Guide For Criminal Law Book 2

TABLE OF CONTENTS
Crime Against National Security and Law of the Nations ------- 1-7
Crime Against Fundamental Law of the State ------- 8- 15
Crime Against Public Order ------- 16-20
Crime Against Popular Representation ------- 17-30
Crime Against Public Interest ------- 31-42
Crime Against Public Morals ------- 43-44
Crime Committed by Public Officer ------- 45-62
Crime Against Person ------- 63-74
Crime Against Personal Liberty and Security ------- 75-85
Crime Against Property ------- 86-103
Crime Against Chastity ------- 104-107
Crime Against Civil Status of a Person ------- 108-109
Crime Against Honor ------- 109-112
Quasi- Offenses ------- 113-114
Series of 2023
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Book Two
Crimes and Penalties
CRIMES AGAINST NATIONAL SECURITY AND LAWS OF NATIONS
Art. 114. Treason - Any Filipino citizen who levies war against the Philippines or adheres
to her enemies, giving them aid or comfort within the Philippines or elsewhere, shall be
punished by reclusión perpetua to death and shall pay a fine not to exceed P4,000,000.
No person shall be convicted of treason unless on the testimony of 2 witnesses at least
to the same overt act or on confession of the accused in open court.
Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in
paragraph 1 of this article shall be punished by reclusión temporal to death and shall pay
a fine not to exceed P4,000,000. (Article 114, Revised Penal Code, as amended by Republic
Act No. 10951)
Elements
i. That the offender is a Filipino citizen or alien residing in the Philippines;
ii. That there is a war in which the Philippines is involved;
iii. That the offender either:
(1) Levies war against the Government, or
(2) Adheres to the enemies, giving them aid or comfort. (Reyes, Revised Penal Code
Book 2, 2012 edition, p. 2)
Treason is a breach of allegiance to a government, committed by a person who owes

allegiance to it.
"Allegiance" is meant the obligation of fidelity and obedience which the individuals owe
to the government under which they live or to their sovereign, in return for the protection
they receive
Levying war requires the concurrence of two things: (1) that there be an actual
assembling of men, (2) for the purpose of executing a treasonable design by force.
The phrase "adherence to the enemy" means intent to betray. There is "adherence to
the enemy" when a citizen intellectually or emotionally favors the enemy and harbors
sympathies or convictions disloyal to his country's policy or interest. (Cramer vs. U.S., 65
Sup. Ct. 918, April 23, 1945)
The phrase "aid or comfort" means an act which strengthens or tends to strengthen the
enemy in the conduct of war against the traitor's country and an act which weakens or
tends to weaken the power of the traitor's country to resist or to attack the enemy. (Cramer
vs. U.S., supra)
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The two-witness rule. The testimony of two witnesses is required to prove the overt act
of giving aid or comfort. It is not necessary to prove adherence. An overt act is defined as
that physical activity, that deed that constitutes the rendering of aid and comfort.
Art. 115 Conspiracy and proposal to commit treason - The conspiracy or proposal to
commit the crime of treason shall be punished respectively, by prisión mayor and a fine
not exceeding P2,000,000, and prisión correccional and a fine not exceeding P1,000,000.
(Article 115, Revised Penal Code, as amended by Republic Act No. 10951)
How are the crimes of conspiracy and proposal to commit treason committed?
Conspiracy to commit treason is committed when in time of war, two or more persons
come to an agreement to levy war against the Government or to adhere to the enemies
and to give them aid or comfort, and decide to commit it. (Arts. 8 and 114)
Proposal to commit treason is committed when in time of war a person who has decided
to levy war against the Government or to adhere to the enemies and to give them aid or
comfort, proposes its execution to some other person or persons. (Arts. 8 and 114)
Conspiracy or proposal as a felony.
Although the general rule is that conspiracy and proposal to commit a felony is not
punishable (Art. 8), unless there is a penalty that provides, therefore.
Art. 115. is considered conspiracy as a crime because there is a penalty. On the other
hand, conspiring and confederating to commit the crime of murder is not punishable
because there is no penalty unless the planning of killing were already executed, this is
an example of Conspiracy as a manner of incurring criminal liability where the act of one
is the act of all, applying the principle of uniformity of criminal design.
Art. 116. Misprision of treason - Every person owing allegiance to the Government of
the Republic of the Philippines, without being a foreigner, and having knowledge of any
conspiracy against them, conceals or does not disclose and make known the same, as
soon as possible to the governor or fiscal of the province, or the mayor or fiscal of the city
in which he resides, as the case may be, shall be punished as an accessory to the crime
of treason. (Article 116, Revised Penal Code, as amended by Republic Act No. 10951)
Elements:
1. That the offender must be owing allegiance to the Government, and not a
foreigner.
2. That he has knowledge of any conspiracy (to commit treason) against the
Government.
3. That he conceals or does not disclose and make known the same as soon as
possible to the governor or fiscal of the province or the mayor or fiscal of the city
in which he resides.
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Art. 117. Espionage - The penalty of prisión correccional shall be inflicted upon any
person who:
a. Without authority therefor, enters a warship, fort, or naval or military establishment or

reservation to obtain any information, plans, photographs, or other data of a confidential
nature relative to the defense of the Philippine Archipelago; or
b. Being in possession, by reason of the public office he holds, of the articles, data, or
information referred to in the preceding paragraph, discloses their contents to a
representative of a foreign nation. The penalty next higher in degree shall be imposed if
the offender be a public officer or
employee. (Article 117, Revised Penal Code, as amended by Republic Act No. 10951)
Espionage is the offense of gathering, transmitting, or losing information respecting the
national defense with intent or reason to believe that the information is to be used to the
injury of the Republic of the Philippines or to the advantage of any foreign nation.
Two ways of committing espionage under Art. 117.
1. By entering, without authority therefor, a warship, fort, or naval or military establishment
or reservation to obtain any information plans, photographs or other data of a confidential
nature relative to the defense of the Philippines. Elements: (a) That the offender enters
any of the places mentioned therein; (b) That he has no authority therefor; (c) That his
purpose is to obtain information, plans, photographs or other data of a confidential nature
relative to the defense of the Philippines. (Guevara)
2. By disclosing to the representative of a foreign nation the contents of the articles, data
or information referred to in paragraph No. 1 of Art. 117, which he had in his possession
by reason of the public office he holds.
Elements:
(a) That the offender is a public officer;
(b) That he has in his possession the articles, data or information referred to in
paragraph No. 1 of Art. 117, by reason of the public office he holds;
(c) That he discloses their contents to a representative of a foreign nation.
Art 118. Inciting to war or giving motives for reprisals - The penalty of reclusión
temporal shall be imposed upon any public officer or employee, and that of prisión mayor
upon any private individual, who, by unlawful or unauthorized acts provokes or gives
occasion for a war involving or liable to involve the Philippines or exposes Filipino citizens
to reprisals on their persons or property. (Article 118, Revised Penal Code, as amended by Republic
Act No. 10951)
a. Elements
i. That the offender performs unlawful or unauthorized acts.
ii. That such acts provoke or give occasion for a war involving or liable to involve
the Philippines or expose Filipino citizens to reprisals on their persons or property.
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(Reyes, Vol. 2, p. 27)
Example:
The raising, without sufficient authorization, of troops within the Philippines for the service
of a foreign nation against another nation The public destruction of the flag or seal of a
foreign state or the public manifestations of hostility to the head or ambassador of another
state.
Art 119. Violation of neutrality - The penalty of prisión correccional shall be inflicted
upon anyone who, on the occasion of a war in which the Government is not involved,
violates any regulation issued by competent authority for the purpose of enforcing
neutrality.(Article 119, Revised Penal Code, as amended by Republic Act No. 10951)
Elements
i.That there is a war in which the Philippines is involved;

ii. That there is a regulation issued by competent authority for the purpose of
enforcing neutrality;
iii. That the offender violates such regulation. (Reyes, Vol. 2, pp. 29-30)
Neutrality, defined.
A nation or power which takes no part in a contest of arms going on between others is
referred to as neutral. (Burril, L.D.)
Art. 120. Correspondence with hostile country - Any person who in time of war, shall
have correspondence with an enemy country or territory occupied by enemy troops shall
be punished: (Article 120, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That it is in time of war in which the Philippines is involved;
ii. That the officer makes correspondence with an enemy country or territory
occupied by enemy troops;
iii. That the correspondence is either:
(1) Prohibited by the Government, or
(2) Carried on in ciphers or conventional signs, or
(3) Containing notice or information which might be useful to the enemy.
(Reyes,Vol. 2, p.30)
Correspondence is communication by means of letters; or it may refer to the letters which

pass between those who have friendly or business relations.
Art. 121. Flight to enemy's country - The penalty of arresto mayor shall be inflicted
upon any person who, owing allegiance to the Government, attempts to flee or go to an
enemy country when prohibited by competent authority. (Article 121, Revised Penal Code, as
amended by Republic Act No. 10951)
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Elements:
1. That there is a war in which the Philippines is involved;
2. That the offender must be owing allegiance to the Government;
3. That the offender attempts to flee or go to enemy country;
4. That going to enemy country is prohibited by competent authority.
An alien resident may be guilty of flight to enemy country.

An alien resident in the country can be held liable under this article. The law does not say
"not being a foreigner." Hence, the allegiance contemplated in this article is either natural
or temporary allegiance.
Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters - The
penalty of reclusión perpetua shall be inflicted upon any person who, on the high seas,
or in Philippine waters shall attack or seize a vessel or, not being a member of its
complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its
equipment, or personal belongings of its complement or passengers.
The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine
waters. (Article 122, Revised Penal Code, as amended by Republic Act No. 10951)
Modes of committing piracy
i. By attacking or seizing a vessel on the high seas or in Philippine waters;

ii. By seizing in the vessel while on the high seas or in Philippine waters the whole or part
of its cargo, its equivalent or personal belongings of its complement or passengers. (Reyes,
Vol. 2, p. 32)
Elements
i. That a vessel is on the high seas or in Philippine waters;
ii. That the offenders are not members of its complement or passengers of the vessel;
iii. That the offenders:
(1) Attack or seize that vessel, or
(2) Seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers. (Id.)
Definition of piracy.
It is robbery or forcible depredation on the high seas, without lawful authority and done
with animo furandi and in the spirit and intention of universal hostility. (People vs. Lol-lo, et
al., 43 Phil. 19)
Definition of mutiny.
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It is the unlawful resistance to a superior officer, 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)
Anti Piracy Law ( PD 532)
Offender: a pirate is any person including passenger or member of the complement of

the vessel. In sum, the pirate can be an outsider or insider.
Place of Commission: Philippine waters only
Acts committed: attacking upon or seizing a vessel, or taking away or seizing the vessel
or other properties with intent to gain.
Anti Hijacking Law ( RA 6235)
Hijacking is committed by a person who compels a change in the course or destination

of an aircraft of Philippine registry, or seizes or usurps the control thereof, while it is in
flight. An aircraft is in flight from the moment all its external doors are closed following
embarkation until any of such doors is opened for disembarkation.
Human Security Act of 2007 ( RA 9372)
Terrorism is perpetrated by a person who commits a predicate crime, which creates a

condition of a widespread and extraordinary fear and panic among the populace in order
to coerce the government to give in to an unlawful demand.
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CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE
Art. 124. Arbitrary detention - Any public officer or employee who, without legal
grounds, detains a person, shall suffer:
a. The penalty of arresto mayor in its maximum period to prisión correccional in its
minimum period, if the detention has not exceeded 3 days;
b. The penalty of prisión correccional in its medium and maximum periods, if the
detention has continued more than 3 but not more than 15 days;
c. The penalty of prisión mayor, if the detention has continued for more than 15
days but not more than 6 months; and
d. That of reclusión temporal, if the detention shall have exceeded 6 months.
The commission of a crime, or violent insanity or any other ailment requiring the
compulsory confinement of the patient in a hospital, shall be considered legal grounds for
the detention of any person. (Article 124, Revised Penal Code, as amended by Republic Act No.
10951)
Elements:
1. That the offender if a public officer or employee.

2. That he detains a person.
3. That the detention is without legal grounds. (U.S. vs. Braganza, et al., 10 Phil. 79; Milo vs.
Salonga, 152 SCRA 113; Astorga vs. People, G.R. No. 154130, October 1, 2003)
Classes of arbitrary detention:

(1) Arbitrary detention by detaining a person without legal ground. (Art. 124)
(2) Delay in the delivery of detained persons to the proper judicial authorities. (Art. 125)
(3) Delaying release. (Art. 126)
The penalties for the three classes of arbitrary detention are the same, as provided in
Article 124. Articles 125 and 126 do not provide penalties for their violation. They make
reference to the penalties provided for in Article 124.
When is there a detention?
Detention is defined as the actual confinement of a person in an enclosure, or in any

manner detaining and depriving him of his liberty.
Arrest without warrant — When lawful. A peace officer or a private person may,
without a warrant, arrest a person:
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(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense; - IN FLAGRANTE DELICTO
–
(b) When an offense has in fact just been committed, and he has probable cause to
believe based on personal knowledge of facts and circumstances that the person to be
arrested has committed it; - HOT PURSUIT OPERATION -
and
(c) 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. – ESCAPEE OR FUGITIVE FROM JUSTICE (Sec. 5, Rule 113, Revised Rules of
Criminal Procedure)
Probable cause can be defined as such facts and circumstances which could lead a
reasonable discreet and prudent man to believe that an offense has been committed and
that the object sought in connection with the offense are in the place sought to be
searched.
Art. 125. Delay in the delivery of detained persons to the proper judicial authorities
– The penalties provided in the next preceding article shall be imposed upon the public
officer or employee who shall detain any person for some legal ground and shall fail to
deliver such person to the proper judicial authorities within the period of: 12 hours, for
crimes or offenses punishable by light penalties, or their equivalent; 18 hours, for crimes
or offenses punishable by correctional penalties, or their equivalent and 36 hours, for
crimes, or offenses punishable by afflictive or capital penalties, or their equivalent. In
every case, the person detained shall be informed of the cause of his detention and shall
be allowed upon his request, to communicate and confer at any time with his attorney or
counsel. (Article 125, Revised Penal Code, as amended by Republic Act No.10951)
Elements
i. That the offender is a public officer or employee;
ii. That he has detained a person for some legal ground;
iii. That he fails to deliver such person to the proper judicial authorities within:
(1) 12 hours, for crimes or offenses punishable by light penalties, or their
equivalent; or
(2) 18 hours, for crimes or offenses punishable by correctional penalties, or their
equivalent; or
(3) 36 hours, for crimes or offenses punishable by afflictive or capital penalties, or
their equivalent. (Reyes, Vol. 2, p. 53)
If the offender is a private person, the crime is illegal detention.
A private individual who makes a lawful arrest must also comply with the requirements
prescribed in Art. 125. If he fails to do so, he shall be guilty of illegal detention (Art. 267
or Art. 268), not arbitrary detention. The periods of time in Art. 125 were applied to the
arrests made by a private person. (People vs. Sali, et al., C.A., 50 O.G. 5676)
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"Proper judicial authorities."
The term "judicial authorities", as used in Art. 125, means the courts of justice or judges
of said courts vested with judicial power to order the temporary detention or confinement
of a person charged with having committed a public offense, that is, the "Supreme Court
and such inferior courts as may be established by law." (Section 1, Article VIII of the 1987
Constitution)
Art. 126. Delaying release - The penalties provided for in Article 124 shall be imposed
upon any public officer or employee who delays for the period of time specified therein
the performance of any judicial or executive order for the release of a prisoner or detention
prisoner, or unduly delays the service of the notice of such order to said prisoner or the
proceedings upon any petition for the liberation of such person. (Article 126, Revised Penal
Code, as amended by Republic Act No. 10951)
Acts punishable
i. By delaying the performance of a judicial or executive order for the release of a prisoner.
ii. By unduly delaying the service of the notice of such order to said prisoner.
iii. By unduly delaying the proceedings upon any petition for the liberation of such
person.(Reyes, Vol. 2, p. 61)
Elements
i. That the offender is a public officer or employee.
ii. 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.
iii. That the offender without good reason delays:
(1) The service of the notice of such order to the prisoner; or

(2) The performance of such judicial or executive order for the release of the
prisoner; or
(3) The proceedings upon a petition for the release of such person. (Ibid., p. 62)
Example of delaying release.
For failure to prosecute, because the witness of the prosecution did not appear, the case
was dismissed and the justice of the peace gave an order to release the accused. The
jailer refused to release the accused, notwithstanding that order of release, until after
several days.
Art. 127. Expulsion - The penalty of prisión correccional shall be imposed upon any
public officer or employee who, not being thereunto authorized by law, shall expel any
person from the Philippines or shall compel such person to change his residence. (Article
127, Revised Penal Code, as amended by Republic Act No. 10951)
Acts punishable
i. By expelling a person from the Philippines.
ii. By compelling a person to change his residence. (Reyes, Vol. 2, p. 62)
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Elements
ii. That he expels any person from the Philippines, or compels a person to change
his residence.
iii. That the offender is not authorized to do so by law. (Ibid., p. 63)
"Not being thereunto authorized by law."

Only the court by a final judgment can order a person to change
his residence. This is illustrated in ejectment proceedings, expropriation proceedings and
in the penalty of destierro.
What are the crimes known as violation of domicile?

They are:
1. Violation of domicile by entering a dwelling against the will of the owner thereof or
making search without previous consent of the owner. (Art. 128)
2. Search warrants maliciously obtained and abuse in the service of those legally
obtained. (Art. 129)
3. Searching domicile without witnesses. (Art. 130)
Art. 128. Violation of domicile - The penalty of prisión correccional in its minimum period
shall be imposed upon any public officer or employee who, not being authorized by judicial
order, shall enter any dwelling against the will of the owner thereof, search papers or
other effects found therein without the previous consent of such owner, or having
surreptitiously entered said dwelling, and being required to leave the premises, shall
refuse to do so. If the offense be committed in the night-time, or if any papers or effects
not constituting evidence of a crime be not returned immediately after the search made
by the offender, the penalty shall be prisión correccional in its medium and maximum
periods. (Article 128, Revised Penal Code, as amended by Republic Act No. 10951)
Acts punishable
i. By entering any dwelling against the will of the owner thereof; or
ii. By searching papers or other effects found therein without the previous consent of such
owner; or
iii. By refusing to leave the premises, after having surreptitiously entered said dwelling
and
after having been required to leave the same. (Reyes, Vol. 2, p. 64)
Elements common to 3 acts

ii. That he is not authorized by judicial order to enter the dwelling and/or to make a
search therein for papers or other effects. (Id.)
Meaning of "search" as used in this article.
Two policemen were charged with violation of domicile. What they did was to enter the
house of the complainant and look for the pen knife which the latter carried when they
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followed him. Nobody prohibited or prevented their entrance to said house whose doors
were open, and the alleged search was limited to looking at what was in the sala and the
kitchen. It was held that the fact of looking at what was in the sala and the kitchen of the
house to see if the pen knife was there, cannot be strictly considered as the search of
papers and other effects punished by Art. 128. (People vs. Ella, et al., C.A., 49 O.G. 1891)
But when the owner of the house had objected to the intended entrance of and search by
a barrio lieutenant who entered and proceeded to search the house, inspecting some jars
and baskets therein found, there was a violation of domicile. (U.S. vs. Macaspac, 9 Phil. 207)
Art. 129. Search warrants maliciously obtained and abuse in the service of those
legally obtained
- In addition to the liability attaching to the offender for the commission of any other
offense, the penalty of arresto mayor in its maximum period to prisión correccional in its
minimum period and a fine not exceeding P200,000 shall be imposed upon any public
officer or employee who shall procure a search warrant without just cause, or, having
legally procured the same, shall exceed his authority or use unnecessary severity in
executing the same. (Article 129, Revised Penal Code, as amended by Republic Act No.10951)
By procuring a search warrant without just By exceeding his authority or by using

Cause unnecessary severity in executing a
search
warrant legally procured
i. That the offender is a public officer or i. That the offender is a public officer or
employee. employee.
ii. That he procures a search warrant. ii. That he has legally procured a search
iii. That there is no just cause. (Reyes, Vol. warrant.
2, p. 67) iii. That he exceeds his authority or uses
unnecessary severity in executing the same.
(Ibid., p. 71)
Art. 130. Searching domicile without witnesses - The penalty of arresto mayor in its
medium and maximum periods shall be imposed upon a public officer or employee who,
in cases where a search is proper, shall search the domicile, papers or other belongings
of any person, in the absence of the latter, any member of his family, or in their default,
without the presence of two witnesses residing in the same locality. (Article 130, Revised
Penal Code, as amended by Republic Act No. 10951)
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Elements
ii. That he is armed with search warrant legally procured.
iii. That he searches the domicile, papers or other belongings of any person.
iv. That the owner, or any member of his family, or two witnesses residing in the
same locality are not present. (Reyes, Vol. 2, p. 72)
Validity of search warrant.
A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall be void.
(Sec. 10, Rule 126, Revised Rules of Criminal Procedure)
Art. 131. Prohibition, interruption and dissolution of peaceful meetings - The penalty
of prisión correccional in its minimum period shall be imposed upon any public officer or
employee who, without legal ground, shall prohibit or interrupt the holding of a peaceful
meeting, or shall dissolve the same. The same penalty shall be imposed upon a public
officer or employee who shall hinder any person from joining any lawful association or
from attending any of its meetings. The same penalty shall be imposed upon any public
officer or employee who shall prohibit or hinder any person from addressing, either alone
or together with others, any petition to the authorities for the correction of abuses or
redress of grievances. (Article 131,Revised Penal Code, as amended by Republic Act No. 10951)
a. Acts punishable
i. By prohibiting or by interrupting, without legal ground, the holding of a peaceful meeting,
or by dissolving the same.
ii. By hindering any person from joining any lawful association or from attending any of its
meetings.
iii. By prohibiting or hindering any person from addressing, either alone or together with
others, any petition to the authorities for the correction of abuses or redress of grievances.
(Reyes, Vol. 2, p. 74)
Elements common to 3 acts

i. That the offender is a public officer or employee; and
ii. That he performs any of the acts mentioned above. (Ibid., p. 75)
A private individual cannot commit this crime.

Only a public officer or employee can commit this crime. If the offender is a private
individual, the crime is disturbance of public order denned in Art. 153.
Right to peaceful meeting is not absolute.

