Criminal Law Personal Letters

COLOSSIANS 3:23
"WORK WILLINGLY AT WHATEVER YOU DO, AS THOUGH YOU WERE WORKING FOR THE LORD RATHER
THAN FOR PEOPLE."
Crimes Against National Security and Law of Nation

Crimes Against National Securit
ARTICLE 114. Treason. —
- Any person who, owing allegiance to the United States or the Government of the
Philippine Islands, not even a foreigner, levies war against them or adheres to
their enemies, giving them aid or comfort within the Philippine Islands or
elsewhere, shall be punished by reclusión perpetua to death and shall pay a ne not
to exceed P20,000 pesos.
- No person shall be convicted of treason unless on the testimony of two witnesses
at least to the same overt act or on confession of the accused in open court
• it is suf cient that the witness is uniform in their testimony on the overt act; it is not
necessary that there be corroboration between them on the point they testi ed
Elements:
1. That the offender is a Filipino citizen or an alien residing in the
Philippines;
2. That there is a war in which the Philippines is involved
3. That the offender either
A. levies war against the Government; o
B. adheres to the enemies giving them aid or comfor
adherence may be proved
1. by one witness
2. from the nature of the act itself; o
3. from the circumstances surrounding the act
• LEVYING WA
• levying of war: requires an actual assemblage of men for the purpose of
executing a treasonable design by force; not required: actual arm encounter
between the government forces and traitor
• membership is not treason absence of an actual assemblage of men for

treasonable purpos
• if there is an actual assemblage of men for treasonable purpose: there is

treason even though there is no actual clash of arm
MA. TIFFANY TABUADA CABIGON CRIMINAL LAW II Page 1 of 272

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• GIVING AID AND COMFOR

• means an act which strengthens or tends to strengthen the enemy, and weakens
or tends to weaken the power of the traitor's country, in the conduct of war
between the
• commandeering foodstuffs: indispensable to the conduct of war; however,

commandeering women to satisfy the conduct of lust is not treaso
• inherent: treachery, evident premeditation and abuse of superior strengt

• cruelty: appreciated in treason
• "mere acceptance of the commission"-not treason, but can be liable for the
crime; conspiracy to commit treaso
• "membership" in an organization established to adhere to the enemy by giving

it aid and comfort is treason (explain further
ARTICLE 115. Conspiracy and Proposal to Commit Treason — Penalty. —

1. Filipino Citizen; o
2. Resident Alie
- Proposal or conspiracy to commit treason is committed by Filipino citizen or
resident alien, who has decided to commit treason and proposes its execution to
some person or persons
- The conspiracy or proposal to commit the crime of treason shall be punished

respectively, by prisión mayor and a ne not exceeding P10,000 pesos, and prisión
correccional and a ne not exceeding P5,000 pesos
• PROPOSAL AND CONSPIRACY TO COMMIT TREASON: committed by either a

"Filipino citizen and/or resident aliens
• not an evidence of treason: mere acceptance of an appointment or mere

acceptance of the commission as of cer of the enemy of the State;
• lesser crime of conspiracy to commit treason: attending meeting where

conspiracy to levy war against the Government was hatched, acceptance of
appointment as of cer of the armed forces to be raised for the furtherance of the
designs of conspirators and assumption of obligation as an of ce
• conspiracy to commit treason by levying war:

1. attending meeting where conspiracy to levy war against the government
was hatched
2. acceptance of appointment as of cer of the armed forces to be raised in
furtherance of the designs of the conspirators; an

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3. assumption of obligation as of cer
• 1st mode: membership: membership in an organization established to levy war

against the Philippine government in adherence to foreign enemy is not
constitutive of treason in the absence of actual assemblage of men for purpose
of executing a treasonable design by force; members may be held liable for
"conspiracy to commit treason
• if there is actual assemblage of men for treasonable purpose, there is

treason even though there is no actual clash or arm
• 2nd mode: membership in an organization established to adhere to the enemy by

giving it aid and comfort is treason; being a member of organization of traitors is in
itself constitutive of an overt act; not necessary that the member actually went to
battle or committed nefarious acts against his country or countrymen; the enemy
derived psychological comfort in the knowledge that he had citizen on his side
citizens of the State with which it was at war; note that adherence alone, without
giving the enemy aid or comfort, does not constitute treaso
• DOCTRINE OF ABSORPTION: if the person to whom the proposal is made

actually commits the crime of treason, said person and the proponent is also
considered as principal by inducement; the conspirators could not be separately
held liable for conspiracy to commit treason since treason absorbs the crime of
conspiracy to commit treason; conspiracy in this case is just a mode of committing
treaso
• can be committed both during wartime and peacetim

• 2 witness rule does not apply: separate and distinct crime from treaso
ARTICLE 116. Misprision of Treason. —

"failure to disclose conspiracy to commit treason"
- Every person owing allegiance to the United States or the Government of the
Philippine Islands, without being a foreigner, and having knowledge of any
conspiracy against them, who conceals or does not disclose and make known
the same, as soon as possible to the governor or scal of the province, or the
mayor or scal of the city in which he resides, as the case may be, shall be
punished as an accessory to the crime of treason
Elements
1. that the offender must be owing allegiance to the Government, not a
foreigner
2. that he has knowledge of any conspiracy to commit treason
against the Government

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3. that he conceals or does not disclose and make known the same as
soon as possible to the governor or scal of the province or mayor or
scal of the city where he reside
• note that in answering the bar exams, you need to relate treason, conspiracy and
proposal to commit treason, and misprison of treaso
• exception to the rule: that mere silence does not make a person criminally liabl
• not punishable: misprison of rebellion, misprison of coup d'etat, or misprison of
sedition (nullum crimen nulla poena sine lege)
• failure of a priest to disclose information given by a confessant pertaining to

conspiracy to commit rebellion is not punishable; his non-disclosure of such
information is due to insuperable cause, which is a exempting circumstance, since
confession is con dential, and he has an obligation to the Church not to reveal the
sam
TREASON AND CONSPIRACY OR MISPRISON OF TREASON

PROPOSAL TO COMMIT TREASON
- can be committed by a "Filipino - can only be committed by a "Filipino
citizen" and a "resident alien" Citizen
- a "resident alien" cannot commit

misprison of treason
• Japanese occupation: one could not commit misprison of treason since there are
no authorities to whom information on conspiracy to commit treason could be
reporte
• misprison of treason cannot be committed without conspiracy to commit

treason; misprison of treason is failure to report conspiracy to commit treason, and
not failure to report the crime of treaso
• if there is "no conspiracy to commit treason"; there is "no misprison of

treason
Article 117. Espionage. -
- The penalty of prision correccional shall be in icted upon any person who
1. Without authority therefor, enters a warship, fort, or naval or military

establishment or reservation to obtain any information, plans, photographs, or
other data of a con dential nature relative to the defense of the Philippine
Archipelago; o

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2. Being in possession, by reason of the public of ce he holds, of the articles,

data, or information referred to in the preceding paragraph, discloses their
contents to a representative of a foreign nation
- The penalty next higher in degree shall be imposed if the offender be a public of cer
or employee
• espionage: espionage is the defense of gathering, transmitting, or losing

information respecting the national defense with intent or reason to believe that the
information is to be used to the injury of the Republic of the Philippines or to the
advantage of any foreign natio
2 ways of committing espionage under Article 117

1. by entering without authority therefor, a warship, fort, or naval or military
establishment or reservation to obtain any information, plans, photographs or
other data of a con dential nature relative to the defense of the Philippines
Elements
A. that the offender enters any of the places mentioned therein
1. warship,
2. fort, o
3. naval, o
4. military establishment, o
5. reservatio
B. that he has no authority therefor
C. that his purpose is to obtain information, plans, photographs or other
data of a con dential nature relative to the defense of the Philippine
• there must be an intention to obtain information relative to the defense of the

Philippines: if he has no intention, he cannot be held liable under this provisio
• it is not necessary that the information is not obtaine

2. by disclosing to the representative of a foreign nation the contents of articles,
data or information referred to in paragraph No. 1 of Article 117, which he has
in his possession by reason of the public of cer he holds
Elements
A. that the offender is a public of cer
B. that he has in his possession the articles, data or information referred
to in paragraph no. 1 of Article 117, by reason of the public of ce he
holds
C. that he discloses their contents to a representative of a foreign nation

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TREASON ESPIONAGE
- war crime - can be committed whether in time of
war or peace
- can only be committed by Filipino - can be committed by a person
citizen or resident alien regardless of his nationality;
- the foreign status of a political detainee
does not exclude him ipso facto from
the scope of the law on espionage
"because this crime is not
committed by the citizenship of the
offender"
- disclosing con dential military - disclosing such information in
information by a public of cer to adherence to an enemy in times of war
representative of a foreign nation constitutes treason and not espionage
Section Two. - Provoking war and disloyalty in case of wa
1. inciting to war or giving motives to reprisals

2. violation of neutrality
3. correspondence with hostile country
4. ight to enemy's countr
Article 118. Inciting to war or giving motives for reprisals. -
- The penalty of reclusion temporal shall be imposed upon any public of cer or
employee, and that of prision mayor upon any private individual, who, by unlawful
or unauthorized acts provokes or gives occasion for a war involving or liable to
involve the Philippine Islands or exposes Filipino citizens to reprisals on their
persons or property
Elements
1. that the offender performs unlawful or unauthorized acts
2. that such acts provokes or give occasion for a war involving or liable to
involve the Philippines or expose Filipino citizens to reprisals on their
persons or property
• public destruction of the ag or seal of a foreign state or the public manifestations of

hostility to the head or ambassador of another stat
• committed in time of peac

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Article 119. Violation of neutrality. -
- The penalty of prision correccional shall be in icted upon anyone who, on the
occasion of a war in which the Government is not involved, violates any
regulation issued by competent authority for the purpose of enforcing
neutrality
Neutrality, de ned.
- a nation or power which takes no part in a contest of arms going on between others
is referred to a neutra
• there must be regulation issued by competent authority for enforcement of

neutrality: it is the violation of the "regulation" that constitutes the crime
Article 120. Correspondence with hostile country. -
- Any person who in time of war, shall have correspondence with an enemy country or
territory occupied by enemy troops shall be punished
1. By prision correccional, if the correspondence has been prohibited by the

Government
2. By prision mayor, if such correspondence be carried on in ciphers or
conventional signs; an
3. By reclusion temporal, if notice or information be given thereby which
might be useful to the enemy. If the offender intended to aid the enemy
by giving such notice or information, he shall suffer the penalty of
reclusion temporal to death
Elements
1. that it is in time of war in which the Philippines is involved
2. that the offender makes correspondence with an enemy country or
territory occupied by enemy troops
3. that the correspondence is either
A. prohibited by the government; o
B. carried on ciphers or conventional signs; o
C. containing notice or information which might be useful to the
enem
• de nition of correspondence: is communication by means of letters; or it may

refer to the letters which pass between those who have friendly or business
relations

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• even if the correspondence contains innocent matters: if the correspondence

has been prohibited by the government, it is punishabl
Article 121. Flight to enemy country. -
- The penalty of arresto mayor shall be in icted upon any person who, owing
allegiance to the Government, attempts to ee or go to an enemy country when
prohibited by competent authority. (there must be a prohibition by "competent
authority"
Elements: woa
1. that there is a war in which the Philippines in involved
2. that the offender must be owing allegiance to the Government
3. that the offender attempts to ee or go to enemy country
4. that going to the enemy country is prohibited by competent authorit
Section Three. - Piracy and mutiny on the high seas or in Philippine waters
Article 122. Piracy in general and mutiny on the high seas. -
- The penalty of reclusion temporal shall be in icted upon any person who, on the high
seas, shall attack or seize a vessel or, not being a member of its complement nor a
passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or
personal belongings of its complement or passengers
- The same penalty shall be in icted in case of mutiny on the high seas or in Philippine
waters
Two ways or modes of committing felony

1. by attacking or seizing a vessel on the high seas or in the Philippine waters
2. by seizing in the vessel while on the high seas or in the Philippine waters the
whole or part of its cargo, its equipment or personal belongings of the
complement or passenger
Elements: HPNotA
1. that a vessel is on high seas or in Philippine waters
2. that the offenders are not members of its complement or
passengers of the vessel
3. that the offenders (a) attack or seize that vessel, or (b) seize the whole
or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passenger

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• piracy: it is robbery or forcible deprivation on the high seas, without lawful authority
and done with animo furandi and in the spirit and intention of universal hostilit
• mutiny: mutiny is the unlawful resistance to a superior of cer, or the raising of

commotions and disturbances on board a ship against the authority of its
commande
Article 123. Quali ed piracy. -
- The penalty of reclusion temporal to death shall be imposed upon those who commit
any of the crimes referred to in the preceding article, under any of the following
circumstances
1. Whenever they have seized a vessel by boarding or ring upon the same
2. Whenever the pirates have abandoned their victims without means of saving
themselves; o
3. Whenever the crime is accompanied by murder, homicide, physical injuries or
rape.
ARBITRARY DETENTIO
THREE ways in committing arbitrary detention:

1. ARTICLE 124: BY DETAINING A PERSON WITHOUT ANY LEGAL
CAUSE OR GROUND THEREFOR PURPOSELY TO RESTRAIN HIS
LIBERTY
2. ARTICLE 125: BY DELAYING THE DELIVERY TO PROPER JUDICIAL
AUTHORITY OF A PERSON LAWFULLY ARRESTED WITHOUT A
WARRANT
3. ARTICLE 126: DELAYING RELEASE OF A PRISONE
Article 124. Arbitrary detention. -

- Any public of cer or employee who, without legal grounds, detains a person, shall
suffer
1. The penalty of arresto mayor in its maximum period to prision
correccional in its minimum period, if the detention has not exceeded
three days
2. The penalty of prision correccional in its medium and maximum
periods, if the detention has continued more than three but not more
than fteen days
3. The penalty of prision mayor, if the detention has continued for more
than fteen days but not more than six months; an
4. That of reclusion temporal, if the detention shall have exceeded six
months

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- The commission of a crime, or violent insanity or any other ailment requiring the
compulsory con nement of the patient in a hospital, shall be considered legal
grounds for the detention of any person
Elements
1. that the offender is a public of cer or employee
2. that he detains a person
3. that the detention is without legal ground
• PURSUIT OF HIS DUTY TO ARREST: the public of cer must arrest a criminal
suspect in pursuit of his authority to make arres
• kidnapping and serious illegal detention quali ed by the circumstance of

serious physical injuries: taking the prisoner in a secluded place for the purpose
of detaining and maltreating him; the accused did not commit the act in furtherance
or in pursuit of his of cial functio
• legal grounds for detention:

1. the commission of a crime, or
2. violent insanity or
3. any other ailment requiring the compulsory con nement of the patient in a
hospita
• lawful warrantless arrest: (applies to both peace of cer and a private person
1. when, in his presence, the person to be arrested has committed, is

actually committing, or is attempting to commit an offense
2. when an offense has just been committed, and he has probable cause to
believe based on personal knowledge of facts and circumstances that the
person to be arrested has committed it; an
3. when the person to be arrested is a prisoner who has escaped from a

penal establishment or a place where he is serving nal judgment or is
temporarily con ned while his case is pending, or has escaped while
being transferred from one con nement to anothe
• police of cer is not liable for arbitrary detention: at about midnight, 3 persons
acting suspiciously entered an uninhabited house; good people do not ordinarily lurk
about streets and uninhabited premises at midnigh
• simple imprudence resulting in arbitrary detention: failure to verify the order of

release before proceeding to make the re-arrest; even if the police of cer is in good
faith

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Article 125. Delay in the delivery of detained persons to the proper judicial
authorities.
- The penalties provided in the next preceding article shall be imposed upon the public
of cer or employee who shall detain any person for some legal ground and shall
fail to deliver such person to the proper judicial authorities within the period of;
twelve (12) hours, for crimes or offenses punishable by light penalties, or their
equivalent; eighteen (18) hours, for crimes or offenses punishable by
correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or
offenses punishable by af ictive or capital penalties, or their equivalent. In every
case, the person detained shall be informed of the cause of his detention and shall
be allowed upon his request, to communicate and confer at any time with his
attorney or counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July
25, 1987, respectively)
Elements:
2. that he has detained a person for some legal ground
3. that he fails to deliver such person to proper judicial authorities
within
A. 12 hours, for crimes or offenses punishable by light
penalties, or their equivalent
B. 18 hours, for crimes or offenses punishable by
correctional penalties, or their equivalent; o
C. 36 hours, for crimes or offenses punishable by af ictive
or capital penalties, or their equivalen
• must be detained for some legal grounds; if without legal grounds; the crime
committed is "arbitrary detention
• illegal parking: arresting a person for "illegal parking" is considered as arbitrary

detention; since the penalty for illegal parking should only be " ne
• election day or special holiday shall be excluded in counting the period for delay
in the delivery pf persons to proper judicial authoritie
• proper judicial authorities: pertains to Supreme Court or proper judicial

authorities; scal is not a proper judicial authority within the purview of Article 125,
scal unlike a judicial authority, has no power to order either the commitment or the
release on bail of persons charged with penal offense
• does not necessarily mean physical delivery: delivery is the making an

accusation or charge or ling of an information against him with the corresponding
court, whereby the latter acquires jurisdiction to issue an order of release or of
commitment of the prisone

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• waiver must be valid: must be in writing and signed in the presence of a counsel; if
the waiver is invalid, the police of cer can be charged of arbitrary detentio
• delay in the delivery of persons to proper judicial authorities will not affect the
charges against drugs: the accused for possession of dangerous drugs cannot
rely on the administrative shortcomings of the police of cers to get a judgment of
acquittal; it does not diminish the fact that drugs were found in his possessio
Article 126. Delaying release. -

- The penalties provided for in Article 124 shall be imposed upon any public of cer or
employee who delays for the period of time speci ed therein the performance of
any judicial or executive order for the release of a prisoner or detention
prisoner, or unduly delays the service of the notice of such order to said
prisoner or the proceedings upon any petition for the liberation of such person
Elements
2. that there is a judicial or executive order for the release of a prisoner or
detention prisoner, or that there is a proceeding upon a petition for the
liberation of such person
3. that the offender without good reason delays:
A. the service of the notice of such order to the prisoner; or
B. the performance of such judicial or executive order for the release
of the prisoner; or
C. the proceedings upon a petition for the release of such perso
Article 127. Expulsion. -

- The penalty of prision correccional shall be imposed upon any public of cer or
employee who, not being thereunto authorized by law, shall expel any person from
the Philippine Islands or shall compel such person to change his residence
Acts punishable
1. by expelling a person from the Philippines
2. by compelling a person to change his residence
Elements:
2. that he expels any person from the Philippines, or compels a person
to change his residenc
3. that the offender is not authorized to do so by law

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• Villavicencio v. Lukban: prostitutes are not chattels but human beings protected by
the Constitutional guarantees such as the provision on "liberty of abode; the Mayor
could not even for praiseworthy of motives render the liberty of the citizens so
insecure; no of cial, no matter how high, is above the la
Section Two. - Violation of domicil
Article 128. Violation of domicile. -
- The penalty of prision correccional in its minimum period shall be imposed upon any
public of cer or employee who, not being authorized by judicial order, shall enter any
dwelling against the will of the owner thereof, search papers or other effects found
therein
- without the previous consent of such owner, or
- having surreptitiously entered said dwelling, and
- being required to leave the premises, shall refuse to do so
- If the offense be
- committed in the night-time, or
- if any papers or effects not constituting evidence of a crime be not
returned immediately after the search made by the offender, the penalty
shall be prision correccional in its medium and maximum periods
Acts punished
1. by entering any dwelling against the will of the owner thereof; o
2. by searching papers or other effects found therein without the previous
consent of such owner; o
3. by refusing to leave the premises, after having surreptitiously entered
said dwelling and after having been required to leave the same
Elements common to 3 acts
2. that he is not authorized by judicial order to enter the dwelling and/or
to make a search therein for papers or other effect
• VIOLATION OF DOMICILE: committed by public of cial

1. enters any dwelling against the will of the owner thereof
2. searches the papers or other effects found therein without the previous
consent of such owner, o
3. surreptitiously enters it, and refuses to leave after being required to do
s
• TWO (2) QUALIFYING CIRCUMSTANCES

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1. nighttime; an
2. failure to return any papers or effects not constituting evidence of the
crim
• violation of the Constitutional rights of the accused to be secured in his house,
papers and effects against unreasonable search; public of cer must be acting in its
of cial capacit
• XPN: if the private individual conspires with the public of cer; the act of the
public of cer in committing violation of domicile is imputable to the private
individual although they are not similarly situate
• committed by a public of cer if his purpose is to violate the domicile of another
• police of cer entered the dwelling of the victim to purposely rape her;
violation of domicile is not committed since the entry was made to rape the
victim in his private capacity; the entry was made not in connection with his
dut
• unlawful entry: the entry by the public of cer must be against the will of the owner
of dwelling, which presupposes opposition or or prohibition by said owner, whether
express or implie
• search without the consent of the owner: violation of domicil
• silence or failure to object: does not tantamount to consent to search the house
or waiver of right against unreasonable searc
• refusal to leave: if a public of cer entered the house surreptitiously and, thereafter,
refused to leave the premises after being required to do so, the entry is not violation
of domicile because the entry was not made against the will of the owner; however,
the "refusal to leave" is constitutive of violation of domicile
Article 129. Search warrants maliciously obtained and abuse in the service of
those legally obtained. -
- In addition to the liability attaching to the offender for the commission of any other
offense, the penalty of arresto mayor in its maximum period to prision correccional in
its minimum period and a ne not exceeding P1,000 pesos shall be imposed upon
any public of cer or employee who shall
- procure a search warrant without just cause, or,

- having legally procured the same, shall exceed his authority or use
unnecessary severity in executing the same
Acts punishable
1. by procuring a search warrant without just cause

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2. by exceeding his authority or by using unnecessary severity in

executing a search warrant legally procured
Elements
2. that he has legally procured a search warrant
3. that he exceeds his authority or uses unnecessary
severity in executing the same
Elements
1. the offender is a public of cer or employee
2. that he procures a search warrant
3. that there is no just cause
• Search warrant: is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace of cer, commanding him to
search for personal property described therein and bring it before the court.
• Personal property to be seized

1. subject of the offense
2. stolen or embezzled and other proceeds or fruits of the offense; o
3. used or intended to be used as the means of committing an offens
• the true test of lack of just cause is whether the af davit led in support of the
application for search warrant has been drawn in such a manner that "perjury" could
be charged thereo
Article 130. Searching domicile without witnesses. -
- The penalty of arresto mayor in its medium and maximum periods shall be imposed
upon a public of cer or employee who, in cases where a search is proper, shall
search the domicile, papers or other belongings of any person, in the absence of the
latter,
- any member of his family, or
- in their default, without the presence of two witnesses residing in the same
locality
Elements:
1. that the offender is a public of cer or employee;
2. that he is armed with search warrant legally procured

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3. that he searched the domicile, papers or other belongings of any

person
4. that the owner, or any member of his family, or 2 witnesses residing in
the same locality is not present
• a public of cer may commit violation of domicile although he is provided
with a search warrant in cases of abuse in the service of search warrants or
searching domicile without witnesse
Section Three. - Prohibition, interruption and dissolution of peaceful meeting
Article 131. Prohibition, interruption and dissolution of peaceful meetings. -
public of cer or employee who, "without legal ground", shall prohibit or
interrupt the holding of a peaceful meeting, or shall dissolve the same
- The same penalty shall be imposed upon a public of cer or employee who shall
- hinder any person from joining any lawful association or
- from attending any of its meetings
- The same penalty shall be imposed upon any public of cer or employee who shall
prohibit or hinder any person from addressing, either alone or together with
others,
- any petition to the authorities for the correction of abuses or
- redress of grievances
Elements
1. that the offender is a public of cer or employee; an
2. that he performs any of the acts punished in the provisio
Section Four. - Crimes against religious worship
Article 132. Interruption of religious worship. -
public of cer or employee who shall
- prevent or disturb the ceremonies or

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- manifestations of any religion

- If the crime shall have been committed with violence or threats, the penalty shall be
prision correccional in its medium and maximum periods. (qualifying
Elements:
2. that the religious ceremonies or manifestations of any religion are
about to take place or are going on
3. that the offender prevents or disturbs the same
Article 133. Offending the religious feelings. -
- The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period shall be imposed upon anyone who, in a place devoted to religious
worship or during the celebration of any religious ceremony shall perform acts
notoriously offensive to the feelings of the faithful
Elements
1. that the acts complained of were performed
A. in a place devoted to religious worship, or
B. during the celebration of any religious ceremon
2. that the acts must be notoriously offensive to the feelings of the
faithfu
Title Thre
CRIMES AGAINST PUBLIC ORDE
Chapter On
REBELLION, SEDITION AND DISLOYALT
Article 134. Rebellion or insurrection; How committed. -

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- The crime of rebellion or insurrection is committed by rising publicly and taking arms
against the Government for the purpose of removing from the allegiance to said
Government or its laws, the territory of the Philippine Islands or any part thereof, of
any body of land, naval or other armed forces, depriving the Chief Executive or the
Legislature, wholly or partially, of any of their powers or prerogatives. (As amended
by R.A. 6968)
Elements:
1. that there be (a) public uprising, and (b) taking arms against the
Government
2. that the purpose of the uprising or movement is either
A. to remove from the allegiance to said Government or its
laws
(a) the territory of the Philippines or any part thereof; o
(b) any body of land, naval or other armed forces; o
B. to deprive the Chief Executive or Congress, wholly or
partially of any of their powers or prerogatives
• purpose of rebellion
1. to remove from the allegiance of the Philippine Government or its laws
A. the territory of the Philippines or any part thereof;
B. any body of land, naval or armed forces; o
2. to deprive the Chief Executive or the Legislature of any other powers or
prerogatives or part thereo
• martial law can be declared on the basis of the existence of rebellion: since the
Constitution did not de ne the term "rebellion", it must be understood to have the
same meaning as the crime of rebellion in the Revised Penal Cod
• insurrection v. rebellion: effect minor change v. effect major chang
TREASON REBELLION
the offenders levy war against the engages war against the forces of the
government in adherence to an enemy government without adherence to the
enemy
giving aid and comfort in adherence to giving aid and comfort is not adherence
the enemy to rebels is not rebellion unless there is
conspiracy

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TREASON REBELLION
intent to betray the government by intention of the rebels in rising publicly

adherence to the enemy is required and taking up arms is to remove the
allegiance to the government and its laws
from territory of the Philippines or part
thereof or armed forces, or to deprive the
executive or legislative power
can only be committed by Filipino citizens committed by any person

or resident alien
war crime can be committed in times of war and

peace
subject to extraterritoriality rule governed by territoriality principle
• Doctrine of Absorptio
• crimes committed in furtherance of rebellion are deemed absorbed in one
single crime of rebellion;
• all crimes, whether punishable under a special law or a general law,
which are mere component or ingredients or are committed in furtherance
thereof, become absorbed in the crime of rebellion and cannot be isolated
and charged as separate crimes in themselve
• terrorism: the object of a terrorist is to sow and create a condition of widespread
fear among the populace in order to coerce the government to give in to an
unlawful deman
• note that if rebellion and coup d'etat creates a condition of widespread and
extraordinary fear and panic among the populace in order to coerce the
government to give in to an unlawful demand, the crime committed is terrorism
rebellion terrorism
- if it is political, such a for the purpose - the object of a terrorist is to sow and
of severing the allegiance of Mindanao create a condition of widespread
to the Philippine government to fear among the populace in order to
establish a wilayat therein coerce the government to give in to
an unlawful demand
Article 134-A. Coup d'etat; How committed. -
- The crime of coup d'etat is a (sa-vitss dacopo

- swift attack accompanied by

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- violence,
- intimidation,
- threat,
- strategy or
- stealth,
directed against
- duly constituted authorities of the Republic of the Philippines, or
- any military camp or installation,
- communications network,
- public utilities or
- other facilities needed for the exercise and continued possession of
power, singly or simultaneously carried out anywhere in the Philippines by
any person or persons, belonging to the
- military or
- police or
- holding any public of ce of employment with or without civilian
support or participation for the purpose of seizing or diminishing state
power. (As amended by R.A. 6968)
Elements: 134-
1. that the offender is a person or persons belonging to another military
or police or holding any public of ce or employment
2. that it is committed by means of swift attack accompanied by violence,
intimidation, threat, strategy or stealth
3. that the attack is directed against duly constituted authorities of the
Republic of the Philippines, or any military camp or installation,
communication networks, public utilities or facilities needed for the
exercise and continued possession or power
4. that the purpose of the attack is to seize or diminish state powe
• swift attack by military men: military troops headed by Col. Amparo, withdrew
rearms and bullets and attacked the of ces of the Chief of Staff, and other of ces,
held hostage the Chief of Staff, killed 3 soldiers, inverted the Philippine ag,
barricaded all entrances and exits of the camp, and announced complete control of
the cam
• they used the rooms and other facilities of the hotel, ate all the available food
they found, and detained some hotel guests; facility is needed for the exercise and
continued possession of powe
Article 135. Penalty for rebellion, insurrection or coup d'etat. -
- Any person who promotes, maintains, or heads rebellion or insurrection shall suffer
the penalty of reclusion perpetua

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- Any person merely participating or executing the commands of others in a rebellion

shall suffer the penalty of reclusion temporal
- Any person who leads or in any manner directs or commands others to undertake a
coup d'etat shall suffer the penalty of reclusion perpetua
- Any person in the government service who participates, or executes directions or

commands of others in undertaking a coup d'etat shall suffer the penalty of prision
mayor in its maximum period
- Any person not in the government service who participates, or in any manner
supports, nances, abets or aids in undertaking a coup d'etat shall suffer the penalty
of reclusion temporal in its maximum period
- When the rebellion, insurrection, or coup d'etat shall be under the command of
unknown leaders, any person who in fact directed the others, spoke for them, signed
receipts and other documents issued in their name, as performed similar acts, on
behalf or the rebels shall be deemed a leader of such a rebellion, insurrection, or
coup d'etat. (As amended by R.A. 6968, approved on October 24, 1990)
rebellion coup d'etat
the criminal act in rebellion is public is the swift attack by means of violence,
uprising and taking up arms intimidation, threat, strategy or stealth
against the duly constituted authorities or
facilities needed for the exercise and
continued possession and power
the purpose of rebellion is removal of the purpose is seizure or diminution of State

Philippine territory or part thereof or power
armed forces from the allegiance to the
government and its laws or deprivation of
executive or legislative powers and
privileges
offenders in rebellion are any persons the offenders in coup d'etat are military
of cer, police of cer and public of cer;
however, this crime can be committed
with or without the participation of
civilians
• DOCTRINE OF ABSORPTION: is also applicable in coup d'etat for being a political

crim

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Article 136. Conspiracy and proposal to commit coup d'etat, rebellion or

insurrection. - (there is no crime of proposal to commit sedition
- The conspiracy and proposal to commit coup d'etat shall be punished by prision
mayor in minimum period and a ne which shall not exceed eight thousand pesos
(P8,000.00)
- The conspiracy and proposal to commit rebellion or insurrection shall be punished

respectively, by prision correccional in its maximum period and a ne which shall not
exceed ve thousand pesos (P5,000.00) and by prision correccional in its medium
period and a ne not exceeding two thousand pesos (P2,000.00). (As amended by
R.A. 6968, approved October 24, 1990)
• Proposal to commit rebellion or coup d'etat: is committed by any person, who

has decided to commit rebellion or coup d'etat and proposes its execution to some
other person or persons
• Conspiracy to commit rebellion, or coup d'etat: is committed by 2 or more

persons, who come to an agreement concerning the commission of rebellion, or
coup d'etat and "decide to commit it
Article 137. Disloyalty of public of cers or employees. -

- The penalty of prision correccional in its minimum period shall be imposed upon
public of cers or employees who have
- failed to resist a rebellion by all the means in their power, or
- shall continue to discharge the duties of their of ces under the control
of the rebels or
- shall accept appointment to of ce under them. (Reinstated by E.O. No.
187).
• not punishable: disloyalty of public of cer in treason, coup d'etat, and sedition
• must not conspired with the rebels: the public of cer who performs any of the
acts of disloyalty should not be in conspiracy with the rebels; otherwise, he will be
guilty of rebellion, not merely disloyalty, because in conspiracy, the act of on is the
act of al
Article 138. Inciting a rebellion or insurrection. - v. inciting to sedition
- The penalty of prision mayor in its minimum period shall be imposed upon any person
who,
- without taking arms or
- being in open hostility against the Government, shall incite others to the
execution of any of the acts speci ed in article 134 of this Code,

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- by means of speeches, proclamations, writings, emblems,

banners or other representations tending to the same end.
(Reinstated by E.O. No. 187). (spro web ort
Elements: (aid) arms, incites, don

1. that the offender does not take arms or is not part in open hostility
against the Government
2. that he incites to the execution of any acts of rebellion
3. that the inciting is done by means of speeches, proclamations,
writings, emblems, banners or other representations tending to the
same end. (sprowebo
Article 139. Sedition; How committed. -
- The crime of sedition is committed by persons who rise publicly and tumultuously
in order to attain by
- force,
- intimidation, or
- by other means outside of legal methods, any of the following objects
1. To prevent the promulgation or execution of any law or the holding of any

popular election
2. To prevent the National Government, or any provincial or municipal government

or any public of cer thereof from freely exercising its or his functions, or
prevent the execution of any administrative order
3. To in ict any act of hate or revenge upon the person or property of any public
of cer or employee
4. To commit, for any political or social end, any act of hate or revenge against
private persons or any social class; an
5. To despoil, for any political or social end, any person, municipality or

province, or the National Government (or the Government of the United
States), of all its property or any part thereof
Elements:
1. that , or the offender rise (1) publicly, and (2) tumultuously
2. that they employ force, intimidation, or other means outside of legal
methods
3. that the offenders employ any of those means to attain any of the
following objects: (pre-cid); prevent2, commit, in ict, despoi

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A. to prevent the promulgation or execution of any law or the

holding of any popular election
B. to prevent the National Government, or any provincial or
municipal government, or any public of cer thereof from
freely exercising its or his functions, or prevent the
execution of any administrative order
C. to in ict any act of hate or revenge upon the person or
property of any public of cer or employee
D. to commit, for any political or social end, any act of hate or
revenge against private persons or any social class; an
E. to despoil, for any political or social end, any person ,
municipality or province, or the National Government of all
its property or any part thereo
• the encounter between the policemen in Manila and Constabulary soldiers

resulted in the death of a constabulary private; this encounter engendered a
deep feeling of resentment on the part of the soldier
• equality between the rich and the poor (sedition): according to them, if the
wealthy landowners continued oppressing the poor they would not stop disturbing
the towns; the object of public and tumultuous uprising is to in ict an act of hate and
revenge upon private perso
rebellion sedition
there must be public uprising and taking there must be public and tumultuous
up arms against the government uprising by means of force, intimidation,
or by means outside of legal methods
the purpose of the rebels is political the purpose of the seditionists is either
political or social
• sedition: (purpose is to in ict an act of hate or revenge upon the person or

property of a public of cial) to eliminate his political rival, the incumbent mayor, in
the coming election, his political rival, the incumbent mayor, in the coming election,
accused with others raided, burned, looted and robbed stores and houses including
that of the mayor, and killed and wounded several person
• DOCTRINE OF ABSORPTION: the case is not applicable to sedition since the

crime can be committed
Article 140. Penalty for sedition. -

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- The leader of a sedition shall suffer the penalty of prision mayor in its minimum period
and a ne not exceeding 10,000 pesos
- Other persons participating therein shall suffer the penalty of prision correccional in
its maximum period and a ne not exceeding 5,000 pesos. (Reinstated by E.O. No.
187)
Article 141. Conspiracy to commit sedition. - (there is no crime of proposal to

commit sedition
- Persons conspiring to commit the crime of sedition shall be punished by prision

correccional in its medium period and a ne not exceeding 2,000 pesos. (Reinstated
by E.O. No. 187)
• conspiracy to commit sedition: Jose and Pedro proposed to the former soldiers
that they recruit their comrades and organize a group of 100 for the purpose of
challenging the government by force of arms in order to prevent the implementation
of the Land Reform Law; Pedro and the former soldiers agreed and decided to rise
publicly and tumultuously and by means of force, intimidation to prevent the
promulgation or execution of any la
• proposal to commi
1. treason
2. rebellion;
3. coup d'eta
• conspiracy to commi
1. treason
2. rebellion
3. coup d'eta
4. seditio
5. simple arso
6. dangerous drug traf ckin
7. terroris
8. child pornograph
9. money launderin
Article 142. Inciting to sedition. -
- The penalty of prision correccional in its maximum period and a ne not exceeding
2,000 pesos shall be imposed upon any person who, without taking any direct part in
the crime of sedition, should
1. incite others to the accomplishment of any of the acts which constitute sedition,
by means of speeches, proclamations, writings, emblems, cartoons, banners, or

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other representations tending to the same end, (1st form) or the offender must
incite others to rise publicly and tumultuous on order to attain the ends of
sedition; it may fall in the second form of seditio
2. upon any person or persons who shall utter seditious words or speeches, write,
publish, or circulate scurrilous libels against the (Government of the United
States or the Government of the Commonwealth of the Philippines) or any of the
duly constituted authorities thereof, or which: (2nd form)
(1) tend to disturb or obstruct any lawful of cer in executing the functions of
his of ce, or
(2) which tend to instigate others to cabal and meet together for unlawful
purposes, or
(3) which suggest or incite rebellious conspiracies or riots, or which lead o
(4) tend to stir up the people against the lawful authorities or
(5) to disturb the peace of the community, the safety and order of the
Government, or
(6) who shall knowingly conceal such evil practices. (Reinstated by E.O.
No. 187)
• freedom of expression: speeches extolling communism is an exercise of freedom

of expression; however, when they extol communism and urges the people to hold a
national strike and paralyze commerce and trade, they can be held liable for inciting
to seditio
• inciting to rebellion: to be held liable for inciting to rebellion, the offender must
incite others not only to accomplish any purposes of rebellion (deprivation of
legislative power) but likewise to perform the acts of rebellion; the offender must also
incite them to rise publicly and to take arms against the governmen
• 1st form of sedition: the offender must incite others to rise publicly and tumultuous
on order to attain the ends of sedition; it may fall in the second form of seditio
• dangerous tendency test v. clear and present danger rul

• dangerous or seditious tendency rule: to determine if the speech or
publication constitutes the crime of inciting to seditio
• clear and present danger rule: to determine if the prohibition, interruption, or

dissolution of the peaceful meeting is with legal groun
• to be held liable of inciting to rebellion and inciting to sedition in the rst

form: he accused incite the people to rise publicly and to take up arms against the

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government in case of the former or rise publicly and tumultuously in the case of the
latte
• xxx The Filipinos, like myself, must use bolos for cutting off Wood's head for having
recommended a bad thing for the Filipinos for he has killed our independenc
• xxx overthrow the present government and establish our own government, the
government of the poor; use your whip that they may be marks on their sides;
inciting to sedition in the second form since the speech:
1. instigated the poor to cabal and meet together for unlawful purposes
2. suggested and incited rebellious conspiracies
3. tended to stir up the people against unlawful authorities; an
4. tended to disturb the peace of the community and order of the Governmen
• scurrilous libel against the Government: xxx he sent copies of his photograph to
several newspapers of their publication with a suicide note, which contained
statements that he committed suicide because he was not pleased with the
administration of President Roxas; he instructed his children to burn the pictures of
Roxas if and when they come across them: this is inciting to sedition of the second
form since this scurrilous libel suggested and incited rebellious conspiracies and
tended to stir up the people against lawful authoritie
• scurrilous: means low, vulgar, mean, or foul; if not, but the publication involved
false news, which may cause damage to the interest or credit of the state, or
contained encouragement to disobey the law or constituted authorities (Article 154
• concealment of evil practice: concealment of the crime of sedition or crime of

inciting to commit rebellion is not punishable under Article 142; however, the persons
being incited can also be held liable for inciting to sedition if during investigation they
conceal the crime to authoritie
• see lawful utterance under Article 15

• R.A. No. 10591: Laws on Loose Firear
• R.A. No. 1866 as amended by R.A. No. 951
Chapter Two 
CRIMES AGAINST POPULAR REPRESENTATIO
Section One. - Crimes against legislative bodies and similar bodie
Article 143. Act tending to prevent the meeting of the Assembly and similar
bodies. - (CONGRESS OF THE PHILIPPINES

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- The penalty of prision correccional or a ne ranging from 200 to 2,000 pesos, or both,
shall be imposed upon any person who, by force or fraud, prevents the meeting of
the
- National Assembly (Congress of the Philippines) or of any of its

committees or subcommittees,
- constitutional commissions or committees or divisions thereof, or of
- any provincial board or city or municipal council or board. (Reinstated
by E.O. No. 187)
Elements:
1. that there be a projected or actual meeting of the National Assembly
or any of its committees or divisions thereof, or of any provincial board
or city or municipal council or board
2. that the offender who may be any person prevents such meeting by
force or fraud.
• Congress includes Senate and House of Representatives. Constitutional

Commission includes Commission on Elections, Commission on Audit, Civil
Service Commission. Sanggunian includes Sangguinang Panlalawigan,
Sangguniang Panglungsod or Sangguniang Pangbaya
Article 144. Disturbance of proceedings. -
- The penalty of arresto mayor or a ne from 200 to 1,000 pesos shall be imposed
upon any person who disturbs the meetings of the National Assembly (Congress of
the Philippines) or of any of its committees or subcommittees, constitutional
commissions or committees or divisions thereof, or of any provincial board or city or
municipal council or board, or in the presence of any such bodies should behave in
such manner as to interrupt its proceedings or to impair the respect due it.
(Reinstated by E.O. No. 187)
Elements
1. that there be a meeting of the National Assembly or any of its
committees or subcommittees, constitutional commissions or
committees or divisions thereof, or any of provincial board or city or
municipal council or board
2. that the offender does any of the following acts
B. he disturbs any of such proceedings
C. he behaves in such manner as to interrupt its proceedings while
in the presence of any such proceedings or to impair the
respect due i

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Section Two. - Violation of parliamentary immunit
Article 145. Violation of parliamentary immunity. -
- The penalty of prision mayor shall be imposed upon

1. any person who shall use force, intimidation, threats, or fraud to prevent any
member of the National Assembly (Congress of the Philippines) from
attending the meetings of the Assembly (Congress) or of any of its
committees or subcommittees, constitutional commissions or committees or
divisions thereof, from expressing his opinions or casting his vote; and the
penalty of prision correccional shall be imposed upon
2. any public of cer or employee who shall, while the Assembly (Congress) is in
regular or special session, arrest or search any member thereof, except in
case such member has committed a crime punishable under this Code by a
penalty higher than prision mayor
Acts punishable under Article 145
1. by using force, intimidation, threats, or frauds to prevent any member of the
National Assembly from
i) attending the meetings of the assembly of of any of its
committees or subcommittees, constitutional commissions or
committees or divisions thereof, or from
ii) expressing his opinions, or
iii) casting his vot
Elements
1. that the offender uses force, intimidation, threats, or fraud
2. that the purpose of the offender is to prevent any member of the
National Assembly from attending the meetings of the Assembly or of
any of its committees or of any of its committees or constitutional
commissions, etc; o
3. expressing his opinions; o
4. casting his vot
Note: the offender is any perso
2. by arresting or searching any member thereof while the National Assembly is

in regular or special session, except in case such member has committed
a crime punishable under the Code by a penalty higher than prision
mayor
Elements

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1. that the offender is a public of cer or employee;

2. that he arrests or searches any member of the National Assembly;
(?
3. that the assembly, at the time of the arrest or search, is in regular or
special session
4. that the member arrested or searched has not committed a crime
punishable under the Code by a penalty higher than prision
mayo
• the crime must not be punishable for more than 6 years imprisonment while in
Congress is in session
• this immunity is not applicable to a member of the Constitutional Conventio

• parliamentary immunity from search: unconstitutional; since the Constitution
does not provide parliamentary immunity form search, the public of cer is not liable
for violation of parliamentary immunity for searching the house of the Congressma
• parliamentary immunity: extends only to cases punishable by not more than 6

year
Chapter Three 
ILLEGAL ASSEMBLIES AND ASSOCIATIONS
Article 146. Illegal assemblies. -
- The penalty of prision correccional in its maximum period to prision mayor in its
medium period shall be imposed upon the organizers or leaders of any meeting
attended by armed persons for the
1. purpose of committing any of the crimes punishable under this
Code, or
2. of any meeting in which the audience is incited to the commission
of the crime of treason, rebellion or insurrection, sedition or
assault upon a person in authority or his agents. Persons merely
present at such meeting shall suffer the penalty of arresto mayor,
unless they are armed, in which case the penalty shall be prision
correccional.
comment: passive presence in the meeting will not make them liable for illegal
assembl
- If any person present at the meeting carries an "unlicensed rearm", it shall be
presumed that the purpose of said meeting, insofar as he is concerned, is to commit

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acts punishable under this Code, and he shall be considered a "leader or

organizer" of the meeting within the purview of the preceding paragraph
- As used in this article, the word "meeting" shall be understood to include a

gathering or group, whether in a xed place or moving. (Reinstated by E.O. No.
187)
What are illegal assemblies

They are
A. any meeting attended by armed persons for the purpose of committing any of
the crimes punishable under the Cod
Requisites:
1. that there is a meeting, a gathering, or group of persons, whether in a
xed place or moving
2. that the meeting is attended by armed persons
3. that the purpose of the meeting is to commit any of the crimes
punishable under the Code
B. any meeting in which the audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion, or insurrection, sedition, or
assault upon a person in authority or his agent
Requisites
1. that there is a meeting, gathering, or group of persons, whether in a
xed place or moving
2. that the audience, whether armed or not, is incited to the commission
of the crime of treason, rebellion or insurrection, sedition or direct
assaul
1- illegal assembly organized to incite/the audience must be incited: essential

element of the crime-if the meeting is organized for the purpose of inciting the audience
to commit treason, rebellion, sedition or direct assaul
• if the armed men who attended the assembly are intelligence PNP operatives:
the crime is not illegal assembly since no audience were incited; the crime
committed is inciting to seditio
• audience: armed and unarmed persons, who were merely present at the meeting,
are also criminally liable for illegal assemblie
• persons armed with "unlicensed rearm": is considered as the leader or

organizer of the meeting even though he was merely present therea
2- illegal assembly organized to commit a felony:

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• if the meeting organized for the purpose of committing a felony (not acts
punishable under special law): is attended by armed men
• it is not necessary that all of them are armed; nor it is needed that the felony, which
is the agenda of the meeting, is treason, rebellion, sedition or direct assault; neither
is the audience required to be incited to commit a crim
Article 147. Illegal associations. -
- The penalty of prision correccional in its minimum and medium periods and a ne not
exceeding 1,000 pesos shall be imposed upon the founders, directors, and
presidents of associations totally or partially organized for the purpose of
committing any of the crimes punishable under this Code or for some purpose
contrary to public morals. Mere members of said associations shall suffer the
penalty of arresto mayor. (Reinstated by E.O. No. 187)
What are illegal associations

They are
1. Associations totally or partially organized for the purpose of committing
any of the crimes punishable under the Code
2. Associations totally or partially organized for some purpose contrary to
public moral
Persons liable for illegal association
1. founders, directors, and president of the association
2. mere members of the associatio
illegal association illegal assembly
it is not necessary that there be an actual it is necessary that there is an actual

meeting meeting or assembly or armed persons
for the purpose of committing a felony,
or individuals who, although not armed,
are incited to the commission of treason,
rebellion, sedition, or direct assault
it is the act of forming or organizing, and it is the meeting and attendance at such
membership in the association that are meeting that are punished
punished
the persons liable are:

in illegal assembly, the persons liable are:
1-the founders, directors, and president; 1-the organizers or leaders of the

and
meeting; and
2-the members thereof 2-the persons present at the meeting

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illegal association illegal assembly
the purpose of illegal association is to the purpose of illegal assembly is to

commit a felony or act, which is contrary commit a felony or to incite the audience
to "public moral", e.g. o ense to commit treason, rebellion, sedition, or
punishable under "special law" direct assault
• Communist Party of the Philippines: membership in the Communist "per se" does
not constitute rebellion or conspiracy to commit rebellion; however, members of CPP
or other group organize to overthrow the government by force may be held liable for
illegal association under the Revised Penal Code (not rebellion but illegal
association
• performing further acts to commit rebellion: buying weapons, appointing military

of cers, and soliciting funds from the populace are preparatory acts to the
commission of rebellion; theses acts may establish conspiracy to commit rebellio
• conspiracy to commit rebellion: Katipunan society was organized to destroy the

Government and establish a military government; accused attended various
meetings of said society made revolutionary speeches; they signed revolutionary
documents and they were found in possession of commissions appointing them
of cers in his military organization; if an illegal association was already engaged in
actual armed uprising against the government (such as the CPP), joining it or
retaining its membership establishes not only the agreement to commit rebellion but
also decision to commit i
• rebellion: if the members of the Communist Party takes to the eld and joins in the
rebellion and uprising; "actual clash of arms with the forces of the government is not
necessary" to convict the accused, who is in conspiracy with others actually taking
arms against the government; those merely acting as couriers or spies for the rebels
are also guilty of rebellio
• illegal association-conspiracy to commit rebellion-rebellion: depending upon

the acts done
• rebellion: if the illegal association was already engaged in actual uprising against
the Government being a member and performance of overt acts in furtherance of
rebellion would make the conspirator liable for rebellio
• couriers and spies for rebels: also guilty or rebellion; actual clash of arms with the
forces of the Government is not necessary to convict the accused, who is in
conspiracy with others actually taking arms against the Governmen
Section Three. - Prohibition, interruption and dissolution of peaceful meeting
Article 131. Prohibition, interruption and dissolution of peaceful meetings. -

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public of cer or employee who, without legal ground, shall prohibit or interrupt
the holding of a peaceful meeting, or shall dissolve the same
- The same penalty shall be imposed upon a public of cer or employee who shall
hinder any person from joining any lawful association or from attending any of its
meetings
- The same penalty shall be imposed upon any public of cer or employee who shall
prohibit or hinder any person from addressing, either alone or together with others,
any petition to the authorities for the correction of abuses or redress of grievances
committed by a public of cer or employee who, "without legal ground":

1. prohibits or interrupts the holding of a peaceful meeting, or dissolves the
same
2. hinders any person from joining any lawful association or from attending
any of its meetings; o
3. prohibits or hinders any person from addressing, either alone or together
with others, any petition to the authorities from the correction of
abuses or redress of grievances
• only public of cer acting in his "of cial capacity" can commit the crime; if the
private individual interrupts or disturbs a peaceful meeting, the crime committed is
"disturbance of public order
• prohibition of peaceful meeting: a city mayor who denied an application for a

permit to hold a political meetin
• must be a stranger/must not be a participant in the peaceful meeting: if a

participant interrupts or dissolves the meeting, he is liable for "coercion" and "unjust
vexation"; PUBLIC DISORDERS: Article 153. Tumults and other disturbance of
public orders; Tumultuous disturbance or interruption liable to cause disturbance
• police of cer who was part of the meeting: heated exchange of words among the
mayor, a councilor and the chief of police ensued; then, in the ensuing confusion,
the crowd watching the proceeding dispersed and the meeting was eventually
dissolve
• note: the meeting must be "peaceful
Section Four. - Crimes against religious worship
Article 132. Interruption of religious worship. -

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public of cer or employee who shall prevent or disturb the ceremonies or
manifestations of any religion
- If the crime shall have been committed with violence or threats, the penalty shall be
prision correccional in its medium and maximum periods. (qualifying circumstance
Elements:
2. that the religious ceremonies or manifestations of any religion are
about to take place or are going on
3. that the offender prevents or disturbs the same
• crime against the "fundamental law of the land": only public of cer acting in his
of cial capacity can commit the crim
• if the offender is a "private individual" he shall be liable for unjust vexation: if the
offender, who prevents or disturbs the ceremonies or manifestations of any religion,
is a private individual, the crime committed is unjust vexatio
• offending religious feelings: passing a funeral in accordance with the rites of

religious sect known as the "Church of Christ" through the churchyard fronting the
Roman Catholic Church with the use of force, threats, and physical violenc
religious ceremony or manifestations:
1. the meeting in a private house where verses from the Bible were read is
treated as a religious ceremony
2. the reading of a sacred book in religious service or ceremon
Article 133. Offending the religious feelings. - exception to the general rule that only
public of cers can commit the crime, since the law uses the term "anyone"; it connotes
not just public of cers, but private individuals as wel
minimum period shall be imposed upon anyone who, in a place devoted to religious
worship or during the celebration of any religious ceremony shall perform acts
notoriously offensive to the feelings of the faithful
Elements
1. that the acts complained of were performed (1) in a place devoted to
religious worship, or (2) during the celebration of any religious
ceremon
2. that the acts must be notoriously offensive to the feelings of the faithfu

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• place of commission: to be held liable for the crime against religious worship by
offending religious feeling the offensive acts must be committed either
• in a place devoted to religious worship; o

• during the celebration of any religious ceremon
• if the crime is committed in a place devoted to religious worship; it is not
necessary that religious ceremony is being celebrated at the time of the commission
thereo
• notoriously offensive to religious feelings: accused stoned a minister of the

Iglesia ni Kristo while the latter was preaching or spreading his belief on a public
road before a crowd of around 500 person
• Peeved by the denunciations of extrajudicial killing by Fr. Christ in his homily.

