ·· REJ,>UBLJCACT NO. 1379
... f

5. A Government official who., is a maJntainer,

conductor or banker of the gambling "SChemes,
or the player, promoter, referee, umpJre, Judge
or coach in case of game fixing, point shaYing rutilSHASLE ACTS (Sec. 12):
and other machinations; 1. Transfer or conveyance of any unlawfully
6. The Maintainer or conductor of the above acquired property by any public officer or
gambling schemes; employee; or
2. Knowingly accepting such transfer or
Maintainer is the person who sets up and conveyance by_any person.
furnishes the means with which to carry on the
gambling game or scheme. ELEMENTS TO ESTABLISH PRIMA
FACIE PRESUMPTION OF UNLAWFUL
Conductor is the person who manages or ACQUISITION OF PROPERTY: (PAM)
carries on the gambling game or scheme.
1. Offender is a fublic officer or employee;
2. He must have Acquired a considerable amount
7. Any §.arangay official who, with knowledge of
of money or property during his incumbency;
the existence of the gambling house or place in
and
his jurisdiction fails to abate the same or take
3. Said amount is Manifestly out of proportion to his
action in connection there~ith; or
salary as such public officer or employee and to
8. Any §.ecurity officer, security guard, watchman,
his other lawful income and income from
private or house detective of hotels, villages,
legitimately acquired property (Marcos, Jr. v.
buildings, enclosures and the like which have
Republic of the Philippines, G.R. No. 189434,
the reputation of a gambling place or where
April 25, 2012).
gambling activities are being held.

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San Seda UniversityCollege of Law - RGCTBar Operations Center

ANTI-ARSON LAW
PRESIDENTIAL DECREE
NO. 1613,
AS AMENDED BY
PRESIDENTIAL DECREE
NO.1744

ELEMENTS OF SIMPLE ARSON:

1. That the offender burns or sets fire to .the
property of another;
2. That the burning is committed with malice (P.O.
No. 1613, as amended by P.O. No. 1744, Sec.
1). '

DESTRUCTIVE ARSON:
Refer to Art. 320 of the Revised Penal Code.

OTHER CASES OF ARSON:

If the property burned is any of the following:
1. Any building used as offices of the government
or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or
mine shaft, platform or tunnel;
4. Any plantation, farm, land pasture, growing crop,
grain field, orchard, bamboo grove orforest;
5. Any rice mill, sugar mill, cane mill,·or rrilfttentral;
and
6. Any railway or bus station, airport, wharf or
warehouse (P.O. No. 1613, as amended by P.O.
No. 1744, Sec. 3).

TRUST RECEIPTS LAW

PRESIDENTIAL DECREE
NO.115

HOW THE TRUST RECEIPTS LAW IS ·

VIOLATED
Whenever the entru~tee or the person in whose
favor the TRs were issued fails to:
1. Money received under the obligation involving
the duty to deliver it (entregarla) to the owner of
the merchandise sold; or
2. Merchandise received under the obligation to
"return" it (devolvera) to the owner (BOAOO
SPL, supra at 365).

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SPECIALPENALLAWS
Criminal Law

I I
R. Anti- Terrorism Act of 2020 - R.A. No. 11479
USERS' GUIDE NOTE: R.A. No. 11479 is not part of the
202Q Bar Syllabus. It is included herein for
comparison with RA No. 9372.

NOTE FOR THE USER:
This portion of the Memory Aid discusses the
following Special Penal Laws (SPLs} which are
presented in this order:
I. SPLS COVERED BY THE 2020 BAR
SYLLABUS
A. New Anti Carnapping Act of 2016 - R.A. No.
10883
B. Anti-Electricity and Electric Transmission
Lines Material Pilferage Act of 1994 - R.A.
No. 7832
C. The Philippine Fisheries Code of 1998 -
RA No. 8550, as amended by R.A. No.
10654
D. Anti-Fencing Law of 1979 - P.D; No. 1612.
E. Bouncing Checks Law- B.P. Big. 22
F. Syndicated Estafa - P.D. No. 1o.89
G. Migrant Workers and Overseas Filiginos Act
of 1995 - R.A. No. 8042, as..amended by
RA No. 10022
H. Anti-Illegal Number Games Law - P.D. No.
0
1602, as amended by RA No. 9287
I. Comprehensive Firearms and Ammunition
Regulation Act - R.A. No. 10591
J .. Anti-Hazing Act of 2018L. RA. No. 8049, as
amended by R.A. No. 11053 · '
(See· page 460 for Anti-Terrorism Act of
2020 and Human Security Act Of 2007,
Distinguished)
S. Human Security Act of 2007 - R.A. No. 9372
T. The Terrorism, Financing Prevention and
Suppression Act of 2012 - R.A. No. 10168
U. Anti-Wiretapping Law - R.A. No. 4200
V. Cybercrime Prevention· Act of 2012 - R.A.
No. 10175
W. Anti-Child Pornography Act of 2009 - R. A.
No. 9775
X. Anti-Photo and Video Voyeurism Act of
2009 - RA No. 9995.
.'(. Anti-Sexual Harassment Act of 1995 - R.A.
No. 7877.
Z.. ,l\nti,-Trafficking in Persons Act of 2003 -
RA No. 9208, as amended by R.A. No.
10364
AA,Ario>Jiolep~e Against Women and their
,Children:Act:of 2004 - R.A. No. 9262
BB. Spedal Prptection of Children Against
Abuse,.E;xploitation, and .Discrimination Act
- RA Np.Z61(i)
CC.Safe Spaces Act- RA No. 11313
DD.O.ata Priyacy Act of 2012 - R.A. No. 10173
~ ',

K. Comprehensive Dangerous Drugs Act of 11. OTHER SPLS Rl;-LATED TO THE REVISED
2002 - RA No. 9165, as amended by RA. PENAL CODE
No. 10640 A. ·SPL~ relatedlo RPC in general:
L. Code of Conduct and Ethical Standards for 1. . Act Pmtiibiting the Imposition of Death
Public Officials and Employees :__~.A. No. Penalty in the Philippines - R.A. No.
6713 . 9346
M. Anti-Graft and Corrupt Practrces Act - R.A. 2. Act Establishing Prescriptive Periods for
No. 3019, as amended >Violations of Special Laws and
N. Anti-Plunder Act - R.A. No. 7080, as Municipal Ordinances, as amended by
amended by RA No. 7659 Act No. 3326.
0. Anti-Money Laundering Act of 2001 - RA
No. 9160 as amended by R.A. No. 9194 and NOTE: Juvenile Justice and Welfare Act
RA No. 10365 of 2006 (R.A. No. 9344), as amended by
P. Obstruction of Justice Law - P.D. No. 1829 R.A. No. 10630, Indeterminate
Q. Anti-Torture Act of 2009- RA No. 9745. Sentence Law (ISLAW) (Act No. 4103),

DOHN ALFRED E. AQUILIZAN, Over-All Chairperson I NICHOLE VANE B. SANTOS, Chairperson for Academics I RONALYN A.
GACULA, Ad Hoc Director for Bar Matters I MARIELLE CIELO B. BELGIRA, Vice Chairperson for Finance IJUAN INIGO S. MIGUEL,
Vice Chairperson for Operations I ALISSA MARIE D.C. DELOS SANTOS, Vice Chairperson for Audit I CORINA R. TAMPUS, Vice
. Chairperson for Secretariat I ARVY KEITH N. CHUNG, Vice Chairperson for Logistics I ANTONIO JUN-JUN C. MANALIGOD IV, Vice
Chairperson for Membership IJORDAN N. CHAVEZ, Vice Chairperson for Electronic Data Processing

YVEZZA KAMELE M. GUMAP AC, Subject Chair I KIRSTIE MARIE B. SALDO, Assistant Subject Chair I ISABELLE GLORIA I.
VILLENA, Subject Electronic Data Processing ISUBJECT HEADS: JUDEA ARA T. BA GT ANG and CLARICE J. ANDAYA, Criminal Law
I I GERALDINE MARIE FRANCES B. VELASCO and ANGELA MICHAELLA S. YUMUL, Criminal Law II I KATE BERNADETTE T.
MADAYAG, Special Penal Laws I

JERK ENRIC C. ALCAIDE, JERENEL MAE 0. RENDON, CHANTAL MARIES. SANGGALANG, ANDREA MAE T. BANADER0 1
JEROME L. LEANO, MA. ANGELIKA C. ALVARADO, ROMAVAIL ANGELIE F. ORCULLO, DANA JEUZEL S. MARCOS,
.ROCHELLE S. ENRILE and JOSE LORENZO B. VILLAVERT

Justice BERNELITO R. FERNANDEZ,Judge GINA M. BIBAT-PALAMOS, Atty. LYAN DAVID M.JUANICO, and
Atty. RYANS. MERCADER

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MEM✓O~Y AID
San Beds Unlwrsify COilege
of Law - RGCTBat Operations Center
as amended by Act No. 4225 and R.A.
No. '4203, and Probation Law of 1976
(P.O. No. 968), as amended by R.A. No.
10707 are fully discussed under Book
One of this Memory Aid.
(Refer to Criminal Law I part for full discussion. See
pages 45, 120, 123 respectively)
B. SPLs related to crimes punished under
Book Two of the RPC (presented per Title):
1. Title One: Crimes against national
security and the law of nations
a. Anti-Piracy and Anti-Highway
Robbery Law of 1974 - P.O. No.
532
b. Anti-Hijacking Law - R.A. No. 6235.
c. Philippine Act on Crimes Against
International Humanitarian Law,
Genocide, . and Other Crimes
Against Humanity - R.A. No. 9851
2·. Title Four: Crimes against public interest·
Anti-Alias Law- R.A. No. 6085.
3. Title Six: Crimes against public mo~als
a. Anti-Gaml51ingAct - P.O. No.160-2,
as amended by R.A. No. 9287
b. An Act Decriminalizing Vagrancy -
R.A. No.10158 . .
4. Title Seven: Crimes committed by public
officers ··
An Act Declaring Forfeiture in f~vor of
the State Any Property Found to Have
Been Unlawfully Acquired by An/Public.
Officer or Employee and Providing for
the Proceedings Therefor 7' R.A. No.
1379 ,.
5. Title Ten: Crimes against propeny
a. Anti-Arson Law- P.O. No. 1613, as
amended by P.O. No. 1744.
b. Trust Receipts Law- P.D, No. 115
6. Title Twelve: Crimes against the civil
status of persons
An Act Repealing the Crime of
Premature Marriage Under Art. 351 of
the RPC - R.A. No. 10655
7. Title Thirteen: Crimes against honor
Guidelines in the Observance of a Rule
of Preference in the Imposition of
Penalties in Libel Cases
Administrative Circular 08-2008
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I SPECIAL PENAL LAws I
They are laws that define and penalize crimes not
included in the RPC; they are of a nature different
from those defined and punished in the RPC
(BOADO, Notes and Cases on Special Penal Laws
(2019), p.1 [hereinafter BOADO, SPLJ).
MALA IN SE, MALA PROHIBITA
DISTINGUISHED
A common misconception is that all ma/a in se
crimes are found in the RPC, while all ma/a prohibita
crimes are provided by special penal laws. In reality,
however, there may be ma/a in se crimes under
special laws, such as plunder under R.A. No. 7080,
as amended. Similarly, there may be ma/a prohibita
crimes defined in the RPC, such as technical
malversation. The better approach to distinguish
between ma/a in se and ma/a prohibita crimes is the
. . ,,...••
determination of the inherent immorality or vileness
.it.tiof the penalized act. If the punishable act or omission
:i:,'1.§.;.if;J;l{l;)pral
ifi•~tself,then it is a crime ma/a in se; on
oort-;'
···· ftie i{ it is not immoral in itself, but there is
a statute prQwt:>itingits commission by reasons of
public polici, j~n it is ma/a prohibita. In the final
analysis, whether or not a crime involves moral
turpitude :is :ultirtiately a question of fact and
frequent!,· depen~s on all the circumstances
·· · · ion of the statute (Dungo v.
464, July 1, 2015).
ANTI-CARNAPPING
:;·{{1:N&w
ACTOF2016
REPUBLIC ACT NO. 10883
Approved on: July 17, 2016
Effectivity Clause: This Act shall take effect fifteen
(15) days after its publication in the Official Gazette
or in two (2) newspapers of general circulation,
whichever comes earlier (R.A. No. 10883, Sec. 23).
Topics related to: Crimes Against Property
DEFINITION OF TERMS (Sec. 2)
Motor Vehicle
It is any vehicle propelled by any power other than
muscular power using the public highways, except
road rollers, trolley cars, street sweepers, sprinklers,
lawn mowers, bulldozers, graders, forklifts,
amphibian trucks, and cranes if not used on public
highways; vehicles which run only on rails or tracks;
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and tractors, trailers and traction engines of all kinds
used exclusively for agricultural purposes (Par. e).
NOTE: Trailers having any number of wheels, when
propelled or intended to be propeHed by attachment
a
to motor vehicle, shall be classified as a separate
motor vehicle with no power rating (Id.).
Defacing orTampering with a Serial Number
It is the altering, changing, erasing, replacing, or
scratching of the original factory inscribed serial
number on the motor vehicle engine, engine block or
chassis of any motor vehicle (Par. b).
NOTE: Whenever any motor vehicle is found to have
a serial number on its engine, engine block or
chassis which is different from that which is listed in
the records· of the Bureau of Customs for motor
vehicle imported into the Philippines, that motor
vehicle shall be considered to have a defaced or
tampered serial number (Id.). '
Dismantling
It is the act of tearing apart, piece~by-piece or part-
by-part, of a motor vehicle (Par. c). •· ·
·"-·
Identity Transfer
It is the act of transferring · the engine number,
chassis number, body tag number, plate number,
and any other identifying marks· of a motor vehicle
declared as "total wreck" or is beyond economic
repair by concerned car insurance companies and/or
law enforceme.nt agencies after:if$ ii,volvement in a
vehicular accident or other incident a11dregisters the
same into another factory-made body or vehicle unit,
of the same classification, type, make ormodel (Par,
d).
Overhauling
It is the cleaning or repairing of the whole engine of
a motor vehicle by separating the motor engine anq
its parts from the body of the motor vehicle (Par. f).
Repainting
It is the act of changing the color of a motor vehicle
by means of painting (Par. g).
There is painting whenever the new color of a motor
vehicle is different from its color registered in the
Land Transportation Office (LTO).
Remodeling
It is the introduction of some changes in the shape
or form of the body of the motor vehicle (Par. h).
Second Hand Spare Parts
refer to the parts taken from a carnapped vehicle
used in assembling another vehicle (Par. i).
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·SPECIALPENALLAWS
Criminal Law
Total Wreck
refers to the state or status of a motor vehicle after a
vehicular accident or other incident, so that it is
rendered in operational and beyond economic repair
due to the extent of damage in its body, chassis and
engine (Par. j).
Unlawful Transfer or Use of Vehicle Plates
It refers to the use or transfer of a vehicle plate
issued by the LTO to a certain vehicle to another
vehicle. It is presumed illegally transferred when the
motor vehicle plate does not correspond with that as
appearing in the certificate of registration of the
motor vehicle to which it was issued (Par. k).
Carnapping
It is the taking, with intent to gain, of a motor vehicle
belonging to another without the latter's consent, or
by means of violence against or intimidation of
persons, or by using force upon things (Sec. 3).
ELEMENTS OF CARNAPPING:
{TIB:COVIF)
1. That there is anactual !aking of the vehicle;
Nff'{E: Ttie unlawful taking is deemed complete
the rnoment the offender gains possession of the
thing, even if tie .had no opportunity to dispose
of the same (People v. Gutierrez, G.R. No.
100699, July ti, 1~96).
2. That the offender !ntends to gain from the taking
of the.vehicle;
3. Th~t the vehicle §elongs to a person other than
the offender hims'elf;
4. ThaUhe taking is without· the Consent of the
own.erthereof; or that the taking was committed
by means of~iolence against or Intimidation of
persons, or .by using .Eorce upon things (People
v. Garcia, G.R. No. 138470, April 1, 2003).
NOTE: In crimes of unlawful taking of property
through intimidation or violence, it is not
necessary that the person unlawfully divested of
the personal property be the owner thereof.
What is simply required is that the property taken
does · not belong to the offender. Actual
possession of the property by ·the person
dispossessed suffices (Id.).
Denial of Bail When the Evidence of Guilt is
Strong
Any person charged with carnapping or when the
crime of carnapping is committed by criminal groups,
gangs or syndicates or by means of violence or
intimidation of any person or persons or forced upon
things; or when the owner, driver, passenger or
occupant of the carnapped vehicle is killed or raped
in the course of the carnapping shall be denied bail
when the evidence of guilt is strong (Sec. 3).
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ME~O~YAID
San Seda UniveraityCollege of Law - RGCTBar Operations Center
PENAL TY FOR CARNAPPING (Sec. 3):
Irrespective of the value of the motor vehicle taken:
1. Imprisonment for not less than twenty
(20) years and one (1) day but not more
than thirty (30) years
When the carnapping is committed without
violence against or intimidation of persons, or
force upon things;
2. Imprisonment for not less than thirty (30)
years and one (1) day but not ·more than
forty (40) years
When the carnapping is committed by
means of violence against or intimidation of
persons: or force upon things;
3. Life imprisonment
When the owner, driver, or occupant of the
carnapped motor vehicle is killed or raped in the
commission of the carnapping.
NOTE: When the owner, driver, or occupant of
the carnapped motor vehicle is killed in the
commission of the carnapping, the penalty of life
imprisonment to death shall be imposed (Sec.
14).
OTHER PUNISHABLE ACTS AND THEIR
PENALTY:
1. Concealment of Carnapping
Imprisonment of six (6) years up to twelve
(12) years and a fine equal to the amount of the
acquisition cost of the motor vehicle, motor
vehicle engine, or any other part involved in the
violation (Sec. 4).
2. Failure to register the vehicle engine,
engine block and chassis with the LTO
Motor vehicle engines, engine blocks and
chassis not registered with the LTO shall be
considered as a carnapped vehicle, an untaxed
importation or coming from illegal source and
shall be confiscated in favor of the government
(Sec. 6).
3. · Failure to register the sale, transfer,
conveyance of a motor vehicle or the
substitution or replacement of a motor
vehicle engine, engine block or chassis
Shall be presumed as a carnapped vehicle,
an untaxed- imported vehicle, or a vehicle
proceeding from illegal sources unless proven
otherwise and shall be confiscated in favor of the
government.
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4. To deface or otherwise tamper the
original or registered serial number of
motor vehicle engines, engine blocks or
chassis (Sec. 14).
5. Identity Transferring (Sec. 15).
6. Transfer of Vehicle Plate (Sec. 16).
7. Sale of Second-hand Spare Parts taken
from a carnapped vehicle (Sec. 17).
NOTE: If the person violating any provision of this
Act is a juridical person, the penalty herein provided
shall be imposed on its president, secretary, and/or
members of the board of directors or any of its
officers and employees who may have directly
participated in the violation (Sec. 4, Par. 1).
Any public official or employee who directly commits
the unlawful acts defined in this Act or is guilty of
gross negligence of duty or connives with or permits
·· the commission of unlawful acts shall:
; / 1.,,.., Suffer th~ penalty prescribed;
· ·· 2t;Sf3dis~ed from the service;
3. B~neflts forfeited; and
4. PermanE.'ntl,ydisqualified from holding public
office (Sec. 4, Par. 2).
ANTI-Kl.ECTRICITY AND
EL:e:crmc TRANSMISSION
) ;j;L __ LINES MATE~S
. -- 1 ,,,1t·:~JWERAGE ACT OF 1994
REPUBLIC ACT NO. 7832
Approved: December 8, 1994
Effectivity Date: January 17, 1995
PUNISHABLE ACTS:
1. Illegal Use of_Electricity (Sec. 2)
It is hereby declared unlawful for any
person, whether natural or juridical, public or
private, to: (OvET-DU)
a. Tap, make or cause to be made any
connection with Overhead lines, service
drops, or other electric service wires, without
previous authority or consent of the private
electric utility or rural electric cooperative
concerned;
b. Tap, make or cause to be made any
connection to the gxisting electric service
facilities of any duly registered consumer
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without the latter's or the electric utility's
consent or authority;
c. Tamper, install or use a tampered electrical
meter, jumper, current reversing
transformer, shorting or shunting wire, loop
connection or any other device which
interferes with the proper or accurate
registry or metering of electric current or
otherwise results in its diversion in a manner
whereby electricity is stolen or wasted;
d. Qamage 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
e. Knowingly yse or receive the direct benefit
of electric service obtained through any of
the acts mentioned in subsections (a), (b),
(c), and (d) above.
2. Theft of Electric Power Transmission
Lines and Materials (Sec. 3) , ·
It is hereby declared unlawful for any person
to: (CT-Pol)
a. Cut, saw, slice, separate, sptit, severe,
smelt, or remove any.. electric power
transmission line/material or meter from a
tower, pole, or any other installation or place
of installation or any ot~r place or site
where it may be rightfully or lawfully stored,
deposited, kept, . stocktd, • inv~ntoried,
situated or located i without the consent of
·the owner, whether ornot the act isdone for
profit or gain; . _
b. Take, carry away or remove orJransfer, with
or without the use of a motor vehicle or other
means of conveyance, -~nyelectric power
transmission line/material or meter from a
tower, pole, any other installation of pl~ce of
installation, or any place or site where 1tmay
be rightfully or lawfully stored, deposited,
kept, stocked, inventoried, situated or
located without the consent of the owner,
whether or not the act is done for profit or
gain;
c. Store Possess or otherwise keep in his
premises, custody or control, any electric
power transmission line/material or meter
without the consent of the owner, whether or
not the act is done for profit or gain; and
d. Load, carry, ship or move from one place to
another, whether by land, air or sea, any
electrical power transmission line/material,
whether or not the act is done for profit or
gain, without first securing a the owner or his/her representative to suffice,
clearance/permit for the said purpose from
its owner or the National Power Corporation
(NPC) or its regional office concerned, as
the case may be.
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SPECIALPENALLAWS
Criminal law
PRIMA FACIE EVIDENCE (Sec. 4):
(BS-Co T 2-MAC)
1. The presence of any of the following
circumstances shall constitute prima facie
evidence of illegal use of electricity by the
person benefitted thereby:
a. The presence of a I!ored hole on the glass
cover of the electric meter, or at the back or
any other part of said meter;
b. The presence inside the electric meter of
§.alt; sugar and other elements that could
result in the inaccurate registration of the
meter's internal parts to prevent its accurate
registration of consumption of electricity;
c. The existence of any wiring Connection
which affects the normal operation or
registration of the electric meter;
d. The presence of a Iampered, broken, or
fake seal on the meter, or mutilated, altered
or tampered meter recording chart or graph,
or computerized chart, graph, or log;
e. The.presence in any part of the building or
its· prem'is.eswhich is subject to the control
of the consumer or on the electric meter, of
a current' reversing Iransformer, jumper,
1:,horti~g--
andfor shunting wire, and/or loop
connection orany other similar device;
f. The .Mµtilatior'j, alteration, reconn~ction,
disconnection, bypassing or tampering of
instruments, transformers, and accessories;
g. The destruction of, or attempt to destroy,
any integral !ccessory of the metering
device.box which encases an electric meter,
or its metering' accessories; and .
h. The acceptamce of money and/or other
valuable £cinsideration by any officer of
employee of the electric utility concerned or
the_making of such an offer to any such
office~ or employee for not reporting the
presence of any of the. circumstances
enumerated: Provided, however, That the
discovery of . any of the foregoing
circumstances, in order to constitute prima
facie evidence, must be personally
witnessed and attested to by an officer of the
law or a duly authorized representative of
the Energy Regulatory Board (ERB).
NOTE: Section 4(a)(viii) clearly states that for
the prima facie evidence to apply, the discovery
"must be personally witnessed and attested to
by an officer of the law or a duly authorized
representative of the Energy Regulatory Board
(ERB)." Had the law intended th~ presenc~ of
then it should have said so (Quisumbing v.
Mera/co, G.R. No. 142943, April 3, 2002).
The prima facie presumption applies to the
person benefitted by the illegal use of electricity,
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MEK-0.:RY
AlD
San 8eda UniverseyCollegeof Law • RGCTBar OperationsCenter
and that is, the actual electric consumer and not
the registered customer.
Illustration: X has b.een renting the building of
Y for 10 years. The electric meter of Mera/co that
has been recording the electricity consumption ·
in the rented building is registered in the name
of Y. Mera/co employees and ERB
representatives discover the presence of salt
inside the electric meter, which results in the
inaccurate registration of the meter's internal
parts to prevent its accurate registration of
consumption of electricity. This circumstance
gives rise to prima facie.presumption that X, the
actual consumer of the electricity in the rented
building, is illegally using electricity.
2. The possession or custody of electric power
transmission line/material by any person, natural
or juridical, not engaged in the transformation,
transmission, or distribution of electric power, or
in the manufacture of such electric power
transmission line/material shall be prima faci~
evidence that such line/material is the fruit of the
offense of theft of electric power lines and
transmissions.
DISCONNECTION OF ELECTRIC-
SERVICE
Immediate disconnection
The private electrical utility or rural electric
cooperative concerned shall have the right and
authority to disconnect lmmedtately the electric
service without the need of a court or administrative
order if the following requisites are present: (CAN) ·
1. The owner of the house or establishment
concerned or someone acting in his .behalf shall
have been .9_aughtin f/agrante de/icto doing any
of the acts constituting prima facie evidence of
illegal use of electricity or when any of the
circumstances shall have been discovered for
the second time;
2. The discovery of any of the circumstances
constituting prima facie evidence must be
personally witnessed and Attested to by an
officer of the law or a duly authorized
representative of the ERB; and
3. Written Notice or warning of disconnection must
be served to the owner of the house or
established concerned. If the basis of
disconnection is discovery for the second time of
any of the circumstances, a written notice or
warning must be issued upon the first discovery
(Sec. 6).
NOTE: A public utility has the imperative duty to
make a reasonable and proper inspection of its
apparatus and equipment to ensure that they do not
malfunction and the due diligence to discover and
repair the defects therein. Failure on its part to detect
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the extended unusual pattern in the recorded electric
consumption clearly demonstrates gross negligence
on its part and palpable violation of its duty "to make
a reasonable and proper inspection of its apparatus
and equipment to ensure that they do not
malfunction, and the due diligence to discover and
repair defects therein. Failure to perform such duties
constitutes negligence." The court cannot sanction
the petitioner's utter neglect of its duty over a number
of years as this would undoubtedly be detrimental to
the interest of the consuming public (Davao Light
and Power Co., Inc. v. Pena and Ramos, G.R. No.
129807, December 9, 2005).
GENERAL RULE: No writ of injunction or restraining
order shall be used by any court against any private
electric utility or rural electric cooperative exercising
the right and auttiority to disconnect electric service
(Sec. 9).
EXCEPTIONS:
1. There is prima facie evidence that the
disconnection was made with evident bad faith
or grave abuse of authority; and
. 2. Even in the absence of bad faith or grave abuse
{cc.:iiotay\h.~ty, the electric consumer deposits a
bonct·wltl:\ the court in the form of cash or
cashier's 'check equivalent to the differential
billing (Go V; Leyte II Electric Cooperative, Inc.,
G.R. No. 176909, February 18, 2008).
There can be no quibbling that the ERB may
investig~::caflt:•ee~rtain the propriety of the
disconnecitlorirdueto an alleged violation of RA No.
7832. Necessarily, in the course of investigation, the
!=RS may, if factually and legally justified, order the
. el'~cservice provider to reconnect the consumer's
·'p8~&r'itsufj'ply and resume service. Compelling
complaining consumer to still go to court to secure,
if proper, a reconnection order, would be reading into
RA.No. 7832 something not written therein. In any
event, Section 9 speaks of restraining orders or writs
of injunction against the exercise by an electric
provider of its right and authproty "to disconnect"
electric service (Manila Electric Company v. Energy
Regulation Board, G.R. No. 145399, March 17,
2006).
The ERB is endowed with the authority to hear and
adjudicate complaints for reconnection of electric
service and to grant provisional or ancillary relief
during the pendency of the main action (Manila
Electric Company v. Energy Regulation Board, G.R.
No. 145399, March 17, 2006).
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THE PHILIPPINE
FISHERIES CODE OF 1998
REPUBLIC ACT NO. 8550,
AS AMENDED BY
3. Failure to Secure Fishing Permit Prior to
REPUBLIC ACT NO. 10654
Approved on: February 25, 1988
Amended: February 27, 2015
Effectivity Date I Clause:
R.A. No. 8550 - June 23, 1998
R.A. No. 10654 - This Act shall take effect fifteen
(15) days after its complete publication in at least
two (2) newspapers of general circulation (R.A. No.
10654, Sec. 24).
PUNISHABLE ACTS:
1. Unauthorized Fishing (Sec.,86)
a. It shall be unlawful for any,person.tocapture
or gather or to cause the capture or
gathering of fish, fry. or ~ngerling~ of any
fishery species· or fishery products without
license or permit fr,om the Department or
LGU (Par. 1).
'.fhe discovery of any person in possession
of a fishing gear or operating a fishing vessel
in a fishing area where he has no m~enseor
permit shall constitute a prlma facie
presumption that the person is engaged in
unauthorized fishing. However, fishing for
4, Unreported Fishing (Sec. 89)
daily food sustenance or for leisure. which ,is
not for commercial, occupation or 1iveiihOOd
purposes may be allowed (Par. 3).
•,.
The prima facie presumption will not apply if
the gear of the vessel is not engaged in
fishing or deployed, or in cases of authori?ed
and supervised sea and net trials (Rule 86. 3, ·
/RR).
b. It shall be unlawful for any person not listed
in the registry of municipal fisherfolk to
engage in any commercial fishing activity in
municipal waters (Par. 6).
2. Engaging in Unauthorized Fisheries
Activities (Sec. 87)
It shall be unlawful for any person to exploit,
occupy, produce, breed or culture fish, fry or
fingerlings of any fishery species or fishery
products or construct and operate fish corrals,
fish traps, fish pens and fish cages or fishponds
without a license, lease or permit (Par. 1).
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SPECIAL PENAL LAWS
Criminal Law
The discovery of any person engaging in any of
the above activities without a lease, license or
permit shall constitute a prima facie presumption
that the person is engaged in unauthorized
fisheries activity (Par. 2).
Engaging in Distant Water Fishing (Sec.
88)
a. It shall be unlawful for any person to fish in
the high seas, in the territorial seas,
archipelagic waters, and Exclusive
Economic Zones of other states using a
Philippine flaggedfishing vessel without first
securing a fishing permit from the
Department and authorization from the
coastal state (Par. 1).
The discovery of any person in possession
. of a fishing gear or operating a fishing vessel
· in the abovementioned areas without a
fishing permit from the Department or
authorization from the coastal state shall
· · constitute'a prima facie presumption that the
person is in, violation of this provision (Par.
2).
b. It shall be t.mlawful for an owner or operator,
and the three (3) highest officers, of a
commercial fishing vessel ta commit acts
that are, in contravention of the terms and
conditioni;; stat~d in the fishing permit or as
may be promulgated by the Department
(Par. 3).
ft shall be unlawful for any person to engage
in .unreported fishing or to fail to comply with the
. reporto'rial requirements (Par. 1).
R~portorial Requirements
Each commercial fishing vessel shall keep a
daily record of fish catch and spoilage, landing
points, and quantity and value of fish caught,
and off-loaded for transshipment, sale and/or
other disposal. Detailed information_shall be duly
certified by the vessel's captain and transmitted
to BFAR within the period prescribed (Sec. 38).
The recording of catches shall be accomplished
on a daily basis in accordance wi~h the format of
the Catch Documentation System. Records shall
be made available to any authorized fisheries
officer or observer, at any time upon demand,
during and after each fishing operation. A
summary of the records shall be transmitted
manually on a quarterly basis to DA-BFAR
(Implementing Rules and Regulations of
Republic Act No. 10654, Rule 38. 2 [hereinafter
!RR of R.A. No. 106541).
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MEM-Q~YAID
sanSeda UniversityCollegeot Law - RGCTBar OperationsCenter
5. Unregulated Fishing (Sec. 90)
Unregulated Fishing is a fishing activity
conducted by: (NPC)
a. Vessels without Nationality but operated by
Filipino and/or Filipino corporation;
b. Philippine flagged fishing vessels operating
in areas managed by Regional Fisheries
Management Organizations (RFMO) to
which the Philippines is not a farty to; or
c. Philippine flagged fishing vessels operating
. in areas or fish stocks where there are no
applicable ~onservation and management
measures (Par. 87).
6. Poaching in Philippine Waters (Sec. 91)
It shall be unlawful for any foreign person,
corporation or entity to fish or operate any fishing
vessel in Philippine waters (Par. 1).
GENERAL RULE: The entry of any foreign
fishing vessel (FFV) in the Philippine waters
shall constitute a prima facie presumption that
the vessel is engaged in poaching in Philippine
waters under the following circumstances:
a. Entry of an FFV into Philippine waters under
the following circumstances: (DIN-IF)
i. Navigating with its fishing gear
Qeployed and/or not stowed;
ii. Navigating with an !rregular track or
route;
iii. Navigating through Philippine territorial
waters without prior Noticeto, clearance
of, or permission from the appropriate
Philippine authority;
iv. Navigating in a manner that does not
qualify as !nnocent passage nor
navigating outside traditional routes or
in identified fishing grounds; or
v. Navigating without flying lts national
flag.
b. When an FFV is found within Philippine
waters: (CIF)
i. · Under the ~ircumstances enumerated
in the previous paragraph;
ii. Lying-to or anchoring without any valid
reasons or circumstances that may
!ndicate the existence of force majeure,
distress, or for the purpose of rendering
assistance to persons, ships or any sea
craft that is endangered or in distress;
iii. Lying-to, anchoring at, or anchoring
near to or within known fishing grounds
or marine protected areas.
c. When an FFV, after having been inspected
within Philippine waters, in accordance with
the procedures set forth in this IRR, is found
to contain freshly caught fish, corals or
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mollusks, on deck or in storage (/RR of R.A.
No. 10654, Rule 91.1).
EXCEPTIONS: The following are considered
exceptions to the prima facie presumption of the
existence of poac~ing: (IN-S2AG)
a. Exercise of right of !nnocent passage by an
· FFV, provided that the FFV has secured
entry clearance from the Department of
Foreign Affairs (DFA) or its duly designated
agency before entering Philippine territorial
waters, and notified the Bureau of
Immigration {Bl) and DA-BFARof the name
of the vessel, its registry number, it~ last port
of call, the names of its skipper and all its
crew and their nationalities;
b. Passage for purposes of dry docking,
servicing, or unloading of catch by foreign
flagged catcher ves!;,els, provided, the 24-
hour prior entry Notification shall be
complied with in accordance with Port State
Measures;
c. In case of duly authorized marine §.cientific
research using an FFV;
.·d. An FfV taking §.helter or having been drifted
in Philippine waters as a result of force
majeure or distress;
e. An :FfV entering Philippine waters for
reason Qf rendering Assistance to persons,
ships:or aircraft in danger or distress; and
f. In case of duly organized and established
§ame or\. leisure fishing conducted by
;rf~~$:\t,.i9nals.
In cases falling under {d) and (e), the FFV is
required to issue distress signal/call or notify the
t.q!J)petent authority prior to entry in Philippine
'waters (/RR of R.A. No. 10654, Rule 91.2).
7. Fishing Through Explosives, Noxious or
Poisonous Substance, or
Electricity
(Sec. 92) . ·
a. It shall be unlawful for any person to catch,
take or gather or yause to be caught, taken
or gathered fish or any fishery species in
Philippine waters with the use of explosives,
noxious or poisonous substance such as
sodium cyanide, which will kill, stupefy,
disable or render unconscious fish or fishery
species (Par. 1).
NOTE: The Department may allow, for
research, educational, or scientific purposes
only, the use of poisonous or noxious
substance to catch, take, or gather fish or
fishery species. The use of poisonous or
noxious substances to eradicate predators
and pests in fishponds in accordance with
accepted scientific practices and without
causing adverse environmental impact in
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neighboring waters and grounds shall not be
construed as illegal fishing (Id.).
The discovery of dynamite, other explosives
and chemical compounds which contain
combustible elemepts, or noxious or
poisonous substances, or equipment or
device for electrofishing in any fishing vessel
or in the possession of any fisherfolk,
operator, fishing boat official or fishworker
shall constitute a prima facie presumption
that any of these devices was used for
fishing in violation of this Code (Par. 3).
The discovery in any fishing vessel of fish
caught or killed with the use of explosives,
noxious or poisonous substances, or by
electricity shall constitute a prima facie
presumption that the fisherfolk, operator,
boat official or fishworker is fishing with the
use thereof (Par. 4).
b. It shall be unlawful for any person to
possess explosives, and noxio'O's or .....
poisonous substances : for illegal, fishing
(Par. 7).
8. Use of Fine Mesh Net (Sec. '93)
It shall be unlawful to engage in fishing using
nets with mesh smaller;ttian that which may be
determined by the Department. The prohibition
on the use of fine mesh het shall not apply to the
gathering of fry, glass eets[el~rs, tab1os, and
alamang and other spedes thatby their nat.ure
are small but already mature,.as identified in the.
implementing rules and ·regulations by the ·
Department (Par. 1). · The"'follpwing ·"fishing gea.rs/methods and their
The discovery of a fine mesh net in a>fishing ·
vessel shall constitute a prima facie presumption
that the person or fishing vessel is engaged in
fishing with the use of fine mesh net (Par. 2).
NOTE: Fine Mesh Net is a net with mesh size of
less than three centimeters (3 cm.) measured
between two (2) opposite knots of a full mesh
when stretched or as otherwise determined by
the appropriate government agency (Par. 24).
9. Fishing in Overexploited Managem·ent
Areas (Sec. 94)
1O. Use of Active Gear in Municipal Waters,
Bays and Other Fishery Management
Areas (Sec. 95)
NOTE: Active Gear is a fishing device
characterized by the pursuit of the target species
by towing, pushing the gears, surrounding,
covering, dredging, and scaring the target
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species to impoundments, such as, but not
limited to, trawl, purse seines, Danish seines,
paaling and drift gill net (Sec. 4, Par. 44 (a)).
11. Ban on Coral Exploitation and
Exportation (Sec. 96)
It shall be unlawful for any person or
corporation to gather, possess, commercially
transport, sell or export ordinary, semi-precious
and precious corals, whether raw or in
processed form, except for scientific or research
purposes. It shall also be unlawful for any
person, corporation or entity to commit any
activity that damage coral reefs (Par. 1).
12. Ban on Muro-ami, Other Methods and
Gear Destructive to Coral Reefs and
Other Marine Habitat (Sec. 97)
a. It shall be unlawful for any person, natural or
juridical, to fish with gear or method that
, • cfestroys coral reefs, seagrass beds, and.
. tjthet fishery marine life habitat as may be
determined by the Department. 'Muro-ami'
· and 'any of its variation, and such similar
•. geafs and methods that require diving, other
phy~~aF 6r rtjechanical acts to pound the
coral . reefs and other habitat to entrap,
~ather :,or c~tch fish and other fishery
~pecies·.arealso prohibited (Par. 1).
b. Except i,n cases allowed by law, it shall be
unJawfu~'forany person, natural or juridical,
< fo gathElr,.possess, commercially transport,
sell orJexport t:oral sand, coral fragments,
coral r6cks, siltca, and any other substances
· • which make Op any marine habitat (Par. 4).
variationif are considered destructive to coral
· reefs,~e'agrass, seabeds, and other fishery
marine life habitat:
1. · Muro-ami and Kayakas; arid
2. Danish Seine and modified Danish Seine
(/RR of R.A. No. 10654, Rule 97. 1).
13. Illegal Use of Superlights or Fishing
Light Attractor (Sec. 98)
- It shall be unlawful to engage in fishing with
the use of superlight in municipal waters, or to
fish with fishing light attractor using candlelight
power or intensity beyond the standards set by
the Department in consultation with the LGUs for
fishing in municipal waters, or in violation of the
rules promulgated by the Department for fishing
with the use of superlight or fishing light attractor
outside municipal waters (Par. 1).
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15. Conversion of Mangroves (Sec. 99)
GENERAL RULE: It shall be unlawful for any
person· to convert mangroves into fishponds or
for any other purpose (Par. 1).
EXCEPTIONS: The prohibition on conversion
does not apply to any of the following: (FMA)
1 . Areas covered by Eishpond Lease
Agreements (FLA), Aquasilviculture
Stewardship Contract (ASC) or Gratuitous
Permit and other tenurial instruments;
2. Private property not classified as Mangrove
forest; and
3. Development activities duly covered and
approved by competent Authorities (/RR of
R.A. No. 10654, Rule 99.1).
16. Fishing During Closed Season (Sec. 100)
17. Fishing in Marine Protected Areas,
Fishery Reserves, Refuge
Sanctuaries (Sec. 101)
18. Fishing or Taking of Rare, Threatened C>t
Endangered Species (Sec. 102) ·
a. It shall be unlawful to fish or take, catch,
gather, sell, purchase, possess, transport,
export, forward or ship out aquatic Species
listed in the Convention on the International
Trade in Endangered Species of Wild flora
and Fauna (CITES), or those categorized by
the International Union for Conservation of
Nature and Natural Resources (IUCN) as
threatened and determined , by the
Department as such (Par. 1). ·
b. It shall be unlawful to fish, take, catch,
gather, sell, purchase, possess, transport,
export, forward or ship out aquatic· species
listed in CITES if scientific a$Sessmenls
show that population of the speei~s in the
wild cannot remain viable under pressure of
collection and trade. The taking or fishing of
these species from the wild for scientific
· research, or conservation breeding
simultaneous with commercial breeding
may be allowed (Par. 4).
c. It shall be unlawful to gather, take, possess,
transport, or· export, forward or ship out
captive-bred species that have been
transplanted to the wild (Par. 7).
19. Capture of Sabalo and
Breeders/Spawners (Sec. 108)
The catching of sabalo and other
breeders/spawners for local breeding purposes
or scientific or research purposes may be
allowed subject to guidelines that shall be
promulgated by the Department (Par. 1).
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20. Exportation of Breeders, Spawners,
Eggs or Fry (Sec. 104)
The export of hatchery-bred or captive-bred
breeder, spawner, egg or fry, may be allowed
subject to the regulations to be promulgated by
the Department (Par. 1).
Requirements for Exportation of Hatchery-
Bred or Captive-Bred Spawner, Egg, or Fry
The DA-BFAR may allow the exportation of
batchery-bred pr captive-bred spawner, egg, or
fry if the exporter shall comply with the following
requirements: (HE-HEB)
1. Registration of the ttatchery or captive
breeding facility; ·
2. Registration of gxporter with DA-BFAR;
3. Issuance of ttealth certificate as may be .
required by the importing country;
4. Issuance of gxport commodity clearance;
and and
5. Clearance of the outgoing commodity at the
~order inspection (/RR of R.A. No. 10654,
Rule 104.2).
.· •failure G>B the part of the shipping or forwarding
' •w1rom whose possession the breeders,
spawne!i"~neggs,or fry are discovered or seized
to fully cOoperate in the investigation conducted
by concerned government authorities on the
matter' Shflll <;reate a presumption that there is
conn!'1anQe0~9onspiracy between the company
a.ncl;the sj'lippet to violate the provisions of this
se~Jt!('JJtJ~(;
..,.
21. Importation or Exportation of Fish or
;t;JEHJfisherySpecies (Sec. 105)
\f}ic:r'Zi;:'!.!:~J,
importation or exportation of fish or
fishery species in violation of this Code shall be
unlawful (Par. 1).
Failure on the part of the shipping or forwarding
company from whose possession the fish or
fishery species imported or exported are
discovered or seized to fully cooperate in the
•investigation conducted by concerned
government authorities shall create a
presumption that there is connivance or
conspiracy between the shipping company and
the shipper to perpetrate the aforementioned
offense (Par. 2).
Other
22. Importation or Exportation of Fish or
Fishery Species (Sec. 105)
Any importation or exportation of fish or
fishery species in violation of this .Code shall be
unlawful (Par. 1).
Failure on the part of the shipping or forwarding
company from whose possession the fish or
fishery species imported or exported are
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discovered or seized to fully cooperate in the
investigation conducted by concerned
government authorities shall create a
presumption that there is connivance or
conspiracy between the shipping company· and
the shipper to perpetrate the aforementioned
offense (Par. 2).
23. Violation of Harvest Control Rules (Sec.
106)
24. Aquatic Pollution (Sec. 107)
NOTE: Aquatic Pollution is the introduction by
human or machine, directly or indirectly, of
substances or energy to the aquatic
environment which result or is likely to result in
such deleterious effects as to harm living and
non-living aquatic resources, pose potential
and/or real hazard to. human health, hindrance
to aquatic activities. Deforestation, unsound
agricultural practices, intensive use of artificial
fish feed, and wetland conversion, which cause
similar hazards and deleterious effects shall also
constitute aquatic pollution (Sec. 4,Par. 4).
25. Failure to Comply with Minimum Safety
Standards (Sec. 108} . 1. 50% mortality of the cultured fish stocks of
The owner and captain Of a commercial
fishing vessel engage(j in fishing who, upon
demand by proper authoritie.s,'fails to e~hibit or
show proof of compflance with the ; safety
standards provided in this Code shall be ·uable
administratively and criminally.
Upon apprehension, the fishing vessel shall be
escorted to the nearest port or landing point and
prevented from continuing with the 'fishing
activity.
26. Failure to Submit a Yearly Report on Alt
Fishponds, Fish Pens, and Fish Cages
(Sec. 109)
All fishpond, fish pen, and fish cage
operators shall annually report to the
Department the type of species and volume of
production in areas devoted to aquaculture (Sec.
57).
It shall be unlawful for owners and operators of
fishponds, fishpens and fish cages to fail to
submit an annual report to the Department (Sec.
109, Par. 1).
27. Gathering and Marketing of Shell Fishes
or Other Aquatic Species (Sec. 110)
It shall be unlawful for any person to gather,
take, sell, transfer, possess, . commercially
transport, export, forward or ship out any
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sexually mature shell fish or other aquatic
species identified by the Department, or below
the minimum size, or above the maximum
quantities prescribed for the species (Par. 1).
28: Obstruction to Navigation or Flow or Ebb
of Tide in any Stream, River, Lake or Bay
(Sec. 111)
29. Noncompliance with Good Aquaculture
Practices (Sec. 112)
Fishery operations involving the breeding
and farming of fish and other fishery species
shall comply with good aquaculture practices
and the guidelines for environmentally-sound
design and operation for the sustainable
development of the aquaculture industry which
shall be promulgated by the Department (Par.1).
For purposes of this section, non-compliance
with good aquaculture practice and
environmentally-sound design shall refer to
violations afstandards, which, after failure of the
owner or operator to comply thereto and to adopt
the required remedial measures, despite prior
written notice of such violations, result into any
of the following sitt.1ations:(50-PCA)
an aquaculture zone comprised of several
contiguous. farms owned by different
individuals;
2. foisoning ofwi,ld fish population;
3. Widespread · ~ontamination of pests and
diseases; or
· 4. Aquatic pollution (/RR of R.A. No. 10654,
Rule112. 1).
30. 'Commercial Fishing Vessel Operators
Employing Unlicensed Fisherfolk,
f:ishworker or Crew (Sec. 113)
a. It shall be unlawful for the owner or operator
of a commercial fishing vessel to employ
unlicensed fisherfolk or fishworker or crew
(Par. 1).
All crew on board a commercial fishing
vessel shall be required a Fisherman's
· License, except the following:
1. Captain or Master;
2. Cook, unless he is also involved in
fishing;
3. Crew declared in the manifest, unless
he is also involved in fishing; and
4. Non-crew passengers declared in the
manifest (1RR of R.A. No. 10654, Rule
113.1).
b. It shall likewise be unlawful for Philippine
flagged fishing vessels engaged in distant
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San Bede UniversityCollege of Law - RGCTBar Operations Center
water fishing to employ unlicensed fisherfolk
or fishworker or crew (Par. 2).
31. Obstruction of Defined Migration Paths
· (Sec. 114)
It shall be unlawful for any person to obstruct
any defined migration path of anadromous,
catadromous and other migratory species (Par.
1).
32. Obstruction to Fishery Law Enforcement
Officer (Sec. 115)
The fishing vessel owner, master or operator
or any other person acting on behalf of any
fishing vessel who assaults, resists, intimidates,
harasses, seriously interferes with, or unduly
obstructs or delays a fishery law enforcement
officer, authorized inspector or observer, the
deputized fishwarden of the LGU, or any
lawfully-boarding government officers, in the
exercise of their duties shall be penalized under
this Code (Par. 1).
Any person who does not allow any authorized'.
officer or an observer to exercise any of the legal
duties shall be deemed to be obstructing that
officer or person (Par. 1).
33. Noncompliance with Fisheries Observer
Coverage (Sec. 116)
a. It shall be unlawful for Philippir,ie distant
water fishing vessel to sail Without a
fisheries observer on board as required by
RFMO conservation and •. management
measures (Par. 1).
b. It shall be unlawful for commercial fishing
vessels to sail without a fisheries l)bserver ~n
compliance with this Code and the rules and
regulations promulgated by the Department
(Par. 2).
NOTE: A fisheries observer is a person duly
authorized by the Philippine government or
under a Regional Observer Program of the
RFMO, to collect scientific, technical or fishing-
related data, and other information that may be
required by the government or the RFMO and/
or in compliance to a conservation and
management measure (Sec. 4, Par. 35).
34. Noncompliance with Port State
Measures (Sec. 117)
No foreign fishing vessel shall be allowed
entry without providing at least twenty-four (24 )-
hour prior notice. When a foreign fishing vessel
is granted entry, failure to provide a catch report
shall be deemed unlawful. It shall likewise be
unlawful for any person to fail. to comply with
other rules on port state measures promulgated
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by the Department in coordination with port state
authorities (Par.. 1).
35. Failure to Comply with Rules and
Regulations on Conservation and
Management Measures (Sec. 118)
It shall be unlawful for any person to fail to
comply with conservation and management
measures adopted in rules and regulations to be
promulgated by the Department pursuant to
international conventions, RFMO resolutions
and laws of coastal states where Philippine
vessels fish (Par. 1).
36. Noncompliance with Vessel Monitoring
Measures (Sec. 119)
No municipal, commercial or distant water
fishing vessel shall engage in fishing activity
without complying with the vessel monitoring
measures promulgated by the Department in
coordination with the LGUs. For vessels
operating in Philippine waters, only the catcher
vessel shall be covered by this requirement. It
shall also be unlawful to intentionally tamper
with, sw,jtch off or disable the vessel monitoring
· sYstQJl1f~ar. 1).
Scope of,Vessel Monitoring Measures
The VMM $hall apply to licensed Philippine
flagged fishing vessels operating within and
outside PlliliprJ!newaters as follows:
1., ..,AILU
,, :~~.''.>'
❖ :c:. ·:: ...
· >,<.,.~.:! '\':"it!J?hilippine
<·.,
flagged commercial
1 : • .• ; •d carrier vessels operating
outside Philippine waters shall be installed
with a two-way ALC.
For catcher vessels operating in Philippine
;:.);;t±ft!jf;;,qNtersthe application of VMM shall be
determined in consultation with the
stakeholders, following the process stated in
Rule 65.2 (/RR of R.A. No. 10654, Rule
119.1).
37. Constructing, Importing or Converting
Fishing Vessels or Gears Without Permit
from the Department (See. 120)
38. Use of Unlicensed Gear (Sec. 121)
Any person who uses a fishing gear or method
for commercial fishing without license from the
Department.
39. Falsifying, Concealing or Tampering
with Vessel Markings, Identity or
Registration (Sec. 122)
40. Concealing, Tampering or Disposing. of
Evidence Relating to an Investigation of
a Violation (Sec. 123)
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41. Noncompliance with the Requirements
for the Introduction of Foreign or Exotic
Aquatic Species (Sec. 124)
It shall be unlawful to import, introduce, or
breed, foreign or exotic aquatic species without
the conduct of risk analysis and prior approval of
the Department (Par. 1).
NOTE: The importation, introduction to the wild,
or breeding of foreign or exotic aquatic species
or genetically modified aquatic species, their by-
products and derivatives, shall be governed by
the provisions of Republic Act No. 9147 or the
Wildlife Act, FAO No. 221, Series of 2003, and
Executive Order No. 514, Series of 2006 (/RR of
R.A. No. 10654, Rule 124.1).
42. Failure to Comply with Standards and
Trade-Related Measures ( Sec. 125)
It shall be unlawful .for any person to fail to
comply with standards for weights, volume,
quality and other requirements, for ·all fishery
transactions and trade and trade-related
measures prescribed by the Department {Par.
1).
43. Possessing, Dealing in or Disposing
Illegally Caught or Taken Fish (Sec; 126)
U shall be unlawful to ship, commercially
transport, offer for sale, sell,' import, export, or
have custody, control, or possession of, or to
deal in or in any manner dispose of any fish or ·
species caught, taken or retained in violation of
this Code (Par. 1).
The discovery of any fish or species caught with
the use of explosives or noxious or pdisonous
substances shall constitute a.. ptirna facie
presumption that the possessor, seller, fish
dealer, transporter, importer, or exportertnereof
has knowledge that the fish or species was
caught or taken in violation of this Code (Par. 2).
44. Unauthorized/ Disclosure of Sensitive
Technical Information (Sec. 127)
The · following instances are authorized
disclosure, provided, the affected party is
informed of such disclosure: (ETA)
1. When officially requested by a government
agency to be used as 5.vidence for the
prosecution of fishery or other offenses;
2. When requested by the flag, coastal or port
state for its own investigation or Iraceability;
and
3. Other Analogous circumstances (Rule
127. 1, /RR).
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45. Other Violations (Sec. 128)
In addition to the prohibitions in this Code,
the Department, in consultation with the LGUs,
local FARMCs and NFARMC, shall issue fishery
administrative orders .or regulations. for the
conservation, preservation, management and
sustainable development of fisheries and
aquatic resources (Par. 1).
The Local Government Code vests
municipalities with the power to grant fishery
privileges in municipal waters. One of the
devolved powers under the Code is the
enforcement of fishery laws in municipal waters
including the conservation of mangroves. This
necessarily includes the enactment of
ordinances to effectively carry out such fishery
laws within the municipal waters. In light then of
the principles of decentralization and devolution
and the powers granted therein to local
.government units under the General Welfare
ciau~ and those which involve the exercise of
police power, the validity of the· questioned
. Ordinan·ces . cannot be doubted (Tana v.
Socrates, G.R. No. 110249, August 21, 1997).
ANTI-FENCING LAW OF 1979
PRESIDENTIAL DECREE
NO. 1612
Approved:March 2, 1979
Effectivity Date: March 2, 1979
Topicrelated to: Crimes Against Property
REASONS FOR ENACTMENT OF THE
LAW:
1. There is rampant robbery and thievery of
government and private properties;
2. Such robbery and thievery have become
profitable on the part of the lawless elements
because of the existence of ready buyers,
commonly known as fence, of stolen properties;
3. A fence can be prosecuted only as an accessory
td the crime of robbery or theft;
4. It is imperative to impose heavy penalties on
persons who profit by the effects of the crimes of
robbery and theft (1 FESTIN, Special Penal
Laws Criminal Law Reviewer (2013), p. 182)
[hereinafter 1 FESTIN, SPLJ).
DEFINITION OF TERMS (Sec. 2)
Fencing
It is the act of any person who, with intent to gain for
himself or for another, shall buy, receive, possess,
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keep, acquire, conceal, sell or dispose of, or shall
buy and sell, or in any other manner deal in any
article, item, object or anything of value which he
knows, or should be known to him, to have been
derived from the proceeds of the crime of robbery or
theft (Par. a).
NOTE: The crime of fencing applies only to proceeds
of theft or robbery. It does not apply to other crimes
of gain like estafa (BOADO, SPL, supra at 504).
Fence
It is any person, firm, association, corporation or
partnershjp or other organization who/which
commits the act of fencing (Par. b).
The fence should otherwise be an accessory, not a
principal or accomplice in robbery or theft (Capili v.
Court of Appeals, G.R. No. 139250, August 15, 2000
as cited in BOADO, SPL, supra at 503). But the
fence is a principal in the prosecution for the violation
of P.D. No. 1612.
NOTE: If the fence is a partnership, firm, corporation
or association, the presideot or the manager or any
officer thereof who knows or should have known the
commission of the offense shall be liable (Sac. 4).
PRESUMPTION OF FENCING (Sec. 5)
GENERAL RULE: Fencing is a ma/um prohibitum,
and P.D. No. 1612 creates a prima facie
presumption of Fencing from evidence of
possession by the accused of any good, article, item,
object or anything of value, which, has been the
subject of robbery or theft; and prescribes a higher
penalty based on the value of the property
(Cahulogan v. People, G.R. No. 225695, March 21,
2018). , · distinct offenses. The law on fencing does not
EXCEPTION: All stores, establishments or entities
dealing in the buy and sell of any good, article item,
object of anything of vah,ie obtained from an
unlicensed dealer or supplier thereof, shall before
offering the same for sale to the public, secure the
necessary clearance or permit from the station
commander of the Philippine National Police in the
town or city where such store, establishment or entity
is located (Sec. 6).
Any person who fails to secure the clearance or
permit required by this Section or who violates any
of the provisions of the rules and regulations
promulgated thereunder shall upon conviction be.
.punished as a fence.
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ELEMENTS: (CAKI)
1. A ~rime of robbery or theft has been committed;
2. The accused, who is not a principal or
accomplice in the commission of the crime of
robbery or theft, buys, receives, possesses,
keeps, Acquires, conceals, sells or disposes, or
buys and sells; or in any manner deals in any
article, item, object or anything of value, which
has been derived from the proceeds of the said
crime;
NOTE: The law does not require proof of
purchase of the stolen articles as mere
possession thereof is enough to give rise to a
presumption of fencing. It is incumbent upon the
accused to overthrow this presumption by
sufficient and convincing evidence (Dun/ao v.
CA, G.R. No. 111343, August 22, 1996).
3. The accused ,!Snowsor should have known that
the said article, item, object or anything of value
has been derived from the proceeds of the crime
of robbery or theft;
· •ROT,::"~$hould know" denotes the fact that a
person of:r,easonable prudence and intelligence
would qS~ertain the fact in performance of his
duty tq: ai,o\her or would govern his conduct
upon asiun'tption that such fact exists (1
FESTIN, $PL, supra at 185).
THitij Cffie ·part of the accused, !ntent to
gain t self or for another (Cahulogan v.
People, G.R. No. 225695, March 21, 2018).
. . / The qr:1rnesof robbery and fencing are two
require the accused to have participated in the
criminal design to commit, or to have been in any
way involved in the commission of, the crime of
robbery or theft. While it is true that the object
property in fencing must have been previously
taken by means of either robbery or theft, the
place where the robbery or theft occurs is
inconsequential (People v. De Guzman, GR.
No. 77368, October 5, 1993).
The accessory in the crimes .of robbery and theft
could be prosecuted as such under the RPC or
under P.D. No. 1612. However, in the latter
case, he ceases to be a mere accessory but
becomes a principal in the crime of fencing. In
short, the crimes of robbery and theft, on the one
hand, and fencing on the other, are separate and/
distinct offenses. The State may thus choose to
prosecute him either under the RPC or P.D. No.
1612, although the preference for the latter
would seem inevitable considering that fencing
is ma/um prohibitum, and P.D. No. 1612 creates
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SPECIAL PENAL LAWS