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 equal enjoyment of others having equal rights, nor injurious to the right of the
community or society," and this power may be exercised under the "police power" of the
state, which is the power to prescribe regulations to promote the good order or safety and
general welfare of the people.
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Art. 132. Interruption of religious worship - The penalty of prisión correccional in its
minimum period shall be imposed upon any public officer or employee who shall prevent
or disturb the ceremonies or manifestations of any religion. If the crime shall have been
committed with violence or threats, the penalty shall be prisión correccional in its medium
and maximum periods. (Article 132, Revised Penal Code, as amended by Republic Act No. 10951)
Elements
ii. That religious ceremonies or manifestations of any religion are about to take
place or are going on.
iii. That the offender prevents or disturbs the same.
iv. Qualifying circumstance - If the crime is committed with violence or threats.
(Reyes,Vol. 2, p. 79)
Preventing a religious ceremony that is to take place.
In a barrio chapel, a priest was ready to say mass and a number of barrio folks were there
to hear mass. The barrio lieutenant made an actual threat on the life of the priest should
the latter persist in his intention to say the mass. As a result, the mass was not celebrated.
Held: The barrio lieutenant was guilty of a violation of Art. 132. (See People vs. Mejica, CAG.R.
No. 12980-R, Dec. 29, 1955)
Art. 133. Offending the religious feelings - The penalty of arresto mayor in its maximum
period to prisión correccional in its minimum period shall be imposed upon anyone who,
in a place devoted to religious worship or during the celebration of any religious ceremony
shall perform acts notoriously offensive to the feelings of the faithful. (Article 133, Revised
Elements
i. That the acts complained of were performed:
(1) In a place devoted to religious worship, or
(2) During the celebration of any religious ceremony.
ii. That the acts must be notoriously offensive to the feelings of the faithful. (Reyes,
Vol. 2, p. 79)
"In a place devoted to religious worship
It would seem that in the phrase "in a place devoted to religious worship," it is not
necessary that there is a religious ceremony going on when the offender performs acts
notoriously offensive to the feelings of the faithful. The phrase "during the celebration" is
separated by the word "or" from the phrase "place devoted to religious worship," which
indicates that the "religious ceremony" need not be celebrated in a place of worship.
Meaning of religious ceremonies.
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Religious ceremonies are those religious acts performed outside of a church, such as
processions and special prayers for burying dead persons.(Albert)
"Acts notoriously offensive to the feelings of the faithful."
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 object of religious
veneration. (Viada; People vs. Baes, 68 Phil. 203)
Example:
Throwing stone at the minister of the Iglesia ni Cristo who was preaching or spreading his
beliefs before a crowd notoriously offended the religious feelings of the minister and of
the members of the Iglesiani Cristo who witnessed the incident. (People vs. Migallos, CA-G R
No. 13619-R, Aug. 5, 1955
CRIME AGAINST PUBLIC ORDER
Art. 134. Rebellion or insurrection - The crime of rebellion or insurrection is committed

by rising publicly and taking arms against the Government for the purpose of removing
from the allegiance to said Government or its laws, the territory of the Philippines or any
part thereof, of any body of land, naval or other armed forces, depriving the Chief
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Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.
a. Distinction between rebellion and insurrection
Rebellion Insurrection
It is more frequently used where the object It is more commonly employed in reference
of the movement is completely to to a movement which seeks merely to
overthrow and supersede the existing effect
government. some change of minor importance, or to
prevent the exercise of governmental
authority with respect to particular matters
or subjects.
(Reyes, Vol. 2, pp. 85-86)

Elements
i. That there be:

(1) Public uprising, and
(2) Taking arms against the Government.
ii. That the purpose of the uprising or movement is either:
(1) To remove from the allegiance to said Government or its laws:

(a) The territory of the Philippines or any part thereof; or
(b) Any body of land, naval or other armed forces; or
(2) To deprive the Chief Executive or Congress, wholly or partially, of any of their powers
or prerogatives. (Ibid., p. 85)
Rebellion distinguished from treason.
(a) The levying of war against the Government would constitute treason when performed
to aid the enemy. It would also constitute
an adherence to the enemy, giving him aid and comfort. (U.S. vs. Lagnason, 3 Phil. 472) The
levying of war against the Government during peace time for any of the purposes
mentioned in Art. 134 is rebellion.
(b) Rebellion always involves taking up arms against the Government; treason may be
committed by mere adherence to the enemy giving him aid or comfort.
Art. 134 – a. Coup d'etat - The crime of coup d'etat is a swift attack accompanied by
violence, intimidation, threat, strategy or stealth, directed against duly constituted
authorities of the Republic of the Philippines, or any military camp or installation,
communications network, public utilities or other facilities needed for the exercise and
continued possession of power, singly or simultaneously carried out anywhere in the
16
Philippines by any person or persons, belonging to the military or police or holding any
public office or employment with or without civilian support or participation for the purpose
of seizing or diminishing state power. (Article 134-A, Revised Penal Code, as amended by Republic
Act No. 10951)
Elements
i. That the offender is a person or persons belonging to the military or police or holding
any public office or employment;
ii. That it is committed by means of a swift attack, accompanied by violence, intimidation,
threat, strategy or stealth;
iii. That the attack is directed against duly constituted authorities of the Republic of the
Philippines, or any military camp or installation, communication networks, public utilities
or other facilities needed for the exercise and continued possession of power;
iv. That the purpose of the attack is to seize or diminish state power. (Reyes, Vol. 2, p. 91)
NOTE: The crime of coup d’etat may be committed with or without civilian participation.
(Ibid., p. 92)
Persons liable for rebellion, insurrection and coup d’etat
Persons liable Penalty

Any person who promotes, maintains, or Reclusión perpetua
heads rebellion or insurrection
Any person merely participating or Reclusión temporal
executing the commands of others in a
rebellion
Any person who leads or in any manner Reclusión perpetua
directs or commands others to undertake
a
coup d'etat
Any person in the government service who Reclusión temporal in its maximum period
participates, or executes directions or
commands of others in undertaking a coup
d'etat
Any person not in the government service Prisión mayor in its maximum period
who participates, or in any manner
supports, finances, abets or aids in
undertaking a coup d'etat
NOTE: When the rebellion, insurrection, or coup d'etat shall be under the command of
unknown leaders, any person who in fact directed the others, spoke for them, signed
receipts and other documents issued in their name, as performed similar acts, on behalf
of the rebels shall be deemed a leader of such a rebellion, insurrection, or coup d'etat.
(Id.)
17
Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection
– The conspiracy and proposal to commit coup d'etat shall be punished by prisión mayor
in its minimum period and a fine which shall not exceed P1,000,000. The conspiracy and
proposal to commit rebellion or insurrection shall be punished respectively, by prisión
correccional in its maximum period and a fine which shall not exceed P1,000,000 and by
prisión correccional in its medium period and a fine not exceeding P400,000. (Article 136,
Revised Penal Code, as amended by Republic Act No.10951)
Art. 137. Disloyalty of public officers or employees - The penalty of prisión

correccional in its minimum period shall be imposed upon public officers or employees
who have failed to resist a rebellion by all the means in their power, or shall continue to
discharge the duties of their offices under the control of the rebels or shall accept
appointment to office under them. (Article 137, Revised Penal Code, as amended by Republic Act
No. 10951)
a. Acts of disloyalty punishable

i. By failing to resist a rebellion by all the means in their power; or
ii. By continuing to discharge the duties of their offices under the control of the rebels; or
iii. By accepting appointment to office under them. (Reyes, Vol. 2, p. 101)
Art. 138. Inciting to rebellion or insurrection - The penalty of prisión mayor in its
minimum period shall be imposed upon any person who, without taking arms or being in
open hostility against the Government, shall incite others to the execution of any of the
acts specified in Article 134 of this Code, by means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same end. (Article 138, Revised
Elements
i. That the offender does not take arms or is not in open hostility against the Government;
ii. That he incites others to the execution of any of the acts of rebellion;
iii. That the inciting is done by means of speeches, proclamations, writings, emblems,
banners or other representations tending to the same end. (Reyes, Vol. 2, p. 102)
Art. 139 Sedition. - The crime of sedition is committed by persons who rise publicly and
tumultuously in order to attain by force, intimidation, or by other means outside of legal
methods, any of the following objects:
a. To prevent the promulgation or execution of any law or the holding of any popular
election;
b. To prevent the National Government, or any provincial or municipal government or any
public officer thereof from freely exercising its or his functions, or prevent the execution
of any administrative order;
c. To inflict any act of hate or revenge upon the person or property of any public officer or
employee;
18
d. To commit, for any political or social end, any act of hate or revenge against private
persons or any social class; and
e. To despoil, for any political or social end, any person, municipality or province, or the
National Government, of all its property or any part thereof. (Article 139, Revised Penal Code,
as amended by Republic Act No. 10951
Elements
i. That the offender rise publicly and tumultuously;
ii. That they employ force, intimidation, or other means outside of legal methods;
iii. That the offenders employ any of those means to attain any of the following
enumerated objects. (Reyes, Vol. 2, p. 103)
a. Persons liable for sedition

Leader of a sedition Prisión mayor in its minimum period and a
fine not exceeding P2,000,000
Other persons participating therein Prisión correccional in its maximum period
and a fine not exceeding P1,000,000
Conspiracy to commit sedition Prisión correccional in its medium period
and a fine not exceeding P400,000
Art. 142. Inciting to sedition - The penalty of prisión correccional in its maximum period
and a fine not exceeding P400,000 shall be imposed upon any person who, without taking
any direct part in the crime of sedition, should incite others to the accomplishment of any
of the acts which constitute sedition, by means of speeches, proclamations, writings,
emblems, cartoons, banners, or other representations tending to the same end, or upon
many person or persons who shall utter seditious words or speeches, write, publish, or
circulate scurrilous libels against the Government, or any of the duly constituted
authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the
functions of his office, or which tend to instigate others to cabal and meet together for
unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which
lead or tend to stir up the people against the lawful authorities or to disturb the peace of
the community, the safety and order of the Government, or who shall knowingly conceal
such evil practices. (Article 142, Revised Penal Code, as amended by Republic Act No.
10951)
a. Elements
i. Inciting others to the accomplishment of any of the acts which constitute sedition by
means of speeches, proclamations, writings, emblems, etc.
(1) That the offender does not take direct part in the crime of sedition.
(2) That he incites others to the accomplishment of any of the acts which constitute
sedition.
(3) That the inciting is done by means of speeches, proclamations, writings, emblems,
cartoons, banners, or other representations tending to the same end.
19
ii. Uttering seditious words or speeches which tend to disturb the public peace.
iii. Writing, publishing, or circulating scurrilous libels against the Government or any of
the duly constituted authorities thereof, which tend to disturb the public peace.
(1) They tend to disturb or obstruct any lawful order in executing the functions of his
office;or
(2) They tend to instigate others to cabal and meet together for unlawful purposes; or
(3) They suggest or incite rebellious conspiracies or riots; or
(4) They lead or tend to stir up the people against the lawful authorities or to disturb the
peace of the community, the safety and order of the Government. (Reyes, Vol. 2, pp. 110-112)
NOTE: Scurrilous means low, vulgar, mean or foul. (Ibid., p. 111)
CRIME AGAINST POPULAR REPRESENTATION
Art. 143. Acts tending to prevent the meeting of Congress and similar bodies - The
penalty of prisión correccional or a fine ranging from P40,000 to P400,000, or both, shall
be imposed upon any person who, by force or fraud, prevents the meeting of Congress
or of 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. (Article
a. Elements
i. That there be a projected or actual meeting of 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.
ii. That the offender who may be any person prevents such meeting by force or fraud.
(Reyes, Vol. 2, pp. 116-117)
20
Art. 144. Disturbance of proceedings - The penalty of arresto mayor or a fine from
P40,000 to P200,000 shall be imposed upon any person who disturbs the meetings of
Congress or of 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, or in the presence of any such bodies should behave in such manner as to interrupt
its proceedings or to impair the respect due it. (Article 144, Revised Penal Code, as amended by
Republic Act No. 10951)
a. Elements
i. That there be a meeting of Congress or any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or of any provincial board
Art. 145. Violation of parliamentary immunity - The penalty of prisión mayor shall be
imposed upon any person who shall use force, intimidation, threats, or fraud to prevent
any member of the Congress of the Philippines from attending the meetings of the
Congress or of any of its committees or subcommittees, constitutional commissions or
committees or divisions thereof, from expressing his opinions or casting his vote; and the
penalty of prisión correccional shall be imposed upon any public officer or employee who
shall, while the Congress is in regular or special session, arrest or search any member
thereof, except in case such member has committed a crime punishable under this Code
by a penalty higher than prisión mayor. (Article 145, Revised Penal Code, as amended by Republic
Act No. 10951)or city or municipal council or board.
ii. That the offender does any of the following acts:

(1) He disturbs any of such meetings.
(2) He behaves while in the presence of any such bodies in such a manner as to interrupt
its proceedings or to impair the respect due it. (Reyes, Vol. 2, p. 118)
a. Elements
i. By using force, intimidation, threats, or frauds to prevent any member of Congress from
exercising their functions
(1) That the offender uses force, intimidation, threats or fraud;
(2) That the purpose of the offender is to prevent any member of Congress from:
(a) Attending the meetings of Congress or of any of its committees or subcommittees,

constitutional commissions or committees or divisions thereof; or
(b) Expressing his opinions; or
(c) Casting his vote.
ii. By arresting or searching any member of Congress while the same is in session
(1) That the offender is a public officer or employee;

(2) That he arrests or searches any member of Congress;
(3) That the Congress, at the time of arrest or search, is in regular or special session;
(4) That the member arrested or searched has not committed a crime punishable under
the Code by a penalty higher than prisión mayor. (Reyes, Vol. 2, pp. 119-120)
21
NOTE: A Senator or Member of the House of Representatives shall, in all offenses
punishable by not more than 6 years imprisonment, be privileged from arrest while the
Congress is in session. (Article VI, Section 11, 1987 Constitution)
Art. 146. Illegal assemblies - The penalty of prisión correccional in its maximum period
to prisión mayor in its medium period shall be imposed upon the organizers or leaders of
any meeting attended by armed persons for the purpose of committing any of the crimes
punishable under this Code, or of any meeting in which the audience is incited to the
commission of the crime of treason, rebellion or insurrection, sedition or assault upon a
person in authority or his agents. Persons merely present at such meeting shall suffer the
penalty of arresto mayor, unless they are armed, in which case the penalty shall be prisión
correccional.
If any person present at the meeting carries an unlicensed firearm, it shall be presumed
that the purpose of said meeting, insofar as he is concerned, is to commit acts punishable
under this Code, and he shall be considered a leader or organizer of the meeting within
the purview of the preceding paragraph.
As used in this article, the word "meeting" shall be understood to include a gathering or
group, whether in a fixed place or moving. (Article 146, Revised Penal Code, as amended by
Elements
i. Any meeting attended by armed persons for the purpose of committing any of the crimes
punishable under the Code.
(1) That there is a meeting, a gathering or group of persons, whether in a fixed
place or moving;
(2) That the meeting is attended by armed persons;
(3) That the purpose of the meeting is to commit any of the crimes punishable
under the Code.
ii. 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 agents.
(1) That there is a meeting, a gathering or group of persons, whether in a fixed
place or moving;
(2) That the audience whether armed or not, is incited to the commission of the
crime of treason, rebellion or insurrection, sedition or direct assault. (Reyes,
Vol. 2, pp. 122-123)
b. Persons liable for illegal assembly
i. The organizers or leaders of the meeting.

ii. Persons merely present at the meeting. (Ibid., p. 124)
Responsibility of persons merely present at the meeting
22
Situation Penalty
If the persons merely present at the Arresto mayor
meeting are not armed
If they carry arms, like bolos or knives, or Prisión correccional
licensed firearms
Responsibility of persons present at the meeting with unlicensed firearms

It is presumed that the purpose of the meeting insofar as he is concerned, is to commit
acts punishable under the Code; and
ii. He is considered a leader or organizer of the meeting. (Id.)
Art. 147. Illegal associations - The penalty of prisión correccional in its minimum and
medium periods and a fine not exceeding P200,000 shall be imposed upon the founders,
directors, and presidents of associations totally or partially organized for the purpose of
committing any of the crimes punishable under this Code or for some purpose contrary
to public morals. Mere members of said associations shall suffer the penalty of arresto
mayor.
Kinds of illegal associations
i. Associations totally or partially organized for the purpose of committing any of the
crimes punishable under the Code.
ii. Associations totally or partially organized for some purpose contrary to public morals.
(Reyes, Vol. 2, p. 125)
Persons liable for illegal association

Founders, directors and president of the Prisión correccional in its minimum and
Association medium periods and a fine not exceeding
P200,000
Mere members of the association Arresto mayor
Art. 148. Direct assaults - 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 rebellion and sedition, or 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, shall suffer the penalty
of prisión correccional in its medium and maximum periods and a fine not exceeding
P200,000, when the assault is committed with a weapon or when the offender lays hand
upon a person in authority. If none of these circumstances be present, the penalty of
prisión correccional in its minimum period and a fine not exceeding P100,000 shall be
imposed.(Article 148, Revised Penal Code, as amended by Republic Act No. 10951)
23
a. Elements
i. Without public uprising, by employing force or intimidation for the attainment of any of
the purposes enumerated in defining the crimes of rebellion and sedition.
(1) That the offender employs force or intimidation.

(2) That the aim of the offender is to attain any of the purposes of the crime of
rebellion or any of the objects in the crime of sedition.
(3) That there is no public uprising.
ii. Without public uprising, by attacking, by employing force, or by seriously intimidating or

seriously resisting any person in authority or any of his agents, while engaged in the
performance of official duties, or on the occasion of such performance.
(1) That the offender:
(a) Makes an attack,
(b) Employs force,
(c) Makes a serious intimidation, or
(d) Makes a serious resistance.
(2) That the person assaulted is a person in authority or his agent.
(3) That at the time of the assault the person in authority or his agent:
(a) Is engaged in the actual performance of official duties, or that he is
assaulted, or
(b) By reason of the past performance of official duties.
(4) That the offender knows that the one he is assaulting is a person in authority
or his agent in the exercise of his duties.
(5) That there is no public uprising. (Reyes, Vol. 2, pp. 130-131)
iii. Qualified direct assault

(1) When the assault is committed with a weapon; or
(2) When the offender is a public officer or employee; or
(3) When the offender lays hands upon a person in authority. (Ibid., p. 146)
b. Persons in authority
i. Any person directly vested with jurisdiction, whether as an individual or as a member of
some court or governmental corporation, board, or commission;
ii. A barrio captain and a barangay chairman;
iii. Teachers, professors and persons charged with the supervision of public or duly
recognized private schools, colleges and universities;
iv. Lawyers in the actual performance of their professional duties or on the occasion of
such performance; (Article 152, Revised Penal Code, as amended by Republic Act No.
10951) and
v. The punong barangay, sangguniang barangay members, and members of the lupong
tagapamayapa in each barangay. (Section 388, Republic Act No. 7160, Local Government
Code of 1991)
c. Agents of persons in authority
24
i. A person who, by direct provision of law or by election or by appointment by competent
authority, is charged with the maintenance of public order and the protection and security
of life and property, such as a barrio councilman, barrio policeman and barangay leader;
ii. Any person who comes to the aid of persons in authority. (Article 152, Revised Penal Code,
as amended by Republic Act No. 10951)
iii. Other barangay officials and members who may be designated by law or ordinance
and charged with the maintenance of public order, protection and security of life and
property, or the maintenance of a desirable and balanced environment; and
iv. Any barangay member who comes to the aid of persons in authority. (Section 388,Local
Government Code of 1991)
Art. 149. Indirect assaults - The penalty of prisión correccional in its minimum and
medium periods and a fine not exceeding P100,000 shall be imposed upon any person
who shall make use of force or intimidation upon any person coming to the aid of the
authorities or their agents on occasion of the commission of any of the crimes defined in
the next preceding article. (Article 149, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That a person in authority or his agent is the victim of any of the forms of direct assault
defined in Article 148.
ii. That a person comes to the aid of such authority or his agent.
iii. That the offender makes use of force or intimidation upon such person coming to the
aid of the authority or his agent. (Reyes, Vol. 2, p. 147)
Art. 150. Disobedience to summons issued by Congress, its committees or

subcommittees, by the Constitutional Commissions, its committees, subcommittees or
divisions - The penalty of arresto mayor or a fine ranging from P40,000 to P200,000, or
both such fine and imprisonment, shall be imposed upon any person who, having been
duly summoned to attend as a witness before Congress, its special or standing
committees and subcommittees, the Constitutional Commissions and its committees,
subcommittees, or divisions, or before any commission or committee chairman or
member authorized to summon witnesses, refuses, without legal excuse to obey such
summons or being present before any such legislative or constitutional body or official,
refuses to be sworn or placed under affirmation or to answer any legal 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. The same penalty shall be imposed upon
any person who shall restrain another from attending as a witness, or who shall induce
disobedience to summons or refusal to be sworn by any such body or official. (Article 150,
Revised Penal Code, as amended byRepublic Act No. 10951)
a. Acts punished as disobedience to Congress or its committees or constitutional

commissions
i. By refusing, without legal excuse, to obey summons of Congress, its special or
standing committees and subcommittees, the Constitutional Commissions and its
committees, subcommittees or divisions, or by any commission or committee
chairman or member authorized to summon witnesses.
25
ii. By refusing to be sworn or placed under affirmation while being before such
legislative or constitutional body or official.
iii. By refusing to answer any legal 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.
iv. By restraining another from attending as a witness in such legislative or
constitutional body.
v. By inducing disobedience to a summons or refusal to be sworn by any such
body or official. (Reyes, Vol. 2, p. 149)
Art. 151. Resistance and disobedience to a person in authority or the agents of

such person -The penalty of arresto mayor and a fine not exceeding P100,000 shall be
imposed upon any person who not being included in the provisions of the preceding
articles shall resist or seriously disobey any person in authority or the agents of such
person while engaged in the performance of official duties. When the disobedience to an
agent of a person in authority is not of a serious nature, the penalty of arresto menor or a
fine ranging from P2,000 to P20,000 shall be imposed upon the offender. (Article 151,
Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. Resistance and serious disobedience
(1) That a person in authority or his agent is engaged in the performance of
official duty or gives a lawful order to the offender.
(2) That the offender resists or seriously disobeys such person in authority
or his agent.
(3) That the act of the offender is not included in the provisions of Articles
148, 149, and 150.
ii. Simple disobedience
(1) That a person in authority or his agent is engaged in the performance of official
duty or gives a lawful order to the offender.
(2) That the offender disobeys such agent of a person in authority.
(3) That such disobedience is not of a serious nature. (Reyes, Vol. 2, pp. 151, 153)
PUBLIC DISORDER
Art. 153. Tumults and other disturbances of public order and tumultuous
disturbance or interruption liable to cause disturbance - The penalty of arresto mayor
in its medium period to prisión correccional in its minimum period and a fine not exceeding
P200,000 shall be imposed upon any person who shall cause any serious disturbance in
a public place, office, or establishment, or shall interrupt or disturb public performances,
functions or gatherings, or peaceful meetings, if the act is not included in the provisions
of Articles 131 and 132.
26
The penalty next higher in degree shall be imposed upon persons causing any
disturbance or interruption of a tumultuous character. The disturbance or interruption shall
be deemed to be tumultuous if caused by more than 3 persons who are armed or provided
with means of violence.
The penalty of arresto mayor shall be imposed upon any person who in any meeting,
association, or public place, shall make any outcry tending to incite rebellion or sedition
or in such place shall display placards or emblems which provoke a disturbance of the
public order.
The penalty of arresto menor and a fine not to exceed P40,000 shall be imposed upon
these persons who in violation of the provisions contained in the last clause of Article 85,
shall bury with pomp the body of a person who has been legally executed. (Article 153,
a. Forms of tumults and other disturbances of public order

i. Causing any serious disturbance in a public place, office or establishment;
ii. Interrupting or disturbing performances, functions or gatherings, or peaceful
meetings, if the act is not included in Articles 131 and 132;
iii. Making any outcry tending to incite rebellion or sedition in any meeting,
association or public place;
iv. Displaying placards or emblems which provoke a disturbance of public order in
such place;
v. Burying with pomp the body of a person who has been legally executed. (Reyes,
Vol. 2,p. 160)
Art. 154 Unlawful use of means of publication and unlawful utterances - The penalty
of arresto mayor and a fine ranging from P40,000 to P200,000 shall be imposed upon:
a. Any person who by means of printing, lithography, or any other means of publication
shall publish or cause to be published as news any false news which may endanger the
public order, or cause damage to the interest or credit of the State;
b. Any person who by the same means, or by words, utterances or speeches shall
encourage disobedience to the law or to the constituted authorities or praise, justify, or
extol any act punished by law;
c. Any person who shall maliciously publish or cause to be published any official resolution
or document without proper authority, or before they have been published officially; or
d. Any person who shall print, publish, or distribute or cause to be printed, published, or
distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's
name, or which are classified as anonymous. (Article 154, Revised Penal Code, as amended by
Art. 155. Alarms and scandals - The penalty of arresto menor or a fine not exceeding
P40,000 shall be imposed upon:
a. Any person who within any town or public place, shall discharge any firearm, rocket,
firecracker. or other explosives calculated to cause alarm or danger;
b. Any person who shall instigate or take an active part in any charivari or other disorderly
meeting offensive to another or prejudicial to public tranquility;
27
c. Any person who, while wandering about at night or while engaged in any other
nocturnal amusements, shall disturb the public peace; or
d. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal
in public places: Provided, That the circumstances of the case shall not make the
provisions of Article 153 applicable. (Article 155, Revised Penal Code, as amended by Republic Act
No. 10951)
Art. 156. Delivery of prisoners from jails - The penalty of arresto mayor in its maximum
period to prisión correccional in its minimum period shall be imposed upon any person
who shall remove from any jail or penal establishment any person confined therein or
shall help the escape of such person, by means of violence, intimidation, or bribery. If
other means are used, the penalty of arresto mayor shall be imposed. If the escape of the
prisoner shall take place outside of said establishments by taking the guards by surprise,
the same penalties shall be imposed in their minimum period. (Article 156, Revised Penal
a. Elements
i. That there is a person confined in a jail or penal establishment.
ii. That the offender removes therefrom such person, or helps the escape of such person.
(Reyes, Vol. 2, p. 166)
Art. 157. Evasion of service of sentence - The penalty of prisión correccional in its
medium and maximum periods shall be imposed upon any convict who shall evade
service of his sentence by escaping during the term of his imprisonment by reason of final
judgment. However, if such evasion or escape shall have taken place by means of
unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using
picklocks, false keys, deceit, violence or intimidation, or through connivance with other
convicts or employees of the penal institution, the penalty shall be prisión correccional in
its maximum period.(Article 157, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender is a convict by final judgment.
ii. That he is serving his sentence which consists in deprivation of liberty.
iii. That he evades the service of his sentence by escaping during the term of his
sentence.(Reyes, Vol. 2, pp. 169-170)
b. Qualifying circumstances - If such evasion or escape takes place:

i. By means of unlawful entry (this should be “by scaling”);
ii. By breaking doors, windows, gates, walls, roofs, or floors;
iii. By using picklocks, false keys, disguise, deceit, violence or intimidation; or
iv. Through connivance with other convicts or employees of the penal institution.(Ibid., p.
172)
Art. 158. Evasion of service of sentence on the occasion of disorder,

conflagrations, earthquakes, or other calamities - A convict who shall evade the
service of his sentence, by leaving the penal institution where he shall have been
28
confined, on the occasion of disorder resulting from a conflagration, earthquake,
explosion, or similar catastrophe, or during a mutiny in which he has not participated, shall
suffer an increase of 1/5 of the time still remaining to be served under the original
sentence, which in no case shall exceed 6 months, if he shall fail to give himself up to the
authorities within 48 hours following the issuance of a proclamation by the Chief Executive
announcing the passing away of such calamity. Convicts who, under the circumstances
mentioned in the preceding paragraph, shall give themselves up to the authorities within
the above mentioned period of 48 hours, shall be entitled to the deduction provided in
Article 98. (Article 158, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender is a convict by final judgment, who is confined in a penal institution.
ii. That there is disorder, resulting from:
(1) Conflagration,
(2) Earthquake,
(3) Explosion,
(4) Similar catastrophe, or
(5) Mutiny in which he has not participated.
iii. That the offender evades the service of his sentence by leaving the penal institution
where he is confined, on the occasion of such disorder or during the mutiny.
iv. That the offender fails to give himself up to the authorities within 48 hours following
the issuance of a proclamation by the Chief Executive announcing the passing away of
such calamity. (Reyes, Vol. 2, p. 173)
Violation of conditional pardon. - The penalty of prisión correccional in its minimum

