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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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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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TABLEOF CONTENTS
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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TABLEOF CONTENTS
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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-MEKQ-RY
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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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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 . .
The obligation of fidelity and obeqience which th.e · ' ·
individual owes to the government under which
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,
. March, 28, 1904/.
hi 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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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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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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CRIMINAL LAW II
Criminal Law
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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ME~Q:RYAID
San Beda University College of Law - RGCTBar Operations Center

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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CRIMINAL LAW II
Criminal Law

TREASON SEDITION ARTICLE 116

(Art. :f/Jf4) (Art. 139) MISPRISION OF TREASON
5. To despoil, for any
MISPRISION OF TREASON
political or social end,
any person, local Misprision of treason is the failure of a citizen to
government or the report as soon as possible a conspiracy, which
National Government comes to his knowledge, against the government.
or · the U.S. But there must be a war in which the Philippines is
Government, of all its involved (BOADO, supra at 402).
property or ay part
thereof. ELEMENTS: (C 3)
(AMURAO, Book Two, Part One, supra at 191- 1. The offender is a £itizen of the Philippines, and
192). 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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MEM:0-:RY
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San Seda UnivetSityCollege of Law - RGCT Bar Operation$ Center

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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CRIMINAL LAW II .
9riminal Law
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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MEM:Q-RY
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San BedaUniversityCOlleg&of I.aw - RGCTBar OperationsCenter

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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·cRIMINAL.LAWll
CriminalLaw

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 II
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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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

N42JFAU3B N42JFAU3B
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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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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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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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N42JFAU3B
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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CRIMINALLAW II
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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N42JFAU3B
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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CRIMINALLAW II
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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CRIMINAL LAW II
Criminal Law

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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N42JFAU3B
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San Seda University College of Law - RGCT Bar Operations Center
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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\ I

MEM✓Q~Y AID
San Beda University CoHege of Law - RGCT Bar Operations Cent.er

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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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
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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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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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a ' '
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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zr \ /

MEM✓Q~Y AID
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
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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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N42JFAU3B
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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CRIMINAL LAW II
Criminal Law

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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Al D
San Beda University College of Law RGCT Bar Operatio0$ Center

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$immaterial that
there are no such armed persons. Conversefy ff the
gathering is not in fact tumultuoos, it does 11otmatter
if there are such armed perso11s present on that
occasion (REGALADO, supra at 4i3).
If the act of disturbing or interropfit,g a meeftng or
religious ceremony is not commi\ed bypublic
officers, or if committed by public officers they qre
participants therein, Art. 153 shovld be applied. If the
person who disturbs or interrupts the rTJ~ting or
religious worship is a public officer NOT parti~ipattng
in the meeting or religious worship, he shatlbe liable
urider Art. 131 or 132 (REYE$, 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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CRIMINAL LAW II
· Criminal Law
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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San Beda University College of Law - RGCT Bar Operations Center

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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CRIMINAL LAW II
Criminal Law
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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MEM✓Q~Y AID
San Beda UniversityCollege of Law - RGCTBar Operations Center
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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CriminalLaw

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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CRIMINALLAW II
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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sanBeda University College of Law - RGCTBar OperationsCentar
- 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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MEM✓Q~Y AID
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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CRIMINAL LAW II
Criminal Law

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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MEM:Q~YAID
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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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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MEM:Q~YAID -
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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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 II
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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\ I

MEM-Q~YAID
San Beda University College of Law - RGCT Bar Operations Center

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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- \ I
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
CriminalLaw

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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N42JFAU3B
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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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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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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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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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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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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MEt4Q~Y AID
San Beda University College of Law - RGCTBar OperationsCenter
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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ARTICLE 206
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).
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CRIMINALLAWII
CriminalLaw
ARTICLE 208
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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a ' '
MEM:Q~YAID
San Beda University College of !..Aw- RGCT Bar Operations Cootar

.
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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CRIMINAL LAW II
Criminal Law