Criminal Law

a presumption of fencing and prescribes a Sec. 1 of Act No. 4103, otherwise known as the
higher penalty based on the value of the Indeterminate Sentence Law (ISL), provides that if
property (Dizon-Pamintuan v. People, G.R. No. the offense is ostensibly punished under a special
111426, July 11, 1994). law, the minimum and maximum prison term of the
indeterminate sentence shall not be beyond what the
FENCE AND ACCESSORY TO THEFT special law prescribed. Be that as it may, the Court
OR ROBBERY, DISTINGUISHED had clarified in the landmark· ruling of People :v.
Simon that the situation is different where although
FENCE AQOESS0R't'T0 lHEF!f the offense is defined in a special law, the penalty
OR ROBBER¥ therefor is taken from the technical nomenclaturi3 in
the RPC. Under such circumstance, the legal effects
ils. to liability. under the system of penalties native to the Code
would also necessarily apply to the special law
A fence is pu~ished As a general rule, an
(Cahulogan v. People, G.R. No. 225695, March 21,
as a principal under accessory to robbery or
2018 citing Peralta v. People, G.R. No. 221991,
P.D. No. 1612 and theft under the RPC is
August 30, 2017).
the penalty is higher. punished two degrees
lower than the principal.
Thus, if the special penal law adopts the
nomenclature of the penalties under the RPC, the
ascertainment of the indeterminate sentence will be
· Fencing is ma/um In accessory to the crime based on th€! rules applied for those crimes
prohibitum and of robbery or theft under p'unishable under the RPC ( Cahulogan v. People,
therefore there is no the RPC, int!ltnt i~; , an G,R. No. 225695, March 21, 2018).
need to prove element ,of the crime and
criminal intent of the therefofe, good faith is a ··: \, ,,
accused. Good faith proper defense. (,

is not a defense. BOUN€ING €HE€KS LAW

As to ~cts Prosecuted
BATAS PAMBANSA BLG. 22
All the acts of on~ The accessory 'in the
who is an accessory crimes· of robbery and
Approved: ,April 3, 1,97,9
to the crimes of theft could<be prose~uted Effectwi:tyDate: April29, 1979
robbery and theft are as such Linqer the BPC or
included in the act as a fence under P :o.no.
ropios related to: Grimes against Property
defined as fencing. 1612.
(1 FEST/N, SPL, supra at 184).' The gr~amen of S.P. Big. 22 is the act of issuing a
worthless check or
a check that is dishonored upon
CLEARANCE/PERMIT TO ,SELL its presentrhe'nt for payment. The law has made the
USED/SECONDHAND ARTICLES ' mere'.act of issuing a bum check a ma/um
proftlbitum, an act proscribed by legislature for being
(Sec. 6) deemed pernicious and inimical to public welfare
All stores, establishments or entities dealing in the (People v. Chua, G.R. No. 130632, September 28,
buy and sell of any good, article, item, object or 1999).
anything of value shall, before offering the same for
sale to the public, secure the necessary clearance or PUNISHABLE ACTS:
p~rmit from the station commander of the Philippine
1. Making or drawing and issuing a check knowing
National Police in the town or city where such store,
establishment pr entity is located. at the time of issue that he does not have
sufficient funds (Sec. 1, Par. (1))
Any person who fails to secure the required
ELEMENTS: (MAKD)
clearance/permit shall also be punished as a fence.
a. That a person Makes or draws and issues
any check; -
Penalty
b. That the check is made or drawn and issued
Notably, while the crime of Fencing is defined and
penalized by a special penal law, the penalty to apply on account or for value;
c. That the person ,!Snowsthat at the time of
provided therein is taken from the nomenclature in
issue he does not have sufficient funds in or
the Revised Penal Oode (RPC) (Cahulogan v.
People, G.R. No. 226595, March 21, 2018). credit with the drawee bank for the payment
of such check upon its presentment; and

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SM Seda UniversityCollegeof Law - RGCT!¾IrOperationsCenter
d. That the check is subsequently Qishonored
by the drawee bank for insufficiency of funds
or credit or would have been dishonored for
the same reason had not the drawer, without
any valid reason, ordered the bank to stop
payment (REYES, Book Two, supra . at
1034-1035).
NOTE: To hold a person liable for violation of BP
22, it is not enough that the check was
subsequently dishonored for insufficiency of
funds; it must be shown also beyond reasonable
doubt that petitioner knew of the insufficiency of
funds at the time the check was issued (Vergara
v. People, G.R. No. 160328, February 4, 2005).
Presumption of knowledge of insufficient
funds will not arise without notice of
nonpayment or proof thereof.
The presumption or prima facie evidence cannot
arise if such notice of nonpayment by the
drawee bank is not sent to the maker or drawer,
or if there is no proof as to when such notice was
received by the drawer, since there would simply
be no way of reckoning the crucial 5-day period
(Alburo v. People, G.R. No. 196289, August 15,
2016).
Indeed, the prima facie presumption in Section 2
of B.P. Big. 22 "gives the accused an opportunity
to satisfy the amount indicatec:i in the check and
thus avert prosecution. This opportunity serves
to mitigate the harshness of the law in its
application (Chua v. People, G.R. No. 196853,
July 13, 2015). . criminal prosecution. Accordingly, procedural due
2. Failing to keep sufficient funds or to maintain
credit to cover the full amount of the check (Sec.
1, Par. (2))
ELEMENTS: (S90D5)
a. That a person has §.ufficient funds with the
drawee bank when he makes or draws and
issues a check;
b. That he fails to keep sufficient funds or to
maintain a· credit to cover the full amount if
presented within a period of. 90 days from
the date appearing thereon;
NOTE: The 90-day period stated above is
not an element of the violation of B.P. Big.
22 by failing to keep sufficient funds. As
such, the maker, drawer, or issuer of the
check is not discharged from his duty to
maintain a sufficient balance in his account
a
for reasonable time even beyond the 90-
day period. A "reasonable time", according
to current banking practice, is 6 months or
180 days after' which the check becomes
stale.
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Thus, where a check is presented beyond
the 90-day period, but within 180 days from
the date indicated therein, and it was
dishonored due to a failure to maintain a
sufficient balance, the maker, drawer or
issuer shall still be liable for violation of B.P.
Big. 22 (Wong v. Court of Appeals, G.R. No.
117857, February 2, 2001).
c. That the check is Qishonored by the drawee
bank (REYES, Book Two, supra at 1035);
and
d. After receiving such written notice and
demand, refuses or fails to pay the value of
the check within ~ banking days (FESTIN,
SPL, supra at 15'7).
NOTE: The law requires that the insufficiency of
funds in or credit shall be explicitly stated in the
dishonor, hence, a mere oral notice or demand to
pay is insufficient for conviction under B.P. Big. 22
(Domagsang v. Court of Appeals, G.R. No. 139292,
December 5, 2000). The reason for dishonor must
be lack or insufficiency of funds or credit with the
6t:iNtIf tbe;:reason for dishonor is other than that,
such ··af failure of consideration, the law_ is not
violated (BOAho, supra at 920).
NOTE: The full pf;!yment of the amount appearing in
the check within five (5) banking days from notice of
dishonor is a :"complete defense" against B.P. Big,
22. TH$ ~$'~Cf pf:Snotice of dishonor necessarily
deprives· 'arr·:acc~sed an opportunity to preclude
g.ess·clearly enjoins that a notice of dishonor be
•. ~:~~rved on the maker, drawer, or issuer of the
cfiecki:f-f~"has a right to demand that the notice of
dishonor be actually sent to and received by him to
afford him the opportunity to avert prosecution under
B.P. Big. 22 (Lao v. C.A., G.R. No. 119178, June 20,
1997).
ALTERNATIVE PENAL TIES
Imprisonment of not less than thirty (30) days·but not
more than one (1) year or by a fine of not less than
but not more than double the amount of the check.
The fine shall in no case exceed P200,000, or both
such fine and imprisonment at the dis.cretion of the
court (Sec. 1, Par. (1)).
Where the check is drawn by a corporation,
company or entity, the person or persons who
actually signed the check in behalf of such drawer
shall be liable (Sec. 1, Par. (3)).
NOTE: In several cases, subsidiary imprisonment
was applied in case of failure of the offender to pay
the fine notwithstanding the absence of such
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provIsIon in the law (Diongzon v. CA, G.R. ·No.
114823, December 23, 1999).
E~DENCE OF KNOWLEDGE OF
INSUFFICIENT FUNDS (Sec. 2)
GENERAL RULE: The making, drawing and
issuance of a check payment of which is refused by
the drawee because of insufficient funds in or credit
with such bank, when presented within ninety (90)
days from the date of the check, shall be prima facie
evidence of knowledge of such insufficiency of funds
or credit.
EXCEPTIONS:
If the maker or drawer: (PA)
1. fays the holder thereof the amount due thereon
within five (5) banking days after receiving notice
that such check has not been paid by the
drawee; or.
2. Makes Arrangements for payment in fu,Ubyfhe
drawee of such check within five (5) banking
days after receiving notice that suchchecfhc:i.S
not been paid by the drawee (Sec. 2),, .. · ·
For this presumption to aris~, th~ pt~secution
must prove the following: ·· , ,; ' presµmpfipa of kfiowledge of insufficiency of
1. The chack is presented within ntnety (90) days
from the date of the check;
2. The drawer or maker; of·-the check, receives
notice that such check Msnot,been pajd by the
drawee; _. .. _, , •._
3. The drawer or maker of the che<;kfaUsto paythe
holder of the check the amounfdue therflbn, or
make arrangements for payment in full._within
five (5) banking days after receiving notice that
such check has not been 'paid by th~ dra~~
(Alburo v. People, G.R. No. 1Q6289, ~ll'gu~~ 15, .
2016).
In other words, the presumption is brought into
existence only after it is proved that the issuer had
received a notice of dishonor and that within five
days from receipt thereof, he failed to pay the
amount of the check or to make arrangements for its
payment (Alburo v. People, G.R. No. 196289,
August 15, 2016).
SC ADMINISTRATIVE Cl~CULAR 12-
2000, AS CLARIFIED BY A.C. 13-2001
Where the circumstances of both the offense and the
offender clearly indicate good faith or a clear mistake
of fact without taint of intelligence, the imposition of
fine alone should be · considered as the more
appropriate penalty.
The administrative circular merely lays down a rule
of preference in the application of· the penalties
provided for in B.P. Big. 22. The circular does not
delete the penalty of imprisonment, for should the
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SPECIALPENALLAWS
Criminal law
judge decide that imprisonment is the more
appropriate penalty, the circular ought not to be a
hindrance.
Prosecution under B.P. Big. 22 shall be without
prejudice to any liability for any violation in the RPC.
The fine under B.P. Big. 22 is based on the amount
of the check and is without regard to the amount of
damage caused.
The accused will be liable for the dishonor of the
check even if it was issued in payment of a pre-
existing legal obligation as he issued that check "to
apply on account."
SIGNIFICANT PERIODS UNDER B.P.
BLG. 22: (5-90-180)
1. Five (5) banking days
The maker or issuer must make
_ arrangements to make good the check within
. five (5) days to escape criminal liability for
· is~uillg q rubber check (Sec. 2);
2. Nioety (90)-~ays
"'·... He must m~intain sufficient funds within the
90-day· J)eriopof Jime to destroy the prima facie
funds to back up tile check (Sec. 1, Par. (2));
3. On~ hundted· ei;ghty (180) days
if ailure of the p~ee to deposit or encash the
check within this 1~0-day period will make the
check stale or ;valueless, hence, no criminal
actionca11arise therefrom (BOADO Compact
Reviewer,' supra at604).
NOTE: The spirit pf the law behind B.P. Big. 22, is
the protedi.oo ofthe credibility and stability of the
·· banking system, would not be served by penalizing
people'whO have evidently made amends for their
mistakes and made restitution for damages even
before charges have been filed against them. In
effect, the payment of the checks before the filing of
the Information has already attained the purpose of
the law. It should be emphasized as well that
payment of the value of the bounced check after the
information has been filed in court would no longer
have the effect of exonerating the accused from
possible conviction for violation of B.P. Big. 22 (Lim
v. People, G.R. No. 190834, November 26, 2014).
SYNDICATED ESTAFA
PRESIDENTIAL DECREE
NO. 1689
Approved on: April 6, 1980
Effectivity Date: April 6, 1980
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San Seda UnlVffl'Slty
College of Lew - RGCT Bar Operations Center
Topics related: Crimes against property
ELEMENTS:
1. Estafa or other forms of swindling under Articles
315 to 318 of the Revised Penal _Code is
committed;
2. It is committed by a syndicate of five or more
persons; and
3. Defraudation results in the misappropriation of
moneys contributed by stockholders, or
members of rural banks, cooperative, samahang
nayon, or farm~rs' associations, or funds
solicited by corporations/associations from the
general public (People v. Tibayan, G.R. Nos.
209655-60, January 15, 2015).
The fact that the entity involved was not a rural bank,
cooperative, samahang nayon or farmers'
association does not take the case out of the
coverage of P.D. No. 1689. Its third "whereas ·
clause" states that it also applies to other
"corporations/associations operating on funds
solicited from the general public" (People v. Balasa,'
G.R. No. 106357, September 3, 1998).
If the general public element (third elemeht) was not
complied with, no syndicated estafa alleg~ly took
place, only simple estafa (Hao v. People, G,R. No.
183345, September 17, 2014). ··
Syndicate formed for carrying out the unlawful
scheme for the misappropriation pf the lnoney
contributed by the members · ,
Swindling by syndicate used the association that
they manage to defraud the general puolic of funds
contributed to the association. Sectlon 1 of
Presidential Decree No. 1689 speaks of ~-syndicate
formed with the intention of carrying out the unlawful
scheme for the misappropriation of the money·
contributed by the members of the association. In
other words, only those who formed and manage
associations that receive contributions from the
general public who misappropriated the
contributions can commit syndicated estafa (Galvez
v. Court of Appeals, G.R. No. 187919, February 20,
2013).
PENALTY
Any person or persons who shall commit estafa or
other forms of swindling as defined in Article 315 a_nd
316 of the Revised Penal Code; as amended, shall
be punished by life imprisonment to death if the
swindling (estafa) is committed by a syndicate
consisting of five or more persons (Sec. 1, par. 1).
When not committed by a syndicate as above
defined, the penalty imposable shall be reclusion
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temporal to reclusion perpetua if the amount of the
fraud exceeds 100,000 pesos (Sec. 1, par. 2).
MIGRANT WORKERS AND
OVERSEAS FILIPINOS ACT
OF1995
RE.PUBLIC ACT NO. 8042,
AS AMENDED BY
REPUBLICACT NO. 10022
Approved on:
R.A. No. 8042 - June 7, 1995
R. A. No. 10022 -Approved: March 8, 2010
Signed: March 10, 2010
Effectivity Clauses:
R.A. No. 8042 - This Act shall take effect after
fifteen ( 15) days from its publication in the Official
Gazette or in_at least two (2) national newspapers of
'gtij~al cir~f;;ltion whichever comes earlier (R.A.
No. 8042; &!~, 43).
R.A. No. 10()~ - The provisions of these Rules and
Regulatiornish.~ll take effect fifteen days (15) after
publicatio11-;iri ~o (2) newspapers of general
circulatior; (R.'11,.
Np.10022, Rule XX/, Sec. 2).
PRO..... ;:-TS (Sec. 6 of R.A. No.
8042 a~i·l,m*itd~d
by R.A. No. 10022)
Illegal recruitment shall mean any act of canvassing,
irw, contracting, transporting, utilizing, hiring, or
1
;tg-;workers and includes referring, contract
services, promising or advertising for employment
abroad, whether for profit or not, when undertaken
by non-licensee or non-holder of authority.
Any such non-licensee or non-holder who, in any
manner, offers or promises for a fee employment
abroad to two or more persons shall be deemed so
engaged.
It shall likewise include the following acts, whether
committed by any person, whether a non-licensee,
non-holder, licensee or holder of authority:
1. To charge or accept directly or indirectly any
amount greater than that specified in the
schedule of allowable fees prescribed by the
Secretary of Labor and Employment, or to make
a worker pay or acknowledge any amount
greater than that actually received by him as a
loan or advance;
2. To furnish or publish any false notice or
information or document in relation to
recruitment or employment;
3. To give any false notice, testimony, information
or document or commit any act of
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misrepresentation for the purpose of securing a
license or authority under the Labor Code, or for
the purpose of documenting hired workers with
the POEA, which include the act of reprocessing
workers through a job order that pertains to
nonexistent work, work different from the actual
overseas work, or work with a different employer
whether registered or not with the POEA;
4. To include or attempt to induce a worker already
employed to quit his employment in order to offer
him another unless the transfer is designed to
liberate a worker from oppressive terms and
conditions of employment;
5. To influence or attempt to influence any person
or entity not to employ any worker who has not
· applied for employment through his agency or
who has formed, joined or supported, or has
contacted or is supported by any union or
workers' organization;
6. To engage in the recruitment or placement of
workers in jobs harmful to public health or
morality or to the dignity of the Republic of the
Philippines; · ·3. , Refuse to .Condone or renegotiate a loan
7. To obstruct or attempt to obstruct inspection by
the Secretary of Labor and Employment or by
his duly authorized representatives~
8. To fail to submit reports on· the status. of
employment, placement vacancies, remittance
of foreign exchange earnings, ·separation from
jobs, departures and such other matters or
information as may be required by the Secretary
of Labor and Employment;
9. To substitute or alter to the prejudice 'of the
worker, employment contracts" ,approved · and
verified by the Department of Labor and
Employment from the tim€) of act.ual signing
thereof by the parties up to and incluping the
period of the expiration of the same wit~outJhe
approval of. the Department o( Labor' arid
Employment . specifiCally designated institutions, entities or
10. For an officer or agent of a recruitment or
placement agency to become an officer or
member . of the Board of any corporation
engaged in travel agency or to be engaged
directly or indirectly in the management of travel
agency;
11. To withhold or deny travel documents from
applicant workers before departure for monetary
or financial considerations, or for any 'other
reasons, other than those authorized under the
Labor Code and its implementing rules and
regulations;
12. Failure to actually deploy a contracted worker
without valid reason as determined by the
Department of Labor and Employment;
13. Failure to reimburse expenses incurred by the
worker in connection with his documentation and
processing for purposes of deployment, in cases
where the deployment does not actually take
place without the worker's fault. Illegal
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Criminal Law
recruitment when committed by a syndicate or in
large scale shall be considered an offense
involving economic sabotage; and
14. To allow a non-Filipino citizen to head or
manage a licensed recruitment/manning
agency.
In addition to the acts enumerated above, it shall
also be unlawful for any person or entity to commit
the following prohibited acts: (LAC-HT-SD)
1. Grant a ,boan to an overseas Filipino worker with
interest exceeding eight percent (8%) per
annum, which will be used for payment of legal
and allowable placement fees and make the
migrant worker issue, either person,ally or
through a guarantor or accommodation party,
postdated checks in relation to the said loan;
2. Impose a compulsory and exclusive
arrangement whereby an overseas Filipino
..worker is required to Avail of a loan only from
specifically designated institutions, entities or
persqns;.,
incurred by ahoverseas Filipino worker after the
latter'a · . employment contract has been
prematurely terminated through no fault of his or
her own;'
4. lmpqse a . · compulsory and exclusive
arraiiigement whereby an overseas Filipino
wor~er is ·· requited to undergo .!:::!ealth
examinations only from specifically designated
medical clinjcs, institutions, entities or persons,
except in the case ,of a seafarer whose medical
examination cosf is shouldered by the
prtncipallShipowner;
5. !~pose, a compulsory . and exclusive
arrangement . whereby an overseas Filipino
worker.ls required to undergo !raining, seminar,
instruction 'or schooling of any kind only from
. .. persons, except fpr recommendatory trainings
mandated by principals/shipowners where the
latter shoulder the cost of such trainings;
6. For a §.uspended recruitment/manning agency
to engage in any ~ind of recruitment activity
including the processing of pending workers'
applications; and
7. For a recruitment/manning agency or a foreign
principal/employer to pass on the overseas
Filipino worker or Qeduct from his or her salary
the payment of the cost of insurance fees,
premium or other insurance related charges, as
provided under the compulsory worker's
insurance coverage.
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. It is deemed committed in large· scale if
committed against three (3) or more persons
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San Seda Univefflity College of Law - RGCT Bar Operations Center

individw;llly or as a group (R.A. No. 8042 as

amended, Sec. 6).

ELEMENTS: one another. It is property, credit, agency,

1. The offender undertakes either any activity deemed committed in business or imaginary
within the meaning of "recruitment and large scale if transactions, or by means
placement" defined under Article 1_3(b
), o_rany of committed against of similar deceits
the prohibited practices enumerated. under Art. three (3) or more executed prior to or
34 of the Labor Code; persons individually or simultaneously with the
2. He has no valid license or authority required by as a group commission of fraud
law to enable one to lawfully engage in (People v. Chua, G.R. No. 184058, March 10, 2010).
recruitment and placement of workers; and
3. The illegal recruitment is committed by a group The persons criminally liable for the above offenses
of three (3) or more persons conspiring or are the principals, accomplices, and accessori,es. In
confederating with one another (People v. Gallo, case of juridical persons,. the officers having
•G.R. No. 187730, June 29, 2010). ownership, control, management, or direction of their
business who are responsible for the commission of
A person convicted of illegal recruitment may, in the offense and the responsible employees/agents
addition, be convicted of estafa as penalized under thereof shall be liable.
Article 315, paragraph 2(a) of RPC. Illegal
Recruitment in Large Scale penalized under . In the filing of cases for illegal recruitment or any of
Republic Act No. 8042, or "The Migrant Workers and the prohibited acts under this section, the Secretary
Overseas Filipinos Act of 1995," is a special law; a of Labor and Employment, the POEA Administrator
violation of which is malum prohibitum, not malum in or their duly authorized representatives, or any
se. Intent is thus immaterial. And that explains why
<· ~v~.d~son may initiate the corresponding
appellant was, aside from estafa, convicted of such
0

criminaJ11ettin with the appropriate office (R.A. No.

offense (People v. Chua, G.R. No. 184058, March ·· 8042 as ama-r,ti_ed,Sec. 6).
10, 2010).
A criminal .action,arising from illegal recruitment as
Conviction for illegal recruitm_ent woptd not defined herein sh~II be filed with the Regional Trial
preclude punishment for estafa under Article Court ofJhe provirii;e or city where the offense was
315(2)(a), RPC ·... · comrm~,,,~y _.
.. fe>the offended party actually
A conviction for illegal recruitment whether simple or resides ~~;; :ml:itime of the commission of the
committed in large scale wouid nor preclude offense: Provided, That the court where the criminal
punishment for estafa under Article 3l5(2)(a) of the action is first filed shall acquire jurisdiction to the
RPC. This is because no double jeopardy: could :;pi~sj9n of other courts. Provided, however, That
attach from the prosecution and convictioh of the •:c:;;tM~tated provisions shall also apply to those
accused for both crimes considering that they are criminal actions that have already been filed in court
penalized under different laws and involved at the time of the effectivity of this Act (R.A. No. 8042,
elements distinct from one another (Peopfe v. Sec. 9).
Estrada, G.R. No. 225730, February 28, 2018).
LIABILITY OF PERSONS INVOLVED:
ILLEGAL RECRUITMENT AND ESTAFA,
1. The persons criminally liable for the above
DISTINGUISHED offenses are the principals, accomplices and
accessories. In case of juridical persons, the
officers having ownership, control, management
or direction of their business who are
Malum Prohibitum - Malum in Se - an intent is responsible for the commission of the offense
criminal intent of the imperative. and the responsible employees/agents thereof
accused is not shall be liable (R.A. No. 8042 as amended, Sec.
necessary for 6).
conviction. 2. The liability of the principal employer and the
recruitment/placement agency for any and all
Committed . by a Committed by any person claims under this section shall be. joint and
syndicate if carried out who defrauds another by several (R.A. No. 8042 as amended, Sec, 10).
by a group of three (3) using fictitious name, or 3. Private employment agencies are held jointly
or more persons falsely pretends to and severally liable with the foreign-based
conspiring or possess power, employer for any violation of the recruitment
confederating with influence, qualifications, agreement or contract of employment This joint

