CRIMINAL LAW

Sheila Pusheen notes

(use at your own risk; this reviewer is highly compressed; please correct if there
are errors)

PRINCIPLES OF CRIMINAL LAW

GENERAL PRINCIPLES
– criminal law
○ branch of law, which defines crimes, treats of their nature, and provides
for their punishment
○ crime: an act committed or omitted in violation of a public law forbidding
or commanding it

Mala in se and mala prohibita

– crimes mala in se are those so serious in their effects on society as to call for
almost unanimous condemnation of its members
– crimes mala prohibita are violations of mere rules of convenience designed to
secure a more orderly regulation of the affairs of society
– as to concept
○ in crimes mala in se, there must be a criminal intent; whereas in crimes
mala prohibita, criminal intent is not necessary, it is sufficient that the
prohibited act was done
○ crimes mala in se are wrong from their very nature; whereas crimes mala
prohibita are wrong merely because they are prohibited by law
○ crimes mala in se are generally punished under the RPC; whereas crimes
mala prohibita generally involve violation of special laws
◆ even if the crime is punished under a special law, if the act punished is
one which is inherently wrong, the same is malum in se
– ex. piracy, brigandage, plunder
– note: even if a special law uses the nomenclature of the RPC, such
alone will not make the act/omission as mala in se
◆ same with crimes mala in se (Art. 220 technical malversation is mala
prohibita)
○ in crimes mala in se, mitigating and aggravating circumstances are
appreciated in imposing penalties; whereas in crimes mala prohibita, said
circumstances are not appreciated unless the special law has adopted the
scheme/scale of penalties under the RPC
– as to legal implication
○ in crimes mala in se, good faith, lack of criminal intent or negligence are
 ○
valid defenses; whereas in crimes mala prohibita, good faith and lack of
criminal intent are not valid defenses
○ in crimes mala in se, criminal liability is incurred even when the crime is
attempted or frustrated; whereas in crimes mala prohibita, criminal liability
is generally incurred only when the crime is consummated
○ in crimes mala in se, penalty is computed on the basis on whether the
offender is the principle, accomplice or accessory; whereas, in crimes
mala prohibita, penalty of offenders are the same as they are all deemed
prinicipals

Scope and characteristics

Generality
– criminal law is binding on all persons who live or sojourn in the PH territory
– regardless of their race, belief, sex, or creed (basis is NCC)
– exceptions:
G. treaties
◆ RP-US Visiting Forces Accord (VFA1)
◆ PH-US Visiting Forces Agreement (VFA2)
– PH shall exercise exclusive jurisdiction over US personnel with
respect to offenses, including offenses relating to the security of
the Philippines, punishable under the laws of the PH, but not
under the laws of the US
– US exercise exclusive jurisdiction over US personnel with respect
to offenses, including offenses relating to the security of the US,
punishable under the laws of the US, but not under the laws of PH
– concurrent jurisdiction
G. PH primarily for all other offenses committed by US personnel
H. US primarily for offenses against property or security of US or
its personnel, and offenses arising out of performance of
official duty
H. laws of preferential application
◆ RA 75
– penalizes acts which would impair the proper observance by the
Republic and its inhabitants of the immunities, rights, and
privileges of duly-accredited foreign diplomatic representatives in
the PH
I. principles of public international law
◆ well-established principle is that diplomatic representatives possess
immunity from criminal jurisdiction of the country of their sojourn and
cannot be sued, arrested or punished by the law of that country
– sovereigns and other chiefs of state
– ambassadors, ministers plenipotentiary, ministers resident,
charges dʼaffaires
 ◆ consuls, vice-consuls do not possess status of, and cannot
claim privileges and immunities accorded to ambassadors and
ministers
X. Constitution
◆ members of the Congress are not liable for libel or slander in
connection with any speech delivered on the floor of the house during
a regular or special session

Territoriality
– penal laws of the PH are enforceable only within its territory
○ territory: within the PH archipelago, its atmosphere, interior water and
maritime zones
– exceptions-RTC has jurisdiction; RPC shall be enforced outside the jurisdiction
of PH against those who:
G. should commit and offense while on a Philippine ship or airship
◆ PH ship/airship: registered with MARINA/CAAP
– citizenship of the owner is not relevant
◆ the ship/airship must be outside of PH territory (including high seas),
but not inside a foreign territory
– if a crime is committed in a ship while in a foreign sea, then laws
of such foreign country shall apply
◆ rules on foreign ships
– merchant ship/airship: PH has jurisdiction if
◆ crime is committed while ship/airship is within PH territory
◆ crime committed is not merely internal in nature
– warship: PH has no jurisdiction even if within territory; they are
considered as territory of the country to which they belong
H. should forge or counterfeit:
◆ any coin or currency note of the PH or
◆ obligations and securities issued by the PH Government
I. should be liable for acts connected with the introduction into these islands
of the obligations and securities mentioned in the preceding number
X. while being public officers or employees, should commit an offense in the
exercise of their functions
◆ offense must be committed in relation to their functions
◆ covers all crimes that may be committed by public officers (direct/
indirect bribery, frauds against public treasury, malversation,
falsification)
Y. should commit any of the crimes against national security and the law of
nations
◆ ex. treason, conspiracy and proposal to commit treason, espionage,
inciting to war, violation of neutrality, correspondence with hostile
country, flight to enemyʼs country, piracy and mutiny on the high seas
Prospectivity
– a penal law cannot make an act punishable in a manner in which it was not
punishable when committed
– Art 366: crimes are punished under the laws in force at time of commission
– exception: whenever a new statute dealing with a crime establishes conditions
more lenient or favorable to the accused
○ exception to above:
◆ when the new law is expressly made inapplicable to pending actions
or existing causes of actions
◆ when the offender is a habitual criminal
– effects of repeal
G. if repeal makes penalty lighter in the new law: new law shall be applied
(subj to exception above)
H. if new law imposes a heavier penalty: law in force at time of commission
shall be applied
I. if new law totally repeals the existing law so that the act which is
penalized is no longer punishable: crime is obliterated, no more criminal
liability

Pro reo principle

– in dubio pro reo
○ when in doubt, rule for the accused
○ accused cannot be convicted if there is doubt as to his/her guilt
– related to rule of lenity
○ whenever a penal law is to be construed or applied and the law admits of
two interpretations, one lenient to the offender and one strict to the
offender, that interpretation which is lenient or favorable to the offender
will be adopted

Interpretation of penal laws

– when the law is clear and unambiguous, there is no room for interpretation but
only for the application of the law
– if there is ambiguity:
G. penal laws are strictly construed against the State and liberally in favor of
the accused
H. in interpretation of the provisions of the RPC, the Spanish text is
controlling

Retroactive effect of penal laws

– as a general rule, penal laws are prospective in character
○ basis: Constitution, no ex post facto law shall be enacted
 – penal law may be given retroactive effect if it establishes conditions which are
more lenient or favorable to the accused
○ shall benefit accused even if at time of publication, final judgment has
been promulgated OR convict is already serving sentence
○ applicable also to special laws
– see discussion in prospectivity

FELONIES
– acts or omissions punishable by the RPC
○ act: any bodily movement tending to produce some effect in the external
world it being unnecessary that the same be actually produced, as the
possibility of its production is sufficient
○ omission: inaction, the failure to perform a positive duty which one is
bound; there must be a law requiring the doing or performance of a duty
– elements
G. that there must be an act or omission
H. that the act or omission must be punishable by the RPC
I. act is performed or the omission incurred by means of dolo or culpa

Criminal liabilities
Classification of felonies
As to means of commission
G. intentional felony/dolo
– the offender, in performing an act or incurring an omission, has intention
to cause an injury to another
◆ act is voluntary
– requisites
G. criminal intent
– purpose to use a particular means to effect such result
– intent to commit an act with malice is presumed from the proof of
commission of an unlawful act
◆ may be rebutted by evidence that the accused acted without
malice
◆ mistake of fact—a misapprehension on part of the person who
caused the injury to another; requisites as a defense:
G. act done would have been lawful had the facts been as
the accused believed them to be
H. intention of the accused in performing the act should be
lawful
I. mistake must be without fault or carelessness on the part
of the accused
– motive
◆ moving power or force which impels a person to a desired
 ◆
result
◆ not an essential element of a crime; exceptions
G. identity of accused is in dispute
H. in ascertaining the truth between 2 antagonistic versions
of the crime
I. where there are not eyewitnesses to the crime and
suspicion is likely to fall upon several persons
X. evidence is merely circumstantial
Y. act brought about variant crimes
H. freedom of action
– voluntariness on the part of the person to commit the act or
omission
– If there is lack of freedom, the offender is exempt from liability
◆ when a person acts without freedom, he is no longer a human
being but a tool
I. intelligence
– means the capacity to know and understand the consequences of
one's act
H. culpable felony/culpa
– the injury caused by the offender to another person is unintentional;
incident is without malice
◆ the act is also voluntary
◆ the only difference with intentional felony is that there is no malice in
culpable felonies
◆ defense of mistake of fact is not available
– wrongful act results from imprudence, negligence, lack of foresight or lack
of skill
◆ imprudence: deficiency of action; involves lack of skill
◆ negligence: deficiency of perception; involves lack of foresight
– requisites
G. criminal negligence
– person is imprudent, negligent or lacks foresight or skill while
doing the act or omitting to do the act
H. freedom of action
I. intelligence
I. crimes punished by special laws and ordinances
– intent to commit is not necessary
– intent to perpetrate the act prohibited by the special law is sufficient
◆ person intended to commit an act, which is by the very nature of
things, a crime itself
◆ done freely and consciously
– good faith and absence of criminal intent are not valid defenses
As to their gravity
G. grave felonies
– are those to which the law attaches the capital punishment or penalties
which in any of their periods are afflictive, in accordance with Art. 25 of
the RPC
◆ capital punishment: death penalty
◆ rules regarding afflictive penalty (RP, RT, PTAD, PTSD, PM)
– when offense is composed of 2 or more distinct penalties, the
highest must be an afflictive penalty to be considered as grave
– when penalty is composed of 2 or more periods corresponding to
different divisible penalties, the higher/maximum must be afflictive
– when penalty is composed of 2 periods of afflictive penalty OR 2
periods corresp. to different afflictive, offense is considered as
grave
– principals, accomplices and accessories are liable
H. less grave felonies
– are those which the law punishes with penalties which in their maximum
period are correctional, in accordance with Art. 25
◆ correctional (PC, AM, Suspension, Destierro)
◆ rules: same with above
– principals, accomplices and accessories are liableand accessories are
liable
I. light felonies
– are those infractions of law for the commission of which the penalty
of arresto menor or a fine not exceeding P40k or both is provided
◆ 40k and below
– ex. slight physical injuries, theft, alteration of boundary marks, malicious
mischief, intriguing against honor
– principals and accomplices are liable
– punishable only when consummated
◆ except: light felonies against persons or property (punishable in
attempted/frustrated stages)

Aberratio ictus, error in personae, and praeter intentionem

– criminal liability shall be incurred by any person committing a felony (delito)
although the wrongful act be different from that which he intended
○ one is not relieved from liability merely because one does not intend to
produce such consequences
– requisites:
G. that an intentional felony has been committed
◆ felony must be intentional/dolo
◆ not covered by any of the justifying circumstances
◆ ex. attempting to commit suicide is not a felony
 H. the wrong done to the aggrieved party be the direct, natural and logical
consequence of the felony committed by the offender
◆ still liable if injury is aggravated by infection, provided there is
offended party did not do any malicious act
– offended party is not obliged to submit to medical treatment to
relieve the accused from natural and ordinary results of the crime
◆ proximate cause—that cause, which, in natural and continuous
sequence, unbroken by any efficient intervening cause, produces the
injury, and without which the result would not have occurred
– ff are not efficient intervening causes (accuseds act is still the
P.C.)
G. weak or diseased physical condition of the victim
H. nervousness or temperament of the victime
I. causes inherent to the victim
X. neglect of victim or third person
Y. erroneous or unskillful medical or surgical treatment
– no felony if:
G. there is an active force that intervened between the felony
committed and the resulting injury; active force is a distinct
act or absolutely foreign from the act of accused
H. injury is due to the intentional act of the victim
– causes which may produce a result different from that which the offender
intended (OFFENDER STILL LIABLE):
G. Aberratio ictus or mistake in the blow
◆ the offender intending to do an injury to 1 person actually inflicts it on
another
◆ a person directed the blow at an intended victim, but because of poor
aim, that blow landed on somebody else
◆ the intended victim and actual victim are both at the scene of the
crime
H. Error in personae or mistake in the identity of the victim
◆ offender intends the injury on one person but the harm fell on another
◆ victim actually received the blow, but he was mistaken for another
who was not at the scene of the crime
– the intended victim must not be at the scene of the crime
◆ may or may not mitigate the crime
I. Praeter intentionem or the injurious result is greater than that intended
◆ the injury is on the intended victim but the resulting consequence is
so grave a wrong than what was intended
◆ there is a notable disparity between the means employed or the act of
the offender and the felony which resulted
◆ mitigating circumstance
Impossible crimes
– criminal liability shall be incurred by any person performing an act which
would be an offense against persons or property, were it not for the inherent
impossibility of its accomplishment or on account of the employment of
inadequate or ineffectual means
– requisites
G. act performed would be an offense against persons or property
◆ performed all acts to consummate, but felony should not be actually
committed
– if committed, there is no impossible crime to speak of
◆ felonies against persons
– parricide, murder, homicide, infanticide, abortion, duel, physical
injuries, rape
◆ felonies against property
– robbery, brigandage, theft, usurpation, culpable insolvency,
swindling and other deceits, chattel mortgage, arson and other
crimes of destruction, malicious mischief
H. act was done with evil intent
◆ must have intent to do an injury to another
I. accomplishment is inherently impossible or means employed is either
inadequate or ineffectual
◆ inherently impossible
– under any and all circumstances, the crime could not have
materialized
– kinds
G. legal impossibility–occurs where the intended acts, even if
completed would not amount to a crime
– ex. killing a dead person; stealing a property that is
actually belonging to the thief
H. physical impossibility–occurs where extraneous
circumstances unknown to the accused prevent the
consummation of the intended crime
– ex. pick pocketing an empty wallet; firing at a house to kill
the victim, but he wasnt there inside
◆ means employed is either inadequate or ineffectual
– if means is adequate, but result is not produced: not impossible,
but frustrated felony
X. act performed should not constitute a violation of another provision of
RPC
– penalty: arresto mayor or a fine ranging from P200-P500
– difference with attempted/frustrated: crime has possibility of accomplishment
AND accomplishment is only prevented by a certain cause/accident which the
offender has no part
Stages of execution
– development of a crime
G. internal acts
◆ mere ideas in the mind of a person
◆ not punishable, even if had they been carried out, they would
constitute a crime
◆ mere intention producing no effect is not a crime
H. external acts
◆ preparatory acts
– those that do not have a direct connection with the crime which
the offender intends to commit
– generally not punishable
◆ ex. proposal and conspiracy to commit a felony
– punishable only when law specifically provides a penalty
therefor (see HO persons liable and degree of partcp.)
◆ ex. possession of picklocks Art. 304
◆ acts of execution
– attempted, frustrated, consummated stages
– punishable under the RPC
– phases of a felony
G. subjective phase
◆ that portion of execution starting from the point where the offender
begins, up to that point where he still has control over his acts,
including their natural course
H. objective phase
◆ offender has no more control over his acts
◆ results of the acts of execution, that is, the accomplishment of the
crime
– classification according to stages of execution
G. attempted felony
◆ there is an attempt when the offender commences the commission of
a felony directly by overt acts, and does not perform all the acts of
execution which should produce the felony, by reason of some cause
or accident other than his own spontaneous desistance
◆ offender never passes the subjective phase of felony
◆ requisites
G. offender commences the commission of the felony directly by
overt acts
– overt act: some physical activity or deed, indicating the
intention to commit a particular crime
◆ not merely preparatory acts
– only those who personally/directly executes the overt act may
 –
be guilty of attempted felony
H. he does not perform all the acts of execution which should
produce the felony
– there must be something remaining for offender to do to
complete all acts of execution
I. offenderʼs act is not stopped by his own spontaneous desistance
– if offender is stopped by his own desistance, there is no
felony
◆ should be made before performance of all acts of
execution
◆ in reference to crime intended, not to crime actually/
already committed (intended to kill, shoots but missed,
victim pleas, desists from shooting: still liable for grave
threats)
X. non-performance of all acts of execution was due to cause or
accident other than his spontaneous desistance
H. frustrated felony
◆ felony is frustrated when the offender performs all the acts of
execution which would produce the felony as a result, but which
nevertheless do not produce it by reason of causes independent of
the will of the perpetrator
◆ offender has reached the objective phase of the felony
◆ requisites
G. offender performs all the acts of execution
– performed last act necessary to produce the crime
H. all acts performed would produce the felony as a consequence
– in crimes against persons, which require victim to die to
consummate the felony, it is necessary for the frustration of
the same that a mortal wound is inflicted
I. but the felony is not produced
– if produced, consummated
X. by reason of causes independent of the will of the perpetrator
– ex. intervention of third persons
I. consummated felony
◆ felony is consummated when all the acts necessary for its
accomplishment and execution are present
◆ offender has reached the objective phase of the felony
◆ all elements necessary for its execution and accomplishment must be
present
– when a felony has 2 or more elements, and one of them is not
proven, it is either
G. felony is not consummated
H. felony is not shown to have been committed
 I. another felony is shown to have been committed
– things to consider to determine the stage of execution
○ nature of offense
◆ ex. arson—not necessary that property is totally destroyed by fire;
consummated even if only a portion of property is burned
○ elements constituting the felony
◆ ex. theft—consummated when the thief is able to take or get hold of
the thing belonging to another; not necessary that he is able to carry it
away
– no frustrated theft
◆ estafa—consummated when the offended party is actually damaged/
prejudiced
◆ robbery by force upon things—offender must enter the building, and
he must be able to carry out of the building the thing taken
◆ robbery with violence against or intimidation—consummated when
offender gets hold of the thing AND/OR is in a position to dispose of it
freely
◆ murder, homicide, parricide—intent to kill
○ manner of committing the same
G. formal crimes—only has a consummated stage
◆ ex. slander, false testimony, sale of drugs
H. consummated by mere attempt, proposal, or overt act
◆ ex. flight to enemyʼs country, corruption of minors
I. felony by omission
X. crimes requiring intervention of 2 persons to commit—consummated
by mere agreement
◆ ex. betting in sport contests, corruption of public officer
Y. material crimes—there are 3 stages of execution
◆ ex. homicide, rape