period shall be imposed upon the convict who, having been granted conditional pardon
by the Chief Executive, shall violate any of the conditions of such pardon. However, if the
penalty remitted by the granting of such pardon be higher than 6 years, the convict shall
then suffer the unexpired portion of his original sentence. (Article 159, Revised Penal Code, as
amended by Republic Act No.10951)
a. Elements
i. That the offender was a convict.
ii. That he was granted a conditional pardon by the Chief Executive.
iii. That he violated any of the conditions of such pardon. (Reyes, Vol. 2, p. 176)
29
CRIME AGAINST PUBLIC INTEREST
Art. 161. Counterfeiting the great seal of the Government of the Republic of the
Philippines, forging the signature or stamp of the President - The penalty of reclusión
temporal shall be imposed upon any person who shall forge the Great Seal of the
Government of the Republic of the Philippines, or the signature or stamp of the President.
Art. 162. Using forged signature or counterfeit seal or stamp - The penalty of prisión
mayor shall be imposed upon any person who shall knowingly make use of the counterfeit
seal or forged signature or stamp mentioned in the preceding article. (Article 162, Revised
a. Elements
i. That the Great Seal of the Republic was counterfeited or the signature or stamp of the
President was forged by another person.
ii. That the offender knew of the counterfeiting or forgery.
iii. That he used the counterfeit seal or forged signature or stamp. (Reyes, Vol. 2, p. 189)
utters false coins, in connivance with counterfeiters, or importers, shall suffer:
a. Prisión correccional in its minimum and medium periods and a fine not to exceed
P400,000, if the counterfeited coins be any of the coinage of the Philippines.
b. Prisión correccional in its minimum period and a fine not to exceed P200,000, if the
counterfeited coin be currency of a foreign country. (Article 163, Revised Penal Code, as
30
a. Elements
i. That there be false or counterfeited coins.
ii. That the offender either made, imported or uttered such coins.
iii. That in case of uttering such false or counterfeited coins, he connived with the
counterfeiters or importers. (Reyes, Vol. 2, p. 190)
Art. 164. Mutilation of coins and importation and utterance of mutilated coins - The
penalty of prisión correccional in its minimum period and a fine not to exceed P400,000
shall be imposed upon any person who shall mutilate coins of the legal currency of the
Philippines or import or utter mutilated current coins, or in connivance with mutilators or
importers. (Article 164, Revised Penal Code, as amended by Republic Act No. 10951)
a. Acts punished
i. Mutilating coins of the legal currency, with the further requirement that there be intent
to damage or to defraud another.
ii. Importing or uttering such mutilated coins, with the further requirement that there must
be connivance with the mutilator or importer in case of uttering. (Reyes, Vol. 2, pp. 192-193)
Art. 165. Selling of false or mutilated coin, without connivance - The person who
knowingly, although without the connivance mentioned in the preceding articles, shall
possess false or mutilated coin with intent to utter the same, or shall actually utter such
coin, shall suffer a penalty lower by one degree than that prescribed in said articles. (Article
Possession of coin, counterfeited or Actually uttering such false or

mutilated by another person, with mutilated
intent to coin, knowing the same to be false or
utter the same, knowing that it is false mutilated
or
mutilated
i. Possession, i. Actually uttering, and
ii. With intent to utter, and ii. Knowledge
iii. Knowledge
(Reyes, Vol. 2, pp. 193-194)
Art. 166. Forging treasury or bank notes or other documents payable to bearer and
importing, and uttering such false or forged notes and documents - The forging or
falsification of treasury or bank notes or certificates or other obligations and securities
payable to bearer and the importation and uttering in connivance with forgers or importers
of such false or forged obligations or notes, shall be punished as follows:
a. By reclusión temporal in its minimum period and a fine not to exceed P2,000,000,
if the document which has been falsified, counterfeited, or altered is an obligation
or security of the Philippines.
31
The words “obligation or security of the Philippines” shall mean all bonds, certificates
of iii. Uttering of such false or forged obligations or notes in connivance with the forgers
orimporters. (Reyes, Vol. 2, p. 196)
Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer
- Any person who shall forge, import or utter, in connivance with the forgers or importers,
any instrument payable to order or other document of credit not payable to bearer, shall
suffer the penalties of prisión correccional in its medium and maximum periods and a fine
not exceeding P1,200,000. (Article 167, Revised Penal Code, as amended by Republic Act No.10951)
a. Elements
i. That there be an instrument payable to order or other document of credit not
payable to bearer.
ii. That the offender either forged, imported or uttered such instrument.
iii. That in case of uttering, he connived with the forger or importer. (Reyes, Vol. 2,
p. 201)
Art. 168. Illegal possession and use of false treasury or bank notes and other
instruments of credit- Unless the act be one of those coming under the provisions of
any of the preceding articles, any person who shall knowingly use or have in his
possession, with intent to use any of the false or falsified instruments referred to in this
section, shall suffer the penalty next lower in degree than that prescribed in said articles.
a. Elements
i. That any treasury or bank note or certificate or other obligation and security payable to
bearer, or any instrument payable to order or other document of credit not payable to
bearer is forged or falsified by another person.
ii. That the offender knows that any of those instruments is forged or falsified.
iii. That he performs any of these acts:
(1) Using any of such forged or falsified instruments; or
(2) Possessing with intent to use any of such forged or falsified instruments. (Reyes, Vol. 2,
p. 202)
Art. 169. How forgery is committed - The forgery referred to in this section may be
committed by any of the following means:
a. By giving to a treasury or bank note or any instrument, payable to bearer or order

mentioned therein, the appearance of a true genuine document.
b. By erasing, substituting, counterfeiting or altering by any means the figures, letters,
words or signs contained therein. (Article 169, Revised Penal Code, as amended by Republic Act
No. 10951)
Art. 170. Falsification of legislative documents - The penalty of prisión correccional in

its maximum period and a fine not exceeding P1,200,000 shall be imposed upon any
person who, without proper authority therefor alters any bill, resolution or ordinance
32
enacted or approved or pending approval by either House of Congress or any provincial
board or municipal council. (Article 170, Revised Penal Code, as amended by Republic Act No.
10951)
Elements
i. That there be a bill, resolution or ordinance enacted or approved or pending approval
by either House of Congress or any provincial board or municipal council.
ii. That the offender alters the same.
iii. That he has no proper authority therefor.
iv. That the alteration has changed the meaning of the document. (Reyes, Vol. 2, p. 208)
Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister

– The penalty of prisión mayor and a fine not to exceed P1,000,000 shall be imposed
upon any public officer, employee, or notary who, taking advantage of his official position,
shall falsify a document by committing any of the following acts:
a. Counterfeiting or imitating any handwriting, signature or rubric;

b. Causing it to appear that persons have participated in any act or proceeding
when they did not in fact so participate;
c. Attributing to persons who have participated in an act or proceeding statements
other than those in fact made by them;
d. Making untruthful statements in a narration of facts;
e. Altering true dates;
f. Making any alteration or intercalation in a genuine document which changes its
meaning;
g. Issuing 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; or
h. Intercalating any instrument or note relative to the issuance thereof in a protocol,
registry, or official book.
The same penalty shall be imposed upon any ecclesiastical minister who shall commit
any of the offenses enumerated in the preceding paragraphs of this article, with respect
to any record or document, of such character that its falsification may affect the civil status
of persons. (Article 171, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender is a public officer, employee, or notary public.
ii. That he takes advantage of his official position.
iii. That he falsifies a document by committing any of the following acts:
Counterfeiting or imitating any handwriting, signature or rubric.

(a) That there be an intent to imitate, or an attempt to imitate, and
(b) That the two signatures or handwritings, the genuine and the forged, bear some
resemblance to each other.
Causing it to appear that persons have participated in any act or proceeding when
they did not in fact so participate.
33
(a) That the offender caused it to appear in a document that a person or persons
participated in an act or a proceeding; and
(b) That such person or persons did not in fact so participate in the act or
proceeding.
Attributing to persons who have participated in an act or proceeding statements

other than those in fact made by them.
(a) That a person or persons participated in an act or a proceeding;
(b) That such person or persons made statements in that act or proceeding; and
(c) That the offender, in making a document, attributed to such person or persons
statements other than those in fact made by such person or persons.
Making untruthful statements in a narration of facts.

(a) That the offender makes in a document statements in a narration of facts;
(b) That he has a legal obligation to disclose the truth of the facts narrated by him;
(c) That the facts narrated by the offender are absolutely false; and
(d) That the perversion of truth in the narration of facts was made with the wrongful
intent of injuring a third person.
Altering true dates.

(a) The date must be essential; and
(b) The alteration of the date or dates in a document must affect either the veracity
of the document or the effects thereof.
Making any alteration or intercalation in a genuine document which changes its

meaning.
(a) That there be an alteration (change) or intercalation (insertion) on a document;
(b) That it was made on a genuine document;
(c) That the alteration or intercalation has changed the meaning of the document;
and
(d) That the change made the document speak something false.
Issuing 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; or Intercalating any instrument or note
relative to the issuance thereof in a protocol, registry, or official book.
iv. In case the offender is an ecclesiastical minister, the act of falsification is committed
with respect to any record or document of such character that its falsification may affect
the civil status of persons. (Reyes, Vol. 2, pp. 210-211, 214, 216-218, 223-224)
Art. 172. Falsification by private individual and use of falsified documents - The
penalty of prisión correccional in its medium and maximum periods and a fine of not more
than P1,000,000 shall be imposed upon: a. Any private individual who shall commit any
of the falsifications enumerated in the next preceding article in any public or official
document or letter of exchange or any other kind of commercial document;
34
Any person who, to the damage of a third party, or with the intent to cause such
damage, shall in any private document, commit any of the acts of falsification enumerated
in the next preceding article; and
Any person who shall knowingly introduce in evidence in any judicial proceeding or to
the damage of another or who, with the intent to cause such damage, shall use any of
the false documents embraced in the next preceding article, or in any of the foregoing
subdivisions of this article, shall be punished by the penalty next lower in degree. (Article
a. Elements
i. Falsification of public, official or commercial document by a private
individual.
(1) That the offender is a private individual or a public officer or employee who did
not take advantage of his official position.
(2) That he committed any of the acts of falsification enumerated in Article 171. (3)
That the falsification was committed in a public or official or commercial document.
ii. Falsification of private document by any person
(1) That the offender committed any of the acts of falsification, except those in
paragraph 7, enumerated in Article 171.
(2) That the falsification was committed in any private document.
(3) That the falsification caused damage to a third party or at least the falsification
was committed with intent to cause such damage.
iii. Use of falsified document
(1) Introducing in a judicial proceeding
(a) That the offender knew that a document was falsified by another person.
(b) That the false document is embraced in Article 171 or in any of subdivisions
No. 1 or 2 of Article 172.
(c) That he introduced said document in evidence in any judicial proceeding.
(2) Use in any other transaction (2) Use in any other transaction
(a) That the offender knew that a document was falsified by another person.
(b) That the false document is embraced in Article 171 or in any of subdivisions
No. 1 or 2 of Article 172.
(c) That he used such document (not in judicial proceedings).
(d) That the use of the false document caused damage to another or at least it was
used with intent to cause such damage. (Reyes, Vol. 2, pp. 227, 233, 240)
Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and
use of said falsified messages - The penalty of prisión correccional in its medium and
maximum periods shall be imposed upon any officer or employee of the Government or
of any private corporation or concern engaged in the service of sending or receiving
wireless, cable or telephone message who utters a fictitious wireless, telegraph or
telephone message of any system or falsifies the same.
35
Any person who shall use such falsified dispatch to the prejudice of a third party or with
the intent of cause such prejudice, shall suffer the penalty next lower in degree. (Article
a. Elements
i. Uttering fictitious wireless, telegraph or telephone message
(1) That the offender is an officer or employee of the Government or an officer or

employee of a private corporation, engaged in the service of sending or receiving
wireless, cable or telephone message.
(2) That the offender commits any of the following acts:
(a) Uttering fictitious wireless, cable, telegraph or telephone message; or

(b) Falsifying wireless, cable, telegraph, or telephone message.
ii. Use of falsified messages

(1) That the accused knew that wireless, cable, telegraph, or telephone message
was falsified by any of the persons specified in the first paragraph of Article 173.
(2) That the accused used such falsified dispatch.
(3) That the use of the falsified dispatch resulted in the prejudice of a third party,
or that the use thereof was with intent to cause such prejudice. (Reyes, Vol. 2, pp.
242-243)
Art. 174. False medical certificates, false certificates of merits or service, etc. - The
penalties of arresto mayor in its maximum period to prisión correccional in its minimum
period and a fine not to exceed P200,000 shall be imposed upon:
a. Any physician or surgeon who, in connection with the practice of his profession,
shall Issue a false certificate; and
b. Any public officer who shall issue a false certificate of merit of service, good
conduct or similar circumstances. The penalty of arresto mayor shall be imposed
upon any private person who shall falsify a certificate falling within the classes
mentioned in the 2 preceding subdivisions. (Article 174, Revised Penal Code, as amended
by Republic Act No. 10951
Persons Liable
Persons liable Crime committed

Physician or surgeon who, in connection False medical certificate by a physician
with the practice of his profession, issued
a
false certificate (must refer to the illness or
injury of a person)
Public officer who issued a false certificate False certificate of merit or service by a
of merit or service, good conduct or similar public officer
circumstances
Private individual who falsified a certificate False medical certificate by a private
falling in the classes mentioned in Nos. 1 individual or false certificate of merit or
36
and 2 service by a private individual
(Reyes, Vol. 2, p. 245)
Art. 175. Using false certificates - The penalty of arresto menor shall be imposed upon
any one who shall knowingly use any of the false certificates mentioned in the next
preceding article. (Article 175, Revised Penal Code, as amended by Republic Act No.
10951)
a. Elements
i. That a physician or surgeon had issued a false medical certificate, or a public
officer had issued a false certificate of merit or service, good conduct, or similar
circumstances, or a private person had falsified any of said certificates.
ii. That the offender knew that the certificate was false.
iii. That he used the same. (Reyes, Vol. 2, p. 246)
Art. 176. Manufacturing and possession of instruments or implements for

falsification – The penalty of prisión correccional in its medium and maximum periods
and a fine not to exceed P1,000,000 shall be imposed upon any person who shall make
or introduce into the Philippines any stamps, dies, marks, or other instruments or
implements intended to be used in the commission of the offenses of counterfeiting or
falsification mentioned in the preceding sections of this Chapter.
Any person who, with the intention of using them, shall have in his possession any of the
instruments or implements mentioned in the preceding paragraphs, shall suffer the
penalty next lower in degree than that provided therein. (Article 176, Revised Penal Code, as
a. Acts punishable
i. Making or introducing into the Philippines any stamps, dies, marks, or other
instruments or implements for counterfeiting or falsification.
ii. Possessing with intent to use the instruments or implements for counterfeiting
or falsification made in or introduced into the Philippines by another person. (Reyes,
Vol. 2, p. 247)
Art. 177. Usurpation of authority or official functions - Any person who shall knowingly
and falsely represent himself to be an officer, agent or representative of any department
or agency of the Philippine Government or of any foreign government, or who, under
pretense of official position, shall perform 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, shall suffer the penalty of prisión
correccional in its minimum and medium periods. (Article 177, Revised Penal Code, as
a. Modes of committing the crime

i. By knowingly and falsely representing oneself to be officer, agent or representative of
any department or agency of the Philippine Government or any foreign government.
ii. By performing any act pertaining to any person in authority or public officer of the
37
Philippine Government or of a foreign government or any agency thereof, under pretense
of official position, and without being lawfully entitled to do so. (Reyes, Vol. 2, pp. 249-
250)
Art. 178. Using fictitious name and concealing true name - The penalty of arresto
mayor and a fine not to exceed P100,000 shall be imposed upon any person who shall
publicly use a fictitious name for the purpose of concealing a crime, evading the execution
of a judgment or causing damage. Any person who conceals his true name and other
personal circumstances shall be punished by arresto menor or a fine not to exceed
P40,000. (Article 178, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. Using fictitious name
(1) That the offender uses a name other than his real name.
(2) That he uses that fictitious name publicly.
(3) That the purpose of the offender is:
(a) To conceal a crime;
(b) To evade the execution of a judgment; or
(c) To cause damage to public interest.
ii. Concealing true name

(1) That the offender conceals:
(a) His true name; and
(b) All other personal circumstances.
(2) That the purpose is only to conceal his identity. (Reyes, Vol. 2, pp. 255-256)
Art. 179. Illegal use of uniforms or insignia - The penalty of arresto mayor shall be
imposed upon any person who shall publicly and improperly make use of insignia,
uniforms or dress pertaining to an office not held by such person or to a class of persons
of which he is not a member. (Article 179, Revised Penal Code, as amended by Republic Act No.
10951)
a. Elements
i. That the offender makes use of insignia, uniform or dress.
ii. That the insignia, uniform or dress pertains to an office not held by the offender
or to a class of persons of which he is not a member.
iii. That said insignia, uniform or dress is used publicly and improperly. (Reyes,
Vol. 2, p. 258)
Art. 180. False testimony against a defendant - Any person who shall give false
testimony against the defendant in any criminal case shall suffer:
a. The penalty of reclusión temporal, if the defendant in said case shall have been
sentenced to death;
b. The penalty of prisión mayor, if the defendant shall have been sentenced to
reclusion temporal or reclusión perpetua;
c. The penalty of prisión correccional, if the defendant shall have been sentenced
to any other afflictive penalty; and
38
d. The penalty of arresto mayor, if the defendant shall have been sentenced to a
correctional penalty or a fine, or shall have been acquitted. In cases provided in
subdivisions 3 and 4 of this article the offender shall further suffer a fine not to
exceed P200,000. (Article 180, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That there be a criminal proceeding.
ii. That the offender testifies falsely under oath against the defendant therein.
iii. That the offender who gives false testimony knows that it is false. (Reyes, Vol. 2, p. 261)
Art. 181. False testimony favorable to the defendant - Any person who shall give false
testimony in favor of the defendant in a criminal case, shall suffer the penalties of arresto
mayor in its maximum period to prisión correccional in its minimum period and a fine not
to exceed P200,000, if the prosecution is for a felony punishable by an afflictive penalty,
and the penalty of arresto mayor in any other case. (Article 181, Revised Penal Code, as
Art. 182. False testimony in civil cases - Any person found guilty of false testimony in
a civil case shall suffer the penalty of prisión correccional in its minimum period and a fine
not to exceed P1,200,000, if the amount in controversy shall exceed P1,000,000, and the
penalty of arresto mayor in its maximum period to prisión correccional in its minimum
period and a fine not to exceed P200,000, if the amount in controversy shall not exceed
said amount, or cannot be estimated. (Article 182, Revised Penal Code, as amended by Republic
Act No. 10951)
a. Elements
i. That the testimony must be given in a civil case.
ii. That the testimony must relate to the issues presented in said case.
iii. That the testimony must be false.
iv. That the false testimony must be given by the defendant knowing the same to be false.
v. That the testimony must be malicious and given with an intent to affect the issues
presented in said case. (United States v. Aragon, G. R. No. L-2709, 28 December 1905,5
Phil. 469, as cited in Reyes, Vol. 2, p. 266)
Art. 183. False testimony in other cases and perjury in solemn affirmation - The
penalty of prisión mayor in its minimum period to prisión mayor in its medium period shall
be imposed upon any person, who knowingly makes untruthful statements and not being
included in the provisions of the next preceding articles, shall testify under oath, or make
an affidavit, upon any material matter before a competent person authorized to administer
an oath in cases in which the law so requires.
Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit
any of the falsehoods mentioned in this and the 3 preceding articles of this section, shall
suffer the respective penalties provided therein: Provided, That if the person responsible
for the commission of this felony is a public officer or employee, the penalty shall be
imposed in its maximum period: Provided, finally, That the offender shall also suffer a fine
not to exceed P1,000,000.00 and perpetual absolute disqualification from holding an
39
appointive or elective position in the government or in any agency, entity or instrumentality
thereof. (Article 183, Revised Penal Code, as amended by Republic Act No.11594)
a. Modes of committing perjury

i. By falsely testifying under oath; and
ii. By making a false affidavit. (Reyes, Vol. 2, p. 268)
b. Elements
i. That the accused made a statement under oath or executed an affidavit upon a
material matter;
ii. That the statement or affidavit was made before a competent officer, authorized
to receive and administer oath;
iii. That in that statement or affidavit, the accused made a willful and deliberate
assertion of a falsehood; and
iv. That the sworn statement or affidavit containing the falsity is required by law.
(Id.)
Art. 184. Offering false testimony in evidence - Any person who shall willfully and
knowingly offer in evidence a false witness or testimony in any judicial or official
proceeding, shall be punished as guilty of false testimony and shall suffer the respective
penalties provided in this section. (Article 184, Revised Penal Code, as amended by Republic Act
No. 11594)
a. Elements
i. That the offender offered in evidence a false witness or false testimony.
ii. That he knew the witness or the testimony was false.
iii. That the offer was made in a judicial or official proceeding. (Reyes, Vol. 2, p. 274)
Art. 185. Machinations in public auctions - Any person who shall solicit any gift or
promise as a consideration for refraining from taking part in any public auction, and any
person who shall attempt to cause bidders to stay away from an auction by threats, gifts,
promises, or any other artifice, with intent to cause the reduction of the price of the thing
auctioned, shall suffer the penalty of prisión correccional in its minimum period and a fine
ranging from 10% to 50% of the value of the thing auctioned. (Article 185, Revised Penal Code,
a. Elements
i. By soliciting any gift or promise as a consideration for refraining from taking part
in any public auction.
(1) That there be a public auction.
(2) That the accused solicited any gift or a promise from any of the bidders.
(3) That such gift or promise was the consideration for his refraining from taking
part in that public auction.
(4) That the accused had the intent to cause the reduction of the price of the thing
auctioned.
Art. 187. Importation and disposition of falsely marked articles or merchandise

made of gold, silver, or other precious metals or their alloys - The penalty of prisión
40
correccional or a fine ranging from P40,000 to P200,000, or both, shall be imposed upon
any person who shall knowingly import or sell or dispose of any article or merchandise
made of gold, silver, or other precious metals, or their alloys, with stamps, brands, or
marks which fail to indicate the actual fineness or quality of said metals or alloys.
Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of
the article on which it is engraved, printed, stamped, labeled or attached, when the test
of the article shows that the quality or fineness thereof is less by more than 1/2 karat, if
made of gold, and less by more than 4/1000, if made of silver, than what is shown by said
stamp, brand, label or mark. But in case of watch cases and flatware made of gold, the
actual fineness of such gold shall not be less by more than 3/1000 than the fineness
indicated by said stamp, brand, label, or mark. (Article 187, Revised Penal Code, as amended by
a. Elements
i. That the offender imports, sells or disposes of any of those articles or merchandise.
ii. That the stamps, brands, or marks of those articles of merchandise fail to indicate the
actual fineness or quality of said metals or alloys.
iii. That the offender knows that the stamps, brands, or marks fail to indicate the actual
fineness or quality of the metals or alloys. (Reyes, Vol. 2, p. 285)
41
CRIMES AGAINST PUBLIC MORALS
Offenses against Decency and Good Customs
Art. 200. Grave scandal - The penalties of arresto mayor and public censure shall be
imposed upon any person who shall offend against decency or good customs by any
highly scandalous conduct not expressly falling within any other article of this Code. (Article
a. Elements
i. That the offender performs an act or acts.
ii. That such act or acts be highly scandalous as offending against decency or good
customs.
iii. That the highly scandalous conduct is not expressly falling within any other
article of this Code.
iv. That the act or acts complained of be committed in a public place or within the
public knowledge or view. (United States v. Samaniego, G. R. No. L-5115, 29
November 1909, 16 Phil. 663, as cited in Reyes, Vol. 2, p. 358)
Art. 201 Immoral doctrines, obscene publications and exhibitions and indecent
shows – The penalty of prisión mayor or a fine ranging from P20,000 to P200,000, or
both such imprisonment and fine, shall be imposed upon:
a. Those who shall publicly expound or proclaim doctrines openly contrary to
public morals;
b. i. The authors of obscene literature, published with their knowledge in any form;
the editors publishing such literature; and the owners/operators of the
establishment selling the same;
ii. Those who, in theaters, fairs, cinematographs or any other place, exhibit
indecent or immoral plays, scenes, acts or shows, it being understood that the
obscene literature or indecent or immoral plays, scenes, acts or shows, whether
live or in film, which are prescribed by virtue hereof, shall include those which:
(1) Glorify criminals or condone crimes;
(2) Serve no other purpose but to satisfy the market for violence, lust or
pornography;
(3) Offend any race or religion;
(4) Tend to abet traffic in and use of prohibited drugs; and
(5) Are contrary to law, public order, morals, and good customs, established
policies, lawful orders, decrees and edicts; and
c. Those who shall sell, give away or exhibit films, prints, engravings, sculpture or
literature which are offensive to morals. (Article 201, Revised Penal Code, as amended by
Art. 202. Prostitutes - For the purpose of this article, women who, for money or profit,
habitually indulge in sexual intercourse or lascivious conduct, are deemed to be
prostitutes. Any person found guilty of any of the offenses covered by this article shall be
42
punished by arresto menor or a fine not exceeding P20,000, and in case of recidivism, by
arresto mayor in its medium period to prisión correccional in its minimum period or a fine
ranging from P20,000 to P200,000, or both, in the discretion of the court. (Article 202,
43
CRIMES COMMITTED BY PUBLIC OFFICERS
Art. 203. Concept of public officers - Any person who, by direct provision of the law,
popular election or appointment by competent authority:
a. Shall take part in the performance of public functions in the Government of the
Philippines, or
b. Shall perform in said Government or in any of its branches public duties as an
employee, agent or subordinate official, of any rank or class. (Article 203, Revised Penal
Art. 204 Knowingly rendering unjust judgment - Any judge who shall knowingly render
an unjust judgment in any case submitted to him for decision, shall be punished by prisión
mayor and perpetual absolute disqualification. (Article 204, Revised Penal Code, as
Elements
i. That the offender is a judge.
ii. That he renders a judgment in a case submitted to him for decision.
iii. That the judgment is unjust.
iv. That the judge knows that his judgment is unjust. (Reyes, Vol. 2, p. 376)
Art. 205 Judgment rendered through negligence - Any judge who, by reason of
inexcusable negligence or ignorance shall render a manifestly unjust judgment in any
case submitted to him for decision shall be punished by arresto mayor and temporary
special disqualification. (Article 205, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
ii. That he renders a judgment in a case submitted to him for decision.
iii. That the judgment is manifestly unjust.
iv. That it is due to his inexcusable negligence or ignorance. (Reyes, Vol. 2, p. 378)
Art. 206 Unjust interlocutory order - Any judge who shall knowingly render an unjust
interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum
period and suspension; but if he shall have acted by reason of inexcusable negligence or
ignorance and the interlocutory order or decree be manifestly unjust, the penalty shall be
suspension. (Article 206, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
ii. That he performs any of the following acts:
(1) Knowingly renders unjust interlocutory order or decree; or
44
(2) Renders a manifestly unjust interlocutory order or decree through inexcusable
negligence or ignorance. (Reyes, Vol. 2, p. 379)
Art. 207 Malicious delay in the administration of justice - The penalty of prisión
correccional in its minimum period shall be imposed upon any judge guilty of malicious
delay in the administration of justice. (Article 207, Revised Penal Code, as amended by Republic
Act No. 10951)
a. Elements
ii. That there is a proceeding in his court.
iii. That he delays the administration of justice.
iv. That 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. (Reyes, Vol. 2,
p. 380)
Dereliction of duty in prosecution of offenses - The penalty of prisión correccional in

its minimum period and suspension shall be imposed upon any public officer, or officer of
the law, who, in dereliction of the duties of his office, shall maliciously refrain from
instituting prosecution for the punishment of violators of the law, or shall tolerate the
commission of offenses. (Article 208, Revised Penal Code, as amended by Republic Act
No. 10951)
Acts punishable
i. By maliciously refraining from instituting prosecution against violators of the law.