Policeman Stone, a parishioner, approached the priest during the homily,
displayed his rearm tucked in his waist, and menacingly uttered at the priest:
Father, may kalalagyan kayo kung hindi kayo tumigil; the celebration of the mass
was disrupted, and the Congregation left the Church in disgust over the accusations
of a co-parishioner; congregation left the church in disgust over the actuations of
Policeman Ston
• notoriously offensive: remarks that those, who believed that Christ is God, are
Anti-Christ, that all members of the Roman Catholic Church are marked by the
demon, and that Pope is the commander-in-chief of Sata
• only unjust vexation: the statement, "Come on now, they are already starting, let
us have a jam session.
• interruption of peaceful meeting: accused is a participant of the peaceful meeting

• interruption of religious worship: the offender must be a public of cer; however,
Policeman Stone did not make the threatening statement which disrupted the mass
celebration, in his capacity as a public of c
Chapter Four 
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN
AUTHORITY AND THEIR AGENTS
Article 148. Direct assaults. -

- Any person or persons who, 1-without a public uprising, shall employ force or
intimidation for the attainment of any of the purpose enumerated in de ning the
crimes of rebellion and sedition, or shall 2-attack, employ force, or seriously
intimidate or resist any person in authority or any of his agents, while engaged
in the performance of of cial duties, or on occasion of such performance, shall
suffer the penalty of prision correccional in its medium and maximum periods and a
ne not exceeding P1,000 pesos, when the assault is committed with a 1- weapon
or when the offender is a 2- public of cer or employee, or when the 3- offender

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lays hands upon a person in authority. If none of these circumstances be present,

the penalty of prision correccional in its minimum period and a ne not exceeding
P500 pesos shall be imposed
two ways of committing the crime of direct assault

1. without public uprising, by employing force or intimidation for the
attainment of any of the purposes enumerated in de ning the crimes of
rebellion and sedition
2. without any public uprising, by attacking, employing force, or by

seriously intimidating or seriously resisting any person in authority or
any of its agents, while engaged in the performance of of cial duties,
or on the occasion of such performanc
Elements for Sedition:

1. that , or the offender rise (1) publicly, and (2) tumultuously
2. that they employ force, intimidation, or other means outside of legal
methods
3. that the offenders employ any of those means to attain any of the
following objects: (pre-cid); prevent2, commit, in ict, despoi
A. to prevent the promulgation or execution of any law or the
holding of any popular election
B. to prevent the National Government, or any provincial or
municipal government, or any public of cer thereof from
freely exercising its or his functions, or prevent the
execution of any administrative order
C. to in ict any act of hate or revenge upon the person or
property of any public of cer or employee
D. to commit, for any political or social end, any act of hate or
revenge against private persons or any social class; an
E. to despoil, for any political or social end, any person ,
municipality or province, or the National Government of all
its property or any part thereo
Elements of the 1st form of direct assault

1. that the offender employs force or intimidation;
2. that the aim of the offender is to attain any of the purposes of the
crime of rebellion or any of the objects in the crime of sedition
3. there is no public uprising

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Elements of 2nd form of direct assault

1. that the offender makes an attack; employs force, makes a serious
intimidation, or makes a serious resistanc
2. that the person assaulted is a person in authority or his agen
3. that at the time of the assault the person in authority or his agent is
engaged in the actual performance of of cial duties, or that he is
assaulted, by reason of the past performance of his of cial duties
4. that the offender knows that the one he is assaulting is a person in
authority or his agent in the exercise of his duties
5. that there is no public uprisin
Direct Assault is quali ed
1. when the assault is committed with a weapon; o
2. when the offender is a public of cer or employee; o
3. when the offender lays hands upon a person in authorit
• 1st mode of direct assault: tantamount to rebellion or sedition, without the element
of public uprising; if 4 persons prevented by force the holding of a popular election in
certain precincts he may be held liable for direct assault in the 1st form not sedition
since the element of "public uprising" is not presen
• direct assault with murder is committed: if a person assassinated the President
for purpose of deprivation of executive power; rebellion is not committed because
the element of public uprising is not presen
"person in authority" v. agent of a person in authorit
person in authority agent of person in authority
those, who are directly vested with persons who are charged with the
jurisdiction maintenance of public order and the
protection and security of life and
property by direct provision of law,
election, or appointment by competent
authority

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person in authority agent of person in authority
persons in authority to be considered as an agent of a person

1. Chief of Polic in authority, the function of the public
2. Mayo of cer must be connected in any way
3. Member of the Court (judge with the preservation of law, peace, and
4. Member of Boar order, de ance of which is what Article
5. Commission or government-owned 148 severely punishe
and controlled corporation; Social
Security Syste general rule: casual employee for a
6. Punong Baranga period of 3 months as bodyguard of a
7. M e m b e r s o f t h e S a n g g u n i a n g Judge is not a person in authority since
Baranga his function is not connected in any way
8. Lupon Tagapamayap with the preservation of law, peace, and
9. D i v i s i o n s u p e r i n t e n d e n t o f orde
schools, teachers, professors, and exception: a bodyguard who comes in
supervisors of schools, colleges aid of the judge, who is a victim of direct
and universities and lawyers: only assault, the former is considered as an
persons in authority for purposes of "agent of person in authority
direct assault and resistance; for
other purposes such as usurpation of barangay of cials and members: who
function of a person in authority, are charged with the maintenance of
aggravating circumstance of public order, protection and security of life
contempt of authority and running of and property, or of a desirable and
prescription, they are not persons in balanced environment by law or
authorit ordinance shall be deemed agents of a
person in authority
• must be committed while in the performance of his duty or on occasion

thereof; if the policeman is on his way to buy lotto tickets, he is not performing his
of cial duties (physical injuries may have been committed
• engaged in the performance of duty: when a barangay chairman was presiding
over a meeting regarding cleanliness of the community, he was immediately
assaulted by his creditor, whom he has not paid for a long time despite his
repeated promises to pay; still direct assault even though the motive behind the
assault is personal since he was engaged in the performance of his duty at the
time of the assaul
• if the person in authority or his agent is engaged in the actual performance
of duties at the time of the assault: the motive for the performance of duties at
the time of the assault, the motive for the assault is immateria
• not in the actual performance of duty: the motive must be by reason of the
performance of the of cial duties; if not, the crime is physical injurie

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• retired judge: attacking a judge while celebrating his 71st birthday by reason of
his part performance is no longer direct assault: since a retired Judge is no longer
a person in authority; xpn: if a Judge was assaulted by reason of the past
performance of his duty as a "lawyer"; then the crime committed is "direct
assault
• serious or simple assault: the modes of committing direct assault are attacking,
employing force, seriously intimidating or resisting a person in authority or his
agent
• simple resistance: simple attack or employment of force against an agent of
person in authority while engaged in the performance of duty
• simple intimidation against a person in authority while engaged in the
performance of duty or on occasion thereof: only simple resistance and
not direct assault; no intent to defy the law and its representatives at all
hazar
• direct assault: serious attack or employment of force with intent to defy the law
and its representatives at all hazard against agent of person in authority
• serious intimidation with intent to defy the law at all hazards against
an agent of person in authority while he is engaged in the performance of
dut
• direct assault: a detention prisoner, who escaped from prison by disarming the
guards with the use of pisto
• evasion of service of sentence: a "convicted prisoner" who escaped from prison
by disarming the guard; qualifying circumstance of the use of intimidation; direct
assault is absorbe
• assaulting a person in authority: laying of hands, whether simple or serious,
upon a person in authority while engaged in the performance of duty or on
occasion thereof constitutes "quali ed direct assault
• quali ed direct assault: accused struck the Judge, who previously cited him in
contempt, on the street;
• quali ed direct assault: punching a barangay chairman who was doing his duty
to maintain his peace and order; but if the victim is a barangay tanod, the crime
is only simple resistanc
• serious intimidation upon a person in authority while engaged in the
performance of duty or on occasion thereof constitutes direct assaul
• laying of hands, whether simple or serious, upon a person in authority while

engaged in the performance of duties or on occasion thereof is quali ed
direct assault: the law does not distinguish between simple and serious laying of
hands upon a person in authorit
• oral defamation: standing with clenched sts before a head teacher and shouting
defamatory words at her during a meeting of the Parent's Teachers Associatio

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• direct assault can be complexed with other crimes: direct assault with serious
physical injurie
Article 149. Indirect assaults. -
- The penalty of prision correccional in its minimum and medium periods and a ne not
exceeding P500 pesos shall be imposed upon any person who shall make use of
force or intimidation upon any person coming to the aid of the authorities or their
agents on occasion of the commission of any of the crimes de ned in the next
preceding article
Elements
1. that a person in authority or his agent is the victim of any of the forms
of direct assault as de ned in Article 148
2. that a person comes to the aid of such authority or his agent
3. that the offender makes use of force or intimidation upon such person
coming to the aid of the authority or his agen
• assaulting a third person who is an agent of person in authority, is direct

assault upon an agen
• teacher was assaulted while conducting her class and the student comes to
her aid: the teacher is a person in authority while the student is an agent of person
in authority: the crime committed against the teacher is quali ed direct assault; while
direct assault is committed against the studen
• note: a teacher or lawyer who comes to aid of a mayor, shall be deemed a
person in authority under paragraph 2 of Article 15
• a lawyer who was preventing his client from further assaulting the judge who
convicted him is performing his duty as an of cer of the court; hence,
assaulting the lawyer, who comes to the aid of the judge, is "quali ed direct assault
upon a person in authority
• a third person comes to the aid of a barangay chairman, who was in icted
with serious physical injuries injuries while conducting a barangay meeting;
the offender also assaulted the 3rd person: by providing aid, the 3rd person shall
be deemed an agent of a chairman; the crime committed against the chairman is a
complex crime of direct assault upon a person in authority with serious physical
injuries while against the third person is direct assault upon an agent of a person in
authority
• third person who comes to the aid of an agent of a person in authority:
attacking a third person who comes to the aid of an agent of person in authority, who
is a victim of direct assault, is liable for "indirect assault"; attacking a third person
who comes to the aid of an agent of person in authority, who is a victim of simple
resistance, is liable for physical injurie

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Article 150. Disobedience to summons issued by the National Assembly, its

committees or subcommittees, by the Constitutional Commissions, its
committees, subcommittees or divisions. -
- The penalty of arresto mayor or a ne ranging from two hundred to one thousand
pesos, or both such ne and imprisonment shall be imposed upon
1- any person who, having been duly summoned to attend as a witness before the
National Assembly, (Congress), its special or standing committees and subcommittees,
the Constitutional Commissions and its committees, subcommittees, or divisions, or
before any commission or committee chairman or member authorized to summon
witnesses, refuses, without legal excuse, to obey such summons, or being present
before any such legislative or constitutional body or of cial,
2-refuses to be sworn or placed under af rmation or to answer any legal inquiry or to

produce any books, papers, documents, or records in his possession, when required by
them to do so in the exercise of their functions. The same penalty shall be imposed
upon any person who shall
3-restrain another from attending as a witness, or who shall induce disobedience to a

summon or refusal to be sworn by any such body or of cial
Elements:
1. by refusing, without legal excuse, to obey summons of the National
Assembly, its special or outstanding committees and subcommittees,
the Constitutional Commissions and its committees, subcommittees,
divisions, or by any commission or committee chairman or member
authorized to summon witnesses
2. by refusing to be sworn or placed under af rmation while being before
such legislative or constitutional body or of cial
3. by refusing to answer any legal inquiry or to produce any books,
papers, documents, or records in his possession, when required by
them to do so in the exercise of their functions
4. by restraining another form attending as a witness in such legislative
or constitutional body
5. by inducing disobedience to a summon or refusal to be sworn by any
such body or of cia
• note: the National Assembly is now the Congress of the Philippines,

consisting of the Senate and House of Representative
Article 151. Resistance and disobedience to a person in authority or the agents of

such person. -

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- The penalty of arresto mayor and a ne not exceeding 500 pesos shall be imposed
upon any person who not being included in the provisions of the preceding articles
shall resist or seriously disobey any person in authority, or the agents of such
person, while engaged in the performance of of cial duties
- When the disobedience to an agent of a person in authority is not of a serious nature,

the penalty of arresto menor or a ne ranging from 10 to P100 pesos shall be
imposed upon the offender
elements of resistance and serious disobedience (paragraph 1)

1. that a person in authority or his agent in engaged in the performance
of of cial duty or gives a lawful order to the offender
2. that the offender resists or seriously disobeys such person in authority

or his agent
3. that the act of the offender is not included in the provisions of Article
148, 149, and 150
elements of simple disobedience (paragraph 2

1. that the agent of a person in authority is engaged in the
performance of of cial duty or gives a lawful order to the offender
2. that the offender disobeys such agent of a person in authority

3. that such disobedience is not of serious in natur
• cannot be committed by reason of past performance of duty: simple resistance

and disobedience can only be committed if the person in authority or his agent is
engaged in the performance of duty; unlike direct assault, simple resistance and
disobedience cannot be committed by reason of past performance of dut
• lawful resisting: the police of cer exceeds his authority in striking the student; the
accused is not liable for simple resistance since he is merely defending the student;
the accused is justi ed due to circumstance of "defense of stranger
• illegal parking (only ne): since the arrest is illegal, resisting it is not constitutive if
the crime of resistance; in arresting the offended party, the patrolman is not
performing his duties;
• xpn: if the traf c enforcer required the motorist, who violated traf c rules, to
surrender his license, but the latter refused to do so, a warrantless arrest
can be made for the crime of disobedienc
• the writ of execution does not give the sheriff absolute discretion in choosing
the property to be attached; such writ does not prohibit the debtor in pointing out
to the sheriff which of such property should be attached and should be attached and
sold to satisfy the judgment with the proceeds thereof; the accused is just exercising
a right in preventing the sheriff from attaching his piano and chairs

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• third person who comes to aid the agent of a person in authority who is a
victim of resistance: physical injurie
Article 152. Persons in authority and agents of persons in authority; Who shall be
deemed as such. -
- In applying the provisions of the preceding and other articles of this Code, any person
directly vested with jurisdiction, whether as an individual or as a member of some
court or governmental corporation, board, or commission, shall be deemed a person
in authority. A barrio captain and a barangay chairman shall also be deemed a person
in authority
- A person who, by direct provision of law or by election or by appointment by

competent authority, is charged with the maintenance of public order and the
protection and security of life and property, such as a barrio councilman, barrio
policeman and barangay leader and any person who comes to the aid of persons in
authority, shall be deemed an agent of a person in authority
- In applying the provisions of Articles 148 and 151 of this Code, teachers, professors
and persons charged with the supervision of public or duly recognized private
schools, colleges and universities, and lawyers in the actual performance of
their professional duties or on the occasion of such performance, shall be
deemed persons in authority. (As amended by PD No. 299, Sept. 19, 1973 and
Batas Pambansa Blg. 873, June 12, 1985)
Chapter Five 
PUBLIC DISORDER
Article 153. Tumults and other disturbance of public orders; Tumultuous

disturbance or interruption liable to cause disturbance. -
- The penalty of arresto mayor in its medium period to prision correccional in its
minimum period and a ne not exceeding 1,000 pesos shall be imposed upon any
person who shall cause any serious disturbance in a public place, of ce, or
establishment, or shall interrupt or disturb public performances, functions or
gatherings, or peaceful meetings, if the act is not included in the provisions of
Articles 131 and 132
- The penalty next higher in degree shall be imposed upon persons causing any
disturbance or interruption of a tumultuous character
- The disturbance or interruption shall be deemed to be tumultuous if caused by

more than three persons who are armed or provided with means of violence
- The penalty of arresto mayor shall be imposed upon any person who in any meeting,
association, or public place, shall make any outcry tending to incite rebellion or

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sedition or in such place shall display placards or emblems which provoke a

disturbance of the public order
What are tumults and other disturbance of public order

They are
1. causing any serious disturbance in a public place, of ce or
establishment
2. interrupting or disturbing performances, functions, or gatherings, or
peaceful meetings, if the act is not included in Article 131 and 132
3. making any outcry tending to incite rebellion or sedition in any
meeting, association or public place
4. displaying placards or emblems which provoke a disturbance or public
order in such place
5. burying with pomp the body of a person who has been legally
execute
- The penalty of arresto menor and a ne not to exceed P200 pesos shall be imposed
upon these persons who in violation of the provisions contained in the last clause of
Article 85, shall bury with pomp the body of a person who has been legally executed
Article 154. Unlawful use of means of publication and unlawful utterances. -

- The penalty of arresto mayor and a ne ranging from P200 to P1,000 pesos shall be
imposed upon
1. Any person who by means of printing, lithography, or any other means of

publication shall publish or cause to be published as news any false news which
may endanger the public order, or cause damage to the interest or credit of the
State
2. Any person who by the same means, or by words, utterances or speeches shall
encourage disobedience to the law or to the constituted authorities or praise,
justify, or extol any act punished by law
3. Any person who shall maliciously publish or cause to be published any of cial
resolution or document without proper authority, or before they have been
published of cially; o
4. Any person who shall print, publish, or distribute or cause to be printed,
published, or distributed books, pamphlets, periodicals, or lea ets which do not
bear the real printer's name, or which are classi ed as anonymous
Article 155. Alarms and scandals. -

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- The penalty of arresto menor or a ne not exceeding P200 pesos shall be imposed
upon
1. Any person who within any town or public place, shall discharge
any rearm, rocket, recracker, or other explosives calculated to cause
alarm or danger
2. Any person who shall instigate or take an active part in any

charivari or other disorderly meeting offensive to another or
prejudicial to public tranquility
3. Any person who, while wandering about at night or while engaged in

any other nocturnal amusements, shall disturb the public peace; o
4. Any person who, while intoxicated or otherwise, shall cause any

disturbance or scandal in public places, provided that the
circumstances of the case shall not make the provisions of Article 153
applicable
• the discharge of recrackers and explosives must be committed in public

place; however, this crime can also be committed is a private place provided that it
is located in town and it produces alarm or dange
• discharge of rearm in uninhabited forest is not a crim
• alarm and scandal is an intentional felony: it must be committed with criminal evil
intent; discharging recrackers constitutive of the crime of alarm and sandal
because there is lack of criminal intent to produce danger or alar
• charivari: the term "charivari" includes a medley of discordant voices, a mock,
serenade of discordant noises made on kettles, tins, horns, etc., designed to annoy
and insul
Article 156. Delivery of prisoners from jails. -

(involves detention prisoner and convicted prisoner
- The penalty of arresto mayor in its maximum period of prision correccional in its
minimum period shall be imposed
1. upon any person who shall remove from any jail or penal establishment
any person con ned therein or
2. shall help the escape of such person, by means of violence, intimidation,

or bribery.
- If other means are used, the penalty of arresto mayor shall be imposed
- If the escape of the prisoner shall take place outside of said establishments by taking
the guards by surprise, the same penalties shall be imposed in their minimum

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period. (committed by an outsider, who removes from jail any person therein
con ned or helped him escape
Elements
1. that there is a person con ned in a jail or penal establishment
2. that the offender removes therefrom such person, or helps the escape
of such perso
• substitution: a person who substituted a prisoner by taking his place in jail; removal
of the prisoner from jail by means of "deceit
• furnishing a weapon: one who furnishes a detention prisoner with a material
means or tools which greatly facilitate his escape; providing pistol which helped the
prisoner to escape is delivery of prisoner from jail; can be committed outside of the
penal establishmen
Chapter Six 
EVASION OF SERVICE OF SENTENCE
Article 157. Evasion of service of sentence. -

continuing crime; xpn: destierro: the venue is where he is prohibited to ente
- The penalty of prision correccional in its medium and maximum periods shall be
imposed upon any convict who shall evade service of his sentence by escaping
during the term of his imprisonment by reason of nal judgment
qualifying circumstance:
However, if such evasion or escape shall have taken place
- by means of unlawful entry,
- by breaking doors,
- windows,
- gates,
- walls,
- roofs, or
- oors, or
- by using picklocks, false keys, deceit, violence or intimidation, or
- through connivance with other convicts or employees of the penal
institution, the penalty shall be prision correccional in its maximum period

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• serving sentence by nal judgment: cannot be committed by a detention prisoner;

the judgment is not yet nal if the reglementary period to appeal has not yet elapsed
or the sentence of his conviction was under appea
• direct assault and not evasion of service of sentence: if a detention prisoner
disarmed the guards with the use of pistol manifests criminal intention to defy the
law and its representative at all hazar
• destierro: is a deprivation of liberty considering that the convict is deprived of the

liberty to enter for a period of time the prohibited place designated by the court;
escaping the restrictions of the penalty of destierro by entering the prohibited place
is constitutive of evasion of service of sentenc
• R.A. No. 9165: any alien offender after service of sentence shall be deported
immediately without further proceedings; deportation: as a penalty consists of
deprivation of liberty because the deportee is deprived of his liberty from staying in
this country; it is submitted that an alien, who violated his penalty for deportation,
is liable for evasion of service of sentenc
• continuing crime; xpn: destierro: the venue is where he is prohibited to ente

Elements
1. that the offender is a convict by nal judgment
2. that he is serving his sentence which consists of deprivation of
liberty
3. that he evades the service of his sentence by escaping during the
term of his sentence
Chapter Five 
INFIDELITY OF PUBLIC OFFICERS
Section One. - In delity in the custody of prisoners
Article 223. Conniving with or consenting to evasion. -
- Any public of cer who shall consent to the escape of a prisoner in his "custody or
charge", (detention prisoner or escaped by nal judgment) shall be punished
1. By prision correccional in its medium and maximum periods and temporary

special disquali cation in its maximum period to perpetual special
disquali cation, if the fugitive shall have been sentenced by nal judgment to any
penalty
2. By prision correccional in its minimum period and temporary special

disquali cation, in case the fugitive shall not have been nally convicted but only
held as a detention prisoner for any crime or violation of law or municipal
ordinance

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Elements:
1. that the offender is a public of cer;
2. that he had in his custody or charge, a prisoner, either detention
prisoner or prisoner by nal judgment
3. that the prisoner escaped from his custody
4. that he was in connivance with the prisoner in the latter's escap
• the prisoner must be in his "custody or charge"

• permitting the prisoner to leave the jail and to obtain a a relaxation of his
imprisonment and, although the convict may not have ed, is consenting to
evasion, and not merely evasion through negligence since the penalty made is
ineffectual; a guard permitted a convicted prisoner to go and buy some cigarettes
near the place where he was held in custody; the prisoner, taking advantage of the
confusion in the crowd there, ed from the custody of the accuse
• consenting to evasion: relaxation of imprisonment is considered consenting to

evasion, or in delity in the custody of prisoner since it takes the penalty ineffectua
• the guard allowed the prisoner to sleep in his house since the xxx
• relaxation of prisoners: relaxation of imprisonment is considered consenting to
evasion or in delity in the custody of prisoners since it makes the penalty ineffectua
• in addition to consenting to evasion, the custodian is also liable for violation

of Section 3 (e) of RA No. 3019; transferring prisoner from jail to his residence is
giving undue preference, advantage, and bene t to a private party through manifest
partiality and evident bad faith in violation of this provisio
• evasion of service of sentence and consenting to evasion: the jail guard as well
as a lawyer allowed the prisoner to escape because the Judge committed a mistake
in giving him his sentence; the fact that the judge committed a mistake in imposing
the penalty is not an excuse for escaping; X should have avail of procedural
remedies under the law; by assessing on his own the proper penalty and escaping
on the assumption that he already served the correct penalty, he placed the law into
his own hands, which is not allowed since it will destroy the foundation of the judicial
syste
Article 224. Evasion through negligence. -
- If the evasion of the prisoner shall have taken place through the negligence of the
of cer charged with the conveyance or custody of the escaping prisoner, said

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of cer shall suffer the penalties of arresto mayor in its maximum period to prision
correccional in its minimum period and temporary special disquali cation
Elements
1. that the offender is a public of cer
2. that he is charged with the conveyance or custody of a prisoner,
either detention prisoner or prisoner by nal judgment
3. that such prisoner escapes through his negligence
• off-duty: only custodian can commit in delity in the custody of prisoner; since the
guard is off, the prisoner is technically not under his custody; pp. 7
• laxity, the negligence must be notorious and apparent; must suggest a deliberate
non-performance of duty of the jailer or the guar
• to be considered as a detention prisoner: the arrested must be booked in the

of ce of the police and placed in jail even for momen
• escape of an arrestee from custody of police of cers prior to his con nement
in prison could not be a source of the crime of delivering prisoner from jail,
evasion of service of sentence or in delity in the custody of prisone
delivery of prisoner from evasion of service of in delity in the custody

jail sentence of prisoner
the person, who escaped the accused must be a the person, who escaped
through the help of the convicted prisoner and in connivance with or
accused, is either a not merely a detention consent of through
detention prisoner or prisoner negligence of the accused
convicted prisoner custodian, is either a
detention prisoner or a
convicted prisoner
• dolo or culpa: committed by means of dolo: evasion in the service of sentence

and delivery of prisoners from jail; committed by means of dolo or culpa: in delity
in the custody of prisoner
• on the date of hearing, custodian removed the handcuffs of a detention

prisoner and allowed him to sit on one of the chairs inside the courtroom; as
the custodian was talking to a lawyer inside the courtroom, the detention
prisoner, with the help of a cigarette vendor, escaped: the detention prisoner is
not liable for evasion of service of sentence since the crime can only be committed
by a convicted prisoner; the custodian is liable for evasion through negligence: the
vendor is liable for delivery of prisoner from jai
Article 225. Escape of prisoner under the custody of a person not a public of cer.
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- Any private person to whom the conveyance or custody or a prisoner or person under
arrest shall have been con ded, who shall commit any of the offenses mentioned in
the two preceding articles, shall suffer the penalty next lower in degree than that
prescribed for the public of cer
Elements
1. that the offender is a private person
2. that the conveyance or custody of a prisoner or person under arrest is
con ded to him
3. that the prisoner or person under arrest escapes
4. that the offender consents to the escape of the prisoner or person
under arrest takes place through his negligenc
• when Article 225 not applicable: it is not applicable if a private person was not the
one who made the arrest and he consented to the escape of the person arreste
Article 158. Evasion of service of sentence on the occasion of disorder,

con agrations, earthquakes, or other calamities. -
- A convict who shall evade the service of his sentence, by leaving the penal institution
where he shall have been con ned, on the occasion of disorder resulting from a
con agration, earthquake, explosion, or similar catastrophe, or during a mutiny
in which he has not participated, shall suffer an increase of one- fth of the time
still remaining to be served under the original sentence, which in no case shall
exceed six months, if he shall fail to give himself up to the authorities within
forty-eight hours following the issuance of a proclamation by the Chief Executive
announcing the passing away of such calamity
Elements:
1. that the offender is a convict by nal judgment, who is con ned in a
penal institution
2. that there is order resulting from- ceesm
A. con agration
B. earthquake
C. explosion
D. similar catastrophe; o
E. mutiny in which he has not participate

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3. that the offender evades the service of his sentence by leaving the
penal institution where he is con ned, on the occasion of such disorder
or during the mutin
4. that the offender fails to give himself up to the authorities within 48
hours following the issuance of a proclamation by the Chief Executive
announcing the passing away of such calamity
• not a participant in mutiny: the prisoner must not have participated in the mutiny,
otherwise, the crime committed is "evasion of service of sentence
• "special time allowance for loyalty under Article 98": if he did not surrender
within 48 hours following the issuance of a proclamation by the Chief Executive
announcing the passing away of such calamity: the crime committed is "evasion of
service of sentence"
• Convicts who, under the circumstances mentioned in the preceding paragraph, shall
give themselves up to the authorities within the above mentioned period of 48
hours, shall be entitled to the deduction provided in Article 98
Article 159. Other cases of evasion of service of sentence. -
- The penalty of prision correccional in its minimum period shall be imposed

upon the convict who, having been granted conditional pardon by the Chief
Executive, shall violate any of the conditions of such pardon. However, if the
penalty remitted by the granting of such pardon be higher than six years, the
convict shall then suffer the unexpired portion of his original sentence
• if the penalty is not higher than 6 years: prision correccional in its minimum
perio
• if the penalty is higher than 6 years: convict shall suffer the unexpired portion of
his original sentence
• limited to the period of the prisoner's sentence: settled is the rule that the
duration of the condition subsequent, annexed to a pardon, would be limited to the
period of the prisoner's sentence unless the intention to extend it beyond that time
was manifest from the nature of the condition or the language in which it was
impose
• nature of conditional pardon-it is a contract: a conditional pardon is a contract

between the Chief Executive, who grants the pardon and the convict, who accepts it;
since it is a contract, the pardoned convict is bound to ful ll its conditions and accept
all its consequences, not as he chooses, but according to the strict term
Chapter Seven 
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED
FOR ANOTHER PREVIOUS OFFENS

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Article 160. Commission of another crime during service of penalty imposed for
another offense; Penalty. -
- Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony
after having been convicted by nal judgment, before beginning to serve such
sentence, or while serving the same, shall be punished by the maximum period of the
penalty prescribed by law for the new felony
- Any convict of the class referred to in this article, who is not a habitual criminal, shall
be pardoned at the age of seventy years if he shall have already served out his
original sentence, or when he shall complete it after reaching the said age, unless by
reason of his conduct or other circumstances he shall not be worthy of such
clemency
Quasi-Recidivism: Article 160 pertains to quasi-recidivis
Elements
1. that the offender was already convicted by nal judgment of one
offense
2. that he committed a new felony before beginning to serve such
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Title Four
CRIMES AGAINST PUBLIC INTERES
Chapter One 
FORGERIE
Section One. - Forging the seal of the Government of the Philippine Islands, the
signature or stamp of the Chief Executiv
Article 161. Counterfeiting the great seal of the Government of the Philippine
Islands, forging the signature or stamp of the Chief Executive. -
- The penalty of reclusion temporal shall be imposed upon any person who shall forge
the Great Seal of the Government of the Philippine Islands or the signature or
stamp of the Chief Executive
Acts punished
1. Forging the great seal of the Government of the Philippines
2. Forging the signature of the President
3. Forging the stamp of the Presiden
Article 162. Using forged signature or counterfeit seal or stamp. -
- The penalty of prision mayor shall be imposed upon any person who shall
- knowingly make use of the counterfeit seal or
- forged signature or stamp mentioned in the preceding article

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Elements: (Great Seal, signature or stamp; knew, used

1. that the Great Seal of the Republic of the Philippines was
counterfeited or the signature or stamp of the Chief Executive was
forged by another person
2. that the offender knew of the counterfeiting or forgery
3. that he used the counterfeit seal or forged signature or stam
Section Two. - Counterfeiting Coins
Article 163. Making and importing and uttering false coins. -
- Any person who makes, imports, or utters, false coins, in connivance with
counterfeiters, or importers, shall suffer
1. Prision mayor in its minimum and medium periods and a ne not to

exceed P10,000 pesos, if the counterfeited coin be silver coin of the Philippines
or coin of the Central Bank of the Philippines of ten centavo denomination or
above
2. Prision correccional in its minimum and medium periods and a ne of not to

exceed P2,000 pesos, if the counterfeited coins be any of the minor coinage of
the Philippines or of the Central Bank of the Philippines below ten-centavo
denomination
3. Prision correccional in its minimum period and a ne not to exceed P1,000

pesos, if the counterfeited coin be currency of a foreign country. (As amended by
R.A. No. 4202, approved June 19, 1965)
Elements
1. that there be false or counterfeited coins
2. that the offender either made, imported or uttered such coins
3. that in case of uttering such false or counterfeited coins, he
connived with the counterfeiters or importer
• counterfeiting: means the imitation of a legal coin is made; there must be an

imitation of the peculiar design of a genuine coi
• the offender should not be the one who forged the great seal or signature of the
Chief Executive, otherwise, he shall be penalized under Article 16
• that the act is that of an accessory but the penalty is one degree lowe

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• in using forged signature or stamp of the Chief Executive, or forged seal, the
participation of the offender is in effect that of an accessory, and although the
general rule is that he should be punished by a penalty of 2 degrees lower, under
Article 162 he is punished by a penalty only 1 degree lowe
Article 164. Mutilation of coins; Importation and utterance of mutilated coins. -
- The penalty of prision correccional in its minimum period and a ne not to

exceed P2,000 pesos shall be imposed upon any person who shall
- mutilate coins of the legal currency of the United States or of the

Philippine Islands or
- import or utter mutilated current coins, or
- in connivance with mutilators or importers
Acts punished under Article 164

1. mutilating coins of the legal currency, with the further requirement that
there be intent to damage or to defraud another
2. importing or uttering such mutilated coins, with the further requirement
that there must be connivance with the mutilator or importer in case of
uttering
• mutilation: means to take off part of the metal either by lling it or substituting it for
another metal of inferior quality; the coin diminishes its legal valu
• the coin must be of legal tende
• coins of foreign currency not included: the coin mutilated must be genuine, and
has bot been withdrawn from circulation; the coin must be of legal currency or
current coins of the Philippines; therefore, the coin mutilated is legal tender of a
foreign to the Philippines; if the coin mutilated is legal tender of a foreign country, is
not a crime of mutilation under the RPC
Article 165. Selling of false or mutilated coin, without connivance. -
- The person who knowingly, although without the connivance mentioned in the
preceding articles,
- shall possess false or mutilated coin with intent to utter the same, or
- shall actually utter such coin,
shall suffer a penalty lower by one degree than that prescribed in
said articles

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1. possession of coin, counterfeited or mutilated by another person, with intent

to utter the same, knowing that it is false or mutilated
A. possession;
B. with intent to utter
C. knowledg
2. actually uttering such false or mutilated coin, knowing the same to be false or
mutilated
A. actually uttering; an
B. knowledg
• in forgery, forged coins include those of legal currency of the Philippines, or foreign
country; in mutilation, the mutilated coins are con ned to those of legal currency of
the Philippine
• Articles 166-169: forgery or counterfeiting involving treasury, bank note, or
other instrument committed by ANY PERSON
1. who forges such instrument by giving it the appearance of a true
and genuine document, or erases, substitutes, counterfeits or alters
it by any means the gures, letters, words, signs contained therein
2. who imports such forged instrument
3. who utters it with or without connivance or foreigners or importers;
o
4. possesses it with the intent to use or utter it but without connivance
with forgers or importer
• the word "victory" has been added to the withdrawn treasury note and used it
to buy balut: forgery was committed: since a word has been added in the
demonetized treasury certi cate in an effort to give it the appearance of the true and
genuine certi cate that is used to have before it was withdrawn to the circulatio
• intent to possess is not intent to use: possession of false treasury or bank notes
alone, without anything more, is not a criminal offense; for it to constitute an offense
under Article 168, the possession must be with intent to use said false treasury or
bank note
• possession of forged bills with intent to use: the accused was caught in
possession of 100 counterfeit 20 bills; he could not explain how and why he
possess the said bills; neither could he explain what he intended to do with the fake
bill
• the intention of the possessor to utter said notes; an
• the knowledge, which the possessor had knowledge of the falsity of the said
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• no intent to use to the damage of another/for display: a person who

counterfeited a 50 peso bill under the glass of his table among other objects as
decorations; is not liable for illegal possession of false bank note, there being no
intent to use it to the damage of anothe
Section Three. - Forging treasury or bank notes, obligations and securities;

importing and uttering false or forged notes, obligations and securities
Article 166. Forging treasury or bank notes on other documents payable to

bearer; importing, and uttering such false or forged notes and documents. -
- The forging or falsi cation of treasury or bank notes or certi cates or other obligations
and securities payable to bearer and the importation and uttering in connivance with
forgers or importers of such false or forged obligations or notes, shall be punished as
follows
1. By reclusion temporal in its minimum period and a ne not to exceed P10,000
pesos, if the document which has been falsi ed, counterfeited, or altered, is
an obligations or security of the United States or of the Philippines Islands
- The word "obligation or security of the United States or of the Philippine Islands" shall
be held to mean all bonds, certi cates of indebtedness, national bank notes,
fractional notes, certi cates of deposit, bills, checks, or drafts for money, drawn by or
upon authorized of cers of the United States or of the Philippine Islands, and other
representatives of value, of whatever denomination, which have been or may be
issued under any act of the Congress of the United States or of the Philippine
Legislature
2. By prision mayor in its maximum period and a ne not to exceed P5,000

pesos, if the falsi ed or altered document is a circulating note issued by any
banking association duly authorized by law to issue the same
3. By prision mayor in its medium period and a ne not to exceed P5,000 pesos,

if the falsi ed or counterfeited document was issued by a foreign government
4. By prision mayor in its minimum period and a ne not to exceed P2,000

pesos, when the forged or altered document is a circulating note or bill issued
by a foreign bank duly authorized therefo
3 penalized under ARTICLE 166

1. forging or falsi cation of treasury or bank notes or other documents
payable to the bearer
2. importation of such false or forged obligations or notes
3. uttering of such false or forged obligations or notes in connivance with
the forgers or importer

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Article 167. Counterfeiting, importing and uttering instruments not payable to

bearer. -
- Any person who shall forge, import or utter, in connivance with the forgers or
importers, any instrument payable to order or other document of credit not payable to
bearer, shall suffer the penalties of prision correccional in its medium and maximum
periods and a ne not exceeding P6,000 pesos
Elements
1. that there be an instrument payable to order or other document of
credit not payable to bearer
2. that the offender either forged, imported or uttered such instrument
3. that in case of uttering, he connived with the forger or importe
Article 168. Illegal possession and use of false treasury or bank notes and other
instruments of credit. -
- Unless the act be one of those coming under the provisions of any of the preceding
articles, any person who shall knowingly use or have in his possession, with intent to
use any of the false or falsi ed instruments referred to in this section, shall suffer the
penalty next lower in degree than that prescribed in said articles
Elements:
1. that any treasury or bank note or certi cate or other obligation and
security payable to bearer, or any instrument payable to order or other
document of credit not payable to bearer is forged or falsi ed by
another person
2. that the offender knows that any of those instruments is forged or
falsi e
3. that he performs any of these act
A. using any of such forged or falsi ed instruments; o
B. possessing with intent to use any of such forged or falsi ed
instrument
Article 169. How forgery is committed. -
- The forgery referred to in this section may be committed by any of the following
means
1. By giving to a treasury or bank note or any instrument, payable to

bearer or order mentioned therein, the appearance of a true genuine
document

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

gures, letters, words or signs contained therein
Section Four. - Falsi cation of legislative, public, commercial, and private

documents, and wireless, telegraph, and telephone message
Article 170. Falsi cation of legislative documents. -

- The penalty of prision correccional in its maximum period and a ne not
exceeding P6,000 pesos shall be imposed upon any person who, without proper
authority therefor alters any bill, resolution, or ordinance enacted or approved or
pending approval by either House of the Legislature or any provincial board or
municipal council
Elements
1. that there be a bill, resolution, or ordinance enacted or approved or
pending approval by either House of the Legislature or any provincial
board or municipal council
2. that the offender alters the same
3. that he has no proper authority therefor
4. that the alteration has changed the meaning of the document
Article 171. Falsi cation by public of cer, employee or notary or ecclesiastic

minister. -
- The penalty of prision mayor and a ne not to exceed P5,000 pesos shall be imposed
upon any public of cer, employee, or notary who, taking advantage of his of cial
position, shall falsify a document by committing any of the following acts
-public of cer
-employee
-notar
-ecclesiastical ministe
Falsi cation of Document under Article 171 and 172
1. A public of cer, or notary who, taking advantage of his of cial position,
falsi es a document
2. An ecclesiastical minister, who falsi es a document of such character
that its falsi cation may affect the civil status of persons
3. A private individual who falsi es public or of cial document, or
commercial document such as letter of exchange; o

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4. Any person who falsi es private document to the damage (prejudice)

of a third party, or with the intent to case such damage (prejudice
1. Counterfeiting or imitating any handwriting, signature or rubric
• Document: is any written statement which right is established or an obligation

extinguished such as contract; or deed instrument or other duly authorized paper by
which something is proved, evidenced or set forth such as demand letter, and
marriage contrac
• public document: is one authorized by law or regulation or in which a public of cer,

notary public or any person authorized to administer oaths intervenes for purpose of
authenticating the same, and not as party thereto; of cial document is also a public
documen
• commercial documents: documents used by merchants or businessmen to

promote or facilitate trade or credit transactions such as certi cate of time deposit;
loan documents; and sales invoice; or documents de ned and regulated by
commercial la
• private document: is a deed or instrument executed by a private person, by which

something is proved or evidence, and which is not classi ed as public, of cial, or
commercial documen
• feigning of signature: there is no original signature, handwriting or rubric but a

simulation of signature, handwriting or rubric does not exist; resemblance of the
false signature and genuine signature is not required because in the rst place there
is no genuine signature involved in falsi cation by feigning the signatur
• counterfeiting: there is an original signature, handwriting, or rubric, which is

imitated; it is not necessary that the imitation is perfect; what is important is that it
can deceive a person well acquainted with the signature sought to be imitated; in
counterfeiting of signature, there must be intent to imitate or an attempt to imitate,
which can be established by showing that the genuine signature and false signature
bear suf cient resemblance to each other as to be likely to deceive and ordinary
person receiving or dealing with the instrumen
2. Causing it to appear that persons have participated in any act or proceeding
when they did not in fact so participate
• the signatures need not be imitated: postmaster who forged the signature of the
payees on the postal money order to make it appear that they signed the documents
is liable for falsi cation although the signatures of the payee was not imitated; even
though intent to imitate is not established because there is no semblance of
similarity between false signature on the document and the genuine signatur

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3. Attributing to persons who have participated in an act or proceeding

statements other than those in fact made by them
• the accused told the offended parties that they are signing the power of
attorney but in fact, they were signing a deed of sale; accused is guilty of the
crime of falsi cation of notarial document by counterfeiting therein the intervention
of the legitimate owners of property to whom he ascribed statements different from
what they had made to him and by perverting the truth in the narration of fact
• blotted out the grades of the correctors and wrote new and increased grades
opposite their initials, without indicating by her own initials that she made the
alterations; attributed to the correctors statements other than those in face made
by the
4. Making untruthful statements in a narration of facts
• declaring oneself as the owner of the property: falsely representing himself as

the owner of house and lot in a forged deed of sale would constitute an act of
falsi cation by making untruthful statement in the narration of facts in the deed of
sal
• does not prohibit the mere formation of a public utility corporation without the
required formation of Filipino capital; what it does prohibit is the granting of a
franchise or other form of authorization for the operation of a public utility corporation
already in existence but without the requisite proportion of a Filipino capita
• application for franchise to operate public utility: in such application, disclosure

of the true owners of the stocks of the corporation is essential in order not to
circumvent the Constitution; hence, he is legally obliged to reveal the trut
• the facts are required to appear therein to establish identity of the taxpayer;
thus, since the duty to disclose these facts are inherent in the transaction, there was
no need for the criminal charge to allege that the accused had such dut
• law against nepotism: although the law against nepotism does not explicitly
provide that the appointing authority shall disclose his true relationship with the
appointee in the form of a certi cation, nonetheless, his legal obligation to disclose
such relationship is inherent in the law and the nature and purpose of such
certi cation; withdrawal of appointment is not a defense; the crime of falsi cation
having already been committed, no acts showing subsequent repentance and
abandonment of purpose, even if true, can relieve the accused of his penal liabilit
• narration of facts and "not conclusion of law": conclusion of law is de ned as a

proposition not arrived at by any process of natural reasoning from a fact or
combination of facts stated by the application of the arti cial rules of law to the facts
pleade
• narration of facts: stated a different date to make it appear that he is quali ed to

run for of c

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COLOSSIANS 3:23
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• conclusion of law: eligible to the of ce because he believed that the 23 year old
requirement could be adequately met if she reached 23 upon assuming the of ce;
conclusion of law; no falsi catio
• falsi cation by omission/making untruthful statements in the narration of

facts: to avoid paying the amount stated in the chits, accused destroyed some of
the chits and deliberately did not record them in his personal account; failure to enter
his debt in the record boo
• even if assuming that the entrapment is illegal, it will not validate the
withdrawal based o the second check, which is also forged; the criminality in
forging the second check is not affected by the alleged illegality in the entrapment
operatio
5. Altering true dates
6. Making any alteration or intercalation in a genuine document which changes its

meaning
• must be made in genuine document such as transcripts of stenographic notes in a

dispositio
7. Issuing in an authenticated form a document purporting to be a copy of an

original document when no such original exists, or including in such a copy a
- statement contrary to, or different from, that of the genuine original; o

- false statements included in a genuine documen
8. Intercalating any instrument or note relative to the issuance thereof in a

protocol, registry, or of cial book
• false document is intercalated in a genuine registry or of cial boo

• in other acts of falsi cation, the documents falsi ed may be genuine or simulated;
in falsi cation, the document need not be an authentic of cial paper since its
simulation is also contemplated in the falsi catio
- The same penalty shall be imposed upon any ecclesiastical minister who shall
commit any of the offenses enumerated in the preceding paragraphs of this article,
with respect to any record or document of such character that its falsi cation may
affect the civil status of persons
• there are 2 essential elements of falsi cation of document, to wit
1. acts of falsi cation; an

2. the acts of falsi cation are made on a document

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COLOSSIANS 3:23
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3. in falsi cation of document by a public of cer or notary public, there is a

third element, and that is, taking advantage of his of cial positio
• falsi cation of document by an ecclesiastical minister: document falsi ed is of

character that its falsi cation may affect the civil status of the perso
• falsi cation of private document by a private individual: there is a third element,
and that is,
- damage or prejudice caused to a third person, or
- with the intent to cause such damage or prejudic
• falsi cation of public, of cial, or commercial document by a private individual,

there is no third elemen
• elements of falsi cation of document by a public of cer: taking advantage of

position
1. he has the duty to make or prepare or otherwise to intervene in the

preparation of a document; o
2. he has the of cial custody of the document which he falsi e
• falsi cation of parochial document: considered as private writings; the

falsi cation of which will affect the religious states of a person but not his civil
status; falsi cation of baptismal certi cate by making it appear a godparent of the
child being baptized signed it is not punishable under the Revised Penal Cod
• 4th element: in case the offender is an ecclesiastical minister, the act of falsi cation
is committed with respect to any record or document of such character that its
falsi cation may affect the civil status of persons
• note: one who will take the CSC examination for another: guilty of falsi cation of
public document; conspirac
DAMAGE OR PREJUDICE TO THIRD PERSO
FALSIFICATION OF A PUBLIC FALSIFICATION OF PRIVATE

DOCUMENT DOCUMENT
is consummated upon the execution of damage to a third party or the intent to

false document cause such damage is an element

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THAN FOR PEOPLE."
FALSIFICATION OF A PUBLIC FALSIFICATION OF PRIVATE

DOCUMENT DOCUMENT
what is punished in falsi cation of public in estafa, the damage must be capable of
document is principally the undermining pecuniary estimation; in falsi cation of
of the public faith and the destruction of private document, it is not required that
truth as solemnly proclaimed therein; the the damage as an element must be
fact that the accused did not bene t from, capable of pecuniary estimation; it may
or that the public was not prejudiced by include damage to one's honor
the falsi ed resolution is not a defense
signed her deceased husband's name in

endorsing 3 treasury warrants since her
husband has accumulated vacation and
sick leave: falsi cation of public
document is committed because damage
is not element of this crime
Article 172. Falsi cation by private individual and use of falsi ed documents. -

- The penalty of prision correccional in its medium and maximum periods and a ne of
not more than P5,000 pesos shall be imposed upon
1. Any private individual who shall commit any of the falsi cations enumerated
in the next preceding article in any public or of cial document or letter of
exchange or any other kind of commercial document; an
2. Any person who, to the damage of a third party, or with the intent to cause
such damage, shall in any private document commit any of the acts of
falsi cation enumerated in the next preceding article
- Any person who shall knowingly introduce in evidence in any judicial proceeding or to
the damage of another or who, with the intent to cause such damage, shall use
any of the false documents embraced in the next preceding article, or in any of
the foregoing subdivisions of this article, shall be punished by the penalty next lower
in degree
Elements of use of falsi ed document are as follows
1. that the offender knew that a document was falsi ed by another person
• accused is not the one who falsi ed the document because if the accused is the
author of falsi cation, the crime committed is falsi cation of document and not use
fo falsi ed documen

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• the signatures of his co-owners on the special power of attorney are forged;
having used the forged document, accused is presumed to be its forge
• estafa through falsi cation of commercial document: using the falsi ed check
for his own bene t ; using falsi ed check for his own bene t gives rise to the
presumption that he is the author of falsi catio
• using the falsi ed receipt to support his defense of payment gives rise to the
presumption that the accused is the author of falsi cation; hence, the crime
committed is falsi cation of public document and not use of a falsi ed document in
a judicial proceedin
2. that the false document is embraced in Article 171 or in any subdivisions of
Nos. 1 and 2 of Article 172; an
3. that he introduced said document in evidence in any judicial proceeding or he
used such document (not in judicial proceedings) that caused damage to
another or at least it was used with intent to cause such damag
Article 173. Falsi cation of wireless, cable, telegraph and telephone messages,
and use of said falsi ed messages. - The penalty of prision correccional in its
medium and maximum periods shall be imposed upon of cer or employee of the
Government or of any private corporation or concern engaged in the service of sending
or receiving wireless, cable or telephone message who utters a ctitious wireless,
telegraph or telephone message of any system or falsi es the same
Any person who shall use such falsi ed dispatch to the prejudice of a third party or with
the intent of cause such prejudice, shall suffer the penalty next lower in degree
• the message includes wireless, cable, telegraph, and telephone message
Section Five. - Falsi cation of medical certi cates, certi cates of merit or

services and the like
Article 174. False medical certi cates, false certi cates of merits or service, etc. -
- The penalties of arresto mayor in its maximum period to prision correccional in its
minimum period and a ne not to exceed P1,000 pesos shall be imposed upon
1. Any physician or surgeon who, in connection, with the practice of his
profession, shall issue a false certi cate; an
2. Any public of cer who shall issue a false certi cate of merit of
service, good conduct or similar circumstances
- The penalty of arresto mayor shall be imposed upon any private person who shall
falsify a certi cate falling within the classes mentioned in the two preceding
subdivisions

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THAN FOR PEOPLE."
Article 175. Using false certi cates. -

- The penalty of arresto menor shall be imposed upon any one who shall knowingly
use any of the false certi cates mentioned in the next preceding article
Section Six. - Manufacturing, importing and possession of instruments or
implements intended for the commission of falsi cation
Article 176. Manufacturing and possession of instruments or implements for

falsi cation. -
- The penalty of prison correctional in its medium and maximum periods and a ne not
to exceed P10,000 pesos shall be imposed upon any person
- who shall make or introduce into the Philippine Islands
- any stamps,
- dies,
- marks, or
- other instruments or implements intended to be used in the commission of
the offenses of counterfeiting or falsi cation mentioned in the preceding
sections of this Chapter.
- Any person who, with the intention of using them, shall have in his possession any
of the instruments or implements mentioned in the preceding paragraphs, shall suffer
the penalty next lower in degree than that provided therein
Chapter Two 
OTHER FALSITIE
Section One. - Usurpation of authority, rank, title, and improper use of names,

uniforms and insignia
Article 177. Usurpation of authority or of cial functions. -

- Any person who shall knowingly and falsely represent himself to be an of cer,
agent or representative of any department or agency of the Philippine Government or
of any foreign government, or who,
- under pretense of of cial position, shall perform any act pertaining to
- any person in authority or public of cer of the Philippine Government or
- any foreign government, or
- any agency thereof,
- without being lawfully entitled to do so, shall suffer the penalty of
prision correccional in its minimum and medium periods

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usurpation through falsi cation of public documents v. estafa through

falsi cation of document:
• usurpation through falsi cation of public documents: falsi cation was

committed as a necessary means to commit usurpation of authority (offender
introduced himself as a BIR agent by showing false ids);
• estafa through falsi cation of document: after representing himself, he started to

collect taxe
• usurpation of authority: still represented himself as a CIS agent after having been
dismisse
• usurpation of of cial function: pretending to be a CIS agent arrested a person;

pretended to be a Police Of cer, stopped the buses and asked for their driver's
licens
• person in authority (lawyers and teachers): not considered as persons in

authority under Article 17
• religious minister/priest: not considered as person in authority; solemnizing

marriage is not usurpation of of cial functio
Article 178. Using ctitious name and concealing true name. -
using ctitious name

- The penalty of arresto mayor and a ne not to exceed 500 pesos shall be imposed
upon any person who shall publicly use a ctitious name for the purpose of
concealing a crime, evading the execution of a judgment or causing damage
concealing true name
- Any person who conceals his true name and other personal circumstances shall be
punished by arresto menor or a ne not to exceed 200 pesos
• PD 1829/Obstruction of Justice: if the use of ctitious name or concealing true
name is committed to obstruct, impede, frustrate criminal investigation and
prosecutio
• judgment in Section 1 (d) of PD No. 1829 vs. Article 178: must be rendered in a
criminal proceeding because of the general element of obstruction of justice; under
Article 178 of the ROC, it may involve criminal, administrative, or civil proceedin
• used in hiding from criminal prosecution; publicly applies to himself without
authority of la
• No person shall use any name different from one with which he was registered
from birth xxx or any authorized name as may have been authorized by court
xxx pseudonyms used in literary xx

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• public use of ctitious name: publicly means manifestly and ostensibly; if the
ctitious name is used in public or of cial proceeding, or in the case of an alien who
used a ctitious name, in application of passport, there is a public use of ctitious
nam
Article 179. Illegal use of uniforms or insignia. -

- The penalty of arresto mayor shall be imposed upon any person who shall
- publicly and improperly make use of
- insignia,
- uniforms or
- dress pertaining to an of ce not held by such person or to a class of persons
of which he is not a member
• an exact imitation of a uniform or dress is unnecessary: a colorable

resemblance calculated to deceive the common run of people-not those throughly
familiar with every detail or accessory thereof-is suf cien
• if used in drama or theaters, the crime is not committe
• RA 493: police and military uniforms, not prosecuted under the Revised Penal Code
Section Two. - False testimony
Article 180. False testimony against a defendant. -

- Any person who shall give false testimony against the defendant in any criminal case
shall suffer
- The penalty of reclusion temporal, if the defendant in said case shall have been
sentenced to death
- The penalty of prision mayor, if the defendant shall have been sentenced to reclusion
temporal or reclusion perpetua
- The penalty of prision correccional, if the defendant shall have been sentenced to any
other af ictive penalty; an
- The penalty of arresto mayor, if the defendant shall have been sentenced to a
correctional penalty or a ne, or shall have been acquitted
- In cases provided in subdivisions 3 and 4 of this article the offender shall further
suffer a ne not to exceed 1,000 pesos
Article 181. False testimony favorable to the defendants. -

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THAN FOR PEOPLE."
- Any person who shall give false testimony in favor of the defendant in a criminal
case, shall suffer the penalties of arresto mayor in its maximum period to prision
correccional in its minimum period a ne not to exceed 1,000 pesos, if the
prosecution is for a felony punishable by an af ictive penalty, and the penalty
of arresto mayor in any other case
Article 182. False testimony in civil cases. -

- Any person found guilty of false testimony in a civil case shall suffer the penalty of
prision correccional in its minimum period and a ne not to exceed 6,000 pesos, if the
amount in controversy shall exceed 5,000 pesos, and the penalty of arresto mayor in
its maximum period to prision correccional in its minimum period and a ne not to
exceed 1,000 pesos, if the amount in controversy shall not exceed said amount or
cannot be estimated
Elements
1. that the testimony must be given in a civil case
2. that the testimony must related to issues presented in the said
case
3. that the testimony must be false
4. that the testimony must be given by the defendant knowing the
same must be false
5. that the testimony must be malicious and given with an intent to
affect the issues presented in said case
• not applicable if given in special proceedings: applies only to civil cases and not
to special proceeding
Article 183. False testimony in other cases and perjury in solemn af rmation. -
minimum period shall be imposed upon any person,
- who knowingly makes untruthful statements and
- not being included in the provisions of the next preceding articles,
- shall testify under oath, or
- make an af davit, upon any material matter
- before a competent person authorized to administer an oath in cases
in which the law so requires

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- Any person who, in case of a solemn af rmation made in lieu of an oath, shall commit
any of the falsehoods mentioned in this and the three preceding articles of this
section, shall suffer the respective penalties provided therein
2 ways of committing perjury