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and solidary liability imposed by law against
recruitment agencies and foreign employers is
.meant to assure the aggrieved worker of
immediate and sufficient payment of what is due
him. This ·is in line with the policy of the state to
protect and alleviate the plight of the working
class (Datuman v. First Cosmopolitan
Manpower and Promotion Services, Inc., G.R.
No. 156029, November 14, 2008).
4. The liability of corporate directors and officers is
not automatic. To make them jointly and
solidarily liable with their company, there must
be a finding that they were remiss in directing
affairs of that company, such as sponsoring to
tolerating the conduct of illegal activities (Gagui
v. Dejero, G.R. No. 196036, October 23, 2013).
While a corporate director, trustee, or officer who
entered into contracts in behalf of the corporation
generally cannot be held personally liable for the
liabilities of the latter, in deference to the.separate
and distinct legal personality. of a corporation from
the persons composing it, personal liability of suon
corporate director, trustee, or offiqer, along (atttiough
not necessarily) with the corporation, ·may validly
attach when he is made by a specific pr.6visionof law
personally ar:iswerable for ··his corporate action
(Gargallo v. DOHLE Seafront Crewing (Manila), Inc,
G.R. No. 215551, August 17, 2016).
Section 10 is plain and clear, the joint and several
liability of the principal/en,ployer,
recruitment/placement agency,, and the corporate
offcers cif the latter, for the mori~y claims' and
damages of an overseas Filipino worker is abs0li.Jte
and without qualification. It is intended th give utmost
protection to the overseas Filipino worker, who may
not have the resources to pursue her money ciairns
and damages against the foreign principal/amployer
in another country (Princess Talent . Center
Production, Inc. v. Masagca, G.R. No. 191310, April
11, 2018).
The terms of Section 10 of R.A. No. 8042 clearly
states the solidary liability of the principal and the
recruitment agency to the employees and this
liability shall not be affected by any substitution,
amendment or modification for the entire duration of
the employment contract (Powerhouse Staffbuilders
International, Inc. v. Rey, G.R. No. 190203,
November 07, 2016).
PRESCRIPTIVE PERIODS
Illegal recruitment cases under this Act shall
prescribe in five (5) years: Provided, however, That
illegal recruitment cases involving economic
sabotage as defined herein shall prescribe in twenty
(20) years (R.A. No. 8042, Sec. 12).
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SPECIALPENAL LAWS.
Criminal Law
ANTI-ILLEGAL NUMBER
GAMES LAW
PRESIDENTIAL DECREE
NO. 1602,
AS AMENDED BY
REPUBLIC ACT NO. 9287
Approved on: April 2, 2004
Effectivity Date: April 19, 2004
DEFINITION OF TERMS (Sec. 2)
Illegal numbers game is any form illegal gambling
activity which uses numbers or combirn~tionsthereof
as factors in giving out jackpots (Par. a).
Jµete.ng is an illegal numbers game that involves the
combination Qf thirty-seven (37) numbers against
thirti--seven (37) numbers from number one (1) to
. thirty seven (37) or the combination of thirty-eight
(38) num~rs in, sorpe areas, serving as a;orm of
1ocal lottery wherebets are placed and accepted per
combination, and its yariants (Par. b).
Masiao is an illegal numbers game where the
yvinning,combinijtion is derived from the results of
the last game ·of;Ja1Alat or the Special Llave portion
or any result thereoft)ased on any fictitious Jai Alai
game consisti~ of ~en (10) players pitted against
one another, and its variants (Par. c).
. .
Last two is an illegal numbers game where the
winning combinatiOn is derived from the last two (2)
numbers of :the first prize of the winning
Sweepstak~s 'ticket which comes out during the
weekly ,drawof the Philippine Charity Sweepstakes
Office (PCSO), and its variants (Par. d).
PENALTIES:
Any person who participates in any illegal numbers
game shall suffer the following penalties:
1. The penalty of imprisonment from thirty (30)
days to ninety (90) days, if such person acts as
a bettor;
2. The penalty of imprisonment from six (6) years
and one (1) day to eight (8) years, if such person
acts as a personnel or staff of an illegal numbers
game operation;
3. The penalty of imprisonment from eight (8) years
and one (1) day to ten (10) years, if such person
acts as a collector or agent;
4. The penalty of imprisonment from ten ( 10) years
and one ( 1) day to twelve ( 12) years, if such
person acts as a coordinator, controller or
supervisor;
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5. The penalty of imprisonment from twelve (12)
years and one (1) day to ten (10) fourteen (14)
years, if such person acts as a maintainer,
manager or operator
6. The penalty of imprisonment from fourteen (14)
years and one (1) day to sixteen (16) years, if
such person acts as a financier or capitalist;
7. The penalty of imprisonment from sixteen (16)
years and one (1) day to twenty (20) years, if
such person acts as protector or coddler (Sec.
3).
The penalty next higher in degree as provided for
under Section 3 shall be imposed upon a recidivist
who commits any of the offenses punishable in this
Act (Sec. 7).
The possession of any gambling paraphernalia and
other materials used in the illegal numbers game
operation shall be deemed prima facie evidence of
any offense covered by this Act (Sec. 4).
Liability of Government Employees and/or
Public Officials:
1. If the collector, agent, coordinator, controller,
supervisor, maintainer, manager, operator,
financier or capitalist of any illegal numbers
game is a government employee and/or public
official;
2. In case of failure to apprehend perpetrators of
any illegal numbers game, any law enforcer shall
suffer an administrative penalty.of suspension or
· dismissal, as the case may be, to be imposed by
the appropriate authority (Sec. 5).
Liability of Parents/Guardians
The penalty of imprisonment from six (6) months and
one (1) day to one (1) year or fine ranging from One
hundred thousand pesos (P100,000.00) to Four
hundred thousand pesos (P400,000.00) shall be
imposed upon any parent, guardian or person
exercising moral authority or ascendancy over a
minor, ward or incapacitated person, and not
otherwise falling under any of the foregoing
subsections, who induces or causes such minor,
ward or incapacitated person to commit any of the
offenses punishable in this Act (Sec. 6).
COMPREHENSIVE
FIREARMS AND
AMMUNITION REGULATION
ACT
REPUBLIC ACT NO. 10591,
AMENDING P .D. NO. 1866
AND R.A. NO.8294
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Approved on: May 29, 2013
Effectivity Date: June 13, 2013
Topics related to: Qualifying Aggravating
Circumstance; Crimes Against Public Order
DEFINITION OF TERMS (Sec. 3, R.A.
10591)
Ammunition
It refers to a complete unfixed unit consisting of a
bullet, gunpowder, cartridge case and primer or
loaded shell for use in any firearm (Par. b).
Firearm
It refers to any handheld or portable weapon,
whether a smaH arm or light weapon, that expels or
is designed to expel a bullet, shot, slug, missile or
any projectile, which is discharged by means of
expansive force of gases from burning gunpowder or
other form of combustion or any similar instrument
or implement. For purposes of this Act, the barrel,
.. frame or receiver is considered a firearm (Par. /).
.~~ 1~111.usJ$!ing
It refersrtt)Jt~e import, export, acquisition, sale,
delivery, movement or transfer of firearms, their
parts and components and ammunition, from or
across the ;ter(itory of one country to that of another
country whi¢h 'has not been authorized in
accordar)Ce 14,tith·domestic law in either or both
countrytQO!.lfil!f4Miear.d).
,:. ·.~.;; ;.'. .~··-,,~;,:; .. < ··. :· ··~••;,«: 1:
lmitation:,h~~~~~ ··
It refers to a replica of a firearm, or other device that
· ·· .~1,1bstantially
similar in coloration and overall
'iince to an existing firearm as to lead a
reasonable person to believe that such imitation
firearm is a real firearm (Par. q).
NOTE: An imitation firearm used in the commission
of a crime shall be considered a real firearm and the
person who committed the crime shall be punished
in accordance with this Act.
However, injuries caused on the occasion of the
conduct of competitions, sports, games, or any
recreation activities involving imitation firearms shall
not be punishable under this Act (Sec. 35).
Licensed Citizen
Any Filipino who complies with the qualifications set
forth in this Act and duly issued with a license to
possess or to carry firearms outside of the residence
in accordance with this Act (Par. r).
Gun Club
It refers to an organization duly registered with and
accredited in good standing by the Firearms and
Explosives Office (FEO) of the PNP which is
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established for the purpose of propagating
responsible and safe . gun ownership, proper
appreciation and use of firearms by its members, for
the purpose of-sports and shooting competition, self-
defense and collection purposes (Par. o).
Loose Firearm
It refers to an unregistered firearm, an obliterated or
altered firearm, firearm which has been lost or
stolen, illegally manufactured firearms, registered
firearms in the possession of an individual other than
the licensee and those with revoked licenses in
accordance with the rules and regulations (Par. v).
Permit to Carry Firearm Outside of Residence
It is the written authority issued to a licensed citizen
by the Chief of the PNP which entitles such person
to carry his/her registered or lawfully issued firearm
outside of the residence for the duration and purpose
specified in the authority (Par. y).
Permit to Transport Firearm
It is the written authority issued to a ficerised citizen
or entity by the Chief of the PNP' or 'by.a .PNP.
Regional Director which entitles such person or
entity to transport a particularfirearm from and to a
specific location within the duration and p1:1rposein
the authority (Par. z). · bf those enumerated under R.A. No. 8294, any
Tampered, Obliterated or .Altered Firearm
It refers to any firearm whose serial number or other
identification or ballistic characteristics have. been
intentionally tampered with'~ oti1itetijted or.altered
without authority or in order to conceal itl3 source,
identity or ownership (Par. ff). · '
PUNISHABLE ACTS UNQER S~p. ~8
AND 29:
1. Unlawful acquisition or pos~$sion , of
firearms and ammunition (Sec. 28); and
Aggravating Circumstances:
a. Loaded with ammunition or inserted with a
loaded magazine;
b. Fitted or mounted with laser or any gadget
used to guide the shooter to hit the target
such as thermal weapon sight (TWS) and
the like;
c. Fitted or mounted with sniper scopes,
firearm muffler or firearm silencer;
2.
d. Accompanied with an extra barrel; and
e. Converted tq be capable of firing full
automatic bursts.
NOTE: A simple reading of Sec. 1 of RA 8294
shows that if an unlicensed firearm is used in the
commission of any crime, there can be no
separate offense of simple illegal possession of
firearms. Hence, if the "other crime" is murder or
homicide, illegal possession of firearms
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SPECIALPENALLAWS
Criminal Law
becomes merely an aggravating circumstance,
not a separate offense. Since direct assault with
multiple attempted homicide was committed in
this case, appellant can no longer be held liable
for illegal possession of firearms (People v.
Ladjaalam, G.R. Nos. 136149-51, September
19, 2000).
The accused can be convicted of simple illegal
possession of firearms, provided that "no other
crime was committed by the person arrested."
The word "committed" taken in its ordinary
sense, and in light of the Constitutional
presumption of innocence, necessarily implies a
prior determination of guilt by final conviction
resulting from successful prosecution or
voluntary admission ( Gelino v. Court of Appeals,
G.R. No. 170562, June 29, 2007).
Citing the case of People v. Valdez (1999), the
Supreme Court ruled that "all pending cases
involving.. illegal possession of firearm should
continue to be prosecuted and tried if no other
crimes expressly indicated in Republic Act No.
8294 are involved xx x." (Id.).
In sum, when tne other offense involved is one
information for illegal possession of firearm
sho~ld be quaslled because the illegal
possession pf firearm would have to be tried
together with such other offense, either
considered/as ·canaggravating circumstance in
murder or tiomicid~. or absorbed as an element
of rebellion, insurrection, sedition or attempted
coup d'etat. Conversely, when the other offense
involved is not one of those enumerated under
RA. No.8294, then the separate case for illegal
posSElsSiof'lof firearm should continue to be
prosecuted
(Id.);
To be guilty of illegal possession of firearms and
ammunition, one does not have to be in actual
possession thereof. The law does not punish
physical possession alone but possession on
general including constructive possession or the
subjection of the thing to the owner's control
(Evangelista v. People, G.R. No. 163267, May 5,
2010).
Use of loose firearm, when inherent in the
commission of a crime, shall be considered
as an aggravating circumstance (Sec. 29).
NOTE: If the violation is in furtherance of, or
incident to, or in connection with the crime of
rebellion, insurrection, or attempted coup
d'etat, such violation shall be absorbed as an
element of the crime of rebellion, insurrection, or
attempted coup d'etat (Par. 2).
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If the crime is committed by the person without
using the loose firearm, the violation shall be
considered as a distinct and separate offense
(Par. 3).
OTHER PUNISHABLE ACTS:
1. Carrying of registered firearm outside of
residence by a licensed person without any legal
authority therefor (Sec. 31);
2. Unlawful manufacture, importation, sale or
disposition or possession of firearms or
ammunition or instruments (Sec. 32);
NOTE: The possession of any machinery, tool
or instrument used directly in the manufacture of
firearms, ammunition, or major parts thereof by
any person whose business, employment, or
activity does not lawfully deal with the
possession of such article shall be prima .facie
evidence that such article is intended to be used
in the unlawful/illegal manufacture of firearms, ·
ammunition or parts thereof (Par. 2);
If the violation or offense is committed by a
corporation, partnership, association or other
juridical entity, the penalty provided for_in this
section shall be imposed upon the directors,
officers, employees or other officials or persons
therein who knowingly and willingly participated
in the unlawful act (Par. 4).
3. Unlawful taking, sale or disposition by any
Laborer, worker or employee of a licensed
firearms dealer of parts of firearms or
ammunition which the company manufactures
and sells, and other materials used by the
company in the manufacture or sale .offire.arms
or ammunition (Sec. 32(b));
NOTE: The buyer or possessor of such stolen
part or material, who is aware that such part or
material was stolen is also penalized (Sec. 32,
Par. 3).
4. Arms Smuggling (Sec. 33);
5. Unlawful Tampering, obliteration or alteration of
firearm's identification (Sec. 34);
6. · Planting evidence or the willful and malicious
insertion, placing and/or attachment, directly or
indirectly, through any overt or covert act, of any
firearm or ammunition or parts thereof in the
person, house, effects, or in the immediate
vicinity of an innocent individual for the purpose
of implicating or incriminating the person, or
imputing the commission of any violation of the
provisions of this Act to said individual (Sec. 38);
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7. Failure to notify lost or stolen firearm or light
Weapon to the FEO of the PNP within thirty (30)
days from discovery (Sec. 40, Par. 1);
8. Failure to notify the FEO of the PNP of a licensed
person's change of residence or office address,
other than that indicated in the license card,
within thirty (30) days from transfer (Sec. 40,
Par. 2); and
9. Illegal transfer or registration of firearms to any
person who has not yet obtained or secured the
necessary license or permit thereof (Sec. 41).
GROUNDS FOR REVOCATION,
CANCELLATION OR SUSPENSION OF
LICENSE OR PERMIT (Sec. 39):
The Chief of the PNP or his/her authorized
representative may revoke, cancel or suspend a
license or permit on the following grounds:
1. Commission of a crime or offense involving the
firearm, ammunition, of major parts thereof;
2. Conviction of a crime involving moral turpitude
<i,:;;qr c:1ryQ'!fense where the penalty carries an
·····1rtiptt~l1Ment of more than six (6) years;
3. Loss of ttie firearm, ammunition, or any parts
thereof through negligence;
4. Carrying of the firearm, ammunition, or major
parts thereof outside of residence or workplace
without, the proper permit to carry the same;
5. Ca-. · · e>1't~Jirearm, ammunition, or major
0
parfs .. pf:inprohibited places;
6. Dismissal for cause from the service in case of
government official and employee;
Commission of any of the acts penalized under
'Repub1icAct No. 9165, otherwise known as the
"Comprehensive Dangerous Drugs Act of 2002";
8. Submission of falsified documents or
misrepresentation in the application to obtain a
license or permit;
9. Noncompliance of reportorial requirements; and
10. By virtue of a court order.
ANTI-HAZING ACT OF 2018
REPUBLIC ACT NO. 8049,
AS AMENDED BY
REPUBLIC ACT NO. 11053
Approved on:
R.A~ No. 8049- June 7, 1995
R.A. No. 11053 - June 29, 2018
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Effectivity Clauses:
R.A. No. 8049 - This Act shall take effect fifteen (15)
calendar days after its publication in at least two (2)
national newspapers of general circulation (R.A. No.
8049, Sec. 7).
R.A. No. 11053 - This Act shall take effect fifteen
( 15) days after its publication in the Official Gazette
or in at least two (2) national newspaper of general
circulation (R.A. No. 11053, Sec.18).
Topic related to: Crimes Against Persons
DEFINITION OF TERMS (Sec. 2)
Hazing
It is any act that results in physical or psychological
suffering, harm, or injury inflicted· on a recruit,
neophyte, applicant, or· member as part of an
initiation rite or practice made -as a prerequisite for
admission or a requirement for continuing
membership in a fraternity, .§orority, or Orga~zation
(FSO) (Par. a).
.. . 5.•
Hazing shall also include any ac\ivity, lntentiona1I'y
made or otherwise, by one person alon~. orac::ting
'or
with others, that tends to hur:niUat~ embarrass,
degrade, abuse, or endanger,. by requlring a recruit,
neophyte, applicant, or member to do menial, silly,
or foolish tasks.
Initiation or Initiation Rite~ .,. ..
It refers to ceremonies, p113ctiQes 1 rituals,, or other
acts, weather formal or inforrnalJhat a per~op must
perform or take part in order to be ?cceptec(into a
fraternity, sorority, or organii.ation all a full-fledged
member (Par. b). · ·· · PROHIBIT(ON O;:JHAZING (Sec. 3)
Organization
It is an organized body of people which include$; but
it is not limited to, any club, association,, group,
fraternity, and sorority. This term shall frtclvdethe
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 (Par. c).
Schools _
Refer to colleges, universities, and all other
educational institutions (Par. d).
ELEMENTS OF HAZING: (ESP)
Hazing is a crime when:
1. A person is placed in some !;_mbarrassing or
humiliating situation or .§ubjected to physical or
psychological suffering or injury; and
2 .. These acts were employed as a frerequisite for
the person's admission or entry into an
organization (People v. Bayabos, G.R. No.
171222, February 18, 2015).
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SPECIALPENALLAWS
Criminal Law
ALLOWED INITIATION RITES (Sec. 2)
Oniy initiation rites or practices that do not constitute
hazing shall be allowed: Provided, that a written
application to conduct initiation rites shall be made
to the proper authorities of the school not later than
seven (7) days prior to scheduled initiation date.
NOTE: The written application shall contain the
. following (PUT-OOP):
1. flace and date of the initiation rites and the
names of the recruits, neophytes, or applicants
to be initiated and the manner by which they will
conduct the initiation rites;
2. Y,ndertaking that no harm of any kind shall be
committed by anybody during the initiation rites;
3. Period of the initiation activities which shall not
exceed !hree (3) days;
4. Names of the Incumbent Officers of the
fraternity, sorority, or organization and any
person or persons who will take charge in the
conduct of the initiation rites;
IVshall be under Oath with a declaration that it
bas been posted in the official school bulletin
b~ard, tlie bulletin board of the office of the
fraterrtity; sqro.rity, or organization, and two (2)
other consp¢uous places in the school or in the
prertiises ofthe·organization;
6. · · The application shall be fasted from the time of
submission '.of·the written notice to the school
authorities or head of organization and shall only
be temovedJrom its posting three (3) days after
the conduct , of .the initiation rites (R.A. No.
11053, Sec. 4 amending R.A. No. 8049, Sec. 2).
. Sec. ·3 of ~.A. No. 11053 expanded the scope of
RA,, Ncf 80,49 by prohibiting the following:
· 1: • Afl , form~ of hazing shall be prohibited in
f.r~teri),iti~s. sororities, _ and organizations in
schools, including citizens' military training and
citizens' army training;
2. This prohibition shall.-likewise apply to all other
fraternities, sororities, and organizations that are
not school-based, such as community-based
and other similar fraternities, sororities and
organizations; and
NOTE: Physical, mental, and practices to
determine and enhance the physical, mental,
and psychological fitness of prospective regular
members of the AFP and the PNP as approved
by · the Secretary of National Defense and
National Police Commission, duly
recommended by the Chief of Staff of the AFP
and Director General of the PNP, shall not be
considered as hazing purposes of this Act;
Provided, further, That the exemption provided
herein shall likewise apply to similar procedures
and practices approved by the respective heads
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of other uniformed learning institutions as to their
prospective members, nor shall this provision
apply to any customary athletic events or other
similar contests or competitions or any activity or
conduct that furthers a legal and legitimate
objective, subject to prior submission of a
medical clearance or certificate.
3. In no case shall hazing be made a requirement
for employment in any business or corporation.
PUNISHABLE ACTS (Sec. 4): (PFAC) .
1. farticipation in the hazing;
2. failure to prevent the hazing from occurring
despite actual knowledge thereof;
3. Actual planning of the hazing; and
4. ~ooperation in carrying out the hazing by
inducing the victim to be present thereat (R.A.
No. 8049, Sec. 4).
NOTE: The consent of the victim to be injured shall
. not be a defense in hazing. The very act of inflicting
physical or psychological pain is a punishable act.
Death is just an aggravating circumstance (If
CAMPANILLA, Reviewer, supra at 404).
Violations of the Anti-Hazing Law ,re inala
prohibita
The study of the provisions of R.A. 8049 shows No.
that, on paper, it is complete and robust in per,,alizing
the crime of hazing. It was made ma/um
prohibitum to discount criminal intent and ,disallow
the defense of good faith (Dungo v. People, G.R
No. 209464, July 1, 2015).
Since hazing is a ma/um prohibitum offense the law
provides that any person charged with thes~Id crime
shall not be entitled to the mitigating 9ircumstance
that there was no intention to commit so grave a
wrong. Also, the framers of the law intended thiltthe
consent of the victim shall not be a defense in hazing
(Dungo v. People, G.R. No. 209464, July 1, 2015}.
The act of hazing itself is not inherently immoral, but
the law deems the same to be against public policy
and must be prohibited. Accordingly, the existence
of criminal intent is immaterial in the crime of hazing.
Also, the defense of good faith cannot be raised in
its prosecution (Dungo v. People, G.R. No. 209464,
July 1, 2015). · f. The farents if the hazing is held in the home
PERSONS LIABLE (Sec. 14, R.A. No.
11053):
1. Principals: (P2AK-OP}
a. All persons who actually ·ffanned or
participated in the hazing (Par. a and Par.
b(1));
· The incumbent officers of the fraternity,
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sorority, or organization concerned shall be
jointly liable with those members who
actually participated in the hazing.
b. All persons who are actually fresent during
the hazing (Par. b(2), Par. b (4) and Par. b
. (6));
NOTE: The presence of any person during
the hazing is prima facie evidence. of
participation as principal, unless he
prevented the commission of the punishable
acts (R.A. No. 11053, Sec. 14, par. 5). This
provision is unique because a disputable
presumption arises from the mere presence
of the offender during the hazing, which can
be rebutted by proving that the accused took
steps to prevent the commission of the
hazing.
Generally, mere presence at the scene of
the crime does not in itself amount to
:;;, conspiracy. Exceptionally, under R.A. No.
. ; .. 8049, the participation of the offenders in the
(it''<,>;:,'....crirrJipal conspiracy can be proven by
'i: >:.:t;L;::,,
::tt)e 11f;{ma facie evidence due to their
-~ei)ce during the hazing, unless they
prevej,ted ttie commission of the acts
the.tfeip'({Jungo v. People, G.R. No. 209464,
July 1, 2015).
c. The Sdviser of a FSO who is present during
; hd failed to take action to
same from occurring or failed to
promptly report the same to the law
enforcement authorities if such adviser or
iser or advisers can do so without peril to
t person or their family (Par. b (3));
d. Officers or members of the FSO who
Knowingly cooperated in carrying out the
hazing by inducing the victim to be present
thereat (Par. b (5));
e. The Owner or lessee of the place where
nazing is conducted when he has actual
knowledge of the hazing conducted therein
but failed to take any action to prevent the
same from occurring or failed to promptly
report the same to the law enforcement
authorities if they can do so without peril to
their person or their}amily (Par. 2);
of one of the officers or members of the FSO
when they have actual knowledge of the
hazing conducted therein but failed to take
any action to prevent the same from
occurring or failed to promptly report the
same to the law enforcement authorities if
such parents can do so without peril to their ·
person or their family (Par. 3).
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2. Accomplices
The school authorities including faculty
members and barangay, municipal, or city
officials shall be liable as an accomplice and
likewise be held administratively accountable for
hazing conducted by the fraternities, sororities,
other organizations, if it can be shown that the
school or barangay, municipal, or city officials
allowed or consented to the conduct of hazing,
but such officials failed to take any ·action to
prevent the same from occurring or· failed to
promptly report to the law enforcement
authorities if the same can be done without peril
to their person or their family.
NOTE: Any person charged under this act shall
not be entitled to the mitigating circumstances
that there was no intention to commit so grave a
wrong (Sec. 14).
Any conviction by final judgment -sh~II be
reflected on the scholastic recor<:j,personal,•or
employment record of the person convicted,
regardless of when the judgment conviction has
become final (Sec. 14). - · Protectorl()oddl~r
.. . his/her influence, power or position in shielding,
COMPREHENSIVE·••
DANGEROUS DRUGS ACT
OF 2002
REPUBLIC ACT NO._91.t>5,
AS AMENDED BY
REPUBLIC ACT NO. 10640
·..
.
Approved on:
R.A. No. 9165- Jurie 07, 2002
R.A. No. 10640 - July 15, 2014
Effectivity Date:
R.A. No. 9165 - July 4, 2002
R.A. No. 10640 - July 22, 2014
Topics related to: R.A. No. 9165 repealed Title 5
(Crimes Relative to Opium and Other Prohibited
Drugs) of the RPG
DEFINITION OF TERMS (Sec. 3)
Controlled Precursors and Essential Chemicals
(CPIEC)
Include those listed in Tables I and II of the 1988 UN
Convention against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances (Par. h).
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Criminal Law
Dangerous Drugs (DD)
Include those listed in the Schedules annexed to the
1961 Single Convention on ·Narcotic Drugs, as
amended by the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on
Psychotropic Substances (Par. j).
Den, Dive or Resort
.A place where any dangerous drug and/or controlled
precursor and essential. chemical is administered,
delivered, stored for illegal purposes, distributed,
sold or used in any form (Par. I).
Drug Syndicate
Any organized group of two (2) or more persons
forming or joining together with the intention of
committing any offense prescribed under this Act
(Par. o).
FJnancier
Any p~rso,riwho pays for, raises or supplies money
for, qr unde,rwrites any of the illegal activities
prescribed under this Act (Par. q).
Any person whd knowingly and willfully consents to
the unlaWful apts provided for.in this Act and uses
harboring, screening,; qr facilitating the escape of
any person he/she knows, or has reasonable
grounds to .believe; Or•.. suspects, has violated the
provis\ons o.f this Act in; order to prevent the arrest,
prosecution and conviction of the violator (Par. ee).
Pusher
Any person, who sells, trades, administers,
dispenses, delivers; or gives away to another, on any
terms ·whatsoe,ver, or distributes, dispatches in
franslfor;transports dangerous drugs or who acts as
at broke~ in any of such transactions, in violation of
this Acf(Par. ff).
Chain of Custody
The duly recorded authorized movements and
custody of seized drugs or controlled chemicals or
plant sources of dangerous drugs or laboratory
equipment of each stage, from the time of
seizure/confiscation, to receipt in the forensic
laboratory, to safekeeping, to presentation in court
for destruction. Such record of movements and
custody of seized item shall include the identity and
signature of the person who held temporary custody
of the seized item, the date and time when such
transfer of custody were made in the course of
safekeeping and use in court as evidence, and the
final disposition (Dangerous Drugs Board Resolution
No. 1, Series of 2002, implementing R.A. /\lo. 9165,
Sec. 1, Par. b).
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ACTS PUNISHABLE UNDER SEC. 5 OF
· R.A. NO. 9165: (ST2AD3T)
1. §.ale of DD and/or CP/EC;
. his/her knowledge, by injection, inhalation,
ELEMENTS O.F ILLEGAL SALE: (ID)
a. The !dentity of the buyer and the seller; the
object and the consideration of the sale· and
b. The Qelivery of the thing sold and' the
payment therefor (People v. Manabat, G.R.
No. 242947, July 17, 2019).
The commission of the offense of illegal sale of
pr(l)hibited drugs requires merely the
consummation of the selling transaction, which
happens the moment t7he buyer receives the
drug from the seller. Thus, what is material to a
prosecution for illegal sale of dangerous drugs is
proof that the illicit transaction took place
coupled with the presentation in court of the
corpus delicti drug as evidence (People v.
Villahermosa, G.R. No. 186465, June 2, 2011).
The crime of illegal sale of dangerous drugs
necessarily includes the crime of illegal
possession to dangerous drugs (People v.
Maongco, G.R. No. 196966, October 23, 2013).
NOTE: In order to sustain a conviction for selling
prohibited drugs, the element of sale must be
unequivocally established. What the · law
proscribes is not only the act of selling but also
the act of delivering. What is important isthat the
poseur-buyer received the drugs .from tile
accused (People v. Ponferada, G.R. No.
101004, March 17, 1993). · knowledge on the part of the one delivering that
The presentation of buy-t?ust money is not
indispensable to the prosecution of a drug case
(People v. Eugenio, G.R. No. 146805, January
16, 2003).
While the Court has also had occasion to .hold
that presentation of the buy-bust money, as a
lone defect, is not indispensable to the
prosecution of a drug case, again it raises
doubts regarding the regularity of the buy-bust
operation (People v. Martin, G.R. No. 193234,
October 19, 2011).
2. Irading
· Transactions involving the illegal trafficking
of dangerous drugs and/or controlled precursors
and essential chemicals using electronic devices
such as, but not limited to, text messages, email,
mobile or landlines, two-way radios, internet,
instant messengers and chat rooms or acting as
a broker in any of such transactions whether for
money or any other consideration in violation of
this Act (Sec. 3, Par. jj). ·
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3. Administration
~ Any act of introducing any dangerous drug
into the body of any person, with or without
ingestion or other means, or of committing any
act of indispensable assistance to a person in
administering ·a dangerous drug to
himself/herself unless administered by a duly
licensed practitioner for purposes of medication
(Sec. 3, Par. a).
4. Dispensation
Any act of giving away, selling or distributing
medicine or any dangerous drug with or without
the use of prescription (Sec. 3, Par. m).
5. Delivery
- Any act of knowingly passing a dangerous
drug to another, personally or otherwise, and by
any means, with or without consideration (Sec.
3, Par. k). ·
As for the illegal delivery of dangerous drugs, it
Jf !]1UStb~;;P[OVen that:
&: ;~~~'I;;,~cused passed on possession of a
dang~rous drug to another, personally or
otherwi~e. and by any means;
b. Such delivery is not authorized by law; and
c. The accused knowingly made the delivery
(People I>\ Maongco, G.R. No. 196966,
, ,Qc{qJler g},.2013).
>· ••• ❖• •••• ~ ,., ••••• • ·,. ••
<-·;; /;;·,. 0')).\2 ?<'>:.)
NOTE: ··'Delivery necessarily involves the
he is delivering is dangerous drugs. If there
'·""'''"'"''""'ist;:;nn:~Idence to show this knowledge, accused
w, I be acquitted (BOADO, supra at 561).
6. Distribution of DD and/or CP/EC; and
7. Iransportation of DD and/or CP/EC.
Maximum penalty shall be imposed:
1. If the illegal activities transpire within one
hundred (100) meters from the school;
2. If the victim of the offense is a minor or a
mentally incapacitated individual, or should a
dang~rous drug and/or a controlled precursor
and essential chemical involved in any offense
herein provided be the proximate cause of
death of a victim thereof;
3 .. To any person who organizes, manages or acts
as a "financier" of any of the illegal activities
(R.A. No. 9165, Sec. 5).
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PUNISHABLE ACT UNDER SEC. 11 OF
R.A. NO. 9165
Possession of Dangerous Drugs
ELEMENTS OF ILLEGAL POSSESSION: (PINC)
1. The accused is in f_ossession of an item or
object, which is !dentified to be prohibited or
regulated drug;
2. Such possession is !fat authorized by law; and
3. The accused freely and 9_onsciously possessed
the drug (People v. Trinidad, G.R. No. 199898,
September3, 2014).
.NOTE: Constructive possession exists when the
drug is under the dominion and control of the
accused or when he has the right to exercise
dominion and control over the place where it is
found. Exclusive possession or control is not
necessary. The accused cannot avoid conviction if,
his right to exercise control and dominion over the
place where the contraband is located, is s·hared,with
another (People v. Trinidad, G.R. No. 199898,
September 3, 2014).
The Supreme Court ruled that possession of
marijuana and shabu are two· ··diffl:!rent· crimes,
despite being committed at the same time and in the
same place (People vs. Tira, G.R. No. 139615, May
28, 2004). . .
PUNISHABLE ACT UNDER SEC. 15 OF
R.A. NO. 9165
Use of Dangerous Drugs
Illegal use of dangerous drugs is c6Q1mitted by. a
person apprehended or arrestee;!,who is,,foundto be·
positive for use of any dangerous drug,. after a ·
confirmatory test. ·· ·
NOTE: This Section shall not be applicabl~ where
the person tested is also found to have in his/ner
possession such quantity of any dangerous drug
provided for under Section 11 of this Act, in which
case the provisions stated therein shall apply.
RULES ON POSSESSION, SALE AND
USE OF PROHIBITED DRUGS AND/OR
PARAPHERNALIA:
1. When the seller is apprehended, the quantity he
is possessing must be equal to that being sold
by him. If so, it will be illega~ sale only,
possession being absorbed by the sale. But if
the quantity possessed by him is greater than
the quantity negotiated, he is still liable for illegal
possession equal to the excess amount.
2. Possession of instruments for administering
drugs is punished separately. But if possession
of pipe is when he is smoking the same,
possession of pipe is absorbed. If he is found
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Criminal Law
possessing the pipe and opium and he is not
smoking, two crimes are committed: illegal
possession of opium and illegal possession of
opium pipe.
3. An offender who is tested positive for use and is
found to be in possession of any quantity of
dangerous drugs shall be punished · for
possession only (Sec. 11, in relation to Sec. 15).
OTHER PUNISHABLE ACTS UNDER R.A.
NO. 9165:
1. Importation of DD and/or CP/EC (Sec. 4);
2. Maintenance of a den, dive or resort (Sec. 6).
3. Employment in and visiting a den, diye or resort;
NOTE: The violator must be aware of the nature
of the place as such, and in case of the visitor,
he must also knowingly visit the same (Sec. 7).
4. Manufacture of DD and/or CP/EC (Sec. 8);
5.. Illegal ct,emical 9iversion of CP/EC (Sec. 9);
. 6. · Manufacture or delivery of equipment,
instrumen,t, apparatus and other paraphernalia
, ... fpr DO anct/br CP/EC (Sec. 10);
7. Possessior;t.ofiquipment, instrument, apparatus
and other. parapti~rnalia for DD;
NOTE: The possession of such equipment,
instrument, apparatus, and other paraphernalia
fit or inter;tded.. ·for any of the purposes
ern.im~ratedr in Sec. 11 shall be prima
facie evidenc;a..that;.the possessor has smoked,
consumed,· administered to himself/herself,
injected, ingested; or used a dangerous drug
and sh~f be pre§lumed to have violated Sec. 15
. of thisAct (Sec/ 12).
8.' Pqssessi9n of DD during •parties, social
g~therings or meetings or in the proximate
company of at least 2 persons (Sec. 13);
9. Possession of equipment, instrument, apparatus
and other paraphernalia for DD during parties,
social gatherings or meetings or in the proximate
company of at least 2 persons (Sec. 14);
10. Cultivation or culture of plants classified as DD
or are sources thereof (Sec. 16);
11. Failure to maintain and keep records of
transactions on DD and/or CP/EC (Sec. 17);
12. Unnecessary.prescription of DD (Sec. 18); and
13. Unlawful prescription of DD (Sec. 19).
CHAIN OF CUSTODY RULE (Sec. 21,
R.A. No. 9165, as amended by RA No.
10€$40):(PPS-CeFOBS-SPT)
The following steps are taken in the chain of custody
of confiscated, seized or surrendered Dangerous
Drugs, Paraphernalia:
1. fhysical inventory and fhotograph of the items
seized in the presence of the accused or the
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person/s from whom such items were
confiscated and/or · seized, or his/her
representative or counsel, with an elected public
official and a representative of the National
Prosec.ution Service or the media who shall be
required to sign the copies of the inventory and
be given a copy thereof;
NOTE: The physical inventory and photograph
shall be conducted at the place where the
search warrant is served; or at the nearest police
station or at the nearest office of the
apprehending officer/team, whichever is
practicable, in case of warrantless seizures;
2. §.ubmit the· items seized within 24 hours to the
PDEA Forensic Laboratory for a qualitative and
quantitative examination;
3. Certification of the results of the laboratory
examination within 24 hours from the receipt of
the subject items. When the volume of the
subject does not allow the completion of the
examination within 24 hours, a partial laboratory
report shall be issued, and a final certification
shall be issued immediately upon completion of
the said examination and certification;
4. filing of the criminal case in court;
5. Ocular inspection by the Court of the subject
seized, confiscated or surrendered; . 14, 2018).
6. Within the next 24 hours, the !urning or
destroying of the items in the presence of the
accused or his counsel, reptesentative from the
media, DOJ, civil society, and any elected public
official;
7. §.worn certification of the burning or disposal is
issued by the DOB;
8. §.ubmission of the sworn certificate of
destruction or burning to the court;
9. After promulgation ofjudgment by the court, the
representative sample, with leave of court, shall
be turned over to the .e_DEAwhich shall destroy
the same within 24 hours from its receipt; and
1O. The DOB shall be informed of the Iermination of
the case.
RULES ON PROCEDURAL LAPSES:
1. Minor Lapses
Failure of the apprehending team to strictly
comply with the procedure laid out in Section 21
of RA 9165 and the IRR does not ipso facto
render the seizure and custody over the items as
void and invalid. In this case, the' lapses
committed by the police officers were left
unacknowledged-and unexplained by the State
(People v. Lim, G.R. No. 223556, October 9,
2017).
It bears emphasis that the rule that strict
adherence to the 11_1andatoryrequirements of
Section 21(1) of R.A. No. 9165, as amended,
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437
and its IRR may be excused as long as the
integrity and the evidentiary value of the
Confiscated items are properly preserved applies
not just on arrest and/or seizure by reason of a
legitimate buy-bust operation but also on those
lawfully made in air or sea port, detention cell or
natlonal penitentiary, checkpoint, moving
vehicle, local or international
package/parcel/mail, or those by virtue of a
consented search, stop and frisk (Terry search),
search incident to a lawful arrest, or application
of plain view doctrine where time is of the
essence and the arrest and/or seizure is/are not
planned, arranged or scheduled in advance
(People v. Lim, G.R. No. 231989, September 04,
2018). .
RE_ASON:These lapses do not produce serious
doubts on the integrity and identity of the corpus
delicti, especially in allegations of a frame up
(People v. Ancheta, G.R. No. 197371, June 13,
2012).
. Twin Conditions to Justify Procedural Lapse:
1. Exis,t~nceof justifiable grounds; and
Pr~ation of the integrity and the
·evide~tiary value of the seized items
(Peopje v. Crispo, G.R. No. 230065, March
2. Gro$ii Lapses
n, case ~f failure to comply with the
.~TSec. 21 in a manner that
compr ·the identity of the items seized,
which is the corpus delicti of each of the crimes
.p • ;~harged, acquittal is in order (People v Ga-a,
''';'1.:J7f@!.lt Np.
',, . ' ......... ·,..; -~-,
t
222559, June 06, 2018).
REASON: There being "gross, systematic, or
deliberate disregard of the procedural
safeguards" the presumption of regularity of the
performance of official duties is overturned
(People v. Otico, G.R. No. 231133, June 6,
2018J:
. PLEA BARGAINING
Sec. 23 of R.A. No. 9165 which prohibits plea
bargaining has been declared unconstitutional for
being in violation of the rule-making power of the
Supreme Court (Estipona vs. Lobrigo, G.R. No.
226679, August 15, 2017).
Pursuant to its rule making power, the Supreme
Court issued OCA Circular 90-2018 on May 4, 2018,
which provides for the Plea Bargaining Framework
for cases under R.A. No. 9165.
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CODEOFCONDUCTAND
ETHICAL STANDARDS FOR
PUBLIC OFFICIALS AND
EMPLOYEES
REPUBLIC ACT NO. 6713
Approved on: February 20, 1989
Effectivity Date: March 25, 1989
PROHIBITED ACTS AND
.TRANSACTIONS (Sec. 7): (FOOS)
1. financial and material interest. - Public officials
and employees shall not, directly or indirectly,
have any financial or material interest in any
transaction requiring the approval of their office,
2. Outside employment and other activities ·related
thereto. - Public officials and employees during
.their incumbency shall not: ·
a. Own, control, manage· of . accept
employment as officer, ..•employee,
consultant, counsel, broker,· agent, trustee
or nominee in any . private enterprise
regulated, supervis~d or licensed by their
office unless expressly allowed by law;
b. Engage in the private practice of their
profession unless authorized ,by the
Constitution or law, provided, t~at such
practice will not coqflicf or tend ·to.conflict
with their official functions; or
c. Recommend any person to any position in a
private enterprise whfch has a, reg'uiar or
pending official transaction with their off~e.
3. Disclosure and/or misuse of cqn(ldential
information. - Public officials an9 einployees · ·'' •· submit sworn statement completely disclosing his or
shall not use or divulge, confidential or classified
information officially known to them by reasen of
their office and not made available to the public,
either:
a. To further their private interests, or give
undue advantage to anyone; or
b. To prejudice the public interest.
4. §.olicitation or acceptance of gifts. - Public
officials and employees shall not solicit or
accept, directly or indirectly, any gift, gratuity,
favor, entertainment, loan or anything of
monetary value from any person in the course of
their official duties or in connection with any
operation being regulated by, or any transaction
which may be affected by the functions of their
office.
Section 7(d) of Republic Act No. 6713 penalizes
both solicitation and acceptance. This is similar
to how Section 3(c) of Republic Act No. 3019
penalizes both the requesting and receiving of
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SPECIALPENALLAWS
Criminal Law
pecuniary or material benefits. In Section 7(d),
the prior or subsequent performance of official
acts is also immaterial (Office of the
Ombudsman v. G.R. Nos. 208481-82, February
07, 2018).
Gifts or grants from foreign governments which
the government consents to (Sec. 7): (NST)
1. The acceptance and retention by a public official
or' employee of a gift of Nominal value tendered
and. received as a souvenir or mark of courtesy;
2. The acceptance by a public official or employee
of a gift in the nature of a §.cholarship or
fellowship grant or medical treatment; or
3. The acceptance by a public official or employee
of !ravel grants or expenses for travel taking
place entirely outside the Philippine (such as
allowances, transportation, food, and lodging) of
more than nominal value if such acceptance is
.?3ppropriateor consistent with the interests of the
Philippines, and permitted by the head of office,
branch oragency to which he belongs .
Public officials and employees have an obligation to .
· accomplish and submit declarations under oath of,
and the public has 'the right to know, their assets,
liabilities, net worth :and financial and business
interests, including, those of their spouses and of
unmarried childreuc1Jndereighteen (18) years of age
living in their households (Sec. 8).
The requir-ementof filing a SALN is enshrined in no
less than the 1987'Co11stitutionin order to promote
transparency in the civil service, and operate as a
deterrent against government officials bent on
enriching themselves through unlawful means. By
·. mandate' of law, .ke., RA 6713, it behooves every
g9y,ernment offil;rial or employee to accomplish and
her assets, liabilities, net worth, and financial and
... t,usifless interests, including those of his/her spouse
· and unmarried children under eighteen (18) years of
age living in their households, in order to suppress
any questionable accumt1lation of wealth because
the latter usually results from non-disclosure of such
· matters (Daplas v. Department of Finance, G.R. No.
221153, April 17, 2017).
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ANTI-GRAFr AND CORRUPT
PRACTICES ACT
REPUBLIC ACT NO. 3019,
ASAMENDED
Approved on:
R.A. No. 3019 - August 17, 1960, as amended by
R.A. No. 3047, P.O. No. 677, P.O. No. 1288, B.P.
Big. 195, R.A. No. 6713, and R.A. No. 10910
Effectivity Date: August 17, 1960
Topic related to: Crimes committed by Public
Officers
Policy Behind the Law
R.A. No. 3019 was enacted to deter public officials
and employees from committing acts of dishonesty
and improve the tone of morality in public service. If
was declared to be the state policy "in line with the
principle that a public office is a public trust, to
repress certain acts of public officers and private
persons alike which constitute graft or corrupt .
practices or which may lead thereto (Morfe v. Mutuc,
G.R. No. L-20387, January 31, 1968). ·
Construction of Anti-Graft and Corrupt Practices
Act
Every reasonable intendment .. will be made in
support of the presumption of regularity of official
acts, in case of doubt as to an officer's act being
lawful or unlawful, construction should be in favor of
its lawfulness (Bustillo v. People, G.R. No. 160718,
May 12, 2010).
DEFINITION OF TERMS (Sec. 2)
Public Officer
It includes elective and appointive officials and
employees, permanent or temporary, whether in the
classified or unclassified or exempt service receiving
compensation, even nominal, from the government
(Par. b).
Receiving·Any Gift
It includes the act of accepting directly or indirectly a
gift from a person other than a member of the public
officer's immediate family, in behalf of himself orof
any member of his family or relative within the fourt~
civil degree, either by consanguinity or affinity, even
on the occasion of a family celebration or national
festivity like Christmas, if the value of the gift is under·
the circumstances manifestly excessive (Par. c).
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CORRUPT PRACTICES OF PUBLIC
OFFICIALS (Sec. 3): (VG-PEUN-D12 LD)
· The following corrupt practices are in addition to acts
or omissions of public officers already penalized by
existing law:
1. 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 (Par. a);
NOTE: Requesting or receiving any gift, present,
or benefit is not required in this provision
(REYES, Book Two, supra at 473). Sec. 3 (a)
requires deliberate intent on part of the public
official concerned to violate those rules and
regulations referred therein (Reyes v. Atienza,
G.R. No. 152243, September 23, 2005).
ELEMENTS: (PAV)
The offender is a fublic officer;
The<: offender persuades, induces, or
'':ln~~ces Another public officer to perform
an achor the offender allows himself to be
persu~(jed, induced, or influenced to commit
anad; and
c. The att performed by tile other public officer
ot cornmitt€d by the offender constitutes a
•¥t~ ' f?''*rules and regulations duly
·p{ · . .ict·by competent authority or an
offense in connection with the official duty of
the latter (Ampil v: Office of the
Ombudsman, G.R. No. 192685, July 31,
:,;.2Q..1t3).
PERSONS LIABLE:
a. Public officer who persuades, induces, or
influences another public officer; and
b. Public officer who is persuaded, induced, or
influenced (I CAMPANILLA, Reviewer,
supra at 160-161).
2. Directly or indirectly requesting or receiving any
Gift, present, share, percentage, or benefit, for
himself or for any other person, in connection
with any contract or transaction between the
government and any other party, wherein the
public officer in his official capacity has to
intervene under the law (Par. b);
ELEMENTS: (ORB-CR)
a. The Offender is a public officer;
b. Who _Bequestedor received a gift, a present,
a share, a percentage, or benefit;
c. On _~ehalf of the offender or any other
person;
d. ln ~onnection with a contract or transaction
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with the government; and
e. In which the public officer, in an official
capacity under the law, has the Bight to
intervene (Garcia v. Sandiganbayan, G.R.
No. 155574, November 20, 2006).
NOTE: The lack of "demand" is immaterial. After
all, Sec. 3 (b) of R.A. No. 3019 uses the word
"or" between requesting and receiving (Peligrino
v. People, G.R. No. 136266, August 13, 2001).
There must be a clear intention on the part of
the public officer to take the gift so offered and
consider it as his/her own property from then on.
Mere physical receipt unaccompanied by any
other sign, circumstance, or act to show
acceptance is not sufficient to lead the court to
conclude that the crime has been committed
(Peligrino v. People, G.R. 136266, August 13,
2001).
3. Directly or indirectly requesting or receiving any
gift, present or other pecu~iary ,<>r;material ' ·
benefit, ·for himself or for anpther/ from any
person for whom the put>iic offi~er,.in 'any.
manner or capacity has securffd 9fobtained, or
will secure or obtain, any gover'f\rilent fermit or
license, in consideration for theehelp given or.to
be given, without prejudice to'~c. 13 of this Act
(Par. c);
ELEMENTS: (PSe-HeRe) . .. . .. .
a
a. That the offender is Publicofficer:
b. That in any manner -br capacity he has
Secured or obtained, or wo1,1ldsecure or
obtain, for a person ariy government permit
or license; · ···
c. That he requested or received the.,gift,
present or other pecuniary, or' material
benefit in consideration for Heipcgiyenor to
be given; and · .·judgment or negligence; it imputes a dishonest
d. That he directly or indirectly Requested or·
received from said person any gift, present
or other pecuniary or material benefit for
himself or for another (Tecson v.
Sandiganbayan, G.R. No. 123045,
November 16, 1999).
4. Accepting or having any member of his family
accept .!;_mploymentin a private enterprise which
has pending official business with him during the
pendency thereof or within one ( 1) year after its
termination (Par. d);
NOTE: Brother-in-law falls within the definition
of family under Sec. 3(d) thereof (Valera v.
Office of the Ombudsman, G.R. No. 167278,
February 27, 2008).
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SPECIALPENALLAWS
Criminal Law
5. Causing any Y,ndue injury to any party, including
the government, or giving any private party any
unwarranted benefits, advantage or preference
in the discharge of his official, administrative or
judicial functions through manifest partiality,
evident bad faith or gross inexcusable
negligence. This provision shall apply to officers
and employees of offices or Government
corporations charged with the grant of licenses
or permits or other concessions (Par. e);
ELEMENTS: (P2 U2 A)
a. That the accused are fublic officers or
private persons charged in conspiracy with
them;
b. That said public officers committed the
frohibited acts during the performance of
their official duties or in relation to their
public positions;
· c. That they caused Y,ndue injury to any party,
,whether the Government or a private party;
d/ That ..such injury was caused by giving
!lnwarf8:nted benefits, advantage or
· • pref~Emce to such parties; and
· e,, ThatJhe.pOblic officers ,Acted with manifest
part~lity, · evident · bad faith or gross
lnexc&tsable :negligence (Dela Chica v.
Sandigahbayar,, G.R. No. 144823,
Decemhe.r 8; 2Q03).
Manifest partiality exists when the accused has
.a ;<clear, notoriou$, or plain . inclination or
proollection to.,favor one side or one person
.·rather thaOanother. It is synonymous with "bias"
Which e~ites a ;disposition to see and report
matters"as they, are wished for rather than as
they,are (Reyes v. People, G.R. No. 177105-06,
...,Augusf4,.2010).
Bad,faith does not simply connote bad
purposi3 or some moral obliquity and conscious
doing of a wrong; a breach of sworn duty through
some motive or intent or ill will; it partakes of the ·
nature of fraud (Sison v. People, G.R. Nos.
170339, 170398-403, March 9, 2010).
Gross negligence has been so defined as
negligence characterized by the want of even
slight care, acting or omitting to act in a situation
where there is a duty to act, not inadvertently but
willfully and intentionally with a conscious
indifference to consequences in so far as other
persons may be affected (Sison v. People, G.R.
Nos. 170339, 170398-403, March 9, 2010). In
cases involving public officials, there is gross
negligence when a breach of duty is flagrant and
, palpable (Quibal v. Sandiganbayan, G.R.
109991, May 22, 1995).
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NOTE: If the act wa~ committed with malice, the
crime committed may be Malicious Delay in the
Administration of Justice.
There are two (2) ways by which a public official
violates Sec. 3 (e) of R.A. No. 3019 in the
performance of his functions, namely: (a) by
causing undue injury to any party, including the
Government; or (b) by giving any private party
any unwarranted benefits, advantage or
preference. The accus~d may be charged under
either mode or under both (Cabrera v.
Sandiganbayan, G.R. No. 162314-17, October
25, 2004). This does not however indicate that
each mode constitutes a distinct offense, but
rather, that an accused may be charged under
either · mode or under both (Bautista v.
Sandiganbayan, G.R. No. 136082, May 12,
2000).
The last sentence of Sec. 3 (e) is intended to
make clear the inclusion of officers and
employees of offices or government
corporations which, under the ordinary concept
of "public officer'' may not come within the term.
It is a strained construction of the provision to
read it as applying exclusively to public officers
charged with the duty of granting license or
permits or other concessions (fvfejorada v. ·
Sandiganbayan, G.R. Nos. L-51065-72, June
30, 1987). .. . Liab~ty of a Private Person upon Allegation
6. Neglecting or refusing, after due demand or
request, without sufficient ju~tification, -to act
within reasonable time on any matter pending
before him for the purpose of obtaining, directly
or indirectly, from any person interested ·in the
matter some pecuniary or materialbenefit or
advantage, or for the purpose of favorin,g his
own interest or giving undue advantage,infavor
of or discriminating against any other interested
party (Par. f).
ELEMENTS: (PORN)
a. The offender is a fublic officer;
b. Such failure to act is for the purpose of
Obtaining, directly or indirectly, from any
person interested in the matter some
pecuniary or material benefit or advantage
in favor of an interested party, or
discriminating against another interested
party;
c. Reasonable time -has elapsed from such
demand or request without the public officer
having acted on the matter pending before
him; and
d. The said officer has Neglected or has
refused to act without sufficient justification
after due demand or request has been made
on him (Salvacion v. Sandiganbayan, G.R.
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No. 175006, November 27, 2008).
NOTE: Neglect or delay of public .function
must be accompanied by .a demand
impliedly or expressly of any benefit or
consideration for himself or another. In the
absence of such demand, the officer shall be
merely administratively liable (BOADO,
SPL, supra at 576).
7. Entering on behalf of the Government, into any
contract or transaction manifestly and grossly
Qisadvantageous to the same, whether or not
the public officer profited or will profit thereby
(Par. g);
ELEMENTS: (PED)
a. That the accused is a fublic officer;
b. That he 5ntered into a contract or
transaction on behalf of the government;
and
c. That such contract or transaction is grossly
and manifestly Qisadvantageous to the
government (Braza v. Sandiganbayan, G.R.
No. 195032, February 20, 2013).
lt:isnot necessary that the public officer
1 Jr will profit from the contract or
transactiqi.{Marcos v. Sandiganbayan, G.R. No.
126995; Qctpber 6, 1998).
of C.<:>nspjracy,
If M_~ation of conspiracy, a private
pers6 · At)e held liable together with the
public officer, in consonance with the avowed
t:Policy of the Anti-Graft and Corrupt Practices Act
;~~p .i:;;"to repress certain acts·of public officers
··<''aitcfprtvate persons alike which may constitute
graft or corrupt practices or which may lead
thereto (Guy v. People, G.R. 166794-96, March
20, 2009).
The requirement before a private person may be
indicted for violation of Section 3(g) of R.A. No.
3019, among others, is that such private person
must be alleged to have acted in conspiracy with
a public officer. The law, however, does not
require that such person must, in all instances,
be indicted together with the public officer. If
circumstances exist where the public officer may
no longer be charged in court, as in the present
case where the public officer has already died,
the private person may be indicted alone
(People v. Go, G.R. No. 168539, March 25,
2014).
8. Directly or indirectly having financial or
pecuniary !nterest in any business, contract or
transaction in connection with which he
intervenes or takes part in his official capacity, or
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in which he is prohibited by the Constitution or
by any law from having any interest (Par. h);
ELEMENTS (PF-TIP):
a. That the accused is a f_ublic officer;
b. That he has a direct or indirect Financial or
pecuniary interest in any business, contract
or transaction; and
c. He either:
i. Iakes part or !ntervenes in his official
capacity in connection with such
interest; or
ii. Is f_rohibited from having such interest
by the Constitution or by any law (Teves
v. COMELEC, G.R. No. 180363, April
28, 2009).
NOTE: What the law prohibits is the actual
intervention by a public official in a transaction in
which he has a financial or pecuniary interest, for
the law aims to prevent the domin.~nt use of
influen_ce, authority and. power.· (Domingo v.
Sandiganbayan, G.R. Nos. 149175and149406,
October 25, 2005).
9. Directly or indirectly becoming !nforested, for
personal gain, or having rhaterialinterest in any ,
transaction or act requiring thf approval of a
board, panel or group of which,he is a member;
and which exercises discreticm 1nsuch approval,
even if he votes against thefsame or does not
participate in the action of the boarct, committee,
panel or group (Par. i);
NOTE: Interest for personal gain shall l)e
presumed against those public officers
responsible for the approval of manifestly ·
unlawful, inequitable, or irregufa(transacttons or
acts by.the board, panel or group td which they·
belong (Sec. 3, Par. i). . ··
10. Knowingly approving or granting any ,bicense,
permit, privilege or benefit in favor of any person
not qualified for or not legally entitled to such
license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not
qualified or entitled (Par. j).
11. Qivulging valuable information of a confidential
character, acquired by his office or by him on
account of his official position to unauthorized
persons, or releasing such information in
advance of its authorized release date (Par. k).
NOTE: If damage was caused, Revelation of
Secrets by an Officer Is committed (RPG, Art.
229).
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SPECIALPENAL LAWS
Cdminal Law
PROHIBITION ON PRIVATE
INDIVIDUALS (Sec. 4): (AIKI)
1. Taking ,Advantage of family or close personal
relation with public official who has to Intervene
in some business, transaction, application,
request or contract of the government with any
other person, by directly or indirectly requesting
or receiving any present, gift, or material or
pecuniary advantage from such public official.
Family Relation
It includes the spouse or relatives by
consanguinity or affinity in the third civil degree.
Close Personal Relation
It includes close personal friendship, social and
fraternal connections, and professional
employme □t all giving rise to intimacy which
assures free access to such public officer.
2. Kno\J\('ingly!nducing or causing any public official
to coinrriit any of the offenses defined in Sec. 3
· · ofthis Act. ·
NOTE: ,The ·p~rson giving the gift, present,
share, percentage or benefit referred to in
subparagrapns (b),,and (c); or offering or giving
to the public officer the employment mentioned
in subparagrapll (d); or urging the divulging or
untimely re1$ase of the confidential information
referred to in subparagraph (k) of this section
stiall,_toget~er with,the offending public officer,
,be punished under Section nine of this Act and
shali be germaner,tly or temporarily disqualified
· in the discretion of the Court, from transacting
busiriess in anyform with the Government (R.A.
No. 301,~, Sec. 3).
PRO,t-ti"~ITIONON CERTAIN RELATIVES
(Sec. SJ
GENERAL RULE: The spouse or any relative, by
consanguinity or affinity, within the third civil degree,
of the President, the Vice-President Senate
President, or the Speaker of the House of
Representatives of the Philippines is prohibited to
intervene directly or indirectly,· in any business,
transaction, contract or application with the
government.
EXCEPTIONS:
1. Any person who, prior to the assumption of office
of any of those officials to whom he is related,
has been already dealing with the government
along the same line of business;
2. Any transaction, contract or application already
existing or pending at the time of such
assumption of public office;
3. Any application filed by him, the approval 0f
which is not discretionary on the part of the
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official or officials concerned but depends upon
compliance with the requisites provided by law,
or rules or regulations issued pursuant to law;
and
4. Any act lawfully performed in an official capacity
or in the exercise of a profession.
PROHIBITION ON MEMBERS
CONGRESS (Sec. 6)
UNLAWFUL ACTS:
1. Member of Congress: To acquire or receive any
personal pecuniary interest in any specific
, business enterprise which will be directly and
particularly favored or benefited by any law or
resolution authored by him previo~sly appr<?ved
or adopted by the Congress;
2. Any other public officer who recommended the
initiation in Congress of the enactment or
adoption of any law or resolution: To acquire or
receive any such interest during his incumbency;
3. Both member of Congress and public officer: If
he/she has an interest prior to the approval of
such law or · resolution authored or
recommended by him, continues for thirty (30)
days after such approval to retain such interest.
DUTY OF A PUBLIC OFFICER TO FILE
SALN (Sec. 7)
Who: Every public officer
What: True detailed and sworn. statement of assets
and liabilities, including a statement of the amounts
and sources of his income, the a.mount,, of his
personal and family expenses and .the, amount of
income taxes paid for the next preceding calendar
year. · ,::\:iilH;~'t;\~r··
When:
1. Thirty (30) days after assuming office;
2. On or before April 30 of every year, thereafter;
and
3. Thirty (30) days after separation from the service
(R.A. No. 6713, Sec. 6).
Where: Office of the corresponding Department
Head, or in case of a Head of Department or Chief
of an independent office, with the Office of the
President, or in the case of members of the
Congress and the officials and employees thereof,
with the Office of the Secretary of the corresponding
House.
NOTE: Public officers assuming office less than two
(2) months before the end of the calendar year, may
file their statements on or before the fifteenth day of
April following the close of the said calendar year
(R.A. No. 3019, Sec. 7, as amended by R.A. No.
3047, P.O. No. 677, and P.O. No. 1288).
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PRIMA FACIE EVIDENCE OF AND
DISMISSAL DUE TO UNEXPLAINED
WEAL TH (Sec. 8)
A public official who has been found to have
acquired during his incumbency, whether in his
name or the name of other persons, an amount of
property and/or money manifestly out of proportion
OF
to his salary and to his other lawful income shall be
a ground for dismissal or removal.
NOTE: The circumstances hereinabove mentioned
shall constitute valid ground for the administrative
suspension of the public official concerned for an
indefinite period until the investigation wealth is
completed (As amended by B.P. Big. 195, March 16,
1982).
PENALTIES FOR VIOLATION (Sec. 9):
1. Any public officer or private person committing
any of the unlawful acts or omissions
enumerated in Sections 3, 4, 5 and 6 of this Act
shall be punished with imprisonment for not less
than six years and one month. nor more than
.Jifteen J~.~rs, perpetual disqualification from
ftpt.lt)iic ~e. and confiscation or forfeiture in
favof 'tif Jhe Government of any prohibited
interest ,an(j unexplained wealth manifestly out
of proportion to his salary and other lawful
income;
2. Any l)Ubli(: offrcer violating any of the provisions
of ~ction 7ofthis Act sha" be punished by a
fi~;'9f:i~t::1.itfian one thousand pesos nor
more ; than•.·. five thousand pesos, or by
imprisonment not exceeding one year and six
i . ,,.fllonths, or by both such fine and imprisonment,
piscretion of the Court. The violation of
' ·· said section proven in a proper administrative
proceeding shall be sufficient cause for removal
or dismissal of a public officer, even if no criminal
prosecution is instituted against him (As
amended by BP Big. 195, March 16, 1982).
PRESCRIPTION OF OFFENSES (Sec.-11)
Fifteen (15) years, but as per Sec. 1 of RA. No.
10910 which took effect on July 21, 2016, the
prescription period is twenty (20) years.
TERMINATION OF OFFICE (Sec. 12)
No public officer is allowed to resign or retire:
1. Pending investigation, criminal or administrative;
2. Pending a prosecution against him; or
3. Charged with any offense under the Act or under
the provisions of the RPC on Bribery.
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SUSPENSION AND LOSS OF BENEFITS
(Sec. 13)
1. Suspension from Office
Any incumbent public officer against whom
any criminal prosecution under a valid
information under this Act or under Title Seven
Book II of the Revised Penal Code or for any
offense involving fraud upon government or
public funds or property whether as a simple or
as complex offense and in whatever stage of
execution and mode of participation, is pending
in court;
2'.'_ Loss of All Retirement and Gratuity
Benefits Under Any Law
Conviction by final judgement of the above.
NOTE: It is mandatory for the Court to place
under preventive suspension a public offic::er•.
accused before it. Imposition of suspension,
however, is not automatic or sel{-0perath1e. A
pre-condition is the existenoe of ca.valid
information, determined at ..a pre-suspension
hearing. Once a proper determinati6n ..,of the
validity of the information has b~n ,made, it
becomes the ministerial ··duty of the ·Court to
issue the order of preventive suspension
(Segovia v. Sandiganbt1yan; G.R. No. 124067,
March 27, 1998). -
EXCEPTION (Sec. 14)'.
Unsolicited gifts or· presents .of small or insignificant
value offered or given as a mere ordinary token of
gratitude or friendship according to local 'custom or
usage.
Nothing in this Act shall be interpretEld to prejod1c!3
or prohibit the practice of any profession,)awful trade
or occupation by any private person or by an~ public
officer who under the law may legitimately practice
his profession, trade or occupation, during his
incumbency, except where the practice of such
profession, trade or o~cupation involves conspiracy
with any other person or public official to commit any
of th~ violations penalized in this Act.
ANTI-PLUNDER ACT
REPUBLIC ACT NO. 7080,
AS AMENDED BY
R.A. NO. 7659
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SPECIALPENAL.LAWS
· Criminal Law
Approved on: July 12, 1991
Effectivity Clause: This Act shall take effect after
fifteen (15) days from its publication in the Official
Gazette and in a newspaper of general circulation
(R.A. No. 7080, Sec. 9).
Topic related to: Crimes committed by Public
Officers
The Court upheld the validity of the Anti-Plunder Act
and ruled that the void-for-vagueness doctrine does
not apply. Ambiguity, where none exists, cannot be
created by dissecting parts and words in the statute
to furnish support to critics who cavil at the want of
scientific precision in the law. Every provision of the
law should be construed in relation and with
reference to every other part. To be sure, it will take
more than nitpicking to overturn the well-entrenched
presumption of constitutionality ·and validity of the
Plunder Law (Estrada v. Sandiganbayan, G.R. No.
148560, Nov~mber 19, 2001).
PEFrN(TIQN OFTERMS (Sec. 1)
Public Officer
Any person , holding any public office in the
Govern~ent of
the Republic of the Philippines by
virtue o(an appointme11t, election or contract (Par.
a).
Government
Includes: the National Government, and any of its
subdivisions, agencies or instrumentalities, including
government-gwned or -controlled corporations and
their subsidi@ities(P<f'· b).
Person
Any natural or juridical person, unless the context
indicates otherwise (Par. c).
··Ul.igottenWealth
Any asset, property, business enterprise or material
possession of any person within . the purview of
Section Two (2) hereof, acquired by him directly or
indirectly through dummies, nominees, agents,
subordinates and/or business associates by any
combination or series of the following means or
similar schemes: (MRS-MAC)
1. Through Misappropriation, conversion, misuse
or malversation of public funds or raids on the
public treasury;
2. By Receiving, directly or indirectly, any
commission, gift, share, percentage, kickbacks
or any other form of pecuniary benefit from any
person and/or entity in connection with any
government contract/project or by reason of the
office/position; •
3. By obtaining, receiving or accepting, directly or
indirectly, any §hares of stock, equity or any·
other form of interest or participation including
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promise of future employment in any business Series