Continuing crimes
– a single crime, consisting of a series of acts but arising from one criminal
resolution
○ offender is impelled by a single criminal impulse
○ but committed a series of acts
○ at about the same time
○ in about the same place, and
○ all the overt acts violate one and the same provision of law
◆ not continuing if: offender uttered defamatory words, thereafter
inflicted slight physical injuries to victim (2 crimes committed)
– real and material plurality—each act is generated by a criminal
impulse
– not a complex crime
 ○ offender does not perform a single act
○ one offense is not a necessary means for committing the other
– only one penalty is imposed
○ not complex crime, so no maximum period
– different from transitory crime
○ this term used in criminal procedure to determine venue
– ex. taking of 6 roosters from a coop; misappropriation of collected payments
from different persons; 8 robberies as part to commit robbery against all
houses in the sugar mill; sending of letters on different dates for demand of
money with same threat to kill and burn the offended partyʼs house

Complex crimes and composite crime

Complex crimes
– a kind of plurality of crime (formal/ideal)
– exists when 2 or more crimes are committed but they constitute only 1 crime
in the eyes of the law
– there is only one criminal intent; hence, only 1 penalty is imposed
– kinds
G. compound crime—a single act constitutes 2 or more grave or less grave
felonies
◆ requisites
G. only a single act is performed by the offender
H. single act produces either
– 2 or more grave felonies
– 1 or more grave AND 1 or more less grave felonies
– 2 or more less grave felonies
◆ if several light offenses: not complexed, separate crimes
◆ light offenses are absorbed in crimes committed by force
or violence
◆ excludes crimes punished by special laws
◆ ex.
– single act of firing and same bullet caused the death of 2 persons:
2 grave felonies (homicide), compound crime
– rape caused injuries which required medical attention for 20 days:
1 grave, 1 less grave felony (rape, less serious phy inj.), compound
◆ rape with homicide, not governed by this provision
– justice of the peace was stabbed incapacitating him to work for
more than 30 days: 2 less grave felonies (direct assault, serious
physical injuries), compound
– killing of victim caused death of her fetus: 2 grave felonies
(murder, abortion), compound
– when acts resulted from a single criminal impulse, individual acts
done give rise to a single offense (Lawas case/only applies when
 –

there is no evidence to show # of persons killed by each of

defendants/not applicable if there is conspiracy)
◆ ex. of not compound crime
– deaths caused by firing a machine gun are separate offenses; act
of pressing tigger is not one which produced the felony, it is the
number of bullets actually produced
– killing of one person after another is considered as a distinct
offense
– four fatal gunshot wounds on 2 persons as consequences of 2
volleys of gunshot are considered 2 distinct offenses
– no crime of arson with homicide
H. complex crime proper—when an offense is the necessary means for
committing the other
◆ requisites
G. at least 2 offenses are committed
H. 1 or some of the offenses must be necessary to commit the other
– does not mean indispensable
– only to facilitate and insure the commission of the other crime
– must have a single purpose
– when in the definition of felony, one is means to commit the
other, no complex crime
◆ murder by means of fire or explosion Art 248 (fire/
explosion may be a crime of arson/destruction by itself)
◆ trespass to dwelling is considered only as aggravating
when used to commit a graver offense
– when one is committed to conceal the other, no complex
crime; 2 separate offenses
– common offenses absorbed in the crime of rebellion (murder,
arson, robbery, other common crimes)
I. both or all the offenses must be punished under the same statute
– use of unlicensed firearm in murder/homicide is a special
aggravating circumstance
◆ ex.
– falsification of a public document as necessary xmeans to commit
malversation of public funds
– forcible abduction with rape
◆ subsequent acts of rape after abduction are separate
offenses and cannot be complexed with abduction
– rules above should only apply to cases where RPC does not provide a definite
specific penalty for a complex crime
– single information only; court of higher jurisdiction shall try the crime
○ if complex crime is charged, but one crime is not proven, defendant may
be charged on the other
 – penalty is for the graver offense, imposed in the maximum
○ if imprisonment and fine, the penalty with imprisonment should be
imposed even if the penalty with fine is the graver one

Composite crimes
– commonly known as special complex crimes
– also a kind of plural crime (formal)
– one in which the substance is made up of more than one crime, but which, in
the eyes of the law, is only a single indivisible offense
○ law specifically fixes a single penalty for 2 or more offenses committed
○ component crimes are not regarded as distinct crimes
– ex.
○ robbery with homicide
○ robbery with rape
○ robbery with physical injuries
○ robbery with arson
○ kidnapping with serious physical injuries
○ kidnapping with murder or homicide
○ kidnapping with rape
○ rape with homicide
○ qualified piracy (accompanied by murder, homicide, physical injuries,
rape)

Circumstances affecting criminal liability

Justifying circumstances
– those where the act of a person is said to be in accordance with law, so that
such person is deemed not to have transgressed the law, and is free from both
criminal and civil liability
○ except: #4, civil liability is borne by persons benefitted
– burden of proof: accused
– following do not incur any criminal liability
G. defense of his person or rights (self-defense)
◆ requisites
G. unlawful aggression
– elements
G. must be physical or material attack
◆ physical force/actual use of weapon
H. attack or assault must be actual, or, at least, imminent
◆ to oneʼs life, limb or right
I. attack or assault must be unlawful
– must come from the person injured or killed
– must still exist when the aggressor was injured/disabled by
person making the defense
 ◆ in retaliation, aggression already ceased to exist
◆ injury must be simultaneous with the attack of the
aggressor, or succeeded each other without appreciable
interval of time
H. reasonable necessity of the means employed to prevent or repel it
– elements
G. means were used to prevent or repel
H. means must be necessary and there is no other way to
prevent or repel it
I. means must be reasonable – depending on the
circumstances, but generally proportionate to the force of
the aggressor
– factors to determine reasonableness
◆ nature and quality of the weapon used by the aggressor
◆ physical condition, character, size and other
circumstances of both the offender and defender
◆ place and occasion of the assault
I. lack of sufficient provocation on the part of the person defending
himself
– no provocation at all was given to aggressor by the person
defending himself
◆ even if provocation was given by the person defending,
there is lack if:
– it was not sufficient
– it was not the proximate and immediate to the act of
aggression
– sufficient: proportionate to the damage caused by the act,
and adequate to stir one to its commission
◆ battered woman syndrome
– a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a
result of cumulative abuse
– victim-survivors who are found by the courts to be suffering from
battered woman syndrome do not incur any criminal or civil
liability notwithstanding the absence of any of the elements for
justifying circumstances of self-defense (RA 9262)
– who can avail
G. wife
H. former wife
I. a woman with whom the person has or had a sexual or dating
relationship
X. a woman with whom he has a common child, or against her
child whether legitimate or illegitimate, within or without the
 X.

family abode
– SC: defense should prove all 3 phases of cycle of violence
characterizing the relationship of the parties
◆ tension building phase
◆ acute battering incident
◆ tranquil, loving (or at least non-violent) phase
H. defense of person or rights of relatives
◆ requisites
G. unlawful aggression
H. reasonable necessity of the means employed to prevent or repel it
I. in case the provocation was given by the person attacked, the
person making a defense had no part therein
◆ relatives covered
– spouse
– ascendants
– descendants
– legitimate, adopted brothers and sisters, or relatives by affinity in
the same degree
– relatives by consanguinity within the 4th civil degree
◆ motive is relative
I. defense of person or rights of a stranger
◆ requisites
G. unlawful aggression
H. reasonable necessity of the means employed to prevent or repel it
I. person defending be not induced by revenge, resentment or other
evil motive
◆ all persons not included above
X. avoidance of a greater evil or injury
◆ also called as state of necessity
◆ requisites
G. evil sought to be avoided actually exists
H. injury feared be greater than that done to avoid it
I. there be no other practical and less harmful means of preventing
it
– damage caused was deliberate on part of person invoking
X. there must be no contribution on the part of the accused what
caused the vill to arise
– must not have been brought about by the negligence or
imprudence by the one invoking
◆ person benefitted shall be civilly liable in proportion to benefit they
have received
Y. fulfillment of a duty or lawful exercise of right or office
◆ requisites
 G. accused acted in the performance of a duty or in the lawful
exercise of right or office
H. injury or offense committed be unavoidable or the necessary
consequence of due performance of duty
m. obedience to a lawful order of a superior
◆ requisites
G. an order has been issued by a superior
H. such order must be for some lawful purpose
– if order is illegal, cannot be invoked
– except, if subordinate
◆ acted upon the compulsion of an irresistible force
◆ acted under the impulse of an uncontrollable fear
I. means used by the subordinate to carry out the order is lawful

Exempting circumstances
– grounds for exemption from punishment because there is wanting in the agent
of the crime any of the conditions which make the act voluntary or negligent
– there is a crime committed, but no criminal liability
– still civilly liable
○ except #4 and 7
– ff. are exempted from criminal liability
G. imbecile or insane person, unless he/she acted during lucid interval
◆ imbecile: one who, while advanced in age, has a mental development
comparable to that of children between 2-7 years
– no lucid interval
– exempt in all cases
◆ insanity: when there is a complete deprivation of intelligence in
committing the act
– presupposes that the accused was completely deprived of reason
or discernment and freedom of the will at the time of commission
of the crime
– with lucid interval
– not exempt if shown that acted during lucid interval
◆ presumption in favor of sanity; defense must prove that accused was
insane at the time of commission of the crime
– if insane during trial/judgment/service of sentence: proceedings/
execution shall be suspended
H. child 15 yrs of age or under
◆ basis: RA 9344
◆ child shall be subj to community-based intervention program
I. person who is 16-17 yrs of age
◆ child shall be subj to community-based intervention program
◆ unless he has acted with discernment
 – mitigating circumstance
– child shall be subject to a diversion program
– discernment: mental capacity to understand the difference
between right and wrong including the capacity to fully appreciate
the consequences of his unlawful act
◆ manifested through manner of committing the crime/conduct
of offender
X. any person who, while performing a lawful act with due care, causes an
injury by mere accident, without the fault or intention of causing it
◆ requisites
G. the act causing the injury be lawful
– not only by law but also by regulations
H. that it be performed with due care
– if negligent/imprudent, cannot be invoked
I. that the injury be caused by mere accident
– accident: something that happens outside the sway of the will
X. that there be no fault of intention to cause the injury
– exempt from criminal liability but person who caused the
injury is duty bound to attend to the person who was injured
◆ if not all are present, act shall be considered as reckless/simple
imprudence
Y. any person who acts under the compulsion of an irresistible force
◆ irresistible force: degree of force which is external or physical which
reduces the person to a mere instrument and the acts produced are
done without and against his will
◆ requisites
G. compulsion is by means of physical force
H. physical force must be irresistible
– must be present, imminent, impending
– must induce a well-grounded apprehension of death or
serious bodily harm if act is done
I. physical force must come from a third person
m. any person who acts under the impulse of an uncontrollable fear of an
equal or greater injury
◆ uncontrollable fear
– threat, which causes the fear, is of an evil greater than or at least
equal to that which he is required to commit
– promises an evil of such gravity and imminence that the ordinary
man would have succumbed to it
◆ requisites
G. existence of an uncontrollable fear
– of such character as to leave no opportunity to escape or
self-defense in equal combat
 H. fear must be real and imminent
I. fear of an injury is greater than or equal to that committed
◆ still civilly liable
n. any person who fails to perform an act required by law, when prevented by
some lawful or insuperable cause
◆ insuperable cause: some motive which has lawfully, morally, or
physically prevented a person to do what the law commands
◆ applies to felonies by omission
◆ requisites
G. act is required by law to be done
H. person fails to perform such act
I. failure to perform was due to some lawful or insuperable cause

Mitigating circumstances
– those which, if present in the commission of the crime, do not entirely free the
actor from criminal liability
○ serves only to reduce the penalty
– circumstances must be present prior to or simultaneously with the commission
of the offense
○ except #7
– if arising from same sets of facts, #4, 5, 6 cannot be given simultaneously
(only 1 of them)
○ except if they arise from different sets of facts, may be appreciated
together
– classes
G. ordinary mitigating
◆ can be offset by aggravating circumstances
◆ if not offset, will operate to reduce the penalty to the minimum period
(divisible penalty only)
H. privileged mitigating
◆ can never be offset by aggravating circumstances
◆ operates to reduce the penalty by 1-2 degrees, depending upon the
law
◆ examples
– when offender is under 18 yrs
– crime committed is not wholly excusable (A.69)
◆ #1 below
– when there are 2 or more mitigating circumstances and no
aggravating circumstances (A.64)
– voluntary release of person illegally detained within 3 days without
offender attaining his purpose and before institution of criminal
action
– abandonment without justification by the offended spouse in case
 –
of adultery
– concealing dishonor in case of infanticide
– ff. circumstances mitigate criminal liability
G. incomplete justifying/exempting circumstance
◆ privileged mitigating
◆ requisites
G. some of the conditions required to justify the deed or to exempt
from criminal liability are lacking
H. majority of such conditions are present
◆ if less than majority, only entitled to an ordinary mitigating
circumstance
I. when the circumstance has an indispensable element, that
element must be present
◆ ex. in self-defense, unlawful aggression must be present
– if only this is present, only ordinary mitigating
◆ not applicable in exempting circumstances of insanity #1 and accident
#4
H. offender is under 18 or over 70 yrs old
◆ covered (age at the time of the commission of the crime)
– over 15 but under 18, who acted with discernment
– over 70
I. offender had no intention to commit so grave a wrong as that committed
◆ also known as praeter intentionem
◆ there must be a notable and evident disproportion between the means
employed by the offender compared to that of the resulting felony
– if result could be expected from the means, cannot be availed of
◆ ex. the victim was gripping on the handle bar of jeep, when
the accused boxed him, causing the victim to fall and die
– it is expected that one shall fall when one does acts to
make one lose grip
◆ intent of offender at the particular moment of execution or
commission of the criminal act must be ascertained
– factors
◆ weapons used
◆ part of the body injured
◆ injury inflicted
◆ manner inflicted
◆ not applicable in
– felonies by negligence
– employment of brute force
– anti-hazing law
X. sufficient provocation or threat on the part of offended party immediately
preceded the act
 ◆ provocation: any unjust or improper conduct or act of the offended
party, capable of exciting, inciting or irritating anyone
◆ requisites
G. provocation must be sufficient
◆ threat must not be offensive and positively strong
– if so, becomes unlawful aggression
– in self-defense, sufficient provocation must be ABSENT
on part of the person defending him/herself
H. it must originate from the offended party
◆ crime must be done to the offended party; not to others
– ex. if provocation came from A, the accused cannot
invoke this if he commits the offense against B
I. it must be immediate to the act
◆ if there is a finding that at the time the offender committed
the crime, he is still suffering from the outrage of the threat/
provocation done to him, still mitigating if there was material
lapse of time from the threat/provocation
Y. act was committed in immediate vindication of a grave offense
◆ requisites
G. grave offense has been done to:
◆ one committing the felony
◆ his spouse
◆ ascendants
◆ descendants
◆ legitimate, natural or adopted brothers or sisters, or
◆ relatives by affinity within the same degrees
H. felony is committed in vindication of such grave offense
◆ “offense” not to be construed as equivalent to crime
◆ grave offense was the proximate cause of the commission
◆ lapse of time is allowed between the vindication and the doing of the
grave offense
m. passion or obfuscation
◆ passion and obfuscation: refer to emotional feeling which produces
excitement so powerful as to overcome reason and self-control
– must come from prior unjust or improper acts
– must emanate from legitimate sentiments
◆ requisites
G. that there be an act, both unlawful and sufficient to produce such
a condition of mind
H. said act which produced the obfuscation was not far removed
from the commission of the crime by a considerable length of
time, during which the perpetrator might recover his normal
equanimity
 ◆ need not be immediate; only required that influence lasts until
the moment of commission of the crime
◆ may be used as exempting under A.247, if injury is other than serious
physical injury or killing
n. voluntary surrender and confession of guilt
◆ voluntary surrender to a person in authority or his agents
– requisites
G. offender has not been actually arrested
◆ issuance of warrant of arrest is immaterial and irrelevant
H. surrender was made to a person in authority/latterʼs agent
◆ person in authority: one directly vested with jurisdiction
◆ agent: 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, and any
person who comes to the aid of persons in authority
I. surrender was voluntary
◆ spontaneous, demonstrating intent to submit himself
unconditionally because either
– he acknowledges his guilt
– he wishes to save them the trouble and expense
necessarily included for his search and capture
◆ voluntary confession of guilt before the court prior to the presentation
of evidence for the prosecution
– requisites
G. offender spontaneously confessed his guilt
◆ confession must be unconditional
◆ accused must admit the offense charged
H. it was made in open court
◆ competent court to try the case
I. it was made prior to the presentation of evidence for the
prosecution
– not mitigating in culpable felonies and crimes punished by special
laws
◆ when both are present: 3 independent mitigating circumstances
q. physical defect
◆ must have a relation to the commission of the crime
◆ requisites
G. offender is deaf and dumb, blind or otherwise suffering from some
physical defect
H. such physical defect restricts his means of action, defense, or
communication with his fellow beings
r. illness of the offender
 ◆ requisites
G. illness of the offender must diminish the exercise of will power
H. such illness should not deprive the offender the consciousness of
his acts
– if illness also deprives consciousness, becomes exempting
circumstance (insanity/imbecility)
Gs. similar and analogous circumstances
GG. humanitarian reasons (Jarillo vs People: woman found guilty of bigamy,
mitigated by SC, her marriage was declared later on as null and void)

