I.

CRIMINAL LAW
A. Basic principles
Basic principles
Classical theory Criminal liability:purpose of penalty = human free will:retribution
Positivist theory Criminal liability:purpose of penalty = sum of exposure to social, natural and
economic phenomena:prevention and correction
Eclectic/mixed Classical theory applies to heinous crimes:positivist theory applies to
theory economic and social crimes
Utilitarian/protective Applies to crimes mala prohibita as it punishes the actual and potential
theory wrongdoers for the protection of the society
Equipoise rule A rule of evidence in favor of the presumption of innocence of the accused
Legal basis of Injury to the public, not to the individual, is punished under the police power
inflicting of the State
punishment
Sources of criminal There are no common law crimes in the Philippines as there is no crime when
laws there is no law punishing it
Ex post facto law  A constitutional limitation that prohibits passing retroactive laws that are
prejudicial to the accused
 An act, which when committed was not a crime, cannot be made a crime
by subsequent passing of laws without violating the constitutional
limitation on enacting ex post facto laws
Bill of attainder A constitutional limitation that requires criminal laws to be of general
application and to clearly define the acts/omissions punished as crimes
Equal protection A constitutional limitation that requires Congress to equally treat persons or
clause property that are similarly situated with respect to rights conferred and
obligations imposed
Due process clause A constitutional limitation that requires Congress that its legislation do not
deprive a person from life, liberty or property without an opportunity to be
heard
Nullum crimen, There is no crime when there is no law punishing it
nulla poena sine
lege
Actus facit reum, The act cannot be criminal where the mind is not criminal
nisi mens sit rea
Doctrine of pro reo  Penal laws are given a lenient and favorable interpretation to the accused
 The accused who commits two crimes with a single criminal impulse
demonstrates lesser perversity than when the crimes are committed by
different acts and several criminal resolutions. The rule is to punish the
accused for the most serious crime in its maximum period.
Actus me invito An act done by me against my will is not my act
factus non est menus
actus
Classification of 1. As to manner or mode of execution (acts or omissions)
crimes a. Dolo (malice/deliberate intent to cause an injury)
i. Criminal intent (mens rea1) – if there is no criminal intent,
the act is justified and the accused incurs no criminal
liability
1. General criminal intent is presumed from the mere
doing of a wrong act (actus reus)
a. The presumption does not arise when the act
performed is lawful.
1
Criminal intent of the offender. In theft, the mens rea is the taking of personal property belonging to another with the intent
to gain. In falsification, the mens rea is the commission of forgery with the intent to pervert the truth. In robbery, the mens
rea is the taking of property belonging to another coupled with the employment of intimidation/violence upon persons or
things.
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 Basic principles
b. The presumption can always be rebutted by
proof of lack of intent
2. Specific criminal intent is not presumed when intent
is made an element of the crime, such as frustrated
and attempted homicide, robbery and acts of
lasciviousness
3. Motive is immaterial in determining criminal
liability. It is only material when:
a. The act brings about various crimes
b. The identity of the accused is doubtful
c. The evidence on the commission of the crime
is purely circumstantial
d. As a rule of evidence in ascertaining the truth
between two antagonistic theories/versions
of the crime
e. Where there are no eyewitnesses to the crime
and where suspicion is likely to fall upon a
number of persons
ii. Freedom of action – if there is lack of freedom, the accused
is exempt from criminal liability
iii. Intelligence – if there is lack of intelligence, the accused is
exempt from criminal liability
b. Culpa (imprudence:lack of skill or deficiency in action =
negligence:lack of foresight or deficiency in perception)
i. The crimes of murder, treason, robbery and malicious
mischief cannot be committed through culpa, but only by
dolo)
ii. Criminal intent is not necessary in culpable felonies and
crimes malum prohibitum
2. As to stage of execution
a. Consummated (objective phase)
i. all the elements necessary for its execution and
accomplishment are present
b. Frustrated (in between phases, independent of the will of
perpetrator)
i. performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the will of the
perpetrator
c. Attempted (subjective phase)
i. commences the commission of a felony directly by overt
acts, and does not perform all the acts of execution which
should produce the felony by reason of some cause or
accident other than his own spontaneous desistance
ii. there is an attempted illegal sale of drugs when delivery was
aborted by the people introducing themselves as the police
d. Instances when stages of a crime do not apply
i. Punishable by special laws
ii. Formal crimes
iii. Impossible crimes
iv. Consummated by mere attempt, proposal or by overt act
v. Felonies by omission
vi. Crimes committed by mere agreement
3. As to gravity of the crime
a. Grave (capital and afflictive penalties)
i. Principals, accomplices and accessories are punished for
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 Basic principles
grave and less grave felonies
b. Less grave (maximum period is covered under correctional)
i. Principals, accomplices and accessories are punished for
grave and less grave felonies
ii.
c. Light (arresto menor or a fine not exceeding ₱40,000.00, or both)
i. Only principals and accomplices are liable for light felonies
ii. Light felonies are punished only when consummated. When
not consummated, the wrong is so slight that a penalty is
unnecessary (de minimis principle)
iii. Light felonies are punishable in all stages when committed
against persons or property. However, an accomplice cannot
be punished when there are two mitigating circumstances
and no aggravating circumstance as the penalty would be
two degrees lower. The next lower penalty to arresto menor
is public censure
iv. Examples:
1. Slight physical injuries
2. Theft
3. Alteration of boundary marks
4. Malicious mischief
5. Intriguing against honor
6. Alarms and scandals
7. *one who assisted a person guilty of alarms and
scandals in not liable under the RPC, but under the
law on Obstruction of Apprehension of Prosecution
of Criminal Offenders
4. As to nature of the crime
a. Mala in se
b. Mala prohibita
5. As to count of crimes
a. Compound
i. Single act constitutes two/more grave/less grave offenses
b. Composite/special complex
i. In the eyes of the law, the different crimes are considered as
one crime only
1. Qualified piracy (accompanied by murder, homicide,
PI or rape)
2. Rape with homicide
3. Kidnapping with rape
4. Kidnapping with homicide
5. Kidnapping with physical injuries
6. Robbery with arson
7. Robbery with rape
8. Robbery with homicide
9. Robbery with physical injuries
ii. By reason or on the occasion of the original intent, another
crime is committed, both crimes are punished as a single
crime
c. Complex
i. One crime is committed as a necessary means of
committing another crime
ii. Only one information and one penalty as there is only one
criminal act
iii. Instances when there is not complex crime (or there are
separate crimes:
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 Basic principles
1. Kidnapping
2. Occupation or real property
3. Usurpation of real rights in property
4. Search warrants maliciously obtained in relation to
perjury
5. One offense is committed to conceal the other
6. One crime is an element of another which absorbs
the former
7. One crime has the same elements as another, such as
estafa and falsification of private documents
8. One of the offenses is punished by a special law
9. In continued crimes
10. The intent is really to commit a second crime even if
thee first crime is incidental to commit the former,
such as when abduction is absorbed as an incident in
simple rape
11. Special complex crimes
12. A light felony cannot be complexed with a
grave/less grave felony which absorbs the former
13. Reckless imprudence is a single crime. Its
consequences to persons or property are only
material in determining the penalty. Reckless
imprudence is not a means that is necessary to
commit other crimes
iv. The penalty is the most serious crime in its maximum
period
v. There can be a complex crime of coup d’état with sedition
as they are both punished under the RPC, and the former is
always political and directed against the government and the
latter may or may not be political or directed against the
government
vi. There can be a complex crime of coup d’état with rebellion
if there was conspiracy in committing the latter. The persons
liable for the former may be members of the military, police
or government, while the latter does not so require.
Moreover, the two crimes are punished independently of
each other, thus, no legal impediment in applying the
principle of complex crime under Article 48
d. Continued (continuado)
i. Single crime committed by a series of acts arising under one
criminal resolution
ii. The series of acts must be committed at about or in the same
time, such as theft of 13 cows belonging two different
owners
iii. Not a complex and a transitory crime
e. Continuing (transitory)
i. Concept of criminal procedure to determine venue
6. As to division of stages of execution
a. Formal felonies (always consummated)
i. Slander
ii. Adultery
iii. False testimony
b. Material felonies (have various stages of execution)
c. Those which do not allow a frustrated stage
i. Rape
ii. Corruption of public officers
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 Basic principles
iii. Physical injuries
iv. Adultery
v. Theft
7. As to degree of participation
a. Principal
i. By direct participation
ii. By inducement
iii. By indispensable cooperation
b. Accomplice
i. Cooperation is not indispensable to the commission of the
crime. He/she acts prior or subsequent to the crime showing
concurrence of the criminal design
c. Accessory
i. No participation in the crime nor cooperation in the
commission thereof, but has knowledge of the crime and
subsequently participated only after the crime was
consummated
ii. Profiting from the effects of the crime
1. Fencing is limited to theft and robbery
iii. Concealing/destroying the body of the crime
iv. Harboring, concealing or assisting the escape of a principal
Mala in se and mala 1. Good faith, lack of criminal intent and negligence are defenses in crimes
prohibita mala in se
2. Mitigating and aggravating circumstances are appreciated in crimes mala
in se
3. Crimes mala prohibita are punished in its consummated stage
4. The crime of technical malversation is a crime malum prohibitum as the act
of diverting public property earmarked by law or ordinance for a particular
purpose for another public purpose is not inherently immoral
5. When special laws required that the punished act be committed knowingly
willfully, criminal intent is required to be proved before criminal liability
may arise. Thus, adoption by a special law of the nomenclature of the RPC,
by itself, will not make the acts under the special law mala prohibita. The
adoption of the nomenclature is only an intended to make the RPC
supplementary to the special law.