1. by falsely testifying under oath; an
2. by making false af davit
Note: falsely testifying under oath should not be a judicial proceeding
Elements of Perjury
1. that the accused made a statement under oath or executed an
af davit upon a material matter
2. that the statement or af davit was made before a competent of cer,
authorized to receive and administer oath
3. that in that statement or af davit, the accused made a willful and
deliberate assertion of a falsehood; an
4. that the sworn statement or af davit containing the falsity is
required by la
• no perjury if sworn statement is not material to the principal matter under

investigation: in order that perjury could exist, it is necessary that false statement if
the accused refers to material matter and not merely to facts pertinent to the case in
connection with which it was mad
• the assertion of falsehood must be willful and deliberate: there is no perjury

through negligence or imprudence; good faith is a defense
false testimony perjury
is committed by a witness, who gives is committed by an af ant, who knowingly

false testimony under oath and solemn makes untruthful statements upon any
af rmation, in a criminal case against of material matter in an af davit or a
in favor of the accused; or in a civil case, solemnly af rmed statement before a
or in other case such as administrative competent person authorized to
case; or by a person who commits administer an oath in cases in which the
perjury in a sworn statement law so requires
under the RPC, false testimony includes

perjury

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THAN FOR PEOPLE."
perjury falsi cation
if the document is an af davit sworn if the document is one where there is an

statement where the law requires oath implied or express obligation to disclose
such as af davit of complaint or veri ed the truth such as community certi cate,
petition, making an untruthful statement PDS, or contract of sale
is perjury
failure to disclose in a sworn application failure to disclose in an unsworn

application
General Information Sheet of a reckless imprudence resulting in

corporation must be certi ed and sworn: falsi cation: several mistakes in the PDS;
untruthful statement is not falsi cation but not deliberate
perjury
falsi cation of document for making an not perjury: making it appear that a
untruthful statement in a narration of person participated in an act or
facts: untruthfully stating in the contract of proceeding where in fact he did not;
sale (not a sworn document) that the making it appear that af ants swore and
buyer is a Filipino even though he is a signed the af davit before him when in
foreigner fact they did not
Civil Service Examination: there are 2 documents involved in this case, to wit
1. perjury: untruthful statement in the sworn application
2. falsi cation of document (complex crime): perjury is a necessary

means to commit falsi cation of document/complex crime prope
• contradictory sworn statement is not a ground to prosecute the person for

perjury; complaint for theft then executed an af davit of desistance; there must be
evidence to show that the statement is fals
• no perjury through reckless imprudence or simple negligence; no perjury if he has

sworn to a person who is not authorized by law to administer oat
• perjury: making an untruthful statement in a veri ed petition for naturalizatio
• pleadings are not required to be under oath, veri ed or accompanied by

af davit; xpn: otherwise speci cally required by "law": a complaint for
damages or answer to complaint for collection of money need not be veri ed, an
essential element of the crime of perjur
• no more subornation of perjury; but one can be held liable for principal by
inducement: any person who causes or procures another person to commit
perjur

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COLOSSIANS 3:23
THAN FOR PEOPLE."
• false testimony in an administrative case: married government employee

having a relationship with his co-employee; testi ed that he is single; induced B to
testify that he is single to support his statement; the government employee is
also liable for perjury as principal by inducemen
• naturalization: declared falsely in his veri ed petition for naturalization that he has
all the quali cations and none of the disquali cation
• absolute privilege communication is not a defense in perjur

• good faith is a defense: a false statement which is obviously the result of an
honest mistake is not perjur
• venue of the crime is the place where the perjured af davit was notarized:
the criminal act is consummated when the statement containing a falsity is
subscribed and sworn before a duly authorized perso
• false oaths other than taken in the course of judicial proceeding
Article 184. Offering false testimony in evidence. -
- Any person who shall knowingly offer in evidence a false witness or testimony in any
judicial or of cial proceeding, shall be punished as guilty of false testimony and shall
suffer the respective penalties provided in this section
Elements of offering testimony in evidence

1. that the offender offered in evidence a false witness or false
testimony
2. that he knew the witness of the testimony was false
3. that the offer was made in a judicial or of cial proceeding
• the person who gave the false testimony is liable for: false testimony under
Article 18
• perjured af davit v. falsi ed public document: if a lawyer presented a perjured

af davit in the preliminary investigation, the af ant is liable for perjury; if a lawyer
presented a falsi ed public document in a preliminary investigation, the author of
falsity is liable for falsi cation of document under Article 172 while the lawyer is liable
for use of falsi ed document under Article 17
• the offended party was forced by a policeman to sign a document entitled

"Sinumpaang Salaysay" which implicated him as the head of the robbery of a
bank; the lawyer offered the same to be used as evidence: the offended party is
not liable because of irresistible force; the policeman is liable for perjury as principal
by inducement;

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THAN FOR PEOPLE."
• a person, without inducing another, but knowing him to be a false witness,

presented him, and the latter testi es falsely in a judicial or of cial proceedin
Chapter Three 
FRAUD
Section One. - Machinations, monopolies and combination
Article 185. Machinations in public auctions. -
- Any person who shall solicit any gift or promise as a consideration for refraining from
taking part in any public auction, and any person who shall attempt to cause bidders
to stay away from an auction by threats, gifts, promises, or any other arti ce, with
intent to cause the reduction of the price of the thing auctioned, shall suffer the
penalty of prision correccional in its minimum period and a ne ranging from 10 to 50
per centum of the value of the thing auctioned

1. by soliciting any gift or promise as a consideration for refraining
from taking part in any public auction
2. by attempting to cause bidders to stay away from an auction by
threats, gifts, promises or any other arti ce
Elements of soliciting gift or promise: (mere solicitation consummated the crime
1. that there be a public auction
2. that the accused solicited any gift or a promise from any of the
bidders
3. that such gift or promise was the consideration for his refraining
from taking part in the public auction
4. that the accused had the intent to cause the reduction of the price
of the thing auctioned
Elements of attempting to cause bidders to stay away: (mere attempt constitutes
the crime
1. that there be a public auction
2. that the accused attempted to cause the bidders to stay away from
the public auction
3. that it was done by threats, gifts, promises, or any other arti ce

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COLOSSIANS 3:23
THAN FOR PEOPLE."
4. that the accused had the intent to cause the reduction of the price of
the thing auctione
• machinations in public auctions: petitioner had promised to share in the property

in question as a consideration for former's refraining from taking the public auction;
they had also had attempted to cause and in fact succeeded in causing another
bidder to stay away from the auction in order to cause reduction of the price of the
property auctione
Article 186. Monopolies and combinations in restraint of trade. -

- The penalty of prision correccional in its minimum period or a ne ranging from 200 to
6,000 pesos, or both, shall be imposed upon
1. Any person who shall enter into any contract or agreement or shall take part
in any conspiracy or combination in the form of a trust or otherwise, in
restraint of trade or commerce or to prevent by arti cial means free
competition in the market
mere execution of a contract of agreement consummates the crim
2. Any person who shall monopolize any merchandise or object of trade or

commerce, or shall combine with any other person or persons to monopolize
and merchandise or object in order to alter the price thereof by spreading
false rumors or making use of any other article to restrain free competition
in the market
• accused attributed to himself a supernatural power, distributed papers and

proclamations to the people of a certain town, and spread subversive and nancial
ideas that unless they lower the prices of needful commodities they would be visited
with ood and other calamitie
3. Any person who, being a manufacturer, producer, or processor of any

merchandise or object of commerce or an importer of any merchandise or object
of commerce from any foreign country, either as principal or agent, wholesaler or
retailer, shall combine, conspire or agree in any manner with any person likewise
engaged in the manufacture, production, processing, assembling or importation
of such merchandise or object of commerce or with any other persons not so
similarly engaged for the purpose of making transactions prejudicial to lawful
commerce, or of increasing the market price in any part of the Philippines, of any
such merchandise or object of commerce manufactured, produced, processed,
assembled in or imported into the Philippines, or of any article in the manufacture
of which such manufactured, produced, or imported merchandise or object of
commerce is used

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THAN FOR PEOPLE."
• price increase at the same time and with the same amount: the corporation of cers,
who actively and consciously participate in combining their corporations for the
purpose of increasing the market prices of their gasolin
- If the offense mentioned in this article affects any food substance, motor fuel or
lubricants, or other articles of prime necessity, the penalty shall be that of prision
mayor in its maximum and medium periods it being suf cient for the imposition
thereof that the initial steps have been taken toward carrying out the purposes of the
combination
- Any property possessed under any contract or by any combination mentioned in the
preceding paragraphs, and being the subject thereof, shall be forfeited to the
Government of the Philippines
- Whenever any of the offenses described above is committed by a corporation or

association, the president and each one of its agents or representatives in the
Philippines in case of a foreign corporation or association, who shall have knowingly
permitted or failed to prevent the commission of such offense, shall be held liable as
principals thereof
3 ways to commit the crime of monopoly and combination is restraint of trade

1. combination in restraint of trade
2. monopolization in restraint of trade; an
3. combination of manufacturer, producer, or processor or importer and
other
• president, director, or manager, or corporation or association or agent of

foreign corporation or association is liable as principals thereof for the crime of
monopoly and combination in restraint of trade; lack of active participation in the
commission of monopoly and combination in restraint of trade is not a defens
Section Two. - Frauds in commerce and industr
Article 187. Importation and disposition of falsely marked articles or merchandise

made of gold, silver, or other precious metals or their alloys. -
- The penalty of prision correccional or a ne ranging from 200 to 1,000 pesos, or both,
shall be imposed on any person who shall knowingly import or sell or dispose of any
article or merchandise made of gold, silver, or other precious metals, or their
alloys, with stamps, brands, or marks which fail to indicate the actual neness
or quality of said metals or alloys
- Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual
neness of the article on which it is engraved, printed, stamped, labeled or

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attached, when the rest of the article shows that the quality or neness thereof
is less by more than one-half karat, if made of gold, and less by more than four
one-thousandth, if made of silver, than what is shown by said stamp, brand,
label or mark. But in case of watch cases and atware made of gold, the actual
neness of such gold shall not be less by more than three one-thousandth than the
neness indicated by said stamp, brand, label, or mark
Articles or merchandise involved
• gold, silver, other precious metals, or their alloy
Elements
1. that the offender imports, sells, or disposes of any of those articles or
merchandise
2. that the stamps, brands, or marks or those articles or merchandise fail
to indicate the actual neness or quality of said metals or alloys
3. that the offender knows that the stamps, brands, or marks fail to
indicate the actual neness or quality of the metal or alloys
• estafa under Article 315: altering the marks of the neness of precious metal and
then selling it
• misbranded articles: selling the misbranded articles is not necessary; it does not
apply to manufacturer of misbranded article
Article 188. Subsisting and altering trade-mark, trade-names, or service marks. -

(Intellectual Property)
- The penalty of prision correccional in its minimum period or a ne ranging from 50 to
2,000 pesos, or both, shall be imposed upon
1. Any person who shall substitute the trade name or trade-mark of some other
manufacturer or dealer or a colorable imitation thereof, for the trademark of the
real manufacturer or dealer upon any article of commerce and shall sell the
same
2. Any person who shall sell such articles of commerce or offer the same for sale,
knowing that the trade-name or trade- mark has been fraudulently used in such
goods as described in the preceding subdivision
3. Any person who, in the sale or advertising of his services, shall use or substitute
the service mark of some other person, or a colorable imitation of such mark; o
4. Any person who, knowing the purpose for which the trade-name, trade-mark, or
service mark of a person is to be used, prints, lithographs, or in any way

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reproduces such trade-name, trade-mark, or service mark, or a colorable

imitation thereof, for another person, to enable that other person to fraudulently
use such trade-name, trade-mark, or service mark on his own goods or in
connection with the sale or advertising of his services
- A trade-name or trade-mark as herein used is a word or words, name, title, symbol,

emblem, sign or device, or any combination thereof used as an advertisement, sign,
label, poster, or otherwise, for the purpose of enabling the public to distinguish the
business of the person who owns and uses said trade-name or trade-mark
- A service mark as herein used is a mark used in the sale or advertising of services to
identify the services of one person and distinguish them from the services of others
and includes without limitation the marks, names, symbols, titles, designations,
slogans, character names, and distinctive features of radio or other advertising
Article 189. Unfair competition, fraudulent registration of trade-mark, trade-name

or service mark, fraudulent designation of origin, and false description. -
- The penalty provided in the next proceeding article shall be imposed upon
1. Any person who, in unfair competition and for the purposes of deceiving or
defrauding another of his legitimate trade or the public in general, shall sell his
goods giving them the general appearance of goods of another manufacturer or
dealer, either as to the goods themselves, or in the wrapping of the packages in
which they are contained or the device or words thereon or in any other features
of their appearance which would be likely to induce the public to believe that the
goods offered are those of a manufacturer or dealer other than the actual
manufacturer or dealer or shall give other persons a chance or opportunity to do
the same with a like purpose
2. Any person who shall af x, apply, annex or use in connection with any goods or
services or any container or containers for goods a false designation of origin or
any false description or representation and shall sell such goods or services
3. Any person who by means of false or fraudulent representation or declarations

orally or in writing or by other fraudulent means shall procure from the patent
of ce or from any other of ce which may hereafter be established by law for the
purposes the registration of a trade-name, trade-mark or service mark or of
himself as the owner of such trade-name, trade-mark or service mark or an entry
respecting a trade-name, trade-mark or service mark
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Title Six
CRIMES AGAINST PUBLIC MORAL
Chapter On
GAMBLING AND BETTIN
Article 195. What acts are punishable in gambling. -
(a) The penalty of arresto mayor or a ne not exceeding two hundred pesos, and, in
case of recidivism, the penalty of arresto mayor or a ne ranging from two hundred
or six thousand pesos, shall be imposed upon
1. Any person other than those referred to in subsections (b) and (c) who, in any
manner shall directly, or indirectly take part in any game of monte, jueteng or any
other form of lottery, policy, banking, or percentage game, dog races, or any other
game of scheme the result of which depends wholly or chie y upon chance or
hazard; or wherein wagers consisting of money, articles of value or representative of
value are made; or in the exploitation or use of any other mechanical invention or
contrivance to determine by chance the loser or winner of money or any object or
representative of value
2. Any person who shall knowingly permit any form of gambling referred to in the
preceding subdivision to be carried on in any unhabited or uninhabited place of any
building, vessel or other means of transportation owned or controlled by him. If the
place where gambling is carried on has the reputation of a gambling place or that
prohibited gambling is frequently carried on therein, the culprit shall be punished by the
penalty provided for in this article in its maximum period
(b) The penalty of prision correccional in its maximum degree shall be imposed upon
the maintainer, conductor, or banker in a game of jueteng or any similar game
(c) The penalty of prision correccional in its medium degree shall be imposed upon any
person who shall, knowingly and without lawful purpose, have in his possession and
lottery list, paper or other matter containing letters, gures, signs or symbols which
pertain to or are in any manner used in the game of jueteng or any similar game which
has taken place or about to take place
Article 196. Importation, sale and possession of lottery tickets or advertisements.

-
minimum period or a ne ranging from 200 to 2,000 pesos, or both, in the discretion
of the court, shall be imposed upon any person who shall import into the Philippine
Islands from any foreign place or port any lottery ticket or advertisement or, in
connivance with the importer, shall sell or distribute the same

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- Any person who shall knowingly and with intent to use them, have in his possession
lottery tickets or advertisements, or shall sell or distribute the same without
connivance with the importer of the same, shall be punished by arresto menor, or a
ne not exceeding 200 pesos, or both, in the discretion of the court
- The possession of any lottery ticket or advertisement shall be prima facie evidence of
an intent to sell, distribute or use the same in the Philippine Islands
Article 197. Betting in sports contests. -
- The penalty of arresto menor or a ne not exceeding 200 pesos, or both, shall be
imposed upon any person who shall bet money or any object or article of value or
representative of value upon the result of any boxing or other sports contests
- PD No. 483 is now in forc
Article 198. Illegal betting on horse race. -
imposed upon any person who except during the period allowed by law, shall be on
horse races. The penalty of arresto mayor or a ne ranging from 200 to 2,000 pesos,
or both, shall be imposed upon any person who, under the same circumstances, shall
maintain or employ a totalizer or other device or scheme for betting on horse races or
realizing any pro t therefrom
- For the purposes of this article, any race held in the same day at the same place shall
be held punishable as a separate offense, and if the same be committed by any
partnership, corporation or association, the president and the directors or managers
thereof shall be deemed to be principals in the offense if they have consented to or
knowingly tolerated its commission
Article 199. Illegal cock ghting. -
- The penalty of arresto menor or a ne not exceeding 200 pesos, or both, in the
discretion of the court, shall be imposed upon
1. Any person who directly or indirectly participates in cock ghts, by
betting money or other valuable things, or who organizes cock ghts at
which bets are made, on a day other than those permitted by law
2. Any person who directly or indirectly participates in cock ghts, at a

place other than a licensed cockpit

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Chapter Two 
OFFENSES AGAINST DECENCY AND GOOD CUSTOM
R.A. NO. 9208 AS AMENDED BY R.A. NO. 10364: TRAFFICKING IN PERSONS ACT
OF 200
Article 200. Grave scandal. - The penalties of arresto mayor and public censure shall
be imposed upon any person who shall offend against decency or good customs by any
highly scandalous conduct not expressly falling within any other article of this Code
Elements:
1. that the offender performs an act or acts
2. that such act or acts be highly scandalous as offending against
decency or good customs
3. that the highly scandalous conduct is not expressly falls within any
other article of this code
4. that the act or acts complained of be committed in a public place within
the public knowledge or vie
• despite the fact that her private pool is visible to the public, she exposed her
nude body, which is highly scandalous act that is offensive to decency and good
customs; those watching her are not committing a crim
• not scandalous: when the acts were performed in a private house and seen by one
person, the crime was not committe
• mere possession of obscene materials is not punishable: only if it is offered for

sale, displayed or exhibited to the publi
• indecent photograph and literature published in a newspaper: there were

published photograph of a man and woman appearing as in actual sexual
intercourse, accompanied by descriptive article designed evidently to emphasize the
obscenity of this photograp
• mere nudity in pictures or paintings; not obscenity: displaying and offering for
sale to the public, keychains with eye-appenders which consists of pictures in colors
of nude wome
• give away is included: he term give away necessarily includes the act of exhibiting
obscene pictures or literature, because when one gives away obscene pictures or
literature, he has the intention and purpose of exhibiting or showing the same to the
recipien
• art exhibits and art galleries: if those pictures were shown in art exhibits and art
galleries fro the cause of art to be viewed and appreciated by people
• P.D. No. 1602 as amended by R.A. No. 9287: Anti-Gambling La

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Article 201. Immoral doctrines, obscene publications and exhibitions and

indecent shows. -
- The penalty of prision mayor or a ne ranging from six thousand to twelve thousand
pesos, or both such imprisonment and ne, shall be imposed upon
- (1) Those who shall publicly expound or proclaim doctrines openly contrary to public
morals
- (2)
- (a) the authors of obscene literature, published with their knowledge in any form;
the editors publishing such literature; and the owners/operators of the
establishment selling the same
- (b) Those who, in theaters, fairs, cinematographs or any other place, exhibit,
indecent or immoral plays, scenes, acts or shows, whether live or in lm, which
are prescribed by virtue hereof, shall include those which
- (1) glorify criminals or condone crimes;
- (2) serve no other purpose but to satisfy the market for violence, lust or
pornography;
- (3) offend any race or religion;
- (4) tend to abet traf c in and use of prohibited drugs; and
- (5) are contrary to law, public order, morals, and good customs,
established policies, lawful orders, decrees and edicts
- (3) Those who shall sell, give away or exhibit lms, prints, engravings, sculpture or
literature which are offensive to morals. (As amended by PD Nos. 960 and 969)
• tendency to defray or corrupt; shocks the ordinary and common sense of men as
indecen
• more on the effect upon the viewer, and not alone upon the conduct of the performer;
as long as the pornographic material is made privately, there is no crime: what is
important is the morality of the public in genera
Article 202. Vagrants and prostitutes; Penalty. - The following are vagrants
1. Any person having no apparent means of subsistence, who has the
physical ability to work and who neglects to apply himself or herself to
some lawful calling
2. Any person found loitering about public or semi-public buildings or
places or trampling or wandering about the country or the streets
without visible means of support

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3. Any idle or dissolute person who ledges in houses of ill fame; ruf ans
or pimps and those who habitually associate with prostitutes
4. Any person who, not being included in the provisions of other articles
of this Code, shall be found loitering in any inhabited or uninhabited
place belonging to another without any lawful or justi able purpose
5. Prostitutes
- For the purposes of this article, women who, for money or pro t, habitually indulge in
sexual intercourse or lascivious conduct, are deemed to be prostitutes
- Any person found guilty of any of the offenses covered by this articles shall be
punished by arresto menor or a ne not exceeding 200 pesos, and in case of
recidivism, by arresto mayor in its medium period to prision correccional in its
minimum period or a ne ranging from 200 to 2,000 pesos, or both, in the discretion
of the court
• it is not applicable to minor

• a woman is prostitute when:
1. she habitually indulges i
A. sexual intercourse; o
B. lascivious conduct, o
2. for money or pro
• one sexual intercourse: 1 sexual intercourse with a man for money or pro t does
not make a woman prostitute; element of habitualit
• intercourses with different men without evidence of money or pro t: sexual

intercourses with different men do not make her prostitute; if there is no evidence
that she indulged in sexual intercourse for money or pro
• traf cking fo person: R.A. No. 7610: male and female prostitutes (not criminals,
but those who facilitate their traf cking are guilty under this law

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Title Seven
CRIMES COMMITTED BY PUBLIC OFFICER
Chapter On
PRELIMINARY PROVISION
Article 203. Who are public of cers. -

- For the purpose of applying the provisions of this and the preceding titles of this book,
any person who, by direct provision of the law, popular election or appointment by
competent authority, shall take part in the performance of public functions in the
Government of the Philippine Islands, of shall perform in said Government or in any
of its branches public duties as an employee, agent or subordinate of cial, of any
rank or class, shall be deemed to be a public of cer
Requisites
1. taking part in the performance of public functions in the Government,
o
- performing in said Government or in any of its branched public duties
as an employee, agent or subordinate of cial, of any rank or class;
an
2. That his authority to take part in the performance of public functions or
to perform public duties must be
(i) by direct provision of the law; o
(ii) by popular election; o
(iii) by appointment by competent authorit
double check:!!
• misfeasance: improper performance fo some act which might be lawfully don

• malfeasance: is the performance of some act which ought not to be don
• nonfeasance: is the omission of some act which ought to be performe
• public of cer: is a person who shall perform public functions or duties in the
government as an employee, agent, or subordinate of cial, of any rank or class, by
direct provision of the law, popular election and appointment by competent authorit
• person designated by BIR as depository of a seized truck, is not public of ce

• judgment: must be in writing and personally prepared by the Judge xxx (remedial
law); decision made in the handwriting of the judge is valid so long as he signed i

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Chapter Two 
MALFEASANCE AND MISFEASANCE IN OFFIC
Section One. - Dereliction of duty
Article 204. Knowingly rendering unjust judgment. -
- Any judge who shall knowingly render an unjust judgment in any case submitted to
him for decision, shall be punished by prision mayor and perpetual absolute
disquali cation
Elements:
1. that the offender is a judge
2. that he renders a judgment in a case submitted to him for decision
3. that the judgment is unjust
4. that the judge knows that the judgment is unjus
• judgment: is the nal consideration and determination of a court of competent

jurisdiction upon the matters submitted to it, in an action or proceedin
• despite the agreement to render a favorable judgment, there is no showing that the
decision is unjus
• error of judgment: not only contrary to law or not supported by evidence; but also
made with deliberate intent to perpetrate injustice; there must be proof of bad faith;
motive of improper consideratio
• the failure of the judge to correctly interpret the law or o properly appreciate the
evidence presented does not necessarily render him administratively liabl
• envy, revenge, greed, bribery, etc
Article 205. Judgment rendered through negligence. -

- Any judge who, by reason of inexcusable negligence or ignorance shall render a
manifestly unjust judgment in any case submitted to him for decision shall be
punished by arresto mayor and temporary special disquali cation
Elements
2. that he renders a judgment in a case submitted to him for decision
3. that the judgment is manifestly unjust
4. that it is due to inexcusable negligence or ignoranc

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• abuse of discretion or mere error of judgment is not punishable: mere error of

judgment cannot serve as basis for a charge of knowingly rendering unjust
judgment, where there is no proof or even allegation of bad faith, or ill motive, or
improper consideratio
Article 206. Unjust interlocutory order. -

- Any judge who shall knowingly render an unjust interlocutory order or decree shall
suffer the penalty of arresto mayor in its minimum period and suspension; but if he
shall have acted by reason of inexcusable
• interlocutory order: is an order which is issued by the court between the

commencement and the end of a suit or action and which decides some point of
matter, but which however, is not a nal decision of the matter in issu
Elements
2. that he performs any of the following acts
A. knowingly renders unjust interlocutory order or decree; o
B. renders a manifestly unjust interlocutory order or decree
through inexcusable negligence or ignoranc
• negligence or ignorance and the interlocutory order or decree be manifestly unjust,

the penalty shall be suspension
•
• notice and hearing before the issuance of the writ of preliminary injunction is
require
• note: only judges of the 1st and second level courts can he held liabl
Article 207. Malicious delay in the administration of justice. -

- The penalty of prision correccional in its minimum period shall be imposed upon
any judge guilty of malicious delay in the administration of justice
Elements
1. the offender is a judge
2. there is a proceeding in his court
3. that he delays the administration of justice
4. that the delay is malicious, that is, the delay is caused by the judge
with deliberate intent to in ict damage on either party in cas
• mere delays without malice is not felon

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• XPN: People vs. Webb: it took the Court 20 years to decide the case, only to acquit
them for insuf ciency of evidence; not guilty under this ac
Article 208. Prosecution of offenses; negligence and tolerance. -

- The penalty of prision correccional in its minimum period and suspension shall be
imposed upon any public of cer, or of cer of the law, who, in dereliction of the duties
of his of ce, shall maliciously refrain from instituting prosecution for the punishment of
violators of the law, or shall tolerate the commission of offenses
acts punishable:
A. by maliciously refraining from instituting against violators of law
B. by maliciously tolerating the commission of offense
elements of dereliction of duty in the prosecution of offense
1. that the offender is a public of cer or of cer of the law who has a duty
to cause the prosecution of, or to prosecute, offenses
2. that there is dereliction of the duties of his of ce; that is, knowing the
commission of the crime, he does not cause the prosecution of the
criminal or knowing that a crime is about committed, he tolerates its
commissio
• Chief of Police who failed to prosecute a jueteng collector; a scal who,

knowing that the evidence against the accused is more then suf cient to secure his
conviction in court, drops the cas
• dereliction of duties v. tolerance: in dereliction of the duties of his of ce, the public
of cer, whose duty is to prosecute the criminals, knows the commission of the crime
but he does not cause the prosecution of the criminal; in tolerance, such of cer
knows that a crime is about to be committed, but he tolerates the commissio
• The Chief of Police did not raid the gambling house because the owner is his frien
• must maliciously signify deliberate evil intent: the municipal president who held
cock ghts on the days not authorized by law, to raise funds for the construction of a
ward in the provincial hospita
• not punishable: dereliction of duty caused by poor judgment or honest mistak
• not applicable to revenue of cer: of cers, agents or employees of the BIR who,
having knowledge or information of a violation of the Internal Revenue Law, fail to
report such knowledge or information to their superior
• Section 92 of RA No. 9165/crime of delay and bungling in the prosecution of
drug case: any government of cer or employee tasked with the prosecution of drug-
related cases under this act, who, through patent laxity, inexcusable neglect,
unreasonable dealt or deliberately causes the unsuccessful prosecution and/or
dismissal of the said drug cas
Article 209. Betrayal of trust by an attorney or solicitor. - Revelation of secrets. -

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- In addition to the proper administrative action, the penalty of prision correccional in its
minimum period, or a ne ranging from 200 to 1,000 pesos, or both, shall be imposed
upon any attorney-at-law or solicitor (procurador judicial) who, by any malicious
breach of professional duty or of inexcusable negligence or ignorance, shall prejudice
his client, or reveal any of the secrets of the latter learned by him in his professional
capacity
- The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador

judicial) who, having undertaken the defense of a client or having received
con dential information from said client in a case, shall undertake the defense of the
opposing party in the same case, without the consent of his rst client
Acts punished as betrayal of trust by attorne

1. by causing damage to his client, either (1) by any malicious breach of
professional duty; by inexcusable negligence or ignoranc
- note: when the attorney acts (1) with malicious abuse of his
employment; or inexcusably negligence or ignorance, there
must be damage to the clien
2. by revealing any of the secrets of his client learned by him in his

professional capacity damage is not necessar
3. by undertaking the defense of the opposing party in the same case,

without the consent of his rst client, after having undertaken the
defense of said rst client or after having received con dential
information from his clien
- note: if the client consents to the attorney's taking the defense

of the other party, there is no crim
• betrayal of trust v. abuse of con denc
Section Two. - Briber
Article 210. Direct bribery. -

- Any public of cer who shall agree to perform an act constituting a crime, in
connection with the performance of this of cial duties, in consideration of any offer,
promise, gift or present received by such of cer, personally or through the mediation
of another, shall suffer the penalty of prision mayor in its medium and maximum
periods and a ne of not less than the value of the gift and] not less than three times
the value of the gift in addition to the penalty corresponding to the crime agreed upon,
if the same shall have been committed

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- If the gift was accepted by the of cer in consideration of the execution of an act which
does not constitute a crime, and the of cer executed said act, he shall suffer the
same penalty provided in the preceding paragraph; and if said act shall not have
been accomplished, the of cer shall suffer the penalties of prision correccional, in its
medium period and a ne of not less than twice the value of such gift
- If the object for which the gift was received or promised was to make the public
of cer refrain from doing something which it was his of cial duty to do, he shall
suffer the penalties of prision correccional in its maximum period and a ne of not
less than the value of the gift and not less than three times the value of such gift
- In addition to the penalties provided in the preceding paragraphs, the culprit shall
suffer the penalty of special temporary disquali cation
- The provisions contained in the preceding paragraphs shall be made applicable to

assessors, arbitrators, appraisal and claim commissioners, experts or any other
persons performing public duties. (As amended by Batas Pambansa Blg. 871,
approved May 29, 1985)
acts punishable in direct bribery

a public of cer commits direct bribery
1. 1st form: by agreeing to perform, or by performing, in consideration of
any offer, promise, gift, or present- an act constituting a crime, in
connection with the performance of his of cial duties;
2. 2nd form: by accepting a gift in consideration of the execution of an
act which does not constitute a crime, in connection with the
performance of his of cial duty
3. 3rd form: by agreeing to refrain, or by refraining, from doing
something which is his of cial duty to do, in consideration of a gift or
promise
Elements of Direct Bribery

1. that the offender be a public of cer within the scope of Article 203
2. that the offender accepts an offer or a promise or receives a gift or
present by himself or through another
3. that such offer or promise be accepted, or gift or present received by
the public of cer
A. with a view to committing some crime; o
B. in consideration of the execution of an act which does not
constitute a crime, but the act must be unjust; o
C. to refrain from doing something which it is his of cial duty to
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4. that the act which the offender agrees to perform or which he executes
be connected with the performance of his of cial dutie
1st form: by agreeing to perform, or by performing, in consideration of any offer,

promise, gift, or present-an act constituting a crime, in connection with the performance
of his of cial duties and in consideration of gift or present offered or promised to, or
received by him, personally or through the mediation center (committing the agreed
crime
• mere agreeing: consummates the crime of direct bribery in the 1st form; actual
acceptance of the gift or actual commission of the crime, or actual refraining to
perform a duty is not necessary to consummate bribery of the rs
• solicitation is not included in the provision of direct bribery, he merely accepts/

receive
2nd form: by accepting a gift in consideration of the execution of an act which does not
constitute a crime, in connection with the performance of his of cial duty
• it is a function related crime and the public of cer must not commit an act
constituting a crim
• acceptance of the gift or present is required: in the 2nd form of bribery, the law uses
the phrase "if the gift was accepted
3rd form: by agreeing to refrain, or by refraining, from doing something which is his
of cial duty to do, in consideration of a gift or promise
• rst form of direct bribery: but if the agreed refrainment constitutes a crime such
as dereliction of duty, the crime committed is direct bribery in the rst form; refraining
from arresting the offender who committed the crime of homicid
• function-related: where the act is entirely outside of the of cial function of the
of cer to whom the money is offered, the offense is not direct briber
• borrowing a motor vehicle by public of cer from the complainant: can be

considered as a "gift
• private individual (citizen's arrest): does not cover private individual who, in
consideration of a sum of money given to him, released a person under arrest
because the additional penalty of special temporary disquali cation for briber
Article 211. Indirect bribery. -

- The penalties of prision correccional in its medium and maximum periods, and public
censure shall be imposed upon any public of cer who shall accept gifts offered to him

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THAN FOR PEOPLE."
by reason of his of ce. (As amended by Batas Pambansa Blg. 871, approved May
29, 1985)
Elements
2. that he accepts gifts
3. that the said gifts are offered to him by reason of his of c
• indirect bribery: there must be no agreement to do or not to do a function related

act, the public of cer, who accepted gifts offered to him by reason of his of c
• gift: borrowing of a vehicle by LTO of cer from a Compan

• the plaintiff gave money to the Judge who subsequently rendered a decision
in favor of the defendant: not liable for direct bribery since rendering a decision
against the plaintiff-giver indicates that the former did not receive the money in
consideration of rendering a decision against the defendan
Article 211-A. Quali ed bribery. -

- If any public of cer is entrusted with law enforcement and he refrains from arresting
or prosecuting an offender who has committed a crime punishable by reclusion
perpetua and/or death in consideration of any offer, promise, gift or present, he shall
suffer the penalty for the offense which was not prosecuted
- If it is the public of cer who asks or demands such gift or present, he shall suffer the
penalty of death. (As added by Sec. 4, RA No. 7659)
Elements: must actually refrain; not mere agreement to refrai

1. that the offender is a public of cer entrusted with the law
enforcemen
2. that the offender refrains from arresting or prosecuting an offender
who has committed a crime punishable by reclusion perpetua and/or
deat
3. that the offender refrains from arresting or prosecuting the offender
in consideration of any promise, gift, or presen
• actus reus: refraining to arrest or prosecute a criminal suspect

• mere agreement to refrain: not enough to consummate the crime; actual receipt or
acceptance of the gift or present is not necessary for the consummation of quali ed
bribery since the consideration of the refrainment to arrest or prosecute is either pre
or gift accepted, or that promised or offere
• the offender is a public of cer entrusted with the law enforcement: a judge or a
clerk of court cannot be held liable for quali ed bribery; refraining to convict is not

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equivalent to refraining from arresting or prosecuting: can only be committed by

public of cers, NBI agents and prosecutor
• dereliction of duty is absorbed in the crime of quali ed bribery; but not in direct
bribery-dereliction of duty is an additional crime if the offender committed the agreed
crim
• direct bribery v. robbery:

• Direct Bribery (and dereliction of duty, if he committed this agreed
crime): if the public of cer requests money from a private individual to refrain
from arresting him from gambling, and the latter voluntarily gives the money
to the forme
• Robbery (Article 294): if the police of cer demands money from a private
individual and threatens to arrest him for gambling if he will not comply, and
the latter involuntarily gives money to the former; threat to arrest is
considered as intimidation, which is an element of robber
Article 212. Corruption of public of cials. -

- The same penalties imposed upon the of cer corrupted, except those of
disquali cation and suspension, shall be imposed upon any person who shall have
made the offers or promises or given the gifts or presents as described in the
preceding articles
Elements
1. that the offender makes offers or promises or gives gifts or presents to
a public of cer
2. that the offers or promises are made or the gifts or presents given to a
public of cer, under circumstances that will make the public of cer
liable for direct bribery or indirect briber
• will not be liable for direct bribery but for corruption of public of cer: the
person who conspired with the public of cer, who made the promise, offer, or gave
the gifts or presents, may be indicated only for corruption of public of cer, regardless
of any allegation of conspirac
R.A. No. 3019: Anti-Graft and Corrupt Practices Ac
Section 3(a) Persuading, inducing or in uencing another public of cer to perform

an act
1. constituting a violation of rules and regulations duly promulgated by
competent authority or
2. an offense in connection with the of cial duties of the latter, or

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3. allowing himself to be persuaded, induced, or in uenced to commit such

violation or offense
• there must be a deliberate intent to commit suc

• by means of consideration: the persuasion MUST BE MADE by means of
consideration, reward, payment or remuneration; if the persuasion is not made by
means of consideration, reward payment or remuneration, crime under Section 3 (a)
cannot be committe
Direct Bribery Corruption of Public Section 3 (a)

Of cer
the public of cer agreed to ------ the public of cer is

commit a crime, or act not induced, persuaded or
constituting a crime to in uenced to commit an
refrain from doing a offense or to violate rules
function related act (there and regulations in
must be a material connection with his duty
consideration) (there must be a material
consideration)
i n d i r e c t b r i b e r y, t h e ------ violation of Section 3 (a) of

person corrupting the R.A. No. 3019,
public of cer must be a
private individual
corrupted public of cer is private individual, who both the inducing public
liable for direct bribery corrupted him, is liable for of cer and the induced
corruption of public of cer public of cer are liable
under this provision
------ private individual is liable public of cer is liable for

for attempted corruption of inducing, persuading, or
public of cer if the public in uencing another public
of cer refused to be of cer even though the
corrupted latter refused to allow
himself to be induced,
persuaded, or in eunced
Section 4. Prohibition on private individuals. (b) It shall be unlawful for any person
knowingly to induce or cause any public of cial to commit any of the offenses de ned
in Section 3 hereof
• only attempted corruption of public of cer: a building contractor offered a bribe

to an engineer employed in DPWH, but the public of cer did not accept the bribe

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Section 3 (a) v. Section 4(b)
Section 3 (a) Section 4 (b)
the inducer must be a public of cer the inducer is any person, which includes
a private individual
that the inducement, persuasion of not required

in uence is made by means of
consideration, reward, payment or
remuneration
public of cer is induced to commit any public of cer is induced to commit an

offense or to violate rules and regulation offense under Section 3
in connection with his duty
Section 3(b). Directly or indirectly requesting or receiving any gift, present, share,
percentage, or bene t, for himself or for any other person, in connection with any
contract or transaction between the Government and any other part, wherein the
public of cer in his of cial capacity has to intervene under the law
• request or receive: requesting gift consummates the crime; hence, failure to

receive gifts is not a defense or receiving gifts consummates the crime, hence; lack
of demand or request is not a defens
• preliminary investigation: not a contract or transaction within the contemplation of

la
• bank investigation: not a contract or transaction within the contemplation of this

provisio
• judicial proceeding/quasi-judicial proceedings: should not be considered as a

contract or transaction contemplated by la
• BIR examiner: who received or requested money from a taxpayer in consideration

of assessing a lesser tax liability; direct bribery and Section 3 (b), R.A. No. 301
• right to intervene under the law: a governor, mayor and sanggunian member, who
received money from a contractor in connection with government contract or
transaction for the development of the economic and tourism hub where they have
the right to intervene under the law; must have the right to intervene under the la
• Assistant principal: who acted to facilitate the release of salary differential of public
school teachers with agreement that they would reimburse her expenses; not part of
his duty to intervene in the payment of salary differential

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DIRECT BRIBERY SECTION 3 (B) OF RA NO. 3019
the public of cer agreed in consideration the public of cer requests or receives gift,
of present, gift, offer or promise to present or bene t in connection with any
commit an act constituting or not contract or transaction with the
constituting a crime a crime or to refrain government, wherein the public of cer in
from doing in connection with his duty his of cial capacity to intervene under the
law
malum in se malum in se
the accused can be prosecuted for direct or indirect bribery and violation of Section 3
(b) of R.A. No. 3019 without offending the rule on double jeopardy
Section 3(c) Directly or indirectly requesting or receiving any gift, present or other
pecuniary or material bene t, for himself or for another, from any person for whom the
public of cer, in any manner or capacity, has secured or obtained, or will secure or
obtain, any Government permit or license, in consideration for the help given or to be
given, without prejudice to Section thirteen of this Act
• a municipal mayor, who signed and issued a Mayor's Permit to complainant, and
requested and received the amount to be used by him in a est
GIFTS AND PRESENT

Section 3 (b) Section 3 (c)
the gift, present or bene t is requested or the gift, present or bene t is requested or
received in connection with any received in connection with any permit
contract or transaction involving or license obtained or to be obtained by
monetary consideration with the a public of cer
government, wherein the public of cer
has to intervene under the law
Section 2(c) "Receiving any gift" includes the act of accepting directly or indirectly a
gift from a person other than a member of the public of cer's immediate family, in behalf
of himself or of any member of his family or relative within the fourth civil degree, either
by consanguinity or af nity, even on the occasion of a family celebration or national
festivity like Christmas, if the value of the gift is under the circumstances manifestly
excessive
Requisites
1. the gift was given in connection with government contract, transaction,
license or permit by a person other than a member of the public
of cer's immediate family

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2. the gift was given in behalf of the public of cer or of any member of his
family or relative within the 4th civil degree, either by consanguinity or
af nity
3. the value of the gift is manifestly excessiv
• manifestly excessive: the gift, which was given on occasion of a family celebration
in behalf of the family of the examiner, shall be considered within the contemplation
of Section 3 (b) because the value thereof is manifestly excessive, and the same
was given by a taxpayer, who is not a relative of the examine
• no pending transaction: not liable for violation under Section 3 (b) since there is no
showing that the businessmen having pending transaction with the BIR involving
their tax liabilitie
• purpose of the defense: the value of the gift or present is important for the purpose
of defens
• Section 3 (b) and (c): the value of the gift need not be alleged in the information;
what is important is whether the gift is received or demanded in connection with the
government contract or transaction or license or permi
Section 14. Exception. Unsolicited gifts or presents of small or insigni cant value
offered or given as a mere ordinary token of gratitude or friendship according to local
customs or usage, shall be excepted from the provisions of this Act
• LTO public of cer who received a pack of cigarette without solicitation from one who
obtained a driver's license, is not liable for violation of Section 3 (c) of RA No, 301
Section 4. Prohibition on private individuals.
(a) It shall be unlawful for any person having family or close personal relation with any
public of cial to capitalize or exploit or take advantage of such family or close
personal relation by directly or indirectly requesting or receiving any present, gift or
material or pecuniary advantage from any other person having some business,
transaction, application, request or contract with the government, in which such
public of cial has to intervene.
- Family relation shall include the spouse or relatives by consanguinity or af nity in

the third civil degree.
- The word "close personal relation" shall include close personal friendship, social
and fraternal connections, and professional employment all giving rise to intimacy
which assures free access to such public of cer
Section 3(j) Knowingly approving or granting any license, permit, privilege or bene t in
favor of any person not quali ed for or not legally entitled to such license, permit,
privilege or advantage, or of a mere representative or dummy of one who is not so
quali ed or entitled

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• good faith is a defense: defense if the building permit was issued because of
doubtful or dif cult question of la
Section 3(d) Accepting or having any member of his family accept employment in a
private enterprise which has
- pending of cial business with him during the pendency thereof or
- within one year after its termination
• third civil degree: family relation shall include the spouse or relatives by
consanguinity or af nity within the 3rd civil degree
• signed the contract of the private construction company: he recommended his

son and was accepted as a foreman in the construction compan
Section 3(f) Neglecting or refusing, after due demand or request, without suf cient
justi cation, to act within a reasonable time on any matter pending before him for the
purpose of obtaining, directly or indirectly, from any person interested in the matter
some pecuniary or material bene t or advantage, or for the purpose of favoring his own
interest or giving undue advantage in favor of or discriminating against any other
interested party
Section 3(g) Entering, on behalf of the Government, into any contract or transaction
manifestly and grossly disadvantageous to the same, whether or not the public
of cer pro ted or will pro t thereby
• SECTION 3(E) AND 3(G) can co-exist: overprice project {violates both Section
3(e) and 3(g)}: payment of overpriced property bought by the government or
entering into a contract involving an overprice projec
• no double jeopardy: although violation of Section 3 (g) and Section 3 (e) of the
same law share a common element, the accused being a public of cer; the latter is
not exclusive to the former; the essential elements of each are not included among
or do not form part of those of the othe
• behest loan: granting of behest loan by government bank or entity to a private

individua
Chapter Three 
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS
Article 213. Frauds against the public treasury and similar offenses. -
- The penalty of prision correccional in its medium period to prision mayor in its
minimum period, or a ne ranging from 200 to 10,000 pesos, or both, shall be
imposed upon any public of cer who

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1. In his of cial capacity, in dealing with any person with regard to furnishing
supplies, the making of contracts, or the adjustment or settlement of accounts
relating to public property or funds, shall enter into an agreement with any
interested party or speculator or make use of any other scheme, to defraud
the Government
2. Being entrusted with the collection of taxes, licenses, fees and other imposts,
shall be guilty or any of the following acts or omissions
A. Demanding, directly, or indirectly, the payment of sums different
from or larger than those authorized by law
B. Failing voluntarily to issue a receipt, as provided by law, for any
sum of money collected by him of cially
C. Collecting or receiving, directly or indirectly, by way of payment or
otherwise things or objects of a nature different from that provided
by law
- When the culprit is an of cer or employee of the Bureau of Internal Revenue or the
Bureau of Customs, the provisions of the Administrative Code shall be applied
Acts punishable as frauds against public treasury and illegal exactions

1. by entering into an agreement with any interested party or speculator
or making use of any other scheme, to defraud the Government, in
dealing with any person with regard to furnishing supplies, the making
of contracts, or the adjustment or settlement of accounts relating to
public property of funds
2. by demanding, directly or indirectly, the payment of sums different from
or larger than those authorized by law, in the collection of taxes,
licenses, fees, and other imposts
3. by failing voluntarily to issue a receipt, as provided by law, for any sum
of money collected by him of cially, in the collection of taxes, licenses,
fees, and other imposts
4. by collecting or receiving, directly or indirectly, by way of payment or
otherwise, things or objects of a nature different from that provided by
law, in the collection of taxes, licenses, fees, and other impost
Elements of fraud against public treasury (Article 213, par. 1

2. that he should have taken advantage of his of ce, that is, he
intervened in the transaction in his of cial capacity
3. that he entered into an agreement with any interested party or
speculator or made use of any other scheme with regard to (1)

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COLOSSIANS 3:23
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furnishing supplies, (2) the making of contracts, or (3) the adjustment

or settlement of accounts relating to public property or funds
4. that the accused had the intent to defraud the Governmen
• making ghost deliveries consummates the crim

• ghost deliveries: actual defrauding is not necessary to complete the crime; if the
agreement is implemented and the government suffered damages due to ghost
deliveries, the erring public of cer may be held liable for malversation in addition to
violation of Section 3 (e
• culprit is committed by an of cer or employee of the Bureau of Customs: the

provisions of the Administrative Code shall be applicabl
Elements of illegal exactions
1. the offender is a public of cer entrusted with the collection of taxes,
licenses, fees and other imposts
2. He is guilty of any of the following acts or omissions
3. demanding, directly or indirectly, the payment of sums different from
or larger than those authorized by law; o
- the crime is consummated at the precise moment that the public
of cer in his of cial capacity demanded from the offended party
with the intent to collect an amount not authorized by law
4. Failing voluntarily to issue a receipt, as provided by law, for any sum
of money collected by him of cially; or
5. Collecting or receiving, directly or indirectly, by way of payment or
otherwise, things or objects of a nature different from that provided by
la
- actual collection or receipt of the property different from that
collectible under the law is necessary to consummate the crim
• failed to issue an of cial receipt: he merely issued a private receipt for the
amount he collected
• estafa through false pretense (municipal treasurer demanded 500 despite the
fact that the collectible amount under the law is only 400): misappropriated the
excess of 100- estafa absorbs illegal exaction since the latter is an indispensable
means to commit the forme
• malversation is not committed since the government did not suffer

damag
• treasurer committed malversation through falsi cation of document:

falsi cation is a necessary means to commit malversation; collected 400 from one

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COLOSSIANS 3:23
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taxpayer and issued the same taxpayer to another taxpayer which he collected
another 400 and misappropriates the sam
• malversation and estafa through falsi cation of document (the government

was prejudiced pertaining to the amount of 400): demanded 500 when in fact,
the amount payable is only 400, the treasurer made it appear in the receipt that he
only collected 400; then, he misappropriated the who amount; falsi cation of public
documents involving untruthful statement in the letter of demand and of cial receip
Article 214. Other frauds. -
- In addition to the penalties prescribed in the provisions of Chapter Six, Title Ten, Book
Two, of this Code, the penalty of temporary special disquali cation in its maximum
period to perpetual special disquali cation shall be imposed upon any public of cer
who, taking advantage of his of cial position, shall commit any of the frauds or
deceits enumerated in said provisions
Elements
2. that he takes advantage of his of cial position
3. that he commits any of the frauds or deceits enumerated in Articles
315 to 318
Article 215. Prohibited transactions. -
- The penalty of prision correccional in its maximum period or a ne ranging from 200
to 1,000 pesos, or both, shall be imposed upon any appointive public of cer who,
during his incumbency, shall directly or indirectly become interested in any
transaction of exchange or speculation within the territory subject to his jurisdiction
Elements:
1. that the offender is an appointive public of cer
2. that he becomes interested, directly or indirectly, in any transaction of
exchange or speculation
3. that the transaction takes place within the territory subject to his
jurisdiction
4. that he becomes interested in the transaction during his incumbency
Article 216. Possession of prohibited interest by a public of cer. -
- The penalty of arresto mayor in its medium period to prision correccional in its
minimum period, or a ne ranging from 200 to 1,000 pesos, or both, shall be imposed
upon a public of cer who directly or indirectly, shall become interested in any
contract or business in which it is his of cial duty to intervene

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- This provisions is applicable to experts, arbitrators and private accountants who, in

like manner, shall take part in any contract or transaction connected with the estate or
property in appraisal, distribution or adjudication of which they shall have acted, and
to the guardians and executors with respect to the property belonging to their wards
or estate
• actual fraud is not necessary: the municipal mayor, who become interested; a
municipal mayor, who became interested and took part in the leasing of shpond
owned by the municipality, wherein he had to intervene by reason of his of c
Section 3(h) Director or indirectly having nancing or pecuniary interest in any

business, contract or transaction in connection with which he intervenes or takes part
in his of cial capacity, or in which he is prohibited by the Constitution or by any
law from having any interest
• must have relation to his of ce: a public of cer who intervenes in contracts or
transactions which have no relation to his of ce cannot commit the crim
• wife of the mayor: since such interest is presumed to be conjugal property, the
interest of the mayor is direc
• Article 216 v. Section 3(h): Article 261: mere possession of interest without actual
intervention is punishable; Section 3 (h): actual intervention is an element of this
crime, xpn: actual intervention is not an element if the Constitution or law prohibits
him from having an interest
Section 5. Prohibition on certain relatives.
- It shall be unlawful for the spouse or for any relative, by consanguinity or af nity,
within the third civil degree, of the President of the Philippines, the Vice-President of
the Philippines, the President of the Senate, or the Speaker of the House of
Representatives, to intervene, directly or indirectly, in any business, transaction,
contract or application with the Government:
- Provided, That this section shall not apply to any person who, prior to the
assumption of of ce of any of the above of cials to whom he is related, has
been already dealing with the Government along the same line of business, nor
to any transaction, contract or application already existing or pending at the
time of such assumption of public of ce, nor to any application led by him the
approval of which is not discretionary on the part of the of cial or of cials
concerned but depends upon compliance with requisites provided by law, or rules or
regulations issued pursuant to law, nor to any act lawfully performed in an of cial
capacity or in the exercise of a profession
Section 6. Prohibition on Members of Congress.
- It shall be unlawful hereafter for any Member of the Congress during the term for
which he has been elected, to acquire or receive any personal pecuniary interest in

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any speci c business enterprise which will be directly and particularly favored or
bene ted by any law or resolution authored by him previously approved or adopted
by the Congress during the same term
- The provision of this section shall apply to any other public of cer who
recommended the initiation in Congress of the enactment or adoption of any
law or resolution, and acquires or receives any such interest during his
incumbency.
- It shall likewise be unlawful for such member of Congress or other public of cer,
who, having such interest prior to the approval of such law or resolution
authored or recommended by him, continues for thirty days after such approval
to retain such interest
(i) Directly or indirectly becoming interested, for personal gain, or having a material
interest in any transaction or act requiring the approval of a board, panel or
group of which he is a member, and which exercises discretion in such
approval, even if he votes against the same or does not participate in the action of
the board, committee, panel or group
• still committed even if: committed even if the offender votes against the same or
does not participate in the action of the board, committee, panel or grou
Chapter Four 
MALVERSATION OF PUBLIC FUNDS OR PROPERT
Article 217. Malversation of public funds or property; Presumption of

malversation. -
- Any public of cer who, by reason of the duties of his of ce, is accountable for
public funds or property, shall appropriate the same or shall take or misappropriate or
shall consent, through abandonment or negligence, shall permit any other person to
take such public funds, or property, wholly or partially, or shall otherwise be guilty of
the misappropriation or malversation of such funds or property, shall suffer

periods, if the amount involved in the misappropriation or malversation
does not exceed two hundred pesos
2. The penalty of prision mayor in its minimum and medium periods, if the
amount involved is more than two hundred pesos but does not exceed
six thousand pesos
3. The penalty of prision mayor in its maximum period to reclusion
temporal in its minimum period, if the amount involved is more than six
thousand pesos but is less than twelve thousand pesos

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4. The penalty of reclusion temporal, in its medium and maximum

periods, if the amount involved is more than twelve thousand pesos
but is less than twenty-two thousand pesos. If the amount exceeds the
latter, the penalty shall be reclusion temporal in its maximum period to
reclusion perpetua
- In all cases, persons guilty of malversation shall also suffer the penalty of perpetual
special disquali cation and a ne equal to the amount of the funds malversed or
equal to the total value of the property embezzled
- The failure of a public of cer to have duly forthcoming any public funds or property
with which he is chargeable, upon demand by any duly authorized of cer, shall be
prima facie evidence that he has put such missing funds or property to personal use.
(As amended by RA 1060)
Acts punishable in malversation

1. by appropriating public funds or property
2. by taking or misappropriating the same
3. by consenting, or through abandonment or negligence, permitting any
other person to take such public funds or property
4. by being otherwise guilty of the misappropriation or malversation of
such funds or propert
Elements common to all acts of malversation under Article 217
2. that he had the custody or control of funds or property by reason of the
duties of his of ce
3. that those funds or property were public funds or property for which he
was accountable
4. that he appropriated, took, misappropriated or consented or, through
abandonment or negligence, permitted another person to take the
• public property or funds: malversation shall only be committed if it is a public

property or fund
• property is in custodia legis: private property which is under custodia legis is

impressed with the character of public property; also applies to administrator or
depositary of funds or property attached, seized, or deposited by public authority,
even if such property belongs to a private individua
• malversation v. estafa through misappropriation:

• malversation: misappropriation of loose rearm con scated by a police of ce

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• estafa through misappropriation: misappropriation of the licensed rearm is

not malversation because the same for not being a loose rearm was not under
custodia legi
• auction sale: whether the proceeds of auction sale is owned by a government entity
or a private
• cash advance: for travel expenses in not a public fund since the public of cer
received it in the form of loan; failure to liquidate by presenting receipts of travel
expenses is not malversatio
• cash advance for livelihood program/to buy working tools for provincial
project: not for his personal bene t, but for a speci c purpose; failure to liquidate
upon demand gives the presumption of malversatio
• Section 27 of R.A. No. 9165 and not malversation under Article 217 of the RPC:
con scated, seized or surrendered dangerous drugs, drugs paraphernalia, the
proceeds obtained from dangerous drugs traf cking are also public propertie
• a principal of a public high school entrusted with public fund is an

accountable of cer; a public of cer is an accountable of cer with respect to
service rearm issued to him; sheriff is an accountable of cer with respect to a
garnished private property, which is under custodia legi
• clerk of Bureau of Post entrusted with the combination and key of a safe
(similar to watchman or warehouseman): the crime committed is quali ed theft
and not malversation because he is not a public of cer and he had no authority to
withdraw funds from the safe without authority from his superio
• non-accountable public of cer: if the public of cer is not an accountable public

of cer, as a rule the crime committed us not malversation, but quali ed thef
• prepare and distribute the salaries of MWSS but he is not an accountable

public of cer since she has no authority to control or dispose the salaries of
the employees: altered the true amount and gain 1,000 per employee to the
prejudice of the MWSS: the crime committed is the complex crime of estafa by
means of deceit through falsi cation of public documen
• xpn: see Article 222: note also that a non-accountable of cer or private individual
can be held liable for malversation if he conspires with an accountable public of cer
in committing the crim
• modes of committing malversation: similar to that of estafa through

misappropriation under Article 315 and theft under Article 30
• Malversation through misappropriation: if the mode of committing

malversation is appropriation or misappropriation, the concept of this crime is
similar to that of estafa through misappropriatio

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THAN FOR PEOPLE."
• Malversation through taking: the concept of "taking" as an element of

malversation, intentional or passive, is different from that of misappropriation;
the pubic funds need not be misappropriated, as the word "take" is separated
by the word "or" from the word "misappropriation
• malversation through taking is committed by means of dolo, if the public

property was taken by the accountable of cer, or by another person with
consent of the accountable of cer or by any person with consent of the
accountable public of ce
• culpable malversation or passive malversation: malversation through

taking is committed by means of culpa, if the public property or fund was
taken by another person and the accountable public of cer permitted the
taking through negligence or abandonment; it must be taken by a third
perso
• by failing to exercise supervision on the collection cler

• for failure of the postmaster to place the public funds in the iron safe, the
accused was convicted of malversation for permitting other person to take the
property through negligenc
• city treasurer leaves keys for his service car and lock of his of ce inside
the case; thieves stole the keys and used the same to take the vehicle and
stole money from his of c
• mayor distributing the said money to barangay captains without informing

them that the money should be used for the peace and order campaign, as a
consequence of which the barangay captains misappropriated them for
personal us
• falsi cation if he altered the amount of the document, but if the amount was
misappropriated, he shall be liable for malversatio
• evidence required: an accountable of cer may this be convicted of

malversation even if there is no direct evidence of misappropriation and the
only evidence is that there is a shortage in the of cer's account which he has
not able to explain satisfactorily; all that is essential is proof that the
accountable of cer has received public funds but when demand therefor is
made, he is unable to satisfactorily account for the sam
• failure of an accountable public of cer to explain the missing funds

shall be prima facie evidence of misappropriation; however, this
presumption is disputable by evidence showing that he had fully accounted
for the alleged shortag
• demand is not an element of malversatio

• payment in good faith; justifying circumstance of obedience to a lawful
order: payment of public funds has been made in good faith and there is

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THAN FOR PEOPLE."
reasonable ground to believe that the public of cer to whom the fund has
been paid was entitled theret
Restitution: does not exempt a guilty person from criminal liability because damage is
not an element of malversation, and payment, after the consummation of the crime of
malversation, is not one of the modes of extinguishing criminal liabilit
XPN:
1. restitution made upon demand will negate the presumption of malversation
2. allowed restitution/good faith is a defense: accused full liquidation of his cash
advance for travel by means of an arrangement (deduction from salary and
terminal leave pay) allowed by the COA ultimately translated into the good fait
3. funds were not used for personal interest and restitution: the accused did not
put the missing funds to personal use; in fact, when he demanded payment
from said personnel, they redeemed their chits and made restitutio
MITIGATING:
1. mayor and treasure allowed loans from the public funds not only in favor of
municipal employees but also to themselves; in sum, they used the money for
their personal interest
2. mitigating and analogous to voluntary surrender if it was made immediately and
voluntarily before the case was institute
3. XPN: if made after an unreasonable period of time, it cannot be considered as
a defense or mitigating
ARTICLES 218 AND 219: FAILURE TO RENDER ACCOUNT

*can only be committed by accountable public of ce
1. a public of cer, whether in the service or separated therefrom by resignation or

any other cause, who fails to render account to the Commission on Audit or
provincial auditor as required by law or regulation after 2 months from the time
such accounts should be rendered; o
• demand before an accountable of cer is held liable for the violation of the
crime is not require
• if the accountable public of cer misappropriated the cash: the crime is

malversation; if an accountable public of cer did not misappropriate the
case since he was not able to account the same, but the accounting was
delayed for more than 2 months after such accounts should be rendered,
the crime committed is failure to render accountin
• travel cash advance by the mayor will not fall under malversation, but
"failure to render an accounting

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THAN FOR PEOPLE."
• restitution of the unliquidated cash advance was considered as a mitigating

circumstance analogous to voluntary surrender
2. by a public of cer who unlawfully leaves or attempts to leave the Philippines
without securing a certi cate from the Commission on Audit showing that his
accounts have been nally settle
failure of accountable of cer to render account

Elements
1. that the offender is a public of cer, whether in service or separated
therefrom
2. that he must be an accountable of cer for public funds or property
3. that he is required by law or regulation to render accounts to the
Commission on Audit, or to a provincial auditor
4. that he fails to do so for a period of 2 months after such accounts
should be rendere
failure of a responsible public of cer to render accounts before leaving the

country
Elements
2. that he must be an accountable of cer for public funds or property
3. that he must have unlawfully left (or be on the point of leaving) the
Philippines without securing from the Commission on Audit a certi cate
showing that his accounts have been nally settle
• the act of leaving the country must be unauthorized or not permitted by la
ARTICLE 220. Illegal Use of Public Funds or Property. — (Technical Malversation
- Any public of cer who shall apply any public fund or property under his
administration
• to any public use
• other than that for which such fund or property were appropriated
• by law or ordinance
Elements
2. that there is a public fund or property under his performance
3. that such public fund or ordinance has been appropriated by law or
ordinance

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COLOSSIANS 3:23
THAN FOR PEOPLE."
4. that he applies the same to a public use other than that for which such
fund or property has been appropriated by law or ordinance
• there must be a law appropriating funds or money for a speci c projec

• considered as "malum prohibitum"; it is the commission of the act that is de ned
by law and not the character or the effect thereof that determines whether the
violation has been violate
• no double jeopardy: acquittal or conviction for malversation is not a bar in

prosecuting the accused for technical malversatio
• malversation v. technical malversation

2. in the crime of malversation, the offender misappropriates public funds for
his own personal use or allows any other person to take such public funds for
the latter's personal us
3. technical malversation, the public of cer applies public funds under his
administration not for his or another's personal use, but to a public use other
than that for which the fund was appropriated by law or ordinanc
ARTICLE 221. Failure to Make Delivery of Public Funds or Property. —

(1) Any public of cer
-under obligation to make payment from Government funds
-in his possession,
-who shall fail to make such payment
(2) This provision shall apply to any public of cer who,

-being ordered by competent authority
-to deliver any property in his custody or
-under his administration shall refuse to make such delivery

1. by failing to make payment by a public of cer who is under
obligation to make such payment from Government funds in his
possession
2. by refusing to make delivery by a public of cer who has been
ordered by competent authority to deliver any property in his
custody or under his administratio
Elements of failure to make payment
1. that the public of cer has Government funds in his possession
2. that he is under obligation to make payment from such funds
3. that he fails to make the payment maliciousl
• specify the materials to be delivere

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THAN FOR PEOPLE."
ARTICLE 222. Of cers Included in the Preceding Provisions. —

The provisions of this chapter shall apply to
1. private individuals who, in any capacity whatever, have charge of any Insular,
provincial or municipal funds, revenues or property; and
2. to any administrator or depository of funds or property attached, seized or
deposited by public authority, even if such property belongs to a private
individual
• not a crime but only enumeration of persons who can be held liabl
PURPOSE OF ARTICLE 22
- the purpose of Article 222 of the Revised Penal Code is to extend the
provisions of the Code on malversation to private individual
• malversation and failure to render account: shall apply to individuals who in any
capacity whatever, have charge of any government funds, revenues or propert
SECTION TW
In delity in the Custody of Document
ARTICLE 226. Removal, Concealment or Destruction of Documents. — (RDC
- Any public of cer who shall (RDC

• remove,
• destroy or
• conceal documents or papers of cially entrusted to him
• (which causes damage, serious or not to a third party or to the public
interest
*Section 3 (e) of RA 3019 may also be charged in addition with Article 226 of the
Revised Penal Cod
Elements
1. that the offender be a public of cer
2. that he abstracts, destroys or conceals documents or papers
3. that the said documents or papers should have been entrusted to such
public of cer by reason of his of ce
4. that the damage, whether serious or not, to a third party or to the
public interest should have been cause
• if any of these circumstances be not present, the crime disappears, or rather, does
not ris
In delity in the custody of public documents vs. estaf

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ESTAFA INFIDELITY IN THE CUSTODY OF

PUBLIC DOCUMENTS
• in both crimes, the offender removed, concealed or destroyed the document;
• the offender is a private individua • the offender is a public of cer

entrusted with the document
• intent to defraud is an element • intent to defraud is not an element
malicious mischief: not estafa or in delity in the custody of public document

• a utility worker in the government who destroys of ce les as an act of revenge
against his supervisor (not entrusted with the custody; there is no intent to defraud
ARTICLE 227. Of cer Breaking Seal. —

- Any public of cer charged with the custody of
papers or property sealed by proper authority,
• who shall break the seals or
• permit them to be broke
Elements
2. that he is charged with the custody or papers of property
3. that these papers or property are sealed by proper authority
4. that he breaks the seals or permits them to be broke
ARTICLE 228. Opening of Closed Documents. —

- Any public of cer not included in the provisions of the next preceding article who,
without proper authority,
• shall open or shall permit to be opened
• any closed papers, documents or objects
• entrusted to his custod
Elements
2. that any closed papers, documents, or objects are entrusted to his
custody
3. that he opens or permits to be opened said closed papers, documents
or objects
4. that he does not have proper authorit

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INFIDELITY IN THE CUSTODY OF DOCUMEN

In delity in the custody of document is committed by
1. a public of cer removes, destroys or conceals documents or papers of cially
entrusted to him, which causes damage, serious or not, to a third party or to
the public interest
2. a public of cer who being charged with the custody of papers or property
sealed by proper authority breaks the seals or permit them to be broken; o
3. a public of cer who opens or permits to be opened a closed papers,
documents, or objects entrusted to his custody without proper authorit
• concealment: to make it appear that the document is no longer availabl
• delivering the document to the wrong party is covered under this Articl
• mere opening of the document even if no damage or prejudice is suffered by the
person or the public in genera
• TSN: mere opening of the document; without order from the competent authorit
SECTION THRE
Revelation of Secret
ARTICLE 229. Revelation of Secrets by an Of cer. —

- Any public of cer who shall reveal any secret known to him
• by reason of his of cial capacity,
or shall wrongfully deliver papers or copies of papers of which
• he may have charge and which should not be publishe
Acts punishable as revelation of secrets by an of cer

1. by revealing any secrets known to the offending public of cer by
reason of his of cial capacity
2. by delivering wrongfully papers or copies of papers of which he may
have charge and which should not be punishe
Elements No.
2. that he knows of a secret by reason of his of cial capacity
3. that he reveals such secret without authority or justi able reason
4. that damage, great or small, be caused to the public interes
Elements No.

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2. that he has charge of the papers

3. that those papers should not be published
4. that he delivers those papers or copies thereof to a third person
5. that the delivery is wrongful
6. that the damage be caused to public interes
ARTICLE 230. Public Of cer Revealing Secrets of Private Individual. —
- Any public of cer to whom the secrets of any private individual shall become known
by reason of his of ce who shall reveal such secret
Elements:
2. that he knows of the secrets of a private individual by reason of his
of ce
3. that he reveals such secrets without any or justi able reaso
(k) Divulging valuable information of a con dential character, acquired by his

of ce or by him on account of his of cial position to unauthorized persons, or
releasing such information in advance of its authorized release date
• the person urging the divulging or untimely release of the con dential information
under Section 3 (k) shall, together with the offending public of cer, be punishe
CHAPTER SI
Other Offenses or Irregularities by Public Of cer
SECTION ON
Disobedience, Refusal of Assistance and Maltreatment of Prisoner
ARTICLE 231. Open Disobedience. —
- Any judicial or executive of cer who shall

• openly refuse to execute the judgment,
- decision or
- order
• of any superior authority

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THAN FOR PEOPLE."
• made within the scope of the jurisdiction of the latter and

• issued with all the legal formalitie
Elements
1. that the offender is a judicial or executive of cer
2. that there is a judgment, decision, or order of a superior authority
3. that such judgment, decision, or order was made within the scope of
the jurisdiction of the superior authority and issued with all the legal
formalities
4. that the offender without any legal justi cation openly refuses to
execute the said judgment, decision, or order, which he is duty bound
to obe
ARTICLE 232. Disobedience to Order of Superior Of cer, When Said Order Was
Suspended by Inferior Of cer. —
- Any public of cer who,
• having for any reason suspended the execution of the orders of his superiors,
• shall disobey such superiors after the latter have disapproved the
suspension
Elements
2. that an order is issued by his superior for execution
3. that he has for any reason suspended the execution of such order
4. that his superior disapproves the suspension of the execution of the
order
5. that the offender disobeys his superior despite the disapproval of the
suspension
ARTICLE 233. Refusal of Assistance. —

- A public of cer who, upon demand from competent authority, shall fail to lend his
cooperation towards the administration of justice or other public servic
Elements
2. that a competent authority demands from the offender that he lend his
cooperation towards the administration of justice or other public
service

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3. that the offender fails to do so maliciousl
ARTICLE 234. Refusal to Discharge Elective Of ce. —

- Any person who,
• having been elected by popular election to a public of ce,
• shall refuse without legal motive to be sworn in or
• to discharge the duties of said of ce
Elements
1. That the offender is elected by popular election to a public of ce
2. that he refuses to be sworn in or to discharge the duties of the said
of ce
3. that there is no legal motive for such refusal to be sworn on or to
discharge the duties of the said of c
ARTICLE 235. Maltreatment of Prisoners. —

- Any public of cer or employee
• who shall overdo himself in the correction or
• handling of a prisoner or detention prisoner under his charge,
• by the imposition of punishment not authorized by the regulations, or
• by in icting such punishment in a cruel and humiliating manner
Elements
2. that he has under his charge a prisoner or detention prisoner
3. that he maltreats such prisoner in either of the following manners
A. by overdoing himself in the correction or handling of
a prisoner or detention prisoner under his charge
either
(a) by the imposition of punishments not authorized by the
regulations; o
(b) by in icting such punishments (those authorized) in a
cruel and humiliating manner; o
B. by maltreating such prisoner to extort a confession
or to obtain some information from the prisone
• The crime is quali ed: If the purpose of the maltreatment is to

- extort a confession, or

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THAN FOR PEOPLE."
- to obtain some information from the prisone

• note that the offender can also be charged of the crime of torture because it is
considered as an independent crim
MALTREATMENT OF PRISONERS TORTURE
the victim is a detention or convicted the victim is criminal suspect (including

prisoner arrestee, detention prisoner or convicted
prisoner or third person); relative or friend
of the suspect
offender is a public of cer who is charge the offender is person in authority or

of the prisoner agent which includes immediate
commanding of cer of the unit of the AFP
or the immediate senior public of cial of
the PNP and other law enforcement
agencies
the purpose of the offender is to punish the purpose of the offender is to punish
prisoner in a manner not authorized by criminal suspect or person for crime
regulation in a cruel and humiliating committed by other person, to obtain
manner or to obtain a confession or confession or information or to
information discriminate him
can only be committed by means of dolo can be committed by means of dolo or

culpa
• maltreatment of arrestee: maltreatment of prisoner cannot be committed since the

victim is not yet a prisoner since he is not yet booked in the police station and placed
in jail even for a moment; either liable for grave coercion or torture (RA No. 9745)
• maltreatment must relate to the correction or handling of a prisoner under his charge
or must be for the purpose of extorting a confession, or of obtaining some
information from the prisoner
SECTION TW
Anticipation, Prolongation and Abandonment of the Duties and Powers of Public
Of c
ARTICLE 236. Anticipation of Duties of a Public Of ce. —

- Any person who shall assume the performance of the duties and powers
• of any public of ce or employment
• without rst being sworn in or having given the bond required by la

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THAN FOR PEOPLE."
Elements:
1. that the offender is entitled to hold a public of ce or employment either
by election or appointment
2. that the law requires that he should rst be sworn in and/or should rst
give a bond
3. that he assumes the performance of the duties and powers of such
of ce
4. that he has not taken his oath of of ce and/or given the bond required
by law
notes
• accountable public of cers are required to post a bond; but not al
• failure to take an oath before assuming of ce constitutes anticipation of duties of
public of ce
ARTICLE 237. Prolonging Performance of Duties and Powers. —
- Any public of cer who shall

• continue to exercise the duties and powers of his
• of ce, employment or commission,
• beyond the period provided by law, regulations or special provisions applicable
to the cas
Elements
1. that the offender is holding a public of ce
2. that the period provided by law, regulations or special provisions for
holding such of ce, has already expire
3. that he continues to exercise the duties and powers of such of c
• prolonging performance of duties and powers: despite being disquali ed after

the lapse of the 2 year term, A continued to exercise the duties and powers of the
public of ce to which appointe
• of cers contemplated: a public of cer who has been suspended, separated,

declared overaged, or dismissed cannot continue to perform the duties of his of c
ARTICLE 238. Abandonment of Of ce or Position. —

- Any public of cer who,
• before the acceptance of his resignation,
• shall abandon his of ce

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• to the detriment of the public service
Elements
2. that he formally resigns from his position
3. that his resignation has not yet been accepted
4. that he abandons his of ce to the detriment of the public servic
• If such of ce shall have been abandoned in order to evade the discharge of the
duties of preventing, prosecuting or punishing any of the crimes falling within Title
One, and Chapter One of Title Three of Book Two of this Code (any crime against
national security, any crime against the law of the nations, and certain crimes
against public disorder
• quali ed: abandonment of of ce to evade the duty to prosecute treason is quali ed

abandonment of public of ce
• not quali ed: abandonment of of ce to evade the duty to prosecute direct assault
• quali ed: to avoid trying cases for rebellion led against alleged members of the
Maute Group, the judge of the court with which the case is pending tendered his
resignation to the Supreme Court and immediately went to United States of America
without waiting for the acceptance of his resignatio
• resignation from public of ce: is not a defense in malversation since it is not listed
in Article 89 of the Revised Penal Code as a mode of extinguishing criminal liability;
the crime is committed if at the time of misappropriation the accused is an
accountable of cer; note that a public of cial has the right not to serve if he really
wants to retire or resign-nevertheless, if at the time he retires or resigns, a public
of cial is facing criminal or administrative investigation or prosecution, such
resignation or retirement will not cause the dismissal of the criminal or administrative
proceedings against him. He cannot use his resignation or retirement to avoid
prosecutio
SECTION THRE
Usurpation of Powers and Unlawful Appointment
ARTICLE 239. Usurpation of Legislative Powers. —

- Any public of cer who shall encroach upon the powers of the legislative branch of the
Government,
- either by making general rules or regulations beyond the scope of his authority,
or
- by attempting to repeal a law or suspending the execution thereof
Elements
1. that the offender is an executive or judicial of cer

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COLOSSIANS 3:23
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2. that he
• (a) makes general rules or regulations beyond the scope of his authority,
or
• (b) attempts to repeal a law or
• (c) suspends the execution thereo
ARTICLE 240. Usurpation of Executive Functions. —

- Any judge who shall so assume any power pertaining to the executive authorities, or
shall obstruct the latter in the lawful exercise of their powers, shall suffer the penalty
of arresto mayor in its medium period to prisión correccional in its minimum period
Elements
2. that he (a) assumes a power pertaining to the executive authorities or
(b) obstructs the executive authorities in the lawful exercise of their
power
ARTICLE 241. Usurpation of Judicial Functions. —

- The penalty of arresto mayor in its medium period to prisión correccional in its
minimum period shall be imposed upon any of cer of the executive branch of the
Government who shall assume judicial powers or shall obstruct the execution of any
order or decision rendered by any judge within his jurisdiction
Elements
1. that the offender is an of cer of the Executive Branch of the
Government
2. that he (a) assumes judicial powers, or (b) obstructs the execution of
any order or decision rendered by any judge within his jurisdictio

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THAN FOR PEOPLE."
Usurpation of Legislative Usurpation of Executive Usurpation of Judicial

Powers Power Power
committed by any public can only be committed by can only be committed by

of cer a judge a public of cer in the
executive branch such as
Provincial Administrator the "mayor
exercising quasi-judicial
function cannot be held clerk of court is not an
liable of "usurpation of of cer of the executive
executive power branch and cannot be held
liable for the usurpation of
powers on the judicial
branch; can be liable for
usurpation of the function
of a person in authority
under Article 177
ARTICLE 242. Disobeying Request for Disquali cation. —

- Any public of cer who, before the question of jurisdiction is decided, shall continue
any proceeding after having been lawfully required to refrain from so doing, shall be
punished by arresto mayor and a ne not exceeding 500 pesos
Elements
2. that a proceeding is pending before such public of cer
3. that there is a question brought before the proper authority regarding
his jurisdiction, which is not yet decided
4. that he has been lawfully required to refrain from continuing the
proceeding
5. that he continues the proceedin
• the market administrator was suspended and was investigated by the Mayor, the
former led a petition for prohibition in the CFI which issued a preliminary writ of
injunction pending the resolution of the question of jurisdiction raised by the
petitioner, but the Mayor continued the investigation; even if the jurisdictional
question is resolved by the proper authority in his favo
ARTICLE 243. Orders or Requests by Executive Of cers to Any Judicial Authority.

—

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- Any executive of cer who shall address any order or suggestion to any judicial
authority with respect to any case or business coming within the exclusive jurisdiction
of the courts of justice shall suffer the penalty of arresto mayor and a ne not
exceeding 500 pesos. (the purpose of this provision is to maintain the
independence of the judiciary)legislative or judicial of cers are not liable under
this Articl
Elements
1. that the offender is an executive of cer
2. that he addresses any order or suggestion to any judicial authority
3. that the order or suggestion relates to any case or business coming
within the exclusive jurisdiction of the court of justic
• legislative or judicial of cers are not liable under this Article: a congressman
who wrote a letter to a judge, requesting the latter to decide the case pending before
him one way or another, or a judge who made a suggestion to another judge
ARTICLE 244. Unlawful Appointments. —

- Any public of cer who shall knowingly nominate or appoint to any public of ce any
person lacking the legal quali cations therefor, shall suffer the penalty of arresto
mayor and a ne not exceeding 1,000 pesos
Elements
2. that he nominates or appoints a person to a public of ce
3. that such person lacks the legal quali cation therefor
4. that the offender knows that his nominee and appointee lacks the
quali cations at the time he made the nomination or appointmen
• to be held liable for unlawful appointment, the public of cer knew that his
nominee or appointee did not have the legal quali cations at the time he made the
nomination or appointment; in ascertaining the legal quali cations of a particular
appointee to a public of ce, there must be a law providing for the quali cations of a
person to be appointed or nominated therei
• mere recommendation is not punishabl

• there must be a law that has to be followed in appointing the perso
• temporary prohibition is not synonymous with absence or lack of legal
quali cation, within the contemplation of Article 244 of the Revised Penal Code; a
person who possessed the legal quali cations for a position may be temporarily
disquali ed for appointment to a public position by reason of the 1 year prohibition
imposed on losing candidates; upon the other hand, one may not be temporarily

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disquali ed for appointment, but could not be appointed as he lacked any or all of
the required legal quali cations imposed by la
SECTION FOU
Abuses Against Chastit
ARTICLE 245. Abuses Against Chastity —
1. Upon any public of cer who shall solicit or make immoral or indecent
advances to a woman interested in matters pending before such of cer for
decision, or with respect to which he is required to submit a report to or
consult with a superior of cer
2. Any warden or other public of cer directly charged with the care and custody
of prisoners or persons under arrest who shall solicit or make immoral or
indecent advances to a woman under his custody
- If the person solicited be the wife, daughter, sister or relative within the same
degree by af nity of any person in the custody of such warden or of cer
• actual seduction is not an element of the crime; abuse of chastity is
consummated as the precise moment that the public of cer solicited or
proposed immoral or indecent advances to a woman under his custody
because the law uses the word "solicit
Ways of committing abuses against chastity

1. by soliciting or making immoral or indecent advances to a woman
interested in matters pending before the offending of cer for decision,
or with respect to which he is required to submit a report to or consult
with a superior of cer
2. by soliciting or making immoral or indecent advances to a woman
under the offender's custody
3. by soliciting or making immoral or indecent advances to the wife,
daughter, sister, or relative within the same degree by af nity of any
person in the custody of the offending warden or of ce
Elements
2. that he solicits or make immoral or indecent advances to a woman
3. that such woman must be
A. interested with the matters pending before the offender
for decision or with respect to which he is required to
submit a report to or consult with a superior of cer; o

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B. under the custody of the offender who is a warden or

other public of cer directly charged with the care and
custody if prisoners or persons under arrest; o
C. the wife, daughter, sister, or relative within the same
degree by af nity of the person in the custody of the
offende
• the mother of the person in the custody of the offender is not include
• solicit: the word solicit means to propose earnestly and persistently something
unchaste and immoral to a woma
• proof of solicitation is not necessary when there is sexual intercourse: the

appellant was in charge of the prisoners; entered the cell of the woman and has illicit
relations with he
CRIMES AGAINST PERSON
Chapter On
DESTRUCTION OF LIF

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Section One. - Parricide, murder, homicid
Article 246. Parricide. -

- Any person who shall kill his father, mother, or child, whether legitimate or illegitimate,
or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide
and shall be punished by the penalty of reclusion perpetua to death
Elements
1. that a person is killed
2. that the deceased is killed by the accused
3. that the deceased is the father, mother, or child, whether legitimate or
illegitimate, or a legitimate other ascendant or other descendant, or the
legitimate spouse of the accuse
• legitimate relationship: if the victim is parent or child of the accused, the relationship
may either be legitimate or illegitimate; if the victim is the spouse, grandparent or
grandchild of the accused, the relationship must be legitimat
• parricide: relationship between the grandparent and grandchild must be legitimate
while for the purpose of alternative circumstance under Article 15: relationship
between the grandparent and grandchild may be legitimate or illegitimat
• murder quali ed by treachery and aggravated by relationship, and theft: the
offender, who killed his illegitimate grandchild, who was asleep, and taking his wallet
afterwar
• killing legitimate brother is not parricide since he is just a collateral relative of the
accuse
• not liable for parricide: a more, who killed his third wife under an invalid polygamous
marriage celebrated in accordance with Muslim rite; exception: polygamous
marriages made in accordance with the Code of Muslim Personal Laws are valid-
when the victim obtained a divorce recognized by the Code of Muslim Laws regarding
the 1st marriag
• blood relationship: except where the victim is the spouse of the accuse
• adopted son or daughter: one who killed an adopted son, is liable for homicide and
not parricide since the relationship by adoption is not within the contemplation of
Article 24
• a mother killed the 3-day old child of her husband with their daughter: murder
quali ed by treacher

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• personal relationship: the qualifying circumstance of relationship in parricide is

personal; it can be appreciated against the wife but not against a co-conspirator, who
is not related to her husban
• stranger is liable for murder quali ed by the circumstance or reward while the
wife is liable for parricide with ordinary circumstance of reward: the husband is
killed by a stranger in consideration of the reward advanced by the wife of the victi
• mother is liable for parricide with ordinary aggravating circumstance of
treachery while her brother is liable for murder quali ed by the circumstance of
treachery: an unmarried mother with the help of her brother killed her 2 week old
child to conceal dishono
• relationship as a qualifying circumstance cannot be appreciated against the

brother since the same is personal to her as the mother of the victim; concealment
of dishonor is not a special mitigating circumstance since this can only be
appreciated in abortion and infanticide and not in parricid
• knowledge of relationship: one who killed a person not knowing that he is his father
is liable for parricid
Article 247. Death or physical injuries in icted under exceptional circumstances. -

- Any legally married person who having surprised his spouse in the act of committing
sexual intercourse with another person, shall kill any of them or both of them in the
act or immediately thereafter, or shall in ict upon them any serious physical injury,
shall suffer the penalty of destierro
- If he shall in ict upon them physical injuries of any other kind, he shall be exempt
from punishment
- These rules shall be applicable, under the same circumstances, to parents with
respect to their daughters under eighteen years of age, and their seducer, while the
daughters are living with their parents
- Any person who shall promote or facilitate the prostitution of his wife or daughter, or
shall otherwise have consented to the in delity of the other spouse shall not be
entitled to the bene ts of this article
Requisites for the application of Article 247

1. that a legally married person or a parents surprises his spouse or his
daughter, the latter under 18 years of age and living with him, in the
act of committing sexual intercourse with another person

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2. that he or she kills any or both, of them or in icts upon any or both of
them any serious physical injury in the act or immediately thereafter
3. that he has not promoted or facilitated the prostitution of his wife or
daughter, or that he or she has not consented to the in delity of the
other spous
Article 248. Murder. -

- Any person who, not falling within the provisions of Article 246 shall kill another, shall
be guilty of murder and shall be punished by reclusion temporal in its maximum
period to death, if committed with any of the following attendant circumstances
1. With treachery, taking advantage of superior strength, with the aid of armed
men, or employing means to weaken the defense or of means or persons to
insure or afford impunity
2. In consideration of a price, reward, or promise
3. By means of inundation, re, poison, explosion, shipwreck, stranding of a
vessel, derailment or assault upon a street car or locomotive, fall of an
airship, by means of motor vehicles, or with the use of any other means
involving great waste and ruin
4. On occasion of any of the calamities enumerated in the preceding paragraph,
or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or
other public calamity
5. With evident premeditation
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the
victim, or outraging or scof ng at his person or corpse
Elements
1. that a person was killed
2. that the accused killed him
3. that the killing was attended by any of the qualifying circumstances
mentioned in Article 248
4. the killing is not parricide or infanticid
three concepts of intent to kill, to wit:

1. intent to kill as an element of murder or homicide

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2. lack of intent to kill to appreciate the mitigating circumstance of praeter

intentionem; an
3. intent to kill as a requisite of the qualifying circumstance by means of re,
explosion or poiso
• the offender with a bolo or knife hacked or stabbed the victim, or red his gun
at him without hitting or killing hi
• if there is intent to kill: the crime committed is either homicide or murder

• if there is no intent to kill: the crime may either be threat, discharge of
rearm, physical injuries, or discharge of rearms with physical injurie
• use of re: killing another by means of re presupposes that re was used as a

means to kill; there is no murder quali ed by the circumstance of by means of re
without the intent to kil
• homicide but the mitigating circumstance of praeter intentionem shall be

appreciated: the accused out of fun used re as a means to in ict injury upon his
friend, but the latter died as a consequenc
• praeter intentionem and treachery: there is no incompatibility between treachery

and the praeter intentionem since the former refers to the manner of execution of the
crime while the latter pertains to intention of the accused not to kill the victi
• murder is included in the de nition of terrorism: terrorism in relation to murder is

subject to the variance rule and rule against double jeopard
• multiple qualifying circumstances: there are 3 rules to be considered if the

killing is attended by several qualifying circumstances, to wit:
• the doctrine of absorptio

• the rule on qualifying circumstance and aggravating circumstance; an
• rule on infanticide, parricide, and murde
Doctrine of Absorption:
• if there are 2 or more circumstances based on the same incident, only one will be
appreciated while the others are absorbe
• if the offender, who killed the victim, took advantage of their superior strength to
render him defenseless, the crime committed is murder quali ed by the
circumstance of treachery; abuse of superior strength is absorbed in treacher
• if the accused, who killed the victim, took advantage of the darkness of the night to
render the victim defenseless, the crime committed is murder quali ed by the
circumstance of treachery; nighttime is absorbed in treacher

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• rule on qualifying circumstance and aggravating circumstance: if there are 2 or

more circumstances aggravated the killing, one will be appreciated to qualify the
killing into murder and the others to aggravate the criminal liability of the accuse
• scof ng the corps and employment of means to afford impunity are qualifying
circumstance in murder, but they are not an ordinary aggravating circumstance;
qualifying circumstance must be given priority over that of ordinary aggravating
circumstanc
• outraging or scof ng of the person or corpse of the victim, cruelty and

ignominy: accused aunted the brain of the victim and sung a song after brutal
slaying of the pries
cruelty ignominy scof ng
the intention of the accused is to augment the physical either at the person of the
and moral suffering of the victim, respectively; hence, victim or the corpse of the
these circumstances cannot be considered if the victim; hence, scof ng
subject act was committed at the time the victim was can be considered even
already dead since the dead person suffers no more though the outrageous
act was committed at the
time that the victim was
already dead
both qualifying and ordinary aggravating qualifying circumstance

aggravating circumstance circumstance but not but not an ordinary
qualifying circumstance aggravating circumstance
raping a dying victim after the in iction of mortal wound on her
inserting toothbrush into sodomizing a dead victim

the anal ori ce of a dying after killing her
victim
cutting the head of a

dead victim
cutting the head of a cutting the head of a

dead victim after the dead victim after the
in iction of mortal wound in iction of mortal wound
on him on him

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• note: scof ng should have been appreciated as a qualifying circumstance while

abuse of superior strength as an ordinary aggravating circumstance, and not the
other way aroun
EMPLOYMENT OF MEANS TO AFFORD IMPUNIT

• the circumstance of employment of means to afford impunity is present where the
accused after killing the victim buried his lifeless body to conceal the corpus delict
• offender was wearing a mask to conceal his identity at the time that he killed
the victi
• either disguise or employment of means to afford impunit
• if killed with treachery; wearing a mask must be appreciated as an ordinary
aggravating circumstance of disguise and not employment of means to afford
impunit
• cutting the ear of a dying victim: qualifying or aggravating circumstance of cruelty
or qualifying circumstance of scof n
• taking advantage of the darkness of the night to hide his identity: ordinary
aggravating circumstance of nighttime or qualifying circumstance of employment of
means to afford impunit
• treachery: inherent in infanticide is absorbe
Article 249. Homicide. -

- Any person who, not falling within the provisions of Article 246, shall kill another
without the attendance of any of the circumstances enumerated in the next preceding
article, shall be deemed guilty of homicide and be punished by reclusion temporal
• homicide, de ned: homicide is the unlawful killing of any person, which is neither
parricide, murder, nor homicid
Elements
1. that a person was killed
2. that the accused killed him without any justifying circumstance
3. that the accused had the intention to kill, which is presumed
4. that the killing was not attended by any of the qualifying circumstances
of murder, or by that of parricide or infanticid
• Section 10; RA No. 7610: when the victim is below 12 years of age, the penalty of
homicide is reclusion perpetua (qualifying circumstance
• as an element of homicide or murder, intent to kill is conclusively presumed in the

victim died as a consequence of a felonious act; for the purpose of appreciating the

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mitigating circumstance of lack of intent to commit so grave a wrong than that

committed, intent to kill is disputably presume
• reckless imprudence resulting in homicide or physical injuries: if the victim

died or suffered injuries as a consequence of an act committed with recklessnes
• the use of scythe against the victim's neck was determinative of the homicidal
intent of X; a single hacking blow in the neck could be enough to decapitate a
person and leave him dead; refraining from further hacking the victim does not
negate the intent to kil
Article 250. Penalty for frustrated parricide, murder or homicide. -
- The courts, in view of the facts of the case, may impose upon the person guilty of the
frustrated crime of parricide, murder or homicide, de ned and penalized in the
preceding articles, a penalty lower by one degree than that which should be imposed
under the provision of Article 50
- The courts, considering the facts of the case, may likewise reduce by one degree the
penalty which under Article 51 should be imposed for an attempt to commit any of
such crimes
Article 251. Death caused in a tumultuous affray. -

- When, while several persons, not composing groups organized for the common
purpose of assaulting and attacking each other reciprocally, quarrel and assault each
other in a confused and tumultuous manner, and in the course of the affray someone
is killed, and it cannot be ascertained who actually killed the deceased, but the
person or persons who in icted serious physical injuries can be identi ed, such
person or persons shall be punished by prision mayor
- If it cannot be determined who in icted the serious physical injuries on the deceased,
the penalty of prision correccional in its medium and maximum periods shall be
imposed upon all those who shall have used violence upon the person of the victim
Elements
1. that there be several persons
2. that they did not compose groups organized for the common purposes
of assaulting and attacking each other reciprocally
3. that these several persons quarreled and assaulted one another in a

confused and tumultuous manner
4. that someone was killed in the course of affray
5. that it cannot be ascertained who actually killed the deceased

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6. that the person or persons who in icted serious physical injuries or

who used violence can be identi e
• Free-for-all rumble: there is tumultuous affray when several persons quarrel ad

assault each other in a confused and tumultuous manner provided they are not
composed of groups organized for the common purpose of reciprocally assaulting
and attacking each othe
• remedy: the killers were not identi ed because of confusio

• without confusion or tumultuous affray, all persons, who assaulted the
deceased, are liable for murder or homicide and not the lesser crime of death
caused in a tumultuous affra
• tumultuous affray: failure to identify the killer is an indispensable elemen

• no conspiracy: if death caused in a tumultuous affray, the persons, who assaulted
each other, must not composed of groups organized for the common purpose of
reciprocally assaulting and attacking each other
• implied conspiracy where the accused are members of the fraternity who
assaulted the members of the rival fraternity including the deceased: because
of conspiracy, they are collectively liable for the death of the victim even though the
actual killer was not identi e
Article 252. Physical injuries in icted in a tumultuous affray. -
- When in a tumultuous affray as referred to in the preceding article, only serious
physical injuries are in icted upon the participants thereof and the person responsible
thereof cannot be identi ed, all those who appear to have used violence upon the
person of the offended party shall suffer the penalty next lower in degree than that
provided for the physical injuries so in icted
- When the physical injuries in icted are of a less serious nature and the person
responsible therefor cannot be identi ed, all those who appear to have used any
violence upon the person of the offended party shall be punished by arresto mayor
from ve to fteen days
Elements
1. that there is tumultuous affray as referred to in the preceding article
2. that a participant or some participants thereof suffered serious physical
injuries or physical injuries of less serious nature only
3. that the person responsible therefor cannot be identi ed
4. that all those who appear to have used violence upon the person of
the offended party are know

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• PARTICIPANTS: If death caused or physical injuries in icted in a tumultuous

affray, there are 3 kinds of participants, to wit
1. the injured participant or victim, who died or suffered serious or less serious
physical injuries
2. the unidenti ed participant who killed the victim or in icted serious or less
serious physical injury upon the victim; he is not an accused in a case of
tumultuous affray crime since his identity was unknown;
3. the identi ed participant who in icted serious physical injuries or used
violence upon the deceased victim, or used violence upon the injured
victim; he is the accused in a case of tumultuous affray crim
• slight physical injuries, and not the crime of physical injuries in icted in a
tumultuous affray: if the unidenti ed offending participant in icted slight physical
injuries, the identi ed participant, who used violence upon the victi
• the injuries in icted by the identi ed participant must be slight while those who
in icted by the unidenti ed participant must be serious or less seriou
• if the identi ed participant in icted serious or less serious physical injuries upon
the victim, Article 252 is not applicable because it is an important element of the
crime under this provision that the one who in icted serious or less serious
injuries upon the victim was not identi ed
death under exceptional tumultuous affray

circumstances
death and serious physical injuries: death caused in tumultuous affray and
protective measure of destierro serious physical injuries in icted in a
tumultuous affray
less serious or slight physical injuries: no crime of less serious physical injuries
exempted in icted in a tumultuous affray
Article 253. Giving assistance to suicide. -

- Any person who shall assist another to commit suicide shall suffer the penalty of
prision mayor; if such person leads his assistance to another to the extent of doing
the killing himself, he shall suffer the penalty of reclusion temporal
- However, if the suicide is not consummated, the penalty of arresto mayor in its
medium and maximum periods, shall be imposed
Acts punishable as giving assistance to suicide:

1. by assisting another to commit suicide, whether the suicide is
consummated or not

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2. by lending his assistance to another to commit suicide to the extent of

doing the killing himsel
• the agreement was to shoot each other in the head which they did; Joan died; due
to medical assistance, Francis survived-Francis is liable for "giving assistance to
suicide
Article 254. Discharge of rearms. -

- Any person who shall shoot at another with any rearm shall suffer the penalty of
prision correccional in its minimum and medium periods, unless the facts of the case
are such that the act can be held to constitute frustrated or attempted parricide,
murder, homicide or any other crime for which a higher penalty is prescribed by any
of the articles of this Code
Elements
1. that the offender discharges a rearm against or at another person
2. that the offender has no intention to kill that perso
• a person charged with the crime of frustrated homicide may be found guilty of the
crime of unlawful discharge of rearms against another if the intent to kill was not
proven beyond reasonable doub
• the accused shot at Reyes with a rearm to kill him; one of the bullets hit Pinili
by reason of aberratio ictus-as a consequence, Pinili suffered less serious
physical injuries while Reyes suffered mortal wound
• complex crime of discharge of rearm with less serious physical injuries
committed against PINILI because of the absence of intent to kil
• frustrated homicide is committed against REYES because of the presence of the
intent to kil
• during the operation against cattle rustling, Eraso and Dado, member of CAFGU,
saw an approaching person mistaken as a cattle rustler, Eraso red his armalite
several times at the approaching person, while Dado discharged his .45 caliber
pistol; as a consequence, the victim die
• Dado is convicted for discharge of rearm: there is no evidence that the bulled
red by Dado from the .45 caliber pistol hit the victim and the intent to kill was not
shown beyond reasonable doub
• graver crime: robbery: if the accused shoot at another with a rearm in the course
of robbery, he shall be liable for robbery which is a graver crim
• discharge of rearm: if the accused shoot another with a rearm in the course of
attempted robber

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• intent to threaten or in ict injurie

• if the accused shoot another with a rearm to threaten him, he is liable for
discharge of rearm; shoot from a distance of 200 meters; because of the
limited range of the shotgun, it is impossible for the accused to kill the
victim from a distance of 200 meters; the distance between the accused and the
victim was so great, that it is dif cult to impute an intention on the part of the
former to kill the latte
• complex crime of discharge of rearm to in ict injuries upon him: if the

accused shoot at another with a rearm to in ict injuries upon him, and as a
consequence, the victim suffered injurie
• only discharge of rearm: if the victim merely suffered slight physical injuries, it
is submitted that the accused should be held liable for discharge of rearm; it
cannot be made a component of a compound crim
Section Two. - Infanticide and abortion
Article 255. Infanticide. -

- The penalty provided for parricide in Article 246 and for murder in Article 248 shall be
imposed upon any person who shall kill any child less than three days of age
- If the crime penalized in this article be committed by the mother of the child for the
purpose of concealing her dishonor, she shall suffer the penalty of prision
correccional in its medium and maximum periods, and if said crime be committed for
the same purpose by the maternal grandparents or either of them, the penalty shall
be prision mayor
Elements
1. that a child was killed
2. that the deceased child was less than 72 hours of age
3. that the accused killed the said chil
Infanticide: may be de ned as the killing of any child less than 3 days of age, whether
the killer is the parent of grandparent, any other relative of the killed, or a stranger
Infanticide: is committed by any person who shall kill child less than 3 days of
ag
• born-alive and viable fetus with a life less than 3 day
There are 3 requisites to make killing of a child constitutive of the crime of

infanticide, to wit

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1. The victim did not die inside the maternal womb. An unborn fetus is not an infant.
Hence, killing am unborn fetus regardless of its viability or intrauterine life is not
infanticide but abortion
2. The born alive infant must be viable. A born-alive but non-viable fetus is not an
infant for purposes of the crime of infanticide. Killing it is still abortion
3. The born-alive viable infant must be less than 3 days old. Killing a child with a life
of 3 days or more constitutes the crime of parricide, murder, or homicide
depending upon the circumstances of the case
• killing a 3-day old baby is parricide or murder quali ed by treachery; minor

children, who by reason of their tender years, cannot be expected to put a defens
• live in partners kill their new born child to conceal dishonor: if the victim is a
non-viable fetus, the crime committed is abortion; if the victim is a viable infant with a
life less than 3 days, the crime committed is infanticide; if the victim is a baby with a
life or 3 days or more, the crime committed is parricide
• abortion: may be committed using violence upon the pregnant woman with intent
to abort; unintentional abortion can only be committed intentionally using violence
upon the pregnant woman without intent to abor
• complex crime of parricide with unintentional abortion: if the intention of the

accused was merely to kill the wife but not necessarily to cause abortion; mere
boxing on the stomach, taken together with the immediate strangling of the victim in
a ght, is not suf cient proof to show intent to cause an abortion;
• merely mauled the victim-no intention to kill the victim since his intention is
merely to maltreat the victim; a mauled his wife, who was pregnant for 6-
months, without intent to kill or abort;
• as a consequence, the wife died, and the fetus was expelled prematurely;
after a few minute
• complex crime of murder with intentional abortion: stabbing on the stomach on

a 9 month pregnant victim establish intent to kill the woman and intent to abort the
fetu
• unintentional abortion is committed although the accused is not aware that the
victim is pregnan
Article 256. Intentional abortion. -

- Any person who shall intentionally cause an abortion shall suffer
1. The penalty of reclusion temporal, if he shall use any violence upon
the person of the pregnant woman

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2. The penalty of prision mayor if, without using violence, he shall act
without the consent of the woman
periods, if the woman shall have consented
De nition of Abortion: has de ned abortion as the willful killing of the fetus in the
uterus, or the violent expulsion of the fetus from the maternal womb which results in the
death of the fetu
ways of committing intentional abortion

1. by using violence upon the person of the pregnant woman
2. by acting, without using violence, without the consent of the woman
(by administering drugs, or beverages upon such pregnant woman
without her consent)
3. by acting (by administering drugs or beverages), with the consent of
the pregnant woma
Elements
1. their is a pregnant woman
2. that violence is exerted, or drugs or beverages administered, or that
the accused otherwise acts upon such pregnant woman
3. that as a result of the use of violence or drugs or beverages upon her
or nay other act of the accused, the fetus dies, either in the womb or
after having been expelled therefrom
4. that the abortion is intende
• administering abortive substance: believing that the child in the womb of the
woman was a sort of sh-demon, gave her a poison made of herbs; 2 hours
thereafter, she gave to a child 3 months in advance of the full period of gestatio
Article 257. Unintentional abortion. -

- The penalty of prision correccional in its minimum and medium period shall be
imposed upon any person who shall cause an abortion by violence, but
unintentionally
Elements of Unintentional Abortion

1. that there is a pregnant woman
2. that violence is used upon such pregnant women without intending an
abortion
3. that the violence is intentionally exerted; an

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4. that as a result of the violence the fetus dies, whether in the womb or
after having been expelled therefro
• if the fetus dies after having been expelled from the material womb, it is important
that the victim is not liabl
• unintentional abortion is an intentional felony since the offender intentionally

employed violence against the pregnant woman but unintentionally caused abortio
• complex crime of homicide with unintentional abortion: if both the pregnant

woman and the fetus die
• reckless imprudence resulting in unintentional abortion: if the act of violence is

committed by means of culp
• direct assault with unintentional abortion: the prosecution must establish that the
violence employed by the accused upon a person in authority (teacher) is the
proximate cause of abortio
• the abortion can only be committed by intentionally or recklessly using violence upon
the woman without intent to cause abortion; the crime cannot be committed by using
abortive substance upon the pregnant woma
• complex crime: less serious physical injuries and unintentional abortion:

knowledge of the pregnancy of the woman is not an element of unintentional
abortio
• proximate cause rule under Article 4 of the RPC: a person who, unintentionally
employed violence, which is a felony, is liable for direct, natural and logical
consequenc
• threat: not applicable because it is not within the contemplation of the word
"violence
• complex crime of threat and abortion: A threatened to kill the pregnant woman
and as a consequence, the woman suffered from abortio
• absorption: if threat produces death, the crime committed is homicide while threat
is absorbed; if threat produces abortion, the crime committed is complex crime of
threat and abortion-abortion will not absorb threat since these crimes pertains to 2
different victims (the victim in threat is the pregnant woman while the victim in
abortion is the fetu
• taking poison: taking poisonous substance in an attempt to commit suicide is not

within the contemplation of the words "violence and felony
• complex crime of parricide and unintentional abortion: even if the wife died after
maltreating her; mauled his wif
• intent to abort can be considered as lacking if the accused is not aware that the
woman is pregnant; unintentional abortion is committed

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• complex crime of parricide and infanticide: the killing of his infant is not
unintentional abortion because the victim was born alive and viable for his intra
uterine life being more than 6 months-killing of a born alive and viable infant with a
life of less than 3 days is infanticide (the wife also died
• double parricides: the wife died due to mauling and the child was expelled
prematurely, after 3 days, the child died: killing the wife is parricide while the killing
of the born-alive child is not unintentional abortion because the victim is viable for
his intrauterine life being more than 6 months; neither the killing of the child
constitutive of infanticide for his life not being less than 3 days old; the killing of a
child with a life exactly 3 days is also parricide by reason of relationshi
• concealment of dishonor: it is an extenuating circumstance since it reduces the

penalty prescribed for abortion committed by pregnant mother, or infanticide
committed by mother or her parents; concealment of dishonor is not an element of
infanticid
• special mitigating circumstance of concealment of dishonor in abortion: it can

only be appreciated in favor of pregnant woman but not in favor of the parents of the
pregnant woma
• special mitigating circumstance of concealment of dishonor in infanticide: can

be appreciated in favor of pregnant woman and the parents of the woma
• special mitigating circumstance of concealment of dishonor cannot be

appreciated in abortion or infanticide committed by the father pr fraternal
grandparents of the fetus or infan
• the extenuating circumstance of concealment of dishonor is not appreciable

in parricide: the degree of motivation to kill the child to conceal dishonor is
expected to wane after the mother took care of him for 3 days or mor
• viability of Fetus: a fetus with an intrauterine life of six months is not viable; if the
intrauterine life of the fetus is more than six months, he is considered as viable; thus
a fetus with intrauterine life of 6 months and 15 days is "viable
• the 7 moths rule under the New Civil Code should not be confused with the six
months rule under the Revised Penal Cod
• attempted or frustrated abortion; but there is no attempted or frustrated

unintentional abortion because it is a formal crime
MUTILATIO
• vasectomy- denies a man of his power of reproduction, however, such procedure
does not deprive him "either totally or partially, of some essential for reproduction
• Section 10; RA No. 7610: when the victim is below 12 years of age, the penalty of
other intentional mutilation is reclusion perpetua (qualifying circumstance

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• intent to mutilate: indispensable element: if there is no intention to mutilate, the

crime committed is serious physical injurie
• not under RA No. 9262: if the physical violence against the woman results to
mutilation or, it constitutes attempted, frustrated, or consummated parricide, murder,
or homicide, the offender shall be punished under the Revised Penal Code
SERIOUS PHYSICAL INJURIE
• Section 10; RA No. 7610: when the victim is below 12 years of age, the penalty for
serious physical injuries is reclusion perpetua (qualifying circumstance
• note: if the offender ill-treat another by deed without causing any injury, the crime
committed is "maltreatment
ARTICLE 260. Responsibility of Participants in a Duel. —

- The penalty of reclusión temporal shall be imposed upon any person who shall kill his
adversary in a duel
- If he shall in ict upon the latter physical injuries only, he shall suffer the penalty
provided therefor, according to their nature
- In any other case, the combatants shall suffer the penalty of arresto mayor, although
no physical injuries have been in icted
- The seconds shall in all events be punished as accomplices
De nition of duel: duel is a formal or regular combat previously concerted between 2

parties in the presence of 2 or more seconds of lawful age on each side, who make the
selection of arms and x all the other conditions on the gh
Acts punishable in duel

1. by killing one's adversary in duel
2. by in icting upon adversaries serious physical injuries
3. by making a combat although no physical injuries have been in icte
Who are liable in duel

1. the person who killed or in icted physical injuries upon his adversary,
or both combatants in any other case, as principals
2. the seconds, as accomplices
ARTICLE 261. Challenging to a Duel. —
- The penalty of prisión correccional in its minimum period shall be imposed upon any
person who shall challenge another, or incite another to give or accept a challenge to

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a duel, or shall scoff at or decry another publicly for having refused to accept a
challenge to ght a duel
acts punishable
1. by challenging another to a duel
2. by inciting another to give or accept a challenge to a duel
3. by scof ng at or decrying another publicly for having refused to accept
a challenge to ght a due
see separate notes for Special Penal Law
Chapter Two 
PHYSICAL INJURIE
Article 262. Mutilation. -

- The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any
person who shall intentionally mutilate another by depriving him, either totally or
partially, or some essential organ of reproduction
- Any other intentional mutilation shall be punished by prision mayor in its medium and
maximum periods
Mutilation, de ned: means the lopping or the clipping off of some part of the bod
• the putting out of an eye does not fall under this de nition; thus, when a robber
stabbed a woman in one eye, and as a result of the wound thus in icted she lost the
use of the eye, there is no mutilatio
• 2 kinds of mutilation
1. by intentionally mutilating another by depriving him, either totally or
partially, of some essential organ for reproduction
2. by intentionally making other mutilation, that is, by lopping or clipping
off any part of the body of the offended party, other than the essential
organ for reproduction, to deprive him of that part of his bod
elements of mutilation of the 1st kind

1. that there be a castration, that is, mutilation of organs necessary for
generation, such as penis or ovarium

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2. that the mutilation is caused purposely and deliberately, that is, to

deprive the offended party of some essential organ for reproductio
Article 263. Serious physical injuries. -