Aggravating circumstances
– those which, if attendant in the commission of the crime, will
○ serve to have the penalty imposed in its maximum period provided by law
for the offense, or
○ change the nature of the crime
– must be alleged in the information or complaint (ROC)
– kinds
G. generic aggravating
◆ those that can generally apply to almost all crimes
◆ can be offset by an ordinary mitigating circumstance
◆ ex.
– dwelling
– recidivism
– in consideration of price, reward, promise
– night time
H. specific aggravating
◆ those that apply only to particular crimes
◆ ex.
– cruelty (crimes against persons)
– treachery (crimes ag. persons)
– victim is offenderʼs parents, ascendants, guardians, curators,
teachers or persons in authority (less serious physical injuries)
– unlicensed firearms (robbery in band)
– abuse of authority or confidential relations by guardians or
curators (seduction, rape, acts of lasciviousness, white slavery,
corruption of minors)
– positive finding of use of dangerous drugs (RA 9165)
I. qualifying
◆ those that change the nature of the crime
◆ cannot be offset by an ordinary mitigating circumstance
◆ can be offset by privileged mitigating circumstance
◆ when more than 1 qualifying aggravating circumstance is present, one
them shall be appreciated as qualifying, while others will be
 ◆

considered as generic
◆ ex.
– by means of poison
– with the aid of armed men
– treachery (homicide>murder)
– grave abuse of confidence (theft>qualified theft)
X. inherent
◆ those that must necessarily accompany the commission of the crime
◆ ex.
– abuse of public office (bribery)
– breaking of wall or unlawful entry into a house (robbery with use
of force upon things)
– fraud (estafa)
– deceit (simple seduction)
– ignominy (rape)
– evident premeditation (robbery, estafa)
– disregard of respect due the offended party on account of rank
(direct assault)
– cruelty (mutilation)
Y. special aggravating
◆ those that cannot be offset by an ordinary mitigating circumstance
◆ has the result of imposing the penalty in the maximum period
◆ ex.
– quasi-recidivism
– complex crime
– taking advantage of public position
– membership in an organized or syndicated crime group
– use of a loose firearm when inherent in the commission of the
crime
– ff. circumstances aggravate criminal liability
G. advantage taken of public position
◆ special aggravating
◆ not applicable if when taking advantage is an integral element of the
crime
◆ public officer must have
– abused his public position, or
– at least, use of the same facilitated the commission of the offense
◆ used his influence, prestige, ascendancy
H. contempt or insult to public authorities
◆ requisites
G. the public authority is engaged in the exercise of his functions
◆ public authority=persons in authority
◆ teachers, professors and persons in charge of supervision of
 ◆
educational institutions, lawyers
– only persons in authority only for purposes of direct
assault and simple resistance
◆ must be in actual performance of their professional
duties or on occasion of such performance
H. such public authority is not the person against whom the crime is
committed
I. offender knows him to be a public authority
◆ essential
X. presence of public authority has not prevented the offender from
committing the crime
I. disregard of age, sex, or dwelling of the offended party
◆ means of commission
G. with insult or in disregard of the respect due to the offended party
on account of his rank, age, sex
◆ only applies to crimes against honor/person
◆ when cannot be appreciated
G. offender acted with passion or obfuscation
H. there exists a relationship between offender and offended
party
I. condition of being a woman is indispensable element
◆ accused deliberately intended to insult/offend sex, age, rank
of offended party
– rank: official, civil, or social position or standing
◆ there must be a different in the social condition of
offended and offender
– age
◆ applies where victim is of tender age or is of old age
– sex
◆ refers to female sex
H. in the dwelling of the offended party, if the latter has not given
sufficient provocation
◆ dwelling: building or structure exclusively used for rest or
comfort, which includes temporary dwelling dependencies,
foot of the staircase and enclosure of the house
– dwelling not domicile
◆ not appreciated when
G. owner of dwelling gave sufficient and immediate
provocation
H. offender and offended party are occupants of the same
house
◆ except: adultery in the conjugal dwelling
◆ if one of dwellers become a paramour, proper agg.
 ◆
circumstance is abuse of confidence
I. crime of robbery by use of force upon things
X. crime of trespass to dwelling
Y. victim is not a dweller
m. not absorbed in treachery
◆ considered independent from each other; but if all are present, have
the weight of 1 agg. circumstance only
X. abuse of confidence and obvious ungratefulness
◆ abuse of confidence
– requisites
G. offended party had trusted the offender
◆ confidence is immediate and personal
H. offender abused such trust by committing a crime against the
offended party
I. abuse of confidence facilitated the commission of the crime
◆ accused made use of such a relationship to commit the
crime
– inherent in the ff; not aggravating
G. malversation
H. qualified theft
I. estafa by conversion or misappropriation
X. qualified seduction
◆ obvious ungratefulness
– requisites
G. offended party had trusted the offender
H. offender abused such trust by committing a crime against the
offended party
I. act be committed with obvious ungratefulness
◆ clear and manifest ingratitude
Y. palace and places of commission of offense
◆ must have been purposely sought by accused as place of commission
of crime
– not merely accidental or incidental circumstance
◆ places of commission
– palace of the Chief Executive
◆ not necessary that CE is engaged in his official functions
◆ offender must aware of the presence of the CE
– in his presence
– where public authorities are engaged in the discharge of their
duties
◆ they must be actually in the discharge of their duties
◆ offended party may or may not be the public authority
◆ not agg. in direct assault (absorbed)
 – in a place dedicated to religious worship
◆ regardless whether religious functions are being held
◆ must be public religious worship; not private chapels
m. nighttime, uninhabited place or band
◆ considered independently from each other; if all present, counted as
ONE agg. circumstance only
◆ when aggravating
G. it facilitated the commission of the crime
H. it is especially sought for by the offender to ensure the
commission of the crime
◆ especially sought: in order to realize the crime with ease
I. offender took advantage thereof for the purpose of impunity
◆ impunity: prevents the offender from being recognized or to
secure himself against detection or punishment
◆ nighttime: period from after sunset to sunrise, from dusk to dawn
– commission of the crime was commenced and completed at
nighttime
– the moment the scene of crime has been illuminated by any light
(NOT AGG. ANYMORE)
– nighttime is generally absorbed in treachery
◆ except where treachery and nocturnity were deliberately
decided upon, considered separately if have diff. factual
bases
◆ uninhabited place: where there are no houses at all, a place at a
considerable distance from town or where the houses are scattered at
a great distance from each other
– test: whether or not in the place of commission of the offense,
there was reasonable possibility of the victim receiving some help
◆ not determined by the distance of the nearest house to the
scene
– took advantage or purposely availed of
◆ to an easy and uninterrupted accomplishment of their criminal
designs
◆ to insure concealment of the offense
◆ by a band: at least 4 armed malefactor acting together
– all must be armed
– all must take a direct part in the execution of the act constituting
the crime
◆ not merely principals by inducement
– considered only crimes against property and persons
◆ inherent in brigandage
◆ absorbs abuse of superior strength and use of firearms
– if 2 or more falls under the definition of an organized or
 –
syndicated crime group, becomes special agg.
n. on occasion of calamity or misfortune
◆ calamity: conflagration, shipwreck, earthquake, epidemic or other
similar conditions of stress
◆ debased form of criminality met in one who, in the midst of a great
calamity, instead of lending aid to the afflicted, adds to their suffering
by taking advantage of their misfortune
q. aid of armed men, or persons who insure or afford impunity
◆ requisites
G. armed men or persons took part in the commission of the crime,
directly or indirectly
– at least 2 armed men (includes women)
◆ if there are 4 armed men, this is absorbed in employment
by a band
– arms not limited to firearms
– they must only act as accomplices only
◆ if they acted in same purpose as the accused, they are to
be regarded as co-principals/co-conspirators
H. accused availed himself of their aid or relied upon them when the
crime is committed
– casual presence of armed men where the crime is committed
is not sufficient
– actual aid is not necessary to be done; only impt if offender
relied on their aid
◆ not applicable if attacking party and offended party were equally
armed
r. recidivist
◆ one who, at the time of of his trial for 1 crime shall have been
previously convicted by final judgment of another crime embraced in
the same title of the RPC
◆ generic agg. circumstance; only affects periods of penalty
– except: prostitution, gambling (increases penalties by degrees)
◆ requisites
G. the offender is on trial for an offense
◆ everything until after sentence is announced by judge in open
court
H. he was previously convicted by final judgment of another crime
◆ not subject to prescription
I. both the 1st and 2nd offense are embraced in the same title of the
RPC
◆ if both offenses are committed on the same date/judgments
on same day (considered only as 1)
◆ not affected by pardon (only affects penalty)
 – except when accused has already served out his sentence, and
was subsequently extended pardon
◆ affected by amnesty
◆ if offender is also a habitual delinquent, recidivism can be separately
taken into consideration for imposition of penalty
Gs. reiteracion
◆ requisites
G. accused is on trial for an offense
H. accused previously served his sentence:
◆ for another crime to which the law attaches an equal or
greater penalty, or
– penalty attached, not actually imposed
◆ for 2 or more crimes to which it attaches lighter penalty than
that for the new offense
– penalty attached, not actually imposed
I. he is convicted of the new offense
◆ must not be embraced in the same titles of the RPC
GG. price, reward or promise
◆ requisites
G. there must be at least 2 principals
◆ by inducement
◆ by direct participation
H. price, reward or promise should be previous to and in
consideration of the commission of the criminal act
◆ must be the primary reason/primordial motive for its
commission
GH. by means of inundation, fire, poison, explosion, stranding of a vessel or
intentional damage thereto, derailment of a locomotive, or by the use of
any other artifice involving great waste or ruin
◆ must be used by offender as a means to accomplish the criminal
purpose
◆ not aggravating if inherent in the crime (arson)
◆ if concurs with other aggravating circumstance, shall only be
considered as generic agg. only
◆ rules as to use of fire
G. intent was to burn, but death occurred: arson, penalty higher
H. used as means to kill: murder
I. intention to kill, fire was used to conceal the crime: arson and
murder
GI. evident premeditation
◆ implies a deliberate planning of the act before executing it
– execution must be preceded by cool thought and reflection upon
the resolution to carry out the criminal intent during the space of
 –

time sufficient to arrive at a calm judgment

◆ applies only crimes against persons
◆ requisites
G. the time when the offender determined to commit the crime
(determination)
H. an act manifestly indicating that the culprit has clung to his
determination (preparation)
I. a sufficient lapse of time between the determination and
execution, to allow him to reflect upon the consequences of his
act and to allow his conscience to overcome the resolution of his
will (time)
◆ absorbed in treachery
◆ not appreciated in error in personae and aberratio ictus
– negates deliberate planning/determination
– except if:
G. no particular intended victim
H. victim belonged to the same class or family designated by the
accused
GX. craft, fraud or disguise
◆ must have facilitated or be taken advantage of
◆ not necessary that accused was able to hide identity throughout the
commission of the crime; only during the initial stage
◆ definitions
– craft: involves intellectual trickery and cunning on the part of the
accused in order not to arouse the suspicion of the victim
– fraud: insidious words or machinations used to induce the victim
to act in a manner which enables the offender to carry out his
design
– disguise: resorting to any device to conceal identity
◆ craft/fraud may be absorbed in treachery (if deliberately adopted as
means/method)
GY. superior strength or means to weaken the defense
◆ abuse of superior strength
– use of purposely excessive force out of proportion with the means
of defense available to the person attacked
– requisites
G. that there be notorious inequality of forces between the
offender and the offended party in terms of their age, size,
and strength
◆ superiority in number≭superiority in strength
H. the offender took advantage of this inequality of forces to
facilitate the commission of the crime
◆ means to weaken defense
 – exists when the offended partyʼs resisting power is materially
weakened
– only applicable in crimes against persons, or persons and
property (robbery w/ homicide)
– may be absorbed in treachery
– requisites
G. means were purposely sought to weaken the defense of the
victim to resist the assault
H. means used must not totally eliminate possible defense of the
victim
◆ if so, falls under treachery
Gm. treachery
◆ alevosia: employment of means, method, or form in the commission of
the crime against person which tend directly and specially to insure its
execution without risk to himself arising from the defense which the
offended party might make
– essence—suddenness, surprise and lack of expectation that the
attack will take place
◆ frontal attack, if unexpected, and unarmed victim was in no
position to repel the attack, treachery can still be appreciated
– test—whether the victim was forewarned or afforded the
opportunity to make a defense or to ward off the attack
– applicable only in crimes against persons, and persons and
property
– can be appreciated in error in personae and aberratio ictus
– may be appreciated with evident premeditation
◆ requisites
G. employment of means of execution that would insure the safety of
the accused from retaliatory acts of the intended victim and
leaving the latter without an opportunity to defend himself
◆ need not insure accomplishment
H. means employed were deliberately or consciously adopted by the
offender
◆ attack must not be made at spur of the moment
– cannot exist with passion or obfuscation
◆ time when must be present
G. continuous aggression-at the beginning of the assault
H. non-continuous assault-when the fatal blow was given
◆ what may be absorbed
– abuse of superior strength
– aid of armed men
– by a band
– means to weaken defense
 – craft
– nighttime
Gn. ignominy
◆ a circumstance pertaining to the moral order, which adds disgrace and
obloquy to the material injury caused by the crime
◆ must tend to make the effects of the crime MORE HUMILIATING or TO
PUT THE OFFENDED PARTY TO SHAME
◆ applicable in
– crimes against chastity
– less serious physical injuries
– light or grave coercion
– murder
Gq. unlawful entry
◆ an entrance is effected by a way not intended for the purpose
– must be for entrance, not for escape
– ex. entered through window
◆ presupposes that there is no breaking
– if broken door, walls, etc. and entered, #9 shall apply
◆ aggravating in robbery with violence against or intimidation of persons
– not aggravating in trespass to dwelling and robbery with force
upon things
Gr. breaking wall
◆ requisites
G. wall, roof, window or door was broken
H. they were broken to effect entrance
– not exit
– must be utilized as means of commission of crime
◆ when breaking is lawful
– officer making an arrest of a person reasonably believed to be
inside a building
– officer who was refused admittance to execute a search warrant
– replevin
Hs. aid of minor or by means of motor vehicle or other similar means
◆ with aid of minor
– persons under 15 years old
◆ by means of motor vehicle
– must be used:
G. in going to the place of the crime,
H. in carrying away the effects thereof, AND
I. in facilitating their escape
– if only for escape, not aggravating
◆ other similar means
– refers to motorized vehicles or other efficient means of
 –
transportation similar to automobile/airplane
HG. cruelty
◆ the wrong done was intended to prolong the suffering of the victim,
causing him unnecessary moral and physical pain
◆ requisites
G. at the time of infliction of the physical pain, the offended party is
still alive
– there must be showing the wounds were inflicted when
offended party was still alive
H. the offender enjoys and delights in seeing his victim suffer
gradually by the infliction of the physical pain
◆ outraging of a corpse, qualifies killing to murder
– other special aggravating circumstances
G. use of loose firearms
◆ refers to:
– unregistered
– obliterated or altered
– lost or stolen
– illegally manufactured
– registered but in possession of another other than the licensee
– with revoked licenses
◆ if used in furtherance, absorbed in the ff
– rebellion
– insurrection
– attempted coup dʼetat
◆ if inherent in the crime, shall be aggravating (not a separate offense)
– including explosives
– ex. firearm used to kill a person, crime is only either homicide or
murder; no more separate charge of use of loose firearms
◆ if did not use, crime is illegal possession of firearm
– good faith is not a defense
H. use of dangerous drugs
◆ qualifying aggravating circumstance
◆ drug test in S.15 only covers unlawful acts in R.A. 9165, and not to any
other crimes

Alternative circumstances
– those which must be taken into consideration as aggravating according to the
nature and effects of the crime and other conditions attending its commission
– these are
G. relationship
◆ applies if offended party is the
– spouse
 – ascendant
– descendant
– legitimate, natural or adopted brother or sister
– relative by affinity in the same degree of the offender
– other relatives included by analogy to ascendants and
descendants
◆ application
G. exempting
◆ accessories related to principal (see further disc. below)
◆ spouse-for less serious/slight physical injuries inflicted after
having surprise spouse/paramour/mistress committing sexual
intercourse
– also to parents, w/ respect to daughters under 18 and
seducer
◆ daughter must still be living w/ parents
◆ in theft, malicious mischief, swindling/estafa, if offender is
related to offended party (vice versa/mutually) as
– spouse, ascendant, descendant, relatives by affinity in the
same line (incl. stepfather/mother)
– widowed spouse
◆ w/ respect to property belonging to deceased spouse,
before same is passed to the possession of another
– brother/sister, brother-in-law/sister-in-law
◆ they must be living together
– crimes above are exclusive, if complexed, will not apply
(SC)
– there is still civil liability
H. mitigating
◆ by analogy in crimes/relatives above (theft etc.) for robbery,
usurpation, fraudulent insolvency, arson
◆ less serious/slight physical injuries committed against a
relative of lower degree
◆ infanticide or abortion to conceal dishonor
– in infanticide, if committed by grandparents, also
mitigating
◆ trespass to dwelling
I. aggravating
◆ crimes against persons
– offended party is relative of a higher degree
– offender and offended are relatives of the same level
◆ ex. between brothers, brother-in-law, half-brother,
adopted-brother
◆ murder or homicide
 – whatever degree, if victim died
◆ rape
– step-father/father raped his step-daughter/daughter
◆ serious physical injuries
– even if offended party is a descendant
◆ except, committed by parent to his child due to
excessive chastisement
◆ less serious physical injuries
– if relative of higher degree of offender
H. intoxication
◆ impairs exercise of oneʼs willpower
– basis is not the amount of liquor, but the effect of the same to the
offender
◆ in RA 9262, defense of being under the influence of alcohol, drugs,
other mind-altering substance shall not be appreciated
◆ mitigating
– intoxication is not habitual
– not subsequent to the plan to commit a felony
◆ ex. he drank first, then planned to commit (not other way
around)
– at the time of commission of the crime, accused has taken such
quantity of alcoholic drinks as to blur his reason and deprive him
of certain degree of control
◆ aggravating
– habitual
◆ habitual drunkard is one given to intoxication by excessive use
of intoxicating drinks
◆ must be actual and confirmed; not necessarily daily
occurence
– intentional / subsequent to plan to commit a felony
◆ ex. he planned first, then to execute his plan, he decides to be
intoxicated
– in both, the liquor must diminish his rational capacity
I. degree of instruction and education of the offender
◆ 2 distinct circumstances
◆ mitigating
– basis of lack of instruction is not illiteracy, but lack of sufficient
intelligence
– applies to all crimes
◆ except to
– crimes against property (ex. theft, robbery)
– assault upon persons of another
– crimes against chastity
 – homicide, murder, rape
– treason
◆ aggravating
– when offender avails himself of his learning in the commission of
the crime
– not enough that offender has knowledge

Absolutory causes
– where the act committed is a crime, but for reasons of public policy and
sentiment, there is no penalty imposed
– prevents criminal liability from attaching/arising
– examples
G. spontaneous desistance in attempted felonies
H. attempted/frustrated stage of light felonies
◆ except: crimes against persons/properties
I. accessories in light felonies
X. accessory is relative of principal
◆ except if he has profited/assisted in profiting from the effects of the
crime
Y. discovering secrets of ward through seizure of correspondences by the
guardian
m. slight/less serious physical injuries inflicted by person who surprised
spouse/daughter in act of sexual intercourse
◆ if death was the result, not absolutory, but mitigating
n. instigation
◆ happens when a public officer induces an innocent person to commit
a crime and would arrest him upon or after the commission of the
crime
– offender is acting as a tool of law enforcers; he has no criminal
intent
◆ may only be committed by public officers/private detectives
– if private person made instigation, he shall be liable as principal by
inducement
◆ different from entrapment
– criminal design originates from and is already in the mind of the
offender before entrapment
– law enforces resort to ways and means to capture the offender in
flagrante delicto
– ex. buy-bust operations
◆ the following must be subject of strict scrutiny of courts
G. manner by which the initial contact was made, whether or
not through an informant
H. offer to purchase the drug
 I. payment of the buy-bust money
X. delivery of the illegal drug, whether to the informant alone
or the police officer
◆ courts should look at all factors to determine the
predisposition of an accused to commit an offense, so far as
they are relevant to determine the validity of defense of
inducement
q. trespass to dwelling, when the purpose is to prevent serious harm, or
rendering services to humanity or justice, or to enter open public houses