Interpretation of 1. Criminal laws are applied prospectively
criminal law 2. Retroactive application is allowed if the old law is favorable to the accused
who is not a habitual delinquent and the new law does not provide against
retroactivity
Habitual delinquent A person who, within 10 years from the date of release or last conviction of the
crimes of falsification, robbery, estafa, theft, or serious/less serious physical
injuries, is found guilty of any said crimes for the third time or oftener
Generality 1. A characteristic of criminal law and laws of public security and safety
which obligates all who live/sojourn in Philippine territory, subject to the
principles of:
a. Treaty stipulations and international agreements
b. Laws of preferential application
c. Public international law
d. Parliamentary immunity
e. Public vessels of foreign friendly power
f. Members of foreign country stationed in the Philippines with its
consent
i. Only heads of diplomatic missions and diplomatic staff,
excluding administrative, technical and service staff, are
accorded diplomatic rank
ii. A consul is not entitled to the privileges and immunities of
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 Basic principles
an ambassador/minister. Consuls, vice-consuls and other
commercial representatives of foreign nations are not
diplomatic officers
Territoriality 1. Criminal laws of the country have force and effect only within its territory
2. Laws have application outside the territorial jurisdiction of the country in
the following instances:
a. Crimes committed on board a Philippine registered ship or airship
b. Forging/counterfeiting any coin/currency note of the Philippines, or
of obligations and securities issued by it
c. Acts connected with the introduction of the forged/counterfeited
coin, note, obligation or security into the Philippines
d. Crimes committed by public officers/employees in the exercise of
their functions
e. Crimes against the national security and the law of nations
Prospectivity/ 1. Crimes are punished in accordance with the law in force at the time of their
irretrospectivity commission under the maxim Lex Prospicit, Non Respicit
2. Criminal laws are given a retroactive effect insofar as they favor persons
guilty of a felony, although at the time of the publication of the law, a final
sentence has been pronounced and the convict is serving the same
3. Retroactivity, even if favorable, cannot be given effect when the law
expressly made it inapplicable to pending or existing causes of action
4. Retroactive effect cannot benefit a person who committed any of the
crimes of falsification, estafa, robbery, theft or serios/less serious physical
injuries within 10 years from last release/conviction
Manner of creating 1. Committing a felony although the wrongful act done be different from that
criminal liability intended
a. Mistake in identity (intended victim is different from actual victim.
Result of dolo, not culpa)
b. Mistake in blow (poor precision on the intended victim that
another. Result of dolo, not culpa)
c. Injury was greater than that intended (result of dolo, not culpa)
i. Proximate cause – cause that produces the injury
ii. Immediate cause – remote cause that sets into motion other
causes which resulted to the felony
iii. Efficient intervening cause – distinct and separate from
felonious act
1. Severe tetanus infection has a short incubation
period, less than 14 days; and those that exhibit
symptoms with two to three days from the injury,
have one hundred percent (100%) mortality
2. The incubation period of tetanus, i.e., the time
between injury and the appearance of unmistakable
symptoms, ranges from 2 to 56 days. However, over
80 percent of patients become symptomatic within
14 days. A short incubation period indicates severe
disease, and when symptoms occur within 2 or 3
days of injury the mortality rate approaches 100
percent.
d. Mistake of fact (had the facts been true as the accused believed to
be, the lawful act is justified. This is a defense in intentional
felonies)
2. Performing an act which would be an offense against persons or property,
were it not for the inherent impossibility of its accomplishment or on
account of the employment of inadequate or ineffectual means
a. The offender must believe that he can consummate the intended
crime. A man stabbing another who he knew was already dead
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 Basic principles
cannot be liable for an impossible crime (legal impossibility)
b. There is no impossible crime of kidnapping
c. Legal vs. physical impossibility
d. In attempted/frustrated, the means are sufficient but the intended
crime is not produced, while in impossible crimes, the means
cannot in any way produce the intended crime
e. Impossible crime is a crime of last resort where the penalty is
arresto mayor or a fine
f. An impossible crime is a formal crime
Conspiracy 1. Conspiracy exists when two/more persons come to an agreement
(bilateral) and concerning the commission of a crime and decide to commit it
proposal (unilateral) a. Mere knowledge or approval of the act, without cooperation or
agreement to cooperate, is not enough to constitute conspiracy,
except when he is a mastermind
b. Conspiracy as a crime when the law expressly punishes it,
otherwise, it is only a preparatory act
c. Conspiracy as a basis of incurring criminal liability
i. Mastermind does not need to be in the scene of the crime
ii. A get-away driver does not need to be in the scene of the
crime
iii. In parricide, the element of relationship must always be
present
iv. In murder, the element of treachery must always be present
and known to all the conspirators
d. Express conspiracy to the agreed crime
e. Implied conspiracy when the offenders acted in concert that their
synchronized acts indicate that they were pursuing a common
criminal objective
i. Not all present at the scene are conspirators
ii. Only those who participated are co-conspirators
iii. Presence + participation = common design
f. Overlapping conspiracy – performance of first conspiracy for
another conspiracy where there was no active part
g. Chain conspiracy in drugs – different transaction are links to an
overall agreement, called the chain. The transactions must know of
the other transactions to be considered a link. (like business
operations between manufacturer and wholesaler, wholesaler and
retailer, and retailer and customer)
h. Wheel or circle conspiracy in plunder – a single person (hub)
individually deals with another person/group (spoke) to a common
goal in an overall conspiracy (rim)
i. Conspiracy is different from evident premeditation which requires
full opportunity for reflection
j. A head/chief cannot be held liable as a conspirator simply on the
basis of command responsibility as heads/chiefs have to rely to a
certain extent on their subordinates (Arias doctrine)
2. Proposal exists when the person who has decided to commit a crime
proposes its execution to another
a. Merely preparatory, unless the law punishes proposal, such as
treason, rebellion and coup d’état
B. JEMAA
Justifying
Concept 1. Burden of evidence is shifted to the accused to prove all indispensable
ingredients of the defense
2. Basis is lack of criminal intent (actus non facit reum, nisi mens sit rea)
3. There is no civil liability ex delicto, except ‘avoidance of greater
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 Justifying
evil/injury’ in line with the doctrine of unjust enrichment
Self-defense 1. Defense of person/body
2. Defense of person’s home
3. Defense of rights that are protected by law
4. Defense of right to honor
a. A slap on the face is unlawful aggression as the face represents a
person and his dignity. It is a serious personal attack
5. Defense of property rights
a. Applies when the attack on the property was coupled by an attack on
the person
b. Exception of the requirement of both attacks is the case of a snatcher
who died when he fell, and the victim merely protected his watch
while riding a moving vehicle
6. Defense in libel
a. Physical assault is justified when libel is aimed at a person’s good
name
b. While libel is in progress, one libel deserves another
4. What is important is the reasonable means employed in preventing the
attack
5. Effects of self-defense
a. No criminal and civil liability when all elements are present
b. Privileged mitigating circumstance when majority of elements are
present, provided there is unlawful aggression
6. Elements/requisites
a. Unlawful aggression (indispensable requisite)
i. Must be an actual, sudden and unexpected attack, or
imminent danger thereof, not merely a threatening or
intimidating attitude
ii. Lawful aggression when the attack is in fulfillment of a duty,
or the exercise of a right in a more or less violent manner,
except when the public officer exceeded his authority. In the
latter case, the public officer may become an unlawful
aggressor
iii. There is unlawful aggression even if the aggressor used a toy
gun, provided that the accused believed it to be a toy gun
iv. Aggression ceases when retreat is made, except when the
retreat is made to take a more advantageous position to
ensure success of the attack
b. Reasonable necessity of the means employed to prevent/repel the
unlawful aggression
i. Nature and quality of weapon used
ii. Physical condition, character, size, and other circumstances
of the aggressor and defender
iii. Place and commission of the attack
iv. Doctrine of rational equivalence does not imply material
commensurability but appropriateness of the means to the
attack
c. Lack of sufficient provocation on the person defending him/herself
i. No sufficient provocation on the defender
7. Sufficient provocation must immediately precede the aggression
8. The doctrine of ‘stand ground when in the right’ is the rule followed as
opposed to the doctrine of ‘retreat to the wall’
9. Battered woman syndrome of at least 2 cycles which consist of: tension
building phase, acute battering incident, and tranquil or loving phase
a. No criminal or civil liability
b. Now applies to parricide
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 Justifying
c. Only a certified psychologist or psychiatrist can prove the existence
of a battered woman syndrome in a woman
Defense of relatives 1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent/repel it
3. In case the provocation was given by the person attacked, the one making
the defense had no part therein
4. If the relationship is beyond the 4th civil degree, the defense is considered to
be that of a stranger
5. Death of a spouse does not terminate the relationship by affiliation
6. Motive is relative in this kind of defense
Defense of stranger 1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent/repel it
3. The person defending be not induced by revenge, resentment, or other evil
motive
Avoidance of 1. Requisites:
greater evil/injury a. Actual existence of the evil/injury sought to be avoided
b. The E/I feared is greater than what was done to avoid it
c. There is no other practical and less harmful means of preventing it
d. The state of necessity/emergency was not due to the fault or
negligence of the person claiming the defens.