- Any person who shall wound, beat, or assault another, shall be guilty of the crime of
serious physical injuries and shall suffer
1. The penalty of prision mayor, if in consequence of the physical injuries
in icted, the injured person shall become insane, imbecile, impotent,
or blind
periods, if in consequence of the physical injuries in icted, the person
injured shall have lost the use of speech or the power to hear or to
smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or
shall have lost the use of any such member, or shall have become
incapacitated for the work in which he was therefor habitually
engaged
3. The penalty of prision correccional in its minimum and medium
periods, if in consequence of the physical injuries in icted, the person
injured shall have become deformed, or shall have lost any other part
of his body, or shall have lost the use thereof, or shall have been ill or
incapacitated for the performance of the work in which he as habitually
engaged for a period of more than ninety days
4. The penalty of arresto mayor in its maximum period to prision
correccional in its minimum period, if the physical injuries in icted shall
have caused the illness or incapacity for labor of the injured person for
more than thirty days
- If the offense shall have been committed against any of the persons enumerated in
Article 246, or with attendance of any of the circumstances mentioned in Article 248,
the case covered by subdivision number 1 of this Article shall be punished by
reclusion temporal in its medium and maximum periods; the case covered by
subdivision number 2 by prision correccional in its maximum period to prision mayor
in its minimum period; the case covered by subdivision number 3 by prision
correccional in its medium and maximum periods; and the case covered by
subdivision number 4 by prision correccional in its minimum and medium periods
- The provisions of the preceding paragraph shall not be applicable to a parent who
shall in ict physical injuries upon his child by excessive chastisement
• Lecture Roque vs. People (2015): in attempted or frustrated homicide, the offender
must have the intent to kill the victim; if there is no intent to kill on the part of the
offender, he is liable for physical injuries only; after all, what should be determinative
of the crime is not the gravity of the resulting injury but the criminal intent that
animated the hand that pulled the trigger; formal crime

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• robbery with serious physical injuries: robbery and serious physical injuries if
in icted to his co-robber
Article 264. Administering injurious substances or beverages. -

- The penalties established by the next preceding article shall be applicable in the
respective case to any person who, without intent to kill, shall in ict upon another any
serious, physical injury, by knowingly administering to him any injurious substance or
beverages or by taking advantage of his weakness of mind or credulity
Elements
1. that the offender in icted upon another any serious physical injuries
2. that it was done by knowingly administering to him any injurious
substances or beverages or by taking advantage of his weakness of
mind and credulity
3. that he had no intent to kil
Article 265. Less serious physical injuries. -
- Any person who shall in ict upon another physical injuries not described in the
preceding articles, but which shall incapacitate the offended party for labor for ten
days or more, or shall require medical assistance for the same period, shall be guilty
of less serious physical injuries and shall suffer the penalty of arresto mayor
- Whenever less serious physical injuries shall have been in icted with the manifest
intent to kill or offend the injured person, or under circumstances adding ignominy to
the offense in addition to the penalty of arresto mayor, a ne not exceeding 500
pesos shall be imposed
- Any less serious physical injuries in icted upon the offender's parents, ascendants,
guardians, curators, teachers, or persons of rank, or persons in authority, shall be
punished by prision correccional in its minimum and medium periods, provided that,
in the case of persons in authority, the deed does not constitute the crime of assault
upon such person
Article 266. Slight physical injuries and maltreatment. -
- The crime of slight physical injuries shall be punished

1. By arresto menor when the offender has in icted physical injuries which shall
incapacitate the offended party for labor from one to nine days, or shall require
medical attendance during the same period
2. By arresto menor or a ne not exceeding 20 pesos and censure when the
offender has caused physical injuries which do not prevent the offended party
from engaging in his habitual work nor require medical assistance
3. By arresto menor in its minimum period or a ne not exceeding 50 pesos when
the offender shall ill-treat another by deed without causing any injury

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ARTICLE 267. Serious Illegal Detention. —

- Any private individual who shall kidnap or detain another, or in any other manner
deprive him of his liberty, shall suffer the penalty of reclusión temporal
1. If the locking up or detention shall have lasted more than twenty days
2. If it shall have been committed simulating public authority
3. If any serious physical injuries shall have been in icted upon the person
locked up or detained, or if threats to kill him shall have been made
Elements
1. that the offender is a private individual
2. that he kidnaps or detains another, or in any manner deprives the latter
of his liberty
3. that the act of detention or kidnapping must be illegal
4. that in the commission of the offense, any of the following
circumstances is present
A. that the kidnapping or detention lasts for more than 3 days
B. that is committed simulating public authority
C. that any serious physical injuries are in icted upon the
person kidnapped or detained or threats to kill him are
made; o
D. that the person kidnapped or detained is a minor, a female,
or a pubic of ce
• kidnapping and serious illegal detention is committed by a private individual who

shall kidnap or detain another, or in any other manner deprive him of his liberty
provided that any of the circumstances is present
1. the kidnapping or detention shall have lasted more than 3 days
2. simulation of public authority
3. serious physical injuries, threats to kill
4. the victim is a female, public of cer, or minor except when the accused is
the parent of the minor
5. the purpose of kidnapping or detention is extorting ransom for the victim
or any other person; or when the victim is killed or dies as a consequence
of the detention or is raped, or is subjected to torture or dehumanizing
act

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• 2 indispensable elements: deprivation of liberty of the victim and intent to

deprive libert
• deprivation of liberty: if the child was left is a place which she did not know her way
back home; even if she had the freedom to roam around the place of detention, for
under such a situation, the child's freedom remains at the mercy and control of the
abducto
• period of time: there must be an appreciable period of time within which the victim
was deprived of her liberty; XPN: even if the incident happened for only "a very brief
span of time"; there is no showing that the victim was indeed deprived of her liberty;
however, her acts showed intention to deprive the victim of her libert
• crime is murder and there was no intention to deprive him of his liberty: there
was no interval between his being taken and being shot from which kidnapping may
be inferre
• the deprivation of liberty must not be incidental to the commission of other
crime such as murder, rape or robbery which the offender principally intended to
commit; if the deprivation of liberty is incidental to the commission of other crime, the
latter absorbs the forme
• absorbed: illegal detention is incident to the commission of robbery or murder if the
deprivation of liberty arose from the transportation of the victim to the place where the
victim will be killed or robbed; if the deprivation of liberty is made to prevent the police
authorities from arresting the accused; if the deprivation of liberty merely arose from
the prolonged commission of rape, coercion, robber
• arbitrary detention: can only be committed by public of cer in pursuit of their duty to
arrest; hence, arbitrary detention is committed of public of cer arrested the victim
without probable cause for purpose of investing him or bringing him to proper
investigating authorit
• robbery or kidnapping for ransom: if the police of ce arrested the victim without
probable cause for purpose of extorting mone
• Mercado Principle: the accused is liable for a "special complex crime of
kidnapping with murder or homicide" as long as the victim is killed in the course of
the detention; this special complex crime is committed regardless of whether the
killing was purposely sought-the original design is to kill or the killing is just an
afterthought; the victim must be the kidnapped or detained victi
• note: in robbery with homicide or rape with homicide: the victim of homicide can
be a bystander; a responding police of cer or even a co-robber; the victim can be
any other person other than the victim of rap
• single count of robbery with rape or robbery with homicide: even though there
are several victims because of "delito continuado principle

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• 5 counts of kidnapping for ransom: if there are ve kidnapped victims; even if

the same was committed on the same occasion and from the same situ
• murder as a component: no complex crime of robbery with murder (homicide is

used in its generic sense) while in kidnapping; murder can be complexed with
kidnappin
• murder only: the detention is considered as incidental if the same merely arises
from the transportation of the victim to the place where he shall be execute
• where the victim was taken from one place to another solely for the purpose
of killing and not for detaining him for a length of time or for the purpose of
detaining a ransom for his releas
• 2 counts if direct assault with murder: abducted 2 NBI operatives for the
purpose of killing them; they were taken solely for the purpose of killing them and
not for detaining them illegally for any length of time or for the purpose of obtaining
ransom for their release; it was not the purpose of the accused to commit the
crime of illegal detentio
• detention is merely incidental: detention is also considered as incidental if the

same merely arises from the transportation of the victim from one place to another
to evade the police authorities from arresting the
• estafa (attempted or consummated): if the victim is already dead, the accused

cannot anymore use deprivation of liberty as mode of asking ransom for payment
from the relatives of the victim; the accused employed false representation that the
victim is still alive in asking money from his relative
• special complex crime of kidnapping with murder (consummated homicide

or murder): Mercado principle: where the accused kidnapped the victim for the
purpose of killing him; or where the victim was kidnapped not for the purpose of
killing him but was subsequently slain as an afterthough
• attempted or frustrated murder through kidnapping: the accused kidnapped

the victim for the purpose of killing him; abduction of the victim was a necessary
means of committing the attempted or frustrated murde
• two separate crimes of kidnapping and attempted or frustrated homicide:

where the victim was kidnapped not for the purpose of killing him but the accused
subsequently tried to kill him as an afterthought
• consummated rape: the intent of the accused is important to determine his

criminal liability in case the victim is raped in the course of detentio
• special complex crime of kidnapping with rape: where the victim was
kidnapped not for the purpose of raping her and without lewd design but was
subsequently raped as an afterthough

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• attempted rape: there is no special complex crime of kidnapping with attempted

rape: it must always be in its consummated stag
• when the accused kidnapped the victim for the purpose of raping her, but he failed
to consummate the rape, the crime committed is forcible abduction since the
accused was motivated with lewd design when he abducted the victi
• two separate crimes of kidnapping and rape: where the victim was kidnapped
not for the purpose of raping her, but the accused subsequently attempted to rape
her as an afterthough
• principal by reason of implied conspiracy: demanding or receiving ransom

money indicates the commonality of purpose of his acts together with other, but if
the accused acquired knowledge of, and concurrence in the criminal resolution of
the abductor after the latter detained the victim, there is "no conspiracy"; he is
only liable as accomplic
• implied conspiracy: guarding the victim indicates implied conspirac

• accomplice: the accused was not guarding the victim, but she was merely having
conversation unrelated to kidnapping with the abductors; being present to the safe
house where the victim was detained, the accused supplied moral aid to the
abductors in an ef cacious wa
• in case of doubt, the accused shall be convicted as accomplice on the basis

of community of design and not as a principal basis of implied conspiracy: if
the accused was not guarding the victim, but he was merely caught in the house
where the victim is detained where rearms are available, he is only liable as an
accomplic
• implied conspiracy: accused assisted in bringing the victim to the basement

owned by them, and supplied food to hi
• RA No. 9372; Section 3-Terrorism: committing kidnapping and serious illegal

detention, which creates a condition of widespread and extraordinary fear and
panic among the populace in order to coerce the government to give in to an
unlawful deman
ARTICLE 268. Slight Illegal Detention. —

- The penalty of prisión mayor shall be imposed upon any private individual who shall
commit the crimes described in the next preceding article without the attendance of
any of the circumstances enumerated therein

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- The same penalty shall be incurred by anyone who shall furnish the place for the
perpetration of the crime
- If the offender shall voluntarily release the person so locked up or detained
within three days from the commencement of the detention, without having
attained the purpose intended, and before the institution of criminal
proceedings against him, the penalty shall be prisión correccional in its minimum
and medium periods and a ne not exceeding 500 pesos
• There are three kinds of illegal detention

1. kidnapping and serious illegal detention
2. detention illegal detention; an
3. unlawful detentio
Elements
1. that the offender is a private individual
2. that he kidnaps or detains another, or in any other manner deprives
him of his liberty
3. that the act of kidnapping or detention is illegal
4. that the crime is committed without the attendance of any of the
circumstances enumerated in Article 26
• unlawful arrest: if the purpose of the offender in detaining the person is delivering
him to proper authorities but there is no reasonable ground to make a citizen's arres
• no qualifying circumstance:
-
has not lasted more than 3 days
-
the victim is not a mino
-
the victim is not femal
-
not he is a public of ce
-
neither simulation of public authorit
-
not serious physical injuries
-
not threat to kil
• slight illegal detention: the detention lasted exactly for 3 day
• detained victim v. offender: if the detained victim is a public of cer, the
circumstance will qualify the crime into kidnapping and serious illegal detention, but
if the offender is a public of cer, it will not automatically qualify into kidnappin
• demand for ransom: duration of his detention becomes inconsequentia

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• ransom: no speci c form of ransom isn required to consummate the felony of

kidnapping for ransom as long as the ransom is intended as a bargaining chip in
exchange of the victim's freedom; amount and purpose of ransom is immaterial;
whether the ransom is actually paid to or received by the perpetrators in of no
momen
• recipient of ransom: liable for principal and not merely an accomplic

• voluntary release as an attenuating or a special mitigating circumstance: in
slight illegal detention, but not in kidnapping and serious illegal detentio
• kidnapping for ransom: voluntary release cannot be appreciated as a special

mitigating circumstance or an attenuating circumstanc
• kidnapped a minor: voluntary release in not a special mitigating circumstance;

minority quali ed the crime to "kidnapping and serious illegal detention
• implied conspiracy: providing a place for detentio
• illegal detention v. coercio
ILLEGAL DETENTION COERCION
crimes against liberty crimes against security
victim is deprived of liberty for an the victim is being compelled to do

appreciable length of time something against his will or prevent him
from doing something not prohibited by
law
• grave coercion: if the accused compelled the victim to execute an af davit of

desistance in connection with a rape case, and he used violence or intimidation as a
mode of compulsio
• kidnapping and serious illegal detention: if the accused compelled a female

victim, to execute an af davit of desistance in connection with a rape case, and used
deprivation for 2 days as a mode of compulsio
• kidnapping for ransom: if the accused also demanded reimbursement of litigation

expense in the amount of 10k in the rape cas
ARTICLE 269. Unlawful Arrest. —

upon any person who, in any case other than those authorized by law, or without
reasonable ground therefor, shall arrest or detain another for the purpose of
delivering him to the proper authorities

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Elements
1. that the offender arrests or detains another person
2. that the purpose of the offender is to deliver him to proper authorities
3. that the arrest or detention is not authorized by law or there is no
reasonable ground
illegal kidnapping slight illegal unlawful arrest arbitrary

detention and slight detention detention
illegal
detention
the offender the offender is the offender the offender is a the offender is a
is a private not arresting is not private individual p u b l i c o f c e r,
individual or the victim but arresting the or a public of cer who has authority
a public m e r e l y victim but who has no to make arrest or
of cer who depriving him m e r e l y authority to cause the arrest
has no of his liberty depriving him arrest or cause of a criminal
authority to of his liberty arrest if a suspect (the
arrest or criminal suspect offender is
cause arrest (the offender is arresting the
if a criminal arresting the victim)
suspect victim)
crime against unlawful arrest: is a crime against personal liberty the public
personal and security-a public of cer, who is not vested a u t h o r i t y, w h o
liberty and with the authority to detain or to order the has authority to
security detention of a person (stenographer, researcher make arrest,
or municipal treasurer), is not acting in behalf of detains the victim
the State in making warrantless arrest; such without legal
of cer is acting in his private capacity could not grounds in
violate the Constitution; hence, if he arrests or pursuit of his
detains a person not in accordance with said authority to arrest
criminal procedure rule, the crime committed is
"unlawful arrest"; the essence is the deprivation
of liberty of the victim
for arbitrary detention only: note: if a police of cer arrested a

person and threatened to elevate his case in court unless he
produces money, and as a consequence the arrestee involuntarily
gave money to the extortionist, the crime is robbery regardless
whether the arrest is lawful or unlawful

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illegal kidnapping slight illegal unlawful arrest arbitrary

detention and slight detention detention
illegal
detention
it is a crime against fundamental law of the land (the Constitution) a

public of cer, who is vested with the authority to detain or to order the
detention of a person accused of a crime, is acting in behalf of the
State in arresting or detaining a person; if such public of cer detained
a person in violation of his constitutional right against unreasonable
seizure
ARTICLE 270. Kidnapping and Failure to Return a Minor. — The penalty of reclusión
temporal shall be imposed upon
1. Anyone who shall kidnap a child under seven years for the purpose of
permanently separating said child from his parents or guardians or the
persons charged with his custody
2. Any person who, being entrusted with the custody of a minor person,
shall deliberately fail to restore the latter to his parents or guardians
Elements
1. that the offender is entrusted with the custody of a minor person
(whether over or under 7 years but less than 21 years of age
2. that he deliberately fails to restore the said minor to his parents or
guardian
• minority or femaleness: quali es the crime to kidnapping and serious illegal

detentio
• minority is not alleged in the information: the accused can only be prosecuted for
"slight illegal detention of the minor"
• illegal detention: if a father chained the leg of his minor child to a tree for
appreciable length of tim
• father is liable for serious illegal detention: if the detention lasted for more than 3
days, the father is still liable for serious illegal detention even though the victim is his
minor so
• failure to return a minor: it can be committed by a parent if the custody of the

minor is given by court to the other paren

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• failure to return a minor: B decided not to return C to his mother; instead, B took C
with him to the United States where he intended for them to reside permanentl
• no judicial order pertaining to his custody: the father who fails to return the child
to his mother is not liable for failure to return a minor since he is merely exercising
his parental authorit
• entrusting physical custody: to be held liable for failure to return a minor, the
parents or guardian must have entrusted the physical custody of the child or the
ward to the accuse
• kidnapping with serious illegal detention: accused cannot be convicted of failure

to return a minor for lack of allegation that the parents entrusted their child to the
accuse
• consummated: failure to return a minor had been fully consummated upon her
deliberate failure, by the accused to return the minor to his parents upon deman
ARTICLE 271. Inducing a Minor to Abandon his Home.

upon anyone who shall induce a person under age but over seven years to
abandon the home of his parents or guardians or the persons entrusted with
his custody
- If the person committing any of the crimes covered by the two preceding articles shall
be the father or the mother of the minor, the penalty shall be arresto menor or a ne
not exceeding 200 pesos, or both
Elements
1. that the minor is living in the home of his parents or guardians or the
person entrusted with his custody
2. that the offender induces said minor to abandon such hom
• the crime can be committed by any person or by the father or the mother of
the minor; note: that a parent can only commit this crime if the custody of the minor
is given by the court to the other paren
• not liable for inducing a minor to abandon his home: M, a 17 year old orphan
girl, has been living in the house of a couple A and B since she was a child and
regarded by the couple as their own child; C promised to marry her and induced her
to abandon his home; C is not liable for inducing a minor to abandon the home of his
parents or guardians or the persons entrusted with his custody A and B are not
persons legally entrusted with the custody of M
• TRAFFICKING IN PERSON FOR LABOR EXPLOITATIO

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• consent of the victim: consent of the victim is a defense in slavery,

exploitation of child labor, or services rendered under compulsion in payment of
debts under the Revised Penal Code; however, traf cking in person can be
committed with or without consent of the victi
SLAVER
ARTICLE 272. Slavery. —

- The penalty of prisión mayor and a ne of not exceeding 10,000 pesos shall be
imposed upon anyone who shall purchase, sell, kidnap or detain a human being
for the purpose of enslaving him
- If the crime be committed for the purpose of assigning the offended party to some
immoral traf c, the penalty shall be imposed in its maximum period
Elements
1. that the offender purchases, sells, kidnaps or detains a human being
2. that the purpose of the offender is to enslave such human bein
• RA NO. 9208: “Anti-Traf cking in Persons Act of 2003
• (d) Forced Labor and Slavery – refer to the extraction of work or services from any
person by means of enticement, violence, intimidation or threat, use of force or
coercion, including deprivation of freedom, abuse of authority or moral
ascendancy, debt-bondage or deception
ARTICLE 273. Exploitation of Child Labor. —

- The penalty of prisión correccional in its minimum and medium periods and a ne not
exceeding 500 pesos shall be imposed upon anyone who, under the pretext of
reimbursing himself of a debt incurred by an ascendant, guardian or person
entrusted with the custody of a minor, shall, against the latter’s will, retain him in
his service
Elements
1. that the offender retains a minor in his service
2. that it is against the will of the minor
3. that it is under the pretext of reimbursing himself of a debt incurred by
an ascendant, guardian, or person entrusted with the custody of such
mino
• EXPLOITATION OF CHILD LABOR: the creditor who resorts to forced labor of a

child under the pretext of reimbursing himself for the debt incurred by the child's
father commits the crime of exploitation of child labor, which is a form of slaver

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• double jeopardy: Juana cannot be prosecuted for exploitation of child labor and
traf cking in person because of the rule on double jeopard
ARTICLE 274. Services Rendered Under Compulsion in Payment of Debts.

- The penalty of arresto mayor in its maximum period to prisión correccional in its
minimum period shall be imposed upon any person who, in order to require or
enforce the payment of a debt, shall compel the debtor to work for him, against his
will, as household servant or farm laborer
Elements
1. that the offender compels an debtor to work for him, either as a
household servant or farm laborer
2. that it is against the debtor's will
3. that the purpose is to require or enforce the payment of a debt
ARTICLE 275. Abandonment of Persons in Danger and Abandonment of One’s

Own Victim. —
The penalty of arresto mayor shall be imposed upon
1. Anyone who shall fail to render assistance to any person whom he shall
nd in an uninhabited place wounded or in danger of dying, when he
can render such assistance without detriment to himself, unless such
omission shall constitute a more serious offense
2. Anyone who shall fail to help or render assistance to another whom he

has accidentally wounded or injured
3. Anyone who, having found an abandoned child under seven years of age,
shall fail to deliver said child to the authorities or to his family, or shall fail
to take him to a safe place

1. by failing to render assistance to any person whom the offender nds
in an uninhabited place wounded or in danger of dying when he can
render such assistance without detriment to himself, unless such
omission shall constitute a more serious offense
A. the place is not inhabited
B. the accused found there a person wounded or in danger or
dying

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C. the accused can render assistance without detriment to

himself
D. the accused fails to render the assistanc
2. by failing to help or render assistance to another whom the offender
has accidentally wounded or injured
3. by failing to deliver a child, under 7 years of age whom the offender
has found abandoned, to the authorities or his family, or by failing to
take him in a safe plac
abandonment and reckless imprudence: there is no double jeopard
reckless imprudence abandonment of injured victim
is a quasi-offense crime against national security
committed by means of culpa committed by means of dolo
failure to lend help to one's victim under failure to help or render assistance to
Article 365 is neither an offense by itself another whom he has accidentally
nor an element of the offense therein wounded or injured is an offense under
penalized; its presence merely increases Article 275
the penalty by one degree; such being
the case, it must be speci cally alleged in
the information
ARTICLE 276. Abandoning a Minor. —

upon anyone who shall abandon a child under seven years of age, the custody of
which is incumbent upon him
- When the death of the minor shall result from such abandonment, the culprit shall be
punished by prisión correccional in its medium and maximum periods; but if the life of
the minor shall have been in danger only, the penalty shall be prisión correccional in
its minimum and medium periods
- The provisions contained in the two preceding paragraphs shall not prevent the
imposition of the penalty provided for the act committed, when the same shall
constitute a more serious offense
Elements
1. that the offender has the custody of the child

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2. that the child is under 7 years of age

3. that he abandons such child
4. that he has no intent to kill the child when the latter is aba\ndone
• murder or parricide: if the abandonment of the child was intentionally made to kill
hi
• Child Abuse: Sections 10 (b) in relation to Section 3 of RA No. 7610: includes

failure to immediately give medical treatment to an injured child resulting in serious
impairment to an injured child resulting in serious impairment of his growth and
development or in his permanent incapacity or death or unreasonable deprivation
of his basic needs for survival, such as food and shelte
ARTICLE 277. Abandonment of Minor by Person Entrusted with his Custody;

Indifference of Parents. —
upon anyone who, having charge of the rearing or education of a minor, shall
deliver said minor to a public institution or other persons, without the consent of
the one who entrusted such child to his care or in the absence of the latter, without
the consent of the proper authorities
- The same penalty shall be imposed upon the parents who shall neglect their
children by not giving them the education which their station in life require and
nancial condition permit

1. by delivering a minor to a public institution or other persons without the
consent of the one who entrusted such minor to the care of the
offender or, in the absence of that one, without the consent of the
proper authorities
2. by neglecting (offender's) children by not giving them education which
their station in life requires and nancial condition permits
Elements of abandonment of minor by one charged with the rearing or education

of said mino
A. that the offender has charge of the rearing or education of a mino
B. that he delivers said minor to a public institution or other persons
C. that the one who entrusted such child to the offender has not
consented to such act; or if the one who entrusted such child to the
offender is absent, the proper authorities have not consented to i

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Elements of indifference of parents

1. that the offender is a parent
2. that he neglects his children by not giving him education
3. that his station in life requires such education and his nancial
condition permits it
• if the offender delivers the child to another person for a consideration, the crime
committed is child traf cking under Article 7 of R.A. No. 761
ARTICLE 347. Simulation of Births, Substitution of One Child for Another and
Concealment or Abandonment of a Legitimate Child. —
- The simulation of births and the substitution of one child for another shall be punished
by prisión mayor and a ne of not exceeding 1,000 pesos
- The same penalties shall be imposed upon any person who shall conceal or
abandon any legitimate child with intent to cause such child to loose its civil
status
- Any physician or surgeon or public of cer who, in violation of the duties of his
profession or of ce, shall cooperate in the execution of any of the crimes mentioned
in the two next preceding paragraphs, shall suffer the penalties therein prescribed
and also the penalty of temporary special disquali cation
• the practice of abandoning new-born infants and very young children at the door of
hospitals, churches, and other religious institutions were formerly so well known in
Spai
• child traf cking under Section 7 of RA No. 7610: selling his son to a couple for
monetary consideration is not constitutive of the crime of abandonment of a
legitimate chil
• PD 603: can only be committed by parents, guardian, and head of the institution, or
foster home which has custody of the child, on the other hand, concealment or
abandonment under the Revised Penal Code can be committed by any perso
• not included under RA No. 7610: one who abandons or conceals a child to lose its
civil status can only be prosecuted under PD No. 603 or Revised Penal Cod
• child abuse: includes abandoning the child by his parent under such circumstances
as to deprive of the love, care, and protection he need
• indifference of parents under Article 277; par (2): this crime is now punishable
under Article 59 of Presidential Decree No. 603, which prescribes graver penalty;
since parental indifference is also covered under the RPC, it is excluded from the
coverage of R.A. No. 7610; hence, the accused should be charged with parental

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indifference under the RPC in relation to PD 603 and not child abuse under RA No.
761
ARTICLE 278. Exploitation of Minors. —

exceeding 500 pesos shall be imposed upon
1. Any person who shall cause any boy or girl under sixteen years of age to
perform any dangerous feat of balancing, physical strength or contortion
2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or
circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds
of children under sixteen years of age who are not his children or descendants
3. Any person engaged in any of the callings enumerated in the next preceding
paragraph who shall employ any descendant of his under twelve years of age in
such dangerous exhibitions.
4. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of
a child under sixteen years of age, who shall deliver such child gratuitously to any
person following any of the callings enumerated in paragraph 2 hereof, or to any
habitual vagrant or beggar
- If the delivery shall have been made in consideration of any price, compensation, or
promise, the penalty shall in every case be imposed in its maximum period
- In either case, the guardian or curator convicted shall also be removed from of ce as
guardian or curator; and in the case of the parents of the child, they may be deprived,
temporarily or perpetually, in the discretion of the court, of their parental authority
5. Any person who shall induce any child under sixteen years of age to abandon the
home of its ascendants, guardians, curators or teachers to follow any person
engaged in any of the callings mentioned in paragraph 2 hereof, or to accompany
any habitual vagrant or beggar
• dangerous performer: is one who performs any dangerous feat of balancing,

physical strength or contortion such as an acrobat, gymnast, rope-walker, diver, wild
animal tamer or circus manage
• in exploitation of minor: the guardian or curator convicted shall be removed from

of ce as guardian, or curator; and the parents of the child may be deprived,
temporarily or perpetually, in the discretion of the court, of their personal authori

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inducing a minor to abandon his home exploitation of minor
is committed by any person who induces if the purpose of inducement is for the
a minor to abandon his home of the child to follow a dangerous performer, or
parents or guardians of the parents to accompany a habitual vagrant or
entrusted with his custody beggar
the crime can be committed by a parent if

custody of the minor is given to the other
parent by judicial order; however, the
penalty is lesser
child traf cking under Section 7 of RA quali ed traf cking in person under
No. 7610 Section 4 in relation to Section 6 of RA
No. 9208
any person who delivers a child for a if the purpose of the delivery of the child
consideration to dangerous performer, is labor exploitation
habitual vagrant, beggar, or to any other
person
Section 10 of R.A No. 7610 in relation to Article 59 of P.D. No. 603; child abuse
committed by parent includes
1. causing or encouraging the child to lead an immoral or dissolute life
2. permitting the child to possess, handle or carry a deadly weapon, regardless
of its ownership; an
3. allowing or requiring the child to drive without a license or with a license
which the parent knows to have been illegally procured
TRESPASS TO DWELLIN
ARTICLE 280. Quali ed Trespass to Dwelling. —
- Any private person who shall enter the dwelling of another against the latter’s
will, shall be punished by arresto mayor and a ne not exceeding 1,000 pesos

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- If the offense be committed by means of violence or intimidation, the penalty shall

be prisión correccional in its medium and maximum periods and a ne not exceeding
1,000 pesos. (quali ed)
- The provisions of this article shall not be applicable to any person who shall enter
another’s dwelling for the purpose of preventing some serious harm to himself,
the occupants of the dwelling or a third person, nor shall it be applicable to any
person who shall enter a dwelling for the purpose of rendering some service to
humanity or justice, nor to anyone who shall enter cafés, taverns, inns and
other public houses, while the same are open. (absolutory cause
Elements
1. that the offender is a private person
2. that he enters the dwelling of another
3. that such entrance is against the latter's wil
Qualifying circumstance
- if the offense is committed by means of violence or intimidation
violation of domicile trespass to dwelling
committed by a public of cer committed by a private individual
committed by entering a dwelling is is committed by entering the dwelling

committed by entering the dwelling against the will of the owner
against the will of the owner thereof,
searches papers or other effects found
therein without the previous consent of
such owner, or surreptitiously enters it,
refuses to leave after being required to
do so
nighttime and failure to return any papers violence or intimidation quali es trespass
or effects not constituting evidence of a to dwelling
crime quali es violation of domicile
ARTICLE 281. Other Forms of Trespass. —

imposed upon any person who shall enter the closed premises or the fenced estate
of another, while either of them are uninhabited, if the prohibition to enter be manifest
and the trespasser has not secured the permission of the owner or the caretaker
thereof

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Elements
1. that the offender enters the enclosed the premises or the fenced
estate of another
2. that the entrance is made while either of them is uninhabited
3. that the prohibition to enter be manifest
4. that the trespasser has not secured the permission of the owner or the
caretaker thereo
trespass to dwelling trespassing
can only be committed by a private can be committed by any person

person
the private person enters the dwelling of the person enters an uninhabited closed
another premises or fenced estate
the entry was made against the will of the entry is made without permission of
the owner of in disregard on an the owner or the caretaker thereof in
express or implied prohibition disregard of the manifest prohibition to
enter
the circumstance of by means of violence no qualifying circumstance

or intimidation quali es the crime
ARTICLE 282. Grave Threats. —

- Any person who shall threaten another with the in iction upon the person, honor
or property of the latter or of his family of any wrong amounting to a crime,
shall suffer
1. The penalty next lower in degree than that prescribed by law for the crime he
threatened to commit, if the offender shall have made the threat demanding
money or imposing any other condition, even though not unlawful, and said
offender shall have attained his purpose. If the offender shall not have attained
his purpose, the penalty lower by two degrees shall be imposed
- If the threat be made in writing or through a middleman, the penalty shall be

imposed in its maximum period
2. The penalty of arresto mayor and a ne not exceeding 500 pesos, if the threat shall
not have been made subject to a condition
acts punishable as grave threats

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1. by threatening another with the in iction upon his person, honor or

property or that of his family of any wrong amounting to a crime and
demanding money or imposing any other condition, even though not
unlawful, and the offender attained his purpose
2. by making such threat without the offender attaining his purpose
3. by threatening another with the in iction upon his person, honor, or
property or that of his family of any wrong amounting to a crime, the
threat not being subject to a conditio
ARTICLE 283. Light Threats. —
- A threat to commit a wrong not constituting a crime, made in the manner
expressed in subdivision 1 of the next preceding article, shall be punished by arresto
mayor
grave threat light threat
the wrong threatened to be committed by the wrong threatened to be committed by

the offender constitutes a crime involving the offender does nor constitute a crime
an in iction upon the person, honor or
property of the latter or his family
can be committed with or without must be committed for purpose if demand

imposing condition or for the purpose of for money or imposition of condition
demand for money or imposition of
condition
blackmail not only includes light threat

but also robbery and threat to publish
libel
• de nition of blackmail: blackmail may be de ned as any unlawful extortion of

money by an appeal to the fears of the victim, especially extortion of money by
threats of accusation or exposure. The gravamen of the offense is the intent to extort
money or other thing of value
• threat to publish: blackmail includes the extortion of money from a person by

threats of accusation or exposure in the public prints. This constitutes the crime
of threatening to publish, or offering to prevent the publication of libel for
compensation under Article 365 (ARTICLE 356. Threatening to Publish and
Offer to Prevent Such Publication for a Compensation. — The penalty of
arresto mayor or a ne of from 200 to 2,000 pesos, or both, shall be imposed
upon any person who threatens another to publish a libel concerning him or the
parents, spouse, child, or other members of the family of the latter, or upon

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anyone who shall offer to prevent the publication of such libel for a compensation
or money consideration.)
• threatened to publish in a weekly periodical certain love letters written by a

married lady addressed to a person, who is not her husband, unless she paid 4k
• light threat; blackmail: in blackmail, money may be extorted by threats or

something valuable obtained from a person as a condition of refraining from
making an accusation against him or disclosing some secret calculated to
operate to his prejudic
• if the offender threatens to expose the love letters written by a married lady
addressed to a person to her husband unless she pays 4k to him, the crime
committed is light threa
• one, who wrote a letter demanding 1k; otherwise, disbarment complaint

will be led against a lawyer can be prosecuted for the crime of: other
light threat; while one who wrote a letter demanding to pay the obligation
covered a bum check; otherwise, disbarment complaint will be led against a
lawyer, is not liable for other light threa
• threat made by the accused, that they would report the offended party to the
BIR for tax evasion did not constitute a crime, the crime committed by them
when they made the threat demanding money was only "light threats; while
threat made by BIR of cer that he would le a tax evasion case unless the
offended party pay his tax obligation is "not light threat
• robbery by means of intimidation: blackmail includes the extortion of money from

a person by threa
• robbery: grease money:by using her position as an of cer of the DENR, accused
succeeded in coercing the complainant to choose between 2 alternatives: 1-to part
with their money, or 2-suffer the burden and humiliation of prosecution and
con scation of the log
• 2 maids led against a retiree for rape and acts of lasciviousness; the
investigator in conspiracy with the maids is regularly demanding and
obtaining money from the retiree under threat of being prosecuted xxx: the
investigator and the maids shall be liable for robbery of it's immediate or threat, if the
intimidation is conditional (note: the commission of rape and acts of lasciviousness
by the retiree against the maids will not exclude the commission of robbery or threat
by the investigator and the maids against the retiree; these crimes can co-exist
ARTICLE 285. Other Light Threats. — The penalty of arresto menor in its minimum
period or a ne not exceeding 200 pesos shall be imposed upon
1. Any person who, without being included in the provisions of the next preceding
article, shall threaten another with a weapon, or draw such weapon in a

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quarrel, unless it be in lawful self-defense. (1st form: without demanding

money or imposing a condition
2. Any person who, in the heat of anger, shall orally threaten another with
some harm not constituting a crime, and who by subsequent acts shows that
he did not persist in the idea involved in his threat, provided that the
circumstances of the offense shall not bring it within the provisions of article 282
of this Code
3. Any person who shall orally threaten to do another any harm not
constituting a felony
• other light threat (1st form): if the offender threatened another with a weapon, or
drew such weapon in a quarrel without demanding money or imposing a conditio
• robbery: if the offender threatened the victim with a weapon and demanded money
from hi
• coercion: if the offender threatened the victim with a weapon and imposed a
condition (e.g. dancing
• justi ed: if the offender threatened the victim with a weapon in lawful self-defens
• other light threat (2nd form): Any person who, in the heat of anger, shall orally
threaten another with some harm not constituting a crime, and who by
subsequent acts shows that he did not persist in the idea involved in his threat
• must be committed without demand for money or imposition of a condition

• robbery or coercion: if the threat is made with demand for money or imposition
of a condition; regardless whether or not the crime was committed in the heat of
the momen
• other light threat (3rd form): any person who shall orally threaten to do another
any harm not constituting a felon
• difference: grave threat, light threat, and other light threats (2nd and 3rd form
grave threat light threat other light threats (2nd

and 3rd form)
can be committed verbally can be committed verbally must be made verbally

or in writing or in writing

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grave threat light threat other light threats (2nd

and 3rd form)
can be committed with or must be committed with must be committed without

without demand for money demand for money or d e m a n d i n g m o n e y o r
or imposition of condition imposition of a condition imposing a condition
t h e h a r m o r w r o n g the wrong threatened to be t h e h a r m o r w r o n g

committed must constitute committed by the offender t h r e a t e n e d d o e s n o t
a crime does not constitute a crime constitute a crime
the threat to commit a commission thereof in the double check: 2nd form:
crime is not made in the heat of anger is immaterial threat to commit a crime
heat of anger and such as threat to kill is
subsequent acts show that made in the heat of anger
offender persisted in the and subsequent acts show
idea involved in his threat that the offender sis not
in order to create in the persist in the idea involved
mind of the victim a sense in this threa
of danger 3rd form: commission
thereof in the heat of
anger is immaterial
• analysis: a wrote a letter threatening to expose the love letter of B to her husban
1. grave threat is not committed: since the wrong threatened to be committed
does not constitute a crime
2. light threat is not committed: since there is no demand for money or
imposition of conditio
3. other light threat (3rd form)is not committed: since threat was not made
verball
• the crime committed is unjust vexatio
ARTICLE 286. Grave Coercions. —
upon any person who, without authority of law, shall, by means of violence, prevent
another from doing something not prohibited by law, or compel him to do
something against his will, whether it be right or wrong
-

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- If the coercion be committed for the purpose of compelling another to perform any
religious act or to prevent him from so doing, the penalty next higher in degree
shall be imposed. (quali ed
2 ways of committing grave coercions
1. by preventing another, by means of violence, threat, intimidation, from

doing something not prohibited by law
2. by compelling another, by means of violence, threats or intimidation,
from doing something against his will, whether it be right or wrong
Elements of grave coercion
1. that a person prevented another from doing something not prohibited
by law, or that he compelled him to do something against his will, be it
right or wrong
2. that the prevention or compulsion be effected by violence, threats, or
intimidation; o
3. that the person that restrained the will and liberty of another had not
the authority of law or the right to do so, in other words, that the
restraint shall be made under authority of law or in the exercise of any
lawful right
• grave coercion: before the expiration of the lease contract, armed elements of the
lessor took over the leased premises and forced 2 building custodians to leave
following which the gates were welded; immaterial whether the lessee is indebted to
the lessor; he who believes that he has an action or a right to deprive another of the
holding of a thing must invoke the aid of the competent court if the holder refuse to
deliver the thin

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robbery coercion grave threat
criminal act the criminal act is the criminal act is the criminal act is
taking of personal compelling another threatening a
property without to do something person with
consent of its against his will or in iction of wrong
owner preventing another amounting to a
from doing crime to demand
something not money or to
prohibited by law impose condition or
merely for the sake
of creating fear of
being harm in the
mind of the victim
without imposing
any condition
intimidation the intimidation is the intimidation is the intimidation is

actual or immediate actual or immediate c o n d i t i o n a l o r
future
i n t i m i d a t i o n i s i n t i m i d a t i o n i s the intimidation is
personal personal not necessarily
personal because it
may be caused by
an intermediary;
h o w e v e r, if t h e
threat is made
without demand
or condition, it is
grave threat even
if the intimidation
is actual or
immediate rather
than conditional
or future
• not robbery: an act of a man, who had fought bitterly for his title of his ancestral
estate by taking the law into his own hands and attempting to collect what is due to
hi
• grave coercion: taking the law into one's own hand; Isagani lost his gold necklace
bearing his initials; he saw Roy wearing the said necklace; Isagani asked Roy to
return to him the necklace as it belongs to him, but Roy refused; Isagani then drew

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his gun and told Roy, "If you will not give back the necklace to me, I will kill
you!
• grave coercion; not robbery because the taking was with the owner's consent:
for consideration promised by B, C agreed to recover the bicycle stolen by A. C, by
means of violence and intimidation forcibly took the bicycle from A. B then paid C the
agreed amount- C is only liable for grave coercion by taking the law into his
own hand
• grave threat and robbery:

• robbery-A, B, and C, armed with guns, went to see Pedro and demanded
100k; when Pedro refused, A pointed his gun at him while B hit him with the
butt of his gun
• grave threat: D and E wrote Orlando, a letter asking 50k and threatening to kill
his son and wife should he fail to give the amount; he gave the money when
D called him that day-intimidation is future or conditiona
• grave threat and grave coercion

• grave threat and grave coercion: if the act desired was not immediately
consummated, it would be a grave threat; if the desired purpose was
correspondingly achieved, it is grave coercio
• grave threat: the intimidation is future or unconditional: accused sent a

letter to his tenant, who is not paying rentals, demanding to vacate his rented
apartment; otherwise, he will kill her so
• coercion: a group of picketers threatened the driver not to proceed, otherwise

he would be hurt, notwithstanding that the driver told them that the truck did not
belong to him; as a result of the threat, the truck remained in the premises for 2
days (the threat was actual and immediate; at that very moment
• grave threat; made without demand or condition, intimidation is actual or

immediate rather than conditional or future: the accused shouted
repeatedly, "Agustin, putang ina mo. Agustin, mawawala ka. Agustin
lumabas ka, papatayin kita."- although the crime is immediate and personal,
the crime committed is grave threat because it creates fear of being harmed in
the mind of the victi
ARTICLE 287. Light Coercions. —
- Any person who, by means of violence, shall seize anything belonging to his
debtor for the purpose of applying the same to the payment of the debt, shall
suffer the penalty of arresto mayor in its minimum period and a ne equivalent to the
value of the thing, but in no case less than 75 pesos

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- Any other coercions or unjust vexations shall be punished by arresto menor or a

ne ranging from 5 to 200 pesos, or both
Elements
1. that the offender must be a creditor
2. that he seizes anything belonging to his debtor
3. that the seizure of the thing be accomplished by means of violence or
a display of material force producing intimidation
4. that the purpose of the offender is to apply the same to the payment of
the deb
• light coercion: the accused employed physical violence when he forcibly removed
the goods from the store of his debto
• light coercion is similar to exploitation of child labor or services rendered

under compulsion in payment of debt: in the sense that these crimes are
committed by creditors who collect the amount due to debtors by force or unlawful
means
• unjust vexation/without violence, threat or intimidation: a person who prevents

another from doing something against his will, whether it be right or wron
• vague/cannot be interpreted as an intimidation or threat: "Do not open it or

else something may happen to you.": when the lessee refused to pay her rental,
the lessor nailed some wooden barricades on one of the sides of the market stall
and posted a warnin
• if there is no violence: unjust vexation is committed than light coercion: is one

seizes anything belonging to his debtor (through deceit) for the purpose of applying
the same to the payment of the debt without violenc
• unjust vexation: an act that caused annoyance, irritation, torment, distress, or

disturbance to the mind of the person to whom it was directed; even if the element of
compulsion and restraint is not presen
• unjust vexation even if the element of compulsion and restraint is not present:
cutting of the electric, water, and telephone lines of complainant's business
establishment because these lines crossed his property line without court order
constitutes unjust vexatio
• squatting has already been decriminalized (RA No. 8368

• must be without court order: to enforce the principle that no person may take the
law into his hands and that our government is one of law, not of men; it is unlawful
for any person to take into his own hands the administration of justic

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• not necessary that the offended party is present: it is enough that she was
embarrassed, annoyed, irritated or disturbed when she learned of acts of accused in
reopening the stall and effecting the transportation of the goods therein to the police
statio
• good faith is a defense: good faith is a good defense since unjust vexation, being a
felony by dolo, malice is an inherent element of the crime; good faith negates malice
ARTICLE 288. Other Similar Coercions — (Compulsory Purchase of Merchandise

and Payment of Wages by Means of Tokens). —
- The penalty of arresto mayor or a ne ranging from 200 to 500 pesos, or both, shall
be imposed upon any person, agent or of cer of any association or corporation
who shall force or compel, directly or indirectly, or shall knowingly permit any laborer
or employee employed by him or by such rm or corporation to be forced or
compelled, to purchase merchandise or commodities of any kind
- The same penalties shall be imposed upon any person who shall pay the wages due
a laborer or employee employed by him, by means of tokens or objects other than
the legal tender currency of the Philippine Islands, unless expressly requested by
the laborer or employee
Acts punished as other similar coercions

1. by forcing or compelling directly or indirectly, or knowingly permitting
the forcing or compelling of the laborer or employee of the offender to
purchase merchandise or commodities of any kind from him;
2. by paying the wages due his laborer or employee by means of tokens
or objects other than the legal tender currency of the Philippines,
unless expressly requested by such laborer or employee
Elements of No. 1
1. that the offender is any person, agent or of cer of any association or
corporation
2. that he or such rm or corporation has employed laborers or
employees
3. that he forces or compels, directly or indirectly, or knowingly permits to
be forced or compelled, any or his or its laborer or employees to
purchase merchandise or commodities of any kind from him or from
the said rm or corporatio
Elements of No. 2
1. that the offender pays the wages due a laborer or employee employed
by him by means of token or objects

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2. that those tokens or objects are other than the legal tender currency of
the Philippines
3. that such employee or laborer does not expressly request that he be
paid by means of tokens or object
• not coercion or threat under the Revised Penal Code: inducing an employee to
give up any part of his wages by force, stealth, intimidation, threat or by any other
means is unlawful under Article 116 of the Labor Cod
ARTICLE 289. Formation, Maintenance and Prohibition of Combination of Capital

or Labor Through Violence or Threats. —
upon any person who, for the purpose of organizing, maintaining or preventing
coalitions of capital or labor, strike of laborers or lock-out of employees, shall employ
violence or threats in such a degree as to compel or force the laborers or
employers in the free and legal exercise of their industry or work, if the act shall
not constitute a more serious offense in accordance with the provisions of this Code
Elements
1. that the offender employs violence or threats, in such degree as to
compel or force the laborer or employers in the free and legal exercise
of their industry or work
2. that the purpose is to organize, maintain, or prevent coalitions of
capital or labor, strike of laborer or lockout of employer
• employing violence or making threat by picketers may make them liable for
coercion: the acts of the picketers in stopping the truck emerging from the
company's premises, their refusal to allow its driver to proceed peacefully on his
way, their voiced threat that if he would go on his way he would be hurt; even if the
truck does not belong to the compan
Discovery and Revelation of Secret
ARTICLE 290. Discovering Secrets Through Seizure of Correspondence. —

exceeding 500 pesos shall be imposed upon any private individual who in order to
discover secrets of another, shall seize his papers or letters and reveal the
contents thereof
- If the offender shall not reveal such secrets, the penalty shall be arresto mayor and a
ne not exceeding 500 pesos

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- Exception: This provision shall not be applicable to parents, guardians, or

persons entrusted with the custody of minors with respect to the papers or
letters of the children or minors placed under their care or custody, nor to
spouses with respect to the papers or letters of either of them
Elements
1. that the offender is a private individual or even a public of cer not in
the exercise of his of cial function
2. that he seizes the papers or letter of another
3. that the purpose is to discover the secrets of such another person
4. that the offender is informed of the contents of the papers or letters
seized
• the purpose of the offender must be to discover the secrets of another: before
opening a closed paper, the accused must be dictated by the desire to discover
secrets; since the accused opened the cablegram by mistake, he could not have
possibly seized it for the purpose if discovering a secre
• the offender must be informed of contents of papers or letters: requires that the
act of the seizure be impelled by a desire to discover the secrets of another and
that the accused is informed of the contents of the papers and letter
• Article 230: the public of cer comes to know the secrets of any private individual by
reason of his of ce; it is not necessary that the secrets are contained in papers or
letters; the public of cer reveals such secrets without justi able reasons
• Article 290: the offender who is a private individual seizes the papers or letters of
another to discover the secrets of the latter; it is not necessary that there be a
secret discovered, it is not necessary that it be revealed
ARTICLE 291. Revealing Secrets With Abuse of Of ce. — The penalty of arresto
mayor and a ne not exceeding 500 pesos shall be imposed upon any manager,
employee, or servant who, in such capacity, shall learn the secrets of his principal
or master and shall reveal such secrets. (M.E.S
Elements
1. that the offender is a manager, employee or servant
2. that he learns the secrets of his principal or master in such capacity
3. that he reveals such secrets
notes:
• the secrets must be learned by reason of their employment;
• that the secrets must be revealed by the offender- it makes no difference that a
secret was communicated by principal or master to the employee or servant;

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• damage is not necessary
ARTICLE 292. Revelation of Industrial Secrets. —

exceeding 500 pesos shall be imposed upon the person in charge, employee or
workman of any manufacturing or industrial establishment who, to the prejudice
of the owner thereof, shall reveal the secrets of the industry of the latter. (P.E.W.
Elements
1. that the offender is a person in charge, employee or workman of a
manufacturing or industrial establishment
2. that the manufacturing or industrial establishment has a secret of his
industry which the offender has learned
3. that the offender reveals such secret
4. the prejudice is caused to the owne
• if the person in charge, employee or workman of a manufacturing or industrial

establishment used the secret if the industry for his won bene t, without revealing it
to others, he is not liable under this Article
CRIMES AGAINST PROPERT
ARTICLE 293. Who are Guilty of Robbery. —

- Any person who, with intent to gain, shall take any personal property belonging to
another, by means of violence against or intimidation of any person, or using force
upon anything, shall be guilty of robbery
robbery, de ned: robbery is the taking of personal property belonging to another, with
intent to gain, by means of violence against, or intimidation of any person, or using force
upon anything
classi cation of robbery

1. robbery with violence against, or intimidation of person
2. robbery by the use of force upon thing
elements of robbery in general

1. that there be (1) personal property; (2) belonging to another
2. that there is (3) unlawful taking of that property
3. that the taking must be (4) with intent to gain; an

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4. that there is (5) violence against or intimidation of any person, or force

upon anythin
SECTION ON
Robbery with Violence Against or Intimidation of Person
ARTICLE 294. Robbery with Violence Against or Intimidation of Persons —

Penalties. —
- Any person guilty of robbery with the use of violence against or intimidation of any
person shall suffer
1. The penalty of reclusión perpetua to death, when by reason or on occasion of

the robbery, the crime of homicide shall have been committed
2. The penalty of reclusión temporal in its medium period to reclusión perpetua,

when the robbery shall have been accompanied by rape or intentional mutilation,
or if by reason or on occasion of such robbery, any of the physical injuries
penalized in subdivision 1 of article 263 shall have been in icted, or the person
robbed shall have been held for ransom or deprived of his liberty for more than
one day
3. The penalty of reclusión temporal, when by reason or on occasion of the robbery,

any of the physical injuries penalized in subdivision 2 of the article mentioned in
the next preceding paragraph, shall have been in icted
4. The penalty of prisión mayor in its medium period to reclusión temporal in its
medium period, if the violence or intimidation employed in the commission of the
robbery shall have been carried to a degree clearly unnecessary for the
commission of the crime, or when in the course of its execution, the offender
shall have in icted upon any person not responsible for its commission any of
the physical injuries covered by subdivisions 3 and 4 of said Article 263
5. The penalty of prisión correccional to prisión mayor in its medium period in other
cases
• robbery with violence or intimidation: threat, slight physical injuries, less serious
physical injuries is absorbed in robber
• separate crime of murder and theft: primary criminal intent is killing the victim:
considering that the victim was already heavily wounded when his personal property
were taken, there was no need to employ violence against or intimidation upon his
perso
• robbery with intimidation of persons: it must create fear in the mind of a person
in view of a risk or injury that may be impending, real or imagined

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• threat of prosecution and con scation of the logs by DENR of cers is an

intimidation within the meaning of robber
• 2 police of cers demanded 500 from a Chinese who allegedly violated the
Opium law, accompanied by threats to take him before the proper
authorities and have him prosecuted, and for fear fo being prosecuted for a
long term, the Chinese negotiated the amount of 15
• consummated: the crime is consummated when the robbers acquire

possession of the property, even for a short period of time, and it is not
necessary that the property be taken into his the hands of the robbers, or that
he should have actually carried the property away, out of the physical presence of
the lawful possessor, or that he should have made his escape with it
• in this case, the robbers accused constructive possession of the money

when the cashier place it in front of the counte
• no frustrated stag
• from the moment the offenders gained possession of the thing, even if the
culprits had no opportunity to dispose of the same, the unlawful taking is
complete: the accused took the properties from the victims by violence and
intimidation but failed to bring them out from lumber compound since they were
apprehended by police authoritie
• attempted stage: accused entered the house, and employed violence against the
occupant thereof, but failed to open the trunk containing the mone
• attempted robbery with homicide: accused broke the lock of the safe where the
money is kept; they were compelled to desist to take the money because the victim
re in the air; they killed the victi
• victim refused to give his money to the accused and no personal property was
shown to have been taken; it was for this reason that the victim was sho
• accused through overt acts of pulling and grabbing something from the victim
had demonstrated his intention of carrying out the robbery; failed to
consummate because the victim resisted, so he killed the victi
• trespass to dwelling: taking the law into his own hands, broke into house of B
by destroying the wall and taking the painting; grave coercion if he used
violence or intimidation in taking his own property from
• no criminal liability: if A did not use violence or intimidation or force upon thing
in taking the property from
• animus lucrandi or intent to gain: actual gain is immateria

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• "actus non facit reum, nisi mens sit rea": one who takes the property openly and
avowedly under claim of title offered in good faith is not guilty of robbery even though
the claim of ownership is untenabl
• grave coercion: A entered the house of B and then took and seized the personal
property by compulsion from B with the use of violence, believing himself to be the
owner of the personal property so seize
• Homicide is said to have been committed by reason or on the occasion of
robbery if, for instance, it was committed
1. facilitate the robbery or the escape of the culprit
2. to preserve the possession by the culprit of the loot
3. to prevent discovery of the commission of the robbery; o
4. to eliminate witnesses in the commission of the crim
ROBBERY V. KIDNAPPING AND ARBITRARY DETENTION
robbery kidnapping and arbitrary detention
arresting a person even without probable if the police of cer arrested the victim without
cause is arbitrary detention; can only be probable cause for the purpose of extorting
committed by public of cer in pursuit of their money with special aggravating circumstance
duty to arrest for the purpose of investigation of taking advantage of public position
• robbery absorbed illegal detention: illegal detentions incidental to the commission

of robbery if the deprivation of liberty arose from the transportation of the victim to the
place where the victims will be robbe
• illegal detention is incidental to the commission of robbery if the deprivation of
liberty is made to prevent the police authorities from arresting the accused
committing the robbery: accused committed robbery inside a factory; before they
could leave the premises after the commission of the robbery, the police authorities
were already at the crime scene, since they cannot escape, they detained the victi
• complex crime of robbery through kidnapping and serious illegal detention: if
the accused committed the robbery, but thereafter, they detained the victims for
several hours to demand additional money, and later forestall their capture by the
police-deliberate means of extortion for an additional amoun
• separate crimes of robbery and kidnapping: accused committed robbery by band,
but thereafter detained the victims in another place for the purpose of demanding
ranso