enterprise or undertaking;
4. By · establishing agricultural, industrial or
commercial Monopolies or other combinations
and/or implementing decrees and orders
intended to benefit particular persons or special
interests;
5. By taking undue Advantage of official position,
authority, relationship, connection or influence to
unjustly enrich himself or themselves at the
expense and to the damage and prejudice of the
Filipino people and the Republic of the
Philippines; or
6. By the illegal or fraudulent ~onveyance or
disposition of assets belonging · to the
government (Par. d).
PLUNDER
Any public officer who, by himself o·r in connivance
with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or
other persons, amasses, accumulates or acquires ill-
gotten wealth through a combination or series of
overt criminal acts as described in Section 1{d)
hereof in the aggregate amount or total value of at
least Fifty million pesos (PS0,000,000.00) shall be
guilty of the crime of plunder and shall be punished
by reclusion perpetua to death. Any person who
participated with the said public officer in the
commission of an offense contributing to the crime
of plunder shall likewise be punished for such
offense (Sec. 2, as amended by Sec. 12 of R.A. No.
7659).
NOTE: These should be committed by a
combination or through a series of acts. There
should be at least two acts otherwise the accused
should be charged with the particular crime
committed and not with plunder (Estrada v.
Sandiganbayan, G.R. No. 148560, November 19,
2001). . .
The conspiracy among the accused to commit the
crime of Plunder is usually an agreement or
connivance to secretly cooperate in doing the
unlawful act (Napoles v. Sandiganbayan, G.R. No.
224162, November07, 2017).
The corpus delicti 'of plunder is the amassment,
accumulation or acquisitjon of ill-gotten wealth
valued at not less than P50,000,000.00. The failure
to establish the corpus delicti should lead to the
dismissal of the criminal prosecution (Arroyo , v.
People, G.R. No. 220598, July 19, 2016).
Combination
It means at least two acts of a different category
(Estrada v. · Sandiganbayan, G.R. No. 148560,
November 19, 2001).
There must be two or more overt -or criminal acts
falling under the same category of enumeration
found in Sec. 1(d) (Estrada v. Sandiganbayan, G.R.,
No. 148560, November 19, 2001). - ·
RULE OF EVIDENCE (Sec. 4)
It shall not be necessary to prove each and every
criminal act done by the accused in furtherance of
the scheme or conspiracy to amass, accumulate or
acquire ill-gotten wealth, it being sufficient to
establish beyond reasonable doubt a pattern of overt
or criminal acts indicative of the overall unlawful
scheme or conspiracy.
Pattern
lt'consists of at least a combination or series of overt
or criminal acts enumerated in subsections (1) to (6)
of Sec. 1(d) of RA No. 7080 (Estrada v.
Sandiganbayan, G.R. No. 148560, November 19,
2001).
PRESCRIPTION OF CRIMES (Sec. 6)
Twenty (20) years
NOTE:/ll:Je.1f'lght
of the State to recover properties
unlawfully aotjuired by public officers from them or
from their nominees or transferees shall not be
barred by; prescription, or laches, or estoppal (2
FESTIN SPL, supra at 94).
PLUN~:11:'A:.~RIME MALUM IN SE
..; The legiSfatl\-2'~claration in RA No. 7659 that
plunder is a heinous offense implies that it is a
1:,._.mfA/umin se. For when the acts punished are
· ···:'lf!l~t~~y)rnmoral or inherently wrong, they are
rh"tifi3'1/{§ii'°'3nd
it does not matter that such acts are
punished _in a special law, especially since in the
case of plunder the predicate crimes are mainly ma/a
in se (Estrada v. Sandiganbayan, G.R. No. 148560,
November 19, 2001).
ANTI-MONEY LAUNDERING
ACTOF2001
REPUBLIC ACT NO. 9160,
AS AMENDED BY
R.A. NOS. 9194, 10365
AND10927
Approved on: .
R.A. No. 9160 - September 29, 2001
R.A. No. 9194- March 7, 2003
R.A. No. 10167 - June 6, 2012
R.A. No. 10365- February 15, 2013

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R.A. No. 10927 - July 14, 2017
Effectivity Clauses:
R.A. No. 9160 - This Act shall take effect fifteen (15)
days after its complete publication in the Official
Gazette or in at least two (2) national newspapers of
general circulation (R.A. No. 9160, Sec. 23).
R.A. No. 9194 - This Act shall take effect fifteen (15)
days after its complete publication in the Official
Gazette or in at least two (2) national newspapers of
general circulation (R.A. No. 9194, Sec. 13).
R.A. No. 10167 - This Act shall take effect fifteen
(15) days after its complete publication in the Official
Gazette or in at least two (2) national newspapers of
general circulation (R.A. No. 10167, Sec. 5).
R.A No. 10365 - This Act shall take effect fifte,,en
(15) days following its publication in at least ~6 (2)
national newspapers of general circulation (RA No.
10365, Sec. 15).
R.A. No. 10927 - This Act shall take. effectfifteen
( 15) days following its publicatiqn i,n the Official
Gazette or in any newspaper of general circulation
(R.A. No. 10927, Sec. 8).
Topic r-elated to: Crimes Against Public Interest
Arts. 195-199 of the RPG and provisions of f>.D.Nos.
483 and 449 are repealed insofar as· tney are
inconsistent with P.D. No. 1602, which provides for
stiffer penalties for violation of.the Gambling Laws.
Money Laundering is a cri{ne whereby . the
proceeds of unlawful activities spepified in the )~W
are transacted or attempted to be 4ransacted · to
make them appear to have originated fromle~itimate
resources (R.A.. No. 9160, Sec. 4). Un1awf~I .
activities also called the predicate crimes are the
offenses which generate dirty money (BOADO, SPL,
supra at 851). ·
DEFINITION OF TERMS (Sec. 3, R.A.
9160, as amended)
Covered Persons (Natural or Juridical):
1. All those supervised and regulated by BSP, such
as banks, non-banks, quasi-banks, trust entities,
foreign exchange dealers, pawnshops, money
changers, remittance and transfe! companies;
2. All those supervised and regulated by the
Insurance Commission, such as insurance
companies and pre-need companies;
3. All those supervised and regulated by the SEC,
such as securities dealers, brokers, salesmen,
investment houses, mutual funds, close-end
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SPECIALPENALLAWS
Criminal Law
investment companies, common trust funds, and
other entities administering or otherwise dealing
in currency, commodities or financial derivative_s;
4. Jewelry dealers in precious metals, who, as a
business, trade in precious metals, for
transactions in·excess of P1,000,000; ·
5. Jewelry dealers in precious stones, who, as a
business, trade in precious stones, for
transactions in excess of P1,000,000;
6. Company service providers which, as a
business, provide any of the following services
to third parties:
a. Acting as a formation agent of juridical
persons;
b. 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
si,:nilar position in relation to other juridical
persons;
..c. E'rovidtng a registered office, business
.address· or accommodation,
correspondence or administrative address
Jar a. compar:iy, a partnership or any other
legal Person or arrangement; and
d, Acting as (brnrranging for another person to
act as) a. nominee shareholder for another
person.
, . ,
7.. Persons who pr~vide any of the following
services:
a. Managing of client money, securities, or
othefassets; .
b. Mqf"lagemeDtof bank, savings, or securities
accounts;,.
.c. Organi~ation of contributions for the
..Creatioh, operation, or management of
. pompanies; and
d. ·creation, operation or management of
juridical persons or arrangements, and
buying and selling ,business entities.
Notwithstanding the foregoing, the term
'covered persons' shall exclude lawyers and
accountants acting as independent legal
professionals in relation to information
concerning their clients or where disclosure of
information would compromise client
confidences or the attorney-client relationship:
Provided, That these lawyers and accountants
are authorized to practice in the Philippines and
shall continue to be subject to the provisions of
their respective codes of conduct and/or
professional responsibility or any of its
amendments (R.A. No. 9160, Sec: 3(a), as
amended further by R.A. No. 10365, Sec. 1).
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MEM:Q~YAID
San Seda UniversityCollege of Law - RGCTBarOperations Center

8. Casinos, including internet and ship-based 7. Any transaction that is similar or ~nalogous to
casinos, with respect to their casino cash any of the foregoing (R.A. No. 9160, Sec. 3(b-1 ),
transactions related to the gaming operations as inserted by R.A. No. 9194, Sec. 2).
(R.A. No. 9160, Sec. 3(a), as amended further
by R.A. No. 10927, Sec. 1). UNLAWFUL ACTIVITIES UNDER AMLA:
Any act or omission or series or combination thereof
Casino involving or having relation to the following:
Refers to a business authorized by the appropriate 1. Kidnapping for ransom;
government agency to engage in gaming operations: 2. Drug offenses;
1. 'Internet-based casinos' shall refer to casinos in 3. Graft and corrupt practices;
which persons participate by the use of remote 4. Plunder; ·
communication facilities such as, but not limited 5. Robbery and extortion;
to, internet, telephone, television, radio or any 6. Jueteng and masiao;
other kind of electronic or other technology for 7. Piracy on the high seas;
facilitating communication; and . 8. Qualified theft;
2. 'Ship-based casino' shall refer to casinos, the 9. Swindling;·
operation of which is undertaken on .board a 10. Smuggling;
vessel, ship, boat or any other water-based craft 11. Electronic commerce crimes;
wholly or partly intended for gambling (R.A. No. 12. Hijacking, destructive arson and murder;
9160, Sec. 3(/), as inserted by R.A. No. 10927, , 13. Terrorism and conspiracy to commit terrorism;
Sec. 3). 14. Financing terrorism;
15. Bribery;
Casino Cash Transaction 16. Frauds and illegal exactions and transactions;
Refers to transactions involving the receipt of cash · ;; t 17. Malversation of public funds and property;
by a casino paid by or on behalf of a customer,_or 'rY:
... l~,,forgeri8'_,and counterfeiting;
transactions involving the payout of cash by a casino
' ' '19: H~ it"fficki ng;
to a customer or to any person in his/her behalf (R.A. 20. Violation Qf Revised Forestry Code;'
No. 9160, Sec. 3(i), as inserted by R.A. Nd. 10927, 21. ViolatioQ c:,fPhilippine Fisheries Code;
Sec. 3). 22. Violation Of ~hilippine Mining Act;
23. Violation ;of Wildlife Resources Conservation
Covered Transaction and l?roteJ;tiort;Act;
It is a transaction in cash or other equivalent 24. ViQliJipo.·.of,JNational _Caves and Caves
monetary instrument involving a total amount in Resoq~:M~gement Protection Act;
excess of P500,000 that is done with the :covered 25. Carnapping:· ·
institution, within 1 banking day; or covered persons 26. Illegal/unlawful possession, manufacture,
under Sec. 3(a)(8), a single casino transaction , . -dealing in, acquisition or disposition of firearms,
involving an amount in excess of P5,000,000 or its , ammunition or explosives (subject to provisions
equivalent in any other currency (R.A. No. 9160, · ofR.A. No. 10591);
Sec. 3(b), as amended by R.A. No. 1092?, Sec. 2). 27. Fencing;
28. Violation of Migrant Workers and Overseas
Suspicious Transaction Filipinos Act;
It is a transaction with covered institutions, 29. Violation of Intellectual Property Code;
regardless of the amount involved, where any of the 30. Violation of Anti-Photo and Video Voyeurism;
following circumstances exist: (O-CAR-PUA) 31. Child pornography;
1. No underlying legal or trade Obligation, purpose 32. Child abuse, exploitation and discrimination;
or economic justification·; 33. Securities fraud; and
2. Client is not properly identified; 34. Felonies or offenses of a similar nature
3. Amount involved is not commensurate with the punishable under the penal laws of other
business or financial capacity of the client; countries (Sec. 3(i), R.A. No. 9160, as amended
4. The client's transaction is structured in order to by R.A. No. 10365, Sec. 2).
avoid being the subject of Reporting
requirements under this Act;
MONEY LAUNDERING OFFENSES (Sec.
5. Any circumstance relating to the transaction
which is observed to deviate from the f rofile of 4, as amended):
the client and/or the client's past transactions 1. Money laundering is committed by any person
with the covered institution; who, knowing that any monetary instrument or
6. Transaction is in any way related to any Y,nlawful property represents, involves, or relates to the
activity or offense under this Acct that is about to proceeds of any unlawful activity: TC2A 2P
be, is being or has been comm.itted; or a. Iransacts said monetary instrument or
property;

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b. fonverts, transfers, disposes of, moves,
acquires, possesses, or uses said monetary
instrument or property;
c. fonceals or disguises the true nature,
source, location, disposition, movement or
ownership of or rights with respect to said
monetary instrument or property;
d. Attempts or conspires to commit money
laundering offenses referred to in
paragraphs (a), (b), or (c);
e. Aids, abets, assists in or counsels the
commission of the money laundering
offenses referred to in paragraphs (a), (b), or
(c) above; and
f. ferforms or fails to perform any act as a
result of which he facilitates the offense of
money laundering referred to in paragraphs
(a), (b), or (c) above.
2. Money laundering is also committed by.Jmy -
covered person who, knowing that a.90vered or
suspicious transaction is required und~r ttils Act
to be reported to the Anti-Mqney .Laimd~ring ·
Council (AMLC), fails to do f;,Q,(RA.rJo:"9160,
Sec. 4, as further amended by R.I\ Mo. 10365,
Sec. 4). . .. · / ..
MALICIOUS REPORTING
Any person who, with malice, ofin bad faith, reports
or file~ a completely unwarranted.or false information
relative to money laundering tra11sactionagainst any
person. The offender is not entifled to 'avatl the
benefits of the Probation Law.' , , \
If the offender is a juridical person, court .m?Y
suspend or revoke its license.
If the offender is an alien, deportation without further
proceedings· after serving the penalties Qrescribed.
If the offender is a public official/employee, peq5etual
or temporary absolute disqualification from office, in
addition to the penalties prescribed (R.A. No. 9160,
Sec. 14(c), as amended by R.A. No. 9194, Sec. 9).
PROSECUTION (SEC. 6)
Under the AMLA, a person can be prosecuted and
punished for both the underlying unlawful activity
and the money laundering offense, and the proceeds
thereof can be confiscated or forfeited in favor of the
government.·
The RTC shall have jurisdiction to try money
laundering cases committed by private individuals,
and public officers not covered by the jurisdiction of
the Sandiganbayan (Rule 5(A), 2016 Revised
Implementing Rules and Regulations of Republic Act
No. 9160, as amended, hereinafter 2016 Revised
/RR). The Sandiganbayan shall have jurisdiction to
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SPECIALPENALLAWS
· Criminal-law
try money laundering cases committed by public
offices under its jurisdiction, and private persons
who are in conspiracy with such public officers (Rule
5 (B),2016, Revised /RR).
NOTE: Criminal record is not an element of the crime
of money laur-idering.In fact, it is not necessary to be
held liable for this crime that the unlawful activity was
committed by the money launderer himself; what is
important is that the accused knows that the money
are proceeds of unlawful activity and despite such
knowledge he transacts them thereby making them
appears that the same originates from a legitimate
source (Ill CAMPANILLA, Special Penal Laws
(2010), p. 176) [hereinafter Ill CAMPANILLA, SPL)).
EFFECT OF THE BANK DEPOSIT
SECRECY LAWS ON THE
. IMPLEMENTATION OF AMLA (SEC. 9)
Wh¢n reporting covered or suspicious transactions
th the Aftti,.Money Laundering Council, covered
jn$titutiods and their officers' and employees are not
deemed•·to have,yiolated the bank deposit secrecy
laws •.
Howevet, th~y are
strictly prohibited from disclosing
such transactions tp anv person in any manner or by
any nieans. Th~ ·v19lation of confidentiality makes
them criminally Ii.able.
PROVISION4L REMEDIES:
1. freeze Or<tel" (R;A. No. 9160 Sec. 10 as
furtherafflendec/iby R.A. No. 10365) .
Uport· a ver~fied ex parte petition by the
AMLC and after determination that probable
cause exists ,that any monetary instrument or
·prpperty is 'in any way related to an unlawful
as
• actiVitY, defined in Section 3(i) hereof, the
Co,urrof Appeals may issue a freeze order which
· shallbe effective immediately, and which shall
not exceed six (6) months depending upon the
circumstances of the case: Provided, That if
there is no case filed against a person whose
account has been frozen within the period
determined by the court, the freeze order shall
be deemed ipso facto lifted: Provided, further,
That this new rule shall not apply to pending
cases in the courts. In any case, the court should
act on the petition to freeze within twenty-four
(24) hours from filing of the petition. · If the
application is filed a day before a nonworking
day, the computation of the twenty-four (24)-
hour period shall exclude the nonworking days.
2. Bank inquiry order (R.A. No. 9160, Sec.
11 as amended by R.A. No. 10167)
The AMLC may inquire into or examine any
particular deposit or investment, including
related accounts, with any banking institution or
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MEM,Q~YAID
San Seda University College of Law - RGCT Bar Opera!iOnS Center
non-bank financial institution upon order of any
competent court based on an ex parte
application in cases of violations of this Act,
when it has been established that there is
probable cause that the deposits or investments,
including related accounts involved, are related
to an unlawful activity as pefined in Section 3(i)
hereof or a money laundering offense under
Section 4 hereof; except that no court order shall
be required in cases involving activities defined
in Section 3(i}(1), (2), and (12) hereof, and
felonies or offenses of a nature similar to those
mentioned in Section 3(i)(1), (2), and (12), which
are Punishable under the penal laws of other
countries, and terrorism and conspiracy to
commit terrorism as defined and penalized
under Republic Act No. 9372."
Section 11 allows AMLC to inquire into bank
accounts without having to obtain a judicial order
in cases where there is probable cause that the
deposits or investments are related to
kidnapping for ransom, certain violations of the
Comprehensive Dangerous Drugs Act of 2002,
hijacking and other violations under R.A. No.
6235, destructive arson and murder (Subido·
Pagente Certeza Mendoza and Binay Law
Offices v. The Court of Appeals, G.R. No.
216914, December06, 2016).
OBSTRUCTION OF JUSTICE
LAW
PRESIDENTIAL DECREE
NO. 1829
Approved on: January 16, 1981
Effectivity Date: January 16, 1981
Topics related to: Persons criminally liable; Degree
of participation.
PUNISHABLE ACTS (Sec. 1)
Any person who knowingly or willfully obstructs,
impedes, frustrates, or delays the apprehension of
suspects, and the investigation and prosecution of
criminal cases by committing any of the following
acts: (PAHPD-MATG)
1. freventing witnesses from testifying in any
criminal proceeding or from reporting the
commission of any offense or the identity of any
offender/s by means · of bribery,
misrepresentation, deceit, intimidation, force, or
threats;
2. Altering, destroying, suppressing, or concealing
any paper, record, document or object, with
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intent to impair its verity, authenticity, legibility,
availability, or admissibility as evidence in any
investigation of or official proceedings in,
criminal cases, or to be used in the investigation
of, or official proceedings in, criminal cases;
3. .!::farboring 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;
4. fublicly 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;
5. Qelaying 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;
6. Making, presenting, or using any record,
document, paper or object with knowledg~ of its
falsity and with intent to affect the course or
outcome of the investigation of, or official
proceed(rigs in, criminal cases;
S<>lii:;;ipJJ,ft:Accepting,
or agreeing to accept any
ben~fit' 'ltl: consideration of abstaining from,
discoun~; or impeding the prosecution of a
criminafoffender;
8. Ihreatening ~irectly or indirectly another with the
infliction of any wrong upon his person, honor or
property or that of any immediate member or
m '., · 'mily in order to prevent such
persor, appearing in the investigation of, or
___ official proceedings in, criminal cases, or
~'·w '.jmposing a condition, whether lawful or unlawful,
. ,i,:iri::,Ufn,~cl1;ir to prevent a person from appearing in
'pv,., "''"ffielnvestigation of or in official proceedings in,
criminal cases; and
9. Giving of false or fabricated information to
mislead or prevent the law , enforcement
agencies from apprehending the offender or
from protecting the life or property of the victim;
or fabricating information from the data gathered
in confidence by investigating authorities for
purposes of background information and not for
publication and publishing or disseminating the
same to mislead the investigator or to the court.
If any of the foregoing acts are committed by a public
official or employee, he shall, in addition to the
penalties provided thereunder, suffer perpetual
disqualification from holding public office (Sec. 2).
NOTE: Public office not an essential element. The
offenses defined in P.O. 1829 may be committed by
any person whether a public officer or a private
citizen, and accordingly public office is not an
element of the offense (Soller v. Sandiganbayan,
G.R. No. 144261-6?, May 9,_2001).
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The fact that the offender is not criminally liable as
accessory under Art. 20 of the RPC does not
absolve him from liability for .his acts punishable
under P.D. No. 1829 (2 FEST/N, SPL, supra at 167).
An accessory under Art. 20 of the RPC is exempt
from criminal liability when the principal is his:
1. Spouse;
2. Ascendant;
3. Descendant; and
4. Legitimate, natural or adopted brother, sister or
relative by affinity within the same degree (Id.).
These benefits are not available in P.O. No. 1829
(Id.).
ANTI-TORTURE ACT
OF2009 , and other stuff or substances not
REPUBLIC ACT NQ~9745
Approved on: November 10,2009 .• ; •.
Effectivity Clause: This Ac~;shall take effect fifteen
(15) days after its publication in.the OfficiafGazette
ot in at least two (2) newspapers o" general
circulation (R.A. No. 9745, $ec.2.7)~
Topic related to: Crimes agai~ithe Functaq,ental
Law of the State
. and stres$'ful bodily position;
DEFINITION OF TERMS (Sec. 3)
Torture . organ or rectum, or electrical torture of
It is an act by which severe pain or suffering, ~ther
physical or mental, is intentionally inflicteo on a
person for such purposes as obtaining from him/her
or a third person information or a confession;.
punishing him/her for an act he/she or a third person
has committed or is suspected of having committed;
or intimidating or coercing him/her or a third person;
or for any reason based on discrimination of any
kind, when such pain or suffering is inflicted by or at
the instigation of or with . the consent
or acquiescence of a person in authority or agent of
,a person in authority. It does not include pain or
buffering arising only from, inherent in or incidental
to lawful sanctions (Par. a).,
Other Cruel, Inhuman and Degrading Treatment
or Punishment
It refers to a deliberate and aggravated treatment or
punishment not enumerated under Section 4 of this
Act, inflicted by a person in authority or agent of a
person in authority against a person under his/her
custody, which attains a level of severity causing
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SPECIAL PENAL LAWS
Criminal Law
suffering, gross humiliation or debasement to the
latter (Par. b).
PUNISHABLE ACTS (Sec. 4)
1. Acts of Torture, which shall include, but not
limited to the following:
a. Physical torture
Is a form of treatment or punishment inflicted
by a person in authority or agent of a person
in authority upon another in his/her custody
that causes severe pain, exhaustion,
disability, or dysfunction of one or more
parts of the body, such as: (SFECS-TRAD-
FEP2O)
i. .§ystematic beating, head banging,
punching, kicking, striking with
truncheon or rifle butt or other Similar
objects, and jumping on the stomach;
ii. food deprivation or forcible feeding with
spoiled food, animal or human excreta,
nqrmally eaten;
iii. Electric shock;
' iv. ~igarette burning; burning by electrically
heated rods, hot oil, acid; by the rubbing
o(pepperor other chemical substances
011:·mucous membranes, or acids or
spices'dire~tlyon the wound(s);.
y. The Submersion of the head in water or
water" polluted with excrement, urine,
vomit, ancl/or blood until the brink of
suffocaJ~on;
·vL · Being J:iedor forced to assume fixed
.. vii. ..Rape a~d sexual abuse, including the
insertion of foreign objects into the sex
. thegenitals;
vHi. Mutilation or Amputation of the essential
· parts of the body such as the genitalia,
ear, tongue, etc.;
ix. Qental torture or the forced extraction of
the teeth;
x. Pulling out of fingernails;
xi. Harmful gxposure to the elements such
as sunlight and extreme cold;
xii. The use of materials like flastic bag and
others placed over the head to the point
of asphyxiation;
xiii. The use of fsychoactive drugs to
change the perception, memory,
alertness, or will of a person, such as
administration of drugs to induce
confession and/or reduce mental
competency; use of drugs to induce
extreme pain or certain symptoms of a
disease; and
xiv. Other analogous qcts of physical tort~re
(Par. a); and
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MEM:O~YAID. .
San Seda UniV003ityCollege of Law - RGCT Bar Operations Center
b. Mental or Psychological Torture
acts committed by a person in authority or
agent of a person in authority which are
calculated to affect or confuse the mind
and/or undermine a person's dignity and
morale, such as: (BTS-P 2 UMTD-SCA)
i. .§.lindfolding;
ii. Threatening a person(s) or his/her
relative(s) with bodily harm, execution or
other wrongful acts;
iii. Confinement in solitary cells or §.ecret
detention places;
iv. frolonged-interrogation;
v. Preparing a prisoner for a "show trial",
fublic display or public humiliation of a
detainee or prisoner;
vi. Causing Y,nscheduled transfer of a
person deprived of liberty from one
place to another, creating the belief that
he/she shall be summarily executed;
vii. Maltreating a ·member/s of a person's
family;
viii. Causing the Iorture sessions to be·
witnessed by the person's family; .
relatives or any third party;
ix. Denial of sleep/rest;
x. Shame infliction such as stripping the
person naked, parading oim/her in
public places, shaving the victim's head,
or putting marks on his/her bodtagalnst
his/her will;
xi. Deliberately prohibiting the victim to
Communicate with. any member of
his/her family; and · .
xii. Other analogous •.•· , acts . of
"n'.iental/psychologicaltorture (Pati:b).
2. Other Cruel, Inhuman and J)egradmg
Treatment or Punishment (Sec. 5)
A deliberate and aggravated treatment or
punishment not enumerated under Section 4 of
this Act, inflicted by a person in authority or
agent of a person in authority against another
person in custody, which attains a level of
severity sufficient to cause suffering, gross
humiliation or debasement to the latter.
The assessment of the level of severity shall
depend on all the circumstances of the case,
including the duration of the treatment or
punishment, its physical and mental effects and,
in some cases, the sex. religion. age, and state
of health of the victim.
TORTURE AS A SEPARATE
INDEPENDENT CRIME (Sec. 15)
Torture, as a crime, shall not absorb or shall not be
absorbed by any other crime or felony committed as
a consequence, or as a means in the conduct or
commission thereof. In which case, torture shall be
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treated as a separate and independent criminal act
whose penalties shall be imposable without
prejudice to any other criminal liability provided for
by domestic and international laws.
APPLICABILITY OF THE RPC (Sec. 22)
The provisions of the RPG insofar as they are
applicable shall be suppletory to this Act. If the
commission of any crime punishable as Crimes
Against Persons and as Crimes Against Personal
Liberty and Security of the RPG (Titles 8 and 9) is
attended by any of the acts constituting torture and
other cruel, inhuman, and degrading treatment or
punishment as defined herein, the penalty to be
imposed shall be in its maximum period.
NOTE: Torture is a non-prescriptible offense (/RR,
Sec. 45).
Refouler Rule
No person shall be expelled, returned or extradited
to another State where there are substantial grounds
to believe that he shall be in danger of being
subjected to torture (Sec. 17).
TERRORISM ACT
1 OF 2020
: ACTN0.11479
ut Approved on: July 3, 2020
':;7;;;i~tivity Date: July 22, 2020
;:\i}$'.·?p,3:;::2::
{}ii}, ...,,
't;\ri~~i:ARATION OF POLICY:
1. To protect life, liberty, and property from
terrorism;
2. To condemn terrorism as Inimical and
dangerous to the national security of the country
and to the welfare of the people;
3. To make any form of terrorism a crime against
the Filipino people, against humanity, and
against the law of Nations (Implementing Rules
and Regulations of Republic Act No. 11479,
Rule 2. 1 [hereinafter /RR of R.A. No. 114791).
PUNISHABLE ACTS
ELEMENTS OF THE CRIME OF TERRORISM:
1. Engagement in any of the following acts,
regare:llessof the stage of execution:
AND a. Acts intended to cause death or serious
bodily injury to any person, or endangers a
person's life; .
b. Acts intended to cause extensive damage or
destruction to a government or public
facility, public place or private property;
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c. Acts intended to cause extensive
interference with, damage or destruction to
critical infrastructure;
d. Develops, manufactures, pOSl:lesses,
acquires, transports, supplies or uses
weapons, exclusives or of biological,
nuclear, radiological or chemical weapons;
or
e. Release of dangerous substances, or
causing fire, floods or explosions; and
2. The purpose of engagement in any of the acts
under paragraph (a) by its nature and context, is
to:
a. To intimidate the general public or segment
thereof;
b. Create an atmosphere or spread a message
of fear;
c. To provoke or influence by intimidation the
government or any international
organization; or . :··
d. Seriously destroy the fundam,entaJ pQlitical,
economic, or seriously undermine pµblic
safety (/RR of R.A. No, 1,1479, Rufe 4:·1).
Terrorism as defined in this section.shalf'not include
advocacy, · protest, dissent; stopf).age of work,
industrial or mass action, an9 other ~imilar ex,ercises
of civil and political rights, whiph ·ar~ not intended to
cause death or serious physical harm to a person, to
endanger a person's life, or to create a serious risk
to public safety (R.A. No. 11479, Sec. 4),
Subject to the rule on extraterritorial application, it
shall be unlawful for any person to commit terrori~m
within or outside the Philippines (/RR of R.A. No.
11479, Rule 4.2, Par. 1). · proclamations, writings, emblems, banners or other
Threat to Commit Treason
ihis is committed by any person who shaU threfjten
to commit any acts of terrorism (R.A. 11479:Sec. 5).
There is threat to commit terrorism when an intent to
commit terrorism is communicated by any means to
another person or entity under circumstance which
indicate the credibility of the threat (/RR of R.A. No.
11479, Rule 4.5, Par. 2).
Planning; Training, Preparing and Facilitating
the Commission of Terrorism
It shall be unlawful for any person to participate in
tl:le planning, training, preparation and facilitation in
the commission of terrorism, preparation and
facilitation in the comm1ss1on of terrorism,
preparation and facilitation in the commission of
terrorism, possessing objects connected with the
preparation for the commission of terrorism, or
collecting or making documents connected with the
preparation of terrorism (R.A. No. 11479, Sec. 6).
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Criminal Law
Training shall refer to the giving of instruction or
teaching designed to impart a specific skill in relation
to terrorism as opposed to general knowledge (/RR
of R.A. No. 11479, Rule 4.6).
Conspiracy to Commit Terrorism
There is conspiracy when two (2) or more persons
come to an agreement concerning the commission
of terrorism and decide to commit the same (R.A.
No. 11479, Sec. 7).
Prosecution for this crime shall not be a bar to
prosecution for acts of terrorism defined and
penalized under Section 4 of this Act (/RR of R.A.
No. 11479, Rule 4.7, Par. 3).
Proposal to Commit Terrorism
This is committed by any person who proposes to
commit terrorism as defined in Section 4 (R.A. No.
11479, Sec. 8).
Ttiere is proposal to commit terrorism when a person
wbo ha~Jdecided to commit terrorism proposes its
execution to,some other person or persons (/RR of
R.A. No. 1.1479, RUie 4.8, Par. 2).
Prosecution for this crime shall not be a bar to
prosecution for: acts of terrorism defined and
penalizep undet Section 4 of this Act (/RR of R.A.
No. 11479, Rule4.B, par. 3).
. Inciting to Commit Terrorism
This is committt:?dbfany person who, without taking
any direct part in the commission of terrorism, shall
incite others to the .execution of any of the acts
specified in Section 4 by means of speeches,
representations <ending to the same end (R.A. No.
11479-,,Sec. 9).
In determining 1he existence of reasonable
probability that speeches, proclamations,
writing, emblems, banners, or other
representations would help ensure success in
inciting the commission of terrorism, the
following shall be considered:
1. Context
- .Analysis of the context should place the
speech, proclamations, writings, emblems,
banners, or other representations within the
social and political context prevalent at the time
the same was made and/or disseminated;
2. Speaker/actor
The position of status in the society of the
speaker or actor should be considered,
specifically his or her standing in .the context of
the audience to whom the speech or act is
directed;
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San Seda UniversityCollegeof law - RGCT8';lr OperationsCenter
3. Intent
What is required is advocacy or intent that
others commit terrorism, rather than the ,ere
distribution or circulation of material;
4. Content ahd form
- Content analysis includes the degree ·to
which the speech or act was provocative and
direct, as well as the from, style or nature of
arguments deployed in the speech or the
balance struck between the arguments
deployed;
5. Extent of the speech or act
This includes such elements as the reach of
the speech or act, its public nature, its
magnitude, the means of dissemination used
and the size of its audience; and
6. Causation
Direct causation between the speech or act
and the incitement (!RR of R.A. No. 11479, Rule
4.9, Par. 3).
Recruitment to and Membership in ~ Terrorist
Organization
This is committed by any person who shall recruit
another to participate in, join, commit or support
terrorism or a terrorist individual or any terrorist
organization, association or group of persons
proscribed under Section 26 · bf this Act or
designated by the United Nations Security Co~ncil
as a terrorist organization, or organized '.for the
purpose of engaging in terrorism (R.A 11479, Sec.
10, Par.1).
It is also committed by any person who organizes or
facilitates the travel of individuals to a state other
than their state of residence or nationality for the
purpose of recruitment which may committed
through any of the following means:
1. Recruiting another person to serve in any
capacity in or with an armed force in a foreign
state, whether the armed force forms part of the
armed forces of the government of that foreign
state or otherwise;
2. Publishing an advertisement or propaganda for
the purpose of recruiting persons to serve in any
capacity in or with such an armed force-
3. Publishing an advertisement or propaganda
containing any information relating to the place
at which or the manner in which persons may
make application to serve or obtain information
relating to service in any capacity in or with such
armed force or relating to the manner in which
persons may travel to a foreign state for the
purpose of serving in any capacity in or with such
armed force; or
4. Performing any other act with the intention of
facilitating or promoting the recruitment of
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persons to serve in any capacity in or with such
armed force (R.A 11479, Sec. 10, par.2).
It shall be unlawful for any person to voluntarily and
_knowingly join any organization, association, or
group of persons knowing that such organization
association, or group of person is: . '
a. Proscribed under Section 26 of the Act·
b. Designated by the UNSC as ' terrorist
organization; or
c. Organized for the purpose of engaging in
terrorism as defined in Section 4 of the Act.
Proscription Against Terrorist Organizations,
Who May Be Proscribed
The following shall be proscribed or declared as a
terrorist · and outlawed group of persons
organization, or association by the authorizing
division of the Court of Appeals:
1. Any group of persons, organization, or
assodation which commits any of the acts
defined and penalized under Sections 4, 5, 6, 7,
8, 9, 10, 11, and 12 of the Act; or
2. Any group of persons, organization, or
~ssoci~,~9~ orgc;1_nizedfor the purpose of
'.~~Jntftn terrorism (Rule 7.1, /RR).
Proscription: Against Terrorist Organizations,
Requirements
A group of pers~ns, organization, or association
shall be /proscribed or declared as terrorist and
outlawed by the authorizing division of the Court of
AppeafafJt.44JortGi;satisfaction of the following
requirements:,:•··. ·'
1. Recommendation from the Natio.nalIntelligence
Coordinating Agency (NICA) that said group of
~,0115, organization, or association be
proscribed or declared as terrorist and outlawed·
2. Authority from the Anti-Terrorism Council (ATC)
to cause the filing of an application for
proscription or declaration of said group of
persons, organization, or association as terrorist
and outlawed; ·
· 3. Verified application of the DOJ to proscribe or
declare a group of persons, organization, or
association as terrorist and outlawed, with an
urgent prayer for the issuance of a preliminary
order of proscription; and
4. Due notice and opportunity to be heard given to
the group of persons, organization or
organization. to be declared as terrorist and ·
outlawed (/RR of R.A. No. 11479, Rufe 7.2).
PROCEDURE:
1. The application for proscription shall be filed with
an urgent prayer for the issuance of a
preliminary order of proscription (/RR of R.A. No.
11479, Rule 7.3, Par. 1, /RR).
2. All requests for proscription made by a foreign or
supranational jurisdiction shall be coursed
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through the DFA. The DFA shall, in turn, refer
said · requests to the ATC (/RR of R.A. No.
11479, Rule 7.10, Par.1). If the request for
proscription is granted, the ATC shall authorize
the DOJ to commence proscription proceedings
before the authorizing division of the Court of
Appeals (/RR of R.A. No. 11479, Rule 7. 10, Par.
3).
3. The authorizing division of the Court of Appeals
shall, within seventy-two (72) hours from the
filing of the verified application by the DOJ, ex-
parte a preliminary order of proscription
declaring that the respondent is a terrorist and
an outlawed organization or association (!RR of
R.A. No. 11479, Rule 7.3, Par. 2). · Designation of Terrorist Individual, Groups of
4. Upon receipt of the verified application filed by
the DOJ which is sufficient in form and
substance, the authorizing division of the Court
of Appeals shall immediately commence and
conduct continuous hearings which shoulq ,be
completed within six (6) months frorri,.th~ date
the application was filed, to deterrptne )Nhether: ·
a. The preliminary order of proscdption should
be made permanent; ··. . ..·.
b. A permanent order of proscripijO,Itshoutd be
issued in case no pf'etknlnaJy ort:ler was
issued; · ..
c. A preliminary order of proscription Should be
lifted; or
d. In any event that the verified application
should be denied (IRR··of'R.A No. 11479,
Rule 7.4, Par. 1). 1
5. Upon the issuance of the permanent order of
proscription, the ATC shall publish thesarne,in a ·
newspaper of general ci'l:culation;c(/RA of R:A.
No. 11479, Rulel.p). . .. ,.
6. · The permanent order of pfQscription•..,~haU'be
immediately executory and shall be ValfcNor ·.a
period of three (3) years from ttie' da• ()f its
publication (!RR of R.A. No. 11479,.Rule 7.f>).
7. Six (6) months prior to the expiration 'of,.the,
permanent order of proscription, the DOJ may,
upon the authority from the ATG and with the
recommendation of the NICA, cause the review
of such permanent order of proscription by filing
a verified application for re-issuance of
permanent order of proscription before the
authorizing division of the Court of Appeals (/RR
ofR.A. No. 11479, Rule 7.7, Par. 1).
8. The Court of Appeals shall review the verified
application for re-issuance filed by the DOJ, and
shall resolve before the expiration of the three
(3)-year period whether or not the permanent
order of proscription should be lifted or re-issued
(IRRofR.A. No. 11479, Rule 7.7, Par.2).
9. If the Court of Appeals finds that there exists no
ground for which the application for proscription
may be granted, any. preliminary order of
proscription shall be lifted and/or the subject of
proscription shall be delisted from the
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Criminal Law
designation made by the A TC (!RR of R.A. No.
11479, Rule 7.9, Par. 1). .
Effects if Permanent Order of Proscription is
Issued:
1. Membership of an individual in ·a proscribed or
outlawed group of persons, organization, or
association is punishable under Section 10 of
the Act.
2. The proscribed group of persons, organization,
or assoGiation shall likewise be subject to
targeted financial sanctions as herein provided
(!RR of R.A. No. 11479, Rule 7.8).
Persons, Organizations, or Associations
1. Designation pursuant to the automatic
adoption of the UN Security
Pursuant to the obligations of the Philippine
.Government under UNSC Resolution No. 1373,
the ·,JiTC shall, by way of a resolution,
, , aNJtortiati$pllyadopt the UNSC Consolidated List
of individualS, group of persons, organizations or
a"ssQciatiOns who are designated and/or
lder;itifie,cia:,: ..
a. A tJrrori$t;
b. One wro fY1~11pes
terrorism; or
.c ... A terro~storgapization or group (!RR of R.A.
No. 11479,Rule 6.1, Par. 1).
2. De,ignatidn-·puri;uant to requests from
fQreignjurisdictions and supranational
jurisdictions ··
··The P,TC may, upon finding of probable
cause tnat the proposed designee meets the
criteria for designation under UNSC Resolution
· ~o:··1373, adopt a request for designation by
"other 'foreign jurisdictions or supranational
j1;1risdictions(/RR of R.A. No. 11479, Rule 6.2,
, Par:,1J.
Criteria:
a. That an individual, groups, organizations or
association, whether domestic of foreign,
commits or attempts to commit, or conspire
in the commission of any of the acts defined
and penalized under Sections 4, 5, 6, 7, 8,
9, 10, 11 and 12 of the Act;
b. That an entity is owned or controlleci directly
or indirectly by such person/s; or
c. That a person or entity is acting on behalf of,
or at the direction of, the individual, groups
of persons, organization, or association
described on paragraph a above
(/RR of R.A. No. 11479, Rule 6.2, Par. 2.).
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3. Domestic designation by the ATC
through a determination of probable
cause
Upon a finding of probable cause, the ATC
may designate:
a. An individual, groups of persons, entity
organization, or association, whether
domestic or foreign, who commit, or attempt
to commit, or conspire or who participate in
or facilitate the commission of any of the
acts defined and penalized under Sections
4, 5, 6, 7, 8, 9, 10, 11 and 12 of the Act;
b. An entity owner or controlled directly or
indirectly by such individual, group of
persons, entity, organization, or association
under paragraph a of this Rule
c. A person or entity acting on behalf of, or at
the direction of, the individual groups of
persons, entity, organization, or association
under paragraph a of this Rule (/RR of R.A.
No. 11479, Rule 6.3).
All ATC resolutions of designation shall be
published/posted in a newspaper of general
circulation, on the online official gazette, and on the
official website of the ATC (/RR of R.A. No. 11479,
Rule 6.5, Par. 1). For those designated under the
appropriate UNSC Lists, a link to the specific list
shall be provided in the ATC website.
Effects of Designation
The assets of the designated individual, groups of ,
persons, organization, or association under the ACT
shall be subject to the authority of the Anti-Morley
Laundering Council (AMLC) to freeze (!RR of R.A.
No. 11479, Rule 6.4). · ··
1. Upon the issuance by the court of preliminary a j'.:{ij~I;l~1*.f¥1J-C shall be authorized to issue sanction
order of proscription or in case of designation
case of designation, the AMLC, upcn its own
initiative or at the request of the ATC,· may
investigat~ the following:
a. Property or funds that are in any way related
to:
i. · Financing of terrorism as defined and
penalized under Republic Act No.
10168; or
ii. Violation of Sections 4, 6, 7, 10, 11, or
12 of the Act.
b. Property or funds of any person or persons
in relation to whom there is a probable cause
to relieve that such person or persons are
committing, attempting or conspiring to
commit, or participating in or facilitating the
financing of violations of Sections 4, 6, 7, 10,.
11, or 12 of the Act (/RR of R.A. No. 11479,
Rule 8.1). · 11479, Rule 8.10).
2. The AMLC is authorized to inquire into or
examine deposits and investments with any
banking institution or non-bank financial
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institution and their subsidiaries and affiliates
without court order for purposes of Rule 8.1 (/RR
of R.A. No. 11479, Rule 8.2).
3. The AMLC may, upon its own initiative or at the
request of the ATC, issue without delay an ex
parte preventive freeze order in the following
instances:
a. Upon th.e issuance by the court of a
preliminary order of proscription; or
b. In case of designation under Rule 6.3 (/RR
of R.A. No. 114 79, Rule 8.3, Par. 1).
The preventive freeze order shall direct the
concerned covered institutions and relevant
government agencies to desist from allowing any
transaction, withdrawal, deposit, transfer,
removal, conversion, other movement,
concealment, or other disposition of the subject
property or funds (/RR of R.A. No. 11479, Rule
8.3, Par. 2).
The freeze order shall take effect immediately
and shall remain in effect for a period not
, ,~xceedin'1.twenty (20) days (/RR of R.A. No.
tk:if!"½~~,.~ 8.5).
,·;;'<,.•:. ❖<"❖
Before t~e\expiration of the twenty (20)-day
period, thE! ,;MLC may file a petition with the
Court Qf Appeals to extend the e.ffectivity of the
freez~ order for a total period not exceeding six
(6) rnonths. The. twenty (20)0day period shall be
toll'.•·· ~(l{flliMof a petition to extend the
effect ;of:ttie preventive freeze order (/RR of
R.A. No. 11479, Rule 8.6).
· · ·free:z:t:forder with respect to property or funds of
a designated organization, association, group, or
any individual to comply with binding terrorism-
related resolutions, including UNSC Resolution
No. 1373 pursuant to Article 41 of the UN Charter
(IRRofR.A. No. 11479, Rule 8.8, Par. 1).
· The sanctions freeze order shall take effect
immediately and shall remain in effect until the
basis for the issuance thereof shall have been
lifted (/RR of R.A. No. 11479, RUie 8.9).
During the . effectivity of the sanctions freeze
order, an aggrieved party may, within twenty (20)
days from the date of issuance, file with the Court
of Appeals a petition to determine the basis of the
sanctions freeze order according to the principle
of effective judicial protection (/RR of R.A. No.
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Effectivity of Designation
1. The designation made under Rule 6.1. shall be
effective until the designated individual, group of
persons, organization, or association has been
removed from the UNSC Consolidated List.
2. The designations made under Rule 6.2. and
Rule 6.3 shall be immediately executory and
shall be valid from the date of publication of the
corresponding ATC resolution in the online
gazette and the official website of the ATC (/RR
ofR.A. No. 11479, Rule 6.6).
Delisting
1. For designations made under Rule 6.1, the ATC
may motu proprio or upon request of a
designated person file a petition for delisting with
the appropriate committee of the UNSC. The
petition for delisting may also be filed directly by
the designated person pursuant to the rules
established by the appropriate UNSC committee
(/RR of R.A. No. 11479, Rule 6.9, Par, 5).
Fpr designations made under Rule 6,2 and Rule·
6.3, a designated party qr its assigns or
successors-in-interest may file a Verifiedrequest
for delisting before the ATC, withiri fifteen (15)
days from publication of the designation (/RR of
R.A._No. 11479, Rule 6.9, Par. 1).
2. The request shall set! forth :the grounds for
delisting, as follows: · assistan'ce, safe houses, false cjocumentation or
a. Mistaken identity;
b. Relevant and significant ~flange offacts or
circumstance; · (one or rnore dndivich,ials who may be or include
c. Newly discovered eviclence
d. Death of a designated person
e. Dissolution or liquidaHen of c:fesignated
organizations, associatiori$, _or ,gr?,lif:>S
of
persons; or
f. Any other circumstance which would show
that the basis for designated no longer exists.
(/RR of R.A. No. 11479, Rule 6.9, Par. 3).
3. Where persons, organizations, associations, or
groups of persons are delisted by the UNSC or
its appropriate sanctions committee, the ATC
shall immediately issue a resolution that the
person, organization, association, or group of
persons has been delisted (/RR of R.A. No.
11479, Rule 6.10, Par. 1).
4. All ATC resolutions_ of delisting shall be
published in/posted on a newspaper of general
·circulation, the online official gazette, and the
official website of the ATC (/RR of R.A. No.
11479, Rule 6.10, Par. 2).
5. The designation of a group of persons,
organization, or association under this Rule shall
be without prejudice to the proscription of
terrorist organizations, association, or groups of
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SPECIALPENALLAWS
Criminallaw
persons under Rule 7 (/RR of R.A. No. 11479,
Rule 6.11).
Foreign Terrorist
The following acts are unlawful: .
1. For any person to travel or attempt to travel to a
state other than his/her state of residence ·or
nationality for the purpose of perpetrating,
planning, or preparing for, or participating ·in
terrorism, or providing or receiving terrorist
training;
2. For any person to organize or facilitate the travel
of individuals who travel to a state other than
their states of residence or nationality knowing
that such travel is for the purpose of
perpetrating, planning, training, or preparing for,
or participating in terrorism or providing or
receiving terrorist training; or ·
3. For. any person residing abroad who comes to
the Philippines to participate in perpetrating,
planning, training, or preparing for, or ·
participating in terrorism or provide support for
or facilitate or receive terrorist training here or
abroad (R.A. Iyo. 11479, Sec. 10, Par. 2).
Providing !Wateriat's,upport to Terrorists
Material SupP(?rtshall refer to any property, tangible
or intangible, pr ..'service, including currency or
monetary instruments or financial securities,
financial, services, lodging, training, expert advice or
. identific~tion,cC11T1mu11ications equipment, facilities,
weapons, l,ethal sab$tances, explosives, personnel
oneself),and:transpc;>rt~tion(R.A. No. 11479, Sec.
3(e)), .. .
lt.tsoornmitted_by'any person who provides material
pupporzt"..__
to_ atiy terrorist individual or terrorist
orgarntatiofi, association or group· of persons
committing any of the acts punishable under Section
4 hereof, knowing that such individual or
organization, association, or group of persons is
committing or planning to commit such acts, shall be
liable as principal to any and all terrorist activities
committed by said individuals or organizations, in
addition to other criminal liabilities he/she or .they
may have incurred in relation thereto (R.A. No.
11479, Sec. 12).
Humanitarian activities undertaken by the
International Committee of the Red Cross, the
Philippine Rec Cross, and other state-recognized
impartial humanitarian partners or organization in
conformity with International Humanitarian Law, as
determined by the ATC, do not fall within the scope
of the crime of providing material support to terrorists
penalized under Section 12 of the Act (/RR of R.A.
No. 11479, Rule 4.14, Par. 3).
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San Bede UniversityCollege of law - RGCTBar Opera!iOnsCenter
Surveillance of Suspects and Interception and
Recording of Communications
A,law enforcement agent or military personnel may,
upon a written order of the Court of Appeals secretly
wiretap, overhear and listen to, intercept, screen,
read, survey, record or collect, with the use of any
mode, form, kind or type of electronic, mechanical or
other equipment or device or technology now known
or may hereafter be known to science or with the use
of any other suitable ways and means for the above
purposes, any private communications,
conversation, discussion/s, data, information,
messages in whatever form, kind or nature, spoken
or written words:
1. Between members of a judicially declared and
outlawed terrorist organization, as provided in
Section 26 of this Act;
2. Between members of a designated person as
defined in Section 3(e) of Republic Act No.
10168;or
3. Any person charged with or suspected of
committing any of the crimes defined and
penalized under the provisions of this Act (R.A
No.11479, Sec. 16).
Surveillance, interception and recording of
communications between lawyers and . ctients,
doctors and patients, journalists and their sources
and confidential business correspondence shall not
be authorized (R.A. No. 11479, Sec. 16).
The law enforcement agent or military personnel
shall likewise be obligated to:
1. File an ex-parte application with the: .Court of
Appeals for the. issuance of an order, to compel
telecommunications . service providers · (TSP)
and internet service providers (ISP) to produce
all customer information and identificatiQn
records as well as call and text data records,
content and other cellular or internet metadata of
any person suspected of any of the crimes
defined and penalized under the provisions of
this Act; and
2. Furnish the Nation~! Telecommunications
Commission (NTC) a copy of said application.
The order to compel shall be complied with by the
TSPs and ISPs within forty-eight (48) hours from the
time it was received (/RR of R.A. No. 11479, Rule
5.4, Par. 2).
Any authorization granted by the Court of Appeals
shall only effective for the length of time specified in
the written order of the authorizing division of the
Court of Appeals which shall not exceed a period of
sixty (60) calendar days from the date of r.eceipt of
the written order by the applicant law enforcement
agent or military personnel (/RR of R.A. No. 11479,
Rule 5.9).
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The authorizing division of the Court of Appeals may
extend or renew the said authorization for a non-
extendible period of thirty (30) calendar days from
the expiration of the original period upon the
determination of the following:
1. That the issuing court is satisfied that such
extension or renewal is in the public interest
2. That the ex parte application for extension or
renewal is filed by the original applicant; and
~- That the ex parte application for extension or
renewal was duly authorized in writing by the
ATC (/RR of R.A. No. 11479, Rule 5.10).
ACCESSORIES
It is committed by any person who having knowledge
of the commission of any of the crimes defined and
penalized under Section 4 of this Act, without having
participated therein, takes part subsequent to its
commission in any of the following manner:
1. By profiting himself/herself or assisting the
offender to profit by the effects of the crime;
2. By concealing or destroying the body of the
crime, or the effects, or instruments thereof, in
order to prevent its discovery; or
~-;:J3y. har~ring, concealing, or assisting in the
< · •'estQiof the principal or conspirator of the
crime (R.A.No. 11479, Sec. 14, Par. 1).
No person, regardless of relationship of affinity, shall
be exempftrom liability under this section (R.A. No.
11479, Sec. 14, Pa,r. 2).
PE NA£1ffl$;~;;:f
/i
Life Imprisonment Without the Benefit of Parole
and the Benefits of R.A. No. 10592:
,_p,eans the deduction of preventive
~ent from term of imprisonment, allowance
for good conduct, and special time allowance for
loyalty.
1. Terrorism;
2. Planning, training, preparing and facilitating the
commission of terrorism;
3. Conspiracy to commit terrorism;
4. Recruitment to a terrorist organization; and
5. Foreign terrorist
Imprisonment of Twelve (12) Years:
1. Threat to commit terrorism;
2. Proposal to commit terrorism;
3. Inciting to commit terrorism;
4. Membership in a terrorist organization; and
5. Accessory to terrorism (REYES, Book Two,
supra at 110).
Detention Without Warrant of Arrest:
Any law enforcement agent or military personnel,
having bee duly authorized in writing by the A TC,
has taken custody of a person suspected of
committing any of the acts defined and penalized
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under Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of the
Act, without incurring any criminal liability for delay in
the delivery of the detained persons under Article
125 of RPC:
1. Deliver said suspected person to the proper
judicial authority within a period of fourteen (14)
calendar days counted from the moment the
said suspected person has been apprehended
or arrested, detained, and taken into custody by
the law enforcement agent or military personnel
(/RR of R.A. No. 11479, Rule 9.1).
2. The period of detention may be extended to a
maximum period of ten (10) calendar days if it is
established that:
a. Further detention of the person/s is
necessary to preserve the evidence related
to terrorism or complete the investigation;
b. Further detention of the person is necessary
to prevent the commission of another
terrorism; and
c. The investigation is being conducted
properly and without delay (IRJ{of R.A.No.
11479, Rule 9.1).
/
The ATC shall issue a written authorityjnfavorofthe
law enforcement officer or military personnel upon
submission of a sworn stater:nent stating the details
of the person suspected of committing acts of
terrorism, and the relevant circumstances. as basis
for taking custody of said person (/RR of R.A. No.
11479, Rule 9.1, Par. 2).
If the law enforcement agent or military personnel is
not duly authorized in writing by the A TC, ·he/she
shall deliver the suspected person to the proper
judicial authority within the periods specified under
Article 125 of RPC, provide9 that if the faw
enforcement agent or military personnel is able .to
secure a written authority from the ATC prior fo the
lapse of the periods specified under Article 125 of the
RPC, the period provided under paragraph 1of this
Rule shall apply (/RR of R.A. No. 11479, Rule 9. 1;
Par. 3).
A law enforcement officer or military personnel may,
without a warrant, arrest:
1. A suspect who has committed, is actually
committing, or is attempting to commit any of the
acts defined and ,penalized under Sections 4, 5,
6, 7, 8, 9, 10, 11, and 12 of the Act in the
presence of the arresting officer;
2. A suspect where, based on personal knowledge
of the arresting officer, there is probable cause
that said suspect was the perpetrator of any of
the acts defined and penalized under Sections
4, 5, 6, 7, 8, 9, 10, 11, and 12 of the Act, which
has just been committed; and
3. A prisoner who has escaped from a penal
establishment or place where he is serving final
judgment for or is temporarily confined while
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his/her case for any of the acts defined and
penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11,
and 12 of the Act is pending, or has escaped
while being transferred from one confinement to
another (/RR of R.A. No. 11479, Rule 9.2).
Immediately after taking custody of the suspected
person, the law enforcement agent or military
personnel shall, through personal service, notify in
writing the judge of the trial court nearest the place
of apprehension or arrest of the following facts:
1. The time, date, and manner of arrest;
2. The exact location of the detained suspect; and
3. The physical and mental condition of the
detained suspect (/RR of R.A. No. 11479, Rule
9.3, Par. 1).
Immediate notification shall mean a period not
exceeding forty-eight (48) hours from the time of
apprehension or arrest of the suspected person (/RR
ofR.A. No. 11479, Rule 9.3, Par. 2).
The law enforcement agent or military personnel
shall furnish•··the ATC and the Commission on
Human Rights (CHR) copies of the written
notification given to the judge in such manner as
shall ensure reteipt thereof within forty-eight (48)
hours from the tin,e orapprehension or arrest of the
suspected person (/RR of R.A. No. 11479, Rule 9.5).
If a person charged for violation of any act defined
and penalized by the Act punishable by life
imprisonment is granted bail because evidence of
guilt is not strong, the court, in the interest of national
security and public safety, consistent with Article Ill,
Section 6 of the Constitution, and upoo application
by the prosecutor, shall issue an order:
1. Urniting the right to travel of the accused to
within the municipality or city where he/she
resides· or where the case is pending; or
2, Pfacing the accused under house arrest (/RR of
R.A. No. 11479, Rule 10.13).
HUMAN SECURITYACT
OF2007
REPUBLIC ACT NO. 9372
Approved on: March 6, 2007
Effectivity Date: July 15, 2007
Topics related to: Crimes against National Security
and the Law of Nations; Crimes against the
Fundamental Law of the State; Crimes committed by
Public Officers; Crimes against Public Order; Crimes
against Persons; Crimes against Personal Liberty
and Security; and Crimes against Property.
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MEM:0:RYAl D ,
San Seda Unlveraity College of Law - RGCT Bar Operations Center
ELEMENTS OF TERRORISM: (AFP)
1. Offender commits an Act punishable under any
of the cited provisions of the RPC, or under any
of the enumerated special penal laws;
2. Commission of the predicate crime sows and
creates a condition of widespread and
extraordinary . E. ear and panic among the
populace; and
3. The furpose of the crime is to coerce the
government to give in to an unlawful demand
(Southern Hemisphere Engagement Network,
Inc. v. Anti-Terrorism Council, G.R. No. 178552,
October 5, 2010; R.A. No. 9372, Sec. 3).
Predicate Crimes of Terrorism (Sec. 3):
1. Under the RPC: (PReCK-MD)
a. f.iracy in general and Mutiny in the High
Seas or in the Philippine Waters (Art. 122);
b. Rebellion or Insurrection (Art. 134);
c. f;,oup d'etat, including acts committed by
private persons (Art. 134-a);
d. _!:Sidnappingand Serious Illegal Detention
(Art. 267);
e. Murder (Art. 248); and
f. Crimes involving Qestruction (Art. 324).
2. Under Special Laws: (FAPATH)
a. Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture,
Dealing in, Acquisition .pr Disposition of
E,irearms, Ammunitions or Explosives (P.O.
No. 1866);
b. Law on Arson (P.O. No. 1613);
c. Anti-f.iracy and Anti-Highway Robbery Law
of 1974 (P.O. No. 532);
d. Atomic Energy Regulatory and Liability Act
of 1968 (R.A. No. 5207);
e. Toxic Substances and Hazardous and
Nuclear Waste Control Act of 1990 (R.A.
No. 6969); and
f. Anti-.!::!ijacking Law (R.A. No. 6235).
NOTE: Before a charge for terrorism may be filed
under RA No. 9372, there must first be a predicate
crime actually committed to trigger the operation of
the key qualifying phrases in the other elements of
the crime, including the coercion of the government
to accede to an unlawful demand (Southern
Hemisphere Engagement Network, Inc. v. Anti-
Terrorism Council, G.R. No. 178552, October 5,
2010).
NOTE: The benefit of Parole under the
Indeterminate Sentence Law (Act No. 4103) is not
applicable to persons convicted under this Act who
shall suffer the penalty of forty (40) years of
imprisonment (R.A. No. 9372, Sec. 3).
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PERSONS LIABLE:
1. Conspirator
Two (2) or more persons come to an
agreement concerning the commission of the
crime of terrorism and decide to commit the
same (Sec. 4);
2. Accomplice·
Any person who, not being a principal or a
conspirator, cooperates in the execution of
either the crime of terrorism or conspiracy to
commit terrorism by previous or simultaneous
acts (Sec. 5); and
3. Accessory
Any person who, having knowledge of the
commission of the crime of terrorism or
conspiracy to commit terrorism, and without
having participated therein, takes part
subsequent to its commission in any of the
following manr:ier:
a. Profiting himself or assisting the offender to
profit by the effects of the crime;
b. Concealing or destroying the body· of the
crin:i~ or the effects or instruments thereof in
refd~lfoprevent its discovery; or
c. Harootjng, concealing or assisting in the
escape of the principal or conspirator.
EXCEPTION (NOT LIABLE): Those accessories
who are such with respect to their:
.
a. ,~i~~; \.';!
b. Ascendants;
c. Descendants;
d. Legitimate, natural, and adopted brothers and
-~jsters;or
, ·'.'.i,;'.}~C,.:~:> .
F":':,e'.':;Rslativesby affinity within the same degrees.
EXCEPTION TO THE EXCEPTION (LIABLE):
Accessories falling within the provisions of
subparagraph (a) (Sec. 6).
SURVEILLANCE OF SUSPECTS AND
INTERCEPTION AND RECORDING OF
COMMUNICATION
GENERAL RULE: Notwithstanding RA. No. 4020
(The Anti-Wire Tapping Law), a police or law ,
enforcement official and members of his team may,
upon written order of the Court of Appeals, listen to,
intercept and record any communication between
members of. a judicially declared and outlawed
terrorist organization or group of persons or of any
person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism (Sec. 7).
EXCEPTIONS: Communications between:
1. Lawyers and clients; ·
2. Doctors and patients;
3. Journalists and their source; or
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4. Confidential business correspondence (Id.).
Requisites for Formal Application for Judicial
Authorization to Intercept and Record
Communication (Sec. 8):
1. There must be an ex parte application by the
police or law enforcement official;
2. The-application must have been duly authorized
in writing by the Anti-Terrorism Council; and
3. Examination under oath or affirmation of the
applicant and the wi~nesses he may produce to
establish that:
a. There is probable cause to believe based on
persona~ knowledge of facts that the said
Crime of terrorism or conspiracy to commit
terrorism has been committed, is being
committed or is about to be committed;
b. There is probable cause to believe based on
personal knowledge of facts that evidence
which is essential to the conviction of any
charged or suspected person, will be
obtained; and
c. There is no other effective· means for
acquiring such evidence.
Exceptions to Article 125 of RPC (Sec. 19):
In the event of actual or imminent terrorist attack
suspects may be detained for more than three (3) ·
days upon written approval of:
1. Municipal, city, provincial, or regional official of
Human Rights Commission; "'
2. Judge of MTC, RTC, or. Sandiganbayan~ or
3. Justice of CA nearest to the place of arrest.
The written approval must be procured within five (5)
days after the date of detention; Provided that within
three (3) days after detention, suspects whose
connection with the terror attack or threaf is not
established shall be released immediately.·
If the arrest is made during Saturdays, Sundays,
Holidays or after office hours, the police or law
enforcement personnel shall bring the arrested
person to the residence of any of the officials
mentioned that is nearest the place where the
accused was arrested.
PROSCRIPTION OF TERRORIST
ORGANIZATIONS, ASSOCIATION, OR
GROUP OF PERSONS (Sec. 17)
Upon application by DOJ before a competent RTC,
with due notice and opportunity to be heard given to
the said group, said RTC shall declare the following
organization, association, or group of persons as a
terrorist and outlawed organization, association, or
group of persons: ·
1. Organized for the purpose of engaging in
terrorism; or
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2. Although not organized for that purpose, actually
uses the acts to terrorize or to sow and create a
condition of widespread and extraordinary fear
and panic among the populace in order to
coerce the government to give in to unlawful
demand.
NOTE: An association of terrorists is not an illegal
association defined under the RPC.
Illegal Associations
These are 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 (RPG, Art. 147).
EXTRA-TERRITORIAL APPLICATION OF
THIS ACT (Sec. 58): (CIS-ECG)
s.ubje9t to the provision of an existing treaty of which
the Philippines is a signatory and to any contrary
provision. of any law of preferential application, the
provisions of this act shall apply to:
1. Individual persons who ~ommit any of the
crimes defined and punished under this Act
within the terrestrial domain, interior waters,
maritime zone, an~ airspace of the Philippines;
2. Those who, although physically outside the
territorial limits of the Philippines, commit,
conspire or pfot td commit any of the crimes
defined and punished in this Act Inside the
territorial limits of the Philippines; -
3. Those who, although physically outside the
territoriar limits of the Philippines, commit any of
the said crimes on board Philippine ~hip or
airship;
4. Those who commit any of the said crimes within
any Embassy, consulate or diplomatic premises
betonglng to or occupied by the Philippine
Government in an official capacity;
5. Those who, although physically outside the
territorial limits of the Philippines, commit said
crimes against Philippine ~itizens or persons of
Philippine descent, where their citizenship or
ethnicity was a factor in the commission of the
crime; and
6. Those who, although physically outside the
territorial limits of the Philippines, commit said
crimes directly against the · Philippine
Government.
ANTI-TERRORISM ACT OF 2020 AND
HUMAN SECURITY ACT OF 2007,
DISTINGUISHED
1. Definition of Terrorism
Under the Human Security Act of 2007, if the
crimes are committed to sow extraordinary fear
and panic, it would be punished up to 40 years
in prison without the benefit of parole (R.A. 9372,
Sec. 3). However, under the Anti-Terrorism Act
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MEM:O~YAID
San Seda Un!vel!ilttyCollege of law - RGCT BarOperations Center
of 2020, it adds qualification for crimes in order
for it to be punishable by life imprisonment
without• the benefits of parole and the good
conduct time allowance under RA No. 10592
(R.A. 11479, Sec. 4).
Under the Anti-Terrorism Act of 2020, for the
crime to be punishable by life imprisonment
without the benefits of parole and good conduct
time allowance, the crimes should be done to
intimidate the general public, create an
atmosphere or spread a message of fear to
provoke or influence by intimidation the
government or any international organization,
seriously destabilize or destroy the fundamental,
political, economic, or social structure!:>of the
country, or create a public emergency or
seriously undermine public safety (Ibid.).
2. Inciting, Planning, Training, Preparing,
and Facilitating Terrorism
The Anti-Terrorism Act of 2020 added as
crimes threat, planning, training, facilitating,
proposal and inciting to terrorism, as well as
recruitment and membership to a terrorist
organization, on top of conspiracy to commit
terrorism.
3. Arrest and Detention Without Judicial
Warrants
Both the Human Security Act and the Anti-
Terrorism Act allow the arrest and detention of
suspected terrorist through the Anti-Terrorism
Council.
In the Human Security Act, it only allows an
ATC-authorized and detention if it results from
the surveillance under Sec. 7 and examination
of bank deposits under Sec. 27 (R.A. 9372, Sec.
18). In the Anti-Terrorism Act, the law does not
provide for tbis limitation.
Under the Human Security Act, law enforcers
must bring the suspect to court within 3 days
(Ibid.). However, in the Anti-Terrorism Act, it
provides for a maximum of 14 days with an
extension of another 10 days to detain a
suspect, for a total of 24 days (R.A. 114 79, Sec.
29).
4. Prolonged and Broadened Surveillance
The Human Security Act and the Anti-
Terrorism Act allows surveillance not only on
judicially declared terrorsts but also suspected
terrorists. The Human Security Act provides that
only the suspected terrorist can be subjected to
surveillance (R.A. 9372, Sec. 7). However, the
Anti-Terrorism Act broadened the scope of who
can be subjected to surveillance. These include
those suspected of threatening, planning,
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training, facilitating, proposing and inciting to
terrorism (R.A. 11479, Sec. 16).
The Human Security Act provides for a 30-day
limit from the court in order to conduct the
surveillance (R.A. 9372, Sec. 10). On the other
hand, the Anti-Terrorism Act allows for a
maximum of60 days (R.A. 11479, Sec. 19).
5. Preliminary Proscription as Terrorists
Under the Human Security Act, the court
should conduct a full trial before it can declare
anyone a terrorist (R.A. 9372, Sec. 17).
However, in the Anti-Terrorism Act, it allows the
courts to declare preliminarily a group as
terrorists even without a full hearing. If the court
finds probable cause and finds the petition
sufficient in form, it can issue within 72 hours a
preliminary order of proscription. (R.A. 11479,
Sec. 27). ·
6. Restriction on Travel
The Human Security Act provides that the
government can restrict a suspect's movement
•to; Q:I)~· jithin the municipality or city of his
residence" . provided that the court has
determini:id that the guilt is not strong, and the
suspecfis entitled to bail (R.A. 9372, Sec. 26).
The restriction can only be applied when the
suspect has been charged in court.
On<::tt1e/.J.l$,~ hand, the Anti-Terrorism Act
provides 1hatthe government can restrict travel
even when the suspect has not yet been
..· charged (R.A. 11479, Sec. 34). This is thought
.J~ application of a Precautionary Hold
Oeiparture Order (PHDO) which can bar a
suspect from leaving the country.
NOTE: A PHDO is an order in writing issued by
a court commanding the Bureau of lmmigrat(on
to prevent any attempt by a person suspected
of a crime to depart from the Philippines, which
shall be issued ex-parte in cases involving
crimes where the minimum of · the penalty
prescribed by law is at least six ( 6) years and
one (I) day or when the offender is a foreigner
regardless of the imposable penalty (A.M. No.
18-07-05-SC, Sec. 1).
7. Damages to Acquitted People
The Anti-Terrorism Act deleted the provision
requiring the government to pay costly damages
if the suspect is acquitted.
Under the Human Security Act, a person who is
tried for terrorism, but is acquitted, shall receive
P500,000 for every day that his assets were
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seized and such will be charged to the law
enforcer (R.A. 9372, Sec. 42).
THE TERRORISM
FINANCING PREVENTION
AND SUPPRESSION ACT
OF2012
REPUBLIC ACT NO. 10168
Approved on: June 18, 2012
EffectMty Date: July 5, 2012
Topics Related to: Crimes against National
Security and the Law of Nations; Crimes against the
Fundamental Law of the State; Crimes committed by
Public Officers; Crimes against Public Order; Crimes
against Persons; Crimes against Personal Liberty
and Security; and Crimes against Property. ·
PERSONS LIABLE:
1. Any person who directly or indirectly,
willfully and withQUt.. lawful excuse,
possesses, provides, ..collects or uses
property or funds or makes available
property, funds or fin•ancial service or
other related services, by any means,
with the unlawful ~rid'willful· intention
that they should be' used' or with• the.
knowledge that they are to be used, in
full or in part: (COi) '
a. To carry out or facilitate the ~ommission of
any terrorist act;
b. By a terrorist Organization, association or
group; or
c. By an !ndividual terrorist (Sec. 4, Par. 1).
2. Any person who organizes or directs
others to commit financing of terrorism
(Sec. 4, Par. 2).
3. Any person who, not being an
accomplice or accessory in relation to
any property or fund: (ReAv)
a. Deals directly or indirectly, in any way and
by any means, with any property or fund that
he knows or has Reasonable ground to
believe is owned or controlled by a
designated person, organization,
association or group of persons, including
funds derived or generated from property or
funds owned or controlled, directly or
indirectly, by a designated person,
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organization, association or group of
persons; or .
b. Makes Available any property or funds, or
financial services or other related services to
a designated and/or identified person,
organization, association, or group of
persons (Sec. 8).
The prohibition against dealing with property
or funds shall, not apply to the following:
(HuSIO)
1. Payments falling under Humanitarian
exemptions or those which the court
determines to be reasonably needed for
monthly family needs and sustenance
including the services of counsel;
2. Payments necessary to §.atisfy a
judicial, administrative or arbitral
judgment rendered or lien encumbered,
prior to the date of designation or listing
of the designated persons,
organizations, associations or groups of
persons;
3. Payments of !nterest or other earnings
d~e on frozen deposit accounts or other
assets/ ..or Obligations under a valid
contract , entered into before the
accounts or other assets were frozen by
reason of the account holder's
designation. (Implementing Rules and
Regulations of Republic Act No. 10168,
.Rule 8.b., [fJereinafter /RR of R.A. No.
101f38]). ..
NOTE: Any conspiracy to commit any crime
under Sec. 4 or Sec. 8 shall be penalized by the
same penalty prescribed for the commission of
such crime. There is conspiracy when two (2) or
more persops come to an agreement concerning
th~ .cqmn,ission of such offenses and decided to
cmnmit it (Sec. 5).
· 4. Accomplice .
Any person who, not being a principal or a
conspirator, cooperates in the execution of
either the crime of financing of terrorism or
conspiracy to commit the crime of financing of
terrorism by previous or simultaneous acts (Sec.
6).
5. Accessory
Any person who, having knowledge of th~
commission of the crime of financing of terrorism
but without having participated therein as a
principal, takes part subsequent to its
commission, by profiting from it or by assisting
the principal or principals to profit by the effects
of the crime, or by concealing or destroying the
effects of the crime in order to prevent its
discovery, or by harboring, concealing or
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MEK-Q.:RY
AlD
San B!lda UniversityCollege of Law - RGCTBar Operations Cooter