Persons liable and degree of participation

– classifications of criminal responsibility
G. individual — when there is no conspiracy, each of the offenders is liable
for his personal act
H. quasi-collective — some offenders are principals and others are
accomplices
I. collective — when there is conspiracy, the act of one is the act of all
◆ all conspirators are liable as co-principals regardless of extent and
character of their participation
– the ff are criminally liable for grave/less grave felonies
G. principal
H. accomplices, and
I. accessories
– the ff are criminally liable for light felonies
G. principals
H. accomplices

Principals, accomplices, and accessories

– principals
G. by direct participation
◆ those who materially execute the crime
◆ requisites
G. they participated in the criminal resolution
H. they carried out the plan and personally took part in its execution
by acts, which directly tended to the same end
◆ must be at the scene of the crime
– except in conspiracy, still considered as principal by direct
participation
◆ except if there is proof of desistance and he is not the
mastermind
◆ must personally take part in the execution
H. by inducement
◆ those who directly force or induce another to commit a crime
◆ liability only arises when the crime is committed by the material
executor/principal by direct participation
– effect of acquittal of the material executor: principal by
inducement incurs no liability
◆ except:
◆ requisites
G. inducement be made directly with the intention of procuring the
commission of the crime
◆ must be direct to the executor of the crime (hindi pinadaan sa
iba)
H. inducement be the determining cause of the commission of the
crime by the material executor
◆ must be strong/influential enough that the person induced
could hardly exist
◆ must be the sole impelling reason/consideration for the
commission of the crime
I. inducement must precede the commission of the crime
◆ ways
G. directly forcing
◆ using irresistible force
– such physical force that would produce an effect upon the
individual that in spite of all resistance, it reduces him to a
mere instrument
◆ causing uncontrollable fear
– compulsion by means of intimidation or threat that
promises an evil of such gravity and eminence that the
ordinary man would have succumbed to it
◆ the material executor shall not be criminally liable because of
presence of exempting circumstances
H. directly inducing
◆ giving price, offering, reward or promise
– same as the requisites above
◆ using words of commands
– requisites
G. one uttering the words of command must have the
intention of procuring the commission of the crime
H. he must have an ascendancy/influence over the
person who acted
I. words used must be so direct, so efficacious, and
powerful as to amount to physical/moral coercion
◆ a thoughtless expression is not an inducement to
kill
X. words of command must be uttered prior to the
 X.
commission of the crime
Y. material executor of the crime has no reason to
commit the crime
I. by indispensable cooperation
◆ those who:
– participated directly in the criminal resolution, a conspiracy or
unity in criminal purpose AND
– cooperated in the commission of the crime by performing an act,
without which, it would not have been accomplished
◆ acts must be before or during the commission of the crime
(not after)
– accomplices
○ one who, not being included in the definition of a principal, cooperate in
the execution of the offense by previous or simultaneous acts
○ requisites
G. community of design
◆ knowing the criminal design of the principal by direct
participation, he concurs with the latter in his purpose
– unlike in conspiracy (participates in adoption of design), there
is already a criminal design
H. he cooperates in the execution of the offense by previous or
simultaneous acts
◆ his intent is to supply material or moral aid in the execution of the
crime in an efficacious way
◆ acts must not be indispensable to the commission of the crime
I. there must be a relation between the acts done by the principal and
those attributed to the person charged as accomplice
– accessories
○ those who, having knowledge of the commission of the crime, and without
having participated therein, either as principal or accomplice, take part
subsequent to its commission
◆ crime is already consummated
○ modes
G. profiting themselves or assisting the offender to profit by the effects
of the crime
◆ must know that the property/proceeds came from a crime
◆ must have directly received it from principal
◆ may also be charged with Fencing (if property came from theft/
robbery)
H. concealing or destroying the body of the crime, or the effects or
instruments thereof, in order to prevent its discovery
◆ corpus delicti—the fact that a crime has been committed
I. harboring, concealing, or assisting in the escape of the principal
 ◆ ff persons may be held as guilty
– public officers
◆ requisites
G. accessory is a public officer
H. he harbors, conceals or assists in the escape of the
principal
◆ not accomplice/accessory; liability if so is
obstruction of justice
I. he acts with abuse of his public functions
X. crime was committed by principal is any crime
◆ excluding light felonies
– private persons
◆ requisites
G. accessory is a private persons
H. he harbors, conceals or assists in the escape of the
author of the crime
◆ could be principal, accomplice, accessory
I. crime committed by principal is either
◆ treason
◆ parricide
◆ murder
◆ attempt against life of the President
◆ principal is known to be habitually guilty of some
other crime
○ criminal liability only attaches when the principal is found guilty
◆ except: may still attach even if principal was exempted from criminal
liability
○ if principal is related to the accessory as follows, no criminal liability
◆ spouse, ascendant, descendant, legitimate/natural/adopted brother,
sister, or relative by affinity (by marriage) within the same degree
– exception: not exempt if above
G. profited by the effects of the crime
H. assisted the offender to profit from the effects of the crime
○ when is an accessory punished as principal?
◆ if ascendants, guardians, curators, teachers, any person, by abuse of
authority/confidential relationship, cooperate as accomplices in crimes
of
G. rape/qualified rape
H. acts of lasciviousness
I. simple/qualified seduction
X. corruption of minors
Y. white slave trade
m. forcible/consented abduction
Conspiracy and proposal
– punishable only in cases in which the law specifically provides a penalty
therefore
– conspiracy
○ exists when 2 or more persons come to an agreement concerning the
commission of a felony and decide to commit it
○ essence is “unity of action and purpose”
○ requisites
G. 2 or more persons come into an agreement
H. agreement concerned the commission of a crime
I. execution of a felony was decided upon
○ to be liable, it is necessary that a conspirator should have performed
some overt act as a direct/indirect contribution to the execution of the
crime
◆ may consist of either:
– active participation in the actual commission of the crime itself
– moral assistance to his co-conspirators by being present at the
commission of the crime
– exerting moral ascendancy over the other co-conspirators
◆ mere presence of an accused at the discussion of a conspiracy, even
approval of it, without any active participation in the same, is not
enough for conviction (SC)
– except if he/she is the mastermind
○ if established, degree of participation is not considered
◆ they shall have equal criminal responsibility “act of one is act of all”
– exception: if co-conspirator merely cooperated with insignificant
or minimal acts, such that even without him, the crime could be
carried out as well; only accomplice
◆ the fact that the element of the offense is not present as regards
others, immaterial
– except: parricide (relationship must be present); murder (if w/
treachery, all offenders must have knowledge of employment of
treachery
○ kinds
G. conspiracy as a crime
◆ conspiracy to commit treason
◆ to commit rebellion
◆ to commit acts like sale, importation and distribution of drugs
◆ to commit access devise fraud
◆ to commit terrorism
H. conspiracy as basis of incurring criminal liability
◆ there must be an overt act done before co-conspirators become
 ◆
liable
◆ except
– if he is a mastermind; need not to be at the scene
– if he performs an overt act outside of the scene; like driver of
a get-away vehicle, man who pressed button of a remote
control bomb
○ ways of committing
G. express
◆ there is an express agreement as to what crime is to be
committed
◆ liability is only for the crime agreed upon
– exceptions
◆ another crime is committed in their presence AND they
did not prevent its commission
◆ other crime is the natural consequence of the crime
planned
◆ resulting crime was a composite/special complex crime
(ex. robbery with homicide)
H. implied
◆ requisites
G. 2 or more persons are shown to have aimed by their acts
towards the accomplishment of the same unlawful object,
H. each doing a part
I. their combined acts, though apparently independent, were in
fact connected and cooperative,
X. acts indicate closeness of personal association and a
concurrence of sentiment
◆ there is a spontaneous agreement at the moment of
commission
◆ active cooperation by all
◆ not all those present at scene will be considered as conspirators
– only those participated by criminal acts
– mere acquiescence to, or approval shall not render one liable
○ overlapping, chain, wheel/circle conspiracy
◆ overlapping: depicts a picture of a conspirator in the 1st level of
conspiracy performing acts which implement, or in furtherance of,
another conspiracy in the next level of which the actor is not an active
party
◆ chain: there is successive communication and cooperation in much
the same way as with legitimate business operations between
manufacturer and wholesaler, then wholesaler and retailer, and then
retailer and consumer
– usually in the distribution of narcotics or other contraband
 ◆ wheel/circle: there is a single person or group (“hub”) dealing
individually with 2 or more other persons or groups (the “spokes”)
– proposal
○ a person who has decided to commit a felony proposes its execution to
some other person/s
○ requisites
G. a person has decided to commit a felony
H. he proposes its execution to other person/s
I. the proposal must not be accepted
◆ if accepted, it shall become conspiracy

Multiple offenders
Recidivism
– see discussion on Aggravating circumstances

Habituality
– reiteracion / see discussion on Aggravating circumstances

Quasi-recidivism
– any person who shall commit a felony after having been convicted by final
judgment before beginning to serve such sentence or while serving such
sentence shall be punished by the maximum period prescribed by law for the
new felony
– requisites
G. offender was already convicted by final judgment of 1 offense
H. he committed a new felony,
◆ before beginning to serve such sentence, or
◆ while serving such sentence
– does not matter whether the new offense (RPC/SPL) is different/
same in character from the 1st offense
– unlike recidivism, crimes must be of the same title of the RPC
– unlike reiteracion, accused must have served out his sentence for
1st offense
– special aggravating circumstance
○ cannot be offset by any ordinary mitigating circumstance
– when is quasi-recidivist pardoned?
○ any convict who
G. has reached the age of 70 and has already served out his original
sentence, or
H. completed sentence original sentence after reaching said age
○ must not be a habitual criminal
○ shall not apply if by reasons of his conduct/other circumstance, he is not
worthy of clemency
Habitual delinquency
– offender within the period of 10 years from date of his release/last conviction
of the crimes of serious/less serious physical injuries, robbery, theft, estafa, or
falsification, is found guilty of any of the said crimes a 3rd time or oftener
– requisites
G. within a period of 10 years from date of his release or last conviction
H. of crimes of
◆ serious/less serious physical injuries
◆ robbery
◆ theft
◆ estafa
◆ falsification
I. he is found guilt of the said crimes a 3rd time or oftener
– special aggravating circumstance
– offender can be a habitual delinquent and a recidivist at the same time
○ 2 of the crimes must be embraced in the same title of the RPC
– application of penalty
○ the imposable penalty is the 1) penalty provided by law for the last crime
of which offender is found guilty PLUS 2)
◆ 3rd conviction: prision correccional medium and minimum periods
◆ 4th: prision mayor medium and maximum periods
◆ 5th or more: prision mayor maximum and reclusion temporal minimum
period
○ notwithstanding, the total of the 2 penalties to be imposed shall in no case
exceed 30 years

Penalties
Imposable penalties
– no felony shall be punishable by any penalty not prescribed by law prior to its
commission
○ only penalty prescribed by law prior to the commission of a felony may be
imposed
○ no person shall be subject to criminal prosecution for any act until after
the State has defined a crime and fixed penalty therefore (SC)
– how imposed
○ separately and individually on every person accused or convicted
○ cannot be imposed in the alternative; must be definite and positive (SC)
– retroactive effect of penal laws? only insofar as they favor the person guilty
○ although at the time of publication of the penal law, a final sentence has
been pronounced and convict is serving the same
○ exception:
◆ habitual delinquents
 ◆ new law increased civil liability
◆ new law expressly made itself inapplicable
– what are not considered as penalties
G. arrest and temporary detention of accused persons
◆ as well as detention by reason of insanity/imbecility/illness requiring
their confinement in a hospital
H. commitment of a minor to any of institutions (Bahay Pag-asa/Intensive
Juvenile Intervention and Support Center) and for purposes specified
I. suspension from employment or public office during trial or in order to
institute proceedings
X. fines and other corrective measures which, in the exercise of their
administrative/disciplinary powers, superior officials may impose upon
their subordinates
Y. deprivation of rights and reparations which the civil law may establish in
penal form

Classification
– general
G. principal: those expressly imposed by the court in the judgment of
conviction
◆ capital punishment
– death
◆ afflictive
– reclusion perpetua
– reclusion temporal
– perpetual/temporary absolute disqualification
– perpetual/temporary special disqualifcation
– prision mayor
◆ correctional
– prision correccional
– arresto mayor
– suspension
– destierro
◆ light
– arresto menor
– public censure
◆ penalties common to above
– fine
– bond to keep the peace
H. accessory: those are deemed included in the imposition of the principal
penalties
◆ perpetual/temporary absolute disqualification (may be principal/
accessory)
 ◆ perpetual/temporary special disqualifcation
◆ suspension from public office, right to vote and be voted for, the
profession/calling
◆ civil interdiction
◆ indemnification
◆ forfeiture/confiscation of instruments and proceeds of the offense
◆ payment of costs
– according to divisibility
G. divisible: those which have fixed duration
◆ penalty composed of 3 periods (minimum, medium, maximum)
◆ penalty not composed of 3 periods
◆ complex penalty
◆ penalty without a specific legal form
H. indivisible: those which have no fixed duration
◆ ex. death, reclusion perpetua, absolute/special disqualification, public
censure
– according to subject matter
G. corporal
H. deprivation of freedom
I. restriction of freedom
X. deprivation of rights
Y. pecuniary
– according to gravity
G. capital
H. afflictive
I. correctional
X. light
– classification of fine
G. afflictive: over P1.2m
H. correctional: P40k-P1.2m
I. light: not exceeding P40k

Duration and effects

– duration
G. reclusion perpetua: 20 yrs and 1 day TO 40 yrs
◆ even if w/ duration, still considered as an indivisible penalty
H. reclusion temporal: 12 yrs and 1 day TO 20 yrs
I. prision mayor/temporary disqualification: 6 yrs and 1 day TO 12 yrs
◆ if temporary disqualification is accessory, its duration is that of the
principal
X. prision correccional/suspension/destierro: 6 mos and 1 day TO 6 yrs
◆ if suspension is accessory, its duration is that of the principal
Y. arresto mayor: 1 mo and 1 day TO 6 yrs
 m. arresto menor: 1 day TO 30 days
n. bond to keep the peace: discretion of the court
– how computed
○ if penalty is deprivation of liberty
◆ computed from the day that the offender is placed at the disposal of
judicial authorities for enforcement of penalty
– provided not yet in prison
○ for other penalties
◆ computed on the day on which defendant commences to serve his
sentence
◆ except: for temporary penalties (and offender is not in prison)
– computed from the day on which the judgment of conviction shall
have become final
– effect of preventive imprisonment
○ offenders/accused who have undergone preventive imprisonment shall be
credited in the service of their sentence consisting of deprivation of
liberty, with the full time during which they have undergone preventive
imprisonment
○ conditions:
G. detention prisoner agrees voluntarily in writing and with the assistance
of counsel
◆ after being informed of the effects thereof
H. to abide by the same disciplinary rules imposed upon convicted
prisoners
◆ if he does not agree to abide, credited on 4/5 of the time
◆ must also be in writing and with assistance of counsel
I. he must not fall on any of the ff:
◆ a recidivist, or have been convicted previously twice or more
times of any crime
◆ upon being summoned for the execution of their sentence they
have failed to surrender voluntarily
○ sentence is reclusion perpetua, credit shall be deducted from 30 years
○ what if preventive imprisonment is for a period equal to the possible
maximum imprisonment of the offense charged AND his case is not yet
terminated?
◆ released immediately without prejudice to:
G. the continuation of the trial thereof or
◆ if accused is absent without justifiable cause, court may motu
proprio order his rearrest
H. the proceeding on appeal, if the same is under review
◆ basis of computation
– actual period of detention with good conduct time allowance
– if max penalty is destierro, shall be released after 30 days of
 –
preventive imprisonment
◆ not applicable to
G. recidivists
H. habitual delinquents
I. escapees
X. persons charged with heinous crimes
– effects
○ perpetual/temporary absolute disqualification
G. deprivation of the public offices and employments
◆ even if conferred by popular election
H. deprivation of the right to vote in any election, or to be elected to such
office
I. disqualification for the offices/public employments and for the
exercise of any of the rights mentioned
◆ in temporary disqualification, #2-3 shall only last during the term
of the sentence; 1 & 4, even after service
X. loss of all rights to retirement pay or other pension for any office
formerly held
○ perpetual/temporary special disqualification
◆ for public office, profession or calling
G. deprivation of the office, employment, profession or calling
affected
H. disqualification for holding similar offices or employments
◆ either perpetually or during the term of the sentence
◆ for exercise of suffrage
G. right to vote in any popular election for any public office or to be
elected to such office
◆ either perpetually, or during the term of the sentence
H. shall not be permitted to hold any public office during the period
of his disqualification
○ suspension from public office, profession or calling, or right of suffrage
G. disqualifies offender from holding such office or exercising such
profession or calling or right of suffrage
◆ during the term of the sentence
H. shall not hold another having similar functions
◆ during the period of his suspension
○ civil interdiction
◆ during time of sentence, deprives offender
G. rights of parental authority, or guardianship
◆ either as to the person/property of any ward
H. of marital authority
I. of the right to manage his property
X. of the right to dispose of such property
 ◆ by any act or any conveyance inter vivos
○ bonds to keep the peace
◆ offender shall have the duty to:
G. present 2 sufficient sureties who shall
◆ undertake that such person will not commit the offense
sought to be prevented, and in case such offense be
committed they will pay the amount determined by the court
in the judgment, OR
◆ deposit such amount in the office of the clerk of the court to
guarantee said undertaking
H. if failed to give a bond offender shall be detained
◆ not exceeding 6 months: grave or less grave felony
◆ not exceeding 30 days: light felony
○ pardon
◆ shall not:
G. restore the right to hold public office or right to suffrage
◆ except when such rights are expressly restored OR in absolute
pardon
H. exempt culprit from civil liability
◆ if only principal penalty is remitted by pardon, it will not carry the
remission of accessory penalties
– except if pardon was granted after term of imprisonment has
expired
– order of payment for pecuniary liabilities
○ applies if property of offender is insufficient for payment of all:
G. reparation of the damage caused
H. indemnification of consequential damages
I. fine
X. cost of the proceedings