ii. By maliciously tolerating the commission of offenses. (Reyes, Vol. 2, p. 381)
Elements
i. That the offender is a public officer or officer of the law who has a duty to cause the
prosecution of, or to prosecute, offenses.
ii. That there is dereliction of the duties of his office; that is, knowing the commission of
the crime, he does not cause the prosecution of the criminal or knowing that a crime is
about to be committed, he tolerates its commission.
iii. That the offender acts with malice and deliberate intent to favor the violator of the law.
(Id.)
Art. 209 Betrayal of trust by an attorney and revelation of secrets - In addition to the
proper administrative action, the penalty of prisión correccional in its minimum period, or
a fineranging from P40,000 to P200,000, or both, shall be imposed upon any attorney-at-
law or any person duly authorized to represent and/or assist a party to a case who, by
any malicious breach of professional duty or of inexcusable negligence or ignorance, shall
prejudice his client, or reveal any of the secrets of the latter learned by him in his
professional capacity. The same penalty shall be imposed upon an attorney-at-law or any
person duly authorized to represent and/or assist a party to a case who, having
undertaken the defense of a client or having received confidential information from said
client in a case, shall undertake the defense of the opposing party in the same case,
45
without the consent of his first client. (Article 209, Revised Penal Code, as amended by Republic
Act No. 10951)
Acts punishable
i. By causing damage to his client, either:

(1) By any malicious breach of professional duty,
(2) By inexcusable negligence or ignorance.
NOTE: When the attorney acts:

(1) With malicious abuse of his employment or
(2) Inexcusable negligence or ignorance, there must be damage to his client.
ii. By revealing any of the secrets of his client learned by him in his professional capacity.
NOTE: Damage is not necessary.
iii. By undertaking the defense of the opposing party in the same case, without the consent
of his first client, after having undertaken the defense of said client or after having
undertaken the defense of said first client or having received confidential information from
said client.
NOTE: If the client consents to the attorney’s taking the defense of the other party, there
is no crime. (Reyes, Vol. 2, 384)
Art. 210 Direct bribery - Any public officer who shall agree to perform an act constituting
a crime, in connection with the performance of his official duties, in consideration of any
offer, promise, gift or present received by such officer, personally or through the mediation
of another, shall suffer the penalty of prisión mayor in its medium and maximum periods
and a fine not less than 3 times the value of the gift in addition to the penalty
corresponding to the crime agreed upon, if the same shall have been committed. If the
gift was accepted by the officer in consideration of the execution of an act which does not
constitute a crime, and the officer executed said act, he shall suffer the same penalty
provided in the preceding paragraph; and if said act shall not have been accomplished,
the officer shall suffer the penalties of prisión correccional, in its medium period and a fine
of not less than twice the value of such gift. If the object for which the gift was received or
promised was to make the public officer refrain from doing something which it was his
official duty to do, he shall suffer the penalties of prisión correccional in its maximum
period and a fine not less than 3 times the value of such gift.
In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer
the penalty of special temporary disqualification.
The provisions contained in the preceding paragraphs shall be made applicable to
assessors, arbitrators, appraisal and claim commissioners, experts or any other persons
performing public duties. (Article 210, Revised Penal Code, as amended by Republic Act
No. 10951)
46
a. Acts punishable
i. By agreeing to perform, or by performing, in consideration of any offer, promise, gift or
present - an act constituting a crime, in connection with the performance of his official
duties.
ii. By 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.
iii. By agreeing to refrain, or by refraining, from doing something which it is his official
duty to do, in consideration of gift or promise. (Reyes, Vol. 2, p. 386)
b. Elements
i. That the offender be a public officer within the scope of Article 203.
ii. That the offender accepts an offer or a promise or receives a gift or present by himself
or through another.
iii. That such offer or promise be accepted, or gift or present received by the public officer:
(1) With a view to committing such crime; or (2) In consideration of the execution of an
act which does not constitute a crime, but the act must be unjust; or
(3) To refrain from doing something which it is his official duty to do.
iv. That the act which the offender agrees to perform or which he executes be connected
with the performance of his official duties. (Id.)
Art. 211 Indirect bribery - The penalties of prisión correccional in its medium and
maximum periods, and public censure shall be imposed upon any public officer who shall
accept
gifts offered to him by reason of his office. (Article 211, Revised Penal Code, as amended by
a. Elements
i. That the offender is a public officer.
ii. That he accepts gifts.
iii. That the said gifts are offered to him by reason of his office. (Reyes, Vol. 2, 393)
Art. 211- A Qualified bribery - If any public officer is entrusted with law enforcement and
he refrains from arresting or prosecuting an offender who has committed a crime
punishable by reclusión perpetua and/or death in consideration of any offer, promise, gift
or present, he shall suffer the penalty for the offense which was not prosecuted If it is the
public officer who asks or demands such gift or present, he shall suffer the penalty of
death. (Article 211-A, Revised Penal Code, as amended by Republic Act No.10951)
a. Elements
i. That the offender is a public officer entrusted with law enforcement.
ii. That the offender refrains from arresting or prosecuting an offender who has
committed a crime punishable by reclusión perpetua and/or death.
iii. That the offender refrains from arresting or prosecuting the offender in
consideration of any promise, gift or present. (Reyes, Vol. 2, p. 396)
Art. 212 Corruption of public officials - The same penalties imposed upon the officer
corrupted, except those of disqualification and suspension, shall be imposed upon any
47
person who shall have made the offers or promises or given the gifts or presents as
described in the preceding articles. (Article 212, Revised Penal Code, as amended by Republic Act
No. 10951)
a. Elements
i. That the offender makes offers or promises or gives gifts or presents to a public officer.
ii. That 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. (Reyes, Vol. 2, pp. 396-397)
Art. 213 Frauds against the public treasury and similar offenses - The penalty of
prisión correccional in its medium period to prisión mayor in its minimum period, or a fine
ranging from P40,000 to P2,000,000, or both, shall be imposed upon any public officer
who:
a. In his official capacity, 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, shall enter into an agreement with any interested party or speculator
or make use of any other scheme, to defraud the Government; b. Being entrusted with
the collection of taxes, licenses, fees and other imposts, shall be guilty of any of the
following acts or omissions:
i. Demanding, directly or indirectly, the payment of sums different from or larger
than those authorized by law.
ii. Failing voluntarily to issue a receipt, as provided by law, for any sum of money
collected by him officially.
iii. Collecting or receiving, directly or indirectly, by way of payment or otherwise
things or objects of a nature different from that provided by law.
When the culprit is an officer or employee of the Bureau of Internal Revenue or the
Bureau of Customs, the provisions of the Administrative Code shall be applied. (Article
213, Revised Penal Code, as amended by Republic Act No. 10951 )
b. Elements
i. Frauds against public treasury

(1) That the offender be a public officer.
(2) That he should have taken advantage of his office, that is, he intervened in the
transaction in his official capacity.
(3) That he entered into an agreement with any interested 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.
(4) That the accused had intent to defraud the Government.
ii. Illegal exactions
48
(1) The offender is a public officer entrusted with the collection of taxes, licenses,
fees and other imposts.
(2) He is guilty of any of the following acts or omissions:
(a) Demanding, directly or indirectly, the payment of sums different from or
larger than those authorized by law; or
(b) Failing voluntarily to issue a receipt, as provided by law, for any sum of
money collected by him officially; or
(c) Collecting or receiving, directly or indirectly, by way of payment or otherwise,
things or objects of a nature different from that provided by law. (Ibid., pp. 418-419)
Art. 214 Other frauds - In addition to the penalties prescribed in the provisions of Chapter
6, Title 10, Book 2, of this Code, the penalty of temporary special disqualification in its
maximum period to perpetual special disqualification shall be imposed upon any public
officer who, taking advantage of his official position, shall commit any of the frauds or
deceits enumerated in said provisions. (Article 214, Revised Penal Code, as amended by Republic
Act No. 10951)
a. Elements
ii. That he takes advantage of his official position.
iii. That he commits any of the frauds or deceits enumerated in Articles 315 to 318.
(Reyes,Vol. 2, p. 420)
Art. 215 Prohibited transactions - The penalty of prisión correccional in its minimum
period or a fine ranging from P40,000 to P200,000, or both, shall be imposed upon any
appointive public officer who, during his incumbency, shall directly or indirectly become
interested in any transaction of exchange or speculation within the territory subject to his
jurisdiction. (Article 215, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender is an appointive public officer.
ii. That he becomes interested, directly or indirectly, in any transaction of exchange
or speculation.
iii. That the transaction takes place within the territory subject to his jurisdiction.
iv. That he becomes interested in the transaction during his incumbency. (Reyes,
Vol. 2, p.420)
Art. 216 Possession of prohibited interest by a public officer - The penalty of arresto
mayor in its medium period to prisión correccional in its minimum period, or a fine ranging
from P40,000 to P200,000 or both, shall be imposed upon a public officer who directly or
indirectly, shall become interested in any contract or business in which it is his official duty
to intervene. This provision is applicable to experts, arbitrators and private accountants
who, in like manner, shall take part in any contract or transaction connected with the
estate or property in appraisal, distribution or adjudication of which they shall have acted,
and to guardians and executors with respect to the property belonging to their wards or
estate. (Article 216, Revised Penal Code, as amended by Republic Act No. 10951)
49
a. Acts punishable
i. Public officer who, directly or indirectly, became interested in any contract or business
in which it was his official duty to intervene.
ii. Experts, 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 adjudication of which they had acted.
iii. Guardians and executors with respect to the property belonging to their wards or the
estate. (Reyes, Vol. 2, p. 423)
Art. 217 Malversation of public funds or property - Any public officer who, by reason
of the duties of his office, is accountable for public funds or property, shall appropriate the
same, or shall take or misappropriate or shall consent, through abandonment or
negligence, shall permit any other person to take such public funds or property, wholly or
partially, or shall otherwise be guilty of the misappropriation or malversation of such funds
or property,shall suffer:
a. The penalty of prisión correccional in its medium and maximum periods, if the
amount involved in the misappropriation or malversation does not exceed P40,000.
b. The penalty of prisión mayor in its minimum and medium periods, if the amount
involved is more than P40,000 but does not exceed P1,200,000.
c. The penalty of prisión mayor in its maximum period to reclusión temporal in its
minimum period, if the amount involved is more than P1,200,000 but does not
exceed P2,400,000.
d. The penalty of reclusión temporal, in its medium and maximum periods, if the
amount involved is more than P2,400,000 but does not exceed P4,400,000.
e. The penalty of reclusión temporal in its maximum period, if the amount involved
is more than P4,400,000 but does not exceed P8,800,000. If the amount exceeds
the latter, the penalty shall be reclusión perpetua.
In all cases, persons guilty of malversation shall, also suffer the penalty of perpetual
special disqualification and a fine equal to the amount of the funds malversed or equal to
the total value of the property embezzled. The failure of a public officer to have duly
forthcoming any public funds or property with which 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 personal uses. (Article 217, Revised Penal Code, as amended by Republic Act
No. 10951)
a. Acts punishable
i. By appropriating public funds or property.
ii. By taking or misappropriating the same.
iii. By consenting, or through abandonment or negligence, permitting any other
person to take such public funds or property.
iv. By being otherwise guilty of the misappropriation or malversation of such funds
or property. (Reyes, Vol. 2, pp. 426-427)
b. Elements
i. That the offender be a public officer.
50
ii. That he had the custody or control of funds or property by reasons of the duties
of his office.
iii. That those funds or property were public funds or property for which he was
accountable.
iv. That he appropriated, took, misappropriated or consented or, through
abandonment or negligence, permitted another person to take them. (Ibid., p. 427)
Art. 218 Failure of accountable officer to render accounts - Any public officer, whether
in the service or separated therefrom by resignation or any other cause, who is required
by law or regulation to render account to the Commission on Audit, or to a provincial
auditor and who fails to do so for a period of 2 months after such accounts should be
rendered, shall be punished by prisión correccional in its minimum period, or by a fine
ranging from P40,000 to P1,200,000, or both. (Article 218, Revised Penal Code, as amended by
a. Elements
i. That the offender is a public officer, whether in the service or separated
therefrom.
ii. That he must be an accountable officer for public funds or property.
iii. That he is required by law or regulation to render accounts to the Commission
on Audit, or to a provincial auditor.
iv. That he fails to do so for a period of 2 months after such accounts should be
rendered.(Reyes, Vol. 2, p. 442)
Art. 219 Failure of a responsible public officer to render accounts before leaving
the country - Any public officer who unlawfully leaves or attempts to leave the Philippines
without securing a certificate from the Commission on Audit showing that his accounts
have been finally settled, shall be punished by arresto mayor, or a fine ranging from
P40,000 to P200,000, or both. (Article 219, Revised Penal Code, as amended by
a. Elements
ii. That he must be an accountable officer for public funds or property.
iii. That he must have unlawfully left (or be on the point of leaving) the Philippines
without securing from the Commission on Audit a certificate showing that his accounts
have been finally settled. (Reyes, Vol. 2, p. 443)
Art. 220 Illegal use of public funds or property - Any public officer who shall apply any
public fund or property under his administration to any public use other than for which
such fund or property were appropriated by law or ordinance shall suffer the penalty of
prisión correccional in its minimum period or a fine ranging from 1/2 to the total of the sum
misapplied, if by reason of such misapplication, any damages or embarrassment shall
have resulted to the public service. In either case, the offender shall also suffer the penalty
of temporary special disqualification.
51
If no damage or embarrassment to the public service has resulted, the penalty shall be a
fine from 5% to 50% of the sum misapplied. (Article 220, Revised Penal Code, as
a. Elements
ii. That there is public fund or property under his administration.
iii. That such public fund or property has been appropriated by law or ordinance.
iv. That he applies the same to a public use other than that for which such fund or
property has been appropriated by law or ordinance. (Reyes, Vol. 2, p. 443)
NOTE: It is also known as technical malversation. (Villarosa v. Ombudsman, G. R. No.

221418, 23 January 2019)
Technical malversation is mala prohibita, though the provisions are stated under the
Revised Penal Code. (Dungo v. People, G. R. No. 209464, 1 July 2015)
Art. 221 Failure to make delivery of public funds or property - Any public officer under
obligation to make payment from Government funds in his possession, who shall fail to
make such payment, shall be punished by arresto mayor and a fine from 5% to 25% of
the sum which he failed to pay.
This provision shall apply to any public officer who, being ordered by competent authority
to deliver any property in his custody or under his administration, shall refuse to make
such delivery.
The fine shall be graduated in such case by the value of the thing: Provided, That it shall
not be less than P10,000. (Article 221, Revised Penal Code, as amended by Republic
Act No. 10951)
a. Elements
i. That the public officer has Government funds in his possession.
ii. That he is under obligation to make payment from such funds.
iii. That he fails to make the payment or refuses to make delivery maliciously. (Reyes,
Vol. 2, p. 446)
Art. 222 Officers and private individuals liable under Articles 217 to 221 - The
provisions of this chapter shall apply to:
a. Private individuals who in any capacity whatever, have charge of any national,
provincial or municipal funds, revenues, or property, and to b. Any administrator or
depository of funds or property attached, seized or deposited by public authority, even if
such property belongs to a private individual. (Article 222, Revised Penal Code, as
Art. 223 Conniving with or consenting to evasion - Any public officer who shall consent
to the escape of a prisoner in his custody or charge, shall be punished:
a. By prisión correccional in its medium and maximum periods and temporary special
disqualification in its maximum period to perpetual special disqualification, if the fugitive
52
shall have been sentenced by final judgment to any penalty.
b. By prisión correccional in its minimum period and temporary special disqualification, in
case the fugitive shall not have been finally convicted but only held as a detention prisoner
for any crime or violation of law or municipal ordinance. (Article 223, Revised
a. Elements
ii. That he had in his custody or charge, a prisoner, either detention prisoner or prisoner
by final judgment.
iii. That such prisoner escaped from his custody.
iv. That he was in connivance with the prisoner in the latter’s escape. (United States v.
Bandino, G. R. No. 9964, 11 February 1915, 29 Phil. 459, as cited in Reyes, Vol. 2, p.
450)
b. Classes of prisoners involved

i. If the fugitive has been sentenced by final judgment to any penalty.
ii. If the fugitive is held only as detention prisoner for any crime or violation of law or
municipal ordinance. (Id.)
Art. 224 Evasion through negligence - If the evasion of the prisoner shall have taken
place through the negligence of the officer charged with the conveyance or custody of the
escaping prisoner, said officer shall suffer the penalties of arresto mayor in its maximum
period to prisión correccional in its minimum period and temporary special disqualification.
a. Elements
ii. That he is charged with the conveyance or custody of a prisoner, either detention
prisoner or prisoner by final judgment.
iii. That such prisoner escapes through his his negligence. (Reyes, Vol. 2, p. 452)
Art. 225 Escape of prisoner under the custody of a person not a public officer - Any
private
person to whom the conveyance or custody of a prisoner or person under arrest shall
have been confided, who shall commit any of the offenses mentioned in the two preceding
articles, shall suffer the penalty next lower in degree than that prescribed for the public
officer. (Article 225, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender is a private person.
ii. That the conveyance or custody of a prisoner or person under arrest is confided to him.
iii. That the prisoner or person under arrest escapes.
iv. That the offender consents to the escape of the prisoner or person under arrest, or
that the escape takes place through his negligence. (Reyes, Vol. 2, p. 455)
53
Art. 226 Removal, concealment, or destruction of documents - Any public officer who
shall remove, destroy or conceal documents or papers officially entrusted to him, shall
suffer:
a. The penalty of prisión mayor and a fine not exceeding P200,000, whenever serious
damage shall have been caused thereby to a third party or to the public interest.
b. The penalty of prisión correccional in its minimum and medium period and a fine not
exceeding P200,000, whenever the damage caused to a third party or to the public
interest shall not have been serious. In either case, the additional penalty of temporary
special disqualification in its maximum period to perpetual disqualification shall be
imposed. (Article 226, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender be a public officer.
ii. That he abstracts, destroys or conceals documents or papers.
iii. That the said documents or papers should have been entrusted to such public officer
by reason of his office. (Reyes, Vol. 2, p. 456)
Art.227 Officer breaking seal - Any public officer charged with the custody of papers or
property sealed by proper authority, who shall break the seals or permit them to be
broken, shall suffer the penalties of prisión correccional in its minimum and medium
periods, temporary special disqualification and a fine not exceeding P400,000. (Article
227,Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
ii. That he is charged with the custody of papers or property.
iii. That these papers or property are sealed by proper authority.
iv. That he breaks the seals or permits them to be broken. (Reyes, Vol. 2, p. 461)
Art. 228 Opening of closed documents - Any public officer not included in the provisions
of the next preceding article who, without proper authority, shall open or shall permit to
be opened any closed papers, documents or objects entrusted to his custody, shall suffer
the penalties of arresto mayor, temporary special disqualification and a fine not exceeding
a. Elements
ii. That any closed papers, documents, or objects are entrusted to his custody.
iii. That he opens or permits to be opened said closed papers, documents or objects.
iv. That he does not have proper authority. (Reyes, Vol. 2, p. 462)
Art. 229 Revelation of secrets by an officer - Any public officer who shall reveal any
secret known to him by reason of his official capacity, or shall wrongfully deliver papers
or copies of papers of which he may have charge and which should not be published,
shall suffer the penalties of prisión correccional in its medium and maximum periods,
54
perpetual special disqualification and a fine not exceeding P400,000 if the revelation of
such secrets
or the delivery of such papers shall have caused serious damage to the public interest;
otherwise, the penalties of prisión correccional in its minimum period, temporary special,
disqualification and a fine not exceeding P100,000 shall be imposed. (Article 229, Revised
a. Elements
i. By revealing any secrets known to the offending public officer by reason of his official
capacity.
(1) That the offender is a public officer.
(2) That he knows of a secret by reason of his official capacity.
(3) That he reveals such secret without authority or justifiable reasons.
(4) That damage, great or small, be caused to the public interest.
ii. By delivering wrongfully papers or copies of papers of which he may have charge and
which should not be published.
(1) That the offender is a public officer.

(2) That he has charge of papers.
(3) That those papers should not be published.
(4) That he delivers those papers or copies thereof to a third person.
(5) That the delivery is wrongful.
(6) That damage be caused to public interest. (Reyes, Vol. 2, p. 464)
Art. 230 Public officer revealing secrets of private individual - Any public officer to
whom the secrets of any private individual shall become known by reason of his office
who shall reveal such secrets, shall suffer the penalties of arresto mayor and a fine not
exceeding P200,000. (Article 230, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
ii. That he knows of the secrets of a private individual by reason of his office.
iii. That he reveals such secrets without authority or justifiable reasons. (Reyes, Vol. 2, p.466)
Art. 231 Open disobedience - Any judicial or executive officer who shall openly refuse
to execute the judgment, decision or order of any superior authority made within the scope
of the jurisdiction of the latter and issued with all the legal formalities, shall suffer the
penalties of arresto mayor in its medium period to prisión correccional in its minimum
period, temporary special disqualification in its maximum period and a fine not exceeding
a. Elements
i. That the offender is a judicial or executive officer.
ii. That there is a judgment, decision or order of a superior authority.
iii. That such judgment, decision or order was made within the scope of the jurisdiction of
the superior authority and issued with all the legal formalities.
55
iv. That the offender without any legal justification openly refuses to execute the said
judgment, decision or order, which he is duty bound to obey. (Reyes, Vol. 2, p. 467)
Art. 232 Disobedience to order of superior officers, when said order was
suspended by inferior officer - Any public officer who, having for any reason suspended
the execution of the orders of his superiors, shall disobey such superiors after the latter
have disapproved thesuspension, shall suffer the penalties of prisión correccional in its
minimum and medium periods and perpetual special disqualification. (Article 232, Revised
Penal Code, asamended by Republic Act No. 10951)
a. Elements

ii. That an order is issued by his superior for execution.
iii. That he has for any reason suspended the execution of such order.
iv. That his superior disapproves the suspension of the execution of the order.
v. That the offender disobeys his superior despite the disapproval of the suspension.
(Reyes, Vol. 2, p. 468)
Art. 233 Refusal of assistance - The penalties of arresto mayor in its medium period to
prisión correccional in its minimum period, perpetual special disqualification and a fine
not exceeding P200,000, shall be imposed upon a public officer who, upon demand from
competent authority, shall fail to lend his cooperation towards the administration of justice
or other public service, if such failure shall result in serious damage to the public interest,
or to a third party; otherwise, arresto mayor in its medium and maximum periods and a
fine not exceeding P100,000 shall be imposed. (Article 233, Revised Penal Code, as
a. Elements

ii. That a competent authority demands from the offender that he lend his cooperation
towards the administration of justice or other public service.
iii. That the offender fails to do maliciously. (Reyes, Vol. 2, p. 469)
Art. 234 Refusal to discharge elective office - The penalty of arresto mayor or a fine
not exceeding P200,000, or both, shall be imposed upon any person who, having been
elected by popular election to a public office, shall refuse without legal motive to be
sworn in or to discharge the duties of said office. (Article 234, Revised Penal Code, as
a. Elements
i. That the offender is elected by a popular election to a public office.
ii. That he refuses to be sworn in or to discharge the duties of said office.
iii. That there is no legal motive for such refusal to be sworn in or to discharge the duties
of said office. (Reyes, Vol. 2, p. 470)
56
Art. 235 Maltreatment of prisoners - The penalty of prisión correccional in its medium
period to prisión mayor in its minimum period, in addition to his liability for the physical
injuries or damage caused, shall be imposed upon any public officer or employee who
shall overdo himself in the correction or handling of a prisoner or detention prisoner under
his charge, by the imposition of punishments not authorized by the regulations, or by
inflicting such punishments in a cruel and humiliating manner. If the purpose of the
maltreatment is to extort a confession, or to obtain some information from the prisoner,
the offender shall be punished by prisión mayor in its minimum period, temporary special
disqualification and a fine not exceeding P100,000, in addition to his liability for the
physical injuries or damage caused. (Article 235, Revised Penal Code, as
a. Elements

ii. That he has under his charge a prisoner or detention prisoner.
iii. That he maltreats such prisoner in either of the following manners:
(1) By overdoing such prisoner in the correction or handling of a prisoner or detention
prisoner under his charge either:
(a) By the imposition of punishments not authorized by the regulations, or
(b) By inflicting such punishments (those authorized) in a cruel and humiliating manner,
or
(2) By maltreating such prisoner to extort a confession or to obtain some information from
the prisoner. (Reyes, Vol 2, pp. 471-472)
Art. 236 Anticipation of duties of a public office - Any person who shall assume the
performance of the duties and powers of any public officer or employment, without first,
being sworn in or having given the bond required by law, shall be suspended from such
office or employment until he shall have complied with the respective formalities and shall
be fined from P40,000 to P100,000. (Article 236, Revised Penal Code, as amended by Republic Act
No. 10951)
a. Elements
i. That the offender is entitled to hold a public office or employment, either by election or
appointment.
ii. That the law requires that he should first be sworn in and/or should first give a bond.
iii. That he assumes the performance of the duties and powers of such office.
iv. That he has not taken his oath of office and/or given the bond required by law. (Reyes,
Vol 2, pp. 473-474)
Art. 237 Prolonging performance of duties and powers - Any public officer who shall
continue to exercise the duties and powers of his office, employment or commission,
beyond the period provided by law, regulation or special provisions applicable to the case,
shall suffer the penalties of prisión correccional in its minimum period, special temporary
disqualification in its minimum period and a fine not exceeding P100,000. (Article
237,Revised Penal Code, as amended by Republic Act No. 10951)
57
a. Elements
i. That the offender is holding a public office.