assisting in the escape of a principal of the crime Terrorism Council (ATC), is authorized to
(Sec. 7). investigate:
1. Any property or funds that are in any way related
NOTE: If the offender is a corporation, to financing of terrorism or acts of terrorism;
association, partnership or any juridical person, 2. Property or funds of any person or persons in
the penalty shall be imposed upon the relation to whom there is probably cause to
responsible officers who participated in, or believe that such person or persons are
allowed by their gross negligence, the committing or attempting or conspiring to
commission of the crime or who shall have commit, or participating in or facilitating the
knowingly permitted or failed to prevent its financing of terrorism or acts of terrorism as
commission. lf the offender is a juridical person, defined herein (Sec. 10, Par. 1).
the court may suspend or revoke its license. If
the offender is an alien, the alien shall, in· NOTE: The AMLC is authorized to inquire into or
addition to the penalties prescribed, be deported examine the deposits a'nd investments with any
without further proceedings after serving the banking institution or non-bank financial institution
penalties (Sec. 9). and their subsidiaries and affiliates without a court
order (Sec. 10, Par. 3).
EXTRA-TERRITORIAL APPLICATION OF
THIS ACT (Sec. 19, Par. 1): (CoSE-CiG) The AMLC, either upon its own initiative or at the
request of the ATC, authorized to issue an ex parte
Subject to the provision of an existing treaty,
order to freeze without delay:
including the International Convention for the
1. Property or funds that are in any way related to
Suppression of the Financing of Terrorism of which ·
financing of terrorism or acts of terrorism; or
the Philippines is a State Party, and to any contrary
2. Property or funds of any person, group of
provision of any law of preferential application, the
. persons, terrorist organization, or association, in
criminal provisions of this Act shall apply to: ·...·re1atioff'towhom there is probable cause to
1. Those who, although physically outside the
believe that they are committing or attempting or
territorial limits of the Philippines, Commit,
conspiriqg Jo commit, or participating in or
conspire or plot to commit any of the crimes
facilitating \he commission of financing of
defined and punished in this Act inside the.
terrorism or ·acts of terrorism as defined herein
territorial limits of the Philippines;· ·
(Sec:;11, Par./).
2. Those who, although physically outside the
territorial limits of the Philippines, commit any of
the said crimes on board Philippine §hip or
The freeze :ordeJ'sliall
be effective for a period not
exceeding 20days,,which may be extended up to a
Philippine airship;
period not exceeding six months upon a petition
3. Those who commit any of said crimes within any
Embassy, consulate, or diplomatic premises
. Jileqby the AMLC with the Court of Appeals before
belonging to or occupied by the Philippine
: ·theexpiration of the period.
,. ; -~ '" '

government in an official capacity;

However, if it is necessary to comply with binding
-4. Those who, although physically outside the
terrorism-related resolutions, including Resolution
territorial limits of the Philippines, commit said
No. 1373 of the UN Security Council pursuant to
crimes against Philippine Citizens or persons of
Article 41 of the Charter of the UN, the AMLC shall
Philippine descent, where their citizenship or
be authorized to issue a freeze order with respect to
ethnicity was a factor in the commission of the
the property or funds of a designated organization,
crime; and
association, group, or any individual. The freeze
5. Those who, although physically outside the
order shall be effective until the basis for its issuance
territorial limits of the Philippines, commit said
shall have been lifted. During the effectivity of the
crimes directly against the PhiHppine
freeze order, an aggrieved party may file with the
Government.
Court of Appeals a petition to determine the basis of
the freeze order within 20 days from its issuance. If
NOTE: This likewise applies to a Filipino national
the property or funds, subject of the freeze order, are
who, although outside the territorial jurisdiction of the
found to be in any way related to the financing of
Philippines, commit, conspire or plot to commit any
terrorism or acts of terrorism committed within the
of the crimes (Sec. 19, Par. 2).
jurisdiction of the Philippines, the property or funds
shall be the subject of civil forfeiture proceedings
FREEZING AND INVESTIGATING (Lagman v. Medialdea, G.R. Nos. 231658, 231771 &
FINANCING OF TERRORISM 231774, July 4, 2017).
The Anti-Money Laundering Council (AMLC), either
upon its own initiative or at the request of the Anti-

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The AMLC may decide to defer the issuance of a
freeze order for as long as necessary for any specific
investigative/prosecutorial purposes (Sec. 12).
· Remedies for Lifting of Freeze and De-listing:
1. Persons, organizations, associations or groups
of persons whose property or funds were frozen
on account of mistaken identity may file with the
AMLC a verified petition for the lifting of the
freeze order (/RR.of R.A. No. 10168, Rule 23.a).
2. A petition for de-listing may be filed with the
appropriate United Nations Security Council
Sanctions Committee based on any of the
following grouAds: (ICE-D2·C)
a. Mistaken !dentity;
b. Relevant and significant 9.hange of facts or
circumstance,
c. Newly discovered 5vidence;
d. Qeath of a designated person;
e. Qissolution or liquidation of designated
organizations, associations ..or groups of
persons; or
f. Any other 9,ircumstance which would show
that the basis for designation ·rio .longer
exists (/RR of R.A. No, 10J68!Rule 23.b).
ANTI-WIRE TAPPING.LAW
REPUBLIC ACT NO. 4200
Approved on: June 19, 1965·
Effectivity Date: June 19, 1965
Topic related to: Crimes Against f?ersonal Liberty
and Security
PUNISHABLE ACTS (Sec. 1): (TPA) · ··
It shall be unlawful for any person:
1. Not being authorized by all the parties to any
private com.munication or spoken word, to Iap
any wire or cable, or by using any other device
or arrangement, to secretly overhear, intercept,
or record such communication or spoken word
by using a device commonly known as a
dictaphone, dictagraph, walkie-talkie, or tape
recorder, or however otherwise described (Sec.
1, Par. 1);
NOTE: The phrase "private communication"
includes "private conversations". The law
prohibits recording or intercepting private
communications. Therefore, recording of
"public communication" or communication
involving public interest such as proceeding
before the Lupon Tagapamayapa inside the
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Barangay Hall is not violation of the law
(BOAOO, SPL, supra at 394).
An extension telephone cannot be placed in the
same category as a dictaphone, dictagraph, or
the other devices enumerated in Sec. 1 of R.A.
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 Sec. 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 (Gaanan v.
Intermediate Appellate Court, G.R. No. L-69809,
October 16, 1986).
2. Be a participant or not in the act or acts
penalized in the next preceding sentence, to
knowingly fossess any tape record, wire record,
disc record, or any other such record, or copies
thereof, of any communication or spoken word
secured eitherbefore or after the effective date
of this Act in the manner prohibited by this law;
or to replay tHe ~ame for any other person or
persons; ··or. to 'ccommunicate the contents
thereof, eithArverbally or in writing, or to fumish
transcriptions .thereof, whether complete or
partial, to ariy other:person; and
NOTE:The 1 use of such record or any copies
thE}reof as evidence in any civil, criminal
·Investigation or trial of offenses mentioned in
Sec. 3 hereof, shall not be covered by this
prohibition (Sec,/·1,Par. 2).
, . 8
· 3. Willfully-or knowingly does or who shall Aid,
permit,· or ·cause to be done any of the acts ·
· declared to be unlawful in the preceding section
or Who violates the provisions· of the following
section or of any order issued thereunder, or
aids, permits, or causes such violation (Sec. 2).
NOTE: Sec. 1 of R.A. No. 4200 clearly and
unequivocally makes it illegal for any person, not
authorized by all the· parties to any private
communication to secretly record such
communication by means of a tape recorder. The
law makes no distinction as to whether the party
sought to be penalized by the statute ought to be a
party other than or different from those involved in
the private communication. Consequently, even a·
person privy to a communication who records
his private conversation with another without the
knowledge of the. latter will qualify as a violator
under this provision of R.A. 4200. (Ramirez v.
Court of Appeals, G.R. No. 93833, September 28,
1995).
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The framers of the law were more concerned with
penalizing the act of recording than the act of merely
listening to a telephone conversat)on (Gaanan v.
Intermediate Appellate Court, G.R. No. L~69809,
October 16, 1986). Lawmakers indeed contemplated
to make illegal, unauthorized tape recording of
private conversations. or communications taken
either by the parties themselves or by third persons
(Ramirez v. Court of Appeals, G.R. No. 93833,
September 28, 1995).
EXCEPTIONS (Sec. 3): (TEMP 2 -KiRVS)
Nothing in this Act shall render it unlawful or
p(mishable for any peace officer, who is authorized
by a written order of the Court, to execute any of the
acts declared to.be unlawful in cases involving the
crimes of:
1. !reason;
2. .5.spionage;
3. Mutiny in the high seas;
4. frovoking war and disloyalty in case of war;
5. firacy;
6. Kidnapping;.
7. Rebellion, conspiracy and proposal to commit .
rebellion, inciting to rebellion;
8. ~iolations of C.A. 616, punishing espionage and
other offenses against national security; and
9. .§edition, conspiracy to commit sedition, inciting
to sedition.
WRITTEN·ORDER (Sec. 3)
The written order shall only be iJSuedorgranted:
(AGGN)
1 . Upon written Application and the examjnation
under oath or affirmation of the applicant and the
witnesses he may produce;
2. That there are reasonable Ground$ to believe •
that any of the crimes enumerated l'J~reinabove
has been committed or is being committeq-0r is
about to be committed;
NOTE: In cases involving the offenses of
rebellion, conspiracy and proposal to commit
rebellion, inciting to rebellion, sedition,
conspiracy to commit ,sedition, and inciting to
sedition, such authority shall be granted only
upon prior proof that a rebellion or acts of
sedition, as the case may be, have actually been
or are being commiUed.
3. That there are reasonable Grounds to believe
that evidence will be obtained essential to the
conviction of any person for, or to the solution of,
or to the prevention of, any of such crimes; and
4. That there are Noother means readily available
for obtaining such evidence (Sec. 3, Par. 1).
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The written order of the Court shall specify:
(120P)
1. The !dentity of the ·person or persons whose
communications, conversations, discussions, or
spoken words are to be overheard, intercepted,
or recorded and, in the case of telegraphic or
telephonic communications, the telegraph line or
the telephone number involved and its location;
2. The Identity of the peace officer authorized to
overhear, intercept, or record the
communications, conversations, discussions, or
spoken words;
. 3. The Offense or offenses committed or sought to
be prevented; and
4. The feriod of the authorization (Sec. 3, Par. 2).
NOTE: The authorization shall be effective for
the period specified in the order which shall not
excee_d60 days from the date of issuance of the
order, unless extended or renewed by the court
upon being satisfied that such extension or
renewal is in the public interest.
Deposit of authorized recordings (Sec. 3)
AUrecordin -~-made under court authorization shall,
s after the expiration of the period
fixed· 1 (>fder, be deposited with the court in a
sealed enveJqpe or sealed package, and shall be
accompani,d ·by an affidavit of the peace officer
granted such authority stating the number of
recordinQS mide, the dates and -times covered by
each recordimg, the· number of tapes, discs, or
recor~:~,it~nt,~ deposit, and certifying that no
duplicati3~<nta>~S of the whole or any part thereof
have been made, or if made, that all such duplicates
pies are included in the envelope or package
1g,}'Yith the court. The envelope or package
ti~ited shall not be granted except upon
motion, with due notice and opportunity to be heard
to the persons whose conversation or
communications have been recorded.
INADMISSIBILITY (Sec. 3)
Any communication or spoken word, or the
existence, contents, substance, purport, effect, or
meaning of the same or any part thereof, or any
information therein contained, obtained or secured
by any person in violation· of this Act shall not be
admissible in evidence in any judicial, quasi-judicial,
legislative or administrative hearing or investigation.
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CYBERCRIME PREVENTION
ACTOF2~12
REPUBLICACTNO.10175
Approved on: September 12, 2012
Effectivity Date: October 3, 2012
Topics related to: Crimes against Public Interest,
Crimes against Public Morals, Crimes against
Chastity
DEFINITION OF TERMS (Sec. 3)
Without Right
It refers to either:
1. Conduct undertaken without or in excess of
authority; or
2. Conduct not covered by established', legal :
defenses, excuses, court orders, j0stifications,
or releyant principles under the Jaw (Par. h).
Cyber
It is a computer or a computer netwol"k,tfie electronic
medium in which online communication tal(es place
(Par. i).
Critical Infrastructure
It is the computer systems, and/otnetworks, whether
physical or virtual, and/or tt,e computer programs, .
computer data and/or traffic d1:1t~:1so vital to this
country that the incapacity Or de1;1tructionof or
interference with such system and •assets -would
have a debilitating impact on security; national or
economic security, national public,health and safety,
or any combination of those matters (Par. j).
Interception
It refers to the listening to, recording, monitoring or
surveillance of the content of communications,
including procuring of the content of data, either
directly, through access arid use of a computer
system or indirectly, through fhe use of electronic
eavesdropping or tapping devices, at the same time
that the communication is occurring (Par. m).
Service Provider
It refers to:
1. Any public or private entity that provides to users
of its service the ability to communicate by
means of a computer system; and
2. Any other entity that processes or stores
computer data on behalf of such communication
service or users of such service (Par. n).
Subscriber's Information
It is any information contained in the form of
computer data or any other form that is held by a
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service · provider, relating to subscribers of its
services other than traffic or content data and by
which identity can be established (Par. o).
CYBERCRIME OFFENSES (Sec. 4)
1. Offenses against the confidentiality, integrity
and availability of computer data and
systems: (12DS-MC)
a. !llegal _Access
The access to the whole or any part of a
computer system without right.
b. !llegal Interception
The interception made by technical
means without right of any non-public
transmission of computer data to, from, or
within a computer system including
electromagnetic emissions from a computer
system carrying such computer data.
c. ·Oat~ Interference
The intentional or reckless alteration,
damqging, deletion or deterioration of
computer · data, electronic document, or
elect·roni~ . dpta message, without right,
jncluding the 'iptroduction or transmission of
viruses.. ·
d. ~ystem interference
The , intentional alteration or reckless
, hindering or interference with the functioning
· _of .a compt:Jtet or computer network by
inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing·
computer data or program, electronic
document, or electronic data message,
without. -right or authority, including the..
introduction or transmission of viruses.
e, Misuse of Devices
· i. The use, production, sale, procurement,
importation, distributiori, or otherwise
making available, without right, of:
a. A device, including a computer
program, designed or adapted
primarily for the purpose of
committing any of the offenses
. under this Act; or
b. A computer password, access
J
code, or similar data by which the
whole or any part of a computer
system is capable · of being
accessed with intent that it be used
for the purpose of committing any of
the offenses under this Act. ·
ii. , Th~ possession of an item referred to in
Pars. e(i) (aa) or (bb) above with intent ·
to use said devices· for the purpose of
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committing any of the offenses under
this section (Par. n).
f. Cyber-squatting
The acquisition of a domain name over
the internet in bad faith to profit, mislead,
destroy reputation, and deprive others from
registering the same, if such a domain name
is:
i. Similar, identical, or confusingly similar
to an existing tradem,ark registered with
the appropriate government agency at
the time of the domain name
registration:
ii. Identical or in any way similar with the
name of a person other than the
registrant, in case of a personal name;
and
iii. Acquired without right or with intellectual
property interests in it (Sec. 4, Par. 6).
2. Computer-related offenses (Sec. 4): (F2 1)
a. Computer-related forgery
i. The input, alteration, or deletion of any
computer data without right resulting in
inauthentic data with the intent that if be
considered or acted upon for legal
purposes as if it were authentic,
regardless whether or not the data is
directly readable and inteUigible;or
ii. The act of knowingly· using computer
data which is the product of computer-
related forgery as defined herein, for the
purpose of perpetuating a fraudulent·or
dishonest design (Par. 6Jbf(1)}..
b. Computer-related Fraud ...
The unauthorized input, alteration; . or
deletion of computer data or prpgraJTI· or
interference in the functioning of a'computer
system, causing damage thereby with
fraudulent intent (Par. 6 (b) (2)).
c. Computer-related !dentity Theft
The intentional acqu~sition, use, misuse,
transfer, possession, alteration or deletion of
identifying information belonging to another,
whether natural or juridical, without right
(Par. 6 (b} (3)).
NOTE FOR 2(8)/ AND 2(C) ABOVE: If no
damage has yet been caused, the penalty
imposable shall be one (1) degree lower.
3. Content-related offenses: (CPUL)
a. Cybersex
The willful engagement, maintenance,
control, or operation, directly or indirectly, of
any lascivious exhibition of sexual organs or
sexual activity, with the aid .of a computer
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system, for favor or consideration (Par. 6 (c)
(1).
b. Child fornography ·
The unlawful or prohibited acts defined
and punishable byR.A. No. 9775 or the
Anti-Child Pornography · Act of 2009,
committed through a computer system. The
penalty to be imposed shall be one ( 1)
degree higher than that provided for in R.A.
No. 9775 (Par. 6 (c) (2)).
NOTE: An offender cannot be charged with
both child pornography committed online
under this section of R.A. No. 10175 and
R.A. No. 9775 or the Anti-Child Pornography
Act of 2009 as this constitutes a violation of
the proscription against double jeopardy
(Disini v. Secretary of Justice, G.R. No.
203335, February 11, 2014).
c. Unsolicited Commercial
Communications
This section penalizes the transmission
, of IJJ')Solicitedcommercial communications,
,,cf;ll:$0iknown
·; '1'" ·" ), '·?? i.:··f'Y1,i.='
,·;,
as "spam" (Par. 6 (c) (3)).
Nor@\rhis provision was declared void and
uneonstttutional. To prohibit the
trs1nsrriissiori of unsolicited ads would deny
q;·person the right to read his emails, even
·,nct"\lll"IIT,:,(1 commercial ads addressed fo
LEOS1:>11'citedadvertisements are
forms of expression (Disini v.
Secretary of Justice, G.R. · No. 203335,
February 11, 2014r
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The unlawful or prohibited acts of libel
as defined in Art. 355 of the RPC, as
amended, committed through a computer
system or any other similar means which
may be devised in the future. Sec ..4(c)(4)
that penalizes online libel is valid and
constitutional with respect to the original
author of the post; but ·void and
unconstitutional with respect to others who
simply receive the post and react to it (Disini
v. Secretary of Justice, G.R. No. 203335,
February 11, 2014).
NOTE: An offender cannot be charged with
both online libel under this ·section of R.A.
No. 10175 and Art. 353 of the RPC as this
constitutes a violation of the proscription
against double jeopardy (Disini v. Secretary
of Justice, G.R. No. 203335, February 11,
2014).
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4. Other Offenses (Sec. 5)
a. Aiding or Abetting in the Commission
of Cybercrime
Any person whowillfully abets or aids in
the commission of any of the offenses
enumerated in this Act shall be held liable
(Par. a).
b. Attempt in the Commission of
Cybercrime
Any person who willfully attempts to
commit any of the offenses enumerate·d in
this Act shall be held liable (Par. b).
NOTE: All crimes defined and penalized by the RPC,
as amended, and special laws, if committed by,
through and with the use of information and
communications technologies shall be covered by
the relevant provisions of this Act. The penalty to be
imposed shall be one (1) degree higher than that
provided for by the Revised Penal Code, as
amended, and special laws, as the tase may be .
(R.A. 10175, Sec. 6). · · · child as defined herein (Par. a (1)).
A prosecution under this Act shall be without
prejudice to any liability for violation of any provision
of the Revi_sedPenal Code, as amended, or special
laws (Sec. 7).
The Court resolved to leave the determination of
the correct application of Section 7 that authorizes
prosecution of the offender µnder ~oth the Revised
Penal Code and Republic Act 10175 to actual cases,
with the exception of the crimes of>
1. Online libel as to which, charging the offender
under both Section 4(c)(4) of Republic Act
10175 and Article 353 of the Revised Penal
Code constitutes a violation of the proscription
against double jeopardy: and
2. Child pornography committed online as to
which, charging the offender under both Section
4(c)(2) of RA No. 10175 and Republic Act 9775
or the Anti-Child Pornography Act of 2009 also
cdnstitutes a violation of the same proscription,
and, in respect to these, is void and
unconstitutional. (Disini v. Secretary of Justice,
G.R. No. 203335, February 11, 2014).
ANTI-CHILD ·
PORNOGRAPHY
ACTOF2009
REPUBLIC ACT NO. 9775
Approved on: November 17, 2009
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Effectivity Clause: This Act shall take effect fifteen
(15) days following its publication in two (2)
newspapers of general circulation (R.A. No. 9775,
Sec. 29).
Topic related to: Crimes Against Persons
DEFINITION OF TERMS (Sec. 3)
Child
A person below eighteen (18) years of age or over,
but is unable to fully take care of himself/herself from
abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or
condition (Par. a).
Further, a "child" shall also refer to:
1. A person, regardless of age, who is presented,
depicted or believed to be a child as defined
herein; and
2. A computer-generated, digitally or manually
crafted images or graphics of a person who is
represeriled or who is made to appear to be a
Child Porno~raphy
Any representation, Whether visual, audio, or written
combination thereof, by electronic, mechanical,
digital; optical, magnetic or any other means, of child
engaged or involved ih real or simulated explicit
sexual activities (Par. b),.
NOT!;: Penalty to be:· imposed shall be one ( 1)
degree ~igher fhan that provided for in Republic Act
No. 9775 if committed through- a computer system
(/RR of R.A. No. 10175, Sec. 4 (c)).
Explicit Sexu,al Activity
tt is· the actual or simulated:
1. Sexual intercourse or tascivious act including,
but not limited to, contact involving genital to
.genital, oral to genital, anal to genital or oral to
anal, whether between persons of the same or
opposite sex;
2. Bestiality;
3. Masturbation;
4. Sadistic or masochistic abuse;
5. Lascivious exhibition of the genitals, buttocks,
breast, pubic area and/or anus; or
6. Use of any object or instrument for lascivious
acts (Par. c).
Internet Address
It is a website, bulletin board service, internet chat
room or news group, or any other internet or shared
network protocol address (Par. d).
Internet Cafe or Kiosk
It is an establishment that offers or proposes to offer
services to the public for the use· of its computer/s or
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computer system for the purpose of accessing the
internet, computer games or related services (Par. ·
e).
Internet Content Host
A person who hosts or who proposes to host internet
content in the Philippines (Par. f).
Internet Service Provider (ISP)
A person or entity that supplies or proposes to
supply, an internet carriage service to the public
(Par. g).
Grooming
It is the act of preparing a child or someone who the
offender believes to be a child for sexual activity or
sexual relationship by communicating any form of
child pornography. It includes online enticement or
enticement through any other means (Par. h).
Luring
It is the act of communicating, by means of a
computer system, with a child or someone who the
offender believes to be a child for the purpose of
facilitating the commission of a sexual activity or
production of any form of child pornography (Par. i).
Pandering
It is the act of offering, advertising, promoting,
representing or distributing through any means any
material or purported material that is intended to
cause another to believe that the material or
purported material contains any form of child
pornography, regardless of the actual content of the·
material or purported material (Par.-j).
Person
Refers to any natural or juridical entity (Par. k).
PUNISHABLE ACTS (Sec. 4):
(P 5 -CHEW-FEK)
1. To froduce, direct, manufacture or create any
form of child pornography;
2. To fublish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or import
· any form of child pornography;
3. To fossess any form of child pornography with
the intent to sell, distribute, publish, or
broadcast: Provided, that possession of three (3)
or more· articles of child pornography of the
same form shall be prima facie evidence of the
intent to sell, distribute, publish or broadcast;
4. For a f arent, legal guardian or person having
custody or control of a child to knowingly permit
the child to engage, participate or assist in any
form of child pornography;
5. To fossess any form of child pornography;
6. To 9_onspireto commit any of the prohibited acts
stated in this section. Conspiracy to commit any
form of child pornography shall be committed
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when two (2) or more persons come to an
agreement concerning the commission of any of
the said prohibited acts and decide to commit it;
7. To Hire, employ, use, persuade, i.nduce or
coerce a child to perform in the creation or
production of any form of child pornography;
8. To 5ngage in the luring or grooming of a child;
9. To Willfully access any form of child
pornography;
10. For film distributors, theaters and
telecommunication companies, by themselves
or in cooperation with other entities, to distribute
any form of child pornography;
11. To 5ngage in pandering of any form of child
pornography; and
12. To ,!Snowingly,willfully and intentionally provide
a v.enue for the commission of prohibited acts
as, but not limited to, dens, private rooms,
cubicles, cinemas, houses or in establishments
purporting to be a legitimate business.
ELEMENTS OF CHILD PORNOGRAPHY:
(CEVE)
1. That there must be representation of a fhild;
NOTE:R.A. No. 9775 does not cover adult
pornography. If the person engaged in real or
simulateh explidt sexual activities is an adult,
R.A. ~o. 9208 (Trafficking in Persons Act)
applies (f CAMPANILLA, Special Penal Laws
(2010), p. 141 [hereinafter I CAMPANILLA,
SPf.]),.
2. That the child is 5ngaged or involved in real or
simulated explicit sexual activities;
,,. liOJJf:i"Explicit sexual conduct" connotes actual
depiction of the sex act rather than merely the
suggestion that it is occurring. "Simulated"
sexual intercourse is not sexual intercourse that
is merely suggested, but rather sexual
intercourse that is explicitly portrayed, even
though (through camera tricks or otherwise) it
may not actually occurred. The portrayal must
cause a reasonable viewer to believe that the
actors actually engaged in that conduct on the
camera (Id. at 143-144).
3. That the representation of the child may be
~isual, audio, or written form or combination
thereof; and
4. That the representation of the child is by
glectronic, mechanical, digital, optical, magnetic
or any other means (Id. at 141).
NOTE: A person who hires, employs or uses a child
to engage in live sexual performance or showing in
internet chat rooms, may be held liable either for
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trafficking in persons under R.A. No. 9208 O( for
child pornography under R.A. No. 9775.
SYNDICATED CHILD PORNOGRAPHY
(Sec. 5)
The crime of child pornography is deemed
committed by a syndicate if carried out by a group of
three (3) or more persons conspiring or
confederating with one another and shall be
punished with the penalty of reclusion perpetua and
a fine not less than two million pesos (Php
2,000,000) but no! more than five million pesos (Php
5,000,000).
WHO MAY FILE A COMPLAINT (Sec. 6):
(P2A2BL2O3)
1. farents or guardians;
2. Any ferson who has personal knowledge of the
circumstances of the commission of any offense
under this Act; ..
3. ascendant or collateral relative wttflin)he tbird
degree of consanguinity; ".
4. At least three (3) concerned responsibte,cltizen~
residing in the place wnere the violation
occurred; · ··
5. Barangay chairman; ... . person/s has/tiave a: reasonable expectation of
6. [ocal social welfare dev~lopr:neptofficer;.
7. Any ,baw enforcement offiper; .' · broadcasting, snaring,· showing or exhibiting the
8. Officer, social worker 1or representative of a
licensed child-caring ini:Mµtfon; \ act or simHar activity ttirough VCD/DVD, internet,
9. Officer or social worker bf the' OSWO;··
10. Offended party.
APPOINTMENT Of , SPE'CtAL
PROSECUTORS (Sec. 7)
The DOJ shall appoint or design~te ·" ·spe,ctal•
prosecutors to prosecute cases for ·the-violation 'Of
this Act. · It refers to the"nakedor undergarment clad genitals,
JURISDICTION (Sec. 8)
Family Court which has territorial jurisdiction over the
place where the offense or any of its essential
elements was committed.
The right to privacy of the child shall be ensured at
any stage of the investigation, prosecution and trial
(Sec. 13)._
Effectivity Clause: This Act shall take effect fifteen
( 15) days after its complete publication in the Official
Gazette or in two(2) newspapers of general
circulation (R.A. No. 9995, Sec. 10).
. Topic related to: Crimes Against Chastity
DEFINITION OF TERMS (Sec. 3)
- Broadcast
It is to make public, by any means, a visual image
with the intent that it be viewed by a person or
persons (Par. a).
Capture
It is to videotape, photograph, film, record by any
means, or broadcast an image (Par. b).
Female Breast
It refers to any portion of the female breast (Par. c).
Photo or"\l.ideo Voyeurism
lt'is ttie acfof taking photo or video coverage of a
. person orgro1,1p Qf persons performing sexual act or
. ..any sirhtlar activity or of capturing an image of the
private area· of a 'jierson or persons without the
latter's consept, under circumstances in which such
privacy, or the actof s~lling, copying, reproducing,
photo orvideo cqverage.or recordings of such sexual
cellular phones andsimilar means ur device without
the written conse'nt 'of the person/s involved,
n9twitrysfandirygthat consent to record or take photo
. or video coverage i>f same was given by such
. person/s(Par. d).
Privat&Area"ofa Person
pubic area, buttocks or female breast of an individual
(Pat. e).
Under Circumstances in which a Person has a
Reasonable Expectation of Privacy
Belief 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 (Par. f).