Application
– factors considered
○ prescribed/graduated penalty
◆ prescribed: that found in Book 2 for each crimes
◆ graduated: imposable penalty after taking into consideration certain
graduating factors
– stages of execution and nature of participation
◆ penalty prescribed by law shall be imposed upon principals of
a consummated felony / esp. if in general terms
– not applicable if: law expressly provides that the penalty is
for accomplices/accessories OR for frustrated/attempted
stage
G. principal
 ◆ consummated: penalty prescribed
◆ frustrated: 1 degree lower than penalty prescribed for
consummated felony
◆ attempted: 2 degrees lower than penalty prescribed for
consummated felony
H. accomplice
◆ consummated: 1 degree lower than penalty prescribed for
consummated felony
◆ frustrated: 1 degree lower than penalty prescribed for
frustrated felony
– 2 degrees for cons.
◆ attempted: 1 degree lower than penalty prescribed for
attempted felony
– 3 degrees for cons.
I. accessories
◆ consummated: 2 degrees lower than penalty prescribed
for cons.
◆ frustrated: 2 degrees lower than penalty prescribed for
frustrated felony
– 3 degrees for cons.
◆ attempted: 2 degrees lower than penalty prescribed for
attempted felony
– 4 degrees for cons.
– presence of privileged mitigating circumstance
◆ when not considered (including aggravating)
G. penalty is single and indivisible
H. in felonies through negligence
I. penalty is only a fine imposed by ordinance
X. penalties prescribed by special laws
○ indivisible/divisible penalty
◆ rules for indivisible (RP, death, RP to death)
G. law prescribes a single penalty (RP/death)
◆ court shall apply the prescribed penalty
– whatever be the nature/number of aggravating/mitigating
circumstance
H. law prescribes 2 indivisible penalties (RP to death)
◆ 1 aggravating > greater penalty shall be imposed
◆ no mitigating/aggravating > lesser penalty
◆ there is mitigating, no aggravating > lesser penalty
◆ both present > court shall allow them to offset each other
◆ rules for divisible
G. penalty is composed of 3 periods
◆ no mitigating/aggravating > medium period
 ◆ there is mitigating, no aggravating > minimum
◆ only aggravating > maximum
– no penalty greater than maximum period prescribed shall
be imposed, regardless of # of aggravating circumstance
◆ both present > court shall offset those of one class against
other accdg to weight
◆ 2 or more mitigating, no aggravating > penalty next lower in
degree, in the period it may deem applicable
– 2 mitigating = 1 privileged mitigating, as long as there is
no aggravating; can only have until 2 privileged
H. not composed of 3 periods
◆ divide into 3 equal portions the time included in the
prescribed penalty
◆ form 1 period of each portion
◆ apply #1 rule
○ applicability of the indeterminate sentence law
◆ considered when required to apply the foregoing rules for divisible
penalties

Subsidiary imprisonment
– subsidiary personal liability/imprisonment
○ applies if:
G. penalty is:
◆ a principal penalty which carries with it a fine
◆ only a fine
H. convict has no property with which to meet the fine imposed
○ rate: 1 day for each amount equivalent of the highest minimum wage rate
prevailing in the PH at the time of rendition of judgment of conviction
○ not an accessory penalty
○ must be expressly provided in the judgment
– rules
G. if principal penalty is prision correccional/arresto AND fine
◆ convict shall remain under confinement until fine is satisfied (accdg.
to rate)
– shall not exceed 1/3 of the term of the sentence
– shall not continue for more than 1 year
– fraction/part of day shall not be counted
H. if principal penalty is only fine
◆ subsidiary imprisonment shall not exceed the ff
– grave/less grave felony: not exceed 6 months
– light: not exceed 15 days
◆ no subsidiary imprisonment for: reparation, indemnification, costs
I. no subsidiary imprisonment for penalties higher than prision correccional
 ◆ e.g. prision mayor, reclusion temporal, reclusion perpetua
X. if principal penalty is not to be executed by confinement BUT is of fixed
duration
◆ convict shall continue to suffer same deprivations as those which the
principal penalty consists
◆ no subsidiary imprisonment if penalty has no fixed duration
Y. notwithstanding the subsidiary imprisonment, accused shall still pay the
fine in case his financial circumstance improve

Include: Indeterminate Sentence Law

– indeterminate sentence
○ a sentence with a minimum and a maximum term, of which the court is
mandated to impose for the benefit of a guilty person who is not
disqualified to avail therefore
◆ minimum—duration of sentence which the convict shall serve to be
eligible for parole
– RPC: within the range of the penalty next lower to that prescribed
– SPL: must not be less than the minimum term prescribed
◆ maximum—maximum limit of duration that the convict may be held in
jail
– RPC: that which in view of the attending circumstance could be
properly imposed
– SPL: must not exceed the term prescribed
○ in applying the ISLAW, you get the maximum and minimum term
– when indeterminate sentence is not applicable
G. persons convicted of
◆ offenses punished with death penalty or life imprisonment
◆ treason, conspiracy/proposal to commit treason
◆ misprision of treason, sedition, rebellion, espionage
◆ piracy
H. habitual delinquents
I. those who have escaped from prison or evaded sentence
X. those who have violated the terms of conditional pardon of the Chief
Executive
Y. when maximum term of imprisonment does not exceed 1 year
m. those convicted by final judgment at time of effectivity of ISLAW
n. offenses with penalty of suspension/destierro
– how to compute and apply ISLAW
G. determine the prescribed penalty for the offense
◆ ex. homicide - reclusion temporal
◆ if the crime is a complex crime, the penalty for the most serious
offense shall be imposed
– ex. estafa through falsification of public documents
 ◆ falsification=prision mayor
◆ estafa=prision correccional
H. determine if there is a privileged mitigating circumstance (if there is none,
proceed to #3)
◆ lower the penalty into 1 or 2 degrees
◆ ex. homicide, there are 2 mitigating, no aggravating; you can lower
reclusion temporal to 1 degree = prision mayor in medium <<
maximum sentence
◆ if complex crime: lower into 1 degree, but still maximum period
– estafa through falsification: prision correccional in maximum <<
max. sentence
I. determine if there are mitigating/aggravating circumstances
◆ ex. homicide, no mitigating/aggravating = reclusion temporal in
medium << max. sentence
◆ homicide, no mitigating/1 aggravating = reclusion temporal in
maximum << max. sentence
◆ if complex crime, always maximum
X. after determining maximum sentence, get 1 degree lower from that
◆ degree lower is your minimum sentence
◆ ex. 2 = min is prision correccional in its medium
– or any other period as this is subject to the discretion of the court
◆ ex. 3 = min. is prision mayor in its medium/maximum

Graduation of penalties
G. prescribed penalty is single, compound and complex
○ graduated penalty: single and full degrees
◆ single: 1 full penalty
– homicide (reclusion temporal)
◆ 1 degree lower—prision mayor
◆ 2 degrees—prision correccional
◆ compound: 2 penalties
– murder (reclusion perpetua to death)
◆ 1 degree—reclusion temporal
◆ 2 degrees—prision mayor
◆ complex: 3 penalties
– treason by resident alien (reclusion temporal to death)
◆ 1 degree—prision mayor
◆ 2 degrees—prision correccional
H. prescribed penalty has a period
○ graduated penalty: reckon in periods
◆ single
– technical malversation (prision correccional in medium)
◆ 1 degree—arresto mayor in maximum
 ◆2 degrees—arresto mayor in its medium
◆ compound
– theft (prision correccional in medium to prision correccional in
maximum)
◆ 1 degree—arresto mayor in maximum to prision correccional in
medium
◆ 2 degrees—arresto mayor in its minimum to arresto mayor in
its medium
◆ complex
– simple robbery (prision correccional in maximum to prision mayor
in medium)
◆ 1 degree—arresto mayor in maximum to prision correccional in
medium
◆ 2 degrees—destierro in maximum to arresto mayor in medium

Accessory penalties
– principal penalties with inherent accessory penalties
G. death
◆ perpetual absolute disqualification
◆ civil interdiction during the first 30 years following the sentence
– above shall continue even if pardoned
◆ unless expressly remitted in the pardon
H. reclusion perpetua, reclusion temporal
◆ civil interdiction
– lifetime/during the period of the sentence
◆ perpetual absolute disqualification
– continues even if principal penalty is pardoned
◆ unless expressly remitted in the pardon
I. prision mayor
◆ temporary absolute disqualification
◆ perpetual special disqualification of right to suffrage
– continues even if principal penalty is pardoned
◆ unless expressly remitted in the pardon
X. prision correccional
◆ suspension from public office and right to practice a profession/calling
◆ perpetual special disqualification from right of suffrage
– only if imprisonment exceeds 18 mos
– continues even if principal penalty is pardoned
◆ unless expressly remitted in the pardon
Y. arresto
◆ suspension of right to hold office and of suffrage
– during term of the sentence
m. confiscation and forfeiture of proceeds/instruments of the crime
 ◆ applies to all penalties
◆ confiscated and forfeited in favor of the Government
– unless properties of 3rd persons not liable
◆ except: articles not subject of lawful commerce

Execution and service

– no penalty shall be executed except by virtue of a final judgment
– place of service
G. reclusion perpetua, reclusion temporal, prision mayor, prision correccional,
arresto mayor
◆ places and penal establishments provided by the Administrative Code
or future laws
H. destierro
◆ not permitted to enter the place/s designated in the sentence, and
◆ within the radius specified
– shall not be more than 250km and not less than 25km from place
designated
I. arresto mayor
◆ municipal jail
◆ house of defendant himself
– when court provides, under surveillance of law officer

Three-fold rule
– when a convict has to serve multiple sentences, the maximum duration of his
sentence shall not be more than three-fold the length of time corresponding
to the most severe of the penalties imposed
○ applies only if the convict is to serve 4 or more sentences successively
– director of prisons applies this
– applied after the application of the ff rules
G. if culprit has to serve 2 or more sentences
◆ if nature of penalty permits, he shall serve them simultaneously
– ex. perpetual absolute/special disqualification, temporary
absolute/special disqualification, suspension, destierro, public
censure, fine and bond to keep the peace, civil interdiction,
confiscation and payment of costs
◆ if nature of penalty does not permit, he shall serve them successively,
in accordance to the ff scale
G. death
H. reclusion perpetua
I. reclusion temporal
X. prision mayor
Y. prision correccional
m. arresto mayor
 n. arresto menor
q. destierro
r. perpetual absolute disqualification
Gs. temporary absolute disqualification
GG. suspension from public office, right to vote and be voted for,
right to follow a profession/calling
H. apply the three-fold rule
◆ maximum period shall not exceed 40 years
◆ duration of perpetual penalties shall be computed at 30 years

Probation Law
– probation: a disposition under which a defendant, after conviction and
sentence, is released subject to conditions imposed by the court and to the
supervision of a probation officer
○ discretionary in character
– who can apply
○ only those whose penalty does not exceed 6 years of imprisonment, or
fine only
– how, when?
○ after conviction and sentence
○ defendant shall apply for probation within the period of perfecting an
appeal
– who are disqualified from availing probation
G. sentenced to serve a maximum term of imprisonment of more than 6 years
H. convicted of any crime against national security
I. have previously been convicted by final judgment of an offense punished
by imprisonment of more than 6 months and 1 day and/or a fine of more
than P1K
X. have been once on probation
Y. are already serving sentence at the time of the substantive provisions of
Probation law became applicable
m. appeals from judgment or conviction
n. convicted of election offenses
q. persons convicted of drug trafficking/pushing, regardless of penalty
◆ except for first time minor offenders (crime must be illegal possession
only)
– period
○ if sentence is imprisonment
◆ sentence is not more than 1 year: period shall not exceed 2 years
◆ all others: shall not exceed 6 years
○ if fine only, and made to serve subsidiary imprisonment
◆ not less/more than twice the total # of days of subsidiary
imprisonment
 – how terminated
G. period of probation expired
H. report and recommendation of the probation officer
I. order of final discharge by the court
◆ finds that accused has fulfilled the terms and conditions of his
probation
◆ shall terminate probation
◆ restoration of all civil rights lost/suspended
◆ extinguishes criminal liability

Juvenile Justice and Welfare Act

– child in conflict with the law
○ a child who is alleged as accused of, or adjudged as, having committed an
offense under PH laws
○ no penalty in case child violated a local ordinance
○ exempt from prosecution for vagrancy, prostitution, mendicancy, sniffing
of rugby
– how treated
○ if 15 years or under at the time of commission, OR above 15 years but
below 18 years acted without discernment
◆ exempt
◆ subject to a community-based intervention program
– exception:
G. if above 12 up to 15 years, and committed paricide, murder,
infanticide, kidnapping and serious illegal detention where
victim is raped/killed, robbery, with homicde/rape, destructive
arson, rape, carnapping where driver/occupant is raped/killed,
offenses under RA 9165 punishable by imprisonment of more
than 12 years
◆ deemed as neglected child, mandatorily placed in Bahay-
Pagasa
H. if above 12 up to 15 years, and commits an offense second
time or oftener AND previously subjected to a community-
based intervention program
◆ shall undergo an intensive intervention program
◆ may be placed in Bahay-Pagasa
○ above 15 years but below 18 years acted with discernment
◆ not exempt
◆ subject to further proceedings under RA 9344
– rule on automatic suspension of sentence
○ requisites
G. child is under 18 yrs old at the time of commission of offense
◆ any crime; the law does not distinguish (SC)
 H. he/she is found guilty of the offense charged
◆ applies even if child is already 18 yrs or more at the time of
pronouncement of guilt
I. judge shall determine and ascertain civil liability
X. without application, judge shall place the child under suspended
sentence
◆ until child is 21 yrs old
◆ if said age is moot, shall be confined in agricultural camps/training
facilities
○ retroactive in nature

Republic Act No. 10951

– adjusted the:
○ amount/value of property and damage on which a penalty is based
○ fines imposed 

Extinction of criminal liability

– total or partial
– total extinguishment
G. by death of the convict, as to personal penalties
◆ as to pecuniary penalties, only when death of offender occurs before
final judgment
H. by service of the sentence
I. by amnesty
◆ criminal complexion of the act constituting the crime is erased, as
though the act is innocent
◆ granted in favor of a class of convicted offenders
◆ requires concurrence of the Senate
X. by absolute pardon
◆ does not restore right to hold public office/right to suffrage
– when both rights are expressly remitted in the pardon
◆ does not extinguish civil liability
Y. by prescription of the crime
◆ computation
– commencement: from the day crime is discovered by offended
party, authorities, or their agents
– interrupted: by filing of complaint/information
– continues: if proceedings terminate without accused being
convicted/acquitted
– NOTE: shall not rune when offender is absent from the PH
◆ periods
– death, reclusion perpetua, reclusion temporal: 20 years
– perpetual/temporary absolute/special disqualification, prision
 –
mayor: 15 years
– prision correccional, suspension, destierro: 10 years
◆ for 1-3, if compound penalty: the highest penalty shall be the
basis in counting the prescriptive period
– arresto mayor: 5 years
– libel and other similar offenses: 1 year
– oral defamation, slander by deed: 6 months
– light offenses (inc. simple slander): 2 months
m. by prescription of the penalty
◆ computation
– commence: date the culprit evade service of sentence
– interrupt: he gives himself up, be captured, go to some country w/
c PH has an extradition treaty, commits another crime before
expiration of period of prescription
◆ periods
– death, reclusion perpetua: 20 years
– other afflictive: 15 years
– correctional: 10 years
– arresto mayor: 5 years
– light penalties: 1 year
n. marriage

Republic Act No. 10592

– amended provisions on partial extinction of criminal liability (GCTA)
– modes of partial extinguishment
G. by conditional pardon
◆ convict incurs the obligation of complying strictly with the conditions
– noncompliance shall result in revocation
– punished with crime of other cases of evasion of service of
sentence
H. by commutation of sentence
◆ made by CE; reduction of degree of penalty/decreasing the length of
imprisonment or amount of fine
I. for good conduct allowances, which the culprit may earn while
◆ he is undergoing preventive imprisonment
◆ serving his sentence
– GCTA
○ deductions from term of sentence for good behavior
○ SC: retroactive in application; nullified part of IRR which provides that it is
prospective in application
○ granted by the Director of Bucor, Chief of BJMP and/or provincial, district,
municipal, city jail wardens
◆ once granted, cannot be revoked
 ○ cannot be granted if accused perfected an appeal
○ periods and corresponding deductions (“shall”)
G. first 2 yrs of imprisonment: 20 days for each month of good behavior
H. 3rd-4th yr: 23 days for each month
I. 6th-10th yr: 25 days for each month
X. 11th-successive yrs: 30 days for each month
○ any time, in addition to above, shall be allowed a deduction of 15 days for
each month of study, teaching, mentoring service time rendered
– special time allowance
G. deduction of 1/5 of period of sentence
◆ requisites
G. any prisoner who evaded preventive imprisonment, or service of
sentence
H. said prisoner evaded preventive imprisonment or service of
sentence during a period of calamity
I. prisoner gave himself up to authorities within 48 hours following
issuance of proclamation announcing passing away of calamity/
catastrophe
H. deduction of 2/5 of period
◆ requisites
G. any prisoner who evaded preventive imprisonment, or service of
sentence
H. there is an existence of calamity or catastrophe
I. prisoner chose to stay in the place of his confinement
notwithstanding such

Civil liability in criminal cases

– every person criminally liable for a felony is also civilly liable
○ exception:
◆ no damage caused
◆ no private person injured by the crime
– acquittal in the criminal case does not necessarily mean the accused is not
civilly liable; instances
G. if based on reasonable doubt
H. from a cause of non-imputability
I. in criminal action for negligence
X. there is only civil liability
Y. independent civil actions
– rules regarding civil liability in cases of justifying and exempting
circumstances
○ for exempting #1-3
◆ devolves upon persons having legal authority/control of offender
– except: if they have no fault/negligence
 ◆ if no such person above, or he/she is insolvent: property of offender
shall respond
– except properties exempt from execution
○ justifying #4
◆ persons for whose benefit the harm has been prevented
– only in proportion of benefit received
○ exempting #5-6
◆ persons causing violence/fear
◆ if no such persons, offender themselves, except properties exempt
from execution
– subsidiary civil liability
○ innkeepers, tavern keepers, proprietors of establishments
◆ violation of municipal ordinance, police regulations committed by
them or their employees inside their establishments
– principally liable must be insolvent
◆ restitution/payment of value of goods taken by robbery or theft from
guests
– guests must have notified innkeeper/his representative of the
deposit of the goods
– guests must have followed directions given by above with respect
to care of and vigilance over goods
– exception: no liability if robbery is with violence or intimidation of
persons
◆ except: if committed by its employees
○ other persons
◆ shall apply to employers, teachers, persons, corporations for felonies
committed by servants, pupils, workmen, apprentices, employees in
the discharge of their duties
– inclusions in civil liability
G. restitution
◆ return of thing itself, with allowance for any deterioration/diminution of
value
– even though it is found in the possession of a 3rd person who
acquired it by lawful means
◆ except: it is acquired by a 3rd person in a manner by law bar
an action for recovery (ex. innocent purchaser for value of
property covered by Torrens; public sale)
◆ whenever possible
◆ obligation/action descends to offenderʼs heirs
◆ any person who participated gratuitously in proceeds of felony is also
bound to make restitution
– equivalent to extent of participation
H. reparation of damage caused
 ◆ordered by court if restitution is not possible; considerations
G. price of thing
H. special sentimental value to the injured party
◆ obligation/action descends to offenderʼs heirs
I. indemnification of consequential damages
◆ computation shall consist of
G. those caused to the injured party
H. those suffered by his family/third person by reason of the crime
◆ obligation/action descends to offenderʼs heirs
– several and subsidiary liability
○ if there are 2 or more persons civilly liable: court shall determine amount
◆ notwithstanding, principals/accomplices/accessories shall be severally
liable (in solidum) among themselves
– subsidiarily to other persons
◆ how? property of principal first; then accomplice; then accessory
◆ in case of enforcement of liability in solidum/subsidiary
– person who paid have a right of action against others for their
shares
– extinguishment: same as modes of ext. under the NCC