2. Doctrine of self-help states that the owner/lawful possessor of a thing has
the right to exclude any person from the enjoyment and disposal thereof.
For this purpose, he/she may use such force as may be reasonably necessary
to prevent/repel an actual/threatened unlawful physical invasion/usurpation
of his/her property
3. In a state of necessity, the offender deliberately caused the damage. In
accident, the offender accidentally caused the damage
4. Persons whose benefit the harm has been prevented are civilly liable in
proportion to the benefit which they received
Fulfillment of duty/ 1. Requisites:
exercise of right or a. Accused acted in the performance of a duty or in the lawful exercise
duty of a right or office
b. Injury caused or offense committed be the necessary consequence of
the due performance/exercise of the duty, right or office
2. The injury/offense committed be the unavoidable or necessary consequence
of the due performance/exercise of the duty, right or office
Obedience to an 1. Requisites:
order of a superior a. Order issued by a superior
b. Order must be for a lawful purpose
c. Lawful means used by the subordinate to carry out the lawful order
of his superior
2. A driver of an escaping prisoner is not criminally liable when the former did
not know that the latter was leaving prison
3. Even if the order is patently illegal, the subordinate may invoke an
exempting circumstance of having acted upon the compulsion of an
irresistible force, or under the impulse of an uncontrollable fear
4. A governor has no power to transfer a detention prisoner. A jail warden has
no duty to follow such unlawful order to transfer a detention prisoner

Exempting
Concept 1. There is a crime committed but there is no criminal liability
2. No criminal liability but with civil liability.
3. No criminal and civil liability in accident and in lawful and insuperable
causes
4. The basis is lack of voluntariness or want of negligence
5. Where the accused failed to show complete impairment of intelligence, the
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 Exempting
Court would only recognize a mitigating, not an exempting circumstance.
Our jurisdiction follows the test of cognition, rather that the test of volition
Imbecile, or insane 1. Basis is lack of intelligence
person who was not 2. Complete deprivation of intelligence
in his/her lucid 3. Doubt as to the fact of insanity should be resolved in favor of sanity
interval 4. Dementia praecox (schizophrenia) is a form of psychosis where homicidal
attacks are common
5. Investigation of a psychiatrist is required in cases of kleptomania
6. Epilepsy may or may not be considered as insanity
7. Somnambulism is included in the term insanity
8. Feeble-mindedness is not imbecility nor insanity
Minority 1. Basis is lack of intelligence
2. Discernment is manifested through the manner of committing the crime
3. Child 15 yrs of age or under
a. Exempt from criminal liability
b. Child subjected to community-based intervention program
4. Child 16 yrs of age to 17 yrs who acted without discernment
a. Exempt from criminal liability
b. Child subjected to community-based intervention program
5. Child 16 yrs of age to 17 yrs who acted with discernment
a. Not exempt from criminal liability
b. Child subjected to diversion program
6. Exemption from criminal liability does not include exemption from civil
liability
Accident 1. Basis is lack of criminal intent
2. Requisites (all must be complied with)
a. The act causing the injury is lawful
b. Performed with due care
c. Injury caused by mere accident or unforeseen event
d. No fault or intention to cause the injury
3. When one requisite is lacking, the act is considered as either reckless
imprudence2 or simple imprudence3
4. Accident refers to an event beyond the bounds of humanly foreseeable
consequences, thus, presupposes a lack of intention to commit a wrong
5. When the consequences are plainly foreseeable, it will be a case of
negligence
6. Infliction of the injury by mere accident does not give rise to criminal and
civil liability, but the accused is duty bound to attend to the victim
Compulsion of an 1. Basis is lack of freedom4
irresistible force 2. Degree of irresistibility of force should reduce the person to a mere
instrument that his/her acts are done not only without but also against
his/her will
3. Requisites:
a. Compulsion by irresistible force
b. Physical force must be irresistible
c. Physical force must come from a 3rd person
4. A threat of future injury is not enough. The compulsion must be of such
character as to leave no opportunity for the accused to escape or self-
defense in equal combat
Impulse of an 1. Basis is lack of freedom
uncontrollable fear 2. Requisites:
of an equal/greater a. Threat, that causes fear, is of an evil greater than or at least equal to
injury that which is required to commit the crime
2
No precaution at all which most common prudence requires
3
Mere lack of precaution where harm is not imminent, or danger is not openly visible
4
Freedom = intelligence + voluntariness
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 Exempting
b. A promise of an evil of such gravity and imminence that the
ordinary may would have succumbed to it
3. In irresistible force, the compulsion is by means of violence or physical
force, while the compulsion in uncontrollable fear is by means of
intimidation or threat
4. The compulsion in irresistible force comes from a 3rd person and directly
made to the person of the accused. On the other hand, compulsion in
uncontrollable fear is directed to a 3rd person that the injury to him/her
would be greater or at least equal to the damage that would be caused to
avoid it
5. In irresistible force, there is no civil liability, while in uncontrollable fear,
there is civil liability which is secondary to the person who caused the fear
and is primarily civilly liable
6. The person who used force or created the fear is criminally and primarily
civilly liable, while the accused who performed the act involuntarily is
secondarily civilly liable
Lawful and 1. Basis is lack of criminal intent
insuperable cause 2. Insuperable cause is some motive which has lawfully, morally or physically
prevented a person from doing what the law commands
3. Requisites:
a. Act required by law to be done
b. Failure of that person to perform an act
c. Failure to perform was due to some lawful or insuperable cause
4. This defense applies to felonies by omission

Mitigating
Concept 1. There is offsetting in ordinary mitigating and none in privileged mitigating
2. Ordinary mitigating operates to reduce a divisible penalty to the minimum,
while privileged mitigating reduces the penalty by one or two degrees
depending upon the law
3. Ordinary mitigating does not apply to a single indivisible penalty while
privileged mitigating is always considered regardless of the penalty
imposed
4. Privileged mitigating:
a. Minority
b. Crime is not wholly excusable
c. Two or more mitigating and no aggravating, imposable penalty is
next lower to that prescribed, and the period would depend on the
number and nature of the mitigating circumstances
d. Voluntarily releasing an illegally detained person within 3 days
without the offender attaining his purpose and before the institution
of a criminal action
e. Abandonment without justification of the spouse who committed
adultery
f. Concealing dishonor in infanticide
Incomplete 1. Privileged mitigating circumstance under Article 69 – majority
justifying/exempting a. One or two degrees depending on how the judge regards the
circumstance importance of the present requisites
2. Ordinary mitigating – less than majority
3. Ordinary mitigating – unlawful aggression is present and other requisites
are absent
4. Privileged mitigating – unlawful aggression is present and another requisite
is also present
5. If there are more than 3 mitigating, lower penalty by one/two degree(s),
then lower the period
6. In the exempting circumstance of accident, the case will fall as negligence
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 Mitigating
or imprudence. In such case, the effect would be like a mitigating since the
penalty is lower than if the felony was committed intentionally
7. If the person intended to cause an injury in the guise of performing a lawful
act, it will be a case of an intentional felony
8. There is no incomplete exempting circumstance of insanity as there is
no middle ground between sanity and insanity
Offender is under 18 1. Basis is diminution of intelligence
or over 70 yrs old 2. Age brackets:
a. ↓15 = exempting + community-based program
b. 15-↓18 without discernment = exempting + community-based
program
c. 15-↓18 with discernment = exempting + diversion program
d. 18-70 = full criminal responsibility
e. ↑70 = mitigating, no imposition of death penalty, suspension of
imposition of death sentence, commutation of death sentence
3. Senility is mitigating
4. Senile dementia is exempting
No intention to 1. Basis is diminution of intent
commit so grave a 2. It is necessary that there be a disproportion between the means employed
wrong and the resulting felony. If the resulting felony is expected from the means
employed, praeter intentionem does not apply
3. Factors in determining intention:
a. Weapon used
b. Part of the body injured
c. Injury inflicted
d. Manner it is inflicted
4. Not applicable in:
a. Felonies by negligence
b. Employees of brute force
c. Anti-hazing law
5. This defense is only available when the victim dies. It does not apply when
the victim lived as the felony would be physical injuries
6. Applicable to physical injury/harm and not to defamation/slander
Sufficient threat or 1. Basis is diminution of intelligence and intent ~ outrage under a diminished
provocation self-control
2. Threat/provocation must be sufficient, given by the offended party and
immediate to the act
3. Natural reaction to an offensive and strong threat
4. Sufficiency depends on:
a. Act constituting the provocation
b. Social standing of the person provoked
c. Time and place of provocation
5. Liability of accused is mitigated only insofar as the person who made the
provocation/threat and does not extend to his/her companions who have no
part in the provocation/threat
6. Time is an element in determining the mitigating circumstance resulting to
the outrage
Vindication of a 1. Requisites:
grave offense5 a. Grave offense/wrong made against accused or his/her
family/relatives
b. The accused committed a felony to vindicate the offense/wrong
2. Factors to consider in determining whether an offense/wrong is grave:
a. Age
b. Education
c. Social status
5
Offense need not be a crime. It is enough that a wrong doing was committed