ANTI-PHOTO AND VIDEO PUNISHABLE ACTS (Sec. 4): (TCSP)

VOYEURISM ACT OF 2009 1. To Iake photo or video coverage of a person or
REPUBLIC ACT NO. 99-95 group of persons performing sexual act or any
similar activity or to capture ·an image of the
private area of a person/s such as the naked or
undergarment clad genitals, pubic area,
Approved on: February 15, 2010 buttocks or female·breast without the consent of

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the person/s involved and under circumstances
in which the person/s has/have a reasonable
expectation of privacy (Par. a);
NOTE: Secretly capturing the image of the
private part of a woman urinating in a public
comfort room with the use of a hidden camera is
a violation of Sec. 4 (a). The woman has 2
reasonable expectation of privacy since she
believed that she could disrobe in privacy inside
the comfort room, without being concerned that
her private area was being captured (I,
CAMPANILLA, SPL, supra at 313).
Taking photo coverage of a nude child. without
her consent may constitute child abuse under
Sec. 1O (a) of RA 7610. Taking video coverage
of a woman with whom the offender has/had
marital, sexual, or dating relationship, may
constitute psychological violence fR violation of
Sec. 5 (i) of RA 9262 (Id.).
2. · To Copy or reproduce, or to cause to be copied.
or reproduced, such photo or video or recording
of sexual act or any similar activity with or
without consideration (Par. b);
3. To Sell or distribute, or cause to be -sold or
distributed, such photo or video or recording of
sexual act, whether it be the original copy or
reproduction thereof (Par. c); or · .
4. To Publish or broadcast, or cause to be
published or broadcast, whether in print or
broadcast media, or show or exhibit the photo or
video coverage or recordings of such Sf:!Xualact
or any similar activity through VCD/DVD;
internet, cellular phones and other similar means
or device (Par. d).
NOTE: The prohibition under Nos. 2, 3, and 4 shall
apply notwithstanding that consent to record_or take
photo or video coverage of the same was given by
such person/s. Any person who violates this
provision shall be liable for photo or video voyeurism
as defined herein (Par. 5).
EXEMPTION (Sec. 6)
Any peace officer, who is authorized by a written
order of the court, to use the record or any copy
thereof as evidence in any civil, criminal investigation
or trial of the crime-of photo or video voyeurism.
Provided, that such written order shall only be issued
or granted upon_;(AGE) . .
1. Written Application and the examination under
oath or -affirmation of the applicant and the
witnesses he/she may produce;
2. Showing that there are reasonable Grounds to
believe that photo or video voyeurism has been
committed or is about to be committed; and
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3. That the Evidence to be obtained is essential to
the conviction of any person for, or to the
solution or prevention of such, crime.
INADMISSIBILITY OF EVIDENCE (Sec.
7)
Any record, photo or video, or copy thereof, obtained
or secured by any person in violation of the
preceding sections shall not be admissible in
evidence in any judicial, quasi-judicial, legislative or
administrative hearing or investigation.
NOTE: A .video coverage of a nude woman dancing
in a disco pub may be used by the policeman, who
took it as evidence in a preliminary investigation
case i~volving trafficking in persons. The same is
admissible in evidence since it was not taken in
violation of RA 9995 ..The woman has no reasonable
expectation of privacy in such place where she w~s
hired to dance nude. Written order contemplated m
Sec. 6 is not needed since the investigation does not
involve the crime of photo or video voyeurism (I
CAMPANILLA, SPL, supra at 314).
,:AN'fl-SEXUAL
HAR'5SMENT ACT OF 1995
REPUBLIC ACT NO. 7877
·Appro;!~{tJi~i~~ 14, 1995
Effectivity Date: March 5, 1995
i:;\{i~t,J*d
to: Crimes Against Chastity
WORK, EDUCATION OR TRAINING-
RELATED SEXUAL HARASSMENT
Committed oy an employer, employee, manager,
supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any .
other person who, having authority, influenc~ . 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 (Sec. 3).
Sexual harassment engenders three-fold liability:
criminal, to address the wrong committed against
society itself; civil, to address the private ,wrong
against the offended party; and administrative, to
protect the public service (Escandor v. People, G.R.
No. 211962, July 6, 2020).
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It may be committed by one having Authority,
Influence or Moral ascendancy {AIM) over another in
a work, or training or education environment against
the person over whom the influence or moral
ascendancy is exerted. In an education or training
environment in particular, the law expressly provides
that it may be committed against "one who is under
the care, custody or supervision of the offender'' or
"against one whose •education, training,
apprenticeship or tutorship is entrusted to the
offehder." (Sec. 3, Par. b (1) and (2)).
ELEMENTS OF THE CRIME OF SEXUAL
HARASSMENT:
1. That the offender has authority, influence or
moral ascendancy over the victim in a work,
training, or education environment; and
NOTE: The gravamen of the offense in sexual
harassment is not the violation of the employee's
sexuality but the abuse of power by the
employer. Any employee, mc;1leer female, may
rightfully cry "foul" provided the claim .is'Well
substantiated. Strictly, speaking, there iSno .time
period within which he or she is ;expected .to
complain through the proper chaMels. 'The time
to do so may vary depending upon the needs,
circumstances, and giore;,, i,n1portantly, the
emotional threshold of the".employee (Philippine
Aeolus Automotive United C,Qf'poration\,. NLRC; ..
G.R. No. 124617, Apri/28,2000).. . .
2. The offender demands, reque~ts or otherwise
requires any sexual favor from the· victim (I
CAMPANILLA, SPL, supra at 51) . ..
NOTE: It is not necessary 'that the demand~
request, or requirement of a se.xual favo·r be
articulated in a categorical oral or !written
statement. It may be discerned, with..,~!'.lual
certitude, from the acts of the offender (Bacsin
v. Wahiman, G.R. No. 146053, April 30, 2008).
Sweetheart defense cannot be upheld in favor of
offender in sexual harassment case · (I
CAMPANILLA, SPL, supra at 52).
PERSONS LIABLE (Sec. 3):
1. Principal by Direct Participation; and .
2. "Principals by Inducement and Indispensable
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.
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SPECIAL.PENALLAWS
CriminalLaw
WHEN PUNISHABLE:
1. In a work-related or employment
environment:
a. The sexual favor is made as a condition in
the hiring or in the employment, re-
employment or continued employment of
said individual, or in granting said individual
favorable compensation, terms, conditions,
promotions, or privileges; or the refusal to
grant the sexual favor results in limiting,
,segregating or classifying the employee
which in any way would discriminate,
deprive or diminish employment
opportunities or otherwise adversely affect
said employee;
b. The above acts would impair the employee's
rights or privileges under existing labor laws;
or ·
c. The above acts wouid result in an
intimidating, hostile, or offensive
environment for the employee (Sec. 3, Par.
a).
NOT!;: .Sexual. harassment in the workplace is
riot about a mahtaking advantage of a woman
by reason' 9f sexµal desire - it is about power
being exet;cised by a superior over his women
subordinates; ihat; power emanates from the
fact that he can remove them if they refuse his
amgrous acfvanc:esi (Alegria v. Judge Duque,
A.Md.Jo. R-PJ-06-2019, April 4, 2007).
2. In ah ~d·u~tl~n or training-r~lated
. environment:
a::- Against one 111/ho is under the care, custody
or supervision of the offender;
b .. Agciinst .one whose education, training,
·apprel'\tlceship or tutorship is entrusted to
\ the offender;
( :when the sexual favor is made a condition
to the giving of a passing grade, or the
granting of honors and scholarships, or the
payment of a stipend, allowance or other
benefits, privileges, or consideration; or
d. When the sexual advances result in an
intimidating, hostile or offensive
environment for . the student, trainee
or apprentice (Sec. 3, Par. b).
CASES:
1. Quid pro quo cases
Whenever "sexual favor is made as a
condition in the hiring or in the employment, re-
employment or continued employment of said
individual, or in granting said individual favorable
compensation, terms, conditions, promotions, or
privileges" or when "the sexual favor is made a
condition to the giving of a passing grade, or the
granting of honors and scholarships or the
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E ff \ 1 -

MEK-Q-:RY
AID
San Seda UnlversityCol/age of Law - RGCTBar Operations Center

payment of a stipend, allowance or other prevent incidents of sexual harassment. It

benefits, privileges or considerations." This is shall also conduct the investigation of
also present .whenever the refusal to grant alleged cases constituting sexual
sexual favor "would impair the employee's right harassment.
or privileges under existing labor law" (Sec. 3,
Par. a (2)).

2. Hostile Environment Cases

This covers the cases mentioned in the
second part of Section 3(a)(1) which include Committee shall be Committee - shall be
cases where the "refusal to grant the sexual composed of at least composed of at least one
favor results in limiting, segregating or one ( 1) representative ( 1) representative from
classifying the employee which in any way would each from the the administration, the
discriminate, deprive or diminish employment management, the trainors, instructors,
opportunities or otherwise adversely affect said union, if any, the professors or coaches
employee." employees from and students or trainees,
the supervisory rank, as the case may be.
There is also a hostile environment case and from the rank and
whenever the solicitation of sexual favors or file employees.
refusal to grant the same "would result in an
intimidating, hostile, or offensive environment for
c. To disseminate or post a copy of this Act for
the employee. (Sec. 3, Par. a (3)).
the information of all concerned.
In an education or training environment, a hostile
environment is present "when the sexual LIABILITY OF THE EMPLOYER, HEAD
advances result in an intimidating, hostile or OltQFFJce, EDUCATIONAL OR
offensive environment for the student, trainee or TRAINING INSTITUTION (Sec. 5)
apprentice" (Sec. 3, Par. b (4)). The employer or head of office, educational or
training institution shall be solidarity liable for
DUTIES OF THE EMPLOYER OR HEAD damages .arising from the acts of sexual
OF . OFFICE IN A WORK-RELATED, harassm~nt committed in the employment,
EDUCATION OR TRAINING education or training environment if the employer
ENVIRONMENT (Sec. 4): or h'ead ?of office, educational or training
institution'' is'foformed of such acts by the
1. To prevent or deter the commission ofacts of offended party and no immediate action is taken.
sexual harassment; and
2. To provide the procedures for the
·. INIJEPE.NDENTACTION FOR DAMAGES
resolution, settlement or prosecution of acts of
sexual harassment. Toward this end, they $hall: (Sec. 6)
a. Promulgate rules for administrative Nothing in law precludes the victim of sexual
sanctions: Promulgate appropriate rules and harassment from instituting . a separate and
regulations in consultation with and jointly independent action for damages and other
approved by the employees or students or affirmative relief.
trainees, through their duly .designated
representatives, prescribing the procedure PENALTIES (Sec. 7):
for the investigation of sexual harassment 1. Imprisonment of not less than one (1) month nor
cases. and the administrative more than six (6) months;
sanctions therefore. 2. Fine of not less than Ten thousand
pesos (P10,000) nor more than Twenty
NOTE: Administrative sanctions shall not be thousand pesos (P20,000); or
a bar to prosecution in the proper courts for 3. Both such fine and imprisonment at the
unlawful acts of sexual harassment. discretion of the cpurt.

b. Create a committee on decorum and PRESCRIPTION (Sec. 7)

investigation of cases on sexual
harassment. The committee shall conduct Any action arising from the violation of the provisions
meetings, as the case may be, with officers of this Act shall prescribe in three (3) years.
and employees, teachers, instructors,
professors, coaches, trainors, and students
or trainees to increase understanding and

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474
()
ANTI-TRAFFICKING IN
PERSONS ACT OF 2003
REPUBLIC ACT NO. 9208,
AS AMENDED BY
REPUBLIC ACT NO. 10364
Approved on: May 26, 2003 ·
Effectivity Date: June 19, 2003
Topics related to: Crimes Against Public Morals;
Crimes Against Personal Liberty and Security; and
Crimes Against Chastity.
DEFINITION OF TERMS (Sec. 3)
Trafficking in Persons
It is the recruitment, obtaining, hiring, providing,
offering, transportation-, transfer, maintaining,
harboring, or receipt of persons with or without the
victim's consent or knowledge, within or across
national borders by means of threat or.useof force,
or other forms of coercion, abduction, fraud,
deception, abuse of power Or of position, taking
advantage of the vulnerability of the person, or the
giving or receiving of payments or benefits to
achieve the consent of a person having control over
another person for the purpose of exploitaUc;mwhich
includes at a minimum, the exploitation or the
prostitution of others or other forms of.
sexual
exploitation, forced labor. or··· services,. slavery,
servitude, or the removal or sale of organs.
It also refers to the recruitment, transportation,
transfer, harboring, adoption, or receipt of a child for
the purpose of exploitation or when the acloption is
induced by any form of consideration for exploitative
purposes even if it does not involve any of the means
set forth in the preceding paragraph (Par. a).
Child
A person below eighteen (18) years of age or one
who is over eighteen (18) but is unable to fully take
care of or protect himself/herself from abuse,
neglect, cruelty, exploitation, or discrimination
because of a physical or mental disability or
condition (Par. b).
Prostitution
It is any act, transaction, scheme, or design involving
the use of a person by another, for sexual
intercourse or lascivious conduct in exchange for
money, profit, or any other consideration (Par. c).
Forced Labor
It is the extraction of work or services from any
person by means of enticement, violence,
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SPECIALPENALLAWS
Criminal Law
intimidation or threat, use of force or coercion, ·
including deprivation of freedom, abuse of authority
or moral ascendancy, debt-bondage, or deception
(Par. d).
Slavery
It is the status or condition of a person over whom
any or all of the powers attaching to the right of
ownership are exercised (Par. e).
Sex Tourism
It is a program organized by travel and tourism-
related establishments and individuals which
consists of tourism packages or activities utilizing
and offering escort and sexual services as
enticement for tourists. This includes sexual services
and practices offered during rest and recreation
periods for members of the military (Par. g).
Sexual Exploitation
It is the participation by a person in prostitution or the
production of pornographic materials as a result of
being subjected to a threat, deception, coercion,
abduction, force, abuse of authority, debt bondage,
fraud, or through abuse of a victim's vulnerability
(Par. h).
Debt Bondage
It is the pledging by the debtor of his/her personal
servicesor labor or those of a person under his/her
control as security dfpayment for a debt, when the
length and nature of services is not clearly defined
or when the value of,the services as reasonably
assessed is not applie.d toward the liquidation of the
debt (Per. i). ·
Pornography
It is · any , repfesentation, through publication,
exhibition, cinematography, indecent shows,
informatiorr technology, or by whatever means, of a
person engaged in real or simulated explicit sexual
activities or any representation of the sexual parts of
a person for primarily sexual purposes (Par. j).
PUNISHABLE ACTS:
1. Acts of Trafficking in Persons (Sec. 4, as
amended by RA 10634): (RIO-UMAFO-AC-
BO)
a. To Becruit, obtain, hire, provide, offer,
transport, transfer, maintain, harbor, or
receive a person by any means, including
those done under the pretext of domestic or
overseas employment or training or
apprenticeship, for the purpose of
prostitution, pornography, or sexual
exploitation;
b. To Introduce or match for money, profit, or
material, economic or other consideration,
any person or, as provided for under RA
6955, any F\lipino woman to a foreign
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\ I
MEM✓Q~Y AID
San Seda UnlveraltyCollege Of Law - RGCTBar OperationsCenter
national, for marriage for the purpose of
acquiring, buying, offering, selling or trading
him/her to engage in prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt
bondage;
c. To Offer or contract marriage, real or
simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to
engage in prostitution, pornography, sexual
exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
d. To Y.ndertake or organize tours and travel
plans consisting of tourism packages or
activities for the purpose of utilizing and
offering persons for prostitution,
pornography or sexual exploitation;
e. To Maintain or hire a person to engage in
prostitution or pornography;
f. To Adopt persons by any form of
consideration for exploitative purposes or to
facilitate the same for purposes of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
g. To adopt or facilitate the adoption of
persons for the purpose of prostitution,
pornography, sexual exploitation, forced .
labor, slavery, involuntary servitude or debt
bondage;
h. To recruit, hire, adopt, transport, transfer,
obtain, harbor, maintain, provide, offer,
receive or abduct a person, by means of
threat or use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose of
removal or sale of Organs of said person;
i. To recruit, transport, obtain, transfer, harbor,
maintain, offer, hire, provide, • receive or
adopt a child to engage in Armed activities
in the Philippines or abroad;
j. To recruit, transport, transfer, harbor, obtain,
maintain, offer, hire, provide or receive a
person by means defined in Section 3 for
purposes of forced labor, slavery, debt
bondage and involuntary servitude,
including a scheme, plan, or pattern
intended to ~ause the person either:
i. To believe that if the person did not
perform such labor or services, he or
she or another person would suffer
serious harm or physical restraint; or
ii. To abuse or threaten the use of law or
the legal processes; and
k. To recruit, transport, harbor, obtain, transfer,
maintain, hire, offer, provide, adopt or
receive a child for purposes of exploitation
or trading them, including but not limited to,
the act of baring and/or selling a child for any
consideration or for ~arter for purposes of
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exploitation. Trafficking for purposes of
exploitation of children shall include:
i. All forms of slavery or practices similar
to slavery, involuntary servitude, debt
bondage and forced labor, including
recruitment of children for use in armed
conflict;
ii. The use, procuring or offering of a child
for prostitution, for the production of
pornography, or for pornographic
performances;
iii. The use, procuring or offering of a child
for the production and trafficking of
drugs; and
iv. The use, procuring or offering of a child
for illegal activities or work which, by its
nature or the circumstances in which it
is carried out, is likely to harm their
health, safety or morals; and
I. To Organize or direct other persons to
commit the offenses defined as acts of
trafficking.
·· ' 2. Attempted Trafficking in Persons (Sec. 4-
j\, as am,ended by RA 10634)
;....: There are acts to initiate the commission of
a 't~M'fic::k1ogoffense under Section 4 but the
offender ·•failed to or did not execute all the
elements orthe crime, by accident or by reason
of some cause other than voluntary desistance,
such overt acts shall be deemed as an attempt
to commit an act of trafficking iri persons.
NOTE: Jrtcases where the.victim is a child, any
of the following acts shall also be deemed as
attempted trafficking in persons: (FERS 2 )
!,ii\ ;r;i.fa~ilitating the travel of a child who travels
· ···alone to a foreign country or territory without
valid reason therefor and without the
required clearance or permit from the
Department of Social Welfare and
Development, or a written permit or
justification from the child's parent or legal
guardian;
b. gxecuting, for a consideration, an affidavit of
consent or a written consent for adoption;
c. ,Becruiting a woman to bear a child for the
purpose of selling the child;
d. §.imulating a birth for the purpose of selling
the child; and
e. §.oliciting a child and acquiring the custody
thereof through any means from among .
hospitals, clinics, nurseries, daycare
centers, refugee or evacuation centers, and
low-income families, for the purpose of
selling the child. ·
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3. Acts that Promote Trafficking in Persons
(Sec. 5, RA 9208 as amended by Sec. 8, RA
10634): (LPA 2 -FC-BDe 2 U)
a. To knowingly !,_ease or sublease, use or
allow to be used any house, building or
establishment for the purpose of promoting
trafficking in persons;
b. To f.roduce, print and issue or distribute
unissued, tampered or fake counseling
certificates, registration stickers and
certificates of any government agency which
issues ttiese certificates and stickers as
proof of compliance with government
regulatory and pre-departure requirements
for the purpose of promoting trafficking in
persons;
c. To ,Advertise, publish, print, broadcast or
distribute, or cause the advertisement,
publication, printing, broadcasting or
distribution by any means, including tbe use
of information technology and the internet,
of any brochure, flyer, or any propaganda
material that promotes trafficking in persons;
d. To ,Assist in the condutt of
misrepresentation or fraud fdr purposes of
facilitating the acquisition Qf clearances and
necessary exit documents from government
agencies that are mandated to provide pre-
departure registratlon and services for
departing persons for the purpose of
promoting trafficking in persons;
e. To facilitate, assist or help in the exit and
entry of persons from/to · the country at
international and local airports, territorial
boundaries and seaports who are in
possession of unissued, tampered . or
fraudulent travel documents for the purpose
of promoting trafficking in persons;
f. To ~onfiscate, conceal, or destroy the
passport, travel documents, or• personal
documents or belongings of trafficked
persons in furtherance of trafficking or to
prevent them from leaving the country or
seeking redress from the government or
appropriate agencies;
g. To knowingly ~enefit from, financial or
otherwise, or make use of, the labor or
services of a person held to a condition of ,
involuntary servitude, forced labor, or
slavery,
h. To tamper with, destroy, or cause the
Destruction of evidence, or to influence or
attempt to influence witnesses, in an
investigation or prosecution;
i. To Destroy, conceal, remove, confiscate or
possess, or attempt to destroy, conceal,
remove, confiscate or possess, any actual
or purported passport or other travel,
immigration or working permit or document,
or any other actual or purported government
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SPECIALPENALLAWS
Criminal Law
identification, of any person in order to
prevent or restrict, or attempt to prevent or
restrict, without lawful authority, the person's
liberty to move or travel in order to maintain
the labor or services of that person; or
j. To Y,tilize his or her office to impede the
investigation, prosecution ·or execution of
lawful orders.
4. Qualified Trafficking in Persons (Sec. 6,
RA 9208 as amended by Sec. 9, RA 10634):
(CASA-PM-AIDS-60M)
a. When the trafficked person is a ~hild;
b. When the ,Adoption is effected through RA
8043, otherwise known as the "Inter-Country
Adoption Act of 1995" ahd it is for the
purpose of prostitution, pornography, sexual
exploitation,· forced labor, slavery,
involuntary servitude or debt bondage;
c. When the crime is committed by a
~yndicate, or in large scale;
NOTE:Trafficking is deemed committed by
a syn(licate if carried out by a group of three
(3) or more persons conspiring or
confederating with one another. It is deemed
committed in • large scale if committed
against three (3) or more persons,
individually·or as a group.
d. When the.offender is an Ascendant, parent,
sibling, guardiap or a person who exercises
authority over the trafficked person or when
the offense is committed by a public officer
or employee 1
e. When the trafficked person is recruited to
engage in f_rostitution with any member of -
the military or law enforcement agencies;
f. · When' the offender is a member of the
Military or law enforcement agencies; ano
· -g. When by reason or on occasion of the act of
trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or
is afflicted with Human Immunodeficiency
Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS).
h. When the offender commits one or more
violations of Section 4 over a ·period of sixty
(60) or more days, whether those days are
continuous or not; and
i. When the offender directs or through
another Manages the trafficking victim in
carrying out the exploitative purpose of
trafficking.
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M \ I

MEM:Q~YAID
San Seda Univarsity College of law - RGCT Bar Operations Center

WHO MAY FILE COMPLAINT FOR
TRAFFICKING (Sec. 8): (CAT-PLS 2)
1. ~ny person who has personal knowledge of the
commission of any offense under this Act
2. Irafficked person;
3. farents;
4. §.pause;
5. §.iblings;
6. ~hildren; and
7. ,begal guardian.
PRESCRIPTIVE PERIOD
Trafficking cases under this Act shall prescribe in ten
(10) years; Provided, however, that trafficking cases
committed by a syndicate or in a large scale, or
against a child, shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from
the day on which the trafficked person is delivered or
released from the conditions of bondage, or in the
case of a child victim, from the day the child reaches
the age of majority, and shall be interrupted by the
filing of the complaint or information and shall
commence to run again when the proceedings '
termil")ate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason
not imputable to the accused (Sec. 12).
ANTI-VIOLENCE AGAINST
WOMEN AND THEIR
CHILDREN ACT OF 2004
REPUBLIC ACT NO. 9262
illegitimate, within or without the family abode
(Par. a).
NOTE: Lesbian partner covered by R.A. No. 9262.
Clearly, the use of the gender-neutral word "person"
who has or had a sexual or dating relationship with
the woman encompasses even lesbian relationships
(Garcia vs. Ori/on, G.R. No. 179267, June 25, 2013).
Children
They are those below eighteen (18) years of age, or
older, but are incapable of taking care of themselves,
as defined under R.A. No. 7610. The term includes
the biological children of the victim and other children
under her care (Par. h).
Dating Relationship
It is a situation wherein the parties:
1. Live as husband and wife without the benefit of
marriage; or
2. Are romantically involved over time and on a
continuing basis duririg the course of the
relationship.
A casual acquaintance or ordinary socialization
eetvJeen
.two'..individuals in a business or social
contexfis riota dating relationship (Par. e).
The law did not use in its provisions the colloquial
verb "romance" that implies a sexual act. It did not
say that the offender must have "romanced" the
offended woman. Rather, it used the noun
''romance~ 0
to"<f~b~ 1a couple's relationship, i.e., "a
love affafr1'(An{tV. Sagud, G.R. No. 182835, April
20, 2010).
:S~x-..-Relations
single
It is a sexual act which may or may not result
.

in the bearing of a common child (Par. f).

Approved on: March 08, 2004
Effectivity Date: March 27, 2004 DATING RELATIONSHIP AND SEXUAL
RELATIONS, DISTINGUISHED
Topics related to: Justifying Circumstances;
Crimes against Persons. DAtEIN~ SEl!l:J'Allii
REtiiAJPIONS
REL.iATIONSRI~ tSec. '3(f}}
DEFINITION OF TERMS (Sec. 3) (Sec.l(el .
Violence against Women and their Children Can exist even without a Refers to a single
It is any act or a series of acts which result in or is sexual intercourse sexual act which may
likely to result in physical, sexual, psychological taking place between or may not result in the
harm or suffering, or economic abuse including those involved. bearing of a common
threats of such acts, battery, assault, coercion, child.
harassment, or arbitrary deprivation of liberty
committed by any person against: (Wi 2 Re-CoC) (Ang v. Sagud, G.R. No. 182835, April 20, 2010).
1. A woman who is his:
a. Wife; . On-and-off relationships
b. Former Wife; An "away-bati" or a fight-and-kiss thing between two
c. A woman with whom the person has or had lovers is a common occurrence. Their taking place
a sexual or dating Relationship; does not mean that the romantic relation between
2. A woman with whom he has a Common child; the two should be deemed broken up during periods
3. Against her ~hild whether legitimate or

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of misunderstanding (Ang v. Sagud, G.R. No.
182835, April 20, 2010).
Physical Violence
It refers to ;:icts that include bodily or physical harm
(Par. a (A)).
Battery
It is an act of inflicting physical harm upon the
woman or her child, resulting to the physical and
psychological or emotional distress (Par. b).
Battered Woman Syndrome (BWS)
It is the scientifically defined pattern of psychological
and behavioral symptoms found in women living in
battering relationships as a result of cumulative
abuse (Par. c).
In any event, the existence of BWS in a relationship
does not in itself establish the legal right of the
woman to kill her abusive partner. Evidence must still
be considered in the context of self-defense.
Unlawful aggression is the most essential element of
self-defense. It presupposes actual, sudden and
unexpected attack -- or an imminent dal)ger thereof
-- on the life or safety of a person. The Supreme
Court did not consider BWS as a self-defense in the
case of People v. Genosa because there was a
sufficient time interval between the unlawful
aggression. However, the Suprem, Court ruled that
the mitigating circumstances of psychological
paralysis, which was analogous to an illne.ss
diminishing the exercise of her: will power without
depriving her of consciousness of-.her acts, and
passion and obfuscation are present ( G,R. No.
135981, January 15, 2004).
Sexual Violence
It is an act which is sexual in nature,· committed
pgainst a woman or her child; includes, but is not
limited to: (RAP)
1. ,Rape, sexual harassment, acts of
lasciviousness, treating a woman or her child as
a ~ex 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 tt,e same room with
the abuser;
2. Acts causing or attempting to cause the victim to
engage in any sexual activity by force, threat of
force, physical or other harm, or threat of
physical or other harm or coercion; or
3. frostituting the woman or child (Sec. 3, Par. a
(8)).
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SPECIAL PENAL LAWS
Criminal Law
Psychological Violence
It refers to acts or omissions causing or likely to
cause mental or emotional suffering of the victim
such as but not limited to: (IHS-DPR-MPD)
1. !ntimidation
2. .!::!arassment
3. §.talking
4. Qamage to property
5. f.ublic ridicule or humiliation
6. Repeated verbal abuse and mental infidelity
7. Witness the physical, sexual or psychological
abuse of a Member of the family to which the
victim belongs
8. Witness f.ornography in any form or to witness
abusive injury to pets
9. Unlawful or unwanted Qeprivation of the right to
custody and/or visitation of common children
(Sec. 3, Par. a (C)).
Economic Abuse
It refers to acts that make or attempt to make a
WQmanfinancially dependent which include~, but is
not limited to the following: (WiD 2 Co) .
1. Withdrawal of financial support or preventing the
victim . from engaging in any legitimate
profession, occupation, business, or activity,
except in, cases . wherein the other spouse/
partner objects on valid, serious, and moral
grounds as defined in Art. 73 of the Family Code;
2. Qeprivation or threat of deprivation of financial
resources . ari'd lhe right to the use and
enjoyment , of the: conjugal, community or
property owned in common;
3. Qestroying'household property; and
4. Controlling the victims' own money or
properties, or solely controlling the conjugal
mo_neyor properties (Sec. 3, Par. a (0)).
ELEMENTS: (RAD)
1 . The offender has or. had a sexual or dating
,Relationship with the offended woman;
2. The offender, by himself or through another,
commits ah Act or series of acts of harassment
against the woman; and
3. The harassment alarms or causes substantial
emotional or psychological Qistress to her (Ang
v. Sagud, G.R,. tyo. 182835, April 20, 2010).
A single act of harassment is enough to convict
an offender
Sec. 3(a) of R.A. No. 9262 punishes "any act or
series of acts" that constitutes violence against
women. This means that a single act of harassment,
which translates into violence, would be enough.
The. object of the law is to protect women and
children. Punishing only violence that is repeatedly
committed would license isolated ones (Ang v.
Sagud, G.R. No. 182835, April 20, 2010).
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MEK✓Q~Y AID
sanSeda UniversityCollegeof Law - RGCTBar OperationsCenter
Not indispensable that the act of violence be a
consequence of the dating or sexual relationship
While it is required that the offender has or had a
sexual or dating relationship with the offended
woman, for R.A. No. 9262 to be applicable, it is not
indispensable that the act of violence be a
consequence of such relationship (Dabalos v.
Quiambao, G.R. No. 193960, January 7, 2013).
That the dating relationship ceased prior to
violence is NOT a defense
It is immaterial whether the relationship had ceased
for as long as there is sufficient evidence showing
the past or present existence of such relationship
between the offender and the victim when the
physical harm was committed (Dabalos v.
Quiambao, G.R. No. 193960, January 7, 2013).
PUNISHABLE ACTS (Sec. 5):
(TAPA- IC3 E)
The crime of violence against women and their
children is committed through any of the following
acts:
1. Ihreatening to cause the woman or her child
physical harm;
2. Attempting to cause the woman or her child
physical harm;
3. flacing the woman or her child in fear of
imminent physical harm;
4. Attempting to compel or compelling the woman
or her child to engage in conduct which the
woman or her child has the right to desist from
or desist from conduct which the woman or her
child has the right to engage in, or attempting to
restrict or restricting the woman's or her child's
freedom of movement or conduct by force or
threat of force, physical or other harm or threat
of physical or other harm, or intimidation directed
against the woman or child. ·
This shall include, but not limited to, the following
acts committed with the purpose or effect of
controlling or restricting the woman's or her
child's movement or conduct: (CFLP)
a. Threatening to deprive or actually depriving
the woman or her child of ~ustody to her/his
family;
b. Depriving or threatening to deprive the
woman or her children of financial support
legally due her or her family, or deliberately
providing the woman's children insufficient
financial, support;
c. Depriving or threatening to deprive the
woman or her child of a ,begal right; or
d. Preventing the woman in engaging in any
legitimate frofession, occupation, business
or activity or controlling the victim's own
money or properties, or solely controlling the
conjugal or common money, or properties.
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5. !nflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions
or decisions;
6. ~ausing physical harm to the woman or her
child;
7. ~ausing or attempting to cause the woman or
her child to engage in any sexual activity which
does not constitute rape, by force or threat of
force, physical harm, or through intimidation
directed against the woman or her child or
her/his immediate family;
8. ~ausing mental or emotional anguish, public
ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support
or custody of minor children of access to the
woman's child/children; and
9. gngaging in purposeful, knowing, or reckless
conduct, personally or through another, that
alarms or causes substantial emotional or
psychological distress to the woman or her child.
This shall include, but not limited to the following
acts: (SPEED)
a. §.talking or following the woman or her child
Jn pt.lblic or private places;
''; ··~ ,;:·
NOTE: Stalking refers to an intentional act
committ~d by a person who, knowingly and
without ,lawful justification, follows the
woman or her child, or places the woman or
her Child under surveillance directly or
,pr
.in1~•f~ljr ,, a combination thereof (1
FEESTIN,'SPL, supra at 122).
fearing in the window or lingering outside
.tt1gresidence of the woman or her child;
!;_nteringor remaining in the dwelling or on
the property of the woman or her child
against her/his will;
d. gngaging in any form of harassment or
violence; and
e. Qestroying the property and personal
belongings or inflicting harm to animals or
pets of the woman or her child.
PROTECTION ORDERS (Sec. 8)
A protection order is an order issued under this act
for the purpose of preventing further acts of violence
against a woman or der child specified in Section 5
and granting other necessary relief.
The relief granted under a protection order is for
safeguarding the victim from further harm,
minimizing any disruption in the victim's daily life,
and facilitating the opportunity and ability of the
victim to independently regain control over her life.
The provisions of the protection order are enforced·
by law enforcement agencies.
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NOTE: A Temporary Protection Order cannot be
issued in favor of a man against his wife under R.A.
9262. RA 9262 is specifically applicable to "women
and their children," not to men. Thus, while the TPO
may be justified with respect to the protection
accorded the minor, the same is not legally tenable
with respect to men ( Ocampo vs. Judge Arcaya-
Chua, A.M. No. OCA /Pl No. 07-2630-RTJ, April 23,
2010).
BWS AS A DEFENSE (Sec. 26)
Victim-survivors who are found by the courts to be
suffering from Battered Woman Syndrome do not
incur any criminal and civil liability, notwithstanding
the absence of any of the elements for justifying
circumstances of self-defense under the RPC.
The courts shall be assisted by expert psychiatrists/
psychologists in determining the state of mind of the·
woman who was suffering from BWS at the time o'f
the commission of the crime.
BWS is characterized by the so-called "cycle of
violence", which has three phases: (TAL)
1. Iension-building phase
- Where minor battering occurs. it could be
verbal or slight physical abuse or another form
of hostile behavior, and the woman usually tries
to pacify the batterer to prevent escalation of
· violence exhibited by the batterer;
2. Acute battering inci~ent
- Where there is brutality,.destructiveness, and
sometimes, death. The battered woman deems
this incident as unpredictable, yet also •
inevitable. During this phase, she has no control; ·
only the batterer may put an end to the Violence.
Its nature can be as unpredictable a~ the time of
its explosion, and so are his reasons for ending
it. The battered woman usually realizes that she
cannot reason with him, and that resistance
would only exacerbate her condition; and
3. Tranquil, ,boving (or at least, non-violent)
phase
- The battered may show a tender and
nurturing behavior towards his partner and the
battered woman tries to convince herself that the
battery will never happen again (People v.
Genosa, G.R. No. 135981, January 15, 2004).
Necessity of two (2) battering episodes
In order to be classified as a battered woman, the
couple must go through the battering cycle at least
twice. Each of the phases of the cycle of violence
must be proven to have characterized at least two
battering episodes (People v. Genosa, G.R. No.
135981, January 15, 2004).
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SPECIALPENALLAWS ,
Criminal Law
PERSONS INTERVENING EXEMPT
FROM LIABILITY (Sec. 34)
In every case of violence against women and their
children, any person, private individual or police
authority or barangay official shall not be liable for
any criminal, civil or administrative liability resulting
therefrom, provided that such person, police
authority or official:
1. Was acting in accordance with law;
2. Responds or intervenes without using violence
or restraint greater than necessary to ensure the
safety of the victim.
SPECIAL PROTECTION OF
CHILDREN AGAINST CHILD
ABUSE, EXPLOITATION
AND DISCRIMINATION,
ASAMENDED
REPUBLIC ACT NO. 7610
Approved on: June 17, 1992
Effectivity Clause: This Act shall take effect upon
completion of its publication in at least two (2)
nationalnewspapers of general circulation (R.A. No.
7610, Sec. 36). · ·
Topic related to: Crimes Against Persons
DEFINITION OF TERMS (Sec. 3)
Children
These are persons who are:
1. Below eighteen (18) years of age; or
2. Over eighteen (18) years but are unable to fully
take care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or me·ntal
disability or condition. (Par. a).
NOTE: The implementing rules elaborated on
this definition when it defined a "child" as one
who is below eighteen (18) years of age or over
said age who, upon evaluation of a qualified
physician, psychologist or psychiatrist, is
found to be incapable of taking care of herself
fully because of a physical or mental disability or
condition or of protecting herself from abuse
(People v. Abe/lo, G.R. No. 151952, March 25,
2009).
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San Beds U...-slty College of Law - RGCT Bar Operations Center
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Child abuse
It is the maltreatment, whether habitual or not, of the
child, which includes any of the following: (PDUF)
1. fsychological and physical abuse, neglect,
cruelty, sexual abuse, and emotional
maltreatment;
NOTE: It is inconsequential that the sexual
abuse occurred only once. As expressly
provided in Sec. 3(b) of RA No. 7610, the
abuse may be habitual or not. The law covers
not only child prostitution but also other forms of
sexual abuse (Caba/lo v. People, G.R. No.
198732, June 10, 2013).
2. Any act by deeds or words which Qebases,
degrades or demeans the intrinsic worth and
dignity of a child as a human being;
NOTE: Not every instance of the laying of hands
on a child constitutes the crime of child abuse
under Sec. 10(a) of RA 7610. On1y when the
laying of hands is shown beyond reasonable
doubt to be intended by the accused to debase,
degrade or demean the intrinsic worth and
dignity of the child as a human being should itbe
punished as child abuse. Otherwise,· it is
punished under the RPC (Bongalorfv. People,
G.R. No. 169533, March 20, 2013).
Uttering profanities and making · hacking
gestures with a bolo, which are directed against
the mother of the children, are not constitutive of
child abuse. Since the threatening acts are not
directed against the children, intent to ·degrade,
debase or demean their dignity is not
established (Escolano v. People, G.R. No.
226991, December 10, 2018).
3. Y,nreasonable deprivation of his basic neeas for
survival, such as food and shelter; or
4. failure to immediately give medical treatment to
an injured child resulting in serious impairment
of his growth and development or in his
permanent incapacity or death (Par. b).
NOTE: Child abuse is committed, not
slight/serious physical injuries as defined and
punished under Art. 266 of the RPC, if the victim
is a child. As defined in the law, child abuse
includes physical abuse of the child, whether
the same is habitual or not (Sanchez v. People,
G.R. No. 179090, June 5, 2009; Reyes v.
People, G.R. No. 197199, November 16, 2011).
Circumstances which gravely threaten or
endanger the survival and normal development
of children
These include, but are not limited to, the following:
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1. Being in a community where there is armed
conflict or being affected by armed conflict-
related activities; ·
2. Living in or fending for themselves in the streets
of urban or rural areas without the care of
parents or a guardian or basic services needed
for a good quality of life;
3. Working under conditions hazardous to life,
safety and normal which unduly interfere with
their normal development;
4. Being a member of an indigenous cultural
community and/or living under conditions of
extreme · poverty or in an area which is
underdeveloped and/or lacks or has inadequate
access to basic services needed for a good
quality of life;
5. Being a victim of a man-made or natural disaster .
or calamity; and
6. Other analogous circumstances which endanger
the life, safety or normal development of children
(Par. c).
PUNISHABLE ACTS: (PATALO 2 -ADIC2)
·•.1. Child Prostitution and other sexual abuse (Sec.
.5);(Seej)rt. 340 under Book Two)
' 2: "~f:t$JJ1Pfff commit child prostitution (Sec. 6);
3. Child Irafficking (Sec. 7);
to
4. Attempt commit child trafficking (Sec. 8);
5. Engagemen\ of children in the worst forms of
child -'-=abqr(Sec. 12-D);
6. Engagement of children in Obscene publications
andJnd .~nt_ V;I.S(Sec. 9);
7. Othef;·.. :· ; neglect, abuse, cruelty or
explol'ta n 5and other conditions prejudicial to
the child's development (Sec. 10);
•fht,~rr1ployment of children as model in
1\ ,'.~~ement directly or indirectly promoting
.......'";icoholic beverages, intoxicating drinks, tobacco
and its byproducts, gambling or any form of
violence or pornography (Sec. 14); and
9. . Qiscrimination of children of !ndigenous ~ultural
~ommunities (Sec. 20).
CHILDREN EXPLOITED IN
PROSTITUTION AND OTHER SEXUAL
ABUSE (Sec. 5)
Children, whether male or female, who for .money,
profit or any other consideration or due to the
coercion or influence of any adult, syndicate or
group, indulge in sexual ir:itercourse or lascivious
conduct.
ELEMENTS OF SEXUAL ABUSE UNDER SEC
5(A), ART. Ill OF R.A. NO. 7610: (EACA)
1. The accused §.ngages in, promotes, facilitates
or induces child prostitution;
2. The Act is done through, but not limited to, the
following means: (PIA-VM)
a. Acting as a frocurer of a child prostitute;
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b. Inducing a person to be a client of a child
prostitute by means of written or oral
advertisements or other similar means;
c. Taking Advantage of influence· or
relationship to procure a child as a
prostitute;
d. Threatening or using ~iolence towards a
child to engage him as a prostitute; or
e. Giving Monetary consideration, goods, or
other pecuniary benefit to a child with intent
to engage such child in prostitution;
3. The ~hild is exploited or intended to be exploited
in prostitution; and
4. The child, whether male or female, is below 18
years of Age (People v. Dulay, G.R. No. 193854,
· September 24, 2012).
NOTE: Sec. 5(a) essentially punishes acts
pertaining to or connected with child prostitution. It
contemplates sexual abuse of a child exploited. in
prostitution. In other words, under Par. a, the child is
abused primarily for profit (People v. Dulay, G.R. No.
193854, September 24, 2012). · . advertisements or other similar means; or
. ELEMENTS OF SEXUAL ABUSE" UNDER SEC.
5(8), ART. Ill OF R.A. NO. 7fi.10;..(SPA)
1. The accused commits. the · act of §.exual
intercourse or lascivious conduct;
· NOTE: "Lascivious conduct" ~ defined as the
intentional touching, either directly or through
clothing, of the genitalia:· ant.is, groin, breast,
inner thigh, or buttocks, or t~ iri\roduction9f any
object into the genitalia, .anus or mouth·, of any
person, whether of the same or opposite sex,
with an intent to abuse,. humiliate, harass,
degrade; or arouse or gratify the sexual desire of
any person, bestiality, masturbation. lascivious
exhibition of the genitals or pubiG are~ qf the
person (Sec 2, Par. h of the Rqles and
Regulations on the Reporting and Investigation
of Child Abuse Cases).
2. The sai~ act is ferformed with a child exploited
in prostitution or subjected to other sexual
abuse;and
3. The child, whether male or female, is below 18
years of Age (Garingarab v. People, G.R. No.
192760, July 20, 2011).
The law covers not only a situation in which a child
is abused for profit but also one in which a child,
through coercion or intimidation, engages in any
lascivious conduct. The very title of Sec. 5, Art. Ill
(Child Prostitution and Other Sexual Abuse) of R.A.
No. 7610 shows that it applies not only to a child
subjected to prostitution but also to a child subjected
to other sexual abuse. A child is deemed subjected
to "other sexual abuse" when he or she indulges in
lascivious conduct under the coercion or influence of
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SPECIAL PENAL LAWS
Criminal Law
any adult (Roaf/os v. People, G.R. No. 198389,
December 11, 2013).
NOTE: Violation of Sec. 5(b) and rape are separate
and distinct crimes. They have different elements.
Thus, .an accused may be held liable for violation of
Sec. 5(b) despite a finding that he did not commit
rape (Matto v. People, G.R. No. 164733, September
21, 2007).
PERSONS LIABLE (Sec. 5): (PSP)
1. Those who engage in or fromote, facilitate or
induce child prostitution which include, but are
not limited to, the following:
a. Acting as a procurer of a child prostitute;
b. Taking advantage of influence or
relationship to procure a child as a
prostitute;
c. Threatening or using violence _towards a
child to engage him as a prostitute;'
d. Inducing a person to be a client of a child
prostitute by · means of written or oral
e. : ..Giving monetary consideration, goods or
other pecuniary benefit to a child with the
:jntent to engage such child in prostitution;
2. Those who commit the act of §.exual intercourse
or lascivious dondl,Jctwith a child exploited in
prostitution or.subjected to other sexual abuse;
and
3. Those who derlvefrofit or advantage therefrom,
whether as manager or owner of the
establi_shmentwhere the prostitution takes place
or of the ,sauna, disco, bar, resort, place of
entertainment OL establishment serving as a
cover or which engages in prostitution in addition
to the activity -for which the licens·e has been
. issued to said establishment.
a
-'rt·266, aS amended by R.A. 8353, prevails over
R.A. 761 0 in cases where a minor is raped
through sexual intercourse and not Sec. 5, Par. b
of R.A. No. 7610
Under Sec. 5(b), Art. 3 of R.A. No. 7610 in relation
to R.A. No. 8353, if the· victim of sexual abuse is
below 12 years of age, the offender should not be
prosecuted for sexual abuse but for statutory rape
under Art. 266-A(1 )(d) of the RPC and penalized with
reclusion perpetua. On the other hand, if the victim
is 12 years or older, the offender should be charged
with either sexual abuse under Sec. 5(b) of R.A. No.
7610 or rape under Art. 266-A (except Par. 1(d)) of
the RPC. However, the-offender cannot be accused
of both crimes for the same act because his right
against double jeopardy will be prejudiced. A person
cannot be subjected twice to criminal liability for a
single criminal act (People v. ·Abay, G.R. No.
177752, February 24, 2009).
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MEM✓O~Y AID
San Beda UnivemityCollege of Law - RGCTBar OperationsCenter
NOTE: In People v. Udang (G.R. No. 210161.
January 10, 2018), the Supreme Court held that
People v. Abay- insofar as it ruled that charging an
. accused with both rape, under Article 266-A( 1) of the
RPC, and sexual abuse, under Section 5(b) of RA
No .. 7610, violates his or her tight against double
jeopardy- must be abandoned. · by law, local custom and tra<;litionor acts in the
R.A. 8353 already accounted for the circumstance of
minority under certain peculiar instances. The
consequence therefore is a clear overlap with
minority as an element of the crime of sexual
intercourse against a minor under Sec. 5 (b) of R.A.
7610 (People v. Ejercito, G.R. No. 229861, July 2,
2018).
Sex with a child per se is not a crime
What is punishable under RA No. 7610 is sexual
abuse with a child. Sexual abuse is more than a
mere sexual intercourse or lascivious conduct with a
child.
The implementing rules and regulations of RA 7610 ·
defines "sexual abuse" as including: the .
employment, use, persuasion, inducement,.
enticement or coercion of a child to engage in, or
assist another person to engage in, sexual
intercourse or lascivious conduct or the molestation,
prostitution, or incest with children (/ CAMPANILLA,
SPL, supra at 71 citing Sec. 2, Par. g of the. Rules
and Regulations on the Reporting and Investigation
of Child Abuse Cases).
OTHER ACTS OF NEGLE(:T, ABUSE,
CRUELTY OR EXPLOITATION AND.
OTHER CONDITIONS PREJUDICIAL TO
THE CHILD'S DEVELOPMENT (Sec. 1P):
(OCKIM-ABC) ..
1. Any person who shall commit any Other acts of
child abuse, cruelty or exploitation or to be ·
responsible for other conditions prejudicial to the
child's development including those covered by
Art. 59 of P.O. No. 603, as amended, but not
covered by the RPC (Par. a);
NO!E: This provision punishes not only those
enumerated under Art. 59 of PD No. 603, but
also four distinct acts: (a) child abuse; (b) Ghild
cruelty; (c) child exploitation, and; (d) being
responsible for conditions. prejudicial to the
child's development (Araneta v. People, .G.R.
No. 174205, June 27, 2008).
2. Any person who shall have in his ~ompany or
Keep a minor, twelve ( 12) years or under or who
in ten (10) years or more his junior in any public
or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or
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massage parlor, beach and/or other tourist
resort or similar places (Par. b);
NOTE: This provision shall not apply to any
person who is related within the fourth degree of
consanguinity or affinity or any bond recognized
· performance of a social, moral or legal duty.
3. Any person who shall fnduce, deliver or offer a
minor to any one prohibited by this Act to keep
or have in his company a minor twelve (12) years
or under or who in ten ·(10) years or more his
junior in any public or private place, hotel, motel,
beer joint, discotheque, cabaret, pension house,
sauna or massage ·parlor, beach and/or other
tourist resort or similar places (Par. c);
NOTE: Penalty includes the loss of parental
authority over the minor when the perpetrator is
an ascendant, stepparent or guardian of the
minor.
4 .• Any person, owner, Manager or one entrusted
....· with the qperation of any public or private place
1
' ::l;:·bf.;:~~~odation, whether for occupancy,
·food,' drl'rykor otherwise, including residential
woo
places, allows any person to take along with
him to su.ch. place or places any minor herein
described:(P11r.d);
NOTE:P,nalty includes the loss of the license
to~.~ffelplace or establishment.
:···:.:::'·';',)'.>;
,:
An establishn-i'ent shall be deemed to promote or
. Jacilitate child prostitution and other sexual
.ha~Ek child trafficking, obscene publications
andindecent shows, and other acts of abuse if
the acts constituting the same occur in the
premises of said establishment.
An enterprise, such as a sauna, travel agency,
or recruitment agency, is deemed to have
committed the acts penalized if it (PEMS):
a. fromotes the aforementioned acts as part of
a tour for foreign tourists;
b. gxhjbits children in a lewd or indecent show;
c. Provides child Masseurs for adults of the
same or opposite sex and said services
include any lascivious conduct with the
customers; or
d. §.olicits children or activities constituting the
aforementipned acts;
5. Any person who shall use, coerce, force or
intimidate a street child or any other child to:
(ABC)
a. Act as conduit or middlemen in drug
trafficking or pushing;
b. §.eg or use begging as a means of living; or
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SPECIALPENALLAWS
Criminal Law