Crimes against public interest

Forgeries
G. forging the seal of the government, signature, stamp of the Chief Executive
H. using forged signature, seal or stamp
I. making, importing and uttering false coins
○ counterfeiting: imitation of legal or genuine coin such as to deceive an
ordinary person in believing it to be genuine
X. mutilation of coins
○ mutilation: to take off part of the metal either by filling it or substituting it
for another metal of inferior quality
○ unlike counterfeiting, mutilated coin is of legal tender
Y. selling of false or mutilated coin, without connivance
m. forging treasury/bank notes/other documents payable to bearer A.166
○ ways of committing forgery
G. by giving to a treasury/bank note/any instrument payable to bearer or
to order mentioned therein, the appearance of a true and genuine
document
H. by erasing, substituting, counterfeiting or altering, by means the
figures, letters, words or sign contained therein
n. counterfeiting, importing and uttering instruments not payable to bearer
q. illegal possession AND use of false treasury or bank notes and other
instruments of credit A.168
○ elements
 G. any treasury/bank note/certificate/other obligation and security
payable to bearer/any instrument payable to other/other document of
credit not payable to bearer is forged or falsified by another person
H. offender knows that any of the said instruments is forged or falsified
I. he either used or possessed with intent to use, any of such forged or
falsified instruments
◆ SC: mere possession is not a criminal offense; there must be
intent to use
r. falsification of legislative documents
Gs. falsification by public officer, employee; or notary or ecclesiastical minister A.
170
○ falsification has no attempted stage
◆ consummated the moment the genuine document is altered
◆ there may be frustrated stage if the falsification is imperfect
○ elements
G. that the offender is a public officer, employee or notary public
H. that he takes advantage of his official position
◆ has duty to make/prepare/intervene in the preparation of the
document
◆ has the official custody of the document
I. that he falsifies a document by committing any of the ff acts
◆ counterfeiting or imitating any handwriting, signature or rubric
– elements
G. that there be intent to imitate/attempt to imitate
H. the 2 signatures/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
– elements
G. that the offender caused it to appear in a document that a
person/s participated in an act/proceeding
H. such person/s did not in fact so participate
◆ attributing to persons who have participated in an act or
proceeding statements other than those in fact made by them
– elements
G. that a person/s participated in an act/proceeding
H. such person/s made statements in such
I. the offender, in making a document, attributed to such
person/s statements other than those in fact made by
them
◆ making untruthful statements in a narration of facts
– elements
G. that the offender makes in a document untruthful
 G.
statements in a narration of facts
H. that he has legal obligation to disclose the truth of the
facts narrated by him
◆ there must be a law
I. facts narrated are absolutely false
X. untruthful narration must be such as to affect the integrity
of the document/to change the effects which it would
otherwise produce
– must not be subscribed and sworn (if so, perjury, not
falsification)
◆ altering true dates
– date must be essential in the document
◆ making any alteration or intercalation in a genuine document
which changes its meaning
– elements
G. that there be change/insertion on a document
H. said document is genuine
I. alteration/intercalation had changed the meaning of the
document
X. change made the document speak something false
– if change reflected the truth, no falsification
◆ issuing in authenticated form a document purporting to be copy of
an original document when no such original exists or including in
such copy a statement contrary to, or different from, that of the
genuine original
– officer must have taken advantage of his position
◆ intercalating any instrument or note relative to the issuance
thereof in a protocol, registry or official book
X. in case of ecclesiastical minister
◆ falsification is committed with respect to any record or document
of such character that its falsification may affect the civil status of
persons
GG. falsification by private individuals and use of falsified documents A.171
○ good faith is a defense (no one was prejudiced by alteration/error)
○ falsification of public, official or commercial documents
◆ elements
G. offender is a private individual OR public officer/employee who did
not take advantage of his position
H. he committed any act of falsification above
I. it is committed in a public, official, commercial document or letter
of exchange
◆ public: any instrument notarized by a notary public/competent
public official with solemnities required by law
 ◆ official: any instrument issued by the govt/its agents/officers
having authority/offices authorized
◆ commercial: any instrument executed in accordance with
COC/any mercantile law containing disposition of commercial
rights/obligations
◆ damage is presumed (not essential to be proven)
◆ can be complexed with another crimes; ex. estafa
○ falsification of private document
◆ elements
G. offender committed any of the acts of falsification except 171(7)
◆ he counterfeited the document
H. it was committed in any private document
◆ private: deed/instrument by a private person without the
intervention of a notary public/of any other person legally
authorized
I. falsification caused damage to a 3rd party, or at least was
committed with intent to cause damage
◆ damage required to be proven; performance of independent acts
which prejudice a third person
◆ no complex crime of estafa through falsification of private document
– if falsification is required to commit estafa>>crime is falsification
of private document
– if estafa can be committed without falsification>>crime is estafa
○ use of falsified document
◆ introducing in a judicial proceeding
– elements
G. offender knew that the document was falsified by another
person
H. falsified document is done under Art 171 or 172(1, 2)
I. he introduced said document in evidence in a judicial
proceeding
– damage is presumed
◆ use in any other transaction
– elements
G. offender knew that a document was falsified by another
person
H. false document is embraced in Art 171 or 172(1,2)
I. he used such document
X. use caused damage to another, or at least used with intent to
cause damage
◆ SC: law presumes that the possessor and user of falsified documents
is the one who falsified such
– use was so closely connected in time with the falsification AND
 – user had the capacity of falsifying the document
GH. falsification of wireless, cable, telegraph and telephone messages and use of
said falsified messages
GI. false medical certificates, false certificates of merits or service, etc. A.174
○ issuance of false certificate by a physician/surgeon in connection with
practice of profession
○ issuance of false certificate of merit/service/good conduct by a public
officer
◆ intent to gain is immaterial
○ falsification by a private person of any certificate of above 2
GX. using false certificates A.175
○ elements
G. physician/surgeon had issued a false medical certificate, or public
officer issued a false certificate of merit/service, or private person
falsified had falsified any of the foregoing
H. offender knew that the certificate was false
I. he used the same
○ this is different crime from use of falsified public, private, commercial,
official document (Art 172)
GY. manufacturing and possession of instruments or implements for falsification

Other falsities
G. usurpation of authority or official functions A.177
○ usurpation of authority
◆ knowingly and falsely representing oneself to be an officer, agent,
representative of any department/agency of the PH or foreign govt
○ usurpation of official functions
◆ elements
G. performing any act pertaining to:
◆ any person in authority
◆ public officer of PH or foreign govt
◆ any agency of PH or foreign govt
H. under the pretense of official position
I. without being lawfully entitled to do so
○ SC: may apply to public officers or private individuals
H. using fictitious name and concealing true name
I. illegal use of uniforms or insignia
X. false testimony against a defendant A.180
○ elements
G. there is a criminal proceeding
H. offender testifies falsely under oath against defendant therein
I. offender who gives false testimony knows that it is false
◆ not necessary that it is considered by the court
 X. defendant against whom false testimony is given is either acquitted/
convicted in a final judgment
◆ if convicted, must be sentenced to a least correctional penalty/
fine
Y. false testimony favorable to the defendants A.181
○ elements
G. person gives a false testimony
◆ rectification thereafter exonerates him
◆ also applies to defendant himself
– SC: not mere denial, he must impute to some other person the
commission of the offense
H. said testimony is in favor of the defendant
◆ conviction/acquittal is not necessary
I. testimony is made in a criminal proceeding
m. false testimony in civil cases A.182
○ elements
G. testimony must be given in a civil case
H. must relate to the issues presented in the said case
◆ must be material to the charge against defendant (who is the
offender??)
I. must be false
◆ if there is pending determination of falsity, criminal case must be
suspended
X. must be given by the defendant knowing the same to be false
Y. must be malicious and given with intent to affect issues presented in
the case
○ not applicable in special proceedings
n. false testimony in other cases and perjury in solemn affirmation A.183
○ perjury: willful and corrupt assertion of falsehood under oath or
affirmation administered by authority of law on a material matter
◆ good faith is a defense
◆ no subornation of perjury (both are charged as principals of perjury)
○ modes
◆ false testimony under oath
– venue: place where testified
◆ making a false affidavit
– venue: place where notarized
○ elements
G. accused made a statement under oath or executed an affidavit upon a
material matter
H. statement/affidavit was made before a competent officer, authorized
to receive and administer oath
I. accused made a willful and deliberate assertion of a falsehood on said
 I.
statement/affidavit
X. sworn statement/affidavit containing the falsity is required by law
◆ statement need not be actually required (but must be authorized
by law)
q. offering false testimony in evidence

Fraud
G. machinations in public auctions
H. monopolies and combinations in restraint of trade
I. importation and disposition of falsely marked articles or merchandise made of
gold, silver or other precious metals or their alloys

Crimes against persons

G. parricide A.246
○ elements
G. a person is killed
H. the deceased is killed by the accused
I. deceased is the ff. of the accused
◆ legitimate/illegitimate father
◆ legit./illegit. mother
◆ legit./illegit child
– must be at least 3 days old; if not, infanticide
◆ other legitimate ascendant
– direct line only
◆ other legitimate descendant
– direct line only
◆ legitimate spouse
– mere fact of lack of marriage contract does not invalidate
marriage; presumption that persons living together as
husband and wife are married to each other
○ relationship must be alleged and proved; if not, treated as ordinary
aggravating only
○ law does not require that offender has prior knowledge of his relationship
with the victim
○ if offender has a conspirator, the conspirator shall be liable for homicide/
murder (lack of relationship)
H. death/physical injuries inflicted under exceptional circumstances A.247
○ does not define a felony
○ there is criminal liability but offender is exempt (absolutory cause)
◆ not from civil liability
○ elements
G. a legally married person or parent surprises his spouse/daughter in
the act of committing sexual intercourse with another person
 ◆ “surprise”: suddenly or unexpectedly
◆ daughter must be under 18 years and living with her parents
◆ parent need not to be legitimate
H. he/she kills any or both of them, or inflicts injury upon any or both of
them any serious physical injury in the act or immediately thereafter
◆ if less serious/slight physical injuries, no criminal liability
◆ “immediately thereafter”: discovery, escape, pursuit and killing
must all form part of 1 continuous act
I. that he has not promoted or facilitated the prostitution of his wife/
daughter, or that he/she has not consented to the infidelity of others
I. murder A.248
○ elements
G. that a person was killed
H. the accused killed him
I. killing was attended by any of the qualifying circumstances
X. killing is not parricide or infanticide
○ qualifying circumstances
◆ with treachery, taking advantage of superior strength, with aid of
armed men, or employing means to weaken the defense or means/
persons to insure or afford impunity
– includes by a band
◆ in consideration of price, reward or promise
– affects also the giver
◆ by means of inundation, fire, poison, explosion, shipwreck, stranding
on a vessel, derailment or assault upon a railroad, fall of an airship, by
motor vehicles, or with the use of any other means involving great
waste and ruin
– only if used with intent to kill another; if intention is to destroy
property and somebody died, crime is arson
– poison is inherent in treachery and evident premeditation
◆ on occasion of any of the calamities above, or of an earthquake,
eruption of volcano, destructive cyclone, epidemic, or other public
calamity
– must take advantage of the calamity
◆ with evident premeditation
◆ with cruelty, by deliberately and inhumanly augmenting the suffering
of the victim, or outraging or scoffing at his person or corpse
– outraging: physical act to commit an extremely vicious or deeply
insulting act
– scoffing: any verbal act implying a showing of irreverence
◆ while under the influence of prohibited drugs (RA 9165)
○ only 1 qualifying circumstance necessary
◆ others shall be either absorbed (if can be absorbed) OR treated as
 ◆
generic aggravating circumstances
○ qualifying circumstances must be alleged and proven
◆ if not proven, cannot be convicted of murder
X. homicide A.249
○ elements
G. a person is killed
H. accused killed him without any justifying circumstance
I. accused had intention to kill
◆ presumed if someone died
◆ intent to kill is only important in frustrated/attempted stage;
factors
– means used
– nature, location, number of wounds sustained by victim
– conduct of malefactors before, at the time of, or immediately
after the killing
– circumstances under which the crime is committed
– motive of accused
– words uttered at the time inflicting injuries to victim
◆ if no intent to kill in frustrated/attempted stage, crime may only be
physical injuries
X. killing was not attended by any of the qualifying circumstances of
murder, or by that of parricide or infanticide
◆ common law spouses>homicide (but see above parricide)
○ illegal possession of firearms is absorbed in homicide, not separate crime
Y. death caused in a tumultuous affray A.251
○ elements
G. there be several or at least 4 persons
◆ these persons are quarrelling each other
◆ if there is only 1 person attacked by a group, crime is murder
H. they are not composed of groups organized for the common purpose
of assaulting and attacking each other reciprocally
◆ if persons belong to 1 group, liable as co-conspirators
◆ crime does not apply if there is a concerted fight between 2
organized groups
◆ ex. fraternities
I. someone was killed in the course of the affray
◆ need not be a participant
X. it cannot be ascertained who actually killed the deceased
◆ if known, crime is homicide
Y. person/s who inflicted serious injuries or who used violence can be
identified
◆ these people shall be liable
m. physical injuries inflicted in a tumultuous affray A.252
n. giving assistance to suicide A.253
○ acts
G. assisting another to commit suicide
◆ whether or not suicide is consummated
H. lending assistance to another to commit suicide to the extent of doing
the killing himself
◆ euthanasia is not lending assistance (practice of painlessly putting
into death a person suffering from incurable disease)
○ person who commits suicide does not incur criminal liability
q. discharge of firearms A.254
○ elements
G. offender discharges a firearm against another person
H. offender has no intention to kill the person
◆ purpose is to intimidate/frighten the offended party
r. infanticide A.255
○ elements
G. a child was killed
H. deceased child was less than 3 days old or less than 72 hours of age
◆ must be born alive and fully developed; can sustain an
independent life
I. accused killed the child
◆ regardless of relationship to the child
◆ if parent/grandparent, penalty for parricide (RP to death)
◆ if stranger, penalty for murder (RP to death din)
– if above conspired, all are liable for infanticide
○ if child was killed to conceal dishonor, merely lowers penalty (mitigating)
◆ only if done by mother (PM) or maternal grandparents (RT)
○ if child was abandoned without intent to kill, but death resulted>>crime is
abandoning a minor
Gs. intentional abortion A.256
○ acts punishable
◆ using any violence upon the person of the pregnant woman
◆ administering drugs/beverages upon such pregnant woman without
her consent
◆ administering drugs/beverages with the consent of the pregnant
woman
○ elements
G. there is a pregnant woman
H. any of the acts above were done
I. as a result of such, fetus dies, either in the womb, or after having been
expelled therefrom
◆ if fetus could sustain life outside the womb, crime is infanticide
X. abortion is intended
 ◆ offender must know that the woman is pregnant
◆ offender may be another person, or along with the pregnant
woman, if she consented
○ if mother dies/suffers physical injuries>>complex crime of murder/physical
injuries with abortion
GG. unintentional abortion A.257
○ elements
G. there is pregnant woman
H. violence is used upon such pregnant woman without intending an
abortion
◆ must come from a third person
I. violence is intentionally exerted
◆ mere intimidation is not sufficient
– if intimidation, crime is light threats
◆ poison does not equate to violence
X. as a result, fetus dies either in the womb or after having been expelled
therefrom
GH. abortion practiced by the woman herself or by her parents A.258
○ to conceal dishonor, mitigating on part of woman only (not parents)
GI. abortion practiced by a physician or midwife and dispensing of abortives A.
259
○ if abortion not intended, no criminal liability
○ if woman is not really pregnant, impossible crime
GX. duel A.260
○ there must be seconds who shall make selection of arms and fix all
conditions of the fight
GY. challenging to a duel A.261
Gm. mutilation A.262
○ always intentional; there must be no intent to kill
Gn. serious physical injuries A.263
○ there must be no intent to kill
○ always in consummated stage
○ modes
◆ wounding
◆ beating
◆ assaulting
◆ administering injurious substance
○ when is physical injuries considered serious?
G. injured person becomes insane, imbecile, impotent or blind
H. injured person
◆ loses use of speech, power to hear or smell, or an eye, a hand, a
foot, an arm, a leg
◆ loses use of any such member
 ◆ becomes incapacitated for work in which he was habitually
engaged in as a consequence of injuries
I. injured person
◆ becomes deformed
– physical ugliness, permanent and definite abnormality,
conspicous and visible
◆ loses any other member of his body
◆ loses the use thereof
◆ becomes ill or incapacitated for labor for more than 90 days as a
result of physical injuries inflicted
X. becomes ill or incapacitated for labor for more than 30 days as a
result of physical injuries inflicted
◆ but not more than 90 days
○ qualifying circumstances
◆ committed by any persons referred to in the crime of parricide
◆ any of circumstance of qualifying murder attended the commission
Gq. administering injurious substances or beverages A.264
Gr. less serious physical injuries A.265
○ elements
G. offended party is incapacitated for labor for 10 days or more, but not
more than 30 days
◆ or shall require medical attendance for the same period of time
– there must be proof to the period of the required medical
attendance
H. physical injuries must not be those described as serious physical
injuries
○ qualifying circumstances
◆ there is manifest intent to insult/offend the injured person
◆ there are circumstance adding ignominy to the offense
◆ victim is the offenderʼs parents, ascendants, guardians, curators,
teachers
◆ victim is a person of rank/person in authority
– crime must not be direct assault (how?)
Hs. slight physical injuries and maltreatment A.266
○ kinds
G. physical injuries incapacitated the offended party for labor from 1-9
days, or required medical attendance during the same period
H. did not prevent the offended party from engaging in his habitual work,
or which did not require medical attendance
I. ill-treatment of another by deed without causing injury
◆ act of slapping; must be without intent to cast dishonor, or
humiliate/embarrass (if so, crime is slander by deed)
○ in absence of proof of incapacity for labor/required medical attendance,
 ○
crime is presumed to be slight physical injuries
HG. rape A.266-A
○ rape by a man who shall have carnal knowledge of a woman
◆ elements
G. offender is a man
H. offender had carnal knowledge of the woman
◆ touching alone of the genitals, mons pubis is only attempted
rape
◆ there must be penetration, even if slight
I. act is accomplished under any of the ff circumstances
◆ through force, threat, intimidation
– SC: force is relative, present if it allowed offender to
consummate his purpose
◆ offended party is deprived of reason, or is unconscious
– SC: deprived of reason refers to mental abnormality,
deficiency, retardation
◆ by means of fraudulent machination/grave abuse of authority
◆ offended party is under 12 years, or is demented (statutory
rape)
– even though none of preceding is present
○ rape by sexual assault
◆ elements
G. offender commits an act of sexual assault
H. act is committed by any of the ff means
◆ inserting his penis into another personʼs mouth or oral orifice
◆ inserting any instrument or object into the genital or oral
orifice of another person
I. act is accomplished under any of the ff circumstances
◆ through force, threat, intimidation
◆ offended party is deprived of reason, or is unconscious
◆ by means of fraudulent machination/grave abuse of authority
◆ offended party is under 12 years, or is demented (statutory
rape)
◆ not necessarily included in rape through carnal knowledge
○ qualifying circumstances
G. by reason or on occasion of rape, homicide is committed
◆ composite crime: rape with homicide
H. victim is under 18, and offender is a parent/ascendant/step-parent/
guardian/relative by consanguinity or affinity within the 3rd civil
degree/common law spouse of victimʼs parent
◆ list is exclusive (stepbrother/sister relationship not included)
◆ in incestuous rape, proof of force and violence is not essential;
moral ascendancy/parental authority takes place of such
 I. victim is under the custody of police/military authorities or any law
enforcement/penal institution
X. rape is committed in full view of husband, parent, any of the children
or other relatives within the 3rd civil degree of consanguinity
Y. victim is engaged in legitimate religious vocation/calling
◆ personally known as such to by the offender before/after
commission of the crime
m. victim is a child below 7 yrs
n. offender knows that he is inflicted with HIV/AIDS or any sexually
transmissible disease AND
◆ virus/disease is transferred to the victim
q. when committed by any member of the AFP/paramilitary units/PNP/
any law enforcement agency/penal institution
◆ offender took advantage of his position to facilitate the
commission of the crime
r. by reason/occasion of rape, victim has suffered permanent physical
mutilation or disability
Gs. offender knew of the pregnancy of the victim at the time of rape
GG. 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
○ each and every charge of rape is a separate and distinct crime
◆ must prove each count
○ crime of rape cannot be filed together with Sec. 5(b) of RA 7610
◆ SC: would amount to double jeopardy
◆ cannot be also complexed (RPC+special law, cannot be)
○ proof of attempted rape
◆ SC: erectile penis is in position to penetrate, or offender actually
commence to force his penis in victimʼs sexual organ
◆ if cannot be proven, crime is merely acts of lasciviousness
○ date and time is not an essential element of rape
◆ relevant only as to accuracy and truthfulness of complainantʼs
narration
◆ delay in reporting does not diminish credibility
○ there can be marital rape; wife does not want to have sexual intercourse
with husband
○ SC: if victim cannot specifically identify if the penis entered her organ or
an object, then crime would be rape by sexual assault
○ now crime against persons; consent of offended party is no longer
necessary
○ sweetheart theory—must be supported by convincing proof
◆ should be substantiated by some documentary or other evidence of
relationship such as notes, gifts, pictures, mementos
 ○ rape shield rule: character of woman is immaterial in rape
○ maria clara doctrine: Filipino women would not admit that they have been
abused unless abuse had actually happened
◆ SC: courts must not rely solely on the Maria Clara stereotype; Filipino
women have evolved into strong and intelligent persons
○ effect of pardon on criminal liability
◆ offended woman subsequently married the offender, criminal liability
is extinguished