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 Mitigating
3. Lapse of time is allowed between the vindication and the grave offense
Passion or 1. A prior unjust/improper act preceded passion/obfuscation which arises
obfuscation from legitimate sentiments
2. P/O may build up and strengthen over time until it can no longer be
repressed to such extent that it will ultimately motivate the commission of
a crime
3. Action to commit a crime arouse from an impulse so powerful that it
naturally produced P/O
4. Rule when 3 mitigating are present, i.e. sufficient T/P, vindication of a
grave wrong and P/O:
a. Only 1 should be given in favor of the offender, i.e. if given the
benefit of #4, then #5 and #6 is not allowed, and vice-versa
b. The three may be appreciated together only when it arose from
different set of facts although they may have arisen from one and
the same case
5. No P/O when motivated by or committed in the spirit of
lawlessness/revenge
6. May be an exempting circumstance only if serious physical injuries or
killing was done under ‘death/physical injuries under exceptional
circumstances’
Voluntary surrender 1. To save the effort time and expenses to be incurred by the government in
searching for the offender
2. Composition:
a. Voluntary surrender to a person in authority or his/her agents
b. Voluntary confession of guilt before the court prior to presentation
of evidence for the prosecution
c. If both are present, there would be 2 independent mitigating
circumstance
3. Requisites:
a. Offender had not been actually arrested
b. Surrender made voluntary and to a person in authority or his/her
agent
4. Voluntarily should demonstrate the intent to surrender without conditions
because of (1) acknowledgement of guilt and (2) to save the trouble and
expense necessarily included in searching for and capturing the offender
5. Issuance of a warrant of arrest is immaterial and irrelevant. The criterion is
whether the offender went into hiding or had the opportunity to do so, and
the law enforcers do not know of his whereabouts
6. No voluntary surrender when the return of the warrant showed that the
offender was in fact arrested
7. When the offender had the opportunity to flee but did not do so, such as
when he/she waited for the law enforcers to arrive, voluntary surrender is
mitigating
8. When the opportunity had no opportunity to flee, such as when he meekly
went with the responding law enforcers, voluntary surrender is not
applicable
9. The conduct of the accused, not his/her intention alone, after the
commission of the offense is determinative of the spontaneity of the
surrender
10. It is not required that voluntary surrender be made before the order of
arrest. What matters is spontaneity of the surrender, or the inner impulse to
surrender without external stimulus, in obedience to an order of arrest
regardless of the warrant was net yet issued or already issued
11. Fleeing the scene, not to escape, but to seek legal advice from a lawyer and
a subsequent surrender to the mayor is voluntary surrender
12. When a conviction for frustrated homicide was modified, on appeal, to
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 Mitigating
reckless imprudence, the courts have sound judicial discretion in the
imposition of the penalties without regard to the rules in appreciating
mitigating and aggravating circumstances
13. A plea to a lesser offense (or qualified plea) is not mitigating because
voluntariness must not only be made unconditionally but must admit to the
offense charged
14. Plea of guilty is not mitigating in culpable felonies and crimes punished
under special laws
15. Voluntary surrender = spontaneity + acknowledgement of guilt
16. Plea of guilty = must not be qualified + before presentation of evidence of
prosecution
17. A plea of guilty to an amended information, despite a not guilty plea in the
original information, is considered a mitigating circumstance
Physical defect 1. A limitation/restriction to action, defense or communication because of a
person’s physical condition, i.e. (1) being deaf and dumb, (2) blindness, (3)
cripple, (4) stutterer, etc.
2. The defect must have a relation to the commission of the crime
3. Being deaf and dumb is mitigating when he/she physically attacks another
who slandered the former
4. Even if the offender is only deaf and not dumb, dumb but not deaf, blind in
one eye, he/she is still entitled to a mitigating circumstance as long as the
physical defect restricted/limited his/her action, defense or communication
5. The law does not discriminate between educated and uneducated deaf-mute
or blind persons
Illness of the 1. Requisites:
offender a. Illness diminishes will power or voluntariness
b. Illness should not deprive the offender of consciousness of his/her
acts. Otherwise, he/she would be classified as an insane/imbecile,
thus, exempting
2. A polio victim, in his younger days of limping while he walks, cannot
claim his/her illness as mitigating in the crime of oral defamation
3. A schizophrenic reaction is only mitigating, not exempting
Similar and 1. Act of the offender of leading law enforcers to the scene of the crime
analogous where the instrument used in the crime is buried has been equivalent to
circumstance voluntary surrender
2. Stealing, driven by the impulse to do so out of extreme poverty is
analogous to incomplete state of necessity, unless his/her poverty was
caused by his/her own way of life
3. A defendant with failing eye sight and is 60 yrs old is similar to a case of a
person over 70 yrs of age
4. Impulse of jealousy is similar to passion/obfuscation
5. Voluntary restitution of property is similar to voluntary surrender
6. Outraged feeling of the owner of an animal that was taken for ransom is
analogous to vindication of a grave offense
7. Esprit de corps is similar to passion/obfuscation
8. Wartime state of confusion resulting in illegal possession of firearm after
the liberation is similar to lack of intent to commit so grave a wrong
9. Testifying for the prosecution without the information being discharged is
considered a plea of guilty
10. Acting out of embarrassment and feared caused by the victim because of
gambling debts of the accused is akin to P/O
11. Retaliation for having been assaulted during a public dance where the
accused was well known and respected is similar to vindication
12. When the petitioner submitted his/her handwritten extrajudicial confession
coupled with the act of surrendering the pawn tickets, and thereafter going
to the police station is analogous to voluntary surrender
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 Mitigating
13. This provision authorizes courts to consider any other circumstance in
favor of the accused
14. Circumstances which are neither exempting nor mitigating
a. Mistake in the blow
b. Entrapment
c. Accused is over 18
d. Performance of righteous action
Humanitarian An abandoned wife, who remained and found guilty of bigamy, is entitled to a
reasons mitigating circumstance of ‘for humanitarian reason’ as her marriage was later
on declared null and void

Aggravating
Concept 1. Effects:
a. Increases the penalty without exceeding the maximum, or
b. Changes the nature of the crime
2. Generic – generally applies to all crimes with offsetting
3. Specific – applies only to specific crimes
a. Cruelty in crimes against persons
b. Treachery in crimes against persons
c. Relationship of the victim and the offender in less serious physical
injuries
d. Victim is a person in authority in less serious physical injuries
e. Unlicensed firearms in robbery in band
f. Abuse of authority or confidential relations by guardians/curators in
seduction, rape, acts of lasciviousness, white slavery and corruption
of minors
g. Positive finding in the use of drugs for crimes under the
comprehensive drugs act
4. Qualifying – changes the nature of the crime and no offsetting, except for
privileged mitigating
5. Inherent – must of necessity accompany the commission of the crime
a. Abuse of public office in bribery
b. Breaking of a wall or unlawful entry into a house in robbery with
force upon things
c. Fraud in estafa
d. Deceit in simple seduction
e. Ignominy in rape
f. Evident premeditation in robbery and estafa
g. Disregard of respect due to the rank of the offended in direct assault
h. Superior strength in treason
i. Cruelty in mutilation
6. Special – cannot be offset but results in the imposition of the maximum
period of the penalty
a. Quasi-recidivism
b. Complex crime
c. Taking advantage of public position
d. Membership in organized/syndicated crime group
e. Use of loose firearm when inherent in the commission of the crime
7. When there is more than one qualifying aggravating, one will be considered
as qualifying while the other as generic
8. Aggravating circumstance that does not affect the penalty:
a. In themselves, constitute a crime especially punished by law
b. Included by law in defining and punishing a crime
c. Inherent in a crime to such a degree that it must of necessity
accompany the commission thereof
9. Aggravating circumstances personal to the offender affects him/her only
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 Aggravating
Advantage taken of 1. Basis of greater perversity because of the personal circumstance of the
public position accused used to secure the commission of the crime
2. Personal circumstance used refers to abuse of public position, use of
position facilitated the commission, or abuse/use of influence, prestige or
ascendancy
Contempt/insult to 1. Basis of greater perversity because of lack of respect for the public
public authorities authorities
2. The crime was committed in the presence of a public authority
3. The crime is not directed to a public authority
4. Public duty is performed outside the office
5. A barrio captain and a barangay chairman are deemed a person in authority
6. For purposes of direct assault and simple resistance, persons in authority
include teachers, professors and persons charged with the supervision of
educational institutes; and lawyers in the actual performance of their
professional duties or on the occasion of such performance
7. The offender knows that he/she committed the crime in the presence of a
public authority whom he/she knows to be a public authority
8. Lack of knowledge of the presence of a public authority indicated lack of
intention to insult the public authority
Disregard of rank, 1. Four separate and independent aggravating circumstances
age, sex or dwelling 2. If all four are present, the weight is of one aggravating circumstance only
3. Rank, age and sex is applicable only to crimes against honor or persons, not
against property.