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• theft and complex crime of kidnapping with frustrated murder: if the victim was
abducted for the purpose of killing her and in the course of the detention, the accused
took her cash and pieces of jewelry, and thereafter in icted mortal wound upon the
victim, who did not die as a consequenc
• deprivation of liberty of criminal suspect; robbery or kidnapping for ransom
depending upon on whether the detention is lawful or not: blocked the car of the
victim, who is an alleged drug pusher, then demand for ransom on his wif
• the apprehension of the kidnapped victim for sale of dangerous drugs does not
automatically negate the criminal liability of accused for "kidnapping for ransom
• kidnapping for ransom: the victim entered a one-way street so he was apprehended
by the police of cers; however, after 2 days of being detained, he was brought to a
private house and demanded ransom: kidnapping can only be committed by a private
person however, the public of cer who detained a person for the purpose of extorting
ransom, cannot be said to be acting in his of cial capacit
• not arbitrary detention: since he is not committing the crime in pursuit of his
of cial dut
• not robbery: used the mode of deprivation rather than violence and intimidatio
• there must be unlawful detention: the deprivation of liberty is unlawful if the
criminal suspect was unlawfully arrested for the purpose of extortion, or he was
committing a crime but the arresting of cer instead of booking him as a detention
prisoner brought him to a safe house for the purpose of extortio
• lawful detention: if the deprivation of liberty is lawful since victim was lawfully
arrested since victim was lawfully arrested and booked as a detention prisoner in
accordance with the rule, the police of ce, who extorted money from him is liable for
robbery; cannot be the source of kidnapping for ranso
• threat to arrest (commission or non-commission of a crime); robbery with
special aggravating circumstance of taking advantage of public position: threat
to arrest is an intimidation within the contemplation of robbery; hence, the police
of cer is liable for robbery for threatening to arrest the victim regardless of whether
the latter committed the crime or not: threatened to bring the suspect to the police
station unless he gives a money to the police of cer
• robbery v. direct bribery: if the money was given voluntarily or by reason of force
or intimidatio
• robbery: if the public of cer demanded or extorted money or property from the
victim by employing threat of arrest or prosecutio
• accused obtained money from the victim by means of threat to arrest for a
crime that he did not commi

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• direct bribery: even if he did not really committed the crime, if heh voluntarily
gave money to the public of cer to buy peace and to avoid the hassle of proving
innocence in criminal investigation and prosecution; must be mutual and
voluntar
• will not exculpate the accused: even though the claim of extortion id true, if the
alleged demand of money was made upon the accused by police of cers after he
was arrested, such circumstance will not exculpate the accused from criminal liabilit
• robbery with ordinary aggravating circumstance of fraud or disguise: taking

the property from the victim, by means of threat to arrest through false
representation that accused are police of cers, constitutes robber
• robbery v. estafa:
• in robbery, the accused demanded the property front the victim under threat of
being arrested; and thus, the victim involuntarily parted his property or property
delivered the property under force or intimidatio
• in estafa, the accused employed deceit, cunning, fraud, or misrepresentation to
obtain the property, and thus, the victim delivered the property voluntary by
reason of decei
• robbery and Section 3 (B) of RA No. 3019: preliminary investigation: not liable
for violation of Section 3 (b) because preliminary investigation is not a "contract or
transaction" contemplated in this provision; public prosecutor can be charged of
robbery if there is a threat to charge the victim in cour
ARTICLE 295. Robbery with Physical Injuries, Committed in an Uninhabited Place

and by a Band. —
- If the offenses mentioned in subdivisions 3, 4, and 5 of the next preceding article shall
have been committed in an 1-uninhabited place and 2-by a band, or 3-by
attacking a moving train, street car, motor vehicle or airship, or 4-by entering
the passenger’s compartments in a train or, in any manner, taking the
passengers thereof by surprise in the respective conveyances, the offender shall
be punished by the maximum period of the proper penalties. (5-commission of
robbery on the street, road, highway, or alley, and the intimidation is made with
the use of rearm
- In the same cases, the penalty next higher in degree shall be imposed upon the
leader of the band.
when is robbery with violence against or intimidation of person quali ed
if any of the offenses de ned in subdivisions 3,4,5 of Article 294 is committed
1. in an uninhabited place; o
2. by a band; o
3. by attacking a moving train, street car, motor vehicle, or airships; o

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4. by entering the passengers' compartments in a train, or in any manner

taking the passengers thereof by surprises in the respective
conveyances; o
5. on a street, road, highway, or alley, and the intimidation is made with
the use of rearms, the offender shall be punished by the maximum
periods of the proper penalties prescribed in Article 294. (must be
alleged in the information
ARTICLE 296. De nition of a Band and Penalty Incurred by the Members Thereof .
—
- When more than three armed malefactors take part in the commission of a
robbery, it shall be deemed to have been committed by a band (cuadrilla)
- Any member of a band who is present at the commission of a robbery in an

uninhabited place and by a band, shall be punished as principal of any of the
assaults committed by the band, unless it be shown that he attempted to prevent
the same.
outline of the provisions

1. when at least 4 armed malefactors take part in the commission of a
robbery, it is deemed committed by a band
2. when any of the arms used in the commission of robbery is not
licensed, the penalty upon all the malefactors shall be the maximum
upon the corresponding penalty provided by law, without prejudice to
the criminal liability for illegal possession of such rearms
3. any member of a band who was present at the commission of a
robbery by the band, shall be punished as principal of any of the
assaults committed by a band, unless it be shown that he attempt to
prevent the sam
requisites for liability for the acts of the other members of the band
1. a member of the band is liable for any of the assaults committed by the
other members thereof, when the following requisites concur
2. that he was a member of the band
3. that he was present at the commission of a robbery by that band
4. that the other members of the band committed an assault
5. that he did not attempt to prevent the assaul

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• must have endeavored to prevent the commission of the crime: there must be
proof that he made an endeavor to prevent the assault committed by another
member of the band, in order that he may not be held liable for such assaul
• note: special aggravating circumstance cannot be appreciated in special

complex crime of "robbery with homicide, rape, mutilation, arson, or serious physical
injuries involving insanity, imbecility, impotency and blindness (band or uninhabited
place can be considered as ordinary aggravating circumstance in these crimes
• use of unlicensed (loose) rearm in robbery by band: special aggravating

circumstanc
• use of loose rearm is inherent in the commission of robbery by band, the

former shall be considered as an aggravating circumstance and not as a separate
and distinct offens
ARTICLE 297. Attempted and Frustrated Robbery Committed Under Certain

Circumstances. —
- When by reason or on occasion of an attempted or frustrated robbery a homicide is
committed the person guilty of such offenses shall be punished by reclusión temporal
in its maximum period to reclusión perpetua, unless the homicide committed shall
deserve a higher penalty under the provisions of this Code
ARTICLE 298. Execution of deeds by means of violence or intimidation.
- Any person who, with intent to defraud another, by means of violence or intimidation,
shall compel him to sign, execute or deliver any public instrument or document, shall
be held guilty of robbery and punished by the penalties respectively prescribed in this
Chapter
Elements
1. that the offender has intent to defraud another
2. that the offender compels him to sign, execute, or deliver any public
instrument or document
3. that the compulsion is by means or violence or intimidatio
• in robbery, theft or execution of document, the property stolen is a personal

property: in the crime of execution of deeds by means of violence or intimidation,
the property involved in document or public document, which was executed by
means of violence and intimidation, may be real or personal; in robbery or theft,
intent to gain is an indispensable element; on the other hand, what it important is
execution of deeds or intimidation is intent to defrau

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• A broke into B's house, force him to bring out some land titles and after picking out a
title covering 200 square meters in their barangay, compelled B to type out a Deed
of Sale conveying the said lot to him for 1.00 and other valuable consideration
Section Two. - Robbery by the use of force upon thing
Article 299. Robbery in an inhabited house or public building or edi ce devoted to

worship. -
- Any armed person who shall commit robbery in an inhabited house or public building
or edi ce devoted to religious worship, shall be punished by reclusion temporal, if the
value of the property taken shall exceed 250 pesos, and if
A. The malefactors shall enter the house or building in which the robbery was
committed, by any of the following means
1. Through an opening not intended for entrance or egress
2. By breaking any wall, roof, or oor or breaking any door or window
3. By using false keys, picklocks or similar tools
4. By using any ctitious name or pretending the exercise of public
authority
Elements
1. that the offender entered (a) an inhabited place, or (b) public building,
or (c) edi ce devoted to religious worshi
2. that the entrance was effected by any of the following means
1. Through an opening not intended for entrance or egress
2. By breaking any wall, roof, or oor or breaking any door or
window
3. By using false keys, picklocks or similar tools
4. By using any ctitious name or pretending the exercise of
public authority
3. that once inside the building, the offender took personal property
belonging to another with intent to gai
B. The robbery be committed under any of the following circumstances
1. By the breaking of doors, wardrobes, chests, or any other kind of
locked or sealed furniture or receptacle
2. By taking such furniture or objects to be broken or forced open outside
the place of the robbery
Elements

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1. that the offender is inside a dwelling house, public building , or edi ce

devoted to religious worship, regardless of the circumstances under
which he entered it
2. that the offender takes personal property belonging to another, with
intent to gain, under any of the following circumstances
1. By the breaking of doors, wardrobes, chests, or any other
kind of locked or sealed furniture or receptacle
2. By taking such furniture or objects to be broken or forced
open outside the place of the robbery
- When the offenders do not carry arms, and the value of the property taken exceeds
250 pesos, the penalty next lower in degree shall be imposed
- The same rule shall be applied when the offenders are armed, but the value of the
property taken does not exceed 250 pesos
- When said offenders do not carry arms and the value of the property taken does not
exceed 250 pesos, they shall suffer the penalty prescribed in the two next preceding
paragraphs, in its minimum period
- If the robbery be committed in one of the dependencies of an inhabited house, public

building, or building dedicated to religious worship, the penalties next lower in degree
than those prescribed in this article shall be imposed
• inhabited house: means any shelter, ship or vessel constituting the dwelling of one
or more persons, even though the inhabitants thereof are temporarily absent
therefrom when the robbery is committe
• public building: includes every building owned by the Government or belonging to

a private person but used or rented by the Governmen
• force: if the offender enters the house or building in which the robbery is committed,
by any of the following means
1.
unlawful entry
2.
forcible entry
3.
use false keys or picklocks or similar tools
4.
use of ctitious name; o
5.
simulation of public authority (cannot be committed in robbery
in an uninhabited place
• if the robbery is committed: (by breaking of doors, wardrobes, chests or any kind
of locked or sealed furniture or receptacle; o

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• by taking such furniture or objects away to be broken or forced upon outside the
place if the robber
• unlawful entry v. forcible entry: unlawful entry is present if the offender enters
the building through an opening not intended fro entrance or egress such as a
windo
• forcible entry is present if the offender enters the building by breaking any wall,
roof, or oor or breaking any door or window; breaking the window must be used as
a mode to enter the building- if he broke the wall as was able to get the watch from
the outside, the crime committed is theft; in robbery involving force upon furniture or
receptacle in the building, entry into the building is not require
• chest was taken out and was broken outside: robbery by using force upon things
is committed even if the culprit did not enter the building without using force upon
thing
• using picklock: must be used to enter the building and not merely to open the
receptacle or furniture; using picklock to open a locked cabinet and taking property
therein is not robbery by using force upon thing, the picklock must be used to enter
the building
• theft: used the key in entering the house entrusted to him by the owner while they
were on a vacatio
• simulation of authority: as a qualifying circumstance, it must be used as a means

to enter the buildin
• special aggravating circumstance in an inhabited house: there must be a

combination of band and uninhabited place; uninhabited place alone or band alone
is just an ordinary aggravating circumstance in robbery in an uninhabited plac
Article 300. Robbery in an uninhabited place and by a band. -

- The robbery mentioned in the next preceding article, if committed in an uninhabited
place and by a band, shall be punished by the maximum period of the penalty
provided therefor
• the special aggravating circumstance cannot be appreciated in special complex

crime of robbery with homicide, rape, mutilation, arson or serious physical injuries
involving insanity, imbecility, impotency, or blindness; but band or uninhabited place
can be considered as an ordinary aggravating circumstance in these crime
• band: when at least 4 armed malefactors take part in the commission of robber
• Section 29, R.A. No. 10591: use of loose rearm is inherent in the commission of
robbery by band, the former shall be considered as an aggravating circumstance
and not as a separate and distinct offens

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Article 301. What is an inhabited house, public building or building dedicated to

religious worship and their dependencies. -
- Inhabited house means any shelter, ship or vessel constituting the dwelling of one or
more persons, even though the inhabitants thereof shall temporarily be absent
therefrom when the robbery is committed
- All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables or
other departments or inclosed places contiguous to the building or edi ce, having an
interior entrance connected therewith, and which form part of the whole, shall be
deemed dependencies of an inhabited house, public building or building dedicated to
religious worship
- Orchards and other lands used for cultivation or production are not included in
the terms of the next preceding paragraph, even if closed, contiguous to the
building and having direct connection therewith
- The term "public building" includes every building owned by the Government or
belonging to a private person not included used or rented by the Government,
although temporarily unoccupied by the same
Dependencies: dependencies of an inhabited house, public building or building

dedicated to religious worship-are all interior courts, corrals, warehouses, granaries or
inclosed contiguous to the building or edi ce, having an interior entrance connected
therewith, and which form part of the whol
3 requisites
1. must be contiguous to the building
2. must have an interior entrance connected therewith
3. must form part of the whol
• there is no robbery in the dependency of an uninhabited house or private buildin

• where the 1st oor of the building is a store, the second is a dwelling, and the latter
is accessible from the former, the store shall be considered as dependency of an
inhabited house; a building used exclusively as a store is a private buildin
Article 302. Robbery is an uninhabited place or in a private building. -
- Any robbery committed in an uninhabited place or in a building other than those
mentioned in the rst paragraph of Article 299, if the value of the property taken
exceeds 250 pesos, shall be punished by prision correccional if any of the following
circumstances is present
1. If the entrance has been effected through any opening not intended for
entrance or egress

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2. If any wall, roof, our or outside door or window has been broken
3. If the entrance has been effected through the use of false keys,
picklocks or other similar tools
4. If any dorm, wardrobe, chest or by sealed or closed furniture or
receptacle has been broken
5. If any closed or sealed receptacle, as mentioned in the preceding
paragraph, has been removed even if the same to broken open
elsewhere
- When the value of the property takes does not exceed 250 pesos, the penalty next
lower in degree shall be imposed
- In the cases speci ed in Articles 294, 295, 297, 299, 300, and 302 of this Code, when
the property taken is mail matter or large cattle, the offender shall suffer the penalties
next higher in degree than those provided in said articles
Article 303. Robbery of cereals, fruits, or rewood in an uninhabited place or

private building. -
- In the cases enumerated in Articles 299 and 302, when the robbery consists in the
taking of cereals, fruits, or rewood, the culprit shall suffer the penalty next lower in
degree than that prescribed in said articles
Article 304. Possession of picklocks or similar tools. -
- Any person who shall without lawful cause have in his possession picklocks or similar
tools especially adopted to the commission of the crime of robbery, shall be punished
by arresto mayor in its maximum period to prision correccional in its minimum period
- The same penalty shall be imposed upon any person who shall make such tools. If
the offender be a locksmith, he shall suffer the penalty of prision correccional in its
medium and maximum periods
Elements of illegal possession of picklocks or similar tools

1. that the offender has in his possession picklocks or similar tools
2. that such picklocks or similar tools are speci cally adopted to the
commission of robbery
3. that the offender does not have lawful cause for such possessio
Article 305. False keys. - The term "false keys" shall be deemed to include
1. The tools mentioned in the next preceding articles
2. Genuine keys stolen from the owner

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3. Any keys other than those intended by the owner for use in the lock
forcibly opened by the offender
Chapter Two 
BRIGANDAG
Brigandage, de ned: brigandage is committed by more than 3 armed person who form
a band of robbers for the purpose of committing robbery in the highway or kidnapping
persons for the purpose of extortion or to obtain ransom, or for any purpose to be
attained by means of force or violenc
Article 306. Who are brigands; Penalty. -

- When more than three armed persons form a band of robbers for the purpose of
committing robbery in the highway, or kidnapping persons for the purpose of extortion
or to obtain ransom or for any other purpose to be attained by means of force and
violence, they shall be deemed highway robbers or brigands
- Persons found guilty of this offense shall be punished by prision mayor in its medium
period to reclusion temporal in its minimum period if the act or acts committed by
them are not punishable by higher penalties, in which case, they shall suffer such
high penalties
- If any of the arms carried by any of said persons be an unlicensed rearms, it shall be
presumed that said persons are highway robbers or brigands, and in case of
convictions the penalty shall be imposed in the maximum period
There is brigandage when

1. there be at least 4 armed persons
2. they formed a band of robbers
3. the purpose is any of the following
A. to commit robbery in the highway; o
B. to kidnap persons for the purpose of extortion or to obtain
ransom; o
C. to attain by means of force and violence any other purpos
Article 307. Aiding and abetting a band of brigands. -

- Any person knowingly and in any manner aiding, abetting or protecting a band of
brigands as described in the next preceding article, or giving them information of the
movements of the police or other peace of cers of the Government (or of the forces
of the United States Army), when the latter are acting in aid of the Government, or

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acquiring or receiving the property taken by such brigands shall be punished by

prision correccional in its medium period to prision mayor in its minimum period
- It shall be presumed that the person performing any of the acts provided in this article
has performed them knowingly, unless the contrary is proven
Elements
1. that there is a band or brigands
2. that the offender knows the band to be of brigands
3. that the offender does any of the following acts
A. he in any manner aids, abets, or protects such band of
brigands; o
B. he gives them information of the movements of the police or
other peace of cers of the Government; o
C. he acquires or receives the property taken by such brigand
Chapter Three 
THEF
Article 308. Who are liable for theft. -

- Theft is committed by any person who, with intent to gain but without violence against
or intimidation of persons nor force upon things, shall take personal property of
another without the latter's consent
- Theft is likewise committed by
1. Any person who, having found lost property, shall fail to deliver the same to
the local authorities or to its owner
2. Any person who, after having maliciously damaged the property of another,
shall remove or make use of the fruits or object of the damage caused by
him; an
3. Any person who shall enter an inclosed estate or a eld where trespass is
forbidden or which belongs to another and without the consent of its owner,
shall hunt or sh upon the same or shall gather cereals, or other forest or
farm products
Elements of theft
1. that there be taking of personal property
2. that the said property belongs to another
3. that the taking be done with intent to gain

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4. that the taking be done without the consent of the owner

5. that the taking be accomplished without the use of violence against or
intimidation of persons or force upon thing
Elements of theft (paragraph 3)
1. that there is an enclosed estate or a eld where trespass is forbidden
or which belongs to another
2. that the offender enters the same
3. that the offender hunts or shes upon the same or gathers fruits,
cereals, or other forest or farm products in the estate or eld; an
4. that the hunting or shing, or gathering of products is without the
consent of the owner
• Laurel v. Abrogar: the business of providing telecommunication and the telephone

service is a personal propert
• capable of appropriation, not necessarily capable of asportatio

• taking: taking is deemed complete from the moment the offender gains possession
over the thing; even if he has no opportunity over gaining possession of the property
to dispose of the sam
• accused shall be convicted of consummated theft even though he was immediately

apprehended by police of cers after gaining possession of the property without
consent of the owner with intent to appropriat
• constructive possession: theft is consummated when the offender unlawfully

acquires possession of personal property even it for a short time; in theft actual
manual possession of property is not require
• the mere act of throwing by the offender, who was a cargador while riding
in a truck, 2 cases of milk, is consummated thef
• theft is consummated since the offender already acquired constructive

possession over the cases of milk when they were thrown from the truc
• ability to freely dispose is not an elemen

• property belonging to another, it is immaterial whether said offender stole it
from the owner, mere possessor, or even a thief of the propert
• intent to gain/animus lucrandi and not actual gain; this cannot be where
the taker honestly believes the property is his own or that of another, and that
he has the right to take possession of it for himself or for another, for the
protection of the latte
• replacement: replacement is not a mode of extinguishing criminal liability for

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• nder of lost property: theft is committed by ay person who nds the

property but fails to deliver the same to the local authorities or to its owner; it
does not require knowledge of the lost property; if the nder surrenders it
to the police of cer and the police of cer failed to deliver the same to
the owner but spent the money, he shall be liable for thef
• theft of commercial document: checks and other commercial papers are

subjects of thef
• stealing check payable to cash; liable for quali ed theft: when accused as
Branch Manager of complainant received checks payable to cash from
customers of complainant for the deliveries of cemen
• stealing check payable to order; liable for theft: of the checks are payable to
order of speci ed person, the thief cannot encash them or deposit them on
his account since he is not a payee theret
• impossible crime v. theft:

• impossible crime: stealing unfunded check payable to the company of
the accused and presenting it for encashment to the drawee bank, which
dishonored it by reason of insuf ciency of funds, constitutes impossible
crim
• theft; stealing a funded check: even if the accused failed to encash the
same due to external cause such as apprehension by police; it is of no
moment that there was real or actual gain, it is one of the essential
elements of thef
• attempted estafa through falsi cation of commercial document: if the

amount of check was altered, and accused, who attempted to deposit the
falsi ed check, was apprehended by NBI agent
• theft through falsi cation of document: a stole a passbook, falsi ed the

withdrawal slip, and used the stolen passbook and falsi ed withdrawal slip
to withdraw money from the ban
• theft through falsi cation of commercial document: the assistant

cashier, stole unsigned cashier check, forged the signature of the cashier
on the check, and encashed it at the ban
• theft: using a stolen bearer to defraud the bank is not estafa since it was
only e ployed to realize actual gain from stealing the chec
• estafa through theft; applies only to "bearer pawnshop ticket":

pretending that he was the owner of the pawned jewels and pawned, and
without making use of the corresponding pawn tickets other than their

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respective numbers, he succeeded in redeeming them through the

identi cation of perso
• quali ed theft: if it pertains to bearer check; estafa through theft

applies only to bearer pawnshop ticke
• estafa through falsi cation of document: using a falsi ed commercial document

to defraud the ban
xxx
Article 309. Penalties. - Any person guilty of theft shall be punished by
1. The penalty of prision mayor in its minimum and medium periods, if the value
of the thing stolen is more than 12,000 pesos but does not exceed 22,000
pesos, but if the value of the thing stolen exceeds the latter amount the
penalty shall be the maximum period of the one prescribed in this paragraph,
and one year for each additional ten thousand pesos, but the total of the
penalty which may be imposed shall not exceed twenty years. In such cases,
and in connection with the accessory penalties which may be imposed and
for the purpose of the other provisions of this Code, the penalty shall be
termed prision mayor or reclusion temporal, as the case may be
2. The penalty of prision correccional in its medium and maximum periods, if the
value of the thing stolen is more than 6,000 pesos but does not exceed
12,000 pesos
3. The penalty of prision correccional in its minimum and medium periods, if the
value of the property stolen is more than 200 pesos but does not exceed
6,000 pesos
4. Arresto mayor in its medium period to prision correccional in its minimum
period, if the value of the property stolen is over 50 pesos but does not
exceed 200 pesos
5. Arresto mayor to its full extent, if such value is over 5 pesos but does not
exceed 50 pesos
6. Arresto mayor in its minimum and medium periods, if such value does not
exceed 5 pesos
7. Arresto menor or a ne not exceeding 200 pesos, if the theft is committed
under the circumstances enumerated in paragraph 3 of the next preceding
article and the value of the thing stolen does not exceed 5 pesos. If such
value exceeds said amount, the provision of any of the ve preceding
subdivisions shall be made applicable
8. Arresto menor in its minimum period or a ne not exceeding 50 pesos, when
the value of the thing stolen is not over 5 pesos, and the offender shall have
acted under the impulse of hunger, poverty, or the dif culty of earning a
livelihood for the support of himself or his family

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Article 310. Quali ed theft. -

- The crime of theft shall be punished by the penalties next higher by two degrees than
those respectively speci ed in the next preceding article, if committed by a domestic
servant, or with grave abuse of con dence, or if the property stolen is motor vehicle,
mail matter or large cattle or consists of coconuts taken from the premises of the
plantation or sh taken from a shpond or shery, or if property is taken on the
occasion of re, earthquake, typhoon, volcanic erruption, or any other calamity,
vehicular accident or civil disturbance. (As amended by R.A. 120 and B.P. Blg. 71.
May 1, 1980)
Elements
1. if the theft is committed by a domestic servant
2. if the theft is committed with grave abuse of con dence
3. if the property stolen is a (a) motor vehicle; (b) mail matter; or (c) large
cattle
4. if the property stolen consists of coconuts taken from the premises of
the plantation
5. if the property stolen is a sh taken from a shpond or sher
6. if the property is taken on the occasion of re, earthquake, typhoon,
volcanic eruption, or any other calamity, vehicular accident or civil
disturbanc
• stealing motor vehicle is carnapping while stealing large cattle is cattle rustlin
• physical access: if the accused as an employee has no physical access to, or
material possession of stolen goods owned by his employer, the qualifying
circumstance of "abuse of con dence" cannot be appreciate
• domestic servant is liable for quali ed theft: it is committed regardless of the

non-accessibility of the property stolen and the absence of abuse of con dence;
note that employer-employee relationship is not an element of quali ed thef
• coconuts: stealing of coconuts when they are still in the tree or deposited on the
ground within the premises of the plantatio
Article 311. Theft of the property of the National Library and National Museum. -
- If the property stolen be any property of the National Library or the National Museum,
the penalty shall be arresto mayor or a ne ranging from 200 to 500 pesos, or both,
unless a higher penalty should be provided under other provisions of this Code, in
which case, the offender shall be punished by such higher penalty

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Chapter Four 
USURPATIO
Article 312. Occupation of real property or usurpation of real rights in property. -

- Any person who, by means of violence against or intimidation of persons, shall take
possession of any real property or shall usurp any real rights in property belonging to
another, in addition to the penalty incurred for the acts of violence executed by him,
shall be punished by a ne from 50 to 100 per centum of the gain which he shall have
obtained, but not less than 75 pesos
- If the value of the gain cannot be ascertained, a ne of from 200 to 500 pesos shall
be imposed
1. by taking possession of any real property belonging to another by
means of violence against or intimidation of persons
2. by usurping any real rights in property belonging to another by means
of violence against or intimidation of person
Elements
1. that the offender takes possession of any real property or usurps any
real rights in property
2. that the real property or real rights belong to another
3. that violence against or intimidation of persons is used by the offender
in occupying real property or usurping real rights in property
4. that there is an intent to gai
• real property: in occupation of real property under Article 312, violence or

intimidation is employed to occupy the real property or to usurp real righ
• must be committed with violence or intimidation: the crime cannot be committed

if the intruders did not use violence or intimidation in occupying the property; the
remedy of X is to le ejectment case against the squatter
• threat and intimidation: absorbed in the crime of occupation of real property or

usurpation of real rights in real propert
• different if the threat or intimidation was employed to prevent re-occupation:

the crime under Article 312 cannot be committe
• threat or violence to occupy and to prevent re-occupation: the caretaker was

driven away in order to occupy the property; when the owner arrived from abroad,
he was driven away by the occupants (occupation of real property from employing
violence or intimidation against the caretaker to occupy the property and grave
threat for employing threat to prevent Jorge from re-occupying the propert

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• violence includes homicide, rape, and threa
Robbery by means of violence or occupation of real property or

intimidation usurpation of real rights in real
property
involves personal property involves real property
both committed by means of violence and both committed by means of violence and
intimidation intimidation
complex crime of robbery with homicide: complex crime of robbery with homicide:
prescribes a single penalty the penalty imposable is a ne in addition
to the penalty prescribed for homicide
------ accused cannot be prosecuted for

separate crimes of occupation of real
property and homicide, or a complex
crime of occupation of real property with
homicide under Article 48 of the Revised
Penal Code
if slight physical injuries, threat or if physical injuries, threat or coercion is

coercion is committed to take personal committed to occupy real property, but
property from the owner, the crime the penalty imposable is a ne in addition
committed is robbery, for which Article to the penalty prescribed for slight
294 prescribes a single penalty physical injuries, for threats or coercion
Article 313. Altering boundaries or landmarks. -

- Any person who shall alter the boundary marks or monuments of towns, provinces, or
estates, or any other marks intended to designate the boundaries of the same, shall
be punished by arresto menor or a ne not exceeding 100 pesos, or both
Elements
1. that there be boundary ,marks or monuments of towns, provinces, or
estates, or any other marks intended to designate the boundaries of
the same
2. that the offender alters said boundary mark
Chapter Five 
CULPABLE INSOLVENC
Article 314. Fraudulent insolvency. -

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- Any person who shall abscond with his property to the prejudice of his creditors, shall
suffer the penalty of prision mayor, if he be a merchant and the penalty of prision
correccional in its maximum period to prision mayor in its medium period, if he be not
a merchant
Elements
1. that the offender is a debtor; that is, he has obligation due and
payable
2. that he absconds with his property
3. that there be prejudice to his creditor
FRAUDULENT INSOLVENCY IN OTHER FORM OF SWINDLING
the act prohibited is absconding (hiding the act prohibited is the execution of
or concealing) with his property, real or ctitious contract
personal, which may involve in the
execution of a ctitious contract
the offender is the debtor who committed the act prohibited is the execution of a
an act to prejudice his creditors ctitious contract; the offender and the
victim are any persons
Chapter Six 
SWINDLING AND OTHER DECEIT
Elements of estafa in general

1. that the accused defrauded another (a) by abuse of con dence, or (b)
by means of deceit; an
2. that damage or prejudice capable of pecuniary estimation is caused to
the offended party or third perso
- The 1st element covers the three different ways of committing estafa under Article
315: Note that Article 315 has 3 subdivisions classifying the different forms of estafa
according to the means by which the fraud is committed
Thus, estafa is committed:
1. with unfaithfulness or abuse of con dence
2. by means of false pretense or fraudulent acts; o
3. through fraudulent mean

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- The 3 ways of committing estafa under Article 315 may be reduced by 2 only. The 1st
form under subdivision No. 1 is known as estafa with abuse of con dence and the
2nd and 3rd persons forms under subdivisions Nos. 2 and 3 cover estafa by means
of deceit
Article 315. Swindling (estafa). -
- Any person who shall defraud another by any of the means mentioned herein below
shall be punished by
- 1st. The penalty of prision correccional in its maximum period to prision mayor in its
minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed
22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period, adding one year for each
additional 10,000 pesos; but the total penalty which may be imposed shall not exceed
twenty years. In such cases, and in connection with the accessory penalties which
may be imposed under the provisions of this Code, the penalty shall be termed
prision mayor or reclusion temporal, as the case may be
- 2nd. The penalty of prision correccional in its minimum and medium periods, if the
amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos
- 3rd. The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period if such amount is over 200 pesos but does not exceed 6,000 pesos;
an
- 4th. By arresto mayor in its maximum period, if such amount does not exceed 200
pesos, provided that in the four cases mentioned, the fraud be committed by any of
the following means
1. With unfaithfulness or abuse of con dence, namely
Elements of estafa with unfaithfulness

1. that the offender has an onerous obligation to deliver something of
value
2. that he alters its substance, quantity, and quality
3. that damage or prejudice is caused to anothe
Elements of estafa with abuse of con dence under subdivision No. 1, paragraph
(b), of Article 315

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1. that money, goods, or other personal property be received by the

offender in trust, or on commission, or for administration, or under
any other obligation involving the duty to make delivery of, or to
return, the same
2. that there be misappropriation or conversion of such money or
property by the offender, or denial on his part of such property
3. that such misappropriation or conversion or denial is to the
prejudice of another; an
4. that there is a demand made by the offended party to the offender
Note: the fourth element is not necessary when there is evidence of
misappropriation of the goods by the defendant
Second element of estafa with abuse of con dence under paragraph (b),
subdivision No. 1, Article 315
- It will be noted that there are 3 ways of committing estafa with abuse of con dence
under Article 315, No. 1(b): They are
1. by misappropriating the thing received
2. by converting the thing received
3. by denying that the thing was received
Elements by taking undue advantage of the signature of the offended part in
blank
1. that the paper with the signature of the offended party be in blank
2. the offended party should have delivered it to the offender
3. that above the signature of the offended party a document is written by
the offender without authority to do so
4. that the document so written creates a liability of, or causes damage
to, the offended party or any third person
Elements of estafa by means of deceit
1. that there must be a false pretense, fraudulent act or fraudulent
means
2. that such false pretense, fraudulent act or fraudulent means must have
been made or executed prior to or simultaneously with the commission
of the fraud
3. that the offended party must have relied on the false pretense,
fraudulent act, or fraudulent means, that is, he was induced to part

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with his money or property because of the false pretense, fraudulent

act, or fraudulent means
4. that as a result thereof, the offended party suffered damage
There are 3 ways of committing estafa under the provisions: They are
1. by using ctitious name
2. by falsely pretending to possess: (a) power, (b) in uence, (c)
quali cations, (d) property, (e) credit, (f) agency, (g) business or
imaginary transactions; o
3. by means of other similar deceits
A. By altering the substance, quantity, or quality or anything of value which
the offender shall deliver by virtue of an obligation to do so, even though
such obligation be based on an immoral or illegal consideration.
substituting drugs (shabu) with tawas
B. By misappropriating or converting, to the prejudice of another, money,
goods, or any other personal property received by the offender in trust or
on commission, or for administration, or under any other obligation
involving the duty to make delivery of or to return the same, even though
such obligation be totally or partially guaranteed by a bond; or by denying
having received such money, goods, or other property
• estafa through misappropriation: a corporate treasurer, took money out of
the funds of company for personal use and replaced it with personal checks;
disturbance in property rights caused by misappropriation, though only
temporary, is in itself suf cient to constitute damage, which is an element of
estaf
• the treasurer is liable for estafa through misappropriation even if there

was no shortage during the audit-the property right of the company was
disturbed when he used the personal funds of the company for his own
bene t; quali ed theft is not committed since the treasurer has juridical
possession over the corporate fund
• acquires juridical or de jure possession: received the property in trust, on

commission, for administration, or under a lease contract or deposi
• not estafa: refusal to remit rentals for properties owned by corporation to

corporate of cers, who are not validly electe
• the bank has no obligation to return to the depositor in case he decided

to withdraw his deposit the very money deposited with the same serial
number; appropriation by the bank of the money deposited is not
misappropriation or conversion since it is merely exercising its right to
appropriate, which is an attribute of ownershi

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COLOSSIANS 3:23
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• theft and not estafa: there is no estafa if the obligation of the accused is to
immediately return the property received; acquired merely physical and not
juridical possessio
• appointing sub-agent: appointing sub-agent, who misappropriated the

property, will not make the appointing agent liable for estaf
• xpn: an agent will be liable for estafa through misappropriation fr

appointing a sub-agent, who thereafter misappropriated the property
1. if the agent acted in conspiracy with sub-agent in carrying out the
actual misappropriation; o
2. if there is an agreement prohibiting the agent from appointing a sub-
agen
• as a general rule: retaining the proceeds of the sale of goods of the principal
by the agent is misappropriation
• no estafa through negligence: estafa through misappropriation can only be

committed by means of "dolo"; however, malversation may be committed by
means of dolo or culpa; permitting other person to take the property through
negligence or abandonment; as an agent, returning the items only shows that
she had reason to believe that the latter had the authority to receive the
same-more so, there is no estafa through negligenc
• complex crime of estafa through falsi cation of commercial document

committed by means of negligenc
• estafa through falsi cation of commercial document: the accused

deposited to his bank account a check in the amount of 10k with the falsi ed
endorsement of
• not estafa: the allegation of lost pro ts, which could have arisen from the
aborted joint venture, is conjectural in nature and could barely be
contemplated as prejudice suffere
• demand is not necessary in estafa through misappropriation: demand to

return or to make accounting not mentioned in Article 315 of the Revised
Penal Code as an element of estafa through misappropriation; demand is not
also an element of malversation , but failure to account upon demand made
by a duly authorized of cer is also a prima facie evidence of malversatio
Estafa Theft
the offender receives the personal property offender takes

with consent of the owner under obligation to the property
return or deliver it, but thereafter, the owner without consent
converts, or misappropriates the same or of the owner
denies its receipt

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COLOSSIANS 3:23
THAN FOR PEOPLE."
Estafa Theft
physical or both physical and juridical possession: p h y s i c a l

juridical means a possession, which gives the possession:
possession transferee a right over the thing which the misappropriation
transferee may set up even against the thereof or failure
owner; a bank cash custodian has no juridical to return it shall
possession over the missing funds be considered as
taking without
consent of the
owner (with the
obligation to
return it
immediately)
obligation to misappropriation of property received under if the same be

return obligation involving the duty to return covered immediately
by a lease agreement or deposit; contract of returned, the
commodatum: the borrower acquired failure to return is
juridical possession of the thing theft and not
estafa
employer- if the employee is an of cer of the company bank teller,

employee with discretion on how to use the property or collector and
relationship fund of the company or further his interest; cash custodian:
corporate directors has no juridical liable for quali ed
possession over corporate funds theft
teller; bank agent can assert, as against his own payment by third
cash custodian principal, an independent, autonomous, right persons to the
v. agent to retain the money or goods in consequence teller is payment
of the agency, as when the principal fails to to the bank itself;
reimburse him for the advances he has made the teller is a
mere custodian
or keeper of the
funds, and has
no independent
right or title to
retain or possess
the same against
the bank; bank
cash custodian
has no juridical
possession over
the missing funds

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COLOSSIANS 3:23
THAN FOR PEOPLE."
Estafa Theft
partnership estafathrough misappropriation: -----

misappropriation by the partner is;
misappropriation by the industrial partner of
the share of the capitalist partner or
partnership fund is estafa through
misappropriation
quasi-contact a corporation wrongfully delivered bags of -----

cement to Glorioso hardware instead of the
actual buyer; X, the manager of Glorioso
hardware, sold the bags of cement to another
person-X is liable for estafa through
misappropriation
sale estafa was not committed: A sold the washing -----

machine to B on credit, with the
understanding that B could return the
appliance within 2 weeks if, after testing the
same B decided not to buy it; 2 weeks lapsed
without B returning the appliance; A found out
that B had sold the washing machine to 3rd
party-no estafa, his obligation is merely to
pay the price
loan in simple loan (muttum), the borrower -----

acquires ownership of the money, goods or
personal property borrowed; being the owner,
the borrower can dispose of the thing and his
act will not be considered misappropriation
thereof; liquidation of travel funds will not
constitute estafa

COLOSSIANS 3:23
THAN FOR PEOPLE."
Estafa Theft
money market estafathrough misappropriation: when an

palcement investor enters into an investment contract
with a dealer under terms that oblige the
dealer to place investments only in
designated securities; civil action only:
there is no stipulation for placement on
designated securities; thus, the dealer is
given discretion to choose placement of the
investment made; note: absent any proof of
speci c instructions, the middleman
cannot be said to have misappropriated or
diverted the investments-in money market
transactions, the dealer is given
discretion on where investments
mutuum and COMMODATU

commodatum the offender has the obligation to return the
same property that he received;
commodatum: the obligation of the depositary
is to return to the depositor the very property
deposite
in the contract of loan (mutuum): the

obligation of the debtor is to return to the
creditor the amount of money borrowed but
not necessary the very money with the same
serial number; failure to return the amount of
money borrowed is not estafa through
misappropriatio
contracts of bailment: lease of personal

p r o p e r t y, c o n t r a c t o f d e p o s i t , a n d
commodatu
note: unless there is a "speci c

stipulation" to return the very money
deposited, the obligation of the depositary is
merely to return the equivalent amount of the
money deposite
leasehold tenancy: failure to pay rental is

not estafa

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COLOSSIANS 3:23
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Estafa Theft
estafa carnapping
service contract received the car

from the owner
for repair or
repainting, his
possession is
physical
hired the truck of the offended party until contract of lease:

noon of the same day; juridical personality if violence is
c o m m i t t e d
against the driver
of the owner to
take the property:
robbery and not
estafa
favors franchise
holder: in the
eyes of the law,
the driver of taxi
or passenger
jeepney under
" b o u n d a r y
s y s t e m
agreement" was
only the
employee of the
owner rather than
a lessee
estafa cattle rustling

(P.D. 533)
took the horse without the consent of the b o r r o w e d t h e

owner and thereafter sold it horse for a
couple of days,
and thereafter,
sold it

COLOSSIANS 3:23
THAN FOR PEOPLE."
Estafa Theft
received the cows under the duty to return slaughtering the

the same thing deposited, and acquired legal horse: received
and de jure possession the horse with the
consent of the
owner, his
possession is
merely physical
or de facto since
the former is an
employee of the
latter; selling the
slaughtered meet
without the
consent of the
owner with the
intent to gain
estafa through false pretense theft
offender unlawfully received the property even though the accused received the
by means of deceit property by means of deceit, if he
merely acquired physical possession in
doing so, the crime committed is theft
estafa by false pretense through accused misrepresented that B

falsi cation of commercial document: instructed him to get his phone from
borrowed money using a fake title to C when in fact there was no
guarantee his obligation; acquired instruction made: employed deceit to
ownership over the money borrowed acquire physical possession of the cell
phone
salesman of the company

misrepresented that he was directed to
retake the machines and pulled out the
sample typewriters from the buyer: the
salesman merely acquired physical
possession

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COLOSSIANS 3:23
THAN FOR PEOPLE."
estafa through false pretense theft
X, servant of B, falsely represented to

the owner of the store that he was sent
there by B to buy certain goods and the
latter delivered the goods by reason of
such misrepresentation; accused having
secured the possession of a gold bar
from its owner under the pretext that he
would have examined by a silversmith,
but instead he disappeared
THEFT, ESTAFA OR MALVERSATION AND FALSIFICATIO

FIRST RULE: if falsi cation of document is a means to commit estafa,
malversation, or theft, accused is liable for complex crime proper (AS A MEANS TO
COMMIT
• MALVERSATION THROUGH FALSIFICATION OF PUBLIC DOCUMENT: altered

and duplicate copy of the said cedula and issued to the taxpayer after receiving tax
payment, and then, misappropriated the payment; falsi cation of cedula is a
necessary means to commit malversatio
• QUALIFIED THEFT THROUGH FALSIFICATION OF COMMERCIAL DOCUMENT:

possession of the mail carrier over money order is considered as taking without
consent (de facto); forged the signatures of the payees on the money order and
encashed them; taking mail matter is a qualifying circumstance: forging the
signatures of the payees constitutes falsi cations of public documents, which is a
necessary means to commit thef
• ESTAFA THROUGH FALSIFICATION OF COMMERCIAL DOCUMENT: imitated

the signature of the depositor on check and succeeded in cashing the said chec
SECOND RULE: if falsi cation is a means to conceal estafa, malversation or theft,
the accused is liable for separate crimes (AS A MEANS TO CONCEAL)
• SEPARATE CRIMES OF ESTAFA AND FALSIFICATION: if falsi cation is

committed to conceal the misappropriation, 2 separate offenses of estafa and
falsi cation are committe
• SEPARATE CRIMES OF QUALIFIED THEFT AND FALSIFICATION: quali ed theft:

possession of a cashier over the money collected from the customer of the company
is only de facto or physical; falsi cation of commercial document such as bank
statement or duplicate copy of of cial receipt to conceal quali ed theft shall be
treated as a separate crim
• SEPARATE CRIMES OF MALVERSATION AND FALSIFICATION: falsi cation of

vouchers, payroll, or bank's reconciliation; when malversation was already

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COLOSSIANS 3:23
THAN FOR PEOPLE."
consummated when falsi cation was committed; accountable public of cer

committed malversation, and thereafter, for purposes of concealing the crime of
malversation falsi ed the documen
possession vs. not in the possession:
• complex crime of malversation through falsi cation of document: if the amount

misappropriated was not yet in the possession of an accountable of cer, and he
falsi ed a document, which he used in order to acquire possession over it for the
purpose of misappropriating the crim
• separate crimes of malversation and falsi cation of document: if the amount

misappropriated was in possession and at the disposal of an accountable of cer and
he could have appropriated it to himself without the necessity of falsifying
documentary such as receip
THIRD RUL
• COMMON ELEMENT DOCTRINE: the use of damage as an element if falsi cation
of private document precludes the re-use thereof to complete the elements of
estafa; the element of "damage" is used in one crime; there must be only one crim
• crime is "falsi cation of private document": falsi cation of private document
and estafa through false pretense; A, a son of B, knowing that X owed B 1,000
which had already matured, wrote a collection letter to X, falsifying B's signature in
the letter which A himself delivered to X without B's knowledge, X paid the amount
to A and thereupon appropriated the money for his personal us
• not applicable in falsi cation of public, of cial, or commercial document: if
falsi cation of public, of cial, or commercial document is necessary means to
commit estafa, malversation, or theft or as a means to conceal it, the common
element doctrine is not applicable because there is no common element to both
crime
• damage is not an element of malversation; doctrine of common element does
not apply: Governor caused the falsi cation of private letter requesting for nancial
assistance and he was able to use the falsi ed document to release public funds to
a ctitious bene ciar
• separate crime of theft and falsi cation of private document; manager of a
rice mill: in order to support her gambling debt, she made it appear that the rice
mill was earning less than it actually was by writing in a ledger a gure lower than
what was collected and paid; possession over the money collected from the
customer is de facto, misappropriation thereof shall be considered as taking without
the consent of the employer (common element principle is not applicable since
in theft like malversation, damage is not an element

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COLOSSIANS 3:23
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LIABLE FOR THE 1ST CRIMINAL ACT COMMITTED: Under the common element
doctrine, the accused is liable for falsi cation of private document or estafa,
whichever is committed rs
• complex crime of estafa through falsi cation of commercial document

(includes falsi ed promissory note, check or notarized letter of guarantee): the
owner of the 2 banks, made an untruthful statement in certi cates of bank deposit
(commercial document) by making it appear moneys were deposited by complainant
when in fact there were none, then he used the falsi ed documents as substitute fro
money to buy machineries and spare parts from the complainan
• accused shall be liable only for falsi cation of private document: accused
falsi ed a letter of guarantee and used it as a substitute for money to buy 150 sacks
of sugar from the offended party; estafa is not technically committed because the
element of damage is not presen
• payroll of cer is a public of cer (payroll shall be considered as a public

document): enrolling 2 ctitious names in a payroll is falsi cation of public
documents since he made untruthful statements in a narration of facts therei
• not an accountable public of cer; a payroll of cer who collects wages for
distribution as salaries of public employee; estafa through falsi cation of
public document: using the falsi ed document to defraud the government by
collecting wages for ctitious employee
• common element doctrine: falsi cation of private document because it was

committed ahead of estafa: the payroll shall be committed as a "private
document"; enrolling 2 ctitious names in the payroll is falsi cation of a private
document; using falsi ed document to defraud his employer constitutes estaf
FALSIFICATION AS A MEANS TO CONCEAL A CRIME: (2nd rule applies; separate
crime of malversation and falsi cation of public document): falsi cation as a
means to conceal malversation: a city treasurer misappropriated public fund under his
possession, and the, falsi ed voucher to conceal the crime of malversation; ACCUSED
IS LIABLE ONLY FOR ESTAFA: agent misappropriated the money received by reason
of agency and falsi ed unof cial receipt (private document) to conceal the crime of
estaf
ESTAFA BY TAKING ADVANTAGE OF SIGNATUR
C. By taking undue advantage of the signature of the offended party in blank,
and by writing any document above such signature in blank, to the
prejudice of the offended party or of any third person
• Deceit: not an essential element of estafa by abuse of con denc
1. damage as an element of estafa may consist in
2. the offended party being deprived of his money or property as a
result of the defraudation

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COLOSSIANS 3:23
THAN FOR PEOPLE."
3. disturbance in the property right; o

4. temporary prejudic
• this is a form of estafa with unfaithfulness or abuse of con denc
2. By means of any of the following false pretenses or fraudulent acts executed

prior to or simultaneously with the commission of the fraud
A. By using ctitious name, or falsely pretending to possess power, in uence,

quali cations, property, credit, agency, business or imaginary transactions,
or by means of other similar deceits
• crime of using ctitious name is absorbed in the crime of estafa using
ctitious nam
• false pretense of quali cation to sell securities (sell membership
shares) is within the contemplation of the provision on estaf
• it is abundantly clear that the pro ts which the accused and her co-
conspirators promised to offended party would not be realize
• false pretense must be committed prior to or simultaneous with, not
subsequent to the damage suffered by the victim when he parted his money
or propert
• pre-existing obligation: if the obligation is pre-existing, there is no estafa
since the offended party did not part his money or property because of the
false pretense perpetrated by the accuse
B. By altering the quality, neness or weight of anything pertaining to his art

or business
• estafa by altering the substance from opium to molasses: upon receipt of
payment, accused delivered the container which they represented to contain
the opium, when in fact, it merely contains molasses; even though the
obligation to deliver is illlega
• switched the lots: estafa by altering the substance of the property to be
delivered from a suitable lot to a worthless lo
• only liable for other deceits: to be held liable for estafa by alteration, it is
important that the obligation to deliver the property already exists, and the
offender on making delivery has altered the substance, quantity or quality of
the thing delivere
C. By pretending to have bribed any Government employee, without prejudice

to the action for calumny which the offended party may deem proper to
bring against the offender. In this case, the offender shall be punished by
the maximum period of the penalty

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COLOSSIANS 3:23
THAN FOR PEOPLE."
• the victim defrauded and the public of cer defamed can sue the offender for
estafa and defamation, respectivel
D. By post-dating a check, or issuing a check in payment of an obligation

when the offender therein were not suf cient to cover the amount of the
check. The failure of the drawer of the check to deposit the amount
necessary to cover his check within three (3) days from receipt of notice
from the bank and/or the payee or holder that said check has been
dishonored for lack of insuf ciency of funds shall be prima facie evidence
of deceit constituting false pretense or fraudulent act. (As amended by R.A.
4885, approved June 17, 1967.
Elements by postdating a check or issuing a check in payment of an obligation
1. that the offender postdated a check, or issued a check in payment of
an obligation
2. that such postdating or issuing a check was done when the offender
had no funds in the bank, or his funds deposited therein were not
suf cient to cover the amount of the chec
• using a check: to be held liable for estafa through issuance of bouncing

check, the accused must have used the check in order to defraud the
complainant; what the law punishes is the fraud or deceit, "not mere issuance
of a worthless check
• estafa through false pretense: with the intent to defraud wrote his signature
very differently from the registered in the bank in order for the drawee bank to
dishonor it; the check was dishonored due to unauthorized signatur
ESTAFA BY NOT PAYING FOOD, REFRESHMENT OR ACCOMMODATIO

E. By obtaining any food, refreshment or accommodation at a hotel, inn,
restaurant, boarding house, lodging house, or apartment house and the
like without paying therefor, with intent to defraud the proprietor or
manager thereof, or by obtaining credit at hotel, inn, restaurant, boarding
house, lodging house, or apartment house by the use of any false
pretense, or by abandoning or surreptitiously removing any part of his
baggage from a hotel, inn, restaurant, boarding house, lodging house or
apartment house after obtaining credit, food, refreshment or
accommodation therein without paying for his food, refreshment or
accommodation
• street name is 123: embarrassment by reason of the altercation involving the
mistake of the food cost is not an excuse in not paying the owner of the
restaurant, who already agreed to accept the lesser amount of 600.0
3. Through any of the following fraudulent means

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COLOSSIANS 3:23
THAN FOR PEOPLE."
A. By inducing another, by means of deceit, to sign any document

• estafa by inducing another to sign: the offended party signed a notarial
document, which has been misrepresented to him by X to be a power-of-
attorney, when in truth and in fact it was a deed of sale (induced another by
means of deceit
• falsi cation of document by attributing to the couple's statements
pertaining to the sale of properties, which they did not in fact make: a
married couple, who did know know how to read and write, asked the
accused to prepare and SPA, but the accused made a Deed of Sale and
asked the couple to sign the same (there was no inducement, for the
offended party was willing and ready from the beginning to sign the
document in the belief that it contained statements made by them
• estafa through falsi cation of the public document [falsi cation of the
public document was used to facilitate and ensure (that is, as a
necessary means for) the commission of the estafa]: presented to the
blind woman a ready made SPA making her believe that said document
involved only her taxes; the accused used the same to sell her propertie
• estafa: if he employed deceit to persuade the woman sign the document,
estafa has been committed
• simple crime of falsi cation of public document by attributing to a
person, who participated in an act or proceeding statements other than
those made by her: absent of any inducement such as the woman is made
to sign a document a pertaining to her taxes, but what was presented to her
fro her signature was an SP
• there was no fraud or deceit employed: the fact the A was terminally-ill and
dying when he signed the note will not mean that X was already defrauding
hi
B. By resorting to some fraudulent practice to insure success in a gambling

game
C. By removing, concealing or destroying, in whole or in part, any court

record, of ce les, document or any other papers
Elements
1. that there be court record, of ce les, documents or any other papers
2. that the offender removed, concealed or destroyed any of them
3. that the offender had intent to defraud anothe
Article 226 of the Revised Penal Code: Any public of cer who shall remove, destroy
or conceal documents or papers of cially entrusted to him shall be held liable for

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COLOSSIANS 3:23
THAN FOR PEOPLE."
"in delity of the custody of documents under Article 226"; the public of cer must
be entrusted with the custody of the public document and there must be "no intent to
defraud"
• Article 315 (c); estafa it can be committed by "private individual" or "a
public of cer" who is not of cially entrusted with the documents; intent to
defraud is an element of this crime
Article 316. Other forms of swindling. -

- The penalty of arresto mayor in its minimum and medium period and a ne of not less
than the value of the damage caused and not more than three times such value, shall
be imposed upon
1. Any person who, pretending to be owner of any real property, shall
convey, sell, encumber or mortgage the same
Elements
1. that the thing be immovable, such as a parcel of land or a building
2. that the offender who is not the owner of said property should
represent that he is the owner thereof
3. that the offender should have executed an act of ownership (selling,
leasing, encumbering, or mortgaging the real property)
4. that the act be made to the prejudice of the owner or a third person
ARTICLE 315 ARTICLE 316 (1)
defrauding another by falsely pretending defrauding another by falsely pretending

to possess property sold executed prior to be the owner of real property sold
to or simultaneous with the commission constitutes the crime of other from of
of fraud swindling under Article 316
selling a non-existing real property if the real property is existing, but the
accused in selling pretended to be the
owner thereof
if a person pretends to be the owner of a induced his father to buy a land

"personal property" previously owned by him
2. Any person, who, knowing that real property is encumbered, shall

dispose of the same, although such encumbrance be not recorded.
(EXPRESS REPRESENTATION that the property is free from
encumbrance
Elements
1. the the thing disposed of be real property