c. ~onduct any illegal activities (Par. e).
, PENALTIES (Sec. 10)
The penalty for the commission of the crimes of
murder, homicide, other intentional mutilation, and
serious physical injuries shall be reclusion perpetua
when the victim is under twelve (12) years ofage.
The penalty for the commission of the crimes of
qualified seduction, acts of lasciviousness with the
consent of the offended party, corruption of minors,
and white slave trade shall be one (1) degree higher
than that imposed by law when the victim is under
twelve (12) years of age.
gxtreme temperatures, noise levels or
vibrations;
h. §.xposes the child to physical danger or
which requires the manual transport of.
heavyloads;or
i. Qepases, degrades or demeans the intrinsic
worth and dignity of a child as a human
being.
HOURS OF WORK OF A WORKING
CHILD (R.A. No. 9231, Sec. 3, amending
Sec. 12 into Sec. 12-A

NOTE: Notwithstanding that R.A. No. 7610 is a Below Not more than twenty (20) hours a
special law, appellant may enjoy the benefits of the fifteen (15) week;
Indeterminate Sentence Law. Since the penalty years of age Not more than four (4) hours a day.
provided in RA. No. 7610 is taken from the range if
penalties in the RPC, it is covered by the first clause Not allowed to work between 8:00
PM and 6:00 AM of the following
of Sec. 1 of the Indeterminate Sentence Law(People
day
v. Dulay, G.R. No. 193854, September 24, 2012).
. ,

Fifteen (15) Not more than forty (40) hours a

WORST FORMS OF CHILD LABORJSec. years ofqge week;
3, R.A. No. 9i31, amending Sec. f2 into but below .Not more than eight (8) hours a day.
Sec. 12-D): (SPIN) eighteen
(18) - Not allowed to work between 10:00
No child shall be engaged inthe worst forms of child
labor which refer to any of the following: ~M and'6:00 AM the following day
1. All forms of §Javery or practices similar to
slavery; PROHIBITION ON THE EMPLOYMENT
2. Use, procuring or offering of a child for - OF · CHILDREN. . IN CERTAIN
frostitution, for the production of pornography or·
for pornographic perform~nces; · · ADVERTISEMENTS (Sec. 5, R.A. No.
3. Use, procuring or offering of a child for !llegal or · 9231, amending .Sec. 14)
illicit activities; or No. child shall be employed as a model in any
4. Work which, by its Nature or circumstances in adverti.serrient q_jfectly or indirectly promoting
which it is carried out, is hazardous or likety to alcoholic beverages, intoxicating drinks, tobacco
be harmful to the health, safety or morals of· and its byproducts, gambling or any form of violence
children, such that it: (EDU-BE-DE 3 O) or pornography.
a. gxposes the child to physical, emotional or
sexual abuse, or is found to be highly
. stressful psychologically or may prejudice
morals; SAFE SPACES ACT
b. Involves the use of Qangerous machinery,
equipment and tools; ·
REPUBLIC ACT NO. 11313
c. Is performed ,Mnderground,underwater o~at
dangerous heights;
d. Exposes the child to ~iological agents; Approved on: April 17, 2019
e. Involves the manufacture or handling of Effec.tivity Date: August 3, 2009
gxplosives and other pyrotechnic products;
f. Is performed under particularly Qifficult Topics related to: Crimes Against Chastity
conditions; or
g. Is performed in an unhealthy gnvironment
POLICY BEHIND THE LAW (Sec. 2)
exposing the child to hazardous working
conditions, elements, substances, co- · The recognition that "both men and women must
agents or processes involving ionizing, have equality, security and safety not only in private,
radiation, fire, flammable substances, but also on the streets, public spaces, online,
noxious components and the like, or to workplaces and ~ducational and training
institutions." In line with fundamental constitutional

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\ I
MEM-0.:RY
AlD ,
San Beda University C$ge of Law - RGCTBar Operations Center
provisions regarding human dignity and human
rights, the Safe Spaces Act expands the conc_eptof
discrimination and protects persons of diverse
sexual orientation, gender identity and/or
expression. It thus recognizes gender-based sexual-
harassment as including, among others,
misogynistic, transphobic, homophobic and sexist
slurs (Escandor v. People, G.R. No. 21'1962, July 6,
2020).
DEFINITION OF TERMS (Sec. 3)
Catcalling
Unwanted remarks directed towards a person,
commonly done in the form of wolf-whistling and
misogynistic, transphobic, homophobic, and sexist
slurs (Par. a).
Gender-based Online Sexual Harassment
a
An online conduct targeted at 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 qr
sharing of one's photos without consent, video and
audio recordings, cyberstalking and online identity ·
theft (Par. e).
Public Spaces
Streets and alleys, public parks, schools, buildings,
malls, bars, restaurants, transportation terminals,
public markets, spaces used as evacuation centers,
government offices, public utility vehicles as well as
private vehicles covered by app-based transport
network services and other recreational spac,essuch
as, but not limited to, cinema halls, theaters and spas
(Par. g). ·
·· : 'p~ic•-~paces Committed by Minors
Stalking
Conduct directed at a person involving the repeated
visual or physical proximity, non-consensual
communication, or a combination thereof that cause
or will likely cause a person to fear for one's own
safety or the safety of.others, or to suffer emotional
distress (Par. h).
NOTE: The Safe Spaces Act addresses four (4)
categories of gender-based sexual harassment:
gender-based streets and public spaces sexual
harassment; gender-based online sexual
harassment; gender-based sexual harassment in.
the workplace; and, gender-based sexual
ha.rassment in educational and training institutions
(Escandor v. People, G.R. No. 211962, July 6,
2020).
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GENDER-BASED STREETS AND
PUBLIC SPACES SEXUAL
HARASSMENT (Art. I)
How Committed
Committed through any unwanted and uninvited
sexual actions or remarks against any person
regardless of the motive for committing such action
or remarks (Sec. 4, Par. 1).
Acts Included
Gender-based streets and public spaces sexual
harassment includes catcalling, wolf-whistling,
unwanted invitations, misogynistic, transphobic,
homophobic and sexist slurs, persistent uninvited
comments or gestures on a person's appearance,
relentless requests for personal details, statement of
sexual comments and suggestions, public
masturbation or flashing of private parts, groping, or
any advances, whether verbal or physical, that is
unwanted and has threatened one's sense of
personal space and physical safety and committed
in public spaces such as alleys, roads, sidewalks
and parks (Sec. 4, Par. 2).
(J~q~r-,Ba~ Sexual Harassment in Public
ps
Utility:V.atef
In addition ta the penalties in this Act, the LTO may
cancel the Jicense of perpetrators found to have
committed acts constituting sexual harassment in
public utility vehicles, and the LTFRB may suspend
or revoke the franchise of transportation operators
who O(;)J'flf"it
gentjeJ;...pased streets and public spaces
sexual harassment acts (Sec. 6).
Gender-Based Sexual Harassment in Streets and
ffiE3EJSWIDshall take necessary disciplinary
measures as provided for under R.A. No. 9344,
otherwise known as the "Juvenile Justice and
Welfare Act of 2006" (Sec. 7).
Implementing Bodies for Gender-Based Sexual
Harassment in Streets and Public Spaces.
The MMDA, the local units of the PNP for other
provinces, and the Women and Children's Protection
Desk (WCPD) of the PNP shall have the authority to
apprehend perpetrators and enforce the law (Sec.
10).
GENDER-BASED ONLINE SEXUAL
HARASSMENT (Art. II)
Acts Included
Gender-based online sexual harassment includes
acts that use information and communications
technology in terrorizing and intimidating victims
through physical, psychological, and emotional
threats, unwanted sexual misogynistic, transphobic,
homophobic and sexist remarks and comments
online whether publicly or through direct and private
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messages, invasion of victim's privacy -through
cyberstalking and incessant messaging, uploading
and sharing without the consent of.the victim, any
form of media that contains photos, voice, or video
with sexual content, any unauthorized recording and
sharing of any of the victim's photos, videos, or any
information online, impersonating identities of
victims online or posting lies about victims to harm
their reputation, or filing, false abuse reports to
online platforms to silence victims.
Implementing Bodies for Gender-Based Online
Sexual Harassment
For gender-based oriline sexual harassment, the
PNP Anti-Cybercrime Group (PNPACG) as the
National Operational Support Unit of the PNP is
primarily responsible for the implementation of
pertinent Philippine laws on cybercrime. The
Cybercrime Investigation and Coordinating Center
(CICC) of the DICT shall also coordinate with ,the
PNPACG to prepare appropriate anc:t ~ective
measures to monitor and penalize g~nder-based
online sexual harassment (Sec. 13).
QUALIFll:D GENDER-BASJ:D ,S,TREETS,
PUBLIC SPACES AND ONLINE: SEXUAL
HARASSMENT (Art. IIQ: (CM1G)
The penalty next higher in degcee will be applied in
the following cases: ·
1. If the act takes place in a. §ommon carrier or
PUV, including, but not limited to, jeepneys,
taxis, tricycles, or app-based transport network
vehicle services, where, the perpetrator. is. the
driver of the vehicle and the offended party is a
passenger;
2. If the offended party is a Mihor, a sen1Qroitiien,
or a person with disability (PWE>J, pr a
breastfeeding mother nursing hen:child;,
3. If the offended party is diagnosed with a Mental
problem tending to impair consent;
4. If the perpetrator is a Member of the uniformed
services, such as the PNP and the Armed
Forces of the Philippines (AFP), and the act was
perpetrated while the perpetrator was in uniform;
and
5. If the act takes place in the premises of a
Government agency offering frontline services to
the public and the perpetrator is a government
employee (Sec. 15).
GENDER-BASED SEXUAL
HARASSMENT IN THE WORKPLACE
(Art. IV): (EDE)
Acts Included:
1. An act or series of acts involving any ynwelcome
sexual advances, requests or demand for sexual
favors or any act of sexual nature, whether done
verbally, physically or through the use of
technology such as text messaging or electronic
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SPECIALPENALLAWS
· Criminal Law
mail or through any other forms of information
and communication systems, that has or could
have a detrimental effect on the conditions of an
individual's 5mployment or· education, job
performance or opportunities;
2. A conduct of sexual nature and other conduct-
based on sex aff.ecting the Qignity of a person, ·.
which is unwelcome, unreasonable, and
offensive to the recipient, whether done verbally,
physically or through the use of technology such
as text messaging or electronic mail or through
any other forms of information and
communication systems; and
3. A conduct thaUs unwelcome and pervasive and
creates an intimidating, hostile or humiliating
snvironment for the recipient (/RR of R.A. No.
11313, Rule VI, Sec. 18).
NOTE: The crime of gender-based sexual
, ha.r;;issmentmay also be committed between peers
~,nd bY,a {)Ubordinateto superior officer (Id.).
Wprkpla¢es i11qude all sites, locations, spaces,
where w,orkJ$ be,ing undertaken by an employee
within or 01,,1tside
\he premises of the usual place of
business ofthe employer (Id.).
GENDER-BASED SEXUAL HARASSMENT IN
· ·
EDUCATIONAL AND TRAINING
INSTITt,ITION (Art..·;VJ '
All scMots, whether · public or private, shall
desigrrafo an officer-dn-fthargeto receive complaints
regarding violations of this Act, and shall ensure that
the victims are provided with a gender-sensitive
environment that is .both respectful to the victims'
needs and conducive to truth-telling.
Every schoof must adopt and publish grievance
proc$.ch.Jrestb facilitate the filing of complaints by
students and faculty members. Even if an individual
does not want to file a complaint of does not request
that the school take any action on behalf of a student
or faculty member and school authorities have
knowledge or reasonably know about a possible or
impending act of gender-based sexual harassment
or sexual violence, the school should promptly
investigate to determine the veracity of such
information or knowledge and the circumstances
under which the act of gender-based sexual
harassment or sexual violence were committed, and
take appropriate steps to resolve the situation. If a
school knows or reasonably should know about acts
of gender-based sexual harassment or sexual
violence being committed that creates a hostile
environment, the school must take immediate action
to eliminate the same acts, prevent their recurrence,
and address their effects.
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MEK-Q~YAID
San Beda Unive<slty College of Law - RGCT Bar Operations Center
Once a perpetrator is found guilty, the educational
institution may reserve the right to strip the diploma
from the perpetrator or issue an expulsion order.
The Committee on Decorum and Investigation
(CODI) of all educational institutions shall address
gender-based sexual harassment and online sexual
harassment in accordance with the rules and
procedures contained in their CODI manual (Sec.
21).
OTHER PROVISIONS
Confidentiality
At any stage of the investigation, prosecution and
trial of an offense under this Act, the rights of the
victim and the accused who is a minor shall be
recognized (Sec. 26r
Exemptions
Acts that are legitimate expressions of indigenous
culture and tradition, as well as breastfeeding in
public shall not be penalized (Sec. 31).
Prescriptive Periods:
1. Offenses committed under Section ll(a) of this
Act shall prescribe in one (1) year;
2. Offenses committed under Section ll(b) of this
Act shall prescribe in three (3) years;
3. Offenses committed under Section H(c) of this
Act shall prescribe in ten (10) years;
4. Offenses ·committed under Section 12 of this Act
shall be imprescriptible; and
5. Offenses committed under Sections 16 and 21
of this Act shall prescribe in five (5) years (Sec.
36).
DATA PRIVACY ACT OF 2012
REPUBLICACTNO.10173
Approved on: August 15, 2012
Effectivity Date: September 8, 2012
Topics reiated to: Crimes Against Personal Liberty
and Security
POLICY OF THE LAW (Sec. 2)
It is the policy of the State to protect the fundamental
human right of privacy, of communication while
ensuring free flow of information to promote
innovation and growth.
Interpretation
Any doubt in the interpretation of any provision of this
Act shall be liberally interpreted in a manner mindful
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of the rights and interests of the individual about
whom personal information is processed (Sec. 38).
DEFINITION OF TERMS (Sec. 3)
Personal information
Refers to any information whether recorded in a
material form or not, 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 (Par. g).
Privileged information
Refers to any and all forms of data which under the
Rules of Court and other pertinent laws constitute
privileged communication (Par. k).
Sensitive personal information
Refers to personal information:
1. About an individual's race, ethnic origin, marital
status, age, color, and religious, philosophical or
political affiliations; '
2. About an individual's health, education, genetic
,:>: 9,_r sexu~ life of a person, or to any proceeding
•. : ?for r;aoy fflense committed or alleged to have
been comtnitted by such person, the disposal of
such proceedings, or the sentence of any court
in sue~ proceedings;
3. Issued by government agencies peculiar to an
individual which includes, but not limited to,
sqc;:i~L.,~ecJtt. p,umbers, previous or current
healtfiiJF . r#:. licenses or its denials,
suspen Orrevocation, and tax returns; and
4. Specifically established by an executive order or
"; .~n act of Congress to be kept classified.
;:;,Jt:\~:>,· ·
:f>:1\t't~
APPLICATION OF THE LAW
$_copeof the Law
Applies to the processing of all types of personal
information and to any natural. and juridical person
involved in personal information processing
including those personal information controllers and
processors who, although not found or established
in the Philippines, use equipment that are located in
the Philippines, or those who maintain an office,
branch or agency in the Philippines subject to the
immediately succeeding paragraph: Provided, That
the requirements of Section 5 are complied with
(Sec. 4).
When Not Applicable:
1. Information about any individual who is or was
an officer or employee of a government
institution that relates to the position or functions
of the individual, including: ·
a. The fact that the individual is or was an
officer or employee of the government
institution;
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b. The- title, business address and office
telephone number of the individual;
c. The classification, salary range and
responsibilities of the position held by the
individual; and
d. The name of the individual on a document
prepared by the individual in the course of
employment with the government;
2. Information about an individual who is or was
performing service under contract for a
government institution that relates to the
services performed, including the terms of the
contract, and the name of the individual given in
the course of the performance of those services;
3. Information relating to any discretionary benefit
of a financial nature such as the granting of a
license or permit given by the government to an
individual, including the name of the individual
and the exact nature of the benefit; · or affiliate of the Philippine·entity has access
4. Personal information processed for journali~tic,
artistic, literary or research purposes;
5. Information necessary in order to carry out the
functions of public authority which t(lc1Ude$the
processing of personal data forthe performance
by the independent, central _monetaryc:1,Uthority
and law enforcement and regulatocy agencies of
their constitutionally and statutorily mandated
functio~; · PUNISHABLE ACTS:
6. Information necessary for banks and other
financial· institutions under the jurisdiction ofthe
independent, central monetary authority or
Bangko Sentral ng Pilipinas _to comply with
Republic Act No. 951O; and Republic Act No.
9160, as amended, otherwise known asJlieAnti-
Money Laundering Act and ot~r applicabie
laws; and .,.
7. Personal information originally collected from
residents of. foreign jurisdiction§. in accordan~~
with the laws of those foreigf'I.ji.Jr[sdicUons, ·
including any applicable data prlvacy la\ws,
which is being processed in the Philippines (Sep.
4).
Protection Afforded to Journalists and Their
Sources
Nothing in this Act shall be construed as to have
amended or repealed the provisions of Republic Act
No. 53, which affords the publishers, editors or duly
accredited reporters of any newspaper, magazine or
periodical of general circulation protection from
being compelled to reveal the source of any news
report or information appearing in said publication
which was related in any confidence to such
publisher, editor, or reporter (Sec. 5).
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SPECIAL PENAL-LAWS
Criminal law
Extraterritorial Application
This Act applies to an act done or practice engaged
in and outside of the Philippines by an entity if:
1. The act, practice or processing relates to
personal information about a Philippine citizen or
a resident; . •
2. The entity has a link with the Philippines, and the
entity is processing personal information in tl]_e
Philippines or even if the processing is outside
the Philippines as long as it is about Philippine
ci.tizens or residents such as, but not limited to,
the following:
a. A contract is entered in the Philippines;
b. A juridical entity unincorporated in the
Philippines but has central management
and control in the country; and
c. An entity that has a branch, agency, office or
·subsidiary in the Philippines ·and the parent
to personal information; and
3. the entity has other finks in the Philippines such
as: buf not limited to:
a. The entity carries on business in the
Philippines; and
b. The personal information was collected or
held by i;ln entity in the Philippines (Sec. 6).
1. Accessing Persona:! Information and Sensitive
Personal lnforr:natiohDue to Negligence;
2. Improper Di$posal ¢if Personal-Information and
Sensitive Perspnal ,Information (Sec. 27);
3. processing of Personal Information and
Sensitive Personal Information for Unauthorized
Pt.Jrpos~s(Sec. 28); _.,,
4. Unauthorized Access or Intentional Breach
(Sec.2f1); _.
_..· .
5. Concealment of Security Breaches Involving
. Sensiti'{e'Personal Information (Sec. 30);
6. Malicious Disclosure (Sec. 31); and
7. Unauthorized Disclosure (Sec. 32).
Extent of Liability
If the offender i& a corporation, partnership or any
juridical person, the penalty shall be imposed upon
the responsible officers, as the case may be, who
participated in, or by their gross negligence, allowed
the commission of the crime. If the offender is a
juridical person, the court may suspend or revoke
any of its rights under this Act. If the offender is an
alien, he or she shall, in. addition to the penalties
herein prescribed, • be deported without further
proceedings after serving the penalties prescribed. If
the offender is a public official or 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 (Sec. 34).
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.MEM✓Q:RY AlD
Slll'l Beds University College of Law - RGCT 8ar OperationS Center

Large Scale circulation of the names of persons convicted of

The maximum penalty in the scale of penalties offenses punished with reclusion perpetua or life
respectively provided for the preceding offenses imprisonment by reaso,n of this Act who are being
shall be imposed when the personal information of consipered or recommended for commutation or
at least one hundred (100) persons is harmed, pardon.
affected or involved as the result of the above
mentioned actions (Sec. 35). Nothing herein shall limit the power of the President
to grant executive clemency under Sec. 19, Art. VII
Offense Committed by Public Officer. of the Constitution (Sec. 4).
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 ACT ESTABLISHING
consisting in the disqualification to' occupy public PRESCRIPTIVE PERIODS
office for a term double the term of criminal penalty
imposed shall he applied (Sec. 36). FOR VIOLATIONS OF
SPECIAL LAWS AND
MUNICIPAL ORDINANCES,
ACT PROHIBITING THE ASAMENDED
. IMPOSITION OF ACTNO.3326
DEATH PENALTY
IN THE PHILIPPINES
REPUBLIC ACT NO. 9346 ~roved 9~; December 4, 1926
i~y\ty;.te: '•• •• f• • < w• ••
December 4, 1926

Topic related to:Extinction of criminal liability

Approved on: June 24, 2006
Effectivity Clause: This Act shall take~.effect Laws on Prescription of Crimes
immediately after its publication in two national Prescriptjon of crimes is governed by:
newspapers of general circulation (R.A. No. 9346, 1. Art. 91 of the RPC for felonies;
Sec. 5). · ·, 2. SJ:iU~:wti.tlf'p-mviae for its own prescription; and
3. Act f\1<'.t
13~28 for special laws which have no

Topics related to: Penalties; Constitutional provision for prescription of violations thereof
provision on the non-imposition of cruel and unusual (BOADO, SPL, supra at 155).
punishment or excessive fines (CONST. Art. Ill, Sec. ,:)'.\{iii.:iJt;,;j
'{/ti
19 (1)). PRESCRIPTION OF VIOLATIONS
PENALIZED BY SPECIAL LAWS (Sec. 1):
In lieu of the death penalty, the following shall be 1. After 1 year
imposed: Offenses punished only by a fine or by
1. Reclusion perpetua imprisonment for not more than one (1) month,
When the law violated makes use of the or both;
nomenclature of the penalties of the Revised
Penal Code. 2. After 4 years
Offenses punished by imprisonment for
2. Life imprisonment more than one (1) month, but less than two (2)
When the law violated does not make use of years;
the nomenclature of the penalties of the Revised
Penal Code (Sec. 2). 3. After 8 years
Offenses punished by imprisonment for two
Persons convicted of offenses punished with (2) years or more, but less than six (6) years;
reclusion perpetua, or whose sentences wilt be
reduced to reclusion perpetua shall NOT be eligible 4. After 12 years
for parole under Act 4180, otherwise known as the Offenses punished by imprisonment for six (6)
Indeterminate Sentence Law, as amended (Sec ..3). years or more;

The Board of Pardons and Parole shall cause the 5. After 20 years
publication at least once a week for three (3) Crime of treason; and
consecutive weeks in a newspaper of general

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6. After 2 months
Violations penalized by municipal
ordinances.
START OF PRESCRIPTION (Sec. 2, Par.
1)
Reckoning Points
Two reckoning points for the counting of the
prescription of an offense:
1. The day of the commission of the violation of the
law; and
2. If the day when the violation was committed be
not known, then it shall begin to run from the
discovery of said violation and the institution of
judicial proceedings for investigation and
punishment (Sec. 2).
Section 2 should be read as prescription shall begin
to run from the day of the commission of the viotation
of the law, and if the same be not known at the time,
from the discovery thereof and until the rMtitution of
judicial proceedings for its investigation and
punishment. Explaining the reason therefor,. this
Court held that a contrary interpretation.woulcfcreate
the absurd situation where "the prescriptio'n period
would both begin and be interrupt~d by the same
occurrence; the' net effect · would be that the
prescription period would nqt have effectiv~ly begun,
having been rendered academic by the.
simultaneous interruption of·· tMt same·-· period"
(PCGG vs. Hon. Ombudsman · Conchita Carpio-
Morales, et. al., G.R. No. 206357, November 12,
2014).
Guidelines on Reckoning Points
An evaluation of the foregoing juri~pruderyce ory the
matter reveals the following gtitdelines ...in the
determination of the reckoning point fOrthe p13rlodof
prescription of violations of R.A. No. 3019, Viz;
1. As a general rule, prescription begins to run from
the date of the commission of the offense.
2. If the date of the commission of the violation is
not known, it shall be counted form the date of
discovery thereof.
3. In determining whether it is the general rule or
the exception that should apply in a particular
case, the availability or suppression of the
information relative to the crime should first be
determined (PCGG vs. Hon: Ombudsman
Conchita Carpio-Morales, et. al., G.R. No.
206357, November 12, 2014).
INTERRUPTION OF PRESCRIPTION
(Sec. 2, Par. 2)
It shall be interrupted when proceedings are
instituted against the guilty party, and shall begin to
run again if the proceedings are dismissed for
reasons not constituting jeopardy.
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·SPECIALPENAL LAWS
Criminal Law
NOTE: The running of the prescription of an offense
punished by a special law is not tolled by the
absence of the offender from Philippine soil. Sec. 2
of Act No. 3226 is conspicuously silent as to whether
the absence of the offender from the Philippines bars
the running of the prescriptive period. The silence of
the law can only be interpreted to mean that Sec. 2
did not intend such an interruption of prescription
unlike the explicit mandate of Art. 91 (Romualdez v.
Marcelo, G.R. No. 165510-33, July 28, 2006).
ANTI-PIRACY AND
ANTI-HIGHWAY ROBBERY
LAWOF1974
PRESIDENTIAL DECREE
NO. 532
,l'
Approv&q: Augusta, 1974
Effectivity' Oate:"August8, 1974
Topic related to: Crimes Against National Security
and the Law of Nations .
DEFINITION OF TERMS (Sec. 2)
• Philippine Waters
It shall refer to all
bodies of water, such· as but not
limited ·to, seas, gulfs; bays around, between and
connecting each of ,the Islands of the Philippine
Arcfiipelago, irrespective of its depth, breadth, length
or dimension, and all other waters belonging to the
Philippines· by historic or legal title, including
lerritorial sea, the sea-bed, the insular shelves, and
other submarine areas over which the Philippines
has sovereignty or jurisdiction (Pa:r. a).
From this definition, it is clear that a river is
considered part of Philippine waters (People v.Dela
Pena, GR. No. 219581, January 31, 2018).
Vessel
It is any vessel or watercraft used for transport of
passengers and cargo from one place to another
through Philippine Waters. It shall include all kinds
and types of vessels or boats used in fishing (Par.
b).
Philippine Highway
It refers to any road, street, passage, highway and
bridges or other p9 rts thereof, or railway or railroad
within the Philippines used by persons, or vehicles,
or locomotives or trains for the movement or
· circulation of persons or transportation of goods,
articles, or property or both (Par. c).
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SW '- 1

MEK-Q~Y AID
San Seda Unlveraity College of Law - RGCT Bar Operations Center

Presumption
PUNISHABLE ACTS: Any person who does any'ofthe acts provided herein
1. Piracy has performed them knowingly, unless the contrary
Piracy is committed through: (AT-VIP) is proven.
a. Any attack upon or seizure of any vessel, or
!aking away of the whole or part thereof or PIRACY UNDER THE RPC AND PIRACY
its cargo, equipment, or the persona1 UNDER P.O. NO. 532, DISTINGUISHED
belongings of its complement or
PIRAC\V't:JNOERTHE PIRAC\V't:JNOER
passengers, irrespective of the value
RPO P.O. NO. 532
thereof;
b. By means of~iolence against or intimidation May be committed May only be committed
of persons or force upon things; whether in Philippines in Philippine waters.
c. Committed by any person, !ncluding a or in the high seas.
passenger or member ofthe complement of
said vessel;and Does not punish the Passengers or crew
d. In f.hilippine waters (Sec. 2, Par. d). passengers or crew members are also
members of the ship. punishable.
2. Highway Robbery/Brigandage
Highway · Robbery/Brigandage is committed
through: (ST-VAP)
a. §eizure of any person for ransom, extortion
or other unlawful purposes, or the !aking ANTI- HIJACKING LAW
away of the-property of another; REPUBLIC ACT NO. 6235
b. By means of ~iolence against or intimidation·
of person or force upon things of other <·.;·s=
unlawful means; ·:=·.;,

c. Committed by Any person; and - Aj:)prov~d o~;.June 19, 1971

d. On any f.hilippine Highway (Sec. 2, Par. e).
NOTE: P.O. No. 532 punishes as highway robbery
or brigandage only acts of robbery perpetrated by
outlaws indiscriminately agai{l~t any person or
persons on Philippine highways as defined therein,
and not acts of robbery committed 1;1gaJnstonlya
predetermined or particular victim. Hence, the mere
fact that the offense charged was committed on a
highway should not be the determinant 'for the
application of P.O. No. 532 (People v. Guevarra,
G.R. No. 97471, February 17, 1993). · the preceding section (R.A. No. 6235, Sec.11).
Effectivity Clause: The Civil Aeronautics
Administra\ib!1 l~ hereby directed to promulgate
within on~ mqnth after the approval of this Act such
regulatiorfs as arEt provided in Section four hereof
and G.€!,ll~~ .. ttJJLJJlPJication of such rules and
regulatleJJ$:!:,J,t.8' Official Gazette and in a
newspape'f"''of•natlonalcirculation for at least once a
week for three consecutive weeks. Such regulations
.. ns!l~ttake effect fifteen days after publication in the
· '··;Qft,iei;tf';~a<:ette(R.A. No. 6235, Sec.10). This Act
shall take effect after the publication mentioned in

The number of perpetrators is no longer an essential
element of the crime of brigandage as defined by
P.O. No. 532 (People v. Mendoza, G.R. No. 104461,
February 23, 1996).
I a. ~ompel the pilot of an aircraft of Philippine
ACCOMPLICE (Sec. 4): (A3)
Any person who:
1. Knowingly Aids or protects pirates or highway
robbers/brigands, such as giving them
information about the movement of police or
other peace officers of the government;
2. Acquires or receives property taken by such
pirates or brigands or in any manner derives any
benefit therefrom; or
3. Directly or indirectly Abets the commission of
piracy or highway robbery or brigandage.
Topic related to: Crimes Against National Security
PUNISHABLE ACTS:
1. It shall be unlawful for any person to: (0 2S 2)
registry to change course or destination;
b. fompel an aircraft of foreign registry to land
in Philippine territory;
c. §eize or usurp the control thereof, while it is
in flight; and
NOTE: An aircraft is in flight from the
moment all its external doors are closed
following embarkation until any of such
doors is opened for dis~mbarkation.
When Aircraft Considered in Flight
An aircraft is "in flight" when all its exterior
doors are closed following embarkation until
any of such doors is opened for