4. RAS do not apply to the special complex crime of robbery with homicide
which is classified as a crime against property
5. The offended-owner must not have given sufficient provocation in disregard
of dwelling to be aggravating. Otherwise, it would be mitigating
6. RAS cannot co-exist with P/O
7. In appreciating rank, there must be a difference in the social condition of
the offender and the offended party
8. Sex refers to the female sex
9. RAS is not considered when the offender and the offended has a
relationship
10. When being a woman is an indispensable element of the crime, such as
rape, parricide, abduction and seduction
11. Dwelling:
a. Not necessary that the accused entered the dwelling to commit the
offense
b. It is enough that the victim was attacked inside his/her dwelling by
the perpetuator who was outside the house, such as when the
triggerman fired shots from outside while the victim was inside
c. As long as there is no provocation on the part of the guest and the
owner, the aggravating circumstance of dwelling shall be considered
d. When not aggravating:
i. Owner gave the provocation
ii. Offender and offended occupy the same house, except in
adultery committed in the conjugal dwelling, the same is
disregard to dwelling; However, if one of the dwellers
becomes a paramour, the aggravating circumstance is abuse
of confidence
iii. Robbery by use of force upon things
iv. Trespass to dwelling
v. Victim is not a dweller of the house
e. When the owner/occupant of the dwelling gave sufficient
provocation immediately before the commission of the crime, the
fact that the crime was committed in the dwelling is not aggravating
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 Aggravating
Abuse of 1. Abuse of confidence applies only when there is trust
confidence and a. Makes it easier to commit the crime
obvious b. Abuse facilitated the commission the crime
ungratefulness c. Instances when abuse of confidence is not considered:
i. Malversation
ii. Qualified theft
iii. Estafa by conversion or misappropriation
iv. Qualified seduction
2. Ungratefulness must be of such clear and manifest ingratitude
a. Requisites:
i. Abuse of trust by committing a crime against the trustor
ii. The act was committed with obvious ungratefulness
Palace and place of 1. In the palace of the Chief Executive
commission of a. Aggravating regardless of whether official functions are being held
offense 2. In the presence of the Chief Executive
a. The offender must be aware of the presence of the Chief Executive
who may or may not be engaged in his/her official functions
3. Where public authorities are engaged in the discharge of their duties
a. Not aggravating in direct assault
b. Public duty is performed in the office
c. Offended party may or may not be the public authority
4. In a place dedicated to religious worship
a. Aggravating regardless of whether religious functions are being held
b. Place must be permanently dedicated to public religious worship
i. Private chapels and cemeteries are no places dedicated to
religious worship
5. The accused must have purposely sought the place for the commission of
the crime
6. The accused committed the crime notwithstanding the respect to which
the place was entitled
Nighttime, 1. Nighttime
uninhabited place a. It means darkness
or band b. Period is after sunset to sunrise, from dusk to dawn
c. The crime should have begun and completed at nighttime/ in the
darkness
d. Reasons:
i. Recognition of the accused is more difficult
ii. Harder for the victim to defend him/herself
iii. Provides security for the accused
iv. Mere darkness gives others anxiety or fear
v. Nighttime is absorbed in treachery, unless both were
deliberately decided upon, then they can be considered
separately if such circumstances have different factual bases
2. Uninhabited place
a. Where there are no houses at all
b. Considerable distance from town
c. Where houses are scattered at a great distance from each other
d. What should be considered is not the distance but the reasonable
possibility of the victim from receiving help
e. The offender chose the place as an aid to either easily accomplish
the crime without interruption, or to insure concealment of the crime
3. Band means at least 4 armed malefactors acting together
a. All must be armed. Otherwise, the aggravating circumstance to be
appreciated is the aid of armed men or persons who insure impunity
b. No particular weapon is required. Any instrument, by reason of its
nature and the purpose of the how the accused used it, is capable of
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 Aggravating
inflicting serious injuries
c. Arms is not limited to firearms
d. If the group of two or more persons falls under organized or
syndicated crime group, it is a special aggravating circumstance
where there can be no offsetting
e. Band is considered in crimes against property or persons, including
illegal detention or treason
f. Band is not applicable in crimes against chastity
g. Band is inherent in brigandage
h. Band is inherent in abuse of superior strength and use of firearms
i. All of the armed men must take part in the execution of the crime,
thus, all are principals by direct participation
j. If one of the four is a principal by inducement, there can be no band
On occasion of 1. Basis is to add to the suffering caused by a great calamity by taking
calamity or advantage of the misfortune
misfortune 2. Conditions of distress
Aid of armed men, 1. Armed men or persons took part, directly or indirectly, in the commission
or persons who of the crime and they or their help was relied upon by the accused in
insure/afford committing the crime
impunity 2. Armed men include armed women
3. When not considered:
a. Both attacking party and party attacked were equally armed
b. Accused and the armed men or persons acted under the same plan
and for the same purpose
c. Casual presence of the armed men when the accused did not avail of
their aid or relied upon them to commit the crime
4. Armed men are considered as accomplices
Recidivist 1. Specializing on such kind of crime (against persons, etc.). a kind
characterized in the same title.
2. One who, at the time of his trial for one crime, shall have been previously
convicted by final judgement for another crime embraced in the same title
of the RPC
3. Offender is convicted of the new offense
4. It only affects the periods of the penalty
5. In prostitution and gambling, recidivism increases the penalty by degrees
6. There must be a prior conviction before the taking into account that the
accused is a recidivist in the new crime. Thus, there is no recidivism when
the accused was convicted of robbery with homicide committed on
December 23, 1947 and convicted again, but of theft, committed on
December 30, 1947
7. If both offenses were committed on the same date, they shall only be
considered as one. Likewise, conviction handed down on the same date,
shall only be counted as one
8. Pardon affects only the penalty which is excused, not the conviction. Thus,
pardon will not obliterate recidivism even if it is an absolute pardon.
However, when the penalty had already been served, the subsequent
pardon extinguishes the recidivism
9. Amnesty extinguishes not only the penalty, but also its effects. Thus,
recidivism is also obliterated
10. Recidivism is not subject to prescription
Reiteracion 1. The basis is the penalty attached (prescribed) to the offense, not the penalty
actually imposed that is considered
2. It is necessary that the offender served his first sentence
3. The offender committed another offense not embraced in the same title
4. The previous offense has a penalty that is equal to or greater than the new
offense, or
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 Aggravating
5. The previous offenses (more than 1) have a penalty lesser than the new
offense
6. Not always an aggravating circumstance
Price, reward or 1. Two principals are involved, i.e. the principal by inducement and the
promise principal by direct participation
2. It must be the primary reason/primordial motive for the commission of the
crime
3. When it is not the compelling motive, the consideration will not be
considered aggravating
Inundation, fire, 1. The enumeration is the means or the manner of commission of the crime
poison, explosion, 2. If they are used as a means, not of commission, but to accomplish the
stranding a vessel crime, then it is aggravating
or damage thereto, 3. Not aggravating when they are included as an element of the crime, such as
derailment of fire in the crime of arson
locomotive, other 4. Rules in using fire:
artifice involving a. Intent was only to burn, but somebody died – crime is arson and the
great waste and penalty is higher
ruin b. Intent was to use fire as a means to kill – crime is murder and fire is
absorbed
c. Intent was to kill and fire was used to conceal the crime – two
separate crimes, i.e. murder and arson, respectively
Evident 1. Appreciated only in crimes against persons
premeditation 2. Requisites:
a. Determination
b. Preparation
c. Time
3. Evident premeditation is absorbed in treachery
4. There must be direct evidence showing deliberate planning/preparations to
commit the crime
5. Evident premeditation is not appreciated in mistake in error in personae
and aberratio ictus
6. Evident premeditation is appreciated when there is no particular intended
victim person to kill
7. Evident premeditation is appreciated where the victim belonged to the
same class or family designated by the accused
8. Conspiracy generally connotes premeditation. However, it does not
apply in implied conspiracy
Craft, fraud or 1. These are all variants of the means employed to deceive the victim. If all
disguise are present, they shall be applied as a single aggravating circumstance
2. Craft involves intellectual trickery and cunning to deceive the victim by
not arousing his/her suspicion
3. Fraud refers to insidious words or machinations to deceive the victim to act
in a manner so as to enable the offender to carry out his design
4. Disguise is resorting to any device to conceal identity to deceive the victim
by making it difficult for him/her to identify the offender
a. Even if the disguise was already resorted to, but despite it, the
offender was recognized, it would not be appreciated as an
aggravating circumstance
5. Craft and fraud are absorbed in treachery if they had been deliberately
adopted
6. Craft and fraud may exist independently is adopted for different
purposes in the commission of the crime
Superior strength or 1. Purposely sought to weaken the defense of the victim
means to weaken 2. Requisites of abuse of superior strength:
the defense a. There is already an existing inequality of force in terms of age, size,
strength
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 Aggravating
i. It means excess of natural strength of the aggressor