ii. That the period provided by law, regulations or special provisions for holding such
office, has already expired.
iii. That he continues to exercise the duties and powers of such office. (Reyes, Vol 2, p.
474)
Art. 238 Abandonment of office or position - Any public officer who, before the
acceptance of
his resignation, shall abandon his office to the detriment of the public service shall suffer
the penalty of arresto mayor.
If such office shall have been abandoned in order to evade the discharge of the duties of
preventing, prosecuting or punishing any of the crime falling within Title 1, and Chapter 1
of Title 3 of Book 2 of this Code, the offender shall be punished by prisión correccional in
its minimum and medium periods, and by arresto mayor if the purpose of such
abandonment is to evade the duty of preventing, prosecuting or punishing any other
crime.(Article 238, Revised Penal Code, as amended by Republic Act No. 10951)
Elements
i. That the offender is holding a public office.

ii. That he formally resigns from his position.
iii. That his resignation has not yet been accepted.
iv. That he abandons his office to the detriment of the public service. (Reyes, Vol. 2, p.
475)
Art. 239 Usurpation of legislative powers - The penalties of prisión correccional in its
minimum period, temporary special disqualification and a fine not exceeding P200,000,
shall be imposed upon any public officer who shall encroach upon the powers of the
legislative branch of the Government, either by making general rules or regulations
beyond the scope of his authority, or by attempting to repeal a law or suspending the
execution thereof. (Article 239, Revised Penal Code, as amended by Republic Act No.
10951)
a. Elements
i. That the offender is an executive or judicial officer.

ii. That he:
(1) Makes general rules or regulations beyond the scope of his authority, or
(2) Attempts to repeal a law, or
(3) Suspends the execution thereof. (Reyes, Vol. 2, p. 476)
Art. 240 Usurpation of executive functions - Any judge who shall assume any power
pertaining to the executive authorities, or shall obstruct the latter in the lawful exercise of
their powers, shall suffer the penalty of arresto mayor in its medium period to prisión
58
correccional in its minimum period. (Article 240, Revised Penal Code, as amended by
a. Elements
ii. That he:
(1) Assumes a power pertaining to the executive authorities, or
(2) Obstructs the executive authorities in the lawful exercise of their powers. (Reyes, Vol.
2,p. 477)
Art. 241 Usurpation of judicial functions - The penalty of arresto mayor in its medium
period to prisión correccional in its minimum period and shall be imposed upon any officer
of the executive branch of the Government who shall assume judicial powers or shall
obstruct the execution of any order or decision rendered by any judge within its
jurisdiction. (Article 241, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender is an officer of the executive branch of the Government.
ii. That he:
(1) Assumes judicial powers, or
(2) Obstructs the execution of any order or decision rendered by any judge within his
jurisdiction. (Reyes, Vol. 2, p. 477)
Art. 242 Disobeying request for disqualification - Any public officer who, before the
question of jurisdiction is decided, shall continue any proceeding after having been
lawfully required to refrain from so doing, shall be punished by arresto mayor and a fine
not exceeding P100,000. (Article 242, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
ii. That a proceeding is pending before such public officer.
iii. That there is a question brought before the proper authority regarding his jurisdiction,
which is not yet decided.
iv. That he has been lawfully required to refrain from continuing the proceeding.
v. That he continues the proceeding. (Reyes, Vol. 2, p. 478)
Art. 243 Orders or requests by executive officers to any judicial authority - Any
executive officer who shall address any order or suggestion to any judicial authority with
respect, to any case or business coming within the exclusive jurisdiction of the courts of
justice shall suffer the penalty of arresto mayor and a fine not exceeding P100,000. (Article
a. Elements
i. That the offender is an executive officer.
ii. That he addresses any order or suggestion to any judicial authority.
iii. That the order or suggestion relates to any case or business coming within the
exclusive jurisdiction of the courts of justice. (Reyes, Vol. 2, p. 479)
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Art. 244 Unlawful appointments - Any public officer who shall knowingly nominate or
appoint to any public office any person lacking the legal qualifications therefor, shall suffer
the penalty of arresto mayor and a fine not exceeding P200,000. (Article 244, Revised Penal
a. Elements

ii. That he nominates or appoints a person to a public office.
iii. That such person lacks the legal qualifications therefor.
iv. That the offender knows that his nominee or appointee lacks the qualifications at the
time he made the nomination or appointment. (Reyes, Vol. 2, p. 480)
Art. 245 Abuses against chastity - The penalties of prisión correccional in its medium
and maximum periods and temporary special disqualification shall be imposed:
1. Upon any public officer who shall solicit or make immoral or indecent advances to a
woman interested in matters pending before such officer for decision, or with respect to
which he is required to submit a report to or consult with a superior officer;
2. Any warden or other public officer directly charged with the care and custody of
prisoners or persons under arrest who shall solicit or make immoral or indecent advances
to a woman under his custody. If the person solicited be the wife, daughter, sister of
relative within the same degree by affinity of any person in the custody of such warden or
officer, the penalties shall be prisión correccional in its minimum and medium periods and
temporary special disqualification. (Article 245, Revised Penal Code, as amended by Republic Act
No. 10951)
a. Ways of committing abuses against chastity

i. By soliciting or making immoral or indecent advances to a woman interested in matters
pending before the offending officer for decision, or with respect to which he is required
to submit a report to or consult with a superior officer.
ii. By soliciting or making immoral or indecent advances to a woman under the offender’s
custody.
iii. By soliciting or making immoral or indecent advances to the wife, daughter, sister or
relative within the same degree by affinity of any person in the custody of the offending
warden or officer. (Reyes, Vol. 2, p. 481)
b. Elements

ii. That he solicits or makes immoral or indecent advances to a woman.
iii. That such woman must be:
(1) Interested in matters pending before the offender for decision, or with respect to which
he is required to submit a report to or consult with a superior officer; or
(2) Under the custody of the offender who is a warden or other public officer directly
60
charged with the care and custody of prisoners or persons under arrest; or
(3) The wife, daughter, sister or relative within the same degree by affinity of the person
in the custody of the offender. (Ibid., p. 482)
NOTE: The mother of the person in custody of the offender is not included. (Id.)
CRIME AGAINST PERSON
Art. 246 Parricide - Any person who shall kill his father, mother, or child, whether
legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall
be guilty of parricide and shall be punished by the penalty of reclusión perpetua to death.
a. Elements
i. That a person is killed.

ii. That the deceased is killed by the accused.
iii. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or
a legitimate other ascendant or other descendant, or the legitimate spouse, of the
accused. (Reyes, Vol. 2, p. 485)
Art. 247 Death or physical injuries inflicted under exceptional circumstances - Any
legally married person who having surprised his spouse in the act of committing sexual
intercourse with another person, shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer
61
the penalty of destierro. If he shall inflict upon them physical injuries of any other kind, he
shall be exempt from punishment.
These rules shall be applicable, under the same circumstances, to parents with respect
to their daughters under 18 years of age, and their seducer, while the daughters are living
with their parents. Any person who shall promote or facilitate the prostitution of his wife
or daughter, or shall otherwise have consented to the infidelity of the other spouse shall
not be entitled to the benefits of this article. (Article 247, Revised Penal Code, as
amended by Republic Act No.10951)
Elements
i. That a legally married person or a parent surprises his spouse or his daughter, the latter
under 18 years of age and living with him, in the act of committing sexual intercourse with
another person.
ii. That he or she kills any or both, of them or inflicts upon any or both of them any serious
physical injury in the act or immediately thereafter.
iii. That he has not promoted or facilitated the prostitution of his wife or daughter, or that
he or she has not consented to the infidelity of the other spouse. (Reyes, Vol. 2, p. 489)
Art. 248 Murder - Any person who, not falling within the provisions of Article 246 shall kill
another, shall be guilty of murder and shall be punished by reclusión temporal in its
maximum period to death, if committed with any of the following attendant circumstances:
a. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity.
b. In consideration of a price, reward, or promise.
c. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a street car or locomotive, fall of an airship, by means of motor
vehicles, or with the use of any other means involving great waste and ruin.
d. On occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.
e. With evident premeditation.
f. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse. (Article 248, Revised Penal Code, as
a. Elements
i. That a person was killed;
ii. That the accused killed him or her;
iii. That the killing was attended by any of the qualifying circumstances mentioned in
Article 248 of the Revised Penal Code; and
iv. That the killing is not parricide or infanticide. (People v. Dimapilit, G. R. No. 210802,
9 August 2017; 836 SCRA 514)
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Art. 249 Homicide - Any person who, not falling within the provisions of Article 246, shall
kill another without the attendance of any of the circumstances enumerated in the next
preceding article, shall be deemed guilty of homicide and be punished by reclusión
temporal. (Article 249, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That a person was killed;
ii. That the accused killed him without any justifying circumstance;
iii. That the accused had the intention to kill, which is presumed;
iv. That the killing was not attended by any of the qualifying circumstances of murder, or
by that of parricide or infanticide. (Reyes, Vol. 2, p. 503)
Art. 250 Penalty for frustrated parricide, murder or homicide - The courts, in view of
the facts of the case, may impose upon the person guilty of the frustrated crime of
parricide, murder or homicide, defined and penalized in the preceding articles, a penalty
lower by one degree than that which should be imposed under the provision of Article 50.
The courts, considering the facts of the case, may likewise reduce by one degree the
penalty which under Article 51 should be imposed for an attempt to commit any of such
crimes. (Article 250, Revised Penal Code, as amended by Republic Act No. 10951)
Art.251 Death caused in a tumultuous affray - When, while several persons, not
composing groups organized for the common purpose of assaulting and attacking each
other reciprocally, quarrel and assault each other in a confused and tumultuous manner,
and in the course of the affray someone is killed, and it cannot be ascertained who actually
killed the deceased, but the person or persons who inflicted serious physical injuries can
be identified, such person or persons shall be punished by prisión mayor.
If it cannot be determined who inflicted the serious physical injuries on the deceased, the
penalty of prisión correccional in its medium and maximum periods shall be imposed upon
all those who shall have used violence upon the person of the victim. (Article 251, Revised
a. Elements
i. That there be several persons.
ii. That they did not compose groups organized for the common purpose of assaulting
and attacking each other reciprocally.
iii. That these several persons quarreled and assaulted one another in a confused and
tumultuous manner.
iv. That someone was killed in the course of the affray.
v. That it cannot be ascertained who actually killed the deceased.
vi. That the person or persons who inflicted serious physical injuries or who used violence
can be identified. (Reyes, Vol. 2, p. 510)
Art. 252 Physical injuries inflicted in a tumultuous affray - When in a tumultuous

affray as referred to in the preceding article, only serious physical injuries are inflicted
upon the participants thereof and the person responsible thereof cannot be identified, all
63
those who appear to have used violence upon the person of the offended party shall
suffer the penalty next lower in degree than that provided for the physical injuries so
inflicted. When the physical injuries inflicted are of a less serious nature and the person
responsible therefor cannot be identified, all those who appear to have used any violence
upon the person of the offended party shall be punished by arresto mayor from 5 to 15
days. (Article 252, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That there is a tumultuous affray as referred to in the preceding article.
ii. That a participant or some participants thereof suffer serious physical injuries or
physical injuries of a less serious nature only.
iii. That the person responsible thereof cannot be identified.
iv. That all those who appear to have used violence upon the person of the offended party
are known. (Reyes, Vol. 2, p. 513)
Art. 253 Giving assistance to suicide - Any person who shall assist another to commit
suicide
shall suffer the penalty of prisión mayor; if such person leads his assistance to another to
the extent of doing the killing himself, he shall suffer the penalty of reclusión temporal.
However, if the suicide is not consummated, the penalty of arresto mayor in its medium
and maximum periods, shall be imposed. (Article 253, Revised Penal Code, as amended by
a. Acts punishable
i. By assisting another to commit suicide, whether the suicide is consummated or not.

ii. By lending his assistance to another to commit suicide to the extent of doing the killing
himself. (Reyes, Vol. 2, p. 514)
Art. 254 Discharge of firearms - Any person who shall shoot at another with any firearm
shall suffer the penalty of prisión correccional in its minimum and medium periods, unless
the facts of the case are such that the act can be held to constitute frustrated or attempted
parricide, murder, homicide or any other crime for which a higher penalty is prescribed by
any of the articles of this Code. (Article 254, Revised Penal Code, as amended by Republic Act No.
10951)
a. Elements
i. That the offender discharges a firearm against or at another person.
ii. That the offender has no intention to kill that person. (Reyes, Vol. 2, p. 516)
Art. 255 Infanticide - The penalty provided for parricide in Article 246 and for murder in
Article 248 shall be imposed upon any person who shall kill any child less than 3 days of
age. If the crime penalized in this article be committed by the mother of the child for the
purpose of concealing her dishonor, she shall suffer the penalty of prisión mayor in its
medium and maximum periods, and if said crime be committed for the same purpose by
the maternal grandparents or either of them, the penalty shall be reclusión temporal.
64
a. Elements
i. That a child was killed.

ii. That the deceased child was less than 3 days (72 hours) of age.
iii. That the accused killed the said child. (Reyes, Vol. 2, p. 519)
Art 256 Intentional abortion - Any person who shall intentionally cause an abortion shall
suffer:
a. The penalty of reclusión temporal, if he shall use any violence upon the person of the
pregnant woman.
b. The penalty of prisión mayor if, without using violence, he shall act without the consent
of the woman.
c. The penalty of prisión correccional in its medium and maximum periods, if the woman
shall have consented. (Article 256, Revised Penal Code, as amended by Republic Act No.10951)
a. Elements
i. That there is a pregnant woman;
ii. That violence is exerted, or drugs or beverages administered, or that the accused
otherwise acts upon such pregnant woman;
iii. That as a result of the use of violence or drugs or beverages upon her, or any other
act of the accused, the fetus dies, either in the womb or after having been expelled
therefrom;
iv. That the abortion is intended. (Reyes, Vol. 2, p. 523)
Art 257 Unintentional abortion - The penalty of prisión correccional in its minimum and
medium period shall be imposed upon any person who shall cause an abortion by
violence, but unintentionally. (Article 257, Revised Penal Code, as amended by Republic Act No.
10951)
a. Elements
i. That there is a pregnant woman.
ii. That violence is used upon such pregnant woman without intending an abortion.
iii. That the violence is intentionally exerted.
iv. That as a result of the use of violence the fetus dies, either in the womb or after having
been expelled therefrom. (Reyes, Vol. 2, p. 524)
Art. 259 Abortion practiced by the woman herself or by her parents - The penalty of
prisión correccional in its medium and maximum periods shall be imposed upon a woman
who shall practice abortion upon herself or shall consent that any other person should do
so.
Any woman who shall commit this offense to conceal her dishonor, shall suffer the
penalty of prisión correccional in its minimum and medium periods. If this crime be
committed by the parents of the pregnant woman or either of them, and they act with the
consent of said woman for the purpose of concealing her dishonor, the offenders shall
65
suffer the penalty of prisión correccional in its medium and maximum periods. (Article 258,
a. Elements
i. That there is a pregnant woman who has suffered an abortion.
ii. That the abortion is intended.
iii. That the abortion is caused by:
The pregnant woman herself;
(2) Any other person, with her consent; or

(3) Any of her parents, with her consent for the purpose of concealing her dishonor.
(Reyes, Vol. 2, p. 527)
Art 259 Abortion practiced by a physician or midwife and dispensing of abortives

– The penalties provided in Article 256 shall be imposed in its maximum period,
respectively, upon any physician or midwife who, taking advantage of their scientific
knowledge or skill, shall cause an abortion or assist in causing the same. Any pharmacist
who, without the proper prescription from a physician, shall dispense any abortive shall
suffer arresto mayor and a fine not exceeding P100,000. (Article 259, Revised Penal Code, as
a. Elements
i. In general
(1) That there is a pregnant woman who has suffered an abortion.

(2) That the abortion is intended.
(3) That the offender, who must be a physician or midwife, causes, or assists in causing,
the abortion.
(4) That said physician or midwife takes advantage of his or her scientific knowledge or
skill. (Reyes, Vol. 2, p. 528)
ii. As to the pharmacist
(1) That the offender is a pharmacist.

(2) That there is no proper prescription from a physician.
(3) That the offender dispenses any abortive. (Ibid., p. 529)
Art. 260 Duel - The penalty of reclusión temporal shall be imposed upon any person who
shall kill his adversary in a duel. If he shall inflict upon the latter physical injuries only, he
shall suffer the penalty provided therefor, according to their nature. In any other case, the
combatants shall suffer the penalty of arresto mayor, although no physical injuries have
been inflicted.
The seconds shall in all events be punished as accomplices. (Article 260, Revised Penal Code,
66
a. Definition –
Duel is a formal or regular combat previously concerted between 2 parties

in the presence of 2 or more seconds of lawful age on each side, who make the selection
of arms and fix all the other conditions of the fight. (Reyes, Vol. 2, p. 530)
b. Acts punished
i. By killing one’s adversary in a duel.
ii. By inflicting upon such adversary physical injuries.
iii. By making a combat although no physical injuries have been inflicted. (Id.)
c. Persons liable
i. The person who killed or inflicted physical injuries upon his adversary, or both
combatants in any other case, as principals.
ii. The seconds, as accomplices. (Id.)
Art. 261 Challenging to a duel - The penalty of prisión correccional in its minimum period
shall be imposed upon any person who shall challenge another, or incite another to give
or accept a challenge to a duel, or shall scoff at or decry another publicly for having
refused to accept a challenge to fight a duel. (Article 261, Revised Penal Code, as amended by
a. Acts punished
i. By challenging another to a duel.

ii. By inciting another to give or accept a challenge to a duel.
iii. By scoffing at or decrying another publicly for having refused to accept a challenge to
fight a duel. (Reyes, Vol. 2, p. 532)
b. Persons liable
i. Challenger; and
ii. Instigators. (Id.)
Art. 262 Mutilation - The penalty of reclusión temporal to reclusión perpetua shall be
imposed upon any person who shall intentionally mutilate another by depriving him, either
totally or partially, or some essential organ of reproduction.
Any other intentional mutilation shall be punished by prisión mayor in its medium and
maximum periods. (Article 262, Revised Penal Code, as amended by Republic Act No.
10951)
a. Acts punished
i. By intentionally mutilating another by depriving him, either totally or partially, of some
essential organ for reproduction.
67
(1) Elements
(a) That there be a castration, that is, mutilation of organs necessary for generation, such
as the penis or ovarium.
(b) That the mutilation is caused purposely and deliberately, that is, to deprive the
offended party of some essential organ for reproduction.
ii. By intentionally making other mutilation, 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
him of that part of his body. (Reyes, Vol. 2, p. 534)
Art. 263 Serious physical injuries - Any person who shall wound, beat, or assault
another, shall be guilty of the crime of serious physical injuries and shall suffer:
a. The penalty of prisión mayor, if in consequence of the physical injuries inflicted, the
injured person shall become insane, imbecile, impotent, or blind;
b. The penalty of prisión correccional in its medium and maximum periods, if in

consequence of the physical injuries inflicted, the person injured shall have lost the use
of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an
arm, or a leg or shall have lost the use of any such member, or shall have become
incapacitated for the work in which he was therefor habitually engaged;
c. The penalty of prisión correccional in its minimum and medium periods, if in

consequence of the physical injuries inflicted, the person injured shall have become
deformed, or shall have lost any other part of his body, or shall have lost the use thereof,
or shall have been ill or incapacitated for the performance of the work in which he as
habitually engaged for a period of more than 90 days;
d. The penalty of arresto mayor in its maximum period to prisión correccional in its
minimum period, if the physical injuries inflicted shall have caused the illness or
incapacity for labor of the injured person for more than 30 days.
If the offense shall have been committed against any of the persons enumerated in Article
246, or with attendance of any of the circumstances mentioned in Article 248, the case
covered by subdivision number 1 of this Article shall be punished by reclusión temporal
in its medium and maximum periods; the case covered by subdivision number 2 by prisión
correccional in its maximum period to prisión mayor in its minimum period; the case
covered by subdivision number 3 by prisión correccional in its medium and maximum
periods; and the case covered by subdivision number 4 by prisión correccional in its
minimum and medium periods.
The provisions of the preceding paragraph shall not be applicable to a parent who shall
inflict physical injuries upon his child by excessive chastisement. (Article 263, Revised
68
Art. 264 Administering injurious substances or beverages - The penalties established
by the next preceding article shall be applicable in the respective case to any person who,
without intent to kill, shall inflict upon another any serious, physical injury, by knowingly
administering to him any injurious substance or beverages or by taking advantage of his
weakness of mind or credulity. (Article 264, Revised Penal Code, as amended by RepublicAct No.
10951)
a. Elements
i. That the offender inflicted upon another any serious physical injury.
ii. That it was done by knowingly administering to him any injurious substances or
beverages or by taking advantage of his weakness of mind or credulity.
iii. That he had no intent to kill. (Reyes, Vol. 2, p. 545)
Art 265 Less serious physical injuries - Any person who shall inflict upon another
physical injuries not described in the preceding articles, but which shall incapacitate the
offended party for labor for 10 days or more, or shall require medical assistance for the
same period, shall be guilty of less serious physical injuries and shall suffer the penalty
of arresto mayor. Whenever less serious physical injuries shall have been inflicted with
the manifest intent to insult or offend the injured person, or under circumstances adding
ignominy to the offense, in addition to the penalty of arresto mayor, a fine not exceeding
P50,000 shall be imposed.
Any less serious physical injuries inflicted upon the offender’s parents, ascendants,
guardians, curators, teachers, or persons of rank, or persons in authority, shall be
punished by prisión correccional in its minimum and medium periods: Provided, That in
the case of persons in authority, the deed does not constitute the crime of assault upon
such persons.(Article 265, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That 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 of time.
ii. That the physical injuries must not be those described in the preceding articles. (Reyes,
Vol. 2, p. 546)
b. Qualified less serious physical injuries
i. A fine not exceeding P500 (now P50,000 under RA 10951), in addition to

arresto mayor, shall be imposed for less serious physical injuries when:
(1) There is a manifest intent to insult or offend the injured person, or

(2) There are circumstances adding ignominy to the offense.
ii. A higher penalty is imposed when the victim is either:
(1) The offender’s parents, ascendants, guardians, curators or teachers; or
69
(2) Persons of rank or persons in authority, provided the crime is not direct assault. (Ibid.,p.
547)
Art. 266 Slight physical injuries and maltreatment - The crime of slight physical injuries
shall be punished:
a. By arresto menor when the offender has inflicted physical injuries which shall
incapacitate the offended party for labor from 1 to 9 days, or shall require medical
attendance during the same period.
b. By arresto menor or a fine not exceeding P40,000 and censure when the offender has
caused physical injuries which do not prevent the offended party from engaging in his
habitual work nor require medical assistance.
c. By arresto menor in its minimum period or a fine not exceeding P5,000 when the
offender shall ill-treat another by deed without causing any injury. (Article 266, Revised
Art. 266 – A Rape
a. Elements
i. Rape by sexual intercourse
(1) That the offender is a man;

(2) That the offender had carnal knowledge of a woman;
(3) That such act is accomplished under any of the following circumstances:
(a) By using force or intimidation; or
(b) When the woman is deprived of reason or otherwise unconscious; or
(c) By means of fraudulent machination or grave abuse of authority; or (d) When the
woman is under 16years of age or demented.
NOTE: There shall be no criminal liability on the part of a person having carnal
knowledge of another person under 16 years of age when the age difference between the
parties is not more than 3 years, and the sexual act in question is proven to be
consensual, non-abusive, and non-exploitative:
Provided, further, That if the victim is under 13 years of age, this exception shall not apply.
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As used in this Act, non-abusive shall mean the absence of undue influence, intimidation,
fraudulent machinations, coercion, threat, physical, sexual, psychological, or mental
injury or maltreatment, either with intention or through neglect, during the conduct of
sexual activities with the child victim. On the other hand, non-exploitative shall mean there
is no actual or attempted act or acts of unfairly taking advantage of the child’s position of
vulnerability, differential power, or trust during the conduct of sexual activities. (Article 266-
A, Revised Penal Code, as amended by Republic Act No. 11648)
ii. Rape by sexual assault
(1) That the offender commits an act of sexual assault;

(2) 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 instrument or object into the genital or anal orifice of another person;
(3) That the act of sexual assault is accomplished under any of the following
circumstances:
(a) By using force or intimidation;

(b) When the woman is deprived of reason or otherwise unconscious; or
(c) By means of fraudulent machination or grave abuse of authority; or
(d) When the woman is under 16 years of age or demented. (Article 266-A, Revised Penal
Code, as amended by Republic Act No. 11648; Reyes, Vol. 2, pp. 556-557)
b. Qualified rape
i. Penalties
Manner of commission of rape Penalty

Simple rape by sexual intercourse Reclusion Perpetua
Whenever the rape by sexual intercourse Reclusion Perpetua to Death
iscommitted with the use of a deadly
weaponor by two or more persons
When by reason or on the occasion of the
perpetua to death
rape, the victim has become insane
When the rape is committed and a
homicide is committed by reason or on
theoccasion thereof
When by reason or on the occasion of the Death

rape by sexual intercourse, homicide is
committed
When rape with sexual intercourse is
committed by any of the 10
aggravating/qualifying circumstances
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Simple rape by sexual assault prison Mayor
Whenever the rape by sexual assault is Prisión mayor to reclusión temporal
committed with the use of a deadly
weapon or by two or more persons
When by reason or on the occasion of the Reclusión perpetua
rape by sexual assault, homicide is
committed
When rape with sexual assault is Reclusión temporal
committed by any of the 10
aggravating/qualifying circumstances
(Article 266-B, Revised Penal Code, as amended by Republic Act No. 10951)
iii. Aggravating/qualifying circumstances
(1) When the victim is under 18 years of age and the offender is a parent, ascendant,
stepparent, guardian, relative by consanguinity or affinity within the 3rd civil degree, or
the common law spouse of the parent of the victim.
(2) When the victim is under the custody of the police or military authorities or any law
enforcement or penal institution.
(3) When the rape is committed in full view of the spouse, parent, any of the children or
other relatives within the third civil degree of consanguinity.
(4) 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.
(5) When the victim is a child below 7 years old.
(6) When the offender knows that he is afflicted with Human Immuno-Deficiency Virus
(HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible
disease and the virus or disease is transmitted to the victim.
(7) When committed by any member of the Armed Forces of the Philippines or
paramilitary units thereof or the Philippine National Police or any law enforcement agency
or penal institution, when the offender took advantage of his position to facilitate the
commission of the crime.
(8) When by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation or disability.
(9) When the offender knew of the pregnancy of the offended party at the time of the
commission of the crime.
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(10) When the offender knew of the mental disability, emotional disorder and/or physical
handicap of the offended party at the time of the commission of the crime. (Id.)
NOTE: In lieu of the death penalty, the penalty of reclusión perpetua, when the law
violated makes use of the nomenclature of the penalties of the Revised Penal Code.
(Section 2[a], Republic Act No. 9346)
Art. 266 Effect of pardon - The subsequent valid marriage between the offender and the
offended party shall extinguish the criminal action or the penalty imposed. In case it is the
legal husband who is the offender, the subsequent forgiveness by the wife as the offended
party 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 be void ab initio. (Article
266-C, Revised Penal Code, as amended by Republic Act No. 10951)
Art. 266 Presumptions - Any physical overt act manifesting resistance against the act of
rape in any degree from the offended party, or where the offended party is so situated as
to render her/him incapable of giving valid consent, may be accepted as evidence in the
prosecution of the acts punished under Article 266-A. (Article 266-D, Revised Penal Code, as
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
Art. 267 Kidnapping and serious illegal detention - Any private individual who shall
kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the
penalty of reclusión perpetua to death:
a. If the kidnapping or detention shall have lasted more than 3 days.

b. If it shall have been committed simulating public authority.
c. If any serious physical injuries shall have been inflicted upon the person kidnapped or
detained; or if threats to kill him shall have been made.
d. If the person kidnapped or detained shall be a minor, except when the accused is any
of the parents, female or a public officer. The penalty shall be death where the kidnapping
or detention was committed for the purpose of extorting ransom from the victim or any
other person, even if none of the circumstances above-mentioned were present in the
commission of the offense.
When the victim is killed or dies as a consequence of the detention or is raped, or is

subject to torture or dehumanizing acts, the maximum penalty shall be imposed. (Article
73
a. Elements
i. The offender is a private individual;
ii. That individual kidnaps or detains another or in any other manner deprives the latter of
liberty;
iii. The act of detention or kidnapping is illegal;
iv. In the commission of the offense, any of the following circumstances is present:
(1) The kidnapping or detention lasts for more than 3 days.