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COLOSSIANS 3:23
THAN FOR PEOPLE."
2. that the offender knew that the real property was encumbered,
whether the encumbrance is recorded or not
3. there must be express representation by the offender that the real
property is free from encumbrance
4. that the act of disposing of the real property be made to the damage of
anothe
• express representation: disposes the same with the express

representation that it is free from encumbrance despite knowing that it is
encumbered; for one to be criminally liable for estafa under the law, the
accused must make an express representation in the deed of
conveyance that the property sold or dispose is free from any
encumbranc
• implied representation: not liable for Article 316 (2): the owner, who
disposes of his encumbered real property as if it is free from
encumbrances, is not liable fro other from of swindling- only liable for
other forms of decei
ARTICLE 316 (1) ARTICLE 316 (2)
the false representation pertains to false representation in paragraph 2

ownership; the accused who is not the pertains to non-encumbrance; the
owner of the real property, represents accused who is the owner of the real
that he owned the property property, expressly represents in the
deed of conveyance that the property is
free from encumbrance
As a security fro a 10k loan which X

received from Y, X executed a deed of
chattel mortgage on his house in favor of
y, in which deed X claimed that the house
was free from all liens and
encumbrances: to commit this crime, the
property disposed or mortgaged with
express representation of encumbrance
free must be a "real property"
3. The owner of any personal property who shall wrongfully take it from its
lawful possessor, to the prejudice of the latter or any third person
Elements
1. that the offender is the owner of personal property

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COLOSSIANS 3:23
THAN FOR PEOPLE."
2. that said personal property is in the lawful possession of another

3. that the offender wrongfully takes it from its lawful possessor
4. that prejudice is thereby caused to the possessor or third perso
• personal property: the property taken must be a "personal property" and not a "real
property
THEFT SWINDLING THROUGH TAKING
the offender must not be the owner of the the offender must be the owner of the
property taken personal property
the person from whom the property was the person from whom the property was
taken is not important; theft is committed taken must be a lawful possessor
although the thief took the property from
the owner, lawful possessor or unlawful
possessor
in theft, the property is taken without the the property was taken to the prejudice of
consent if the owner; the owner will be the lawful possessor or a third person
prejudice by the act of the thief
4. Any person who, to the prejudice of another, shall execute any ctitious
contract
5. Any person who shall accept any compensation given him under the
belief that it was in payment of services rendered or labor performed by
him, when in fact he did not actually perform such services or labor
6. Any person who, while being a surety in a bond given in a criminal or

civil action, without express authority from the court or before the
cancellation of his bond or before being relieved from the obligation
contracted by him, shall sell, mortgage, or, in any other manner,
encumber the real property or properties with which he guaranteed the
ful llment of such obligation
Elements
1. that the offender is a surety in a bond given in a criminal or civil action
2. that he guaranteed the ful llment of such obligation with his real
property or properties
3. that he sells, mortgages, or, in any other manner encumbers said real
property

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COLOSSIANS 3:23
THAN FOR PEOPLE."
4. that such sale, mortgage, or encumbrance is (a) without express

authority from the court; or (b) made before the cancellation of his
bond, (c) before being relieved from the obligation contracted by him
Article 317. Swindling a minor. -
- Any person who taking advantage of the inexperience or emotions or feelings of a
minor, to his detriment, shall induce him to assume any obligation or to give any
release or execute a transfer of any property right in consideration of some loan of
money, credit or other personal property, whether the loan clearly appears in the
document or is shown in any other form, shall suffer the penalty of arresto mayor and
a ne of a sum ranging from 10 to 50 per cent of the value of the obligation
contracted by the minor
Elements
1. that the offender takes advantage of the inexperience or emotions or
feelings of the minor
2. that he induces such minor (1) to assume an obligation, or (2) to give
release, or (3) to execute a transfer of any property right
3. that the consideration is (1) some loan of money, (2) credit, or (3) other
personal property
4. that the transaction is to the detriment of such minor
Article 318. Other deceits. - CATCH-ALL PROVISION

- The penalty of arresto mayor and a ne of not less than the amount of the damage
caused and not more than twice such amount shall be imposed upon any person who
shall defraud or damage another by any other deceit not mentioned in the preceding
articles of this chapter
- Any person who, for pro t or gain, shall interpret dreams, make forecasts, tell
fortunes, or take advantage of the credulity of the public in any other similar manner,
shall suffer the penalty of arresto mayor or a ne not exceeding 200 pesos
Other Deceits
1. by defrauding or damaging another by any other deceit not mentioned
in the preceding Articles
2. by interpreting dreams, by making forecasts, by telling fortunes, or by
taking advantage of the credulity of the public in any other similar
manner, for pro t or gai
CATCH-ALL PROVISIO
• for one to be liable for "other deceits" underArticle 318, it is required that the
prosecution must prove the following essential elements

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1. false pretense, fraudulent act or pretense other than those in

Articles 315, 316, and 317
2. such false pretense, fraudulent act or pretense must be made or
executed prior to or simultaneously with the commission of the
fraud; an
3. as a result, the offended party suffered damage or prejudice
• it is essential that such false statement or fraudulent representation

constitutes the very cause or the only motive for the private complainant
to the part with her propert
• Article 318 v. Article 315 (imaginary): Article 318: fraudulent representation of the
seller that the van to be sold is brand new; Article 315 (imaginary): false
representation that accused has a palay by reason of which the victim has parted his
money in consideration of the pala
• Other Deceits: suppression of a material fact which a party is bound in good faith to
disclose is equivalent to "false representation": the seller of a laptop computer
who failed to inform the buyer that the laptop had defect is liable for other
decei
• seller of an antique coin worth 100: the price asked by the owner had 8.00, but by
false representations he convinced the owner to sell the coin for him for 1.0
• estafa through false pretense (imaginary transactions): Val made a written

commitment to the investors that he would buy back the gel at a higher price, then
assuring the investors of a net pro t; when the amounts to be paid by Val to the
investors reached millions of pesos, he sold all the equipment of his perfume
business, absconded with money, and is nowhere to be found; defrauded the
investors by falsely pretending to possess the business or imaginary transaction
• estafa through issuance of bouncing check: postdating check: it is important

that at the time of the POSTDATING (NOT THE MATURITY) thereof, the funds were
not suf cient to cover it; if the prosecution failed to show the insuf ciency of funds at
the date of postdating, the drawer is not liable for estafa through bouncing chec
• other deceits: fortune telling, interpreting dreams, makes forecasts, tells fortunes,
or takes advantage of the credulity of the public in any other similar manner for pro t
or gai
• failure to pay the interest is not deceit; same with rescinding a contract of sale:
allowed under the la

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Chapter Seven 
CHATTEL MORTGAG
Article 319. Removal, sale or pledge of mortgaged property. -

- The penalty or arresto mayor or a ne amounting to twice the value of the property
shall be imposed upon
1. Any person who shall knowingly remove any personal property
mortgaged under the Chattel Mortgage Law to any province or city
other than the one in which it was located at the time of the execution
of the mortgage, without the written consent of the mortgagee, or his
executors, administrators or assigns
2. Any mortgagor who shall sell or pledge personal property already

pledged, or any part thereof, under the terms of the Chattel Mortgage
Law, without the consent of the mortgagee written on the back of the
mortgage and noted on the record hereof in the of ce of the Register
of Deeds of the province where such property is located
Elements of knowingly removing mortgaged personal property
1. that the personal property is mortgaged under the Chattel Mortgage

Law
2. that the offender knows that such property is so mortgaged
3. that he removes such mortgaged personal property to any province or
city other than the one in which it was located at the same time of the
execution of the mortgage
4. that the removal is permanent
5. that there is no written consent of the mortgagee or his executors,
administrators or assigns to such remova
Elements of selling or pledging personal property already pledged
1. that the personal property is already pledged under the terms of the
Chattel Mortgage Law
2. that the offender, who is the mortgagor of such property, sells or
pledges the same or any part thereof
3. that there is no consent of the mortgagee written on the back of
the mortgage and noted on the record thereof in the of ce of the
register of deed

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• the act that constitutes the crime is "not hiding" the mortgaged vehicle from the
mortgagee out of removal thereof from the city where it was located at the time of
the execution of the mortgage contrac
• identity of the property: the property removed or repledged should be the same or
identical property that was mortgaged or pledged before such removal or pledgin
• registration of Chattel Mortgage is indispensable: selling an unregistered

mortgage property is not a violation of Article 318 of the Revised Penal Code; the
Deed of Mortgage must be valid, otherwise, Article 318 cannot be violate
double sale of double sale of double mortgage double mortgage

real property personal porperty of real property of personal
property
constitutes other constitutes estafa constitutes other constitutes the

form of swindling, through false form of swindling crime of mortgage
under par. 1 of pretense under under paragraph 2 of a mortgaged the
Article 317 since at Article 315 since of Article 317 if the property under
the time of the 2nd the accused falsely owner of the real Article 319; what is
sale the accused is pretending to property made an prohibited under
not anymore the possess the e x p r e s s Article 319 is not
owner of the property when he representation in only sale or pledge
property; sold it to the buyer the second of a mortgage
under the second mortgage that the property but also
the accused sale when in fact same is free from mortgage of a
pretended that he that property is encumbrance m o r t g a g e d
is still the owner of already owned by despite the because the
the property when the buyer in the 1st existence of the 1st Spanish text of this
he sold it for the sale mortgage uses the word
2nd time when in "hipoteca"
fact the owner
thereof is the buyer
under the 1st sale
P.D. 1613: Law on Arso

Chapter Eight 
ARSON AND OTHER CRIMES INVOLVING DESTRUCTION

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Article 320. Destructive arson. -

- The penalty of reclusion temporal in its maximum period to reclusion perpetua shall
be imposed upon any person who shall burn
1. Any arsenal, shipyard, storehouse or military powder or reworks factory, ordinance,
storehouse, archives or general museum of the Government
2. Any passenger train or motor vehicle in motion or vessel out of port
3. In an inhabited place, any storehouse or factory of in ammable or explosive
materials
Article 321. Other forms of arson. -
When the arson consists in the burning of other property and under the circumstances
given hereunder, the offender shall be punishable
1. By reclusion temporal or reclusion perpetua
- (a) if the offender shall set re to any building, farmhouse, warehouse, hut, shelter,
or vessel in port, knowing it to be occupied at the time by one or more persons
- (b) If the building burned is a public building and value of the damage caused
exceeds 6,000 pesos
- (c) If the building burned is a public building and the purpose is to destroy evidence
kept therein to be used in instituting prosecution for the punishment of violators of
the law, irrespective of the amount of the damage
- (d) If the building burned is a public building and the purpose is to destroy evidence
kept therein to be used in legislative, judicial or administrative proceedings,
irrespective of the amount of the damage; Provided, however, That if the evidence
destroyed is to be used against the defendant for the prosecution of any crime
punishable under existing laws, the penalty shall be reclusion perpetua
- (e) If the arson shall have been committed with the intention of collecting under an
insurance policy against loss or damage by re
2. By reclusion temporal
- (a) If an inhabited house or any other building in which people are accustomed to
meet is set on re, and the culprit did not know that such house or building was
occupied at the time, or if he shall set re to a moving freight train or motor vehicle,
and the value of the damage caused exceeds 6,000 pesos
- (b) If the value of the damage caused in paragraph (b) of the preceding subdivision
does not exceed 6,000 pesos
- (c) If a farm, sugar mill, cane mill, mill central, bamboo groves or any similar
plantation is set on re and the damage caused exceeds 6,000 pesos; an

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- (d) If grain elds, pasture lands, or forests, or plantings are set on re, and the
damage caused exceeds 6,000 pesos
3. By prision mayor
- (a) If the value of the damage caused in the case mentioned in paragraphs (a),(c),
and (d) in the next preceding subdivision does not exceed 6,000 pesos
- (b) If a building not used as a dwelling or place of assembly, located in a populated
place, is set on re, and the damage caused exceeds 6,000 pesos
4. By prision correccional in its maximum period to prision mayor in its medium

period
- (a) If a building used as dwelling located in an uninhabited place is set on re and
the damage caused exceeds 1,000 pesos
- (b) If the value or the damage caused in the case mentioned in paragraphs (c) and
(d) of subdivision 2 of this article does not exceed 200 pesos
5. By prision correccional in its medium period to prision mayor in its minimum period,
when the damage caused is over 200 pesos but does not exceed 1,000 pesos, and the
property referred to in paragraph (a) of the preceding subdivision is set on re; but when
the value of such property does not exceed 200 pesos, the penalty next lower in degree
than that prescribed in this subdivision shall be imposed
6. The penalty of prision correccional in its medium and maximum periods, if the
damage caused in the case mentioned in paragraph (b) of subdivision 3 of this article
does not exceed 6,000 pesos but is over 200 pesos
7. The penalty of prision correccional in its minimum and medium periods, if the damage
caused in the case mentioned paragraph (b) subdivision 3 of this article does not
exceed 200 pesos
8. The penalty of arresto mayor and a ne ranging from fty to one hundred per centum
if the damage caused shall be imposed, when the property burned consists of grain
elds, pasture lands, forests, or plantations when the value of such property does not
exceed 200 pesos. (As amended by R.A. 5467, approved May 12, 1969)
Article 322. Cases of arson not included in the preceding articles. - Cases of
arson not included in the next preceding articles shall be punished
1. By arresto mayor in its medium and maximum periods, when the damage caused
does not exceed 50 pesos
2. By arresto mayor in its maximum period to prision correccional in its minimum period,
when the damage caused is over 50 pesos but does not exceed 200 pesos
3. By prision correccional in its minimum and medium periods, if the damage caused is
over 200 pesos but does not exceed 1,000 pesos; an
4. By prision correccional in its medium and maximum periods, if it is over 1,000 pesos

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Article 323. Arson of property of small value. - The arson of any uninhabited hut,
storehouse, barn, shed, or any other property the value of which does not exceed 25
pesos, committed at a time or under circumstances which clearly exclude all danger of
the re spreading, shall not be punished by the penalties respectively prescribed in this
chapter, but in accordance with the damage caused and under the provisions of the
following chapter
Article 324. Crimes involving destruction. - Any person who shall cause destruction
by means of explosion, discharge of electric current, inundation, sinking or stranding of
a vessel, intentional damaging of the engine of said vessel, taking up the rails from a
railway track, maliciously changing railway signals for the safety of moving trains,
destroying telegraph wires and telegraph posts, or those of any other system, and, in
general, by using any other agency or means of destruction as effective as those above
enumerated, shall be punished by reclusion temporal if the commission has endangered
the safety of any person, otherwise, the penalty of prision mayor shall be imposed
Elements of crime involving destruction

1. the offender causes destruction
2. destruction is caused by any of the following means
A. explosion
B. discharge of electric current
C. inundation, sinking, or stranding of a vessel, or intentional
damaging of the engine of said vessel
D. taking up the rails from a railway track
E. maliciously changing railway signals for the safety of moving
trains
F. destroying telegraph wires and telegraph posts, or those of
any other system
G. using any other agency or means of destruction as effective
as those above enumerate
Article 325. Burning one's own property as means to commit arson. -

- Any person guilty of arson or causing great destruction of the property belonging to
another shall suffer the penalties prescribed in this chapter, even though he shall
have set re to or destroyed his own property for the purposes of committing the
crime
Article 326. Setting re to property exclusively owned by the offender. -

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- If the property burned shall be the exclusive property of the offender, he shall be
punished by arresto mayor in its maximum period to prision correccional in its
minimum period, if the arson shall have been committed for the purpose of
defrauding or causing damage to another, or prejudice shall actually have been
caused, or if the thing burned shall have been a building in an inhabited place
Article 326-A. In cases where death resulted as a consequence of arson. -
- If death resulted as a consequence of arson committed on any of the properties and
under any of the circumstances mentioned in the preceding articles, the court shall
impose the death penalty
Article 326-B. Prima facie evidence of arson. -
- Any of the following circumstances shall constitute prima facie evidence of arson
1. If after the re, are found materials or substances soaked in gasoline, kerosene,
petroleum, or other in ammables, or any mechanical, electrical chemical or
traces or any of the foregoing
2. That substantial amount of in ammable substance or materials were stored
within the building not necessary in the course of the defendant's business; an
3. That the re started simultaneously in more than one part of the building or
locale under circumstances that cannot normally be due to accidental or
unintentional causes: Provided, however, That at least one of the following is
present in any of the three above-mentioned circumstances
A. That the total insurance carried on the building and/or goods is more than 80
per cent of the value of such building and/or goods at the time of the re
B. That the defendant after the re has presented a fraudulent claim for loss
- The penalty of prision correccional shall be imposed on one who plants the articles
above-mentioned, in order to secure a conviction, or as a means of extortion or
coercion. (As amended by R.A. 5467, approved May 12, 1969)
Chapter Nine 
MALICIOUS MISCHIE
Article 327. Who are liable for malicious mischief. -

- Any person who shall deliberately cause the property of another any damage not
falling within the terms of the next preceding chapter shall be guilty of malicious
mischief

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Elements of malicious mischief

1. that the offender deliberately caused damage to the property of
another
2. that such act does not constitute arson or other crimes involving
destruction
3. that the act of damaging another's property be committed merely for
the sake of damaging it
• note: this third element presupposes that the offender acted due hate, revenge or
other evil motiv
Article 328. Special cases of malicious mischief. -

- Any person who shall cause damage to obstruct the performance of public functions,
or using any poisonous or corrosive substance; or spreading any infection or
contagion among cattle; or who cause damage to the property of the National
Museum or National Library, or to any archive or registry, waterworks, road,
promenade, or any other thing used in common by the public, shall be punished
4.
5.
the special cases of malicious mischief are

1. causing damage to obstruct the performance of public functions
2. using any poisonous or corrosive substance
3. spreading any infection or contagion among cattle
4. causing damage to the property of the National Museum or National
Library, or to any archive or registry, waterworks, road, and
promenade, or any other thing used in common by the publi
Article 329. Other mischiefs. -
- The mischiefs not included in the next preceding article shall be punished
1. By arresto mayor in its medium and maximum periods, if the value of the
damage caused exceeds 1,000 pesos
2. By arresto mayor in its minimum and medium periods, if such value is
over 200 pesos but does not exceed 1,000 pesos; an
3. By arresto menor or ne of not less than the value of the damage caused
and not more than 200 pesos, if the amount involved does not exceed 200
pesos or cannot be estimated
Article 330. Damage and obstruction to means of communication. -

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- The penalty of prision correccional in its medium and maximum periods shall be
imposed upon any person who shall damage any railway, telegraph or telephone
lines
- If the damage shall result in any derailment of cars, collision or other accident, the
penalty of prision mayor shall be imposed, without prejudice to the criminal liability of
the offender for the other consequences of his criminal act
- For the purpose of the provisions of the article, the electric wires, traction cables,
signal system and other things pertaining to railways, shall be deemed to constitute
an integral part of a railway system
Article 331. Destroying or damaging statues, public monuments or paintings
- Any person who shall destroy or damage statues or any other useful or ornamental
public monument shall suffer the penalty of arresto mayor in its medium period to
prision correccional in its minimum period
Any person who shall destroy or damage any useful or ornamental painting of a public
nature shall suffer the penalty of arresto menor or a ne not exceeding 200 pesos, or
both such ne and imprisonment, in the discretion of the court
Chapter Ten 
EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERT
Article 332. Persons exempt from criminal liability. -

- No criminal, but only civil liability, shall result from the commission of the crime of
theft, swindling or malicious mischief committed or caused mutually by the following
persons
1. Spouses, ascendants and descendants, or relatives by af nity in the same
line
2. The widowed spouse with respect to the property which belonged to the
deceased spouse before the same shall have passed into the possession of
another; an
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together
- The exemption established by this article shall not be applicable to strangers

participating in the commission of the crime
crimes involved in the exemption

1. theft
2. swindling (estafa)
3. malicious mischie
Article 333. Who are Guilty of Adultery. —

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- Adultery is committed by any married woman who shall have sexual intercourse
with a man not her husband and by the man who has carnal knowledge of her,
knowing her to be married, even if the marriage be subsequently declared void
- Adultery shall be punished by prisión correccional in its medium and maximum
periods
- If the person guilty of adultery committed this offense while being abandoned without
justi cation by the offended spouse, the penalty next lower in degree than that
provided in the next preceding paragraph shall be imposed
Elements
1. that the woman is married
2. that she has sexual intercourse with a man not her husband
3. that as regards the man with whom she has sexual intercourse, he
must know her to be marrie
• Sexual intercourse: Each sexual intercourse constitutes a crime of adultery.

Adultery is not a continuous crime since the two (2) adulterous acts were not
committed under a single criminal impulse
• Adultery committed by married man and woman: a man who underwent sexual
reassignment cannot commit adultery since he is not a woman; between a
transgender and the offended party is invalid.
• Homosexual relationship: a married woman, for having homosexual intercourse

with another woman, is not liable for adultery since the secondary offender is not a
woma
• No carnal knowledge: a man, who had no carnal knowledge that the woman was
married, is not liable for adultery; woman is still liable without regard to the guilt of
the ma
• Institution of complaint: after the husband institutes the prosecution against both
in his complaint, the prosecution may move for a dismissal of the complaint as to the
paramour if the guilty knowledge cannot be establishe
• Acquittal of the paramour can prevent the conviction of the wife of the offended party
on the ground of indivisibility is untenabl
• The case will still prosper even if the marriage was subsequently declared
void: the offended spouse must institute the criminal action for adultery before the
marriage is declared null and void; the criminal action instituted after the declaration
of nullity of the marriage will be dismissed since compliance with the rule regarding
the institution of criminal action by the offended spouse is jurisdictiona
ARTICLE 334. Concubinage. —

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- Any husband who shall 1-keep a mistress in the conjugal dwelling, or, shall have
sexual intercourse, 2-under scandalous circumstances, with a woman who is not his
wife, or 3-shall cohabit with her in any other place, shall be punished by prisión
correccional in its minimum and medium periods
- The concubine shall suffer the penalty of destierro
• Scandalous circumstances: are not necessary to make him guilty of said crime;
only when the mistress is kept elsewhere that “scandalous circumstances” become
an element of the crim
• cohabitation: dwell together for some period of time; *in addition to sexual
intercourse, cohabitation, maintaining a mistress in a conjugal dwelling or
scandalous circumstance is indispensable to commit the crime of concubinag
• meeting at least once a week in a place where they can be alone together is not
enough to satisfy the requirement of cohabitation, maintaining a mistress, or
scandalous relationshi
• hired a private investigator to spy his husband: the investigator took a photo
(husband and another woman having sexual intercourse) in a ve-star hotel; not
enough to prosecute the man with concubinage; RA No. 9995 (Anti-Photo and
Video Voyeurism Act
Adultery v. Concubinag
Adultery Concubinage
is committed by a married woman; is committed by the husband of the

however, the man other that her offended party; however, the concubine is
husband, who has carnal knowledge of also liable for concubinage if she is
her, knowing her to be married is also aware that the husband of the offended
liable for adultery party is married
the prohibited act in adultery vis the Sexual intercourse is an element of

sexual intercourse between a married concubinage, but sexual intercourse
woman and a man, who is not her between the married man and a woman
husband. other that his wife is not per se
constitutive of the crime of concubinage;
to commit concubinage, the element of
cohabitation maintaining a mistress, or
scandalous relationship must also be
present
• Married another woman in Singapore and cohabited in the Philippines:

cannot be prosecuted for “bigamy”, but can be prosecuted for “concubinage
• NOW UNDER ARTICLE 266-A: CRIMES AGAINST PERSON

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see RA No. 8353 and Article 266 of the Revised Penal Cod
ARTICLE 335. When and How Rape is Committed. — Rape is committed by having
carnal knowledge of a woman under any of the following circumstances:
1. By using force or intimidation
2. When the woman is deprived of reason or otherwise unconscious; an
3. When the woman is under twelve years of age, even though neither of the
circumstances mentioned in the two next preceding paragraphs shall be present
The crime of rape shall be punished by reclusión temporal
Elements of rape under paragraph 1

1. that the offender is a man
2. that the offender had carnal knowledge of a woman
3. that such act is accomplished under any of the following
circumstances
A. by using force or intimidation; o
B. when the woman is deprived of reason or otherwise
unconscious; o
C. by means of fraudulent machination or grave abuse of
authority; o
D. when the woman is under 12 years of age or demente
Elements of rape under paragraph 2

1. that the offender commits an act of sexual assault
2. that the act of sexual assault is committed by any of the following
means
A. by inserting his penis into another person's mouth or anal
ori ce; o
B. by inserting any instrument or object into the genital ori ce
of another person
3. that the act of sexual assault is accomplished under any of the
following circumstances
A. by using force or intimidation

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B. when the woman is deprived of reason or otherwise

unconscious; o
C. by means of fraudulent machination or grave abuse of
authority; o
D. when the woman is under 12 years of age or demented
• Carnal knowledge: is de ned as the act of a man having sexual intercourse or
sexual bodily connection with a woma
• Consent: where a man takes hold of a woman against her will and she afterward
consent to intercourse before the act is committed, his act is not rap
• Where the female consents, but then withdraws her consent before penetration,
and the act is accomplished by force, it is rape; and where a woman offers to
allow a man to have intercourse with her on certain conditions, but accomplishes
the act without her consent, he is guilty of rap
• Consent after the consummation of rape: assuming that the victim consented
to the sexual act when she woke up, the accused is still liable for rape; it has
already been consummated, and thus, consent given after the consummation of
the act is not of character to exclude the concept of the crime of rap
• No traces of struggle: might result to the intimidation made by the accuse
• Lack of resistance does not negate rape: especially when the victim is
unconscious, deprived of reason, manipulated, demented, or young in either
mental or chronological ag
• Moral ascendancy and in uence over the victim: is a substitute r the
requisite force, threat, and intimidation, and strengthen the fear which compels
the victim to conceal her dishono
• Mentally retarded: having sexual intercourse with a mental retarded or
demented person is equivalent to employing intimidation; proof of intimidation or
force is immaterial in the crime of rap
• Deaf-mute: having sexual intercourse with a deaf-mute is not rape of woman
deprived of reaso
• Insane person: rape of a person deprived of reaso
• Mental retarded is not a demented person: information alleged the victim of
rape is demented, but the victim merely proves mental retardation, the accused
cannot be convicted of rape of a demented person unless the accused the
accused failed to raise the mistake in the information as an objectio
• Statutory rape: child under 12 years old: the child victim’s consent in statutory
rape is immaterial because the law presumes that her young age makes her
incapable of discerning good from evi

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• Celebration of her 12th birthday: statutory rape is not committed since the girl is
exactly 12 years of age, and not under 12 years of ag
• Age in statutory rape: includes both mental and chronological ag
• Mental retardation: consent is not recognized by la
1. Idiot, whose mental age is 2 years old because his iq is 0-19
2. Imbecile, whose mental age is 7 years old because his iq is 20-49
3. Moron or feeble-minded, whose mental age is 12 years old because his iq is
50-69; an
4. A person with borderline intelligence because his iq is 70-89 (will not qualify as
statutory rape
• Carnal knowledge of a woman, who is mental retardate, is rap
• People v. Pusing: Section 5 (b); RA No. 7610: there is no difference between
the actual age and mental ag
• Exempting circumstance under Art. 12: mental age of the accused and not the
chronological age (idiots and imbecile); Under RA No. 9344: the chronological
age and not the mental age of the victim is importan
• Fraudulent machinations: any consent he or she gives either false or not his or
her own. Any lack of resistance may not be interpreted as voluntarines
• Grave abuse of authority: rape; having sexual intercourse with a minor or a
virgin with abuse of authority
• Untenable defense
2. Lack of medical examination
3. Lack of sperm
4. Immoral character
5. Place and time
6. Sweetheart Theor
• Medical examination of the victim: not indispensable; testimony of the victim

alone, if credible, is suf cien
• Lack of Sperm: like how a newly ruptured hymen on the part of the victim is not
an element of rape, so too is ejaculation on the part of the perpetrator not an
essential ingredient of the crim

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• Immoral Character: the fact that the offended party may have been unchaste
character such as a “pokpok girl” constitutes no defense in a charge of rape,
provided that the sexual act was committed with “force or violence
• Impregnation: impregnation is not an element of rape; whether the child which
the rape victim bore was fathered by the accused, or some unknown individual is
of no momen
• Sweetheart Theory: the burden of evidence is shifted to the accused, who has
to adduce evidence that the intercourse was “consensual
• 2 elements: love is not a license for lust:
1. That the accused and the victim were lovers; an
2. That she consented to the alleged sexual relation
• mentally retarded: cannot be used as a defense if the victim is mentally
retarded
• Immaterial in Section 5 (b) of R.A. No. 7610: for purposes of sexual abuse, the
sweetheart defense is unacceptable; a child exploited in prostitution or subjected
to other sexual abuse cannot validly give consent to sexual intercourse with
another perso
• RAPE THROUGH SEXUAL ASSAUL
• A male takes another male to the motel and there, through threat and
intimidation, succeed in inserting his penis into the anus of his male companio
• Swallowing the penis of a 12-year old victim is not rape through sexual
intercourse; neither is statutory act of lasciviousness since the age of the victim
is not below 12 years old; liable for acts of lasciviousness if he committed the
lascivious act through violence or intimidation; or sexual abuse under Section 5
(b) of R.A. No. 7610 if he coerced or in uenced the child; if there is no violence,
intimidation, coercion or in uence, the crime committed is child abuse under
Section 10 (b) of R.A. No. 761
• Rape through sexual intercourse: organ or penile rape: committed by a man,
by having a carnal knowledge with another woma
• Three kinds of rape by sexual assault, to wit:-gender-free rap
1. Instrument or object of rape, which is committed by inserting an
instrument or object into the genital or anal ori ce of another person
2. Rape through sexual intercourse, which is committed by inserting his
penis into another person’s mouth; an
3. Rape through sodomy, which is committed by inserting his penis into
another person’s anal ori c

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• Subsequent forgiveness by the wife: extinguishes the criminal liability of the
offender (must be the legal husband
QUALIFIED RAPE (266-B
• RELATIONSHIP OF MINORIT
• If the victim is below 7 years of age, minority is qualifying circumstance; if the
minor Is 7 years old and above, minority alone is not qualifying circumstance; to
qualify rape, the circumstance of minority must be combined with the
circumstance of relationship (parent, ascendant, step-parent, relative by af nity
or consanguinity within the 3rd civil degre
• Guardianship and minority (rape and sexual abuse under R.A. No. 7610):
the guardian must be a person who has legal relationship with his ward; he must
be legally appointed
• XPN: People v. Pusing: the SC appreciated the qualifying circumstance of
minority and guardianship in rape through sexual assault although the offender,
the common law husband of the mother of the victim, is not legal appointed as
her guardia
• Common law relationship or step-relationship and minority: qualifying
circumstance in the crime of rape/must be alleged in the informatio
• Common-law relationship v. concept of step-relationship: concept of step
relationship: mother and the victim are legally married; common law relationship:
they are not legally marrie
• Knowledge on the mental disability of the victim: quali es the crime; it must
be formally alleged in the informatio
• Rape or attempted rape with homicide: By reason or on occasion of rape
through sexual intercourse or sexual assault, consummated or attempted
homicide is committe
• Acts of lasciviousness cannot be merged with homicide to form a special
complex crime: Forcibly undressed her girlfriend, and then, he undressed
himself while blocking the door, seeing her girl sobbing, he left the room; while
outside, saw his gf’s suitor and killed him: he killed the victi
Elements
1. that the offender commits any act of lasciviousness of lewdness
2. that the act of lasciviousness is committed against a person of either
sex
3. that it is done under any of the following circumstances
4. by using force or intimidation; o
A. when the offended party is deprived of reason or otherwise
unconscious

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B. by means of fraudulent machination or grave abuse of

authority
C. when the offended party is under 12 years of age or is
demente
• The modes of, or circumstances in, committing the acts of lasciviousness are the
same as those in rape under the old version; GENDER-FREE CRIM
RAPE ACTS OF LASCIVIOUSNESS
Rape through sexual intercourse or P r i v a t e c r i m e w h i c h c a n n o t b e

sexual assault is a crime against person, prosecuted de of cio
which can be prosecuted de of cio;
Rape through sexual intercourse is Can be committed regardless of the

committed by having carnal knowledge of gender of the offender and victim
a woman; gender crime; rape through (gender-free crimes)
sexual assault (regardless of the gender)
Rape through sexual intercourse is Is committed by having lascivious

committed by having carnal knowledge of conduct upon other persons of either sex,
a woman; rape through sexual assault is which does not constitute sexual assault
committed by inserting his penis into
another person’s mouth or anal ori ce of
another person
Committed by: 1-through force, or intimidation (threat); 2-when the offended party is
deprived of reason or otherwise unconscious; and 3-when the woman is under 12
years of age or is demented. However, unlike acts of lasciviousness, rape can also
be committed by means of fraudulent machination or grave abuse of authority
Unlike acts of lasciviousness, the Having sexual intercourse through force

provisions on rape (through sexual with a gay, who underwent gender
intercourse or sexual assault) have rules reassignment
on aggravating circumstances and
special complex crime for rape
RAPE THROUGH SEXUAL ASSAULT ACTS OF LASCIVIOUSNESS
Doctrine of Absorption is not applicable in Doctrine of Absorption: rape absorbs acts

rape through sexual assault of lasciviousness

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Rape through sexual assault and rape

through sexual intercourse: inserting
lighted cigarette into the genital ori ce
and anal ori ce of the victim constitutes 2
counts of rape through sexual assault
and rape through sexual intercourse
Inserting the penis into the mouth of the

victim and into the genital ori ce
constitutes rape through sexual assault
and rape through sexual intercourse
Rape through sexual assault and rape

through sexual intercourse: materially
and substantially different/charged of
sexual intercourse but the crime proven
is rape throughs sexual assault (cannot
be prosecuted)
• Criminal touching: touching of labia majora or labia minora of the pudendum of

the victim by an erect penis of the accused capable of penetration consummates
the crim
• Consummates the crime of rape through sexual assault: touching the labia
by an instrument or object; the term “genital ori ce into which the instrument or
object must be inserted to consummate rape through sexual assault pertains to
the external parts of the pudendum including its labi
• Rape was consummated on the basis of the victim’s testimony that the
accused repeatedly tried, but in vain, to insert his penis into the vagina and in
all likelihood reached the labia of the pudendum as the victim felt his organ on
the lips of her vulva or that the penis of the accused touched the meddle part of
her vagin
• Attempted: intent to have sexual intercourse is present if it is shown that the
erectile penis of the accused is in position to penetrate or the accused actually
commenced to force his penis into the victim’s sexual orga
• Acts of lasciviousness: if the offender touches the body of the victim through
force, with lewd design but without clear intention to have sexual intercourse; B
sneaked up to the victim, grabbed her breast from behind, kissed her, and at the
same time raised her dress; at that moment, a noise was heard frightening A,
who immediately ran awa
1. The accused cannot be convicted of attempted rape because of lack of clear
intent to have sexual intercourse

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2. Kissing and undressing the victim

3. Touching her vagina by the hand of the accused
4. Rubbing his penis on the muns pubis of the pudendu
5. Taking off her clothes and compelled her to danc
6. The act of opening the zipper and buttons of AAA’s shorts, touching her, and
trying to pull her from under the bed manifested lewd design, not intent to lie with
he
7. Susceptible of double interpretation: touching her genitalia with his hands and
mashing her beasts
8. Acts of lasciviousness v. unjust vexation or slander by dee
• Attempted rape: trying to force his sex organ into mine and “binubundol-bundol ang
kanyang ari” did not prove that the accused’s penis reached the labia of the
pudendum of the victim’s vagin
• Unjust vexation: if the offender touches the body of the victim, which is not
constitutive of rape, attempted rape, or acts of lasciviousness; to be held liable for
unjust vexation, the accused must touch the body of the victim without lewd desig
• The act of pressing a cloth soaked in chemical in the mouth of the victim, which
would induce her to slee
UNJUST VEXATION ACTS OF LASCIVIOUSNESS
Annoying, irritating or vexatious act is The offender committed the act with lewd
committed without lewd design design
Must be committed without violence or Must be committed by means of force or

intimidation threat, or against a person, who is
depri ved or reason or otherw ise
unconscious or under 12 years of age
• Public place: since the accused merely massaged the left hip of the victim in a
public place (LRT station), lewd design can be ruled ou
• Disco club/ unjust vexation: while gyrating their bodies, the accused dipped his
private parts into Evelyn’s buttocks, Evelyn protested but the accused continued
and tightly embraced her; acts of lasciviousness: the music stopped, but the
accused continued to dance dirty, rubbing his private parts on Evelyn’s buttock
• Unjust vexation: even though the offender committed act with lewd design upon
the victim, if there is no force or threat, the offended party is not deprived of

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reason or otherwise unconscious or under 12 years of age, the crime committed

is not acts of lasciviousness; Peeping through a small hole: no presence of
violence or intimidatio
• Unjust Vexation: Asked the victim on a movie date, kissed her on her cheek and
stroke her pubic hair; did use threat or intimidation in committing the ac
• Slander by Deed v. Unjust Vexation: Kissing a girl and touching her breast
without lewd designs, committed by a rejected suitor to cast dishonor on the girl
was held to be “slander by deed” and “not acts of lasciviousness”; if the act
done was not in the presence of a third person, or it was perpetuated
surreptitiously, slander by deed is not committed since the element of publicity is
not present, the crime committed is unjust vexation
• Unjust vexation: embracing, dragging and kissing in front of her friend
• Direct assault: accused kissing and embraced his co-teacher while the latter
was conducting her class; presence of the student’s and within the hearing of his
co-teachers
• Section 5 of R.A. No. 7610: grati cation of sexual desire/mere fact of
squeezing the private part of the child could not have signi ed any other intention
but one having lewd or indecent design; it could not have been done merely to
annoy or vex her; not only to arouse of gratify his sexual desire but it includes
intent to abuse, humiliate, harass or degrade the child (lascivious conduct
includes touching the breast of the child with the intent to degrade, debase, or
humiliate her
QUALIFIED SEDUCTION (ARTICLE 337
Two (2) Classes of quali ed seduction

1. seduction of a virgin over 12 years and under 18 years of age by certain
persons, such as, a person in authority, priest, teacher, etc., an
2. seduction of a sister by her brother, or descendant and her ascendant,
regardless of her age or reputatio
Elements of a quali ed seduction of a virgin
1. that the offended party is a virgin, which is presumed if she is
unmarried and of good reputation
2. that she must be over 12 and under 18 years of age
3. that the offender has sexual intercourse with her

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4. that there is abuse of authority, con dence or relationship on the part

of the offender
• There is abuse of authority, con dence or relationship on the part of the offende
• Three Classes of Offenders in the crime of quali ed seduction
1. Those who abuse their authority in seducing the woman such person in authority,
guardian, teacher, or a person entrusted in any capacity with her education or
custody
2. Those who abuse con dence reposed on them by the woman seduced such as
priest, house-servant, or domestic; an
3. Those who abuse their relationship with the woman seduced such as those, who
seduced their sister or descendan
• Teacher: even if the accused is not the teacher of the offended party, but they
belong to the same schoo
• Teacher in the same school where the student was studying: sexual intercourse
in the stockroom and the student became pregnant; consent of the victim which is
obtained through seducement or abuse of authority is not a defens
• Domestic for the purpose of quali ed seduction: refers to persons usually living
under the same roof, pertaining to the same hous
• Ascendant or brother: elements of minority and virginity are dispensed with;

incestuous relationship; the relationship of the offender and the victim must be by
consanguinity and need not be legitimat
• Concept of Virginity/legal virginity: virginity as an element of simple abduction

and quali ed seduction pertains to legal virginity; as long as the girl is of good
reputation, she is virgin in the eyes of la
• Consent: of the woman seduced to the sexual intercourse with the offender:
not a defense in quali ed seduction; it is committed even though no deceit
intervenes or even when such carnal knowledge was voluntary on the part of the
virgi
Article 338. Simple seduction. -
- The seduction of a woman who is single or a widow of good reputation, over twelve
but under eighteen years of age, committed by means of deceit, shall be punished by
arresto mayor
Elements
1. that the offended party is over 12 and under 18 years of age

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2. that she must be of good reputation, single or widow

3. that the offender has sexual intercourse with her
4. that it is committed by means of decei
• Offended party: if she is under 12 years of age, having sexual intercourse with her
is statutory rap
• Virginity: not essential; simple seduction is not synonymous with loss of virginity; it
is only necessary that the complainant be an unmarried woman and chaste life and
good reputatio
• Ignorance of his unchaste reputation (16 years old woman): the fact that the
man may have considered her a person of good reputation does not seem to
change the rule; his ignorance of her previous immoral and unchaste practices
cannot make her reputation good in the eyes of law (it was later found out that the
woman had illicit relations with other men); the man is not guilty of simple seductio
• Lewd design is an indispensable element of acts of lasciviousness: must be

alleged in the information; otherwise, it would only constitute unjust vexation;
however, in the crime of rape and simple seduction: lewd design need not be
allege
• Crime of simple seduction: lewd design is inherent in the very act itself of having
sexual intercourse with a chaste woman over 12 and under 18 years of age under a
false promise of marriag
• Deceit must be alleged in the information (there must be a causal connection

between the deceit or promise to marry and sexual intercourse): the cause and
effect cannot be considered as present if the promise to marry was made AFTER
THE SEXUAL INTERCOURSE (it should be made before the sexual
intercourse);
• Only essential in simple seduction, but need not be proved or established in a

charge of quali ed seduction: it is replaced by abuse of con dence, authority, or
relationship (offender is a public of cer, a priest or minister, a servant, a domestic,
tutor, teacher or under any title is in charge of the education of keeping of the
offended woman
• Marriage: extinguishes the criminal liability in the crime of simple seductio

• Proof of speci c acts constituting deceit committed by the accused to seduce
the woman to give in to his lustful desire: required in simple seduction; not
required in quali ed seductio
SEDUCTION RAPE ACTS OF SEXUAL

LASCIVIOUSN ABUSE
ESS

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GRAVAME Consent of the Made without Made without The essence

N o t e : offended party is the consent the consent of of sexual
consent of a obtained through of the the offended abuse under
p e r s o n seducement offended party Section 5 of
under 12 party R.A. No. 7610
years of is having
a g e , s e x u a l
demented or intercourse of
m e n t a l lascivious
retarded is conduct with
n o t a child under
recognized coercion or
by law in uence
MINORITY Seduction or consented acts of lasciviousness; seduced woman

must be over 12 years old and under 18 years old (favorable to the
accused: on her 12th birthday still falls within the ambit of seduction);
Quali ed seduction or consented acts of lasciviousness
involving relationship between the seducer and the seduced,
minority and virginity is not an element-must be under 12, otherwise, it
would be statutory rape or acts of lasciviousnes
Statutory rape: The victim must be under 12 years of age
VIRGINITY Quali ed seduction: victim must be virgin;

xpn: seduction quali ed by relationship; simple seduction: must be of
good reputatio
concept of virginity: legal virginity
• Consent of the victim obtained through seducement is not a defense in

quali ed seduction (courter a 14-year old virgin); teacher threatened the student to
unk her, so she agreed to have a sexual; intercourse with him (rape through grave
abuse of authority)
• Swimming instructor undressed her 14-year old student, shaved the pubic hair
and performed cunnilingus; told her to simple pretend that he is her
boyfriend; he forced her to hold and squeeze his penis: sexual abuse under
R.A. No. 7610 because he employed moral and psychological coercion on his minor
studen
• Section 5 (b) of R.A. No. 7610 against a 17-year old student: he threatened the
student to end the relationship if she will not have a sexual intercourse with him;
used his moral ascendancy to secure the victim’s consent: it was proven that
the accused exerted who was the minor’s professor obtained the minor’s consent by
taking advantage of his relationship and moral ascendancy to exert in uence on her

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• promise to marry (either sexual abuse or simple seduction): having sexual

intercourse through deceit (promise to marry or entering into a fake marriage)
constitutes simple seduction or sexual abus
• sexual abuse (Section 5; RA No. 7610): considered the assurance of love,

guarantee that she would not be pregnant by using the "withdrawal method"
and the promise to marry as "psychological coercion" and "in uence"
• quali ed seduction/simple seduction/sexual abuse: the accused shall be

conviction for the graver crime of sexual abus
Article 339. Acts of lasciviousness with the consent of the offended party. -
- The penalty of arresto mayor shall be imposed to punish any other acts of
lasciviousness committed by the same persons and the same circumstances as
those provided in Articles 337 and 338
Elements
1. that the offender commits acts of lasciviousness or lewdness
2. that the acts are committed upon a woman who is virgin or single or
widow of good reputation, under 18 years of age but over 12 years, or
a sister or descendant regardless of her reputation or age
3. that the offender accomplishes the acts by abuse of authority,
con dence, relationship, or decei
Article 340. Corruption of minors. -
- Any person who shall promote or facilitate the prostitution or corruption of persons
underage to satisfy the lust of another, shall be punished by prision mayor, and if the
culprit is a pubic of cer or employee, including those in government-owned or
controlled corporations, he shall also suffer the penalty of temporary absolute
disquali cation. (As amended by Batas Pambansa Blg. 92)
Article 341. White slave trade. -
- The penalty of prision mayor in its medium and maximum period shall be imposed
upon any person who, in any manner, or under any pretext, shall engage in the
business or shall pro t by prostitution or shall enlist the services of any other for the
purpose of prostitution (As amended by Batas Pambansa Blg. 186.
acts penalized as white slave trade. they are

1. engaging in the business of prostitution

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2. pro ting by prostitution

3. enlisting the services of women for the purpose of prostitutio
Meaning of Abduction: by abduction is meant the taking away of a woman from her
house or the place where she may be for the purpose of carrying her to another place
with intent to marry or to corrupt he
two kinds of abduction

1. forcible abduction; an
2. consented abductio
Chapter Four 
ABDUCTIO
Article 342. Forcible abduction. -
- The abduction of any woman against her will and with lewd designs shall be punished
by reclusion temporal
- The same penalty shall be imposed in every case, if the female abducted be under
twelve years of age
Elements
1. that the person abducted is any woman, regardless of her age, civil
status, or reputation
2. that the abduction is against her will
3. that the abduction is with lewd design
crimes against chastity where age and reputation of the victim are immaterial
1. acts of lasciviousness against the will or without the consent of the
offended party
2. quali ed seduction of sister or descendant
3. forcible abductio
• murder and not kidnapping: accused abducted and transported the victim to a place
suitable for killing, and thereafter, the victim was killed; not kidnapping since the
deprivation of liberty is merely incidenta
• forcible abduction is absorbed in the crime of rape: accused abducted and
transported the victim to a place suitable for raping her, and thereafter, the victim was
rape

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• kidnapping with homicide: accused abducted the victim and transported the victim
to a safe house for the purpose of killing him, and detained him therein for an
appreciable period of time, and thereafter, the victim was kille
rape through forcible abduction v. kidnapping with rape:
• rape through forcible abduction: for the purpose of raping the victim transported her
to a house or motel, or a place at an appreciable distance or detained her for "an
appreciable period" and thereafter, the victim was raped (purposely done to rape her
• kidnapping with rape: where the accused kidnapped and detained the victim "not for
the purpose of raping her, but the victim was subsequently raped (rape was just an
afterthought
• lewd design: element of forcible abduction and consented abduction; lewd design
must be present at the precise moment that the accused abducted the victi
• evidence of lewd design: kissing the victim, touching her thighs, and lifting her skirt
immediately after abduction; or forcibly embracing her, and handling her against her
wil
• illegal detention if committed without lewd design: the accused proposed to marry
the victim but was rejected for several times, so he decided to forcibly abduct the
victim, kissed her several times while holding her arms to prevent her from running
away (where the victim is female: the crime committed is kidnapping and serious
illegal detention since it is a qualifying circumstance
• if the charge is forcible adduction and the crime proven is kidnapping and
serious illegal detention: the accused shall be convicted of the lesser crime of
forcible abductio
Chapter Five 
PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE ELEVEN
Article 344. Prosecution of the crimes of adultery, concubinage, seduction,

abduction, rape and acts of lasciviousness. -
- The crimes of adultery and concubinage shall not be prosecuted except upon a
complaint led by the offended spouse
- The offended party cannot institute criminal prosecution without including both the
guilty parties, if they are both alive, nor, in any case, if he shall have consented or
pardoned the offenders
- The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be

prosecuted except upon a complaint led by the offended party or her parents,
grandparents, or guardian, nor, in any case, if the offender has been expressly
pardoned by the above named persons, as the case may be

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- In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the
offender with the offended party shall extinguish the criminal action or remit the
penalty already imposed upon him. The provisions of this paragraph shall also be
applicable to the co-principals, accomplices and accessories after the fact of the
above-mentioned crimes
PROSECUTION OF SEDUCTION, ABDUCTION, OR ACTS OF LASCIVIOUSNES

2 pre-condition or requisites to prosecute the offenders in seduction, abduction
or acts of lasciviousness, to wit
1. offended party or her parents, grandparents, or guardian must led a

complaint of seduction, abduction, and acts of lasciviousness; an
2. offended party or her parents, grandparents, or guardian must not have

expressly pardoned the offende
• private crimes: cannot be prosecuted de of cio; (adultery, concubinage, seduction,

abduction, or acts of lasciviousness); cannot be prosecuted upon the information of
the scal; xpns: white slavery and corruption of minor
• bigamy: is not a crime against chastity, hence can be prosecuted de of cio; note
however that under Section 16 of Rule 110-only the offended party may intervene by
counsel in the prosecution of the offens
• rape: classi ed as a crime against persons; pardon by the offended party of the
offender in the crime of rape will not bar prosecution; the parents or any other person
can le the complaint for rape since this is a public crim
• consent: adultery and concubinage v. seduction, abduction or acts of lasciviousness:
not a bar to prosecute the offender for this crime; it may only be considered as a
defense if the same negates the element an element of this crime such as "force or
intimidation" in acts of lasciviousness or "against the will" on forcible abductio
• note: consent is not a defense in other cases such as consent given by the offended
party under 12 years of age or by a demented or mentally retarded victim in acts of
lasciviousnes
• pardon: seduction, abduction, or acts of lasciviousness must be expressly and made
subsequent to the commission of the crime but prior to the institution of the criminal
actio
• if made after the institution of the criminal action: does not prohibit the
continuance of a prosecution; neither does the rule order the dismissal of the said
case by reason of such pardo
• reason for the rule: true aggrieved party in a criminal prosecution is the People of the
Philippines whose collective sense of morality, decency, and justice has been

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outraged; once led, control of the prosecution for a crime against chastity is removed
from the offended party's hand
PRIVATE PARDON EXECUTIVE PARDON
pardon given by o ended party in favor Pardon mentioned in Article 89 of the

of the o ender is a bar to criminal RPC, which is a mode of extinguishing
prosecution of seduction, abduction, or criminal liability, pertains to that given by
acts of lasciviousness; but it is not a the president in the exercise of
mode of extinguishing criminal liability pardoning power under Section 19, Art.
7 of the 1987 Phil. Constitution
as a bar to criminal prosecution of as a mode of extinguishing criminal

seduction, abduction, or acts of liability must be given by the President
lasciviousness must be made prior to the after the nality of judgment after the
institution of the criminal action nality of judgment of conviction
• Exclusive right of an adult victim cannot le a complaint or to pardon: if the

victim of seduction, abduction, or the acts of lasciviousness is an adult, she has the
exclusive right to le a complaint against the offender or to expressly pardon him;
the parents of an adult victim cannot le a complaint for a private crime against the
offende
• concurrent right of minor and her parents to complain: if the victim of seduction,
abduction, or acts of lasciviousness is a minor, either she or her parents can le can
le a criminal complaint against the offende
• where the offended party, who is a minor, fails to le a complaint, her

parents, grandparents, or guardian may le the sam
• still considered as a minor: 20 years of age who was found to have the
mentality of a 20-year old girl, could likewise le a complaint independently of
her relatives; her complaint can be considered led by a mino
• if the minor victim does not want to le a complaint against the

offender, her parents may do so under the obligation to render protection to
those under their powerful and lawful guardianship and to present them in the
exercise of all the actions which may redound to their bene
• collective right of the minor and her parents to pardon: pardon given by the
minor victim without the concurrence of her parents or guardian will not effectively
bar the criminal prosecution of the offender for seduction, abduction, or acts of
lasciviousness unless the minor has no parent or guardian or they are dead
incapacitate

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• concurrent right of the parents to complain: (seduction, abduction or acts of

lasciviousness): victim is minor or incompetent, either the mother or the father can
le a complaint against the offende
• father's passivity: the complaint eld by the mother was a suf cient compliance
with the law; the father's passivity should not preclude the mother from securing
redress for the outrage committed against her daughte
• exclusive and successive rights of the parents, grandparents, guardians to

complain: the right to le action granted to parents, grandparents, or guardian shall
be exclusive of all other persons and shall be exercised successively in the orders
herein provided. If the offended party dies or become incapacitated before she can
le the complaint, and she has no known parents, grandparents or guardian, the
State shall initiate the criminal action in her behal
• rule on succession: does not apply to adultery or concubinage (only the offended
spouse in adultery and concubinage, and no other, is authorized by law to initiate the
action therefo
• guardian: refers to a guardian legally appointed by the "court
adultery and concubinage seduction, abduction and acts of

lasciviousness
express or implied pardon or consent, by the offended party or her parents,

the offended spouse is a bar to criminal grandparents, guardian or State must le
prosecution a complaint
the offended spouse mist include both is not applicable in seduction, abduction,
guilty parties in the complaint or acts of lasciviousness because there is
generally only one guilty party
consent or express or implied pardon by express pardon by offended party or her

the offended party is bar to criminal parents, grandparents, pr guardian is bar
prosecution to criminal prosecution
• no circumstance that will bar criminal prosecution for rape: since rape is now a
crime against person, complaint by the offended party, or her parents, grandparents,
or guardian is not anymore necessary to prosecute rape; pardon by the offended
party or her parents, grandparents, or guardian is not a bar to criminal prosecution
for rap
• marriage in seduction, abduction, or acts of lasciviousness: marriage of the

penalty already imposed upon him; the provisions of this paragraph shall also be

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applicable to the co-principals, accomplices, and accessories after the fact of

the above-mentioned crimes
• marriage in rape: subsequent marriage between the offender and the offended
party shall extinguish criminal action or criminal penalty; however, there is no rule
under Article 266-C that such marriage will also extinguish the criminal liability
arising from rape of the co-principal, accomplice or accessor
• valid marriage: seduction. abduction, acts of lasciviousness and rape: the crime
shall not be extinguished or the penalty shall not be abated if the marriage is "void
ab initio
• marriage in bad faith: marriage extinguished the criminal liability unless it is

entered into in bad fait
• circumstance that will bar criminal prosecution (pardon): must be present

before the institution of criminal cases while the circumstance that will
extinguish criminal liability may arise even during the time that the offender is
convicted by nal judgment and already serving his sentenc