b. The accused took advantage of his/her superior force to facilitate the
commission of the crime
3. Superiority in number does not necessarily mean superiority in strength
4. Means to weaken the defense may be absorbed in treachery
5. Requisites of means to weaken the defense:
a. Means was purposely sought
b. Means use must not totally eliminate possible defense, otherwise, it
will fall under treachery
Treachery 1. It tends to directly and specially to ensure the execution of the crime
without risk to the offender arising from the defense that the victim might
make
2. Essence is suddenness, surprise and lack of expectation that the attack will
take place depriving the victim of any real opportunity for self-defense
3. Even if the victim was forewarned, treachery may still be appreciated since
what is decisive is the execution of the attack made it impossible for the
victim to defend himself or retaliate
4. Rules:
a. Applicable only to crimes against persons
b. The means ensure the execution, but not need insure the
accomplishment of the crime
c. Mode of attack was thought of and must not spring from unexpected
turn of events
5. There is no treachery when the attack was made at the spur of the moment
6. Treachery is appreciated in error in personae and aberration ictus
7. Evident premeditation and treachery can co-exist as the former refers to the
commission of the crime while the latter refers to the execution thereof
8. Treachery can be appreciated in robbery with homicide even though it is a
crime against property because one of its components is a crime against
person
9. Instances that may be absorbed by treachery:
a. Abuse of superior strength
b. Aid or armed men
c. By a band
d. Means to weaken the defense
e. Craft
f. Nighttime
10. Time when treachery must be present:
a. When the aggression is continuous, treachery must be present at the
beginning of the assault
b. When the assault was not continuous, it is sufficient that treachery
was present when the fatal blow was given
11. Treachery cannot co-exist with passion or obfuscation as one who lost
his reason and self-control could not deliberately employ a particular means of
attack in the execution of crime
Ignominy 1. Pertains to the moral order: Ignominy adds material injury caused by the
crime; ignominy adds insult to the injury, or adds shame to the natural
effects of the crime; ignominy shocks the moral conscience of man
2. Application:
a. Crimes against chastity
b. Less serious physical injuries
c. Light or grave coercion
d. Murder
3. Rape was reclassified from a crime against chastity to a crime against
person
4. Ignominy is appreciated in rape of a woman in the presence of the husband
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 Aggravating
qualifies the crime of rape under slight physical injuries against the
husband
5. Ignominy is not appreciated when a man is killed in the presence of his
wife
Unlawful entry 1. Entrance was effected in a way not intended for the purpose
2. Inherent in the crimes of trespass to dwelling and robbery with force upon
things
3. Aggravating in the crime of robbery with violence against or intimidation
of persons
Breaking wall, roof, 1. Refers to the means employed to commit the crime
floor, door or 2. Aggravating only when they were resorted as a means to enter
window 3. When breaking is lawful:
a. An officer effecting an arrest
b. An officer who was refused admittance in executing a warrant
c. An officer liberating him/herself
d. Replevin
Aid of minor or by 1. Basis is educating a minor in committing a crime
means of motor 2. Use of motor vehicles is aggravating only when used to facilitate the
vehicle or other commission of a crime
similar means 3. Use of motor vehicles is not aggravating when used only to escape as the
law says that the crime was committed by means of motor vehicles
4. Other similar means refers to motorized vehicles or other efficient
means of transportation similar to automobile or airplane
Cruelty 1. Used primarily to prolong the suffering of the victim, causing him
unnecessary moral and physical pain
2. When cruelty was inflicted, the victim must still be alive and the offender
delights in seeing his victim suffer
3. Cruelty is not inherent in crimes against persons. It is necessary to show
positive proof that the wounds were inflicted while the victim was still
alive to unnecessarily prolong physical suffering
4. There is no cruelty when another wrong was done after the victim died.
5. In the crime of mutilation, outraging the corpse is considered as
aggravating
6. When the victim is already dead when the acts of mutilation were being
performed, this would qualify the killing to murder due to outraging of his
corpse
Other special 1. Organized/syndicated crime group
aggravating 2. Under influence of dangerous drugs
circumstances a. Positive finding for use of drugs is a qualifying aggravating
circumstance in the commission of the crime and the application of
the penalty under the RPC
b. Drug test does not cover a person arrested for violating 9165, thus, a
positive finding is considered a qualifying aggravating circumstance
under 9165
c. Other aggravating circumstance:
i. Sale within 100m from a school
ii. Use of minors
1. Over 15 at the time of commission
+ not more than 18 at the time of promulgation
= suspended sentence
provided, there are no previous convictions or
commitments; provided further that suspension of
sentence was favorably recommended
2. Violation of the suspended sentence would result to
the pronouncement of the judgement of conviction
and the consequent service of sentence
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 Aggravating
3. A first-time minor offender is entitled, at the sound
discretion of the court, to probation in lieu of
imprisonment
4. The RPC was expressly prohibited to be applied in
drugs cases, except when the (1) offender is a minor
and (2) the penalty of life imprisonment to death, by
express provision of 9165, the penalty to be imposed
is reclusion perpetua to death. Thus, the privileged
mitigating circumstance of minority would now
apply
iii. Drugs is the proximate cause of the death of the minor
iv. Processing within 100m from residential, business, church or
school premises
v. Laboratory was booby trapped, concealed behind legitimate
business or employs a practitioner, chemical engineer, public
official or foreigner
vi. Possession during parties or social gatherings, or in the
proximate company of at least 2 persons
3. Use of unlicensed firearm
a. Use of loose firearms is absorbed as an element in the crimes of
rebellion, insurrection or attempted coup d’état regardless when
used in furtherance of or incident to, or in connection with such
crimes
b. Use of loose firearms, when inherent in the commission of a crime,
shall be considered as an aggravating circumstance
i. Penalty of crime < penalty of illegal possession
= penalty for illegal possession is imposed in lieu of the
penalty of the crime charged
ii. Penalty of crime is the maximum of prison mayor which is
equal to that imposed for illegal possession, an additional
penalty of prison mayor in its minimum shall be imposed in
addition to the penalty of the crime charged
c. Use of loose firearms resulted to homicide or murder, the crime is
no longer qualified illegal possession, but homicide or murder, as
the case may be. In such case, the use of the loose firearm shall be
appreciated as an aggravating circumstance
d. Use of explosives resulting to injury or death to a person, such use
shall be considered as an aggravating circumstance
e. It is not necessary to present the firearm before appreciating it as an
aggravating circumstance. The same is true when the firearm was
not recovered. The actual firearm need not be presented if its
existence can be proven by other evidence

Alternate
Relationship 1. Exempting
a. Accessory is related to the principal, except by profiting or assisting
the principal or accomplice to profit from the effects of the crime
b. Spouse in the crime of less serious or slight physical injuries after
having surprised his/her other spouse or paramour/mistress
committing actual sexual intercourse
c. Parents with respect to their minor daughter who is living with them
and her seducer committing actual sexual intercourse
d. There is no criminal liability in the crimes6 of theft, malicious
mischief and swindling or estafa between:

6
The crimes are exclusive, hence, it does not cover the crimes of robbery or estafa through falsification
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 Alternate
i. Spouses, ascendants, descendants or relatives by affinity in
the same line. Stepparents are included as ascendants by
affinity
ii. Widowed spouse with respect to the property belonging to
the deceased spouse
iii. Brothers and sisters, or brothers/sisters-in-law who are living
together
2. Mitigating
a. Robbery, usurpation, fraudulent insolvency and arson
b. Less serious or slight physical injuries and the offended is a relative
of a lower degree
c. In infanticide and abortion, to conceal dishonor, in favor of the
pregnant woman
d. In infanticide, to conceal dishonor, in favor of the maternal
grandparents
e. Trespass to dwelling
3. Aggravating
a. In crimes against persons
i. Offended is a relative of a higher degree or of the same level
ii. Death results
iii. Rape and the offended is of a lower degree (moral
ascendancy, i.e. stepfather and stepdaughter or father and
daughter)
b. In physical injuries+
i. Serious physical injuries, except when committed by a parent
who shall inflict physical injuries to his child due to
excessive chastisement
ii. Less serious or slight physical injuries, if the offended is a
relative of a higher degree
Intoxication 1. Mitigating
a. Not habitual
b. Not subsequent to the plan to commit a felony
c. State of intoxication blurs reason and deprives the drunk of a certain
degree of control at the time of the commission of the crime
d. In the absence of proof, intoxication is presumed to be non-habitual
and the drinking unintentional subsequent the plan
2. Aggravating
a. Habitual
b. Intentional subsequent the plan
3. In both cases, the liquor must be so intoxicating as to diminish a man’s
rational capacity
4. Habit of a habitual drunkard, does not refer to the time of occurrence, but to
the excessive use of intoxicating drinks
5. The basis of intoxication as a mitigating or aggravating circumstance rests
on the effect of the alcohol, not the quantity of the alcohol taken
6. In VAWC, the defense of intoxication, or under the influence of illegal
drugs or mind altering substances, shall not be appreciated
Degree of 1. Mitigating
instruction and a. Lack or low degree of instruction in all crimes, except crimes
education of against property, theft, robbery, or assault upon the person of
offender another, crimes against chastity, murder or homicide, rape, treason
2. Aggravating