(2) It is committed by one who simulates public authority.
(3) Any serious physical injury is inflicted upon the person kidnapped or detained, or any
threat to kill that person is made.
(4) The person kidnapped or detained is a minor, a female or a public officer. (People v.
Borja, G. R. No. 199710, 2 August 2017, 834 SCRA 192)
Art. 268 Slight illegal detention - The penalty of reclusión temporal shall be imposed
upon any private individual who shall commit the crimes described in the next preceding
article without the attendance of any of the circumstances enumerated therein.
The same penalty shall be incurred by anyone who shall furnish the place for the
perpetration of the crime. If the offender shall voluntarily release the person so kidnapped
or detained within 3 days from the commencement of the detention, without having
attained the purpose intended, and before the institution of criminal proceedings against
him, the penalty shall be prisión mayor in its minimum and medium periods and a fine not
exceeding P100,000. (Article 268, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender is a private individual.

ii. That he kidnaps or detains another, or in any other manner deprives him of his liberty.
iii. That the act of kidnapping or detention is illegal.
iv. That the crime is committed without the attendance of any of the circumstances
enumerated in Article 267. (People v. Concepcion, G. R. No. 214886, 4 April 2018, 860
SCRA 476)
Art. 269 Unlawful arrest - The penalty of arresto mayor and a fine not exceeding
P100,000 shall be imposed upon any person who, in any case other than those authorized
by law, or without reasonable ground therefor, shall arrest or detain another for the
purpose of delivering him to the proper authorities. (Article 269, Revised Penal Code, as amended
by Republic Act No. 10951)
a. Elements
i. That the offender arrests or detains another person.
ii. That the purpose of the offender is to deliver him to the proper authorities.
iii. That the arrest or detention is not authorized by law or there is no reasonable ground
therefor. (Reyes, Vol. 2, p. 589)
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Art. 270 Kidnapping and failure to return a minor - The penalty of reclusión perpetua
shall be imposed upon any person who, being entrusted with the custody of a minor
person, shall deliberately fail to restore the latter to his parents or guardians. (Article 270,
a. Elements
i. That the offender is entrusted with the custody of a minor person (whether over or under
7 years but less than 21 [now 18] years of age).
ii. That he deliberately fails to restore the said minor to his parents or guardians. (Reyes,
Vol. 2, p. 592)
Art. 271 Inducing a minor to abandon his home - The penalty of prisión correccional
and a fine not exceeding P100,000 shall be imposed upon anyone who shall induce a
minor to abandon the home of his parents or guardians or the persons entrusted with his
custody.
If the person committing any of the crimes covered by the 2 preceding articles shall be
the father or the mother of the minor, the penalty shall be arresto mayor or a fine not
exceeding P40,000 or both. (Article 271, Revised Penal Code, as amended by Republic
Act No. 10951)
a. Elements
i. That the minor is living in the home of his parents or guardian or the person entrusted
with his custody.
ii. That the offender induces said minor to abandon such home. (Reyes, Vol. 2, p. 594)
Art. 272 Slavery - The penalty of prisión mayor and a fine of not exceeding P10,000 shall
be imposed upon anyone who shall purchase, sell, kidnap or detain a human being for
the purpose of enslaving him. If the crime be committed for the purpose of assigning the
offended party to some immoral traffic, the penalty shall be imposed in its maximum
period. (Article 272, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender purchases, sells, kidnaps or detains a human being.
ii. That the purpose of the offender is to enslave such human being. (Reyes, Vol. 2, p.597)
Qualifying circumstance - If the purpose of the offender is to assign the offended party
to some immoral traffic (prostitution), the penalty is higher. (Id.)
Art. 273 Exploitation of child labor - The penalty of prisión correccional in its minimum
and medium periods and a fine not exceeding P500 shall be imposed upon anyone who,
under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or
person entrusted with the custody of a minor, shall, against the latter's will, retain him in
his service. (Article 273, Revised Penal Code, as amended by Republic Act No. 10951)
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Art 274 Services rendered under compulsion in payment of debt - The penalty of
arresto mayor in its maximum period to prisión correccional in its minimum period shall
be imposed upon any person who, in order to require or enforce the payment of a debt,
shall compel the debtor to work for him, against his will, as household servant or farm
laborer. (Article 274, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender compels a debtor to work for him, either as household servant or farm
laborer.
ii. That it is against the debtor’s will.
iii. That the purpose is to require or enforce the payment of a debt. (Reyes, Vol. 2, p. 599)
CRIME AGAINST SECURITY
Art. 275 Abandonment of person in danger and abandonment of one's own victim
- The penalty of arresto mayor shall be imposed upon:
a. Any one who shall fail to render assistance to any person whom he shall find in an
uninhabited 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.
b. Anyone who shall fail to help or render assistance to another whom he has accidentally
wounded or injured.
c. Anyone who, having found an abandoned child under 7 years of age, shall fail to deliver
said child to the authorities or to his family, or shall fail to take him to a safe place. (Article
Acts punishable
i. By failing to render assistance to any person whom the offender finds in an uninhabited
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.
(1) Elements
(a) The place is not inhabited;
(b) The accused found a person wounded or in danger of dying;
(c) The accused can render assistance without detriment to himself;
(d) The accused fails to render assistance.
ii. By failing to help or render assistance to another whom the offender has accidentally
wounded or injured.
iii. By failing to deliver a child, under 7 years of age whom the offender has found
abandoned, to the authorities or to his family, or by failing to take him to a safe place.
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(Reyes, Vol. 2, p. 601)
Art 276 Abandoning a minor - The penalty of arresto mayor and a fine not exceeding
P100,000 shall be imposed upon anyone who shall abandon a child under 7 years of age,
the custody of which is incumbent upon him. When the death of the minor shall result
from such abandonment, the culprit shall be punished by prisión correccional in its
medium and maximum periods; but if the life of the minor shall have been in danger only,
the penalty shall be prisión correccional in its minimum and medium periods.
The provisions contained in the 2 preceding paragraphs shall not prevent the imposition
of the penalty provided for the act committed, when the same shall constitute a more
serious offense. (Article 276, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender has the custody of a child.

ii. That the child is under 7 years of age.
iii. That he abandons such child.
iv. That he has no intent to kill the child when the latter is abandoned. (Reyes, Vol. 2, p.
603)
Art. 277 Abandonment of minor by person entrusted with his custody and
indifference of parents - The penalty of arresto mayor and a fine not exceeding
P100,000 shall be imposed upon anyone who, having charge of the rearing or education
of a minor, shall deliver said minor to a public institution or other persons, without the
consent of the one who entrusted such child to his care or in the absence of the latter,
without the consent of the proper authorities. The same penalty shall be imposed upon
the parents who shall neglect their children by not giving them the education which their
station in life requires and financial condition permits. (Article 277, Revised Penal Code, as
a. Elements
i. By 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.
(1) That the offender has charge of the rearing or education of a minor.
(2) That he delivers said minor to a public institution or other persons.
(3) That the one who entrusted such child to the offender has not consented to such act;
or if the one who entrusted such child to the offender is absent, the proper authorities
have not consented to it.
ii. By neglecting his (offender’s) children by not giving them the education which their
station in life requires and financial condition permits.
(1) That the offender is a parent.
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(2) That he neglects his children by not giving them education.
(3) That his station in life requires such education and his financial condition permits it.
(Reyes, Vol. 2, pp. 604-605)
Art. 2787 Exploitation of minors - The penalty of prisión correccional in its minimum
and medium periods and a fine not exceeding P100,000 shall be imposed upon:
a. Any person who shall cause any boy or girl under 16 years of age to perform any
dangerous feat of balancing, physical strength, or contortion.
b. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or
circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds,
children under 16 years of age who are not his children or descendants.
c. Any person engaged in any of the callings enumerated in the next preceding paragraph
who shall employ any descendant of his under 12 years of age in such dangerous
exhibitions.
d. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of
a child under 16 years of age who shall deliver such child gratuitously to any person
following any of the callings enumerated in paragraph 2 hereof, or to any habitual vagrant
or beggar. If the delivery shall have been made in consideration of any price,
compensation, or promise, the penalty shall in every case be imposed in its maximum
period.(Article 278, Revised Penal Code, as amended by Republic Act No. 10951)
Art. 279 Additional penalties for other offenses - The imposition of the penalties
prescribed in the preceding articles, shall not prevent the imposition upon the same
person of the penalty provided for any other felonies defined and punished by this Code.
Art. 280 Trespass to dwelling - Any private person who shall enter the dwelling of
another against the latter's will, shall be punished by arresto mayor and a fine not
exceeding P200,000. If the offense be committed by means of violence or intimidation,
the penalty shall be prisión correccional in its medium and maximum periods and a fine
not exceeding P200,000. The provisions of this article shall not be applicable to any
person who shall enter another's dwelling for the purpose of preventing some serious
harm to himself, the occupants of the dwelling or and third person, nor shall it be
applicable to any person who shall enter a dwelling for the purpose of rendering some
service to humanity or justice, nor to anyone who shall enter cafes, taverns, inns and
other public houses, while the same are open. (Article 280, Revised Penal Code, as amended by
a. Elements
i. That the offender is a private person.

ii. That he enters the dwelling of another.
iii. That such entrance is against the latter’s will. (Reyes, Vol. 2, p. 609)
b. Qualifying circumstance - If the offense is committed by means of violence or

intimidation, the penalty is higher. (Id.)
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Art. 281 Other forms of trespass - The penalty of arresto menor or a fine not exceeding
P40,000, or both, shall be imposed upon any person who shall enter the closed premises
or the fenced estate of another, while either or both of them are uninhabited, if the
prohibition to enter be manifest and the trespasser has not secured the permission of the
owner or the caretaker thereof. (Article 281, Revised Penal Code, as amended by Republic Act No.
10951)
a. Elements
i. That the offender enters the closed premises or the fenced estate of another.
ii. That the entrance is made while either of them is uninhabited.
iii. That the prohibition to enter be manifest.
iv. That the caretaker has not secured the permission of the owner or the caretaker
thereof.(Reyes, Vol. 2, p. 616)
Art. 282 Grave threats - Any person who shall threaten another with the infliction upon
the person, honor or property of the latter or of his family of any wrong amounting to a
crime, shall suffer:
a. The penalty next lower in degree than that prescribed by law for the crime he
threatened to commit, if the offender shall have made the threat demanding money or
imposing any other condition, even though not unlawful, and said offender shall have
attained his purpose. If the offender shall not have attained his purpose, the penalty lower
by 2 degrees shall be imposed. If the threat be made in writing or through a middleman,
the penalty shall be imposed in its maximum period.
b. The penalty of arresto mayor and a fine not exceeding P100,000 if the threat shall not
have been made subject to a condition. (Article 282, Revised Penal Code, as amended by Republic
Act No. 10951)
a. Elements
i. By 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 money or
imposing any other condition, even though not unlawful, and the offender attained
his purpose.
(1) That the offender threatens another person with the infliction upon the latter’s person,
honor or property, or upon that of the latter’s family, of any wrong.
(2) That such wrong amounts to a crime.
(3) That there is a demand for money or that any other condition is imposed, even though
not unlawful.
(4) That the offender attains his purpose.
ii. By making such threat without the offender attaining his purpose.
(1) That the offender threatens another person with the infliction upon the latter’s
person,honor or property, or upon that of the latter’s family, of any wrong.
79
(3) That there is a demand for money or that any other condition is imposed, even though
not unlawful.
(4) That the offender did not attain his purpose.
iii. By threatening another with the infliction upon his person, honor or property or
that of his family or any wrong amounting to a crime, the threat not being subject
to a condition.
(1) That the offender threatens another person with the infliction upon the latter’s person,
honor or property, or upon that of the latter’s family, of any wrong.
(3) That the threat is not subject to a condition. (Reyes, Vol. 2, pp. 617, 620)
Art. 283 Light threats - Any threat to commit a wrong not constituting a crime, made in
the manner expressed in subdivision 1 of the next preceding article, shall be punished by
arresto mayor. (Article 283, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender makes a threat to commit a wrong.
ii. That the wrong does not constitute a crime.
iii. That there is a demand for money or that other condition is imposed, even though not
unlawful.
iv. That the offender has attained his purpose or, that he has not attained his purpose.
(Reyes, Vol. 2, p. 624)
Art. 284 Bond for good behavior - In all cases falling within the two next preceding
articles, the person making the threats may also be required to give bail not to molest the
person threatened, or if he shall fail to give such bail, he shall be sentenced to destierro.
Art. 285 Other light threats - The penalty of arresto menor in its minimum period or a
fine not exceeding P40,000 shall be imposed upon:
a. Any person who, without being included in the provisions of the next preceding article,
shall threaten another with a weapon, or draw such weapon in a quarrel, unless it be in
lawful self-defense.
b. Any person who, in the heat of anger, shall orally threaten another with some harm not
constituting a crime, and who by subsequent acts shows that he did not persist, in the
idea involved in his threat: Provided, That the circumstances of the offense shall not bring
it within the provisions of Article 282 of this Code.
c. Any person who shall orally threaten to do another any harm not constituting a felony.
Art. 286 Grave coercions - The penalty of prisión correccional and a fine not exceeding
P100,000 shall be imposed upon any person who without any authority of law shall, by
means of violence, threats, or intimidation, prevent another from doing something not
80
wrong. If the coercion be committed in violation of the exercise of the right of suffrage, or
for the purpose of compelling another to perform any religious act, or to prevent him from
exercising such right or from so doing such act the penalty next higher in degree shall be
a. Ways of committing grave coercions

i. By preventing another, by means of violence, threats or intimidation, from doing
something not prohibited by law.
ii. By compelling another, by means of violence, threats or intimidation, to do something
against his will, whether it be right or wrong. (Reyes, Vol. 2, pp. 630-631)
b. Elements
i. That a person prevented another from doing something not prohibited by law, or that he
compelled him to do something against his will, be it right or wrong;
ii. That the prevention or compulsion be effected by violence, threats or intimidation and
iii. That the person that restrained the will and liberty of another had not the authority of
law or the right to do so, or in other words, that the restraint shall not be made under
authority of law or in the exercise of any lawful right. (Id.)
Art.287 Light coercions - Any person who, by means of violence, shall seize anything
belonging to his debtor for the purpose of applying the same to the payment of the debt,
shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the
value of the thing, but in no case less than P15,000. Any other coercions or unjust
vexations shall be punished by arresto menor or a fine ranging from P1,000 to not more
than P40,000 or both. (Article 287, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender must be a creditor.
ii. That he seizes anything belonging to his debtor.
iii. That the seizure of the thing be accomplished by means of violence or a display of
material force producing intimidation.
iv. That the purpose of the offender is to apply the same to the payment of the debt.
(Reyes, Vol. 2, p. 642)
Art. 288 Other similar coercions and compulsory purchase of merchandise and
payment of wages by means of tokens - The penalty of arresto mayor or a fine ranging
from P40,000 to P100,000, or both, shall be imposed upon any person, agent or officer
of any association or corporation who shall force or compel, directly or indirectly, or shall
knowingly permit any laborer or employee employed by him or by such firm or corporation
to be forced or compelled, to purchase merchandise or commodities of any kind. The
same penalties shall be imposed upon any person who shall pay the wages due a laborer
or employee employed by him, by means of tokens or objects other than the legal tender
currency of the Philippines, unless expressly requested by the laborer or employee. (Article
a. Elements
81
i. By forcing or compelling, directly or indirectly, or knowingly permitting the forcing or
compelling of the laborer or employee of the offender to purchase merchandise or
commodities of any kind from him.
(1) That the offender is any person, agent or officer of any association or corporation.
(2) That he or such firm or corporation has employed laborers or employees.
(3) 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 purchase merchandise or
commodities of any kind from him or from said firm or corporation.
ii. By paying the wages due his laborer or employee by means of tokens or objects other
than the legal tender currency of the Philippines, unless expressly requested by such
laborer or employee.
(1) That the offender pays the wages due a laborer or employee employed by him by
means of tokens or objects.
(2) That those tokens or objects are other than the legal tender currency of the Philippines.
(3) That such employee or laborer does not expressly request that he be paid by means
of tokens or objects. (Reyes, Vol. 2, pp. 644-645)
Art. 289 Formation, maintenance and prohibition of combination of capital or labor

through violence or threats - The penalty of arresto mayor and a fine not exceeding
P60,000 shall be imposed upon any person who, for the purpose of organizing,
maintaining or preventing coalitions of capital or labor, strike of laborers or lock-out of
employers, shall employ violence or threats in such a degree as to compel or force the
laborers or employees in the free and legal exercise of their industry or work, if the act
shall not constitute a more serious offense in accordance with the provisions of this Code.
(Article 289, Revised Penal Code, as amended by Republic Act No. 10951 )
a. Elements
i. That 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.
ii. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike
of laborers or lockout of employers. (Reyes, Vol. 2, p. 646)
Art. 290 Discovering secrets through seizure of correspondence - The penalty of

prisióncorreccional in its minimum and medium periods and a fine not exceeding
P100,000 shall be imposed upon any private individual who in order to discover the
secrets of another, shall seize his papers or letters and reveal the contents thereof. If the
offender shall not reveal such secrets, the penalty shall be arresto mayor and a fine not
exceeding P100,000. This provision shall not be applicable to parents, guardians, or
persons entrusted with the custody of minors with respect to the papers or letters of the
children or minors placed under their care or custody, nor to spouses with respect to the
papers or letters of either of them. (Article 290, Revised Penal Code, as amended by Republic Act
No. 10951)
a. Elements
82
i. That the offender is a private individual or even a public officer not in the exercise of his
official function.
ii. That he seizes the papers or letters of another.
iii. That the purpose is to discover the secrets of such another person.
iv. That offender is informed of the contents of the papers or letters seized. (Reyes, Vol.2,
pp. 648-649)
Art. 291 Revealing secrets with abuse of office - The penalty of arresto mayor and a
fine not exceeding P100,000 shall be imposed upon any manager, employee or servant
who, in such capacity, shall learn the secrets of his principal or master and shall reveal
such secrets. (Article 291, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender is a manager, employee or servant.
ii. That he learns the secrets of his principal or master in such capacity.
iii. That he reveals such secrets. (Reyes, Vol. 2, p. 651)
Art. 292 Revelation of industrial secrets - The penalty of prisión correccional in its
minimum
and medium periods and a fine not exceeding P100,000 shall be imposed upon the
person in charge, employee or workman of any manufacturing or industrial establishment
who, to the prejudice of the owner thereof, shall reveal the secrets of the industry of the
latter. (Article 292, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender is a person in charge, employee or workman of a manufacturing or
industrial establishment.
ii. That the manufacturing or industrial establishment has a secret of the industry which
the offender has learned.
iii. That the offender reveals such secrets.
iv. That prejudice is caused to the owner. (Reyes, Vol. 2, p. 652)
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CRIMES AGAINST PROPERTY
Art. 293 Robbery
a. Persons liable - Any person who, with intent to gain, shall take any personal property
belonging to another, by means of violence or intimidation of any person, or using force
upon anything shall be guilty of robbery. (Article 293, Revised Penal Code, as amended by Republic
Act No. 10951)
i. Elements in general
(1) That there be personal property belonging to another;
(2) That there is unlawful taking of that property;
(3) That the taking must be with intent to gain; and
(4) That there is violence against or intimidation of any person, or force upon anything.
(Reyes, Vol. 2, p. 656)
Art. 294 Robbery with violence against or intimidation of persons - Any person guilty
of robbery with the use of violence against or intimidation of any person shall suffer:
i. The penalty of reclusión perpetua to death, when by reason or on occasion of the

robbery, the crime of homicide shall have been committed; or when the robbery shall
have been accompanied by rape or intentional mutilation or arson.
ii. The penalty of reclusión temporal in its medium period to reclusión perpetua when or if
by reason or on occasion of such robbery, any of the physical injuries penalized in
subdivision 1 of Article 263 shall have been inflicted.
iii. The penalty of reclusión temporal, when by reason or on occasion of the robbery, any
of the physical injuries penalized in subdivision 2 of the article mentioned in the next
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preceding paragraph, shall have been inflicted.
iv. The penalty of prisión mayor in its maximum period to reclusión temporal in its
medium period, if the violence or intimidation employed in the commission of the
robbery shall have been carried to a degree clearly unnecessary for the commission of
the crime, or when in the course of its execution, the offender shall have inflicted upon
any person not responsible for its commission any of the physical injuries covered by
subdivisions 3 and 4 of said Article 263.
v. The penalty of prisión correccional in its maximum period to prisión mayor in its
medium period in other cases. (Article 294, Revised Penal Code, as amended by Republic Act No.
10951)
Art. 295 Qualified robbery with violence against or intimidation of persons - If the
offenses mentioned in subdivisions 3, 4, and 5 of the next preceding article shall have
been committed:
i. In an uninhabited place, or
ii. By a band, or
iii. By attacking a moving train, street car, motor vehicle or airship, or
iv. By entering the passenger's compartments in a train or,
v. In any manner, taking the passengers thereof by surprise in the respective
conveyances, or on a street, road, highway, or alley, and the intimidation is made with the
use of a firearm, the offender shall be punished by the maximum period of the proper
penalties. In the same cases, the penalty next higher in degree shall be imposed upon
the leader of the band. (Article 295, Revised Penal Code, as amended by Republic Act No. 10951)
Art. 296 Definition of a band and penalty incurred by the members thereof - When
more than 3 armed malefactors take part in the commission of a robbery, it shall be
deemed to have been committed by a band. When any of the arms used in the
commission of the offense be an unlicensed firearm, the penalty to be imposed upon all
the malefactors shall be the maximum of the corresponding penalty provided by law,
without prejudice of the criminal liability for illegal possession of such unlicensed firearms.
Any member of a band who is present at the commission of a robbery by the band, shall
be punished as principal of any of the assaults committed by the band, unless it be shown
that he attempted to prevent the same. (Article 296, Revised Penal Code, as amended by Republic
Act No. 10951)
Art. 297 Attempted and frustrated robbery committed under certain circumstances
- When by reason or on occasion of an attempted or frustrated robbery a homicide is
committed, the person guilty of such offenses shall be punished by reclusión temporal in
its maximum period to reclusión perpetua, unless the homicide committed shall deserve
a higher penalty under the provisions of this Code. (Article 297, Revised Penal Code, as amended
by Republic Act No. 10951)
Art. 298 Execution of deeds by means of violence or intimidation - Any person who,
with intent
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to defraud another, by means of violence or intimidation, shall compel him to sign, execute
or deliver any public instrument or documents, shall be held guilty of robbery and
punished by the penalties respectively prescribed in this Chapter. (Article 298, Revised Penal
i. Elements
(1) That the offender has intent to defraud another.
(2) That the offender compels him to sign, execute, or deliver any public instrument or
document. That the compulsion is by means of violence or intimidation. (Reyes, Vol. 2, p.
701)
Art. 299 Robbery in an inhabited house or public building or edifice devoted to

worship – Any armed person who shall commit robbery in an inhabited house or public
building or edifice devoted to religious worship, shall be punished by reclusión temporal,
if the value of the property taken shall exceed P50,000, and if:
i. The malefactors shall enter the house or building in which the robbery was committed,
by any of the following means:
(1) Through an opening not intended for entrance or egress.
(2) By breaking any wall, roof, or floor or breaking any door or window.
(3) By using false keys, pick locks or similar tools.
(4) By using any fictitious name or pretending the exercise of public authority.
Or if:
ii. The robbery be committed under any of the following circumstances:

(1) By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed
furniture or receptacle.
(2) By taking such furniture or objects away to be broken or forced open outside the place
of the robbery. When the offenders do not carry arms, and the value of the property taken
exceeds P50,000 the penalty next lower in degree shall be imposed. The same rule shall
be applied when the offenders are armed, but the value of the property taken does not
exceed P50,000.
When said offenders do not carry arms and the value of the property taken does not
exceed P50,000, they shall suffer the penalty prescribed in the 2 next preceding
paragraphs, in its minimum period. If the robbery be committed in one of the
dependencies of an inhabited house, public building, or building dedicated to religious
worship, the penalties next lower in degree than those prescribed in this article shall be
i. Elements
(1) Under first subdivision
(a) That the offender entered an inhabited place, or public building, or edifice devoted to
religious worship.
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(b) That the entrance was effected by any of the following means:
(1) Through an opening not intended for entrance or egress;
(2) By breaking any wall, roof, or floor or breaking any door or window;
(3) By using false keys, picklocks or similar tools; or
(4) By using any fictitious name or pretending the exercise of public authority.
(c) That once inside the building, the offender took personal property belonging to another
with intent to gain.
(2) Under second subdivision
(a) That the offender is inside a dwelling house, public building, or edifice devoted to
religious worship, regardless of the circumstances under which he entered it;
(b) That the offender takes personal property belonging to another, with intent to gain,
under any of the following circumstances:
(i) By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed
furniture or receptacle; or
(ii) By taking such furniture or objects away to be broken or forced open outside the place
of the robbery. (Reyes, Vol. 2, pp. 708-710)
Art. 300 Robbery in an uninhabited place and by a band - The robbery mentioned in
the next preceding article, if committed in an uninhabited place and by a band, shall be
punished by the maximum period of the penalty provided therefor. (Article 300, Revised Penal
Art. 301 Concept of an inhabited house, public building or building dedicated to

religious worship and their dependencies - Inhabited house means any shelter, ship
or vessel constituting the dwelling of one or more persons, even though the inhabitants
thereof shall temporarily be absent therefrom when the robbery is committed.
The term "public building" includes every building owned by the Government or
belonging to a private person not included used or rented by the Government, although
temporarily unoccupied by the same. (Article 301, Revised Penal Code, as amended by
Art. 302 Robbery in an uninhabited place or in a private building - Any robbery

committed in an uninhabited place or in a building other than those mentioned in the first
paragraph of Article 299 if the value of the property taken exceeds P50,000, shall be
punished by prisión correccional in its medium and maximum periods provided that any
of the following circumstances is present:
i. If the entrance has been effected through any opening not intended for entrance or
egress.
ii. If any wall, roof, floor or outside door or window has been broken.
iii. If the entrance has been effected through the use of false keys, picklocks or other
similar tools.
iv. If any door, wardrobe, chest, or any sealed or closed furniture or receptacle has been
broken.
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v. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been
removed, even if the same be broken open elsewhere.
When the value of the property taken does not exceed P50,000, the penalty next lower in
degree shall be imposed. (Article 302, Revised Penal Code, as
i. Elements
(1) That the offender entered 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) That any of the following circumstances was present:

(a) The entrance was effected through an opening not intended for entrance or egress;
(b) A wall, roof, floor, or outside door or window was broken;
(c) The entrance was effected through the use of false keys, picklocks or other similar
tools;
(d) A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken;
or
(e) A closed or sealed receptacle was removed, even if the same be broken open
elsewhere.
(3) That with intent to gain, the offender took therefrom personal property belonging to
another. (Reyes, Vol. 2, pp. 716-717)
Art. 303 Robbery of cereals, fruits, or firewood in an uninhabited place or private

building – In the cases enumerated in Articles 299 and 302, when the robbery consists
in the taking of cereals, fruits, or firewood, the culprit shall suffer the penalty next lower in
degree than
that prescribed in said articles. (Article 303, Revised Penal Code, as amended by
Art. 304 Possession of picklocks or similar tools - Any person who shall without lawful
cause have in his possession picklocks or similar tools especially adopted to the
commission of the crime of robbery, shall be punished by arresto mayor in its maximum
period to prisión correccional in its minimum period. The same penalty shall be imposed
upon any person who shall make such tools. If the offender be a locksmith, he shall suffer
the penalty of prisión correccional in its medium and maximum periods. (Article 304, Revised
Elements
(1) That the offender has in his possession picklocks or similar tools.
(2) That such picklocks or similar tools are specially adopted to the commission of
robbery.
(3) That the offender does not have lawful cause for such possession. (Reyes, Vol. 2, p.
723)
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Art. 305 False keys - The term "false keys" shall be deemed to include:
i. The tools mentioned in the next preceding articles.
ii. Genuine keys stolen from the owner.
iii. Any keys other than those intended by the owner for use in the lock forcibly opened by
the offender. (Article 305, Revised Penal Code, as amended by Republic Act No. 10951)
Art. 306 Brigandage - When more than 3 armed persons form a band of robbers for the
purpose of committing robbery in the highway, or kidnapping persons for the purpose of
extortion or to obtain ransom or for any other purpose to be attained by means of force
and violence, they shall be deemed highway robbers or brigands. Persons found guilty of
this offense shall be punished by prisión mayor in its medium period to reclusión temporal
in its minimum period if the act or acts committed by them are not punishable by higher
penalties, in which case, they shall suffer such high penalties. If any of the arms carried
by any of said persons be an unlicensed firearm, it shall be presumed that said persons
are highway robbers or brigands, and in case of conviction, the penalty shall be imposed
in the maximum period. (Article 306, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. There be at least 4 armed persons.
ii. They formed a band of robbers.
iii. The purpose is any of the following:
(1) To commit robbery in the highway; or
(2) To kidnap persons for the purpose of extortion or to obtain ransom; or
(3) To attain by means of force and violence any other purpose. (Reyes, Vol. 2, pp. 725-
726)
Art. 307 Aiding and abetting a band of brigands - Any person knowingly and in any
manner aiding, abetting or protecting a band of brigands as described in the next
preceding article, or giving them information of the movements of the police or other
peace officers of the Government, when the latter are acting in aid of the Government, or
acquiring or receiving the property taken by such brigands shall be punished by prisión
correccional in its medium period to prisión mayor in its minimum period. It shall be
presumed that the person performing any of the acts provided in this article has performed
them knowingly, unless the contrary is proven. (Article 307, Revised Penal Code, as amended by
a. Elements
i. That there is a band of brigands.
ii. That the offender knows the band to be of brigands.
iii. That the offender does any of the following acts:
(1) He in any manner aids, abets or protects such band of brigands; or
(2) He gives them information of the movements of the police or other peace officers of
the Government; or
(3) He acquires or receives the property taken by such brigands. (Reyes, Vol. 2, p. 729)
Art. 308 Theft
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a. Persons liable for theft - Theft is committed by any person who, with intent to gain
but without violence against or intimidation of persons nor force upon things, shall take
personal property of another without the latter's consent.
Theft is likewise committed by: authorities or to its owner;
ii. 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
iii. Any person who shall enter an inclosed 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 cereals, or other forest or farm products. (Article 308, Revised Penal
b. Elements
i. The actual act of taking without the use of violence, intimidation, or force upon persons
or things;
ii. Intent to gain on the part of the taker; and
iii. The absence of the owner’s consent. (People v. Mejares, G. R. No. 225735, 10 January
2018, 850 SCRA 480)
Penalties
Value stolen Penalty

More than P1,200,000 but does not Prisión mayor in its minimum and medium
exceed Periods
P2,200,000
Exceeds P2,200,000 Maximum period of the one prescribed in
paragraph 1 of Article 309, and 1 year for
each additional P1,000,000, but the total
of
the penalty which may be imposed shall
not exceed 20 years
NOTE: In such cases, and in connection with the accessory penalties which may be
imposed and for the purpose of the other provisions of this Code, the penalty shall be
termed prisión mayor or reclusión temporal, as the case may be.
More than P600,000 but does not exceed Prisión correccional in its medium and
P1,200,000 maximum periods
More than P20,000 but does not exceed Prisión correccional in its minimum and
P600,000 medium periods
Over P5,000 but does not exceed P20,000 Arresto mayor in its medium period to
prisión correccional in its minimum period
Over P500 but does not exceed P5,000 Arresto mayor to its full extent
Does not exceed P500 Arresto mayor in its minimum and medium
periods
If the theft is committed under the Arresto menor or a fine not exceeding
P20,000
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circumstances enumerated in paragraph 3
of the next preceding article and the value
of the thing stolen does not exceed P500
If the theft is committed under the Article 309, nos. 1 to 5 (any of them
circumstances enumerated in paragraph 3 depending on the value) shall be
of the next preceding article and the value applicable
of the thing stolen exceeds P500
Not over P500, and the offender shall have Arresto menor in its minimum period or a
acted under the impulse of hunger, fine of not exceeding P5,000
poverty, or the difficulty of earning a
livelihood for the support of himself or his
family.
Art. 310 Qualified theft - The crime of theft shall be punished by the penalties next higher
by two degrees than those respectively specified in the next preceding article, if
committed by a domestic servant, or with grave abuse of confidence, or if the property
stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the
premises of the plantation or fish taken from a fishpond or fishery, or if property is taken
on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance. (Article 310, Revised Penal Code, as amended by Republic
Act No. 10951)
i. Elements
(1) Taking of personal property;
(2) That the said property belongs to another;
(3) That the said taking be done with intent to gain;
(4) That it be done without the owner’s consent;
(5) That it be accomplished without the use of violence or intimidation against persons,
nor of force upon things;
(6) That it be done with grave abuse of confidence. (People v. Mejares, G. R. No. 225735,10
January 2018, 850 SCRA 480)
Art. 311 Theft of the property of the National Library and National Museum - If the
property stolen be any property of the National Library or the National Museum, the
penalty shall be arresto mayor or a fine ranging from P40,000 to P100,000, or both, unless
a higher penalty should be provided under other provisions of this Code, in which case,
the offender shall be punished by such higher penalty. (Article 311, Revised Penal Code, as
Art. 312 Occupation of real property or usurpation of real rights in property - Any
person who,by means of violence against or intimidation of persons, shall take
possession of any real property or shall usurp any real rights in property belonging to
another, in addition to the penalty incurred for the acts of violence executed by him, shall
be punished by a fine from 50% to 100% of the gain which he shall have obtained, but
not less than P15,000. If the value of the gain cannot be ascertained, a fine from P40,000
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to P100,000 shall be imposed. (Article 312, Revised Penal Code, as amended by Republic Act No.
10951)
a. Acts punishable
i. By taking possession of any real property belonging to another by means of violence

against or intimidation of persons.
ii. By usurping any real rights in property belonging to another by means of violence
against or intimidation of persons. (Reyes, Vol. 2, p. 772)
a. Elements
i. That the offender takes possession of any real property or usurps any real rights in
property.
ii. That the real property or real rights belong to another.
iii. That violence against or intimidation of persons is used by the offender in occupying
real property or usurping real rights in property.
iv. That there is intent to gain. (Ibid., pp. 772-773)
Art. 313 Altering boundaries or landmarks - Any person who shall alter the boundary
marks or monuments of towns, provinces, or estates, or any other marks intended to
designate the boundaries of the same, shall be punished by arresto menor or a fine not
exceeding P20,000, or both. (Article 313, Revised Penal Code, as amended by Republic Act No.
10951)
a. Elements
i. That there be boundary marks or monuments of towns, provinces, or estates, or any
other marks intended to designate the boundaries of the same.
ii. That the offender alters said boundary marks. (Reyes, Vol. 2, p. 775)
Art. 314 Fraudulent insolvency - Any person who shall abscond with his property to the
prejudice of his creditors, shall suffer the penalty of prisión mayor, if he be a merchant
and the penalty of prisión correccional in its maximum period to prisión mayor in its
medium period, if he be not a merchant. (Article 314, Revised Penal Code, as amended by Republic
Act No. 10951)
a. Elements
i. That the offender is a debtor; that is, he has obligations due and payable.
ii. That he absconds with his property.
iii. That there be prejudice to his creditors. (Reyes, Vol. 2, p. 776)
Art. 315 Estafa or swindling - Any person who shall defraud another by any of the
means mentioned herein below shall be punished by:
a. The penalty of prisión correccional in its maximum period to prisión mayor in its
minimum period, if the amount of the fraud is over P2,400,000 but does not exceed
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P4,400,000, and if such amount exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period, adding 1 year for each additional
P2,000,000; but the total penalty which may be imposed shall not exceed 20 years. In
such cases, and in connection with the accessory penalties which may be imposed and
for the purpose of the other provisions of this Code, the penalty shall be termed prisión
mayor or reclusión temporal as the case may be.
b. The penalty of prisión correccional in its minimum and medium periods, if the amount
of the fraud is over P1,200,000 but does not exceed P2,400,000.
c. The penalty of arresto mayor in its maximum period to prisión correccional, in its
minimum period, if such amount is over P40,000 but does not exceed P1,200,000.
d. By arresto mayor in its medium and maximum periods, if such amount does not exceed
P40,000: Provided, That in the 4 cases mentioned, the fraud be committed by any of the
following means:
i. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality of anything of value which the offender
shall deliver by virtue of an obligation to do so, even though such obligation be based on
an immoral or illegal consideration.
(b) By misappropriating or converting, to the prejudice of another, money, goods, or any
other personal property received by the offender in trust or on commission, or for
administration, or under any other obligation involving the duty to make delivery of or to
return the same, even though such obligation be totally or partially guaranteed by a bond;
or by denying having received such money, goods, or other property.
(c) By taking undue advantage of the signature of the offended party in blank, and by
writing any document above such signature in blank, to the prejudice of the offended
party or any third person.
ii. By means of any of the following false pretenses or fraudulent acts executed
prior to or simultaneously with the commission of the fraud:
iii. By means of any of the following false pretenses or fraudulent acts executed
prior to or simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power, influence,

qualifications, property, credit, agency, business or imaginary transactions, or by means
of other similar deceits.
(b) By altering the quality, fineness or weight of anything pertaining to his art or business.
(c) By pretending to have bribed any Government employee, without prejudice to the
action for calumny which the offended party may deem proper to bring against the
offender. In this case, the offender shall be punished by the maximum period of the
penalty.
(d) By postdating a check, or issuing a check in payment of an obligation when the
offender had no funds in the bank, or his funds deposited therein were not sufficient to
cover the amount of the check. The failure of the drawer of the check to deposit the
amount necessary to cover his check within 3 days from receipt of notice from the bank
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and/or the payee or holder that said check has been dishonored for lack or insufficiency
of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent
act.
Any person who shall defraud another by means of false pretenses or fraudulent
acts as defined in paragraph 2(d) hereof shall be punished by:
a. The penalty of reclusión temporal in its maximum period, if the amount of fraud is over
P4,400,000 but does not exceed P8,800,000. If the amount exceeds the latter, the penalty
shall be reclusión perpetua.
b. The penalty of reclusión temporal in its minimum and medium periods, if the amount of
the fraud is over P2,400,000 but does not exceed P4,400,000.
c. The penalty of prisión mayor in its maximum period, if the amount of the fraud is over
P1,200,000 but does not exceed P2,400,000.
d. The penalty of prisión mayor in its medium period, if such amount is over P40,000 but
does not exceed P1,200,000.
e. By prisión mayor in its minimum period, if such amount does not exceed P40,000.
iii. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any document.
(b) By resorting to some fraudulent practice to insure success in a gambling game.
(c) By removing, concealing or destroying, in whole or in part, any court record, office
files, document or any other papers. (Article 315, Revised Penal Code, as amended by
a. Elements
i. In general
(1) That the accused defrauded another by abuse of confidence or by means of deceit;
and
(2) That damage or prejudice capable of pecuniary estimation is caused to the offended
party or third person. (Reyes, Vol. 2, p. 780)
ii. In estafa with unfaithfulness

(1) That the offender has an onerous obligation to deliver something of value.
(2) That he alters its substance, quantity, or quality.
(3) That damage or prejudice is caused to another. (Ibid., p. 782)
iii. In estafa with abuse of confidence

(1) That money, goods, or other personal property be received by the offender in trust, or
on commission, or for administration, or under any other obligation involving the duty to
make delivery of, or to return the same;
(2) That there be misappropriation or conversion of such money or property by the
offender, or denial on his part of such receipt;
(3) That such misappropriation or conversion or denial is to the prejudice of another; and
(4) That there is a demand made by the offended party to the offender. (Ibid., p. 784)
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iv. In estafa by taking undue advantage of the signature in blank
(1) That the paper with the signature of the offended party be in blank.
(2) That the offended party should have delivered it to the offender.
(3) That above the signature of the offended party a document is written by the offender
without authority to do so.
(4) That the document so written creates a liability of, or causes damage to, the offended
party or any third person. (Ibid., p. 812)
v. In estafa by means of deceit

(1) That there must be a false pretense, fraudulent act or fraudulent means.
(2) That such false pretense, fraudulent act or fraudulent means must be made or
executed prior to or simultaneously with the commission of the fraud.
(3) That the offended party must have relied on the false pretense, fraudulent act, or
fraudulent means, that is, he was induced to part with his money or property because of
the false pretense, fraudulent act, or fraudulent means.
(4) That as a result thereof, the offended party suffered damage. (Escobar v. People, G.
R. No. 205576, 20 November 2017, 845 SCRA 86)
vi. In estafa by postdating a check or issuing a check in payment of an obligation

(1) That the offender postdated a check, or issued a check in payment of an obligation.
(2) That such postdating or issuing a check was done when the offender had no funds in
the bank, or his funds deposited therein were not sufficient to cover the amount of the
check. (Reyes, Vol. 2, p. 824)
vii. In estafa through any of the fraudulent means

(1) By inducing another to sign any document
(a) That the offender induced the offended party to sign a document.
(b) That deceit be employed to make him sign the document.
(c) That the offended party personally signed the document.
(d) That prejudice be caused. (Ibid., p. 843)
(2) By removing, concealing or destroying documents
(a) That there be court record, office files, documents or any other papers.
(b) That the offender removed, concealed or destroyed any of them.
(c) That the offender had intent to defraud another. (Ibid., p. 846)
Art. 316 Other forms of swindling - The penalty of arresto mayor in its minimum and
medium period and a fine of not less than the value of the damage caused and not more
than 3 times such value, shall be imposed upon:
a. Any person who, pretending to be the owner of any real property, shall convey, sell,
encumber or mortgage the same.
b. Any person who, knowing that real property is encumbered, shall dispose of the same,
although such encumbrance be not recorded.
c. 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.
d. Any person who, to the prejudice of another, shall execute any fictitious contract.
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e. Any person who shall accept any compensation given him under the belief that it was
in payment of services rendered or labor performed by him, when in fact he did not
actually perform such services or labor.
f. Any person who, while being a surety in a bond given in a criminal or civil action, without
express authority from the court or before the cancellation of his bond or before being
relieved from the obligation contracted by him, shall sell, mortgage, or, in any other
manner, encumber the real property or properties with which he guaranteed the fulfillment
of such obligation. (Article 316, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. Any person who, pretending to be owner of any real property, shall convey, sell,
encumber or mortgage the same.
(1) That the thing be immovable, such as a parcel of land or a building.
(2) That the offender who is not the owner of said property should represent that he is the
owner thereof.
(3) That the offender should have executed an act of ownership (selling, leasing,
encumbering or mortgaging the real property).
(4) That the act be made to the prejudice of the owner or a third person.
ii. Any person, who, knowing that real property is encumbered, shall dispose of the same,
although such encumbrance be not recorded.
(1) That the thing disposed of be real property.
(2) That the offender knew that the real property was encumbered, whether the
encumbrance is recorded or not.
(3) That there must be express representation by the offender that the real property is
free from encumbrance.
(4) That the act of disposing of the real property be made to the damage of another.
iii. 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.
(1) That the offender is the owner of personal property.
(2) That said personal property is in the lawful possession of another.
(3) That the offender wrongfully takes it from its lawful possessor.
(4) That prejudice is thereby caused to the possessor or third person.
iv. Any person who, to the prejudice of another, shall execute any fictitious contract.
v. Any person who shall accept any compensation given him under the belief that it was
in payment of services rendered or labor performed by him, when in fact he did not
actually perform such services or labor.
vi. Any person who, while being a surety in a bond given in a criminal or civil action,
without express authority from the court or before the cancellation of his bond or before
being relieved from the obligation contracted by him, shall sell, mortgage, or, in any other
manner, encumber the real property or properties with which he guaranteed the
fulfillment of such obligation.
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(1) That the offender is a surety in a bond given in a criminal or civil action.
(2) That he guaranteed the fulfillment of such obligation with his real property or
properties.
(3) That he sells, mortgages, or, in any other manner encumbers said real property.
(4) That such sale, mortgage or encumbrance is:
(a) Without express authority from the court, or
(b) Made before the cancellation of his bond, or
(c) Before being relieved from the obligation contracted by him. (Reyes, Vol. 2, pp. 851,
854, 859, 862)
Art. 317 Swindling a minor - Any person who taking advantage of the inexperience or
emotions or feelings of a minor, to his detriment, shall induce him to assume any
obligation or to give any release or execute a transfer of any property right in consideration
of some loan of money, credit or other personal property, whether the loan clearly appears
in the document or is shown in any other form, shall suffer the penalty of arresto mayor
and a fine of a sum ranging from 10% to 50% of the value of the obligation contracted by
the minor. (Article 317, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender takes advantage of the inexperience or emotions or feelings of a
minor.
ii. That he induces such minor:

(1) To assume an obligation, or
(2) To give release, or
(3) To execute a transfer of any property right.
iii. That the consideration is:

(1) Some loan of money,
(2) Credit, or
(3) Other personal property.
iv. That the transaction is to the detriment of such minor. (Reyes, Vol. 2, p. 863)
Art. 318 Other deceits - The penalty of arresto mayor and a fine of not less than the
amount of the damage caused and not more than twice such amount, shall be imposed
upon any person who shall defraud or damage another by any other deceit not mentioned
in the preceding articles of this Chapter. Any person who, for profit or gain, shall interpret
dreams, make forecasts, tell fortunes, or take advantage of the credulity of the public in
any other similar manner, shall suffer the penalty of arresto mayor or a fine not exceeding
a. Acts punished
i. By defrauding or damaging another by any other deceit not mentioned in the preceding
articles.
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ii. By interpreting dreams, by making forecasts, by telling fortunes, or by taking advantage
of the credulity of the public in any other similar manner, for profit or gain. (Reyes, Vol. 2, p.
864)
Art. 319 Removal, sale or pledge of mortgaged property - The penalty of arresto
mayor or a fine amounting to twice the value of the property shall be imposed upon:
a. Any person who shall knowingly remove any personal property mortgaged under the
Chattel Mortgage Law to any province or city other than the one in which it was located
at the time of the execution of the mortgage, without the written consent of the mortgagee,
or his executors, administrators or assigns.
b. Any mortgagor who shall sell or pledge 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 hereof in the
office of the Register of Deeds of the province where such property is located. (Article 319,
a. Elements
i. Knowingly removal of mortgaged personal property

(1) That personal property is mortgaged under the Chattel Mortgage Law.
(2) That the offender knows that such property is so mortgaged.
(3) That he removes such mortgaged personal property to any province or city other than
the one in which it was located at the time of the execution of the mortgage.
(4) That the removal is permanent.
(5) That there is no written consent of the mortgagee or his executors, administrators or
assigns to such removal. (Reyes, Vol. 2, p. 868)
ii. Selling or pledging personal property already pledged