Crimes against personal liberty and security

G. kidnapping and serious illegal detention A.267
○ elements
G. offender is private individual who is not any of the parents of the
victim
◆ must not be also a public officer with authority to arrest or detain
(crime will be arbitrary detention)
H. he kidnaps/detains another, or in any other manner deprives the latter
of his liberty
◆ SC: if child is victim, includes deprivation of custody from parents
◆ subsequent disappearance of victim will not exonerate the
accused
I. act of detention/kidnapping must be illegal
X. in commission of offense, any of the ff must be present:
◆ kidnapping/detention lasts for more than 3 days
◆ committed simulating public authority
◆ any serious physical injuries are inflicted, or threats to kill him are
made
◆ person kidnapped/detained is a minor, female or public officer
○ qualifying circumstances
G. purpose of the kidnapping is to extort ransom
◆ sc: duration of detention is immaterial
◆ may also be kidnapping for ransom with homicide
H. victim is killed, or dies as a consequence of detention
◆ special complex crime of kidnapping with homicide
◆ even if multiple persons were killed, no double etc homicide; only
1
◆ if a person other than victim was killed, 2 separate crimes of
homicide and kidnapping
I. victim is raped
◆ scc of kidnapping with rape
– rape must be consummated; if attempted, 2 separate crimes
◆ only 1, no matter how many rapes have been committed
◆ may also be kidnapping with homicide and rape
 ◆ SC: conspirator for kidnapping will not be liable for a subsequent
rape if he is no longer associated with other conspirators
X. victim is subject to torture or dehumanizing acts
◆ kidnapping with physical injuries
○ actual intent of malefactors must be deprivation of liberty
◆ restraint of freedom of action must not be merely incident to another
offense intended by offenders
◆ if deprivation of liberty is only incidental, crime committed is one
intended
○ effect of voluntary release of victim: no effect (also in kidnapping for
ransom)
H. slight illegal detention A.268
○ elements
G. offender is a private individual
H. he kidnaps/detains another, or in any manner deprives him of his
liberty
I. act of kidnapping/detention is illegal
X. crime is committed without the attendance of circumstances of
serious illegal detention (#4)
○ voluntary release of victim mitigates criminal liability of offenders
◆ release must be within 3 days from detention
◆ they must not attain their purpose
◆ it is made before the institution of the criminal proceedings
I. unlawful arrest A.269
○ arrest must be for the purpose of delivering the victim to proper
authorities; if not, the crime is illegal detention
X. kidnapping and failure to return a minor A.270
○ elements
G. offender is entrusted with the custody of a minor
◆ may also be committed by a parent from another
H. he deliberately fails to restore the said minor to his parents/guardians
○ absent any element and provided offender is not a parent, crime shall be
kidnapping and serious illegal detention
Y. inducing a minor to abandon his home A.271
m. slavery A.272
n. exploitation of child labor A.273
○ elements
G. offender retains a minor in his service
H. it is against the will of the minor
I. it its under the pretext of reimbursing himself of a debt incurred by an
ascendant, guardian, person entrusted with custody of such minor
q. services rendered under compulsion in payment of debt A.274
○ elements
 G. offender compels a debtor to work for him, either as household
servant/farm laborer
H. it is against the debtorʼs will
I. purpose is to require/enforce the payment of a debt
◆ if no creditor-debtor relationship, crime is coercion
r. abandonment of persons in danger and abandonment of oneʼs own victim A.
275
Gs. abandoning a minor A.276
GG. abandonment of minor by person entrusted with his custody A.277
GH. exploitation of minors A.278
GI. qualified trespass to dwelling A.280
○ elements
G. offender is a private person
◆ if public officer, crime is violation of domicile
H. he enters the dwelling of another
◆ may also be committed by owner if they have boarders/tenants
I. such entrance is against the latterʼs will
◆ there must be express/implied prohibition
◆ examples of implied
– entering at late hour of the night
– made through means not intended for ingress
– existence of enmity/strained relations between accused and
occupant
– door is closed
○ qualifying circumstance
◆ committed with violence or intimidation
○ trespass yields to the more serious crime
◆ if purpose shown: absorbed
◆ if purpose not shown: separate crimes
○ when entry is not considered as trespass
G. purpose is to prevent serious harm to himself, occupant or third
persons
H. purpose is to render some service to humanity or justice
I. entry in cafes, taverns, inns and other public houses while open
GX. other forms of trespass A.281
GY. grave threats A.282
Gm. light threats A.283
Gn. other light threats A.285
Gq. grave coercions A.286
○ elements
G. a person has been
◆ prevented by offender from doing something not prohibited by
law, or
 ◆ compelled by offender to do something against his will
– whether it is right or wrong
H. prevention or compulsion is effected by violence, threats or
intimidation
◆ threat—must be present, clear, imminent, actual
I. offender had no authority or right to do so
○ consummated even if offended party did not accede to the purpose of
coercion
○ unlike illegal detention (deprivation of liberty), basis of criminal liability in
coercion is employment of violence/intimidation without authority
○ qualifying circumstances
◆ committed in violation of exercise of right of suffrage
◆ committed to compel/prevent another to perform any religious act
Gr. light coercions A.287
○ light coercion
◆ elements
G. offender is a creditor
H. he seizes anything belonging to his debtor
I. seizure of thing is accomplished by means of violence or display
of material force producing intimidation
◆ if no violence, unjust vexation only
X. purpose is to apply the thing to payment of debt
○ other light coercion / unjust vexation
◆ any act committed without violence or material harm but which
unjustifiably annoys or vexes an innocent person
– must have caused annoyance, irritation, vexation, torment,
distress, disturbance to the offended party
Hs. other similar coercions A.288
○ forcing/compelling laborer/employee to purchase merchandise or
commodities from offender
◆ elements
G. offender is any person, agent, officer of any association/
corporation
H. he or such firm/corporation has employed laborers/employees
I. her forces/compels directly or indirectly, or knowingly permits to
be forced/compelled any of his/its laborers/employees to
purchase merchandise/commodities of any kinds from him/firm/
corporation
○ paying wages due by means of tokens or objects other than legal tender
◆ elements
G. offender pays the wages due a laborer/employee employed by him
by means of tokens or object
H. tokens/object are other than the legal currency of the PH
 I. such laborer/employee does not expressly request that he be paid
by means of tokens/objects
HG. formation, maintenance, prohibition of combination of capital/labor through
violence or threats A.289
HH. discovering secrets through seizure of correspondence A.290
HI. revealing secrets with abuse of office A.291
HX. revelation of industrial secrets A.292

Crimes against property

G. robbery A.293
○ elements
G. there is personal property belonging to another
◆ need not be owner, legal possession is sufficient
H. there is unlawful taking of that property
◆ if property is given in trust, and unlawfully taken>>crime is estafa
◆ must not be under claim of title/ownership
I. taking must be with intent to gain
◆ presumed
X. there is violence against or intimidation of any person, OR force upon
things
◆ must take place before the taking
– except if violence resulted in homicide, rape, intentional
mutilation, any of serious physical injuries
○ robberies in different houses are separate offenses
○ when consummated
◆ if with violence against or intimidation: from the moment offender
gains possession of the thing
◆ if with force upon things: thing must be taken out of the building or
premises
H. robbery with violence against or intimidation of persons A.294
○ special complex crime
○ acts punished
◆ by reason/on occasion of robbery, homicide is committed
– intent to take personal property must precede before the killing
◆ if robbery is afterthought, 2 separate crimes of robbery and
homicide
– applies even if killing is by mere accident
– no crime of robbery with multiple homicide
◆ only 1 scc even if multiple persons are killed
– does not matter who was killed (even if not the victim)
– if rape, intentional mutilation, arson is also committed, crime is
still robbery with homicide
– “homicide” includes parricide and murder
 – may be complexed with robbery with force upon things
◆ robbery is accompanied by rape, intentional mutilation, arson
– intent to take personal property must precede
– rape must be consummated
– if multiple rape, other instances shall be considered as
aggravating (ignominy)
– if there is conspiracy, others shall equally culpable for rape
committed by others
◆ unless one proves that he endeavored to prevent the others
from committing rape
◆ by reason or on occasion of robbery serious physical injuries have
been inflicted
◆ violence/intimidation employed is clearly unnecessary for the
commission of robbery
◆ violence employed does not cause serious physical injuries, or if
offender employs intimidation only
○ qualifying circumstances A.295
◆ does not apply in robbery with homicide, intentional mutilation, rape,
serious physical injuries resulting in insanity/imbecility/impotency/
blindness
G. in an uninhabited place
H. by a band
◆ at least 4 armed malefactors
◆ qualifying: if unlicensed firearm is used
– without prejudice to liability for illegal possession of firearms
◆ member shall be liable for any of assaults committed by other
members, provided
G. he was present at the commission of the robbery
H. other members committed an assault
I. he did not attempt to prevent the assault
I. by attacking a moving train, street car, motor vehicle, airship
X. by entering passengersʼ compartments in a train, or in any manner
taking the passengers by surprise
Y. on a street, road, highway, alley, and intimidation is made with the use
of firearms
I. execution of deeds by means of violence or intimidation A.298
○ elements
G. offender has intent to defraud another
H. offender compels him to sign, execute or deliver any public
instrument/document
◆ whether private or commercial document
I. compulsion is by means of violence/intimidation
X. robbery in an inhabited house/public building/edifice dedicated to worship A.
X.
299
○robbery with force upon things
○2 kinds
◆ offender is outside the inhabited house/public building/edifice;
elements
G. offender entered an inhabited house, public bldg, edifice devoted
to religious worship
◆ whole body of culprit must be inside to constitute entering
H. entrance was effected by any of the ff means
◆ through an opening not intended for entrance/egress
◆ breaking any wall, roof, floor, door or window
◆ using false keys, picklocks or similar tools
◆ using any fictitious name or pretending the exercise of public
authority
I. once inside, offender took personal property belonging to another
with intent to gain
◆ offender is inside the inhabited house/public building/edifice;
elements
G. offender is inside the inhabited house/public building/edifice
devoted to religious worship
◆ regardless of how he entered it
H. offender takes personal property belonging to another, with intent
to gain, under any of the ff
◆ breaking of doors, wardrobes, chests or any other kind of
locked/sealed furniture or receptacle or door
– “door”: doors, lids, opening sheets of furniture or portable
receptacles
◆ taking such furniture/objects away to be broken/forced open
outside the place of the robbery
– if it is not taken away and opened inside the building,
crime is estafa
○ qualifying circumstance
◆ if committed in an uninhabited place AND by a band
Y. robbery in an uninhabited place or in a private building A.302
○ elements
G. offender entered an uninhabited place or private building
◆ if store is used as dwelling, considered as inhabited place; A.299
shall apply
H. any of the ff are present
◆ entrance was effected through an opening not intended for
entrance/egress
– if entered through an open door, or unlocked door, crime is
only theft
 ◆ wall, roof, floor or outside door or window was broken
– must be for entrance
◆ entrance was effected through the use of false keys, picklocks or
other similar tools
◆ door, wardrobe, chest or any sealed/closed furniture or receptacle
was broken
◆ closed/sealed receptacle was removed
– even if same was broken open elsewhere
I. with intent to gain, offender took therefrom personal property
belonging to another
m. robbery of cereals, fruits or firewood in an uninhabited place/private building
A.303
n. possession of picklocks or similar tools A.304
○ elements
G. offender has in his possession picklocks/similar tools
H. such picklocks or similar tools are specially adopted to the
commission of robbery
I. offender does not have lawful cause for such possession
○ possession of false keys below are not punishable
◆ genuine keys stolen from the owner
◆ any key other than those intended by owner for use in the lock forcibly
opened by the offender
– if these keys are entrusted to offender, crime is theft
q. brigandage A.306
○ elements
G. there be at least 4 armed malefactors
H. they formed a band of robbers
I. purpose is any of the ff
◆ to commit robbery in the highway
– PD532 highway robbery: seizure for ransom, extortion or
other unlawful purposes OR taking away of property by means
of violence or unlawful means on any PH highway
◆ to kidnap persons for the purpose of extortion or to obtain ransom
◆ to attain by means of force or violence any other purpose
○ mere formation is punished
○ punishes indiscriminate robbery in the highway
r. aiding and abetting a band of brigands A.307
○ considered as accomplices
Gs. theft A.308
○ elements
G. there is taking of personal property
◆ if check is taken but bounced, crime is impossible crime
◆ taking deemed complete from moment offender gains possession
 ◆
of the thing
◆ damage is not an element
H. property taken belongs to another
◆ only physical/material possession is transferred
– in estafa, both material and juridical possession are
transferred
I. taking was done with intent to gain
X. taking was done without consent of the owner
◆ different from with knowledge
Y. taking is accomplished without use of violence against, or intimidation
of persons OR force upon things
○ also committed under the ff circumstances
G. those having found lost property, fail to deliver the same to the local
authorities or to its owner
◆ “lost” includes stolen properties
◆ finder in fact only obtains physical possession; he has duty to
return
– SC: one who receives property from finder assumes by
voluntary substitution, as to the property and the owner, the
relation occupied by the finder, placing himself in the finder's
stead
H. those after having maliciously damaged the property of another, shall
remove/make use of the fruits or object of the damage caused by
them
I. those who enter an enclosed estate/field where trespass is forbidden
or which belongs to another and, without consent of owner, hunt/fish
upon the same, or gather fruits, cereals, other forest/farm products
GG. qualified theft A.310
○ qualifying circumstance of theft (2 degrees higher)
G. committed by domestic servant
H. committed with grave abuse of confidence
◆ bank clerks only have material possession of deposits received in
behalf of bank
– juridical possession remains with bank; j.p.—possession which
gives the transferee a right over the thing which he may set
up against the owner
I. property stolen is a motor vehicle, mail matter, large cattle
◆ horse is large cattle
X. property stolen consist of coconuts taken from the premises of a
plantation
◆ rel. PD 705, forest products from any forest land, or timber from
alienable/disposable public or private land without authority,
license, permit, lease
 Y. property stolen is fish taken from fishpond/fishery
m. property is taken on occasion of fire, earthquake, typhoon, volcanic
eruption, any other calamity, vehicular accident, civil disturbance
GH. theft of property of the National Library and National Museum A.311
GI. occupation of real property or usurpation of real rights in property A.312
○ elements
G. offender either
◆ takes possession of any real property
◆ usurps any real rights in the property
H. real property or real rights belongs to another
I. violence against or intimidation of persons is used by the offender
◆ if killing was used in order to occupy the property, no separate
charge of homicide (absorbed)
◆ if person was killed after offender already occupied property,
liable for usurpation and homicide
◆ if there is no violence or intimidation, civil liability only
X. there is intent to gain
◆ if owner is the offender, no intent to gain; not liable for usurpation
GX. altering boundaries or landmarks A.313
GY. fraudulent insolvency A.313
Gm. swindling/estafa A.315
○ elements
G. accused defrauded another by abuse of confidence or by means of
deceit
H. damage or prejudice capable of pecuniary estimation is caused to the
offended party/third person
○ estafa can only be committed through dolo; not culpa
○ demand is condition precedent
◆ exception
– offenderʼs obligation is subject to a perod
– accused cannot be located despite due diligence
○ if there is novation, it must happen before criminal liability is incurred
○ acts punished
◆ with unfaithfulness or abuse of confidence
– fraud not an element
– continuing offense
– modes
G. altering substances, quantity, quality of anything of value
which offender has an onerous obligation to deliver
◆ even if based on immoral or illegal consideration
H. misappropriation or conversion of money, goods or personal
property
◆ elements
 G. money, good or other personal property is received by
offender in trust, on commission, for administration,
or under obligation to deliver/return the same
H. there is misappropriation or conversion of such
money/property by the offender, or denial on his part
of receipt of such
◆ even though totally/partially guaranteed by a
bond
I. such misappropriation, conversion or denial is to the
prejudice of another
X. there is demand made by the offended party to the
offender
◆ not necessary if there is evidence of
misappropriation
◆ there must be both material and juridical possession on
part of offender; if physical only, theft
◆ money market placement partakes of a loan, not liable for
estafa
◆ essence is misappropriation or conversion
I. taking undue advantage of signature of offended party in
blank, and writing any document any document above such
signature, to the prejudice of offended party/any third person
◆ by false pretenses/fraudulent acts executed prior to, or
simultaneously with the commission of the fraud
– modes
G. using a fictitious name, or falsely pretending to possess
power, influence, qualifications, property, credit, agency,
business, imaginary transactions; other similar deceits
◆ may be charged w/ 2 separate crimes of estafa and illegal
recruitment
H. altering quality, fineness, weight of anything pertaining to his
art or business
I. pretending to have bribed any govt employee
◆ without prejudice to action for calumny
◆ maximum period
X. postdating a check, or issuing a check in payment of an
obligation when offender had no funds in the bank, o his
funds deposit were not sufficient to cover the amount of the
check
◆ failure to deposit amount necessary within 3 days from
receipt of notice of dishonor shall be prima facie evidence
of deceit
◆ demand is required
 ◆ offender must know that he has actual knowledge that the
check is unfunded
◆ applies when check is drawn to enter into an obligation
– no pre-existing obligation (if there is, BP 22)
◆ SC: not necessary that the offender is the maker;
sufficient if he negotiated to check knowing that drawer
has no sufficient funds
◆ if check is not genuine, crime is estafa through
falsification of commercial document
Y. obtaining any food, refreshment or accommodation, credit, or
abandoning or surreptitiously removing any part of baggage
after obtaining above, without paying
◆ through any fraudulent means
– modes
G. induce another, by means of deceit, to sign any document
H. resort to some fraudulent practice to insure success in a
gambling game
I. remove, conceal, destroy, in whole or in part, any court
record, office files, document or any othe papers
○ syndicated estafa
◆ estafa perpetrated by 5 or more persons, and
◆ defraudation results in the misappropriation of moneys contributed by
stockholders, or members of rural banks, cooperatives, samahang
nayon(s), or farmers associations, or of funds solicited by
corporations/associations from the general public
Gn. other forms of swindling A.316
○ acts
G. conveying, selling, encumbering, mortgaging any real property,
pretending to be the owner
H. disposing real property knowing it to be encumbered
◆ elements
G. thing disposed of is real property
H. offender knew that the real property was encumbered
◆ whether recorded or not
I. there must be express representation by offender that the real
property is free from encumbrance
X. act of disposing the real property be made to the damage of
another
I. wrongful taking of personal property from lawful possessor to the
prejudice of latter or a third person
◆ offender is the owner
X. executing any fictitious contract to the prejudice of another
Y. accepting any compensation given to him under belief it was in
 Y.
payment of services/labor when he did not actually perform such
m. selling, mortgaging, encumbering real property while being a surety of
a bond in a cr/cv
◆ without express authority from court or
◆ before being relieved as a surety
Gq. swindling a minor A.317
Gr. other deceits A.318
○ acts
G. defrauding or damaging another by other deceit not mentioned above
H. interpreting dreams, making forecasts, telling fortunes, taking
advantage of the credulity of the public in any other similar manner,
for profit or gain
Hs. removal, sale or pledge of mortgaged property A.319
HG. destructive arson A.320
○ there must be no intent to kill; if so crime is murder by means of fire
○ slightest discoloration of a part of a building is arson
○ simple arson PD 1613
◆ offender burns or sets fire to the property of another
◆ offender sets fire to his own property under circumstances which
expose to danger the life/property of another
○ acts punishable as destructive arson (as amended by RA 7659)
G. any person who shall burn
◆ 1 or more buildings or edifices
– consequent to one single act of burning, or
– as a result of simultaneous burnings, committed on several or
different occasions
◆ any building of public/private ownership, devoted to the public in
general or where people usually gather or congregate for a
definite purpose, or merely incidental to a definite purpose
– regardless whether offender had knowledge that there are
persons in said building/edifice at the time it is set on fire
– regardless whether the building is actually inhabited
◆ any train/locomotive, ship/vessel, airship/airplane, devoted to
transportation or conveyance, or for public use, entertainment or
leisure
◆ any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the service of public
utilities
◆ any building, for the purpose of:
– concealing/destroying evidence of another violation of law
– concealing bankruptcy or defrauding creditors or to collect
from insurance
H. arson is perpetrated/committed by 2 or more persons or by a group of
 H.
persons
◆ regardless of whether their purpose is merely to burn/destroy the
building, or burning merely constitutes an overt act in the
commission or another violation of law
I. any person who shall burn:
◆ any arsenal, shipyard, storehouse or military powder/fireworks
factory, ordinance, storehouse, archives or general museum of the
Government
◆ any storehouse or factory of inflammable or explosive materials, in
an inhabited place
HH. crimes involving destruction A.324
HI. malicious mischief A.327
○ elements
G. offender deliberately caused damage to the property of another
H. such act does not constitute arson or other crimes involving
destruction
I. act of damaging be committed merely for the sake of damaging it
HX. other mischiefs A.329
HY. damage or obstruction to means of communication A.330
Hm. destroying or damaging statues, public monuments or paintings A.331
– exemption from criminal liability in crimes against property
○ only civil liability shall result from theft, swindling, or malicious mischief if
committed/caused mutually by
G. spouses, ascendants and descendants, or relatives by affinity in the
same line
◆ includes stepfather, adopted/natural children, concubine,
paramour
H. widowed spouse
◆ with respect to property which belonged to the deceased spouse
before the same passed to the possession of another
I. brothers and sisters, and brothers/sisters-in-law
◆ if living together
○ does not apply to strangers participating in the offense
○ only applies to simple theft/estafa/malicious mischief, not if complexed
with other crimes