a. High degree of instruction or education when used as an advantage
in the commission of the crime
3. The test is not illiteracy alone, but the lack of sufficient intelligence
a. A lawyer who committed rape cannot aggravate his liability despite
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 Alternate
the fact of his/her knowledge of the law
b. A lawyer who committed falsification will aggravate his liability if
it be proven that he/she used his/her special knowledge to his
advantage and in the commission of the crime
4. Lack and high degree of instruction and education are two distinct
circumstances
a. One may not have any degree of instruction but is nevertheless
educated
b. Low degree of education is never aggravating in the manner that
high degree is never mitigating

Absolutory cause
Concept 1. Has the effect of an exempting circumstance as it is predicated on lack of
voluntariness
2. Prevents criminal liability from attaching
3. The grounds for the total extinguishment of criminal liability, the express
pardon and the marriage of the accused and the victim in crimes against
chastity are not absolutory causes because it presupposes that the accused
was deemed criminally liable
Example 1. Spontaneous desistance in attempted felonies
2. Light felonies in the attempted or frustrated stage, except in crimes against
persons or property
3. Accessories in light felonies
4. Accessory is a relative, except when profit is involved
5. Discovering secrets of wards through seizure of correspondence by their
guardian
6. Less serious and slight physical injuries in surprised actual sex
7. Death and serious physical injuries in surprised actual sex = destierro
8. Theft, swindling or malicious mischief committed against relatives who are
living together
9. Instigation
a. In instigation, the offender merely acted as a tool by the law
enforcers
b. Only public officers and private detectives may commit instigation
c. If a private person committed the instigation, he/she and the person
instigated are both criminally liable. The former being a principal by
inducement and the latter a principal by direct participation
d. Entrapment does not exempt the offender nor mitigate the liability
e. Frame-up and extortion are viewed with disfavor because it can
easily be concocted. Absent clear and convincing evidence, the
presumption of regular performance of public officers cannot be
overturned
10. Trespass to dwelling in order to prevent some serious harm
11. Trespass to dwelling for the purpose of rendering some service to humanity
or justice
12. Trespass to dwelling when entering cafes, taverns, inns and other public
houses while they are open

Extenuating circumstances
Concept 1. Has the effect of a mitigating circumstance
2. The penalty next lower in degree shall be imposed
Example 1. Concealment of dishonor insofar as the pregnant woman7 and her maternal
grandparents8 are concerned in the offense of infanticide9
7
2 degrees lower
8
1 degree lower
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 Extenuating circumstances
2. Concealment of dishonor as far as the pregnant woman10 is concerned in the
offense of abortion11
3. When a person committed adultery while being abandoned without
justification
C. ISLAW
ISLAW
Concept 1. To impose a minimum for purposes of parole
2. To impose a maximum for purposes of limiting imprisonment
3. Thus, a straight penalty is incorrect when the penalty is divisible
4. Computation
1st) Consider privileged mitigating circumstance
2nd) Consider ordinary mitigating circumstance
3rd) Determine maximum sentence after considering all JEMA
circumstances, if there are any
4th) Determine the minimum term of the sentence
5. Coverage:
a. Mandatory in crimes where the imprisonment is more than 1 year
6. Disqualifications
a. Those convicted of a crime with a prescribed penalty of death,
reclusion perpetua or life imprisonment (can be lowered only by a
privileged mitigating circumstance)
b. Those convicted of treason, or conspiracy or proposal to commit
treason
c. Those convicted of misprision of treason, rebellion, sedition and
espionage
d. Those convicted of piracy
e. Habitual delinquents
f. Those who escaped from confinement or evaded sentence
g. Those who violated the terms of a conditional pardon
h. Those whose maximum term of imprisonment does not exceed 1yr
i. Those who are already serving final judgement upon approval of the
ISLAW
D. Service of sentence
Service of sentence
Material All penalties are imposed without limitations even if they exceed beyond the
accumulation natural span of human life
system
Juridical Limited to not more than the three-fold length of time corresponding to the
accumulation most severe penalty, and in no case to exceed 40 years
system
Absorption system Lesser penalties are absorbed by the graver penalties. This system is observed
in the imposition of penalty in complex crimes, continuing crimes and special
complex crimes
Three-fold rule 1. Duty of the director of prisons, not the judge
2. The maximum duration shall not be more than three times the length of time
corresponding to the most severe of the penalties imposed, but in no case
shall exceed 40 years
3. This rule applies if the convict has to serve at least 4 sentences,
continuously
4. All penalties, even if imposed by different courts at different times, cannot
exceed three-fold of the most severe penalty
5. If the convict has to serve 2 or more penalties, service shall be simultaneous
9
Less than 3 days old or less than 72 hrs
10
Lowered by a period, not a degree
11
Before birth
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 Service of sentence
if the nature of the penalties permit. Otherwise, service shall be successively
in the order of severity
Accessory penalties 1. Perpetual or temporary absolute disqualification
2. Perpetual or temporary special disqualification
3. Suspension
4. Civil interdiction
Pecuniary liability 1. Reparation of damages
2. Indemnification of consequential damages
3. Fine
4. Costs of proceedings
Subsidiary liability 1. Failure to meet the FINE because of insolvency
2. 1 day for the highest minimum wage rate at the time of promulgation
Subsidiary 1. Prision correctional, arresto and fine
imprisonment a. Not to exceed 1/3 of the term of sentence but in no case to continue
for more than a year
2. Fine only
a. Not to exceed 6 months for grave or less grave felonies
b. Not to exceed 15 days for light felonies
3. Higher than prision correctional
a. No subsidiary imprisonment
4. No subsidiary imprisonment for non-payment od damages
Place of service 1. RP, RT, PM, PC, AMy
a. Penal establishments provided by the Administrative Code
2. AMn
a. Municipal jail
b. House of the offender, if for health reasons
3. Destierro
a. No entry in designated places
b. No entry within a radius of not more than 250kms and not less than
25kms from designated place
Probation 1. Conviction becomes final when the convict files a petition for probation,
thereby, suspending the judgement until the petition is resolved. The filing
of the petition is a waiver to appeal
2. Both appeal and probation are statutory privileges. The choose one over the
other constitutes a waiver over the other
3. When a judgement of conviction imposing a non-probationable penalty is
appealed and such judgement was modified imposing a probationable
penalty, the accused is allowed to apply for probation before finality of the
modified judgement
4. When several accused took appeal, the others who did not appeal may apply
for a probation
5. Probation is available whether the sentence imposes imprisonment or a fine
only
6. Disqualifications:
a. Sentenced to a maximum of more than 6 years
i. A first-time minor offender for illegal possession of drugs is
qualified for probation regardless whether the penalty
imposed exceeded 6 years
b. Conviction of a crime against national security
c. Previous conviction of an offense punished by more than 6 months
or by a fine of more than ₱1,000.00
d. Have been on probation once
e. Already serving sentence at the time the probation law became
effective
f. Appealing a judgement of conviction
g. Conviction of election offenses
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 Service of sentence
h. Conviction of drug trafficking or pushing
7. Mere expiration of the period for probation does not ipso facto terminate the
probation. A court order is still required to discharge the probationer
Juvenile justice and 1. Where a child is detained, the court may order:
welfare act a. Release the minor on recognizance to the parents or suitable parents
b. Release the CICL on bail
c. Transfer the minor to a youth detention (or rehabilitation) center
2. The court may not order the detention of a child pending trial/hearing,
except in youth detention homes established by the LGUs
3. The court may, after it shall have convicted and sentenced a CICL, and
upon application at any time, place the child on probation. The probation is
in lieu of service of sentence
E. Death of the accused
Death of the accused
Criminal liability 1. Criminal liability is extinguished by the death of the convict as to the
personal penalties. Liability for pecuniary penalties is extinguished only
when the death of the offender occurs before final judgement
2. Death of the accused pending appeal of his conviction extinguishes his
criminal liability, as well as the civil liability based solely thereon
3. Death before arraignment, the case shall be dismissed without prejudice to
any civil action that the offended party may file against the estate of the
deceased
Civil liability ex 1. The death of the accused after arraignment and during the pendency of the
delicto criminal action shall extinguish the civil liability arising from the delict.
2. If the accused dies before arraignment, the case shall be dismissed without
prejudice to any civil action the offended party may file against the estate of
the deceased
3. A final judgment entered in favor of the offended party shall be enforced in
the manner especially provided in these rules for prosecuting claims against
the estate of the deceased
F. Crimes against persons
Crimes against persons (211)
Parricide  The relationship, except for the spouse, must be in the DIRECT line and not
in the collateral line.
 Relationship between siblings is not direct but would qualify the killing to
murder
 The marriage must be valid to fall under parricide
 There is a presumption that persons living together as husband and
wife are married to each other. The killing would still be parricide as
long as the marriage was valid
 Knowledge of the relationship is not required for the killing to be classified
as parricide. The knowledge is material only in imposing the proper penalty
 The element of relationship does not attach to a stranger who will be liable
for the crime committed
 The child killed must be at least 3 days old for parricide to be committed.