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adultery and seduction, abduction rape

concubinage and acts of
lasciviousness
express or implied, pardon express pardon by the marriage is a mode of

or consent, by the offended party or her extinguishing criminal
offended spouse is a bar relative is a bar to criminal liability; pardon is neither a
to criminal prosecution, but prosecution, while mode fo extinction nor a
it is not a mode of marriage between the bar to criminal prosecution
extinguishing criminal offender and offended for being a crime against
liability or remitting the party is a mode of person
penalty extinguishing criminal
liability of, or remitting the marital rape: forgiveness
penalty imposed upon, the is a mode of
offender, his co-principal, extinguishing criminal
accomplice, or accessor liability
note: pardon as a bar to

criminal prosecution
must be made prior to
the criminal institution of
the criminal action for
seduction; such pardon
without the concurrence
of the parents of the
minor is not a bar to
criminal prosecution
Elements
1. that the offended party must be a virgin
2. that she must be over 12 and under 18 years of age
3. that the taking away of the offended party must be with her consent.
after solicitation or cajolery from the offender
4. that the taking away of the offended party must be with lewd design

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ARTICLE 345. Civil Liability of Persons Guilty of Crimes Against Chastity. —

Person guilty of rape, seduction or abduction, shall also be sentenced
1. To indemnify the offended woman
2. To acknowledge the offspring, unless the law should prevent him from so
doing
3. In every case to support the offspring
- The adulterer and the concubine in the case provided for in articles 333 and 334 may
also be sentenced, in the same proceeding or in a separate civil proceeding, to
indemnify for damages caused to the offended spouse
• the accused took turns in raping the victim: the Court should make a
determination as to whom is the father of the offspring through DNA test, and then,
order the father to acknowledge and support hi
ARTICLE 346. Liability of Ascendants, Guardians, Teachers, or Other Persons

Entrusted with the Custody of the Offended Party. —
- The ascendants, guardians, curators, teachers and any person who, by abuse
of authority or con dential relationship, shall cooperate as accomplices in the
perpetration of the crimes embraced in chapters second, third and fourth of this title,
shall be punished as principals
- Teachers or other persons in any other capacity entrusted with the education
and guidance of youth, shall also suffer the penalty of temporary special
disquali cation in its maximum period to perpetual special disquali cation
- Any person falling within the terms of this article, and any other person guilty of
corruption of minors for the bene t of another, shall be punished by special
disquali cation from lling the of ce of guardian
SPECIAL PENAL LAW
• RA NO. 7610: SPECIAL PROTECTION OF CHILDREN AGAINST CHIL ABUSE,

EXPLOITATION, AND DISCRIMINATIO
• RA NO. 9208: ANTI TRAFFICKING IN PERSONS ACT OF 200

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TITLE TWELV
Crimes Against the Civil Status of Person
CHAPTER ON
Simulation of Births and Usurpation of Civil Statu
ARTICLE 347. Simulation of Births, Substitution of One Child for Another and
Concealment or Abandonment of a Legitimate Child. —
- The simulation of births and the substitution of one child for another shall be
punished by prisión mayor and a ne of not exceeding 1,000 pesos
- The same penalties shall be imposed upon any person who shall conceal or
abandon any legitimate child with intent to cause such child to lose its civil
status
- Any physician or surgeon or public of cer who, in violation of the duties of his
profession or of ce, shall cooperate in the execution of any of the crimes
mentioned in the two next preceding paragraphs, shall suffer the penalties therein
prescribed and also the penalty of temporary special disquali cation
acts punished under Article 347

1. simulation of births
2. substitution of one child for another
3. concealing or abandoning any legitimate child with intent to cause

such child lose its civil statu
concealing or abandoning any legitimate child: in the third way of committing the
crime, 3 requisites must be present, namely
1. the child must be legitimate
2. the offender conceals or abandons such child; an
3. the offender has the intent to cause such child to lose its civil statu
• the child must be legitimate and a fully developed and living being, as the child born
not capable of living has no status, nor he can transmit any rights whatsoeve
• simulation of birth: is the tampering of the civil registry making it appear in the birth
records that a certain child was born to a person who is not his or her biological
mother, causing such child to lose his or her true identity or status ( ctitious
registration of the birth of a child

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• simulation of birth under the RPC is likewise committed by a woman, who

pretended to be pregnant when in fact she is not and on the day of the supposed
delivery takes the child of another as her ow
• Section 5; RA No. 7610 and Article 347: sold her child to a childless couple and
they caused their names to be stated in the birth certi cate of a child; this was done
in connivance with the doctor who assisted in the delivery of
• quali ed traf cking in person (Section 4 in relation to Section 6 (a) of R.A. No.
9208: if the traf cker bought the child, whose birth was simulated for prostitution,
pornography, slavery, force labor, or removal of orga
• complex crime of kidnapping and serious illegal detention through substitution of one
child for another: X (poor lady) gave birth on the same day that Y (rich lady) likewise
gave birth to a child in the same hospital; X took and substituted the child of Y to that
of her child and make it appear that she is her real biological chil
ARTICLE 348. Usurpation of Civil Status. —
- The penalty of prisión mayor shall be imposed upon any person who shall usurp
the civil status of another, should he do so for the purpose of defrauding the
offended party or his heirs; otherwise, otherwise, the penalty of prisión correccional
in its medium and maximum periods shall be imposed
• the crime is committed by one who impersonates himself to be another person to

enjoy the rights and privilege arising from the civil status arising from the civil status
of the person impersonated as a doctor, lawyer, or a rich businessman or to assume
the af liation or the parental or conjugal right of anothe
CHAPTER TW
Illegal Marriage
ARTICLE 349. Bigamy. —
- The penalty of prisión mayor shall be imposed upon any person who shall contract a
second or subsequent marriage before the former marriage has been legally
dissolved, or before the absent spouse has been declared presumptively dead by
means of a judgment rendered in the proper proceedings
elements of bigamy are:

1. the offender has been legally married
2. the rst marriage has not been legally dissolved, or in case his or her spouse is
absent, the absent spouse has not been judicially declared presumptively dead

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3. he contracts a subsequent marriage

4. the subsequent marriage would have been valid had it not been for the existence
of the rst marriage; an
5. fraudulent intention
• note: the death of the complainant after the consummation of the bigamy will not
extinguish the criminal liability of the accused for bigamy since that is not a mode
mentioned in Article 89 of the RPC; lack of legal impediment to marry his second
wife after the consummation of the crime of bigamy is not a defense since what is
important is his legal impediment at the time he married his second wif
• criminal liability shall not be extinguished by subsequent events not

mentioned in Article 89 such as subsequent declaration of nullity of rst marriage
and second marriag
ARTICLE 350. Marriage Contracted Against Provisions of Laws. —
- The penalty of prisión correccional in its medium and maximum periods shall be
imposed upon any person who, without being included in the provisions of the next
preceding article, shall contract marriage knowing that the requirements of the law
have not been complied with or that the marriage is in disregard of a legal
impediment
- If either of the contracting parties shall obtain the consent of the other by means of
violence, intimidation or fraud, he shall be punished by the maximum period of the
penalty provided in the next preceding paragraph
• criminal liability shall not be extinguished by subsequent events not

mentioned in Article 89 such as subsequent declaration of nullity of rst marriage
and second marriag
• declaration of nullity of the rst marriage subsequent to the consummation of

bigamy: not a defense whether the ground for nullity is psychological incapacity;
even before the ling of the complaint for bigam
• not a defense because of the following reasons
1. this declaration of nullity of the rst marriage subsequent to the
consummation of the crime is not a mode of extinguishing criminal liability
2. to avoid criminal liability, the declaration of the nullity of the rst marriage
must be made previous to the consummation of bigam
• voidness of the rst marriage must be declared by the court before the
celebration of the second marriage: a man can be prosecuted for bigamy even
though the rst marriage is null and void ab initio unless voidness of the rst
marriage was declared by the court before the celebration of the second marriag

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• incestuous marriage: should have rst caused the declaration of nullity of the
marriage for being incestuous before contracting a second marriag
• xpn: one who enters into a subsequent marriage without rst obtaining such judicial
declaration is guilty of bigamy; is not applicable where the parties mere signed the
marriage contract without marriage ceremony performed by a duly authorized
solemnizing of cer; the mere private act of signing a marriage contract bears no
assemblance to a valid marriage and thus, needs no judicial declaration of nullit
• declaration of nullity of second marriage either because of psychological

incapacity or lack of marriage license is not a defens
• xpn: the second marriage was celebrated one day before the issuance of the
marriage license: accused can use the voidness of the second marriage; the crime
committed is not bigamy but illegal marriag
illegal marriage v. bigamy:
• bigamy: if he fraudulently secured a Certi cate of Marriage such as

presenting a falsi ed af davit of cohabitation instead of marriage license;
• illegal marriage: if he did not fraudulently secure a Certi cate of Marriag

• using of force or intimidation to obtain consent in contracting the second
marriage: second marriage was annulled in a civil action due to force or intimidation
committed against the accused obtained his consent in entertaining such marriage,
the accused shall be acquitted in the bigamy case; if the second marriage was
annulled in civil action due to force or intimidation committed by the accused to
obtain should not be acquitted on this groun
• if the absent spouse is believed to be dead: if there is a judicial declaration of

presumptive death, the present spouse can remarry without violating the law on
bigamy; the rst marriage having been extinguished by the presumptive death of the
rst spouse cannot be considered as existing when the second marriage was
contracted as considered existing when the second marriage was contracte
• apply Article 26 of the NCC: since the rst marriage with the alien spouse is
considered dissolved, the Filipino spouse, who remarries in accordance with Section
26 of the FC, is not liable for bigam
Chapter Five 
PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE ELEVE
Article 344. Prosecution of the crimes of adultery, concubinage, seduction,

abduction, rape and acts of lasciviousness. -
- The crimes of adultery and concubinage shall not be prosecuted except upon a
complaint led by the offended spouse

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- The offended party cannot institute criminal prosecution without including both the
guilty parties, if they are both alive, nor, in any case, if he shall have consented or
pardoned the offenders
- The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be

prosecuted except upon a complaint led by the offended party or her parents,
grandparents, or guardian, nor, in any case, if the offender has been expressly
pardoned by the above named persons, as the case may be
- In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the
penalty already imposed upon him. The provisions of this paragraph shall also be
applicable to the co-principals, accomplices and accessories after the fact of the
above-mentioned crimes. distinct crimes
Adultery Concubinage Bigamy
Concept: having sexual the gist of concubinage committed by the

intercourse by a is cohabiting or celebration of a
married woman with a maintaining a mistress subsequent marriage
man other then her by a married man in despite the subsistence
husband with the risk of violation of his marital of a valid marriage; this
introducing spurious vow to the humiliation crime is being punished
heirs into the family of his own wife to preserve and ensure
the juridical tie of
marriage established
by law
Criminal Prosecution: private offense and a private offense and a pardon by the offended
crime against chastity; crime against chastity; party will bar the
pardon by the offended pardon by the offended prosecution of the case
party will bar the party will bar the (not in bigamy)
prosecution of the case prosecution of the case
Offended Party: offended party is the the offended party is both the 1st spouse
husband of the the wife of the married and the second spouse
adulterer man may be offended
parties depending on
the circumstances, as
when the second
spouse without being
aware of his previous
marriage

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Adultery Concubinage Bigamy
Secondary Offender: paramour is also liable the concubine is also both the 1st and 2nd
as principal for this liable as principal for spouses may be
crime if he is aware the crime if she is offended parties
that the woman is aware that her man is depending on the
already married at the already married at the circumstances; but if
time of the sexual time of the the second spouse had
intercourse cohabitation; the knowledge of the
penalty for the previous marriage of
concubine is only the accused, the former
destierro and not is liable as an
imprisonment accmplice
ARTICLE 350. Marriage Contracted Against Provisions of Laws. —
- The penalty of prisión correccional in its medium and maximum periods shall be
imposed upon any person who, without being included in the provisions of the next
preceding article, shall contract marriage knowing that the requirements of the law
have not been complied with or that the marriage is in disregard of a legal
impediment
- If either of the contracting parties shall obtain the consent of the other by means of
violence, intimidation or fraud, he shall be punished by the maximum period of the
penalty provided in the next preceding paragraph
Elements
1. that the offender contracted the marriage
2. that he knew at the time that
A. the requirements of the law were not complied with; o
B. the marriage was in disregard of a legal impedimen
• the marriage was effected because Teresa and her mother, Petra, at the
instigation of Tong, assured the judge who solemnized the marriage
ceremony, that Teresa was 19 years old and that her father was already dea
• separation of church and State: since a priest is not anymore a person in

authority, usurping the function of a priest by solemnizing marriage is not anymore
usurpation of functio
ARTICLE 351. Premature Marriages. — Any widow who shall marry within three
hundred and one days from the date of the death of her husband, or before
having delivered if she shall have been pregnant at the time of his death, shall be
punished by arresto mayor and ne not exceeding 500 pesos

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The same penalties shall be imposed upon any woman whose marriage shall
have been annulled or dissolved, if she shall marry before her delivery or before
the expiration of the period of three hundred and one days after the legal
separation. (decriminalized
ARTICLE 352. Performance of Illegal Marriage Ceremony. —
- Priests or ministers of any religious denomination or sect, or civil authorities who shall
perform or authorize any illegal marriage ceremony shall be punished in accordance
with the provisions of the marriage law.
• the priest, minister or civil authority, who performed such bigamous marriage
or illegal such as marriage without license, is liable for the performance of illegal
marriage ceremony under Article 25
• the non- ling of a criminal complaint against the couple does not negate the
criminal liability of the priest: a priest, who performed a marriage ceremony
despite knowledge that the couple had no marriage license, is liable for performing
illegal marriage ceremon
• good faith is a defense: a clergyman, who is not aware that one of the contracting
parties is a minor, is not criminally liable for performing an illegal marriage ceremon
• Article 177: usurpation of function: since the mayor is absent, his chief of staff
solemnized the marriage between 2 persons, and later turned over the documents to
Mayor Abral for his signature; performance of illegal marriage ceremony is not
committed because the element that "the offender is authorized to solemnize
marriage" is lackin
• falsi cation of public document by a public of cer under Article 117: making an
untruthful statement by stating in the marriage contract, is a public document, that
the marriage is not committed because element that "the offender has performed an
illegal marriage ceremony" is lackin
• libel: if defamation is committed by means of writing, printing, lithography,

engraving, radio, phonograph, painting, theatrical exhibition, cinematographic
exhibition, or any similar mean
• oral defamation: if it is committed by oral mean

• slander by deed: if it is committed by performance of an act not punished as libel or
slander, which shall cast dishonor, discredit or contempt upon another perso
• elements of defamation (libel, oral defamation, or slander by deed

1. the writing, utterance, or acts must be defamatory
2. it must be malicious
3. it must be given publicity; an

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4. the victim must be identi abl
• construed in its entirety and taken in their plan, natural and ordinary meaning:
in determining whether a statement is defamatory, the words used are to be
construed in their entirety and should be taken in their plain, natural, and ordinary
meaning as they would naturally be understood by persons reading them, unless it
appears that they were used and understood in another sens
• published notice for the protection of the interest of the company and the public as
well is not defamator
• malice is an element of liber or defamation: the incessant publication of the

defamatory Articles attacking the honor and reputation of complainant is a proof of
defendant's malicious scheme to malign and defame the name, honor, and
reputation of the complainan
malice in law malice in fact
presumed malice is malice in law actual malice is also known as malice

in fac
if the defamatory imputation is covered by
a quali ed privilege communication,
defamatory imputation is not presumed to
be malicious
the burden is on the side of the the following circumstances will

defendant to show good intention and negate the presumption of malice in
justi able motive in order to overcome defamatory statement
the legal interference of malice 1-if there is good intention and justi able
motive for making it is shown
2-if the defamatory statement is a
privilege communication
• publicity: writing to a person other than the person defamed is suf cient to
constitute publication, for the person whom the letter is addressed is a third person
in relation to its writer and the person defamed therei
• what is material is that the 3rd person has read or heard the libelous
statement, for a man's reputation is the estimate in which others hold him, not
the good opinion which he has for himself; publication means making the
defamatory matter, after it is written, known to someone other than the person
against whom it has been writte
• sealed vs. unsealed: if sealed-there is no publication; if unsealed or not shown

to be sealed, through a messenger-publication is presen

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• see page 533: publication of libel: should not be presumed from the fact that the
immediate control thereof is parted with unless it appears that there is reasonable
probability that it is hereby exposed to be read or seen by third person
• identi ability: it must be shown that at least a third person or a stranger was able to
identify the offended party as the object if the defamatory statement; "Miss S"-
although the article is libelous, complainant could not have been the person defamed
therei
• declaration about a large class of people: article defaming members of the Muslim
religion or a lecture imputing corruption in Bureau of Customs and the Bureau of
Internal Revenue is not actionable-absent circumstances speci cally pointing the
defamation to a particular perso
• shouted to the rival union" "Mga supot, mga walang bayag, mga kabit ng Instik,
mga tuta, mga segunda mano"-element of identi ability of the persons defamed is
not presen
• not libelous: "national employees should be commended for bringing into the open
this garbage that has oiled up in their own backyard. To Joe Con's successor, the
chopping board is ready. All you need is a Muslim kris! Pakakulin mo, pare ko!
ARTICLE 355. Libel by Means of Writing or Similar Means. —
- A libel committed by means of writing, printing, lithography, engraving, radio,

phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar
means, shall be punished by prisión correccional in its minimum and medium periods
or a ne ranging from 200 to 6,000 pesos, or both, in addition to the civil action which
may be brought by the offended party
• broadcast over the radio: defamatory imputations, which are made not by
publication in the newspaper but by broadcast over the radio, constitute libe
• denotes its permanent characteristi

• any similar means: permanent nature as a means of publicatio
• television and internet as a means of publication is permanent; it falls under
any similar mean
• online defamation constitutes similar mean

• persons responsible for libel: the author or editor of a book or pamphlet, or the
editor or business manager of a daily newspaper, magazine or serial publication, shall
be responsible for the defamations contained therein to the same extent as if he were
the autho

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• Editor and President: it is not a matter whether or not they conspired in preparing
and publishing the subject articles, because the law simply states that they are liable
as they were the autho
• criminal liability of the President of the company that published the libelous
articles is the same as that of the author: the crime of libel would not even be
consummated without his participation as publisher of the libelous article
• 536
• cyber libel or libel with the special aggravating circumstance of using
information or communication technology in committing a crime: xxxBettina
posted a comment that the red Birkin bag shown in Angelina's website is fake and that
Angelina is known to sell counterfeit item
• multiple publication rule: it is settled that a single defamatory statement, if published
several times, gives rise to as many offenses as there are publications; each and
every publication of the same libel constitutes a distinct offens
35
Elements
1. that the offender is a reporter, editor, or manager of a newspaper daily
or magazine
2. that he publishes facts connected with the private life of another
3. that such facts are offensive to the honor, virtue and reputation of the
said perso
ARTICLE 35
slander by deed: is a crime honor which is committed by performing any act which
casts dishonor, discredit, or contempt upon another perso
Elements
1. that the offender performs any act not included in any other crime
against honor
2. that such act is performed in the presence of other person or persons
3. that such act casts dishonor, discredit, or contempt upon the offended
part
• slander: is libel committed by oral (spoken) means, instead of writing in slander; the
term oral defamation or slander as now understood, has been de ned as the

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speaking of base and defamatory words which tend to prejudice another in his
reputation, of ce, trade, business, or means of livelihoo
• grave or simple slander: the gravity of the oral defamation depends not only: 1-
upon the expressions used, but also; 2-on personal relations of the accused and the
offended party; and 3- the circumstances surrounding the cas
• grave slander: uttering words imputing immorality against a respectable married

lady and her young daughters, who are all prominent in the social circles or imputing
estafa to the offended part
• social standing and position of the offended party are also taken into accoun
• slight slander: uttering defamatory words in the heat of anger, with some
provocation on the part of the offended party or calling a judge a hypocrite and land
grabbe
• simple slander: accused stated "wlang hiya, mangongotong na pulis, yabang mo"-
the statement is defamatory since it imputes to complainant the crime of robbery,
however, since the statement was made a mere product of an emotional outburst
because of the gun-pointing inciden
• simple slander: calling the offended party a "gangster" in the middle of the sermon
(there was no imputation of a crime, vice, or immorality
• g.r.: simple slander: defamation in a political meeting, when feelings are running
high and people could not think clearly; xpn: if imputing to the father of the candidate
the crime of robbery and theft is seriously insulting, the crime should be serious oral
defamatio
• multiple publication rule: it is settled that a single defamatory statement, if

published several; xpns
• made not only to express hate or displeasure but also to defame or to insult
a person in front of several persons: simple slande
• putang ina mo, Atty. Napakawalanghiya m

• putang ina mo! papatayin kita: is not slander, but its threa
• putang ina, bullshit: accompanied by the banging of the chairs: serious
slander by dee
• publicity: is an element of slander by deed since it is a specie of the crime of

defamation; without publicity, the crime committed is "unjust vexation
• single defamatory statement addressed to several persons: "You, Merrera

lawyers, are stealers, shameless, impolite." even if there are several persons
defamed, there is only one count of grave oral defamatio

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• two separate crimes of libel: accused wrote 2 different and distinct statements
against 2 persons; the published defamatory statements were written in the same
article entitle "MY PLEA TO CEBUANOS", slanderous statements uttered on the
same date, and at the same place, albeit against 2 different persons; there are as
many offenses of libel as there were persons defame
• only one (1) person is defamed (regardless of the number of defamatory

words): settled is the rule that there are persons defamed; since there is only one
person defamed, there is only one (1) crime of oral defamatio
PRIVILEGE COMMUNICATIO
1. absolute privilege communicatio
2. quali ed privilege communicatio
ABSOLUTE PRIVILEGE QUALIFIED PRIVILEGE

COMMUNICATION COMMUNICATION
lack of malice is conclusively presumed no malice in law
not actionable even if the author has to prove libel and defamation, malice in
acted in bad faith such as speech or fact must be established beyond
debate in the Congress or in any reasonable doubt; if there is proof of
committee thereof actual malice, the defamatory
communication is not privileged; hence,
libel or defamation is committed
words uttered or published in the course private communication and fair and true
of the proceedings, provided the report are quali ed privilege
statements are pertinent or relevant to communications mentioned in Article 354
the case of the Revised Penal Code (not exclusive
list of of quali ed privileged
communications)
allegations of statements made by parties quali ed privilege communication in

or their counsel in the pleadings or Article 354 is a defense in libel or
motions or during the hearing of judicial defamation case for 2 reasons
and administrative proceedings as well 1-lack of malice; an
as answers given by witness in reply to 2-element of publicity is not present
questions propounded to them in the because the person or persons with
course of said proceedings whom the accused have the privilege to
communicate something defamatory is
not a third person
allegations in civil complaint for damages

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ABSOLUTE PRIVILEGE QUALIFIED PRIVILEGE

COMMUNICATION COMMUNICATION
extends to statements in preliminary

investigations or other proceedings
preparatory to trial provided the
statements are pertinent or relevant to
the case
xpn: accused led a motion for

reconsideration of resolution dismissing a
complaint for estafa
statements in the answer to complaint that the
counsel for the defendant is "bobo, inutile, good
for nothing, stupid, and a menace to clients" are
not protected by the privilege communication
rule
PRIVILEGE PRIVATE COMMUNICATION OF A COMPLAIN

ARTICLE 354:
- A private communication made by any person to another in the performance of any

legal, moral, or social duty is a quali ed privilege communication. Defamatory
imputation in this provisional private communication is not presumed to be malicious
To make a private communication as a quali edly privilege communication, the

following must be present:
1. the person who made the communication has a legal, moral, or social
duty to make the communication, or at least, had an interest to protect,
which interest may either be his own or of the one to whom it is made
2. the communication is addressed to an of cer or a board, or superior,
having some interest or duty in the matter, and who has the power to
furnish the protection sought; an
3. the statements in the communication are made in good faith and without
malic
• communicating complaint to the right person: a court employee, wrote the

presiding judge a letter, imputing also another court employee, the act of receiving
an expensive gift from one of the parties in a pending case; since the presiding
judge has the duty to act on what the letter states, malice is not presumed and must
not be proven by evidenc
• expressing one's grievances through the subject text message to Lumapas, who
was the best person, who could help expedite the release of her claims; the text
message falls within the ambit of a quali ed privilege communication since she was

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speaking in response to duty to protect her own interest and not out of an intention
to injure the reputation of someon
• indiscriminately communicating complaint: quali ed privilege communication in

Article 354 is a defense in libel or defamation case for 2 reasons
• lack of malice; an
• element of publicity is not present because the person or persons with whom the
accused have the privilege to communicate something defamatory is not a third
perso
• note: of the communication is made to a person, who has no duty to address the
concern, the elements of malice and publicity shall be considere
• privilege character of a letter is lost

1. when actual malice is proven; o
2. when several provincial and national government agencies which has no
interest, right or duty in the prosecution of said charges were furnished copies
thereo
• A letter about the corruption of the mayor should be reported to the Ombudsma
• A letter involving the assassination plan to commit a crime should be reported to
the police authoritie
• true report: both led a case Alejandro and James, however, the complaint states
no incriminatory allegations against James; the charges are limited to Alejandro; this
is not a true and fair report covered by the privilege communicatio
• fair and true report: made in good faith, without any comments or remarks, of act
performed by public of cers in the exercise of their functions is a quali ed privilege
communication
• error, misstatement or inaccuracy in the news commentaries on function

related acts of public of cer does not prove actual malice; mistakes are inevitable
in the exercise of the freedom of the press and expressio
• making remarks: giving an additional remarks: in addition to the report of the

administrative case, accused made remarks that Ganzon is rejoicing the death of
Magsaysay in the same way the buzzards and coyotes rejoice over the same thing;
even if the reported jubilation of Ganzon is true, the accused should have stopped at
reciting the facts only
• A led complaint in court would by itself constitute a judicial proceeding although

the issues have not as yet been joined; hence, publication of such complaint without
remark and comment is a privilege communication under Article 35
• privilege private communication: pertains to complaint, grievances, or concern

(e.g. report of the commission of a crime) communicated to person. who has lost the

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authority or duty to address the same; it is a private communication; hence,

publishing the same in a newspaper or on TV will divest its character as a privilege
communicatio
• As long as the reporting is con ned to his nding with a statement that the
same is subject to the approval of the Mayor, X is not liable for libel because
of the rule on privilege communication of a fair and true report; the media
reporter has the privilege to communicate this report to the public; if he will publish
this report in the newspaper without consent or remark; he is also protected by rule
on privilege communication of a fair and true repor
• DOCTRINE OF FAIR COMMENTARIES: that while in general every defamatory and

public imputation is deemed false, and every false imputation is deemed malicious,
nevertheless, when the defamatory imputation is directed against a public
person in his public capacity, it is not necessarily actionable; if the comment is an
expression of opinion, based on established facts, then it is immaterial that the
opinion happens to be mistaken, as long as it might reasonably be inferred from the
fact
• ELEMENTS OF FAIR COMMENTARIES: a person, such as a journalist, has the

privilege to communicate to the public fair commentaries on the matters of public
interest; there are 3 requisites to apply the fair commentaries doctrine
1. the defamatory statement is direct against public of cer, public gure or
aspirant of public position (or matter of public interest)
2. the defamatory statement pertain to act committed by public of cer or
public gure in connection with their of cial function or work; an
3. the accused does not know that the comment is false or has not
recklessly disregarded of knowing whether it is false or no
• A matter of public interest is a common property, and hence, anybody may

express his opinion on it; the public conduct of every public man is a matter of
public concern; a public of cial must not be too thin-skinned with reference to
comments upon his of cial act
• FUNCTION-RELATED: the rule is that defamatory remarks and comments on the

conduct or acts of public of cers which are related to the discharge of their of cial
duties will not constitute libel if the defendant proves the truth of the imputation; but
any attack upon the private character of the public of cer on matters which are not
related to the discharge of their of cial functions may constitute libel under Article
35
• reckless disregard/failure to verify: defamatory comment is not a privilege

communication if a journalist failed to make research before making his allegations
of corruption or if he failed to exercise efforts to talk to complainant to clarify the
issues and get his side; inconsistent with good faith and reasonable car

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• relied merely in the letters of Waray Employees: (lousy performance and

mismanagement of private complainant as a DTI of cer: matter of public interest
as there relate to his moral conduct, his capacity to lead the DTI employees and to
manage and supervise the affairs of the of c
• public gures: a public gure has been de ned as a person who, by his
accomplishments, fame, or mode of living, or by adopting a profession or calling
which gives the public a legitimate interest in his doings, his affairs, and his
character, has become a "public personage"; a celebrit
• when fair public commentary is not applicable: not applicable to defamatory

statement against public gure if the same is not related to his work as a public
gur
• actress was imputed with the crime of malversation and of vices or defects for
being fugitives from the law and of being a wastrel: the doctrine of fair comment
as a defense in libel is not applicable since it is unrelated to public gure's wor
• celebrity as an abusive husband: the defamatory publication is not covered by

privilege communication because Gigi was attacking the personal life of Pablo as a
husband and not his public life as a famous singe
• fair commentaries on conduct of aspirant of elective or appointive of ce, and

upon his mental, moral, and physical tness for the same is a privilege
communicatio
• the public has the right to be informed as to the quali cations of those who
seek election or appointment, and thus, such comment may lawfully be made by
the public pres
• candidates in the local elections: attacked his opponent stating that he has
charged his opponent of estafa through falsi cation in the Ombudsman so much so
that since his (Lando's) integrity is doubtful and he should not be elected (fair
comment in the candidate's tness
• must settle his small debts before donating a large amount: the article
constitutes a fair comment on matter of public interest as it dealt with the character
or private respondent who was running for the top elective post; column on
indebtedness provided the public with information as regards his nancial status
which, in all probability, was still unknown to them at that tim
• Sedano Doctrine on fair commentaries on aspirant of public position is

subject to the New York Time's Doctrine: the commentary on aspirant of elective
or appointive position is a privilege communication even if the same is untruthful as
long as the accused does not know that the comment is false or has not recklessly
disregarded of knowing whether it is false or no
• considering the appointment of A as a Department Secretary: B caused to be

published in the newspapers a statement objecting to A's appointment with

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allegation with allegation that A was a drug dependent, that he had several
mistresses, and that he was corrup
• reckless disregard: they merely acted based on rumors and hearsay; they did not
exert genuine effort to verify the
FAIR AND TRUE REPORT AND FAIR COMMENTARIE
THE DIFFERENCES BETWEEN FAIR AND TRUE REPORT UNDER ARTICLE 354
OF THE REVISED PENAL CODE, AND FAIR COMMENT UNDER THE SULIVAN V.
NEW YORK TIMES DOCTRINE AS A PRIVILEGE COMMUNICATIO
FAIR AND TRUE REPORT FAIR COMMENTARIES
accused makes a report on of cial the accused is "making a comment" on

proceedings, which are not con dential in the function-related acts performed by
nature or function-related acts performed public of cers, public gures and public
by public of cers "without any aspirants
comments or remarks"
the report of the proceeding or function the defamatory imputation in the

related acts involving defamatory commentary may be false but the
statement must be "true" accused has no knowledge that it is
false and has not recklessly
disregarded to know whether it is false
or not;
"only false statements" made with the
high-degree of awareness of their
probable falsity demanded by New York
Times may the subject of their civil or
criminal sanctions
quali ed privilege communications; quali ed privilege communications;

hence, the accused can still be held liable
for libel if actual malice is shown
actual malice can be established by malice can be established by showing

showing that the report was "not made in that the comment was not made in good
good faith" faith or was made with knowledge that it
was false or with reckless disregard of
whether it was false or not
GOOD MOTIVE AND TRUTHFULNES

• defense in defamation: proof of good intention, motive or justi able ends and/or
truthfulness on the imputation is a defense in defamatio

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• GOOD MOTIVE (ARTICLE 354): good motives and justi able ends is a defense in
defamation; truthfulness is not required to cause the acquittal of the accused in the
crime of defamatio
• example: imputation upon complainant that he has contaminated his wife with
venereal disease made by a nurse as a precautionary measure to prevent further
contamination (made with good intention and justi able motive
• defense of good motive and justi able ends in defamation will be further
strengthened by "proof of truthfulness of the published defamatory
imputation"; note that proof of truthfulness without good motive and justi able ends
cannot be used as a defens
ARTICLE 354. Requirement for Publicity. —

Every defamatory imputation is presumed to be malicious, even if it be true, if no
good intention and justi able motive for making it is shown, except in the following
cases
1. A private communication made by any person to another in the
performance of any legal, moral or social duty; an
2. A fair and true report, made in good faith, without any comments or
remarks, of any judicial, legislative or other of cial proceedings which are
not of con dential nature, or of any statement, report or speech delivered
in said proceedings, or of any other act performed by public of cers in the
exercise of their functions
ARTICLE 361. Proof of the Truth. —
- In every criminal prosecution for libel, the truth may be given in evidence to the court
and if it appears that the matter charged as libelous is true, and, moreover, that it
was published with good motives and for justi able ends, the defendants shall
be acquitted
- Proof of the truth of an imputation of an act or omission not constituting a crime

shall not be admitted, unless the imputation shall have been made against
Government employees with respect to facts related to the discharge of their
of cial duties. (proof of truthfulness of imputation of a crime or a function-related
defamatory act against a public of cer is a defense even though he does not prove
that the imputation was published with good motives and for justi able ends; this is a
defense regardless of whether the function-related act imputed upon the public of cer
constitutes a crime or not
When proof of truth is admissible

1. when the act or omission imputed constitutes a crime regardless of
whether the offended party is a private individual or a public of cer

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COLOSSIANS 3:23
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2. when the offended party is a government employee, even if the act or

omission does no constitute a crime, provided, it is related to the
discharge of his of cial duties
• Sam wrote a letter to his friends stating that Judge Odon loves obscene magazines
and keeps these in his desk; charged with libel, Sam cannot present proof that
Judge Odon indeed loves obscene magazines and keeps theses in his desk
because he does not impute a crime to Judge Odon or a defamatory act related to
the discharge of his duties
- In such cases if the defendant proves the truth of the imputation made by him, he
shall be acquitted. (imputation of a crime
• making fun that he is mentally retarded: offering evidence that he is indeed

mentally retarded will not be admitted; without good motive for publishing his mental
condition, the defamatory imputation even though it is true is presumed to be
maliciou
TRUTHFULNESS IS NOT AN ABSOLUTE DEFENSE: but such truthfulness of the

defamatory statement can be considered as a defense in the following
circumstances
1. the publication of the defamatory but truthful statements was made
with good motives and for justi able ends; o
2. the publication of defamatory but truthful statements pertain to a crime
or a function-related act made by a public of ce
• imputation of a crime: proof of truth of an imputation of an act or omission

constituting a crime shall be admitted; in such case if the defendant proves the truth
of the imputation made by him, he shall be acquitted; this is a defense regardless of
whether the person to whom the crime was imputed is a public of cer or a private
perso

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DEFAMATION AGAINST PUBLIC DEFAMATION AGAINST PRIVATE

OFFICER INDIVIDUAL
proof of truth of an imputation of an act proof of truth of an imputation of an act

related to the discharge of his o cial is not a defense unless such imputed
duties is a defense act constitutes a crime
the defense of absence of actual malice
is available even when the statement
turns out to be false unless the o ender
makes the defamatory statement with
the knowledge that it is false or with
reckless disregard of whether it was false
or not
• RX Hospital denied medical assistance to a dying child simply because the
mother could not give the cash deposit (false); commentator is liable for libel:
report on matter of public interest involving the conduct of a private person (such as
public corporation) published by a journalist without verifying rst the truthfulness
thereof is libel and not protected speech if the same turned out to be fals
• DEFENSIVE LIBEL: defense against honor: a person libeled may hit back with
another libel even if there is an appreciable interval of time between the aggressive
libel and defensive libel; once the aspersion is cast upon the good name of a person,
it sting clings and the one thus defamed may avail himself of all necessary means to
shake it off; he may hit back with another libel which, if adequate, will be justi e
• xpn: the defamatory charge against the offended party regarding an anomalous
transaction being investigated by the Senate is protected by the privilege
communication; hence, the accused cannot invoke justifying circumstance of defense
of honor for making defamatory statement against the offended party since the
"element of unlawful aggression is not present
• defensive libel: the means employed by the accused must be reasonable necessary
to restore his ruined reputation or honor and not just to retaliate by ruining also the
reputation of the aggressor; the answering of libel may be justi ed, if it is adequate
and it is inadequate when the answer is unnecessarily scurrilou
• on the issue of "Doubtful Citizenship" published by the private complainant; the
accused countered the accusation by causing the publication to that effect that the
private complainant instigated investigations in different government agencies against
the accused xxx: justifying circumstance of defense of hono
SECTION TW

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General Provision
ARTICLE 360. Persons Responsible. —
- Any person who shall publish, exhibit or cause the publication or exhibition of any
defamation in writing or by similar means, shall be responsible for the same
- The author or editor of a book or pamphlet, or the editor or business manager of a

daily newspaper, magazine or serial publication, shall be responsible for the
defamation contained therein to the same extent as if he were the author thereof
- The criminal action and the civil action for damages in cases of written defamation,
as provided in this chapter, may be led simultaneously or separately with the Court
of First Instance of the province wherein the libel was published, displayed or
exhibited, regardless of the place where the same was written, printed or composed.
(written defamation is not con ned committed by written means but it includes libel
and radio or other similar means; permanent character
- No criminal action for defamation which consists in the imputation of a crime which
cannot be prosecuted de of cio shall be brought except at the instance of and
upon complaint expressly led by the offended party. (applied to all kinds of
defamation including "oral defamation"
• whether the offended party is a public of cial or private person, the criminal action
may be led in the Regional Trial Court of the province or city where the libelous
article is printed and rst published
• if the offended party is a private individual, the criminal action may also be led in
the RTC of the province where he actually resided at the time of the commission of
the offense
• if the offended party is a public of cer whose of ce is in Manila at the time of

the commission of the offense, the action may be led in the RTC of Manil
• if the offended party is a public of cer holding of ce outside of Manila, the

action may be led in the RTC of the province or city where he held of ce at the
time the commission of the offens
conditions sine qua non: complaint or information should contain the allegations
as to whethe
1. at the time the offense was committed;
2. the offended party was a public of cer or a private individual; and
3. where he was actually residing at that tim

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COLOSSIANS 3:23
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- whenever possible, the place where the written defamation-was printed and rst
published should likewise be allege
- internet: the place where the libelous article was accessed by the offended party in
the Internet is not equivalent to the place where the libelous article is printed and
rst published within the contemplation of the rule on venue under Article 360 of the
Revised Penal Code; at any rate, Article 360 still allow the offended party to le the
civil or criminal complaint for Internet libel in their respective places of residenc
(4) No criminal action for defamation which consists in the imputation of a crime which
cannot be prosecuted de of cio shall be brought except at the instance of and upon
complaint expressly led by the offended party. (applied to all kinds of defamation
including "oral defamation"
• crimes cannot be prosecuted de of cio: adultery, concubinage, seduction,

abduction or acts of lasciviousness; in sum, libel or oral defamation involving
the imputation of private crime, which cannot be prosecuted de of ci
• on the other hand, libel or oral defamation involving imputation of public

crime such as rape, theft or prostitution is also a public crime, which ca be
prosecuted de of ci
• ADMINISTRATIVE CIRCULAR NO. 08-200

• The Supreme Court imposed ne with subsidiary imprisonment for libel
because:
1. accused wrote the libelous article merely to defend his honor
2. the crime was committed in the heat of anger
3. the crime was committed in the heat of passion during the election period;
an
4. the accused is a rst time offender and he merely believe that he was
exercising a civil or moral dut
ARTICLE 359. Slander by Deed. —
- The penalty of arresto mayor in its maximum period to prisión correccional in its
minimum period or a ne ranging from 200 to 1,000 pesos shall be imposed upon any
person who shall perform any act not included and punished in this title, which shall
cast dishonor, discredit or contempt upon another person. If said act is not of a
serious nature, the penalty shall be arresto menor or a ne not exceeding 200 pesos
ELEMENTS

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COLOSSIANS 3:23
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1. that the offender performs any act not included in any other crime against
honor
2. that such act is performed in the presence of other person or persons; an
3. that such act casts dishonor, discredit or contempt upon the offended part
CHAPTER TW
Incriminatory Machination
ARTICLE 363. Incriminating Innocent Person. —
- Any person who, by any act not constituting perjury, shall directly incriminate or
impute to an innocent person the commission of a crime, shall be punished by arresto
mayor
Elements
1. the offender performs an act
2. that by such act he directly incriminates or imputes to an innocent
person the commission of a crime
3. that such act does not constitute perjur
ARTICLE 364. Intriguing Against Honor. —
- The penalty of arresto menor or ne not exceeding 200 pesos shall be imposed for
any intrigue which has for its principal purpose to blemish the honor or reputation of a
person
slanderous acts committed by "actions" rather than words
slapping or spitting on his or her face in front of the

public: casting dishonor, discredit, and contempt upon
the person;
pointing a dirty nger to a lady mayor in front of several

persons in the municipal building
publicity without publicity, the crime committed is "unjust vexation:

or "maltreatment"

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COLOSSIANS 3:23
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serious or simple depends upon the social standing of the person, the
slander by deed circumstances under which the act was committed
note: poking a dirty nger triggered by refusal to sign the

application for monetization constitutes simple slander by
deed even though the o ended party is a vice-mayor and
a lady
maltreatment ill-treating another by deed without injury is maltreatment;
if the maltreatment casts dishonor, discredit or contempt

upon another person, the crime committed is "slander by
deed"
slander by deed: holding the chair of a school teacher

and shaking him violently in the presence of the school
children and teachers
directs assault quali ed by the circumstance of laying of

hands: if the maltreatment such as hitting her twice on the
face with his raincoat and violently pushing her to the
window is committed while the teacher is engaged in the
actual performance of professional duty or by reason of
the past performance of
less serious physical slander by deed shall be considered as ignominy, which

injuries is an element of quali ed less serious physical injuries
unjust vexation slander by deed: if in addition to the irritation or

annoyance, there was attendant publicity and dishonor or
contempt, the o ense would be slander by deed
cutting the hair of her brother: unjust vexation
shaving the head entirely; her bald condition will

surely expose humiliation and public ridicule: slander
by deed
ARTICLE 356. Threatening to Publish and Offer to Prevent Such Publication for a
Compensation. —
- The penalty of arresto mayor or a ne of from 200 to 2,000 pesos, or both, shall be
imposed upon any person who threatens another to publish a libel concerning him
or the parents, spouse, child, or other members of the family of the latter, or
upon anyone who shall offer to prevent the publication of such libel for a
compensation or money consideration. (punished in US by the law on
blackmailing and extortion
• blackmail: may be de ned as any unlawful extortion of money by an appeal to the

fears of the victim, especially extortion of money by threats of accusation or
exposur

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ARTICLE 357. Prohibited Publication of Acts Referred to in the Course of Of cial

Proceedings. —
- The penalty of arresto mayor or a ne of from 200 to 2,000 pesos, or both, shall be
imposed upon any reporter, editor or manager of a newspaper, daily or magazine,
who shall publish facts connected with the private life of another and offensive to the
honor, virtue and reputation of said person, even though said publication be made in
connection with or under the pretext that it is necessary in the narration of any judicial
or administrative proceedings wherein such facts have been mentioned
• "Gag Law": newspaper reports on cases pertaining to adultery, divorce, or issues

about legitimacy of children will necessarily be barred from publicatio
CHAPTER TW
Incriminatory Machination
ARTICLE 363. Incriminating Innocent Person. —
- Any person who, by any act not constituting perjury, shall directly incriminate or
impute to an innocent person the commission of a crime, shall be punished by arresto
mayor
Elements
1. the offender performs an act
2. that by such act he directly incriminates or imputes to an innocent
person the commission of a crime
3. that such act does not constitute perjur
• does not contemplate malicious prosecution: it refers to the acts of "planting

evidence" and the like, which do not in themselves constitute false prosecution but
tend directly to cause false prosecutions the law expressly excludes perjury as a
means of committing incriminating innocent perso
• incriminating an innocent person: as a general rule, planting of evidence to
incriminate an innocent person constitutes the crime of incriminating an innocent
perso
• xpns: dangerous drugs
• unauthorized explosives;
• loose rear
• (cc) Planting of Evidence. — The willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching directly or indirectly, through

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COLOSSIANS 3:23
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any overt or covert act, whatever quantity of any dangerous drug and/or controlled
precursor and essential chemical in the person, house, effects or in the immediate
vicinity of an innocent individual for the purpose of implicating, incriminating or
imputing the commission of any violation of this Act
• xpns: dangerous drugs

• arbitrary detention: can only be committed by public of cer in pursuit of their duty
to arrest; hence, arbitrary detention is committed if police of cer arrested the victim
without probable cause for the purpose of investigating hi
• incriminating an innocent person through unlawful arrest: if the police of cer

arrested the victim without probable cause for purpose of planting incriminatory
evidence and to make a judicial deliver
• planting of evidence: surreptitiously placed a rearm in the premises of the

offended party and informed the police against the offended party for illegal
possession of rear
• complex crime of incriminating innocent person through unlawful arrest: if

unlawful arrest is committed to plant incriminatory evidenc
• complex crime of unlawful arrest through incriminating an innocent person: if

the incriminatory evidence is planted to justify unlawful arres
• separate crime: no complex crime in special penal laws: dangerous drugs,

explosives or loose rearm: separate crimes of unlawful arrest and planting of
evidenc
• incriminating innocent person through theft: stealing property and planting the
stolen property to impute to the victim the crime if thef
• separate crime of planting of evidence and consummated or attempted robber
malicious prosecution incriminatory machination
does not appear in the Revised Penal which includes incriminating an innocent
Code person and intriguing against honor is a
felony under the RPC
persons who committed malicious in incriminating an innocent person, the

prosecution can be held liable for perjury, act committed by the offender to
false testimony, or offering false incriminate an innocent person must not
testimony constitute perjury

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COLOSSIANS 3:23
THAN FOR PEOPLE."
ARTICLE 364. Intriguing Against Honor. —
- The penalty of arresto menor or ne not exceeding 200 pesos shall be imposed for
any intrigue which has for its principal purpose to blemish the honor or reputation of a
person
• gossiping: may constitute oral defamation or intriguing against hono

• oral defamation: the gossiping directly imputes to the offended party a crime or
defamatory conditio
• intriguing against honor: if the gossiping imputes to the offended party a crime or
defamatory condition, without knowing the source thereo
• private crime: defamatory statement accused upon a married woman of having

illicit relations with a man not her husband which in effect constitute adultery; since
the crime alleged in the Information is written defamation, it cannot be prosecuted de
of ci
• intriguing against honor and not oral defamation: spreading gossips and rumors
by telling people in the neighborhood "May balita na si Faustina ay kabit ni B, kalat
na kalat na"-without knowing the source thereof, the crime is intriguing against honor
and not oral defamatio
• scheme or plot: intriguing against honor is akin to slander by deed, in that the
offender does not avail directly of written or spoken words, pictures or caricatures to
ridicule his victim but of some ingenious, crafty, secret plot, producing the same
effec
• oral defamation: "why are you going with her? masamang tao iyan' and continued
saying" 'all her neighbors are her enemies. maraming asunto siya, nagkakagulo-gulo
at nagkakapatong-patong ang mga asunto niya.
• intriguing against honor: if the offender spread pictures of the offender party in the
company of a married man with a statement "ang sweet naman nila, smell
something shy
• intriguing against honor: she is not anymore a virgin since she had a sexual
intercourse with a constituen
reckless imprudence, de ned
• reckless imprudence consists in voluntarily, but without malice, doing or failing to do
an act from which material damage results by reason of inexcusable lack of
precaution on the part of the person performing or failing to perform such act, taking
into consideration his employment or occupation, degree of intelligence, physical
condition and other circumstances regarding persons, time and plac

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COLOSSIANS 3:23
THAN FOR PEOPLE."
simple imprudence, de ned

• consists in the lack of precaution displayed in those cases in which the damage
impending to be caused is not immediate nor the danger clearly manifeste
Elements of reckless imprudence

1. that the offender does or fails to do an act
2. that the doing of or the failure to do that act os voluntary
3. that it be without malice
4. that material damage results
5. that there is inexcusable lack of precaution on the part of the offender,
taking into consideration
A. his employment or occupation
B. degree of intelligence, physical condition, an
C. other circumstances regarding persons, time and plac
Elements of simple imprudence

1. that there is lack of precaution on the part of the offender
2. that the damage impending to be caused is not immediate or the
danger is not clearly manifeste
• simple negligence resulting in alarm and scandal: leaving a loaded rearm on a

chair within the reach of a child then playing in the place constitutes reckless
negligence; since the negligent act created considerate shock and fear among the
persons present therea
• discharge of rearm: ring a gun to a person in order to scare hi

• homicide and discharge of rearm: if the bullet hit another person killing him as a
consequenc
• alarm and scandal: ring a gun in a public place causing people to scamper awa
• death of the paramour is the proximate result of the outrage overwhelming the
accused after chancing upon his spouse in the discriminately aimed and red
the gun at the paramour of his wife: act of in delity; however, he was not
exempted from criminal liability with regard to injury sustained by third person
• indiscriminately ring his gum without due care in a thickly populated area
constitutes "discharge of rearm
• ring a warning shot in the air without the least intention of causing injury to
anyone by the policeman in the performance of his duty; does not constitute
alarm and scandal and discharge of rearm; if he hit a bystander, and died as a

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COLOSSIANS 3:23
THAN FOR PEOPLE."
consequence-he is not liable for homicide; reckless imprudence resulting to

homicide: if he failed to take necessary precaution demanded by the circumstances
as to the time and place of the warning sho
• ring a gun in the air and at the ground to stop 2 persons from having a
st ght-not alarm and scandal since there is no evil intent to cause alarm; if he hit
another person, he is not liable for homicide, but if he failed to exercise the
necessary precaution, he is liable for for reckless imprudence resulting to homicid
• murder (deliberate intent to kill): backing up and running over the victim for the
second time shows deliberate intent to kill the victi
• note: there is no reckless imprudence resulting in frustrated homicid

• doctors: it must be shown that he did not treat his patient in accordance with the
standard of care and skill commonly possessed and exercised by similar specialist
under similar circumstances; failure to present specialist as witness to testify on this
standard of care is fatal to the prosecution of the cas
• pharmacists: reckless negligence resulting to homicide: pharmacists gave the

victim 3 pills which he was allergic and not a "paracetamol"; it was held that the
profession of pharmacy demands care and skill; and druggists must exercise care
of a specially high degree of care known to practical men, so that human life may
not constantly be exposed to the danger owing from the substitution of deadly
poisons for harmless medicine
• overtaking; "keep right": mandates all motorists to drive and operate vehicles on
the right side of the road or highwa
• contributory negligence: does not exonerate the accused: the defense of

contributory negligence does not apply in criminal cases involving crime committed
through reckless imprudence, since one cannot allege the negligence of another to
evade the effects of his own negligence; however, such contributory negligence will
mitigate the amounts of civil liability imposed upon the accuse
• last clear chance: where both parties are negligent but the negligent act of one is
appreciably later in point of time than that of the other, or where it is impossible to
determine whose fault or negligence brought about the occurrence of the incident,
the one who had the last clear opportunity to avoid the impending harm but failed to
do so, is chargeable with the consequences arising therefrom; who had the last fair
chance to prevent the impending harm by the exercise of due negligence
• emergency rule: one who suddenly nds himself in danger, and is required to act
without time to consider the best means that may be adopted to avoid the
impending danger, is not guilty of negligence, if he fails to adopt and upon
re ection may appear to have a better method, unless the emergency in which he
nds himself is brought about by his own negligenc

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COLOSSIANS 3:23

Crimes Against National Security and Law of Nation

• membership is not treason absence of an actual assemblage of men for

• if there is an actual assemblage of men for treasonable purpose: there is

MA. TIFFANY TABUADA CABIGON CRIMINAL LAW II Page 1 of 272

• GIVING AID AND COMFOR

• commandeering foodstuffs: indispensable to the conduct of war; however,

• inherent: treachery, evident premeditation and abuse of superior strengt

• "membership" in an organization established to adhere to the enemy by giving

ARTICLE 115. Conspiracy and Proposal to Commit Treason — Penalty. —

- The conspiracy or proposal to commit the crime of treason shall be punished

• PROPOSAL AND CONSPIRACY TO COMMIT TREASON: committed by either a

• not an evidence of treason: mere acceptance of an appointment or mere

• lesser crime of conspiracy to commit treason: attending meeting where

• conspiracy to commit treason by levying war:

MA. TIFFANY TABUADA CABIGON CRIMINAL LAW II Page 2 of 272

3. assumption of obligation as of cer

• 1st mode: membership: membership in an organization established to levy war

• if there is actual assemblage of men for treasonable purpose, there is

• 2nd mode: membership in an organization established to adhere to the enemy by

• DOCTRINE OF ABSORPTION: if the person to whom the proposal is made

• can be committed both during wartime and peacetim

ARTICLE 116. Misprision of Treason. —

MA. TIFFANY TABUADA CABIGON CRIMINAL LAW II Page 3 of 272

• failure of a priest to disclose information given by a confessant pertaining to

TREASON AND CONSPIRACY OR MISPRISON OF TREASON

- a "resident alien" cannot commit

• misprison of treason cannot be committed without conspiracy to commit

• if there is "no conspiracy to commit treason"; there is "no misprison of

Article 117. Espionage. -

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

MA. TIFFANY TABUADA CABIGON CRIMINAL LAW II Page 4 of 272

2. Being in possession, by reason of the public of ce he holds, of the articles,

• espionage: espionage is the defense of gathering, transmitting, or losing

2 ways of committing espionage under Article 117

• there must be an intention to obtain information relative to the defense of the

• it is not necessary that the information is not obtaine

MA. TIFFANY TABUADA CABIGON CRIMINAL LAW II Page 5 of 272

Section Two. - Provoking war and disloyalty in case of wa

1. inciting to war or giving motives to reprisals

Article 118. Inciting to war or giving motives for reprisals. -

• public destruction of the ag or seal of a foreign state or the public manifestations of

• committed in time of peac

MA. TIFFANY TABUADA CABIGON CRIMINAL LAW II Page 6 of 272

Article 119. Violation of neutrality. -

• there must be regulation issued by competent authority for enforcement of

Article 120. Correspondence with hostile country. -

1. By prision correccional, if the correspondence has been prohibited by the

• de nition of correspondence: is communication by means of letters; or it may

MA. TIFFANY TABUADA CABIGON CRIMINAL LAW II Page 7 of 272

• even if the correspondence contains innocent matters: if the correspondence

Article 121. Flight to enemy country. -

Article 122. Piracy in general and mutiny on the high seas. -

Two ways or modes of committing felony

MA. TIFFANY TABUADA CABIGON CRIMINAL LAW II Page 8 of 272

• mutiny: mutiny is the unlawful resistance to a superior of cer, or the raising of

THREE ways in committing arbitrary detention:

Article 124. Arbitrary detention. -

MA. TIFFANY TABUADA CABIGON CRIMINAL LAW II Page 9 of 272

• kidnapping and serious illegal detention quali ed by the circumstance of

• legal grounds for detention:

1. when, in his presence, the person to be arrested has committed, is

3. when the person to be arrested is a prisoner who has escaped from a