Anti-Violence Against Women and their Children Act of 2004

– RA 9262
– kinds of violence against women and children
G. physical violence
◆ acts that include bodily or physical harm
H. sexual violence
◆ an act which is sexual in nature, committed against a woman or her
 ◆
child; ex.
– rape, sexual harassment, acts of lasciviousness, treating a
woman/her child as a sex object, making demeaning and sexually
suggestive remarks, physically attacking the sexual parts of the
victimʼs body, forcing her/him to watch obscene publications and
indecent shows or forcing the woman/her child to do indecent
acts and/or make films thereof, forcing the wife and mistress/lover
to live in the conjugal home or sleep together in the same room
with the abuser
– acts causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other harm or
threat of physical or other harm or coercion
– prostituting the woman or child
I. psychological violence
◆ acts or omissions causing or likely to cause mental or emotional
suffering of the victim
– ex. intimidation, harassment, stalking, damage to property, public
ridicule or humiliation, repeated verbal abuse and marital infidelity
◆ causing or allowing the victim to witness the physical, sexual/
psychological abuse of a member of the family to which the victim
belongs, or to witness pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted deprivation of the right to
custody and/or visitation of common children
X. economic abuse
◆ acts that make or attempt to make a woman financially dependent
which includes, but is not limited to the following:
– withdrawal of financial support or preventing the victim from
engaging in any legitimate profession, occupation, business or
activity
◆ except in cases wherein the other spouse/partner objects on
valid, serious and moral grounds under the Family Code
– deprivation/threat of deprivation of financial resources and the
right to the use and enjoyment of the conjugal, community or
property owned in common
– destroying household property
– controlling the victimsʼ own money or properties or solely
controlling the conjugal money or properties
– punishable acts
G. causing physical harm to the woman/her child
H. threatening to cause the woman/her child physical harm
I. attempting to cause the woman/her child physical harm
X. placing the woman/her child in fear of imminent physical harm
Y. attempting to compel or compelling the woman/her child to engage in
 Y.
conduct which they have the right to desist from, or desist from conduct
which the woman or her child has the right to engage in, or attempting to
restrict or restricting the womanʼs/her childʼs freedom of movement or
conduct by force or threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against the woman/child
◆ includes, but not limited to, the following acts:
– threatening to deprive or actually depriving the woman/her child
of custody to her/his family
– depriving or threatening to deprive the woman/her children of
financial support legally due her or her family, or deliberately
providing the womanʼs children insufficient financial support
– depriving or threatening to deprive the woman/her child of a legal
right
– preventing the woman in engaging in any legitimate profession,
occupation, business or activity or controlling the victimʼs own
money or properties, or solely controlling the conjugal or common
money, or properties
m. inflicting or threatening to inflict physical harm on oneself for the purpose
of controlling her actions or decisions
n. causing or attempting to cause the woman/her child to engage in any
sexual activity which does not constitute rape, by force or threat of force,
physical harm, or through intimidation directed against the woman/her
child or her/his immediate family
q. engaging in purposeful, knowing, or reckless conduct, personally or
through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child
◆ includes, but not be limited to, the following acts:
– stalking or following the woman/her child in public or private
places
– peering in the window or lingering outside the residence of the
woman/her child
– entering or remaining in the dwelling or on the property of the
woman or her child against her/his will
– destroying the property and personal belongings or inflicting harm
to animals or pets of the woman/her child
– engaging in any form of harassment or violence
r. causing mental or emotional anguish, public ridicule or humiliation to the
woman/her child
◆ including, but not limited to, repeated verbal and emotional abuse,
and denial of financial support or custody of minor children of access
to the womanʼs child/children
– prescriptive period
○ #1-6: 20 years
 ○ 7-9: 10 years
– VAWC is a public offense which may be prosecuted upon complaint of any
citizen having personal knowledge of circumstances of crime
– prohibited defense
○ being under the influence of alcohol, any illicit drug, or other mind-altering
substance
○ cessation of dating relationship prior to the violence
– bws: see Continuing crimes H.O.

Special Protection of Children Against Abuse, Exploitation, and

Discrimination Act
– RA 7610
– children
○ persons below 18 years
○ those over but are unable to fully take care of themselves or protect
themselves from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition
– child abuse
○ maltreatment, whether habitual or not, of the child
◆ SC: it is inconsequential whether the sexual abuse occurred only
once; may be habitual or not
○ includes any of the following:
G. psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment
H. any act by deeds or words which debases, degrades or demeans the
intrinsic worth and dignity of a child as a human being
I. unreasonable deprivation of his basic needs for survival, such as food
and shelter
X. failure to immediately give medical treatment to an injured child
resulting in serious impairment of his growth and development or in
his permanent incapacity or death
– other punishable acts
G. child prostitution and other sexual abuse, and attempt
H. child trafficking, and attempt
◆ trading and dealing with children
– act of buying and selling of a child for money, or for any other
consideration, or barter,
I. obscene publications and indecent shows
X. other acts of neglect, cruelty, exploitation and other conditions prejudicial
to the childʼs development
◆ keep or have in his company a minor, 12 years or under, or who in 10
years or more his junior in any public or private place, hotel, motel,
beer joint, discotheque, cabaret, pension house, sauna or massage
 ◆

parlor, beach and/or other tourist resort or similar place

– does not apply to any person who is related within the 4th degree
of consanguinity or affinity or any bond recognized by law, local
custom and tradition or acts in the performance of a social, moral
or legal duty
Y. establishments/enterprises promoting, facilitating, conducting activities
constituting prohibited acts
m. employment of children
◆ children below 15 shall not be employed; except
– works directly under the sole responsibility of his/her parents/
legal guardian and where only members of his/her family are
employed
◆ neither endangers his/her life, safety, health, and morals, nor
impairs his/her normal development
– employment/participation in public entertainment or information
through cinema, theater, radio, television or other forms of media
is essential
◆ employment contract and compliance with requirements
n. discrimination of children of indigenous cultural communities
q. confidentiality
– who may file
○ offended party
○ parents or guardians
○ ascendant or collateral relative within the 3rd degree of consanguinity
○ officer, social worker or representative of a licensed child-caring
institution
○ officer or social worker of the DSWD
○ barangay chairman of the place where the violation occurred, where the
child is residing or employed
○ at least 3 concerned, responsible citizens where the violation occurred

Safe Spaces Act

– RA 11313
– punishable acts
○ gender-based streets and public spaces sexual harassment A.I
◆ gender-based streets and public spaces SH S.4
– any unwanted and uninvited sexual actions or remarks against any
person regardless of the motive for committing such action or
remarks
◆ catcalling, wolf-whistling, unwanted invitations, misogynistic,
transphobic, homophobic and sexist slurs, persistent
uninvited comments/gestures on a personʼs appearance,
relentless requests for personal details, statement of sexual
 ◆

comments and suggestions, public masturbation or flashing of

private parts, groping, or any advances, whether verbal or
physical
– performed in buildings, schools, churches, restaurants, malls,
public washrooms, bars, internet shops, public markets,
transportation terminals or public utility vehicles
– prescribes in 1, 3, 10 yrs
◆ gender-based SH in restaurants and cafes, bars and clubs, resorts
and water parks, hotels and casinos, cinemas, malls, buildings and
other privately-owned places open to the public
◆ gender-based SH in PUVs
– if perpetrator is the driver of the vehicle, shall constitute a breach
of contract of carriage
◆ presumption of negligence on the part of the owner/operator
of the vehicle in the selection and supervision of employees
◆ solidarily liable 
◆ gender-based SH in streets and public spaces committed by minors
○ gender-based online sexual harassment A.II
◆ acts that use information and communications technology in:
– terrorizing and intimidating victims through physical,
psychological, and emotional threats, unwanted sexual
misogynistic, transphobic, homophobic and sexist remarks and
comments online whether publicly or through direct and private
messages
– invasion of victimʼs privacy through cyberstalking and incessant
messaging
– uploading and sharing without the consent of the victim, any form
of media that contains photos, voice, or video with sexual content
– any unauthorized recording and sharing of any of the victimʼs
photos, videos, or any information online
– impersonating identities of victims online or posting lies about
victims to harm their reputation, or
– filing false abuse reports to online platforms to silence victims
◆ imprescriptible
○ gender-based sexual harassment in the workplace A.IV
◆ act or series of acts involving any unwelcome sexual advances,
requests or demand for sexual favors or any act of sexual nature, that
has or could have a detrimental effect on the conditions of an
individualʼs employment or education, job performance or
opportunities
– whether done verbally, physically or through the use of
technology such as text messaging or electronic mail or through
any other forms of information and communication systems
 ◆ conduct of sexual nature and other conduct-based on sex affecting
the dignity of a person, which is unwelcome, unreasonable, and
offensive to the recipient
– whether done same as above
◆ conduct that is unwelcome and pervasive and creates an intimidating,
hostile or humiliating environment for the recipient
– may also be committed between peers and those committed to a
superior officer by a subordinate, or to a teacher by a student, or
to a trainer by a trainee
◆ prescribes in 5 yrs
○ gender based sexual harassment in educational and training institutions
A.V
◆ prescribes in 5 yrs
– qualifying circumstances for A.I and A.II
G. act takes place in a common carrier or PUV, where the perpetrator is the
driver of the vehicle and the offended party is a passenger
◆ including, but not limited to, jeepneys, taxis, tricycles, or app-based
transport network vehicle services
H. offended party is a minor, a senior citizen, or a PWD, or a breastfeeding
mother nursing her child
I. offended party is diagnosed with a mental problem tending to impair
consent
X. perpetrator is a member of the uniformed services, such as the PNP and
the AFP, and the act was perpetrated while the perpetrator was in uniform
Y. act takes place in the premises of a government agency offering frontline
services to the public and the perpetrator is a government employee

Data Privacy Act

– RA 10173
– definitions
○ personal information
◆ any information whether recorded in a material form or not
– from which the identity of an individual is apparent or can be
reasonably and directly ascertained by the entity holding the
information, or
– when put together with other information would directly and
certainly identify an individual
○ sensitive personal information
◆ personal information:
– about an individualʼs race, ethnic origin, marital status, age, color,
and religious, philosophical or political affiliations
– about an individualʼs health, education, genetic or sexual life of a
person, or to any proceeding for any offense committed/alleged to
 –

have been committed by such person, the disposal of such

proceedings, or the sentence of any court in such proceedings
– issued by government agencies peculiar to an individual
◆ includes, but not limited to, social security numbers, previous
or current health records, licenses or its denials, suspension
or revocation, and tax returns
– specifically established by an EO or an act of Congress to be kept
classified
– punishable acts
G. unauthorized processing of personal or personal sensitive information
◆ exceptions
– data subject has given consent, specific to the purpose prior to
the processing, or in the case of privileged information, all parties
to the exchange have given their consent prior to processing
– processing of the same is provided for by existing laws and
regulations
– processing is necessary to protect the life and health of the data
subject or another person, and the data subject is not legally or
physically able to express his or her consent prior to the
processing
– processing is necessary to achieve the lawful and noncommercial
objectives of public organizations and their associations
◆ only confined and related to the bonafide members
◆ sensitive personal information are not transferred to third
parties
◆ consent of the data subject was obtained
– processing is necessary for purposes of medical treatment, is
carried out by a medical practitioner or a medical treatment
institution, and an adequate level of protection of personal
information is ensured
– processing concerns such personal information as is necessary
for the protection of lawful rights and interests of natural or legal
persons in court proceedings, or the establishment, exercise or
defense of legal claims, or when provided to government or public
authority
H. accessing personal information or sensitive personal information due to
negligence
I. improper disposal of personal information or sensitive personal
information
X. processing of personal information or sensitive personal information for
unauthorized purposes
Y. unauthorized access or intentional breach
◆ knowingly and unlawfully, or violating data confidentiality and security
 ◆
data systems, breaks in any way into any system where personal and
sensitive personal information is stored
m. concealment of security breaches involving sensitive personal information
n. discloses, with malice or in bad faith, unwarranted or false information
relative to any personal information or personal sensitive information
obtained
q. unauthorized disclosure
– large scale: when the personal information of at least 100 persons is harmed,
affected or involved as the result of the above acts
– RA 10173 does not apply to the ff information
G. information about any individual who is or was an officer or employee of a
govt institution that relates to his position or functions, including
◆ fact that the individual is or was an officer or employee of the govt
institution
◆ title, business address and office telephone number of the individual
◆ classification, salary range and responsibilities of the position held by
the individual
◆ name of the individual on a document prepared by the individual in the
course of employment with the government
H. information about an individual who is or was performing service under
contract for a government institution that relates to the services
performed
◆ including terms of the contract, and name of the individual given in
the course of the performance of those services
I. information relating to any discretionary benefit of a financial nature such
as the granting of a license or permit given by the government to an
individual, including the name of the individual and the exact nature of the
benefit
X. personal information processed for journalistic, artistic, literary or
research purposes
Y. information necessary in order to carry out the functions of public
authority which includes the processing of personal data for the
performance by the independent, central monetary authority and law
enforcement and regulatory agencies
m. information necessary for banks and other financial institutions under the
jurisdiction of the independent, central monetary authority or BSP to
comply with CISA, AMLA and other applicable laws
n. personal information originally collected from residents of foreign
jurisdictions in accordance with the laws of those foreign jurisdictions
◆ including any applicable data privacy laws, which is being processed
in the PH