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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San Beda University College of law - RGCT Bar Operations Center
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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N42JFAU3B
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).
Excepted from this provision are the personnel of the
BIR and the BOC who are allowed to collect an
amount different from that fixed since interests and
surcharges are imposed (BOADO, supra at 608).
The National Internal Revenue Code or the
Administrative Code applies (RPG, Art. 213).
ACT PERFORMED AND
CORRESPONDING CRIMES IN
RELATION TO ILLEGAL EXACTION
Act Crime
If the collecting officer There is an additional
(CO) collected a bigger offense of Malversati6n
amount and the excess because he is
pocketed accountable for the
amount collected.
If to facilitate the taking Complex· crime of
of the excess amount, Malversation , through
he falsified the second Falsification
copy of the official Oocument anci'. Illegal
receipt which is to be Exaction
submitted
Falsification of public document andmalversation.
do not require damage as element, herme,
complexing of these crimes is possible u.nder Art.
48, falsification being necessary to col)lmit. the
other. However, if the falsification was resorted to
hide the malversation, the crime is not complex
but separate.
(BOADO, supra at 608-609).
ARTICLE 214
OTHER t=RAUDS
ELEMENTS: (PTA) .
.e.
1. The offender is a ublic officer;
2. He !akes advantage of his official position; and
3. He commits any of the frauds or deceits
enumerated in Arts. 315 to 318 (estafa, other
forms of swindling, swindling a minor, and other
deceits) (REYES, Book Two, supra at 515).
The penalty (special disqualification) under this
Article is in addition to the penalties prescribed in the
Articles violated.
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CRIMINALLAW II
CriminalLaw
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.
ARTICLE 215
PROHIBITED TRANSACTIONS
ELEMENTS: (ATIT)
1. The offender is an Appointive public officer (e.g.
justices, judges or fiscals, employees engagec/
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 ~cumbency; and .
4. He becorpes interested, directly or indirectly, in
any Iransaction of exchange or speculation
(Id.).
The transaction must be one of exchange or
speculation, such as buying and selling stocks,
commodities, land,etc:, hoping to take advantage of
an expected rise andfall in price (Id.).
of
Purchasing of stocks or shares in a company is
simply an investment ,Ind is not a violation of the
article; but buytng r~gt;tlarly securities for resale is
speculatlon (Id, at 517).
A.RTICLE 216
POSSESSION OF PROHIBITED
· INTEREST BY A PUBLIC OFFICER
·i::>ERSONSLIABLE: (PEG)
1. fublic officer who, directly or indirectly, became
interested in any contract or business in which it
was his official duty to intervene;
2. 5.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, distributicm or
adjudication of which they had acted; or
3. Guardians and executors with respect to the
property belonging to their wards or the estate
(Id. at 518).
Actual fraud is NOT necessary. The act is punished
because of the possibility that fraud may be
committed or that the officer or private person (such
as an expert, arbitrator, private accountant, guardian
and executor) may place his own interest above that
of the Government or party which he represents
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(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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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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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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CRIMINAL LAW II
Criminal Law

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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·CRIMINALLAWII
Criminal Law

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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San Beda UniversityCoHegeof Law - RGCTBar OperationsCenter
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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CRIMINAL LAW II
Criminal Law

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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CriminalLaw

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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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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0
254
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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Criminal Law
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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San Seda UniversityCollege of Law - RGCTBar Operations Center
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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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
Criminal Law

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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MEM✓Q~Y AID
San Beda UniversJty College of Law • RGCT Bar Operations Center

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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CRIMINAL LAWII
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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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MEM:Q~YAID
San Beda University College of Law RGCT Bar Operations Center

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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MEt40-RYAID
San Beda UniversityCollege of law - RGCTBar Operations Center
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