(1) That personal property is already pledged under the terms of the Chattel Mortgage
Law.
(2) That the offender, who is the mortgagor of such property, sells or pledges the same
or any part thereof.
(3) That there is no 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. (Ibid., p. 870)
Art. 320 Destructive Arson
a. Simple arson - Any person who burns or sets fire to the property of another shall be
punished by prisión mayor.
The same penalty shall be imposed when a person sets fire to his own property under
circumstances which expose to danger the life or property of another. (Section 1,
Presidential Decree No. 1613, Arson Law)
b. Destructive arson - The penalty of reclusión temporal in its maximum period to

reclusión perpetua shall be imposed if the property burned is any of the following:
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i. Any ammunition factory and other establishment where explosives, inflammable or
combustible materials are stored.
ii. Any archive, museum, whether public or private, or any edifice devoted to culture,
education or social services.
iii. Any church or place of worship or other building where people usually assemble.
iv. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation
of persons or property
v. Any building where evidence is kept for use in any legislative, judicial, administrative
or other official proceedings.
vi. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center,
public or private market, theater or movie house or any similar place or building.
vii. Any building, whether used as a dwelling or not, situated in a populated or congested
area. (Section 2, Arson Law)
Art. 321 Other cases of arson - The penalty of reclusión temporal to reclusión perpetua
shall be imposed if the property burned is any of the following:
i. Any building used as offices of the government or any of its agencies;

ii. Any inhabited house or dwelling;
iii. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
iv. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or
forest;
v. Any rice mill, sugar mill, cane mill or mill central; and
vi. Any railway or bus station, airport, wharf or warehouse. (Section 3, Arson Law)
d. Special aggravating circumstances in arson - The penalty in any case of arson shall be
imposed in its maximum period:
i. If committed with intent to gain;
ii. If committed for the benefit of another;
iii. If the offender is motivated by spite or hatred towards the owner or occupant of the
property burned;
iv. If committed by a syndicate.
The offense is committed by a syndicate if it is planned or carried out by a group of 3 or

more persons. (Section 4, Arson Law)
Art. 326- A Where death results from arson - If by reason of or on the occasion of the
arson death results, the penalty of reclusión perpetua to death shall be imposed. (Section
5, Arson Law)
Art. 326 – B Prima facie evidence of arson - Any of the following circumstances shall
constitute
prima facie evidence of arson:
i. If the fire started simultaneously in more than one part of the building or establishment.
ii. If substantial amount of flammable substances or materials are stored within the
building not necessary in the business of the offender nor for household use.
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iii. If gasoline, kerosene, petroleum or other flammable or combustible substances or
materials soaked therewith or containers thereof, or any mechanical, electrical, chemical,
or electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing
are found in the ruins or premises of the burned building or property.
iv. If the building or property is insured for substantially more than its actual value at the
time of the issuance of the policy.
v. If during the lifetime of the corresponding fire insurance policy more than 2 fires have
occurred in the same or other premises owned or under the control of the offender and/or
insured.
vi. 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.
vii. 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. (Section 6, Arson Law)
Conspiracy to commit arson - Conspiracy to commit arson shall be punished by prisión

mayor in its minimum period. (Section 7, Arson Law)
Confiscation of object of arson - The building which is the object of arson including the
land on which it is situated shall be confiscated and escheated to the State, unless the
owner thereof can prove that he has no participation in nor knowledge of such arson
despite the exercise of due diligence on his part. (Section 8, Arson Law)
Art. 327 Malicious mischief - Any person who shall deliberately cause the property of
another any damage not falling within the terms of the next preceding chapter shall be
guilty of malicious mischief. (Article 327, Revised Penal Code, as amended by Republic Act No.
10951)
a. Elements
i. That the offender deliberately caused damage to the property of another.
ii. That such act does not constitute arson or other crimes involving destruction.
iii. That the act of damaging another’s property be committed merely for the sake of
damaging it. (Reyes, Vol. 2, p. 889)
NOTE: This third element presupposes that the offender acted due to hate, revenge or
other evil motive. (Id.)
Art. 328 Special cases of malicious mischief - Any person who shall cause damage to
obstruct the performance of public functions, or using any poisonous or corrosive
substance; or spreading any infection or contagion among cattle; or who causes 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, shall be
punished:
i. By prisión correccional in its minimum and medium periods, if the value of the damage
caused exceeds P200,000;
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ii. By arresto mayor, if such value does not exceed the abovementioned amount but is
over P40,000; and
iii. By arresto menor, if such value does not exceed P40,000. (Article 328, Revised Penal Code,
Art. 329 Other mischiefs - The mischiefs not included in the next preceding article shall
be punished:
i. By arresto mayor in its medium and maximum periods, if the value of the damage
caused exceeds P200,000;
ii. By arresto mayor in its minimum and medium periods, if such value is over P40,000
but does not exceed P200,000; and
iii. By arresto menor or a fine of not less than the value of the damage caused and not
more than P40,000, if the amount involved does not exceed P40,000 or cannot be
estimated. (Article 329, Revised Penal Code, as amended by Republic Act No. 10951)
Art. 330 Damage and obstruction to means of communication - The penalty of

prisión correccional in its medium and maximum periods shall be imposed upon any
person who shall damage any railway, telegraph or telephone lines. If the damage shall
result in any derailment of cars, collision or other accident, the penalty of prisión mayor
shall be imposed, without prejudice to the criminal liability of the offender for the other
consequences of his criminal act.For the purpose of the provisions of the article, the
electric wires, traction cables, signal system and other things pertaining to railways, shall
be deemed to constitute an integral part of a railway system. (Article 330, Revised Penal Code,
Art. 331 Destroying or damaging statues, public monuments or paintings - Any

person who shall destroy or damage statues or any other useful or ornamental public
monument, shall suffer the penalty of arresto mayor in its medium period to prisión
correccional in its minimum period. Any person who shall destroy or damage any useful
or ornamental painting of a public nature shall suffer the penalty of arresto menor or a
fine not exceeding P40,000, or both such fine and imprisonment, in the discretion of the
court. (Article 331, Revised Penal Code, as amended by Republic Act No. 10951)
Art. 332 Persons exempt from criminal liability - No criminal, but only civil liability, shall
result from the commission of the crime of theft, swindling or malicious mischief committed
or caused mutually by the following persons:
i. Spouses, ascendants and descendants, or relatives by affinity in the same line.

ii. The widowed spouse with respect to the property which belonged to the deceased
spouse before the same shall have passed into the possession of another; and
iii. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
The exemption established by this article shall not be applicable to strangers participating
in the commission of the crime. (Article 332, Revised Penal Code, as amended by Republic Act No.
10951)
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CRIMES AGAINST CHASTITY
Art. 333 Adultery - Adultery is committed by any married woman who shall have sexual
intercourse with a man not her husband and by the man who has carnal knowledge of
her knowing her to be married, even if the marriage be subsequently declared void.
Adultery shall be punished by prisión correccional in its medium and maximum periods.
If the person guilty of adultery committed this offense while being abandoned without
justification by the offended spouse, the penalty next lower in degree than that provided
in the next preceding paragraph shall be imposed. (Article 333, Revised Penal Code, as
a. Elements
i. That the woman is married.
ii. That she has sexual intercourse with a man not her husband.
iii. That as regards the man with whom she has sexual intercourse, he must know her to
be married. (Reyes, Vol. 2, p. 903)
Art. 334 Concubinage - Any husband who shall keep a mistress in the conjugal dwelling,
or shall have sexual intercourse, under scandalous circumstances, with a woman who is
not his wife, or shall cohabit with her in any other place, shall be punished by prisión
correccional in its minimum and medium periods.
The concubine shall suffer the penalty of destierro. (Article 334, Revised Penal Code, as
a. Elements
i. That the man must be married.
ii. That he committed any of the following acts:
(1) Keeping a mistress in the conjugal dwelling; or

(2) Having sexual intercourse under scandalous circumstances with a woman who is not
is wife;
(3) Cohabiting with her in any other place.
iii. That as regards the woman, she must know him to be married. (Reyes, Vol. 2, p. 910)
Art. 336 Acts of lasciviousness - Any person who shall commit any act of lasciviousness
upon other persons of either sex, under any of the circumstances mentioned in the
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preceding article, shall be punished by prisión correccional. (Article 336, Revised Penal Code,
a. Elements
i. That the offender commits any act of lasciviousness or lewdness.
ii. That the act of lasciviousness is committed against a person of either sex.
iii. That it is done under any of the following circumstances:
(1) By using force or intimidation; or
(2) When the offended party is deprived of reason or otherwise unconscious;
(3) By means of fraudulent machination or grave abuse of authority;
(4) When the offended party is under 12 years of age or is demented. (Reyes, Vol. 2, p.
916)
Art. 337 Qualified seduction - The seduction of a minor, 16 and over but under 18 years
of age, committed by any person in public authority, priest, home-servant, domestic,
guardian, teacher, or any person who, in any capacity, shall be entrusted with the
education or custody of the minor seduced, shall be punished by prisión correccional in
its minimum and medium periods. The penalty next higher in degree shall be imposed
upon any person who shall seduce his sister or descendant, whether or not she be a
virgin or over 18 years of age. Under the provisions of this Chapter, seduction is
committed when the offender has carnal knowledge of any of the persons and under the
circumstances described herein. (Article 337, Revised Penal Code, as amended by
a. Classes of qualified seduction

Seduction of a virgin over 16 years and under 18 years of age by certain persons; such
as, a person in authority, priest, teacher, etc.; and
ii. Seduction of a sister by her brother, or descendant by her ascendant, regardless of her
age or reputation. (Section 2, Republic Act No. 11648; Reyes, Vol. 2, p. 925)
b. Elements
i. That the offended party is a virgin, which is presumed if she is unmarried and of good
reputation, or his sister or descendant.
ii. That she must be over 16 and under 18 years of age.
iii. That the offender has sexual intercourse with her.
iv. That there is abuse of authority, confidence or relationship on the part of the offender.
(Id.)
Art. 338 Simple seduction - The seduction of a minor, 16 and over but under 18 years
of age, committed by means of deceit, shall be punished by arresto mayor. (Article 338,
a. Elements
i. That the offended party is over 16 and under 18 years of age.
ii. That she must be of good reputation, single or widow.
iii. That the offender has sexual intercourse with her.
iv. That there is committed by means of deceit. (Section 2, Republic Act No. 11648; Reyes,
Vol. 2, p. 930)
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Art. 339 Acts of lasciviousness with the consent of the offended party - The penalty
of arresto mayor shall be imposed to punish any other acts of lasciviousness committed
by the same persons and the same circumstances as those provided in Articles 337 and
338. (Article 339, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender commits acts of lasciviousness or lewdness.
ii. That the acts are committed upon a woman who is virgin or single or widow of good
reputation, under 18 years of age but over 12 years, or a sister or descendant regardless
of her reputation or age.
iii. That the offender accomplishes the acts by abuse of authority, confidence,relationship,
or deceit. (Reyes, Vol. 2, p. 933)
Art. 340 Corruption of minors - Any person who shall promote or facilitate the
prostitution or corruption of persons underage to satisfy the lust of another, shall be
punished by prisión mayor, and if the culprit is a pubic officer or employee, including those
in government owned or controlled corporations, he shall also suffer the penalty of
temporary absolute disqualification. (Article 340, Revised Penal Code, as amended by Republic Act
No. 10951)
Art. 341 White slave trade - The penalty of prisión mayor in its medium and maximum
period shall be imposed upon any person who, in any manner, or under any pretext, shall
engage in the business or shall profit by prostitution or shall enlist the services of any
other for the purpose of prostitution. (Article 341, Revised Penal Code, as amended by Republic Act
No. 10951)
a. Acts punished
i. Engaging in the business of prostitution.
ii. Profiting by prostitution.
iii. Enlisting the services of women for the purpose of prostitution. (Reyes, Vol. 2, p. 937)
Art. 342 Forcible abduction - The abduction of any woman against her will and with
lewddesigns shall be punished by reclusión temporal.
The same penalty shall be imposed in every case, if the female abducted be under 12
years of age. (Article 342, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the person abducted is any woman, regardless of her age, civil status, or
reputation.
ii. That the abduction is against her will.
iii. That the abduction is with lewd designs. (Reyes, Vol. 2, p. 939)
Art. 343 Consented abduction - The abduction of a virgin over 12 years and under 18
years of age, carried out with her consent and with lewd designs, shall be punished by
the penalty of prisión correccional in its minimum and medium periods. (Article 343, Revised
104
a. Elements
i. That the offended party must be a virgin.
ii. That she must be over 12 and under 18 years of age.
iii. That the taking away of the offended party must be with her consent, after solicitation
or cajolery from the offender.
iv. That the taking away of the offended party must be with lewd designs. (Reyes, Vol. 2,
p.946)
Art. 344 Prosecution of the crimes of adultery, concubinage, seduction, abduction,

rape and acts of lasciviousness - The crimes of adultery and concubinage shall not be
prosecuted except upon a complaint filed by the offended spouse. The offended party
cannot institute criminal prosecution without including both the guilty parties, if they are
both alive, nor, in any case, if he shall have consented or pardoned the offenders. The
offenses of seduction, abduction, rape, or acts of lasciviousness, shall not be prosecuted
except upon a complaint filed by the offended party or her parents, grandparents, or
guardian, nor, in any case, if the offender has been expressly pardoned by the above
named persons, as the case may be. In cases of seduction, abduction, acts of
lasciviousness and rape, the marriage of the offender with the offended party shall
extinguish the criminal action or remit the penalty already imposed upon him. The
provisions of this paragraph shall also be applicable to the co-principals, accomplices and
accessories after the fact of the above-mentioned crimes. (Article 344, Revised Penal
Art. 345 Civil liability of persons guilty of crimes against chastity - Persons guilty of
rape, seduction or abduction, shall also be sentenced:
a. To indemnify the offended woman.

b. To acknowledge the offspring, unless the law should prevent him from so doing.
c. In every case to support the offspring.
The adulterer and the concubine in the case provided for in Articles 333 and 334 may
also be sentenced, in the same proceeding or in a separate civil proceeding, to indemnify
for damages caused to the offended spouse. (Article 345, Revised Penal Code, as
Art. 346 Liability of ascendants, guardians, teachers, or other persons entrusted

with the custody of the offended party - The ascendants, guardians, curators, teachers
and any person who, by abuse of authority or confidential relationships, shall cooperate
as accomplices in the perpetration of the crimes embraced in chapters 2nd, 3rd and 4th,
of this title, shall be punished as principals. Teachers or other persons in any other
capacity entrusted with the education and guidance of youth, shall also suffer the penalty
of temporary special disqualification in its maximum period to perpetual special
disqualification. Any person falling within the terms of this article, and any other person
guilty of corruption of minors for the benefit of another, shall be punished by special
105
disqualification from filling the office of guardian. (Article 346, Revised Penal Code, as
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
Art. 347. Simulation of births, substitution of one child for another and concealment
or abandonment of a legitimate child - The simulation of births and the substitution of
one child for another shall be punished by prisión mayor and a fine of not exceeding
P200,000.
The same penalties shall be imposed upon any person who shall conceal or abandon any
legitimate child with intent to cause such child to lose its civil status. Any physician or
surgeon or public officer who, in violation of the duties of his profession or office, shall
cooperate in the execution of any of the crimes mentioned in the 2 next preceding
paragraphs, shall suffer the penalties therein prescribed and also the penalty of temporary
special disqualification. (Article 347, Revised Penal Code, as amended by Republic Act
No. 10951)
a. Acts punished
i. Simulation of births.
ii. Substitution of one child for another.
iii. Concealing or abandoning any legitimate child with intent to cause such child to lose
its civil status. (Reyes, Vol. 2, p. 967)
b. Elements of concealing or abandoning any legitimate child

i. The child must be legitimate;
ii. The offender conceals or abandons such child; and
iii. The offender has the intent to cause such child to lost its civil status. (Ibid., p. 969)
Art. 348. Usurpation of civil status - The penalty of prisión mayor shall be imposed
upon any person who shall usurp the civil status of another, should he do so for the
purpose of defrauding the offended party or his heirs; otherwise, the penalty of prisión
correccional in its medium and maximum periods shall be imposed. (Article 348, Revised
Art. 349. Bigamy - The penalty of prisión mayor shall be imposed upon any person who
shall contract a second or subsequent marriage before the former marriage has been
legally dissolved, or before the absent spouse has been declared presumptively dead by
means of a judgment rendered in the proper proceedings. (Article 349, Revised Penal
a. Elements
i. That the offender has been legally married;
106
ii. That the first marriage has not been legally dissolved or, in case his or her spouse is
absent, the absent spouse could not yet be presumed dead according to the Civil Code
(now governed by the Family Code);
iii. That he contracts a second or subsequent marriage; and
iv. That the second or subsequent marriage has all the essential requisites for validity.
(Vitangcol v. People, G. R. No. 207406, 13 January 2016, 780 SCRA 598)
Art. 350 Marriage contracted against provisions of laws - The penalty of prisión
correccional in its medium and maximum periods shall be imposed upon any person who,
without being included in the provisions of the next preceding article, shall have not been
complied with or that the marriage is in disregard of a legal impediment. If either of the
contracting parties shall obtain the consent of the other by means of violence, intimidation
or fraud, he shall be punished by the maximum period of the penalty provided in the next
preceding paragraph. (Article 350, Revised Penal Code, as amended by Republic Act No.
10951)
a. Elements
i. That the offender contracted marriage.
ii. That he knew at the time that:
(1) The requirements of the law were not complied with; or
(2) The marriage was in disregard of a legal impediment. (Reyes, Vol. 2, p. 980)
Art.352 Performance of illegal marriage ceremony - Priests or ministers of any

religious denomination or sect, or civil authorities who shall perform or authorize any
illegal marriage ceremony shall be punished in accordance with the provisions of the
Marriage Law. (Article 352, Revised Penal Code, as amended by Republic Act No. 10951)
107
CRIMES AGAINST HONOR
Art. 353 Libel - A libel is a public and malicious imputation of a crime, or of a vice or
defecreal or imaginary, or any act, omission, condition, status, or circumstance tending
to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken
the memory of one who is dead. (Article 353, Revised Penal Code, as amended by
a. Elements
i. That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or
any act, omission, status or circumstance.
ii. That the imputation must be made publicly.
iii. That it must be malicious.
iv. That the imputation must be directed to a natural or juridical person, or one who is
dead.
v. That the imputation must tend to cause the dishonor, discredit or contempt of the
person defamed. (Reyes, Vol. 2, p. 987)
Art. 354. Requirement for publicity - Every defamatory imputation is presumed to be

malicious, even if it be true, if no good intention and justifiable motive for making it is
shown, except in the following cases:
a. A private communication made by any person to another in the performance of any

legal, moral or social duty; and
b. A fair and true report, made in good faith, without any comments or remarks, of any
judicial, legislative or other official proceedings which are not of confidential nature, or of
any statement, report or speech delivered in said proceedings, or of any other act
performed by public officers in the exercise of their functions. (Article 354, Revised Penal
Art. 355 Libel means by writings or similar means - A libel committed by means of
writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition,
cinematographic exhibition, or any similar means, shall be punished by prisión
correccional in its minimum and medium periods or a fine ranging from P40,000 to
P1,200,000, or both, in addition to the civil action which may be brought by the offended
party. (Article 355, Revised Penal Code, as amended by Republic Act No. 10951)
Art. 356. Threatening to publish and offer to present such publication for a
compensation – The penalty of arresto mayor or a fine from P40,000 to P400,000, or
both, shall be imposed upon any person who threatens another to publish a libel
108
concerning him or the parents, spouse, child, or other member of the family of the latter,
or upon anyone who shall offer to prevent the publication of such libel for a compensation
or money consideration.(Article 356, Revised Penal Code, as amended by Republic Act
No. 10951)
a. Acts punished
i. By threatening another to publish a libel concerning him, or his parents, spouse, child,
or other members of his family.
ii. By offering to prevent the publication of such libel for compensation, or money
consideration. (Reyes, Vol. 2, p. 1022)
Art. 357. Prohibited publication of acts referred to in the course of official

proceedings – The penalty of arresto mayor or a fine of P40,000 to P200,000, or both,
shall be imposed upon any reporter, editor or manager of a newspaper, daily or magazine,
who shall publish facts connected with the private life of another and offensive to the
honor, virtue and reputation of said person, even though said publication be made in
connection with or under the pretext that it is necessary in the narration of any judicial or
administrative proceedings wherein such facts have been mentioned. (Article 357,
a. Elements
i. That the offender is a reporter, editor or manager of a newspaper daily or magazine.
ii. That he publishes facts connected with the private life of another.
iii. That such facts are offensive to the honor, virtue and reputation of said person. (Reyes,
Vol. 2, p. 1023)
Art. 358. Slander - Oral defamation shall be punished by arresto mayor in its maximum
period to prisión correccional in its minimum period if it is of a serious and insulting nature;
otherwise the penalty shall be arresto menor or a fine not exceeding P20,000. (Article358,
Art. 359. Slander by deed - The penalty of arresto mayor in its maximum period to prisión
correccional in its minimum period or a fine ranging from P20,000 to P100,000 shall be
imposed upon any person who shall perform any act not included and punished in this
title, which shall cast, dishonor, discredit or contempt upon another person. If said act is
not of a serious nature, the penalty shall be arresto menor or a fine not exceeding
P20,000.(Article 359, Revised Penal Code, as amended by Republic Act No. 10951)
a. Elements
i. That the offender performs any act not included in any other crime against honor.
ii. That such act is performed in the presence of other person or persons.
iii. That such act casts dishonor, discredit or contempt upon the offended party. (Reyes,
Vol. 2, p. 1028)
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Art. 360 Persons responsible for crimes against honor - Any person who shall
publish, exhibit, or cause the publication or exhibition of any defamation in writing or by
similar means, shall be responsible for the same.
Art. 361. Proof of the truth - In every criminal prosecution for libel, the truth may be
given in evidence to the court and if it appears that the matter charged as libelous is true,
and, moreover, that it was published with good motives and for justifiable ends, the
defendants shall be acquitted. Proof of the truth of an imputation of an act or omission not
constituting a crime shall not be admitted, unless the imputation shall have been made
against Government employees with respect to facts related to the discharge of their
official duties.
Art. 362. Libelous remarks - Libelous remarks or comments connected with the matter
privileged under the provisions of Article 354, if made with malice, shall not exempt the
author thereof nor the editor or managing editor of a newspaper from criminal liability.
Art. 363. Incriminating innocent person - Any person who, by any act not constituting
perjury,
shall directly incriminate or impute to an innocent person the commission of a crime,
shall be punished by arresto menor. (Article 363, Revised Penal Code, as amended by
a. Elements
i. That the offender performs an act.
ii. That by such act he directly incriminates or imputes to an innocent person the
commission of a crime.
iii. That such act does not constitute perjury. (Reyes, Vol. 2, p. 1044)
Art. 364. Intriguing against honor - The penalty of arresto menor or fine not exceeding
P20,000
shall be imposed for any intrigue which has for its principal purpose to blemish the honor
or reputation of a person. (Article 364, Revised Penal Code, as amended by Republic Act
No. 10951)
110
QUASI-OFFENSES
Art. 365. Imprudence and negligence - Any person who, by reckless imprudence, shall
commit any act which, had it been intentional, would constitute a grave felony, shall suffer
the penalty of arresto mayor in its maximum period to prisión correccional in its medium
period; if it would have constituted a less grave felony, the penalty of arresto mayor in its
minimum and medium periods shall be imposed; if it would have constituted a light felony,
the penalty of arresto menor in its maximum period shall be imposed. Any person who,
by simple imprudence or negligence, shall commit an act which would otherwise
constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and
maximum periods; if it would have constituted a less serious felony, the penalty of arresto
mayor in its minimum period shall be imposed. When the execution of the act covered by
this article shall have only resulted in damage to the property of another, the offender
shall be punished by a fine ranging from an amount equal to the value of said damages
to 3 times such value, but which shall in no case be less than P5,000.
A fine not exceeding P40,000 and censure shall be imposed upon any person, who, by
simple imprudence or negligence, shall cause some wrong which, if done maliciously,
would have constituted a light felony. In the imposition of these penalties, the court shall
exercise their sound discretion, without regard to the rules prescribed in Article 64.
a. Kinds of quasi-offenses
i. By committing through reckless imprudence any act which, had it been intentional,
would constitute a grave or less grave felony or light felony.
ii. By committing through simple imprudence or negligence an act which would otherwise
constitute a grave or a less serious felony.
iii. By causing damage to the property of another through reckless imprudence or simple
imprudence or negligence.
iv. By causing through simple imprudence or negligence some wrong which, if done
maliciously, would have constituted a light felony. (Reyes, Vol. 2, p. 1051)
b. Elements
i. Reckless imprudence
(1) That the offender does or fails to do an act.
(2) That the doing of or the failure to do that act is voluntary.
(3) That it be without malice.
(4) That material damage results.
(5) That there is inexcusable lack of precaution on the part of the offender, taking into
consideration:
111
(a) His employment or occupation;
(b) Degree of intelligence, physical conditions; and
(c) Other circumstances regarding persons, time and place.
ii. Simple imprudence

(1) That there is lack of precaution on the part of the offender.
(2) That the damage impending to be caused is not immediate or the danger is not clearly
manifest. (Reyes, Vol. 2, pp. 1054, 1062)
---------------------------------------END---------------------------------------------------------
MARK 11:24
Therefore I tell you, whatever you ask for in prayer, believe that you
have received it, and it will be yours.
112

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Guide For Criminal Law Book 2

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TABLE OF CONTENTS

Crimes and Penalties

CRIMES AGAINST NATIONAL SECURITY AND LAWS OF NATIONS

Treason is a breach of allegiance to a government, committed by a person who owes

a. Without authority therefor, enters a warship, fort, or naval or military establishment or

i.That there is a war in which the Philippines is involved;

Correspondence is communication by means of letters; or it may refer to the letters which

An alien resident may be guilty of flight to enemy country.

Modes of committing piracy

i. By attacking or seizing a vessel on the high seas or in Philippine waters;

Anti Piracy Law ( PD 532)

Offender: a pirate is any person including passenger or member of the complement of

Anti Hijacking Law ( RA 6235)

Hijacking is committed by a person who compels a change in the course or destination

Human Security Act of 2007 ( RA 9372)

Terrorism is perpetrated by a person who commits a predicate crime, which creates a

1. That the offender if a public officer or employee.

Classes of arbitrary detention:

When is there a detention?

Detention is defined as the actual confinement of a person in an enclosure, or in any

If the offender is a private person, the crime is illegal detention.

(1) The service of the notice of such order to the prisoner; or

Example of delaying release.

"Not being thereunto authorized by law."

What are the crimes known as violation of domicile?

Elements common to 3 acts

Meaning of "search" as used in this article.

By procuring a search warrant without just By exceeding his authority or by using

Validity of search warrant.

Elements common to 3 acts

A private individual cannot commit this crime.

Right to peaceful meeting is not absolute.

Preventing a religious ceremony that is to take place.

"In a place devoted to religious worship

Meaning of religious ceremonies.

"Acts notoriously offensive to the feelings of the faithful."

CRIME AGAINST PUBLIC ORDER

Art. 134. Rebellion or insurrection - The crime of rebellion or insurrection is committed

a. Distinction between rebellion and insurrection

(Reyes, Vol. 2, pp. 85-86)

i. That there be:

ii. That the purpose of the uprising or movement is either:

(1) To remove from the allegiance to said Government or its laws:

Rebellion distinguished from treason.

Persons liable for rebellion, insurrection and coup d’etat

Persons liable Penalty

Art. 137. Disloyalty of public officers or employees - The penalty of prisión

a. Acts of disloyalty punishable

a. Persons liable for sedition

Persons liable Penalty

NOTE: Scurrilous means low, vulgar, mean or foul. (Ibid., p. 111)

CRIME AGAINST POPULAR REPRESENTATION

ii. That the offender does any of the following acts:

(a) Attending the meetings of Congress or of any of its committees or subcommittees,

(1) That the offender is a public officer or employee;

b. Persons liable for illegal assembly

i. The organizers or leaders of the meeting.

Responsibility of persons merely present at the meeting

Responsibility of persons present at the meeting with unlicensed firearms

ii. He is considered a leader or organizer of the meeting. (Id.)

Kinds of illegal associations

Persons liable for illegal association

Persons liable Penalty