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disembarkation althoug~ it has not moved
away (BOADO, SPL, supra at 631).
d. Seize or usurp the control thereof while it is
within the said territory (Sec. 1).
NOTE: A higher penalty is imposed if any of
the foregoing acts is committed under any of
the following qualifying circumstances (Sec.
2): (FEA)
1. Whenever he has fired upon the pilot,
member of the crew or passenger of the
aircraft;
2. Whenever he has 5.xploded or
attempted to explode any bomb or
explosive to destroy the aircraft; and
3. Whenever the crime is Accompanied by
murder, homicide, serious physical
injuries or rape.
2. It shall be unlawful for any person, _natural or
juridical, to ship, load or carry in any passenger
aircraft operating as a public. utility within the
Philippines, and.explosive, flammable, corrosive
or poisonous subst.ance or material (Sec. 3):
DEFINITION OF TERMS (Sec. 5)
Explosive
any substance, either solid or Uquid;mixture or single
compound, wh.ich by chemical reaction liberates
heat and gas at high speed,and causes tremendous
pressure resulting in explosion. The term shall
include but not limited to dynamites, firecrackers,
blasting caps, black powders, bursters, percussions.
cartridges and other explosive materials, except -
bullets for firearm (Par. 1).
Flammable
any substance or material that is highly combustible
and self-igniting by chemical reaction and. shall
include but not limited to acrolein, allene, aluminum
dvethyl monochloride, and other aluminum
compounds, · ammonium . chlorate and other
ammonium mixtures and other similar substances or
materials (Par. 2).
Corrosive
any substance or material, either liquid, solid or
gaseous, which through chemical reaction wears
away, impairs or consumes any object. It shall
include but not limited to alkaline battery fluid packed
with empty storage battery, allyl chloroformate,
allytrichlorosilane, ammonium dinitro-orthocresolate
and other similar materials and substances (Par. 3).
Poisonous .
any substance or materials, except medicinal drug,
either liquid, solid or gaseous, which through
chemical reactions kills, injuries or impairs a living
organism or person, and shall include but not limfted
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SPECIAL PENAL LAWS
Criminal law
to allyl isothiocyanate, ammunition (chemical, non-
explosive but containing Class A, B or poison),
aniline oil, arsine, bromobenzyle cyanide,
bromoacetone and other similar substances or
materials (Par. 4).
WHEN DEATH OR INJURY TO PERSONS
OR DAMAGE TO PROPERTY OCCURS
For any death or injury to persons or damage to
property resulting from a violation of Sections three
and four hereof, the person responsible therefor may
be held liable in accordance with the applicable
provisions of the Revised Penal Code (Sec. 7).
AUTHORITY TO OPEN SUSPICIOUS
PACKAGES AND CARGOES
Aircraft companies which operate as public utilities
or operators of aircraft which are for hire are
authorized to open and investigate suspicious
p,ackages.and cargoes in the presence·of the owner
or. shipper, or his authorized representatives if
present; in· o(der to help the authorities in the
enforcement.of the, provisions of this Act: Provided,
That if the owner, . shipper or his representative
refuses to have the same opened and inspected, the
airline or air ,.carrier js authorized to refuse the
loading thereof{Sec. Bl
CONDITIONS ON tlCKETS
Every tic;ket)ssued to a passenger by the airline or
air carrier concemec:fsnall contain among others the
following condition printed thereon: "Holder hereof
and his hafld~carried luggage(s) are subject to
search for, and seiture of, prohibited materials or
substances. Holder refusing to be searched shall not
be allowed. to cboard the aircraft," which shall
constitute a part of the contract between the
passenger and the air carrier (Sec. 9). ·
PHILIPPINE ACT ON
CRIMES AGAINST
INTERNATIONAL
HUMANITARIAN LAW,
GENOCIDE, AND OTHER
CRIMES AGAINST .
HUMANITY
REPUBLIC ACT NO. 9851
Approved on: December 11, 2009
Effectivity Date: March 16, 2010
Topic related to: Crimes Against the Law of Nations
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\ I
M·EM-Q~Y
AID
San Seda UniversityCollege orlaw - RGCT8111"
Operations Center
DEFINITION OF TERMS (Sec. 3)
Apartheid
It refers to inhumane acts committed in the context
of an institutionalized regime of systematic
oppression and domination by one racial group or
groups and committed with the intention of
maintaining that regime (Par. a).
Arbitrary Deportation or Forcible Transfer of
Population
It is the forced displacement of the persons
concerned by expulsion or other coercive acts from
the area in which they are lawfully present, without
grounds permitted under domestic or international
law (Par. b}. · person subject of the amparo petitio~; and
Armed Conflict
It is any use of force or armed violence between
States or a protracted armed violence between
governmental authorities and organized armed
groups or between such groups within a State:
Proyided, That such force or armed violence gives
rise, or may give rise, to a situation to which the
Geneva Conventions of 12 August 1949, including
their common Art. 3, apply. Armed conflict maybe
international, that is, between two (2) or more States,
including belligerent occupation; or non-
international, that is, between governmental·
authorities and organized armed groups or between
such groups within a State. It does not cover internal
disturbances or tensions such as riots, isolated and
sporadic acts of violence or other acts of a similar
nature (Par. c). ·
Armed Forces . ..
It refers to all organized armed forces, groups and
units that belong to a party to an armed conflict which
are under a command responsible to that party for
the conduct of its subordinates. Such armed forces
shall be subject to an internal disciplinary system
which enforces compliance with International
Humanitarian Law (IHL) (Par. d).
Enforced or lnvoluntai:y Disappearance of
Persons
It refers to the arrest, detention, or abduction of
persons by, or with the authorization, support or
acquiescence of, a State or a political organization
followed by a refusal to acknowledge that
deprivation of freedom or to give information on the
fate or whereabouts of those persons, with the
intention of removing them from the protection of the
law for a prolonged period of time (Par. g),
NOTE: In Navia v. Pardico, this Court clarified that
with the enactment of R. A. No. 9851, the Rule on
the Writ of Amparo is now a procedural law
anchored, not only on the constitutional right t<;>life,
liberty, and security, but-also on a concrete statutory
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definition of "enforced or involuntary disappearance"
(Callo v. Commissioner of Bureau of Immigration, et.
al., G.R. No. 230324, September 19, 2017).
Further, elements constituting enforced
disappearance as defined under R.A. No. 9851 were
clearly la_iddown by this Court, viz:
1. Th~t there be an arrest, detention, abduction or
any form of deprivation of liberty;
2. That it be carried out by, or with the
authorization, support or acquiescence of, the
State or a political organization;
3. That it be followed by the State or political
organization's refusal to acknowledge or give
information on the fate or whereabouts of the
4. That the intention for such refusal is to remove
subject person from the protection of the law for
a prolonged period of time (Callo v.
Commissioner of Bureau of Immigration, et. al.,
G.R. No. 230324, September 19, 2017).
Enslavement
··· •. It is the exercise of any or all of the powers attaching
to the right of ownership over a person and includes
···~ ~~er_<;i~~'()f,su~h power in the course of trafficking
in persons; m particular women and children (Par. h).
Extermination
It is the international infliction of conditions of life,
inter alia; the deprivation. of access to food and
medicine, calc~lated to bring about the destruction
a
of pa:tl-~fc'a;~Jion
,. ···,:~.. ' <._.,_J;_'.·
·; :' :>_.
(Par. i).
Hors de combat
, . Ap~rson who: (ASI)
,:f 1J}:l~i_r.,_thepower of an Adverse party;
· 2: ··Hasclearly expressed an intention to Surrender·'
-
or
3. Has been rendered unconscious or otherwise
incapacitated by wounds or sickness and
therefore is !ncapable of defending
himself/herself (Par. k).
NOTE: In any of these cases, the person abstains
from any hostile act and does not attempt to escape.
Non-defended Locality
It refers to a locality that fulfills the following
conditions: (EHA2 )
1. All combatants, as well as mobile weapons and
mobile military equipment, must have been
.s,vacuated;
2. · No t1.ostile use of fixed military installations or
- establishments must have been made·
3. No Acts of hostility must have been ~ommitted
by the authorities or by the population; and
4. No Activities in support of military operations,
must have been undertaken (Par. m).
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No quarter will be given
It means refusing to spare the life of anybody, even
of persons manifestly unable to defend themselves
or who clearly express their intention to surrender
(Par. n).
Perfidy , suffering,
It refers to, acts which invite the confidence of an
adversary to lead him/her to believe he/she is
entitled to, or is obliged to accord protection under
the rules of International Humanitarian Law, with the
intent to betray that confidence, including but not
limited to: (NSICP)
1. Feigning an intent to f!egotiate under a flag of
truce; · 1. War Crimes (Sec. 4)
2. Feigning §.urrender;
3. Feigning !ncapacitation by wounds or sickness;
4. Feigning fivilian or noncombatant status; and
5. Feigning frotective status by use of signs,
emblems or uniforms of the United Nations or of
a neutral or other State not party to the cpnflict
(Par. o). · . d., E'<t~_nsivedestruction and appropriation of
Persecution
It is the intentional and severe 'depr_ivation of
fundamental rights contrary to intetnatlonai law by
reason of identity of the group.or collectivity (Par. p).
Protected Person in an Armed Conflict ,
It means: (WPC-SMR) . _ .
1. A person Wounded, sick or shipwrecked,
whether civilian or military; · ·
2. A frisoner of war or any per,;on ·depdved of
liberty for reasons related to· an armed conflict'
3. A fivilian or any person not taking a direct p~rt
or having cea$ed to take part in the-hostilities in ·
the power of the adverse part~; · 2.
4. A person who, before the beginning ofhostUitieS, ·
was considered a §.tateless person or refugee
under the relevant international Instruments
accepted by the parties to the conflict concerned
or under the national legislation of the state of
refuge or state of residence;
5. A member of the Medical personnel _assigned
exclusively to medical purposes or to the
administration of medical -units or to .the
operation of or administration of medical
transports; or
6. A member of the ,Beligious personnel who is
exclusively engaged in the work of their ministry
and attached to the armed forces of a party to
the conflict, its medical units or medical
transports, or non-denominational
noncombatant military personnel carrying out
functions similar to religious personnel (Par. q).
Superior·
He/She is either: (CS)
1. A military fommander or a person effectively
acting as a military commander; or
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Criminal Law
'
2. Any other §.uperior, in as much as the crimes
arose from activities within the effective authority
and control of that superior (Par. r).
Torture
It is the intentional infliction of severe pain or
whether physical, mental, or
psychological, upon a person in the custody or under
the control of the accused; except that torture shall
not include pain or suffering arising only from,
inherent in or incidental to, lawful sanctions (Par. s).
PUNISHABLE ACTS:
These include among others:
a. Willful killing; ~
b. Torture or inhuman treatment, including
biological experiments; , ·
c. Willfully causing great suffering, or serious
injury to body or health;
property not justified by military necessity
and carrte_dout unlawfully and wantonly;
e. Willf\,rlly depriving a prisoner of war or other
protected· person of the rights of fair and
regul11irtrial; ·
f. Arbitrary deportation or forcible transfer of
population or uhlawful confinement·
g. taking ofhostages; '
h. Compel~ng a ·prisoner of war or other
protectea person to serve in the forces of a
hostile power; and
i. . Unjustifiable · delay in the repatriation of
prisoners of war or other protected persons.
Genocide (Ser;. 5)
~-· Any of the following acts with _intent to
·de~trq,y, in whole or in part, a national,
ett:inlc, .racial, religious, social or any other
-·similar stable and permanent group as such:
i. Killing members of the group;
ii. C~using serious bodily or mental harm
to members of the group;
iii. Deliberately inflicting on the group
conditions of life calculated to bring
about its physical destruction in whole or
in part;
iv. Imposing measures intended to prevent
births within the group; and
v. Forcibly transferring children of the
_ group to another group.
b. It shall be unlawful for any person to directly
and publicly · incite others to commit
genocide.
3. Other Crimes Against Humanity (Sec. 6)
Any of the following acts when committed as part
of a widespread or systematic attack directed
against any civilian population, with knowledge·
of the attack: (OA-WAIT-PRE 3 )
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MEM:Q~YAID
San Beda UniversityCollege of Law - RGCTBar Operations Center

a. Other inhumane acts of a similar character 1. The accused is a Filipino citizen; -

intentionally causing great suffering, or 2. The accused, regardless of citizenship or
serious injury to body or to mental or residence, is present in the Philippines; or
physical health; 3. The accused has committed the said crime
b. Arbitrary deportation or forcible transfer of against a Filipino citizen (Par. 1).
population;
C. Willful Killing; Extradition to International Court
• d. Apartheid; Jn the interest of justice, the relevant Philippine
e. !mprisonment or other severe deprivation of authorities may dispense with the investigation or
physical liberty in violation of fundamental prosecution of a crime punishable under this Act if
rules of International law; ' another court or international tribunal is already
f. Iorture; conducting th.e investigation or undertaking the
g. fersecution against any identifiable group prosecution of such crime. Instead, the authorities
or collectivity on political, racial, national, may surrend~r or extradite suspected or accused
ethnic, cultural, religious, gender, sexual persons in the Philippines to the appropriate
orientation or other grounds that are international court, if any, or to another State
universally recognized as impermissible pursuant to the applicable extradition laws and
under international law, in connection with treaties (Par. 2).
any act referred to this paragraph or any
crime defined in this Act; Foreign Nationals Tried Outside the Philippines
h. Rape, sexual slavery, enforced prostitution, No criminal proceedings shall be initiated against
forced pregnancy, enforced sterilization, or foreign nationals suspected or accused of having.
any other form of sexual violence o( · committed the crimes defined, and penalized in this
comparable gravity; Act if they have been tried -by a competent court
i. .5.nslavement; qyt~ide the: Philippines in respect of the same
j. .5.xtermination; and off~$i1;an(f;J;lcquitted, or having been convicted,
k. .5.nforced or involuntary disappearance of already seNei;t. their sentence (Par. 3).
persons.

Non-Prescriptfon
The crimes defined and penalized Under this Act, ANTI-ALIAS LAW
their prosecution, and the execution of sentences
imposed on their account, shall not be subjeqt to any
CO~Q:NWEALTH ACT
';\ t ... ·'' . 'NO. 142,
prescription (Sec. 11).
AS AMENDED BY
Orders from a Superior (Sec. 12)
The fact that a crime defined and penalized under REPUBLIC ACT NO. 6085
this Act has been committed by a person pursuantto
an order of a government or a superior, whether
military or civilian, shall not relieve that person of
Approved on: August 4, 1969
criminal responsibility unless all of the following Effectivity Date: August 4, 1969
elements occur:
1. The person was under a legal obligation to obey
Topics related to: Crimes Against Public Interest;
orders of the government or the superior in
Art. 178 Using Fictitious Name and Concealing True
question;
Name
2. The person did not know that the order was
unlawful; and
An alias is a name or names used or intended to be
3. The order was not manifestly unlawful.
used by a person publicly and habitually usually in
business transactions in addition to his real name by
For the purposes of this section, orders to commit
which he is registered at birth or baptized the first
genocide or other ._crimes against humanity are
time or substitute name authorized by competent
manifestly unlawful.
authority (Limson v. Gonzales, G.R. No. 162205,
March 31, 2014).
JURISDICTION (Sec. 17)
Extra-Territoriality GENERAL RULE (Sec. 1)
The State shall exercise jurisdiction over persons,
No person shall use any name different from the one
whether military or civilian, suspected or accused of
with which:
a crime defined and penalized in this Act, regardless
1. He was registered at birth in the office of the
of where the crime is committed, provided, any one
local civil registry; or
of the following conditions is met:

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2. He was baptized for the first time; or
3. In case of an alien, with which:
a. He was registered in the Bureau of
Immigration upon entry; or
b. Such substitute name as may have been
authorized by a competent court.
NOTE: Persons, whose births have not been
registered in any local civil registry and who have not
been baptized, have one year from the approval of
this iact within which to register their names in the
1
civil regjstry of their residence. The name shall
comprise the ·patronymic name and one or two
surnames (Sec. 1).
EXCEPTIONS:
1. As a pseudonym solely for literary, cinema,
television, radio or other entertainment purposes
and in athletic events where the use of
pseudonym is a normally accepted praottce
(Sec. 1); ·
2. When the use of the second name or alii::tsis
judicially authorized and duly recorded ;in the
proper local civil registry;
3. The use of a fictitious name or a different name
belonging to a single person in a single instance
without any sign or jndication that the user
intends to be known by this name in addition to
his real name from that dayforth (Ursua v. Court
of Appeals, G.R. No. 1{2170, April _10,1996).
NOTE: The repeated use of an .alias within a single
day cannot be deemed habitual as it does not
amount to customary practice or use (People v.
Estrada, G.R. Nos. 164368-69, April 2; 2009).
a
The rule in libel - that mere commt,tnication tQ third
person is publicity - does not apply in violations .of
R.A. No. 6085. The required publicity in the use of
alias is more than a mere communication to a third
person. The use of alias, to be considered pub1ic,
must be made openly, or in an open manner or
place, or to cause it to become generally known. To
be liable, the user of the alias must have held himself
out as a person who shall publicly be known under
that other name. In other words, the intent to publicly
use the alias must be manifest (People v. Estrada,
G.R. Nos. 164368-69, April 2, 2009).
APPLICATION FOR USE OF ALIAS
(Sec. 2) · and/or alias or aliases (Sec. 4).
Any person desiring to use an alias shall apply for
authority therefor in proceedings like those legally
provided to obtain judicial authority for a change of
name.
NOTE: No person shall be allowed to .secure such
judicial authority for more than one alias (Sec. 2).
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SPECIALPENALLAWS
Criminal Law
The petition for an alias shall set forth the:
1. Person's baptismal and family name;
2. The name recorded in the ciyil registry; if
different;
3. His immigrant's name, if an alien;
4. His pseudonym, if he has such names other than
his original or real name; and
5. Specify the reason or reasons for the use of the
desired alias.
RECORD IN THE CIVIL REGISTRY
(Sec. 2)
The judicial authority for the use of alias the Christian
name and the alien immigrant's name shall be
recorded in the proper local civil registry.
NOTE: No person shall use any name or names
other than his original or real name unless the same
is or are duly recorded in the proper local civil
registry.
..OTHERPUNISHABLE ACTS (Sec. 3):
No person> .
1. Having been baptized with a name different from
thatwith which he was registered at birth in the
locat civil registry;
2. ln case of analien, registered. in the bureau of
immigration upon entry;
3. Any person. who obtained judicial authority to
use an alias; cir · ·
4. Who uses a pseudonym shall represent himself
in any public.or·private transaction or sh~ll sign
or execute any public or private document
without stating or affixing his real or original
name and all names or aliases or pseudonym he
is or ..may have been authorized to use.
Penalty ($ec, 5)
Any violatron of this Act shall be punished with
imprisonment of from 1 year to 5 years and a fine of
PS,000 to P10,000.
Prohibition to use other name or names and/or
alias or aliases
Six months from the approval of this act and subject
to the provisions of Sec. 1 hereof, all. persons who
have used any name and/or names and alias or
aliases different from those authorized in Sec. 1 of
this act and duly recorded in the local civil registry,
shalt be prohibited to use such other name or names
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MEM✓Q~Y AID
San Bede UniversityCollege of Law • RGCTBar Opei'atiOns Center
ANTI-GAMBLING ACT
PRESIDENTIAL DECREE
NO. 1602,
AS AMENDED BY
REPUBLIC ACT NO. 9287
Approved on:
P.D. No. 1602 - June 11, 1978
R.A. No. 9287 - April 2, 2004
Effectivity Clause:
This Act shall take effect after fifteen ( 15) days after
its publication in at least two (2) national newspapers
of general circulation (R.A. No. 9287, Sec. 16).
Topic related to: Crimes Against Public Morals
GAMBLING (Sec. 1)
It is any game or scheme, whether upon chance or
skill, wherein wagers consisting of money, articles. of
value or representative of value are at stake or made
(REYES, Book Two, supra at 420).
Gambling is defined 8$ "making a bet" or "a play for
value against an uncertain event in hope of gaining
something of value" (PAGCOR v. PEJI, G.R. No.
177333, April 24, 2009).
Gambling is committed by: (TaP3- GoM&S)
1. Any person Taking part, directly or indirectly in
any illegal or unauthorized activities or games of
cockfighting, jueteng, jai a/ai or horse racing to
include bookie operations and game fixing,
numbers, bingo, and other forms pf lotteries;
cara y cruz, pompiang and the like; 7-11 and any
game using dice; black jack, lucky nine, f>oker
and its derivatives, monte, baccarat, cuajo,
pangguigue and other card games; paik que,
high and low, mahjong, domino, and other
games using plastic tiles and the like; slot
machines, roulette, pinball, and other
mechanical contraptions and devices_; dog
racing, boat racing, car racing, and other forms
of races; basketball, boxing, volleyball, bowling,
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
upo.n chance or skill, wherein wagers consisting
of money, articles of value or representative of
value are at stake or made; · NOTE: Proof that the game took place or is about to
2. Any° person knowingly fermitting any form of
gambling previously enumerated to be carried
on in an inhabited or uninhabited place or in any
building, vessel or other means of transportation
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owned or controlled by him (P.O. No. 1602, Sec.
2);
ELEMENTS: (GOK)
a. Gambling game was carried on in an
inhabited or. uninhabited place or in any
building, vessel, or other means of
transportation;
b. The place, building, vessel, or other means
of transportation is Owned or controlled by
the offender; and
c. The offender permitted the carrying on of
such game, !5.nowing that it is a gambling
game.
3. Any person knowingly fermitting any form of
gambling to be carried on in a place which has a
reputation of a gambling place _or where
prohibited gambling is frequently carried on
therein, or in a public or government building or.
barangay hall;
4. Any person who knowingly and without lawful
purpose in any hour of any day, fossesses any
lottery list, paper or other matter containing·
_ letters, figures, signs or symbols pertaining to or
····•:;1~_n
.•iflY-~nner used in the games of jueteng, jai
afaf, or"'."hgrseracing bookies and similar games
of lotterie$ a,nd numbers which have taken place
· or about to take place;
5. A Government official who is a maintainer,
cond1ictof or banker of the gambling schemes,
or the pl~er, ·promoter, referee, umpire, judge
or'c<>~hJi ·-·_:of game fixing, point shaving
and bther fnations;
6. The Maintainer or conductor of the above
....gambling schemes;
Nh!ilritainer is the person who sets up and
furnishes the means with which to carry on the
gambling gam~ or scheme.
Conductor is the person who manages or
carries on the gambling game or scheme.
7. Any §.arangay official who, with knowledge of
the existence of the gambling house or place in
his jurisdiction fails to abate the same or take
action in connection therewith; or
8. Any §.ecurity officer, security guard, watchman,
. private or house detective of hotels, villages,
buildings, enclosures and the like which have
the reputation of a gambling place or where
gambling activities are being held.-
take place is not necessary (Encarnacion v. People,
G.R. No. 48227, September 9, 1942).
A person present in a gambling house as an
onlooker at a prohibited game cannot be punished
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under Art. 343 of the Penal Code. (U.S. v. Palma,
G.R. No. 2188, May 5, 1905).
LOTTERY
It is a scheme for the distribution of prizes by chance
among persons who have paid, or agreed to pay, a
valuable consideration for the chance to obtain a
prize (U.S. v. Fi/art, G.R. No. L-10263, May 13,
1915).
ELEMENTS:
1. Consideration;
2. Chance; and
3. . Prize or some advantage or inequality in amount
or value which is in the nature of a prize.
NOTE: There is no lottery when there is full value for
money and the prize is merely incidental (REYES,
Book Two, supra at 428).
INFORMER'S REWARD (Sec. 2, P.O. No.
1602, as amended by Sec. 1~, R.A~ No.
9287)
Any person who snall disclose information that will
lead to the arrest and final convic'Uon .of' the
malefactor shall be rewarded · 20'% ·of the cash
money or articles of value confiscated or forfeited in
favor of the government.
AN ACT DECRIMINALIZING
VAGRANCY
REPUBLIC ACT N0.·10158
Approved on: March 27, 2012
Effectivity Clause: This Act shall take effect fi(teen
( 15) days after its publication in the Official Gazette
or in at least two (2) newspapers of general
circulation (R.A. No. 10158, Sec. 5).
Topic related to: Crimes Against Public Morals
DECRIMINALIZATION OF VAGRANCY
Art. 202 of the RPC is hereby, amended to read
as follows:
"Article 202. Prostitutes; Penalty. - For the purposes
of this article, women who, for money or profit,
habitually indulge in sexual intercourse or lascivious
conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses
covered by this article shall be punished by arresto
menor or a fine not exceeding 200 pesos, and in
case of recidivism, by arresto mayor in its medium
period to prision correccional in its minimum period
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SPECIAL PENAL LAWS
Criminal Law
or a fine ranging from 200 to 2,000 pesos, or both, in
the discretion of the court (Sec. 1)."
EFFECTS OF DECRIMINALIZATION:
1. All pending cases under the provisions of Art.
202 of the RPC on vagrancy prior to its
amendment by this Act shall be dismissed upon
effectivity of this Act (Sec. 2); and · ·
2. All persons serving sentence for violation of the
provisions of Art. 202 of the RPC on vagrancy
prior to its amendment by this Act shall be
immediately released ·upon effectivity of this Act:
Provided, that they are not serving sentence or
detained for any other offense or felony (Sec. 3).
AN ACT DECLARING
FORFEITURE IN FAVOR OF
THE STATE ANY PROPERTY
FOUND TO HAVE BEEN
UNLAWFULLY ACQUIRED
' BY.ANY PUBLIC OFFICER
OR EMPLOYEE AND
PROVIDING FOR THE
PROCEEDINGS THEREFOR
REPUBLIC ACT NO. 1379
Approved on: June r8, 1955
Effectivity Pate: June 18, 1955
Topic related to: Crimes Committed by Public
Officers
DfF,INITION OF TERMS (Sec. 1)
Public Officer or Employee
1. Any person holding any public office or
employment by virtue of an appointment,
election or contract; and
2. Any person holding any office or employment, by
appointment or contract, in any State owned or
controlled corporation or enterprise.
Other Legitimately Acquired Property
It is any real or personal property, money or
securities which the respondent has at any time
acquired by inheritance and the income thereof, or
by gift inter vivos before his becoming a public officer
or employee, or any property (or income thereof)
already pertaining to him when he qualified for public
office or employment, or the fruits and income of the
exclusive property of the respondent's spouse. It
shall not include:
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MEM✓O~Y AID
San Seda UniversityCollege of Law - RGCTBar Operations Center
1. Property unlawfully acquired by the respondent,
but its ownership is concealed by its being
recorded in the name of, or held by, the
respondent's spouse, ascendants, descendants,
relatives, or any other person;
2. Property unlawfully acquired by the respondent,
but transferred by him to another person or
persons on or after the effectivity of this Act; and
3. Property donated to the respondent during his
incumbency, unless he can prove to the
satisfaction of the court that the donation is
lawful.
PUNISHABLE ACT~ (Sec. 12):
1. Transfer or conveyance of any unlawfully
acquired property by any public officer or
employee; or
2. Knowingly accepting such transfer or
conveyance by any person.
ELEMENTS TO ESTABLISH PRIMA FACIE
PRESUMPTION OF UNLAWFUL ACQUISITION .
OF PROPERTY: (PAM) - ,.. State.
1. Offender is a fublic officer or employee;
2. He must have Acquired a considerable amount
of money or property during his incumbency;
and
3. Said amount is Manifestly out of proportion to his
salary as such public officer or employee and to
his other lawful income and ...Income from
legitimately acquired property (Marcos, Jr. v.
Republic of the Philippines,. G. R. No.· .189434,
April 25, 2012). .
FILING OF PETITION (Sec. 2} "
1. A complaint is filed by any taxpayer to the city or
provincial fiscal.
2. The fiscal shall conduct a previous inquiry
similar. to preliminary investigations ·criminal
cases and shall certify to the Solicitor General
that there is reasonable ground to believe that
there has been committed a violation of this Act
and the respondent is probably guilty thereof.
3. The Solicitor General shall file, in the name and
on behalf of the Republic of the Philippir:ies, in
the Court of First Instance (now RTC) of the city
or province where said public officer or
employee resides or holds office, a petition for a
writ commanding said officer or employee to
show cause why the property aforesaid, or any
part thereof, should not be declared property of
the State.
NOTE: No such petition shall be filed within one (1)
year before any general election or within three (3)
months before any special election.
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Under the Constitution, the right of the state to
recover ill-gotten _wealth does not prescribe
(BOAOO, SPL, supra at 597).
The resignation, dismissal or separation of the officer ·
or employee from his office or employment in the
Government or in the Government-owned or
controlled corporation shall not be a bar to the filing
of the petition.
NOTE: The right to file such petition shall prescrib~
after four (4) years from the date of the resignation,
dismissal or separation or expiration of the term of
the officer or employee concerned.
EFFECT OF FAILURE OF RESPONDENT
TO SHOW THAT HE HAS LAWFULLY
ACQUIRED THE SUBJECT PROPERTY
(Sec. 6)
The court shall declare such property, forfeited in
favor of the State, and by virtue of such judgment the
property aforesaid shall. become prbperty of the
· ~9j"ggment shall be rendered within six (6)
man '6M0rtany general election or within three
(3) months l?tfore any special election. The Court
may, in add.itioni:refer the case to the corresponding
Executive [)epaftment for administrative or criminal
action, or.both.
.,,ANTI-ARSON LAW
PRESIDENTIAL DECREE
NO. 1613,_
AS AMENDED BY
in PRESIDENTIAL DECREE
N0.1744
Approved on:
P.O. No. 1613 - March 7, 1979
P.O. No.1744-November 11, 1980
Effectivity Clauses:
P.O. No. 1613 - This Decree shall take effect
immediately upon publication thereof at least once in
a newspaper of general circulation (P.O. No. 1613,
Sec. 10).
P.O. No. 1744 - This Decree shall take effect
immediately (P.O. No. 1744, Sec. 3).
NOTE: Presidential Decree No. 1613 which
repealed Articles 321 to" 326-B of the RPC remains
the governing law for Simple Arson. This decree
contemplates the malicious burning of public and
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private structures, regardless of size, not included
in Article 320, as amended by RA. No. 7659, and
classified as other cases of arson (REYES, The
Revised Penal Code, Book Two (2021), p. 1106
[hereinafter REYES, Book Two]).
Topic related to: Crimes Against Property
Arson
It is a crime committed when any person burns or
sets fire to the property of another, or to his own
_property under circumstances which -expose to
danger the life or property of another (Sec. 1).
KINDS OF ARSON:
1. Arson/ Simple Arson (Sec. 1);
It covers houses, dwellings, government,
buildings, farms, mills, plantations, railways, bus
stations, airports, wharves and other industrial
establishments (People v. Murcia, G,R No.
182460, March 9, 2010).
ELEMENTS OF SIMPLE ARSON (Sec. 1):
a. That the_offender burns· or sets fire to the
property of another; and
NOTE: The property mentioned in Sec. 1
of P.O. No. 1613 rnaybe real or personal
(Ill CAMPANILLA, -Spf]cial Penal Laws
(2010), p. 267 [hereinafter Ill
CAMPANILLA, SPLJ).
b. That the burning is committed with malice
NOTE: Whether arson is punishable under
the RPC or P.O. No. 1613, the crime is
ma/urn in_ se. Hence, to constitt.1te this
crime, the accused must have acted with
malice. In the absence of malic,ious intent,
accused however may be held tiable for
arson through reckless imprudence under
the RPC (Id. at 268).
2. Destructive Arson (RPC, Art. 320, as
amended); and
Contemplates the malicious burning of
structures, both public and private, hotels,
buildings, edifices, trains, vessels, -aircraft,
factories, and other military, government -or
commercial establishments, by any person or
group of persons (People v. Ma/ngan, G.R. No.
170470, September 26, 2006).
Destructive Arson includes burning of:
1. One or more buildings or edifices,
consequent to one single act of burning, or
as a result of simultaneous burnings, or
committed on several or different occasions;
2. Any building of public or private ownership<
devoted to the public in general or where
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SPECIALPENALLAWS
, CriminalLaw
people usually gather or congregate for a
definite purpose such as, but not limited to,
official governmental function or business,
private transaction, commerce, trade
workshop, meetings and conferences, or
merely incidental to a definite purpose such
as but not limited to hotels, motels, transient
dwellings, public conveyances or stops or
terminals, regardless of whether the
offender had knowledge that there are
.persons in said building or edifice at the time
it is set on fire ·and regardless also of
whether the building is actually inhabited or
not;
3. Any train or locomotive, ship or vessel,
airship or airplane, devoted to transportation
or conveyance, or for public use,
entertainment or leisure;
4. Any building, factory, warehouse installation
and any appurtenances thereto, which are
devoted to the service of public utilities; and
· 5, · Niybuilding the burning of which is for the
purpose of concealing or destroying
evidence of another violation of law, or for
th€! 'purpose of concealing bankruptcy or
defrauding creditors or to collect from
insurance.
. ·-
Additional . acts considered as Destructive
Arson:
1. When the arson is committed by two (2) or
rnore persons or by a group of persons,
regardless· of whether their purpose is
merel¥ to burn or destroy the building or the
burning mer~ly constitutes an overt act in .
the commission of another violation of the
law;and ,
2. When any person shall burn: _
a. --Any arsenal, shipyard, storehouse or
military power or fireworks factory,
ordinance, storehouse, archives or
general museum of the Government;
and
b. In an inhabited place, any storehouse or
factory of inflammable or explosive
materials.
NOTE: The nature of Destructive Arson is
distinguished from Simple Arson by the degree
of perversity or viciousness of the criminal
offender. The acts committed under Art. 320 of
The Revised Penal Code, as amended,
constituting Destructive Arson are characterized
as heinous crimes "for being grievous, odious
and hateful offenses and which, by reason of
their inherent or manifest . wickedness,
v1c1ousness, atrocity and perversity are
repugnant and outrageous to the common
standards and norms of decency and morality in
a just, civilized and ordered -society." On the
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MEM-Q~YAID
San Seda University College .of I.aw • RGCT Bar Operations Center
other hand, acts committed under P.D. No. 1613
constituting Simple Arson are crimes with a
lesser degree of perversity and viciousness that
the law punishes with a lesser penalty. In other
words, Simple Arson contemplates crimes with
less significant social, economic, political and
national security implications than Destructive
Arson. However, acts falling under Simple Arson
may nevertheless be converted into Destructive
Arson depending on the qualifying
circumstances present (Buebos v. People, G.R.
No 163938, March 28, 2008).
3. Other cases of Arson (Sec. 3).
Burning of: ·
a. Any building used as offices of the
government or any of its agencies;
b. Any inhabited house or dwelling;
c. Any industrial establishment, shipyard, oil
well or mine shaft, platform·or tunnel;
d. Any plantation, farm, pastureland, growing
crop, grain field, orchard, bamboo grove or
forest;
e. Any rice mill, sugar mill, cane mill or
central; and
. f. Any railway or bus station, airport, wharf or
warehouse.
SPECIAL AGGRAVATING
CIRCUMSTANCES IN ARSON (Sec. 4):
(IBS2 )
The circumstances are:
1. If committed with Intent to gain;
2. If committed for the Benefit of another;
3. If the offender is motivated by §.pite or hatred
towards the owner or occupant of the property_
burned; or
NOTE: The special aggravating circumstances
motivated by spite or hatred toward the owner or
occupant of the property burned cannot be
appreciated where it appears that he was acting
more on impulse, heat of anger or rise temper
rather than real spite or hatred that impelled him
to give vent to his wounded ego (People v.
Soriano, G.R. No. 142565, July 29, 2003).
4. If committed by a §.yndicate - planned or carried
out by three or more persons.
WHERE DEATH RESULTS FROM
ARSON; ARSON AND HOMICIDE
If by reason of or on the occasion of arson, death
results, the penalty of death (now reclusion
perpetua, per R.A. No. 9346) shall be imposed. It is
a
not complex crime of arson with homicide under
Art. 48 but one crime of destructive arson because
there is· one specific provision defining the
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combination of crimes to form this composite crime
and specifying its penalty (BOADO, supra at 944).
Rules to determine if the crime committed is
murder only, arson only with homicide absorbed
(special complex crime), or the separate crimes
of murder and arson:
1. Murder
If the main objective is to kill a particular
person who may be in a building or edifice, when
fire is resorted to as the means to accomplish
such goal, the crime is murder only;
2. Arson
If the main objective. is the burning of the
building or edifice, but death results by reason or
on the occasion of arson, the crime is simply
arson, and the resulting homicide is absorbed;
and
3. Murder and Arson
If the objective is, likewise, to kill a particular
person, and in fact the offender has already
mm
_ done so, but fire is resorted to as a means to
_c;over up-the killing, then there are two separate
' ~d, . edistinct crimes committed
homic:idelttiurder and arson (People v. Malngan,
G.R. No, 170470, September 26, 2006).
PRIMA FACIE EVIDENCE OF ARSON
(Sec. 6):
1. If th~~'-$~fted simultaneously in more than
one partrot,ttisbuilding or establishment;
2. If substantial amount of flammable substances
...pr materials are stored within the building not
· ~~~sary in the business of the offender nor for
tidi.'Js'ehblduse;
3., If gasoline, kerosene, petroleum or other
flammable or combustible substances or
materials soaked therewith or containers
thereof, or any mechanical, electrical, chemical,
or electronic contrivance designed to start a fire,
or ashes or traces of any of the foregoing are
found in the ruins or premises of the burned
building or property;
4. If the building or property is insured for
substantially more than its actual value at the
time of the-issuance of the policy;
5. If during the lifetime of the corre~ponding fire
insurance policy, more than two (2) fires have
occurred in the same or other premises owned
or under the control of the offender and/or
insured;
6. If shortly before the fire, a substantial portion of
the effects insured and stored in a building or
property had been withdrawn from the premises
except in the ordinary course of business; and
7. If a demand for money or other valuable
consideration was made before the fire in
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exchange for the desistance of the offender or
for the safety of the person or property of the
victim.
In arson, the corpus delicti rule is generally satisfied
by proof of the bare occurrence of the fire and of its
having been intentionally caused. Even if the whole
house has not been completely gutted by fire, the
crime is still consummated arson. It is enough that a
pdrtion thereof is shown to have been destroyed
(People v. Gutierrez, G.R. No. 100699, July 5, 1996).
. is not necessary that the wood should be ablaze
CONSPIRACY TO COMMIT ARSON
(Sec. 7)
Conspiracy to commit arson is punished by prision
mayor in its minimum period.
Basis for the Penalty of Arson
The enormity of the offense is not measured by the
value of the property that may be destroyed but
rather by the human lives exposed to d8$t'i-uction.lt
is indeed a heinous crime that thE3''law seeks to
suppress with the most serious pehalty t;>ecauseof
its grave anti-social character. (People rv. Acosta,
G.R. No. 126351, February 18, 2000). ·
CONSFISCATION OF OBJECT OF
ARSON (Sec. 8)
GENERAL RULE: The building wt,ich is the object
of arson including the land on w~ich it is _situated
shall be confiscated and esc:;heatedto the·Sfate.
EXCEPTION: The owner thereof can prove that he
has no participation in nor knowledge of such arson
despite the exercise of due dUigence on his part
(Sec. 8).
ATTEMPTED AND CONSUMMATED
ARSON
1. Attempted Arson
Illustration: A person, intending to bum a
wooden structure, collects some rags, soaks
them in gasoline and places them beside the
wooden wall of the building. When he is about to
light a match to set fire to the rags, he is
discovered by another who chases him away.
The offender commences the commission of the
crime directly by overt acts (placing the rags
soaked in gasoline beside the wooden wall of.
the building and lighting a match) but he does
not perform all the acts of execution (the setting
of fire to the rags) due to the timely intervention
of another who chases away the offender
· (REYES1 Book Two, supra at 1108).
But if before the fire was put out, it had burned a
part of the building, it is consummated (Id.).
'
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SPECIAL·PENAL LAWS
Criminal Law
2. Consummated Arson
Arson is consummated when all the acts
necessary to cause and create chemical change
through combustion in the thing sought to ~e
burnt are present. The extent of damage 1s
immaterial, it being sufficient that a portion of the
thing is burned (People v. Hernandez, G.R. No.
31770, December 5, 1929).
Any charring of the wood of a building, whereby
'the fiber of the wood is destroyed, is sufficient. It
(REYES, Book Two, supra at 1108).,.
The mere fact that a building is scorched- or
discolored by heat is not sufficient to constitute.
consummated arson.
Illustration: If a part of the building commences
. to burn, the crime is consummated arson
however small is .theportion burned.
, •' -
. NOTE: Arson has no frustrated stage (BOADO,
s/JPf'aat 941). t:ven if a building is not completely
gutted by t~e fire, the crime committed is ~till
consummated arson. It is ·enough that a portion
ther,of is shown to have been destroyed.
(Pedple v. Gutierrez, G.R. No. 100699, July 5,
1996).
.
.
.TRUST:8.ECEIPTS LAW
PRESIDENTIAL DECREE
, N0.115
Apprt>ve<N:m:
January 29, 1973
Effectlvity Date: January 29, 1973
Topic related to: Crimes Against Property
TRUST RECEIPT (TR)
A written or printed document signed by. the
entrustee in favor of the entruster containing terms
and conditions substantially complying with the
provisions of Trust Receipts Law, whereby the bank
as entruster releases the goods to the possession of
the entrustee but retains ownership thereof while the
entrustee may sell the goods and apply the proceeds
for the full payment of his liability to the bank (Sec.
3(j)).
The trust receipt evidences the absolute title or
security interest of the entruster over the goods (Sec.
4).
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NOTE: No agency relationship is established when
the entrustee executes the TR.
P.D. No. 115 covers not only goods• ultimately
destined for sale but also those for consumption
(Ching v. CA, G.R. No. 110844, April 27, 2000).
Illustration: An (entrustee) is an importer of goods
in the Philippines. He wants to buy the goods of B
(seller) from Japan in order to resell them here in the
Philippines. However, he does not have the
necessary funds to purchase and import the goods.
Thus, he signed a trust receipt in favor of C
(entruster) where C shall lend A the necessary funds
to purchase and import the goods. Upon purchase
and importation. of the goods in the Philippines, A
shall resell the. goods. When the goods are
successfully sold by A, he shall return to C the
borrowed funds, taken from the proceeds of the sale,
in order to end the trust receipt transaction.
TRUST RECEIPT TRANSACTION
This is any transaction by and between a person·
referred to as the entruster, and entrustee, whereby
the entruster, who owns or holds absolute title or
security interests over certain specified goods,
documents or instruments, releases the same to the
possession of the entrustee upon the latter's
execution and delivery to the entruster of a signed
document called a "trust receipt" (Sec. 4).
The entrustee binds himself to hold the. designated
goods, documents or instruments in trust for the
entruster and to sell or otherwise dispose pf the
goods, documents or instruments with the obligation
to turn over to the entruster the proceeds thereof to
the extent of the amount owing to the entruster oras
appears in the trust receipt or the goods, documents
or instruments themselves if they are unsold or not
otherwise disposed of, in accordance with the terms
and conditions specified in the trust receipt, or for
other purposes according to theP.D. No. 115 (Id.).
VIOLATION OF P.D. NO. 115
Nature of Violation
The Trust Receipts Law does not seek to enforce
payment of the loan, rather it punishes the
dishonesty and abuse of confidence in the handling
of money or goods to Jhe prejudice of arTother
regardless of whether the latter is the owner
(Consolidated Bank and Trust Corporation v. Court
of Appeals, G.R. No. 114286, April 19, 2001). The
ma/a prohibita nature of the offense notwithstanding,
the intent to misuse or misappropriate the goods or
their proceeds must be established by the records
(Pilipinas Bank v. Ong, G.R. No. 133176, August 8,
2002).
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The finding that there was no fraud and deceit is
likewise misplaced considering that the offense is
ma/um prohibitum regardless of the existence of
intent or malice. A mere failure to deliver the
proceeds of the sale or the goods if not sold
constitutes a criminal offense that causes prejudice
not only to another, but more to the public interest
(Metropolitan Bank and Trust Company v. Tonda,
G.R. No. 134436, August 16, 2000).
How TR Law is Violated
Whenever the entrustee or the person in whose
favor the TRs were issued fails to:
1. Money received under the obligation involving
the duty to deliver it (entregar/a) to the owner of
the merchandise sold; or
2. Merchandise received under the obligation to
"return" it (devolvera) to the owner (BOADO
SPL, supra at 365).
Violation of TR as a Mode of Committing Estafa
An act violative of a TR agreement is only one mode
of committing estafa under the provision of the RPC.
Stated differently, a violation of a TR arrangement is
··..•
no.t.the sole .basis for incurring liability under Art.
3,15(1)(µ},{Metrobank v. Tonda, G. R. No. 134436,
Augusf1~, 2000).
·,» ,
ELEMENT~ Of; ESTAFA UNDER THE RPC IN
RELATION TO "FHETR LAW: (RMAO)
1. Receipt of the'subject goods in trust or under the
obligation: to sell the same and to remit the
p • ~:to (the trustor), or to return the
good'' bHo1cl;
2. Misappropriation or conversion of the goods
.and/or the proceeds of the sale;
•~rtormance of such acts with Abuse of
·el:i~lldt:l~ce to the damage and prejudice of
trustor bank; and
4. Qemand was made on them by the trustor bank
for the remittance of the proceeds or the return
of the unsold goods (Land Bank of the
Philippines v. Perez, G.R. No. 166884, June 13,
2012).
LIABILITIES FOR VIOLATIONS OF TR
LAW
Failure· of the entrustee to turn over the proceeds of
the sale of goods, covered by TR to the entruster or
to return said goods if they were not dlsposed of in
accordance with the terms of the TR will result to:
1. Criminal and civil liability for estafa under Sec.
13 of the P.O. 115 in relation to Art. 315( 1) of the
RPC, without need of proving intent to defraud
(Sarmiento, Jr. v. Court of Appeals, G.R. No.
122502, December 27, 2002); and
2. Liability for damages under Art. 33 of the Civil
Code (Prudential Bank v. Intermediate Appellate
Court, G.R. No. 74886, December 8, 1992).
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NOTE: The breach of obligation under a trust receipt
agreement is separate and distinct from any criminal
liability for "misuse and/or misappropriation of goods
or proceeds reaiized from the sale of goods,
documents or instruments released under trust
receipts", punishable under Sec. 13 of the Trus_t
Receipts Law in relation to Art. 315(1 )(b) of the RPG
based on an obligation ex contractu and not ex
delicto, the civil action may proceed independently
of the criminal proceedings instituted against
petitioners regardless of ttie result of _thelatter (Phil.
Blooming Mills v. Court of Appeals, G.R. No:
142381, October 15, 2003).
P.O. No. 115 expressly allows the bank to take
possession of the goods cover_ed by the trust
receipts. Thus, even though the bank took
possession of the goods· covered by the trust
receipts,.the entrustees remained liable for the entire
amount of the loans covereo by the trust receipts.
Liability of Entrustee for Loss
Loss of goods, documents or title, pending their
disposition, irrespective of whether or not ltwas due
to the fault or negligence of the eritrustee; shall not
extinguish his obligation to the eritruster for thevafue
thereof (Sec. 10).
Penal Sanction if Offender. is a Corporation
If the entrustee is a corporation, the law makes the
officers or employees of other persons re$ponsible
for the offense liable to '. suffer the penalty of
imprisonment However, the person signing the trust
receipt for the corporation is notsQlidarily tiabte with
the entrustee-corporation for the civil liability arising
from the criminal offense (Ong v. Court of Appeals,
G.R. No. 119858, April 29, 2003). ...
COMPLIANCE WITH TR AGREEMENT,
The effects of compliance with TRs are as follows:
1. Before criminal charge: no criminal liability;
2. After charge, before conviction: extinguishinent
of criminal liability (Phil. Blooming Mills v. Court
of Appeals, G.R. No. 142381, October 15,
2003).
AN ACT REPEALING_THE
CRIME OF PREMATURE
MARRIAGE
UNDER ARTICLE 351
OF ACT NO. 3815,
OTHERWISE KNOWN AS
THE REVISED PENAL CODE
REPUBLIC ACT NO. 10655
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SPECIALPENALLAWS
CriminalLaw
Approved on: March 13, 2015
Effectivity Clause: This Act shall take effect fifteen
(15) days after its complete publication in at least two
(2) newspapers of general circulation (R.A. No.
10655, Sec. 3).
Art. 351 is already decriminaliled. Without prejudice
to the provisions of the Family Code on paternity and
filiation, Art. 351 of the RPG, punishing the crime of
premature marriage committed by a woman, is
hereby repealed (Sec. 1).
GUIDELINES IN THE
OBSERVANCE OF A RULE OF
PREFERENCE IN THE
IMPOSITION OF PENALTIES
IN LIBEL CASES
ADMINISTRATIVE
CIRCULAR 08-2008
Issued: January 25, 2Q08
Effectivity Oat~: January 25, 2Q08
Topic related tQ: Crimes Against Honor
ART. 355 OF THE RPC
Pe11a1tzeslibel, committed by means of writing,
printing, ·lithography,:engraving, radio, phonograph,
painting, ·theatrical exhibition, cinematographic
exhibition, . or any similar means, with prision
cotrect1onai iry its minimum and _medium
penods or fine ranging from P200 to P6,000, or both,
. iri aqditt6h to the civil action which may be· brought
bythe offended party.
PRECEDENT CASES AS BASIS OF THE
CIRCULAR:
The Court opted to impose only a fine on the person
convicted of the q_rimeof libel:
1. The Court modified the penalty imposed upon
petitioner, an officer of a homeowners'
association, for , the crime of libel from
imprisonment and fine in the amount of P200 to
fine only of P3,000, with subsidiary
imprisonment in case of insolvency, for ·the
reason that he wrote the libelous article merely
to defend his honor against the malicious
messages that earlier circulated around the
subdivision, which he thought was the
handiwork of the private complainant (Sazon v.
Court of Appeals, G.R. No. 120715, March 29,
1996).
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MEM:Q~YAID
Sen Beds UnivetsityCollege of Law.- RGCT Bar Operation$ Center
505

2. Where the crime involved is slander by deed, the

Court modified the penalty imposed on the
petitioner,an ordinarygovernment
employee,
· from imprisonment to fine of P1,000.00, with
subsidiary imprisonment in case of insolvency,
on the ground that the latter committed the
offense in the heat of anger and in reaction to a
perceived provocation (Mari v. Court of Appeals,
G.R. No. 127694, May 31, 2000).
3. The Court opted to impose upon petitioner, a
lawyer, the penalty of fine only for the crime of
libel considering that it was his first offense and
he was motivated purely by his belief that he Was -
merely exercising a civil or moral duty to his
client when he wrote the defamatory letter to
private complainant (Buatis, Jr. v. People of the
Philippines, G.R. No. 142509, March 24, ?006).

PRINCIPLES:
1. This Administrative Circular does not remove
imprisonment as an alternative penalty for the
crime libel under Art. 355 of the RPC.
2. The Judges concerned may, in the exercise of
sound discretion, and taking into consideration
the peculiar circumstances of each case,
determine whether the imposition of a fine alone
would best serve the interests of justice or
whether forbearing to impose imprisonment
would depreciate the seriousness of the offense,
work violence on the social order, or otherwise
be contrary to the imperative of justice.
3. Should only a fine be imposed and the accused
be unable to pay the fine, there is no legal
obstacle to the application of the RPC provision
on subsidiary imprisonment.

In the case of Tulfo v. People (G.R. No. 187113,

January 11, 2021), Tulfo argues that_the imposable
penalty should riot include imprisonment pursuant to
Administrative Circular No. 08-2008. On the other
hand, respondent counters that Administrative
Circular No. 08-2008 did not abandon the penalty
of imprisonment, as ·the presiding judge is given
sound discretion to determine whether imprisonment
or mere fine should be imposed. In the case of
Fermin v. People (G.R. No. 157643, March 28,
2008), it discussed that Administrative Circular No.
08-2008 expresses preference for fine in lieu of
imprisonment for libel cases, considering the
circumstances of the case. Nevertheless, the Court
noted that the Circular allows the exercise of
sound discretion in imposing imprisonment if "a
fine alone would depreciate the seriousness of
the offense, work violence on the social order, or
otherwise be contrary to the imperatives of
justice (Tulfo v. People, G.R. No. 187113, January
11, 2021).

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506 .
BIBLIOGRAPHY
Amurao, M. (2013). Commentaries on Criminal Law- Book One. First Edition. Quezon City, Philippines: Central
Book Supply, Inc.

Amurao, M. (2013). Commentaries on Criminal Law - Book Two Part One. First Edition. Quezon City,
Philippines: Central Book Supply Inc.

Amurao, M. (2014). Commentaries on Criminal Law - Book Two Part Two. First Edition. Quezon City,
Philippines: Central Book Supply, Inc.

Boado, L. (2019). Compact Reviewer in Criminal Law. Manila, Philippines: REX Book Store Inc.

Boado, L. (2018). Notes and Cases on the Revised Penal Code Books I and /land Special Penal Laws. Manila,
Philippines: REX Book Store Inc.

Boado, I...(2019). Notes and Cases in Special Penal Laws. Manila, Philippines: REX Book Store Inc.

Campanilla, M. (2020). Criminal Law Reviewer- Volume I. Manila, Philippines: REX Book Store Inc.

Campanilla, M. (2020). Criminal Law Reviewer- Volume II. Manila, Philippines: REX Book Store Inc.

Campanilla, M. (2010). Special Peral Laws- Volume One. Manila, Philippines: REX Book Store Inc.

Campanilla, M. (2010). Special Penal Laws - Volume Two. Manila, Philippines: REX Book Store Inc.

Campanilla, M. (201 Q). Special Penal Laws - Volume Three. Manila, Philippines: REX Book Store Inc.

Estrada, A. (2008). Criminal Law: Book One of the Revised Penal Code. Manila, Philippines: REX Book Store
Inc.

Festin, G. (2013). Special Penal Laws Criminal Law Reviewer - Volume One. Manila, Philippines: REX Book
-Store Inc.

Festin, G. (2014). Special Penal Laws Criminal Law Reviewer- Volume Two. Manila, Philippines: REX Book
Store Inc.

Regalado, F. (2017). Criminal Law Conspectus. Fourth Edition Second Printing. Mandaluyong, Philippines: .
Anvil Publishing, Inc.

Reyes, L. B. (2021 ). The Revised Penal Code - Criminal Law Book One. Twentieth Edition. Manila, Philippines:
REX Book Store Inc. ·

Reyes, L. B. (2021 ). The Revised Penal Code - Criminal Law Book Two. Twentieth Edition. Manila, Philippines:
REX Book Store Inc.

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