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

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MEM-Q-:RY
AlD
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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CRIMINAL LAW II
Criminal Law
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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San Bada University College of Law - RGCTBar OperationsCent~
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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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
WHEN THE OFFENSE COMMITTED IS
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
ELEMENTS: (lnCoV)
1. The offender has Intent to defraud aootfier·
2. The offender Compels him to sign~·execute, or
deliver any public instrument Of document; and
3. The compulsion is by meoo·s 9f YJ\:)tence,_QJ
intimidation (REYES, Book Two, supra at 878).
Art. 298 applies even if the document' signed,
executed or delivered is, a puplic, private or
commercial document; however: it.is not applicable
if the document is void (Id. at 879).
·taken from inside the hduse, the crime committed is
- SECTION TWO, , 1
ROBBERY BY THE USE OF FORCE' I
UPON THINGS - a house. not to ge.tbut (REYES, Book Two, supra at
,_ ---
',
,,1'"
ARTICLE 299
ROBBERY IN AN INHABITED
HOUSE/PUBLIC BUILDING OR EDIFICE
DEVOTED TO WORSHIP
ELEMENTS (SUBDIVISION A): (E-E-1)
1. The offender 5ntered: (IPE)
a. An !nhabited house;
b. A fublic building; or
c. An 5difice devoted to religious worship;
2. The entrance was 5ffected by any of the
following means: (OBFN)
a. Through an Opening not intended for
entrance or egress;
b. By §,reaking any wall, roof, floor, door, or
window;
c. By using Ealse keys, picklocks or similar
tools;
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Criminal Law
d. By using any fictitious tfame or pretending
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).
The. complex crime of robbery in an inhabited house
by arrned persons and robbery with violence against
or.intimidation of persons was committed when the
accused, who held firearms, entered the residential
house of the victims and inflicted injury upon the
victims._in the process of committing the robbery
(Fransdil/a v. People, G.R. No. 197562, April 20,
2015). - ' .
Where the accused forced open the door without
breaking it, and there~fter personal property was
theft not robbecy (People v. Fernandez, G.R. No.
39408, Octobe[ :11,"1'933).
Any.ofthe fo~ mean~ described in subdivision (a) of
Art. 299 must be re~rted to by the offender to enter
81}~);
Thewa11Jiirbkenmust be an outside wall, not a wall
betwetfn rooms in a house or building, because the
breaking of a wall must be for the purpose of
entering (Id. at 886).
But if a room is occupied by a person as his separate
dwelling, the breaking of the room's wall may give
rise to robbery (Id.).
False Keys
It includes genujne keys stolen from the owner or
any keys other than those intended by the owner for
use in the lock forcibly opened by the offender (RPG,
Art. 305).
Also includes picklock or similar tools, or stolen key.
Using a false key to enter the building is an element
of robbery by using force upon thing under Article
299 or 302 (II CAMPANILLA, Reviewer, supra at
530).
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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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MEM✓\/llY AlD
San Beda ~ College of Law - RGCTBar Operations Center
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).
:;;;:•
• •·~
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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MEM:Q~YAID
San Beda University College of Law RGCT Bar Operations Center
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
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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CRIMINAL LAW II
Criminal Law
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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CRIMINAL LAW II
Criminal Law

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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Criminal Law
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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CRIMINAL LAW II
Criminal Law

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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CRIMINAL LAW II
Criminal Law

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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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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MEM:,Q~YAlD
San Seda University College of law - RGCT Bar Operation$ Center
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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MEKrO~v
AID
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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.CRIMINAL LAW II .
CriminalLaw

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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San 8eda Un~ity College of Law - RGCT Bar Operations Center

; 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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EEl!i+ '
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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MEM:Q.:RY
AlD
San Seda UniversityCollege of Law- RGCTBar OperationsCenter

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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CRIMINALLAW II
Criminal Law .

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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MEM,Q~YAID
San Seda University College of Law - RGCT Bar Operations Center
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 Law
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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MGM& '
MEM:Q~YAID
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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CRIMINAL LAW II
Criminal Law

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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MEM✓Q~Y AID
San Beda Univers\tyCoffegeof Law - RGCTBar Operations Center
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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fifiM \ I

MEM-Q~YAID
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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SUMMARY OF ELEMENTS
Criminal Law
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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San Seda Univaralty Collage of Law - RGCT Bar
Operations Center
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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SUMMARY OF ELEMENTS
Criminal Law
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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343

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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SUMMARYOF ELEMENTS
CriminalLaw•

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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347

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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348 SUMMARY OF ELEMENTS

0
Criminal Law

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
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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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SUMMARY OF ELEMENTS
Criminal Law

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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SUMMARYOF ELEMENTS
Criminal Law

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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SUMMARY OF ELEMENTS,
Criminal Law

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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SUMMARY OF ELEMENTS
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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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SUMMARY OF ELEMENTS
Criminal Law
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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SUMMARY OF ELEMENTS
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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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SUMMARY OF ELEMENTS
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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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SUMMARY OF ELEMENTS
Criminal Law

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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SUMMARY_OF ELEMENTS
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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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