Otherwise, the crime would be infanticide
 Parricide through negligence, by mistake or made under exceptional
circumstances does not warrant the punishment of RP to death
Death or physical  When death or serious physical injuries resulted, the crime is (death/serious
injuries inflicted physical injuries) through simple imprudence or negligence and the penalty
under exceptional will be destierro
circumstances  When less serious/slight physical injuries resulted, no criminal liability
arises
 The information must be for parricide, murder or homicide because this
provision is merely a matter of defense
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 Crimes against persons (211)
 It is not necessary that the sexual intercourse was witnessed. It is sufficient
that the spouse/parent surprised the other spouse/daughter under
circumstances that no other reasonable conclusion can be inferred but a
carnal act was being performed or has just been committed
 The element of surprise means to come upon suddenly or unexpectedly
 The element of immediately thereafter means that the discovery, escape,
pursuit and killing all formed part of one continuous act
Murder  Treachery and evident premeditation are inherent in murder by poison
 Outraging and scoffing are not listed in the aggravating circumstances but
nonetheless qualifies the killing to murder
 There are 2 kinds of cruelty: one that qualifies and the other,
aggravates
 Dwelling and nighttime are not qualifying but are absorbed in treachery
 Killing of a child of tender years is murder qualified by treachery
 Where the qualifying circumstances were not proved, the accused cannot be
convicted of murder because these circumstances are ingredients of murder,
and not merely qualifying circumstances
Homicide  Intent to kill is important only in attempted and frustrated homicide
 There is no crime as frustrated homicide through reckless
imprudence as intent to kill is incompatible with negligence or
imprudence
 Illegal possession of firearms, as it now stands, is merely taken as an
aggravating circumstance in the crime of murder
 Death that resulted from a boxing match is accidental death because the
cause of the death was lawful
 Frustrated parricide, murder or homicide = penalty is 2 degrees lower
 Attempted PMH = penalty is 3 degrees lower
Death caused in a  Tumultuous affray is merely a means of pointing liability due to the
tumultuous affray inability to ascertain the identity of the actual perpetrator.
 Involves at least 4 persons that do not compose organized groups
 Since the identity cannot be ascertained, all who participated in the
tumultuous affray are liable, but with lesser liability
 Covers death and serious physical injuries
Physical injuries  Covers serious and less serious physical injuries only, no death
inflicted in  Slight physical injuries is inherent in tumultuous affray
tumultuous affray
Giving assistance to 1. Assisting another to commit suicide, whether suicide was consummated or
suicide not
2. Lending assistance to the extent of doing the killing himself
 A person who attempts to commit suicide is liable for the crime of
disturbance of public order, if the disturbance is serious
 Euthanasia is not lending assistance because the sick did not want to die.
The doctor who resorts to euthanasia is liable for murder
Discharge of  Purpose is to intimidate/frighten and the offender must not be law enforcers
firearm  There must be no intent to kill
 The firearm must initially be pointed at the offended party to satisfy
intimidation, but need not be pointed when discharged
 Discharging the firearm at the house of the offended party, without knowing
which part of the house where he/she is, is only alarms and scandals
 There is a complex crime of ‘discharge of firearm with physical injuries
when the latter are serious or less serious
Infanticide  The child killed must be at least 3 days old for parricide/murder to be
committed. Otherwise, the crime would be infanticide
 This is only a means of determining the name of crime committed by the
killer, and imposing the penalty of either parricide or murder
 Child must be able to sustain an independent life
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 Crimes against persons (211)
 Concealment of dishonor is not exculpatory, but only lowers the penalty
 PM if committed by the mother of good repute
 RT if committed by the maternal grandparents
 When a child was abandoned, without intent to kill, and death results, the
crime is abandoning a minor, not infanticide
Intentional abortion 1. Using violence upon a pregnant woman, or inflicted by and to herself
2. Administering drugs/beverages upon a pregnant woman, with or without
her consent
 Knowledge that the woman is pregnant is essential because the intention is
to cause an abortion
 It is not a crime against the woman, but to the fetus
 A fetus with an intrauterine life of less than 7 months cannot sustain life
independently. Its death still results to intentional abortion even it it was
alive when it was expelled prematurely
 When the fetus did not die, the crime is frustrated abortion
 The crime committed to the woman is the complex crime of murder or
physical injuries with abortion
 If abortive drugs were used, the crimes are intentional abortion and
violation of the dangerous drugs act
Unintentional  Intentional physical violence, without intending abortion, upon a pregnant
abortion woman
 There is no physical violence involved when a gun was pointed to a
pregnant woman, thus, no unintentional abortion
 Poison is not physical violence
 When a pregnant woman tried to commit suicide by poison
and the fetus died as a result, she is not liable for suicide
because it is not a felony. She is also not liable for
unintentional abortion because it is only caused by physical
violence, not poison. She is also not liable for intentional
abortion because the intention was to commit suicide, not to
abort the fetus
 If the pregnant woman and the fetus died, the crime committed is the
complex crime of homicide with unintentional abortion
 There is a crime of reckless imprudence resulting in unintentional abortion
 Unintentional abortion is a felony by dolo and culpa, not in the point
of view of the fetus, but of the violence inflicted to the pregnant
woman
Abortion practiced  In contradistinction to infanticide, the liability of the pregnant woman’s
by the woman maternal grandparents are not mitigated to conceal the dishonor of their
herself or by her daughter by aborting the her fetus.
parents  Only the pregnant woman’s liability is mitigated when she herself caused
the abortion
Abortion practiced  If abortion was not intended or was a result of mistake, there is no crime
by physician/ committed.
midwife, and  If the woman is not really pregnant, the crime is an impossible crime of
dispensing abortive abortion
 Abortion caused by a physician to save the life of the mother is called
therapeutic abortion. The physician incurs no criminal liability because the
intention was not to kill the fetus but to save the mother.
 As to the pharmacist, the crime of abortion is consummated by mere
dispensing the abortive drug without any prescription
 If the pharmacist knew that the drug would be used for abortion and
abortion resulted by the use of the drug, he/she is liable as an
accomplice
 The consent of the woman and/or husband does not justify them or the

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 Crimes against persons (211)
physician from the crime of abortion
Responsibility of  The participation and/or intervention of seconds who fixed the conditions is
participants in a an indispensable requirement. Without him/her, there can be no duel even if
duel there was an agreement to fight
 This provision merely fixes the responsibility of the combatants as
principals, and the seconds as accomplices
Challenging to a  The challenge must be for a duel, not for a fight, because if it is the latter,
duel the crime would be light threats
1. Challenging another to a duel
2. Inciting another to give in or accept a duel
3. Scoffing at or decrying another publicly for refusing to accept a challenge
 The persons liable are the challenger and the instigators
Mutilation  The part of the body must not be susceptible for growth again
1. Intentionally mutilating another of some essential organ for reproduction
2. Intentionally mutilating another other than the essential organs for
reproduction
 It is not necessary to cut-off the organ. It is sufficient that the reproductive
organ is rendered useless or to deprive the offended party of its use
 Cannot be committed by negligence
 There must be no intent to kill. Otherwise, the crime is attempted or
frustrated homicide or murder, as the case may be
 If there was no intent to deprive the victim of his/her body part, the crime is
serious physical injuries
 Cruelty is inherent in mutilation. If the victim dies, the crime is murder.
However, the accused may still raise the defense that he/she had no
intention to commit so grave a wrong.
Serious physical  There is no intent to kill. Intent to kill must be based on overt acts and not
injuries on oral threats
 What is punished is the consequence
 Injured person becomes insane, imbecile, impotent or blind
 Injured person losses use of speech, power to hear or to smell, an
eye, a hand, a foot, an arm or leg; or losses any of such member
 Injured person becomes incapacitated for work in which he/she was
habitually engaged
 Injured person becomes deformed
 Injured person losses any other member of his body and the use
thereof
 Injured person becomes ill or incapacitated for the performance of
the work which he/she was habitually engaged in for more than 90
days
 Injured person becomes ill or incapacitated for labor for more than
30 days, but not more than 90 days
 Relationship in parricide and the qualifying circumstances of murder will
qualify the injury to qualified serious physical injuries, except for the
relationship of a parent and child for serious physical injuries by excessive
chastisement
Administering  No intent to kill
injurious  In order to acquit the accused, he/she must have no knowledge of the
substances/ injurious nature of the substances her/she administered
beverages 1. Intentionally and knowingly administering, or
2. Taking advantage of the victim’s weakness of mind or credulity
Less serious  Consequences:
physical injuries  Injury incapacitated victim for labor for 10 days or more, but not
more than 30 days, or
 wound required medical attendance for 10 to 30 days

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 Crimes against persons (211)
 If a wound requires medical attendance for 2 days only, but the injury was
prevented form attending to his ordinary labor for 29 days, the physical
injuries are denominated as less serious
 Qualifying circumstances of injuries to less serious physical injuries:
 Manifest intent to insult or offend
 Adding ignominy to the offense
 Offender’s relationship is higher than the offended
 Offended is a person of rank or in authority, provided is not direct
assault
 Medical assistance is not important in serious while proof is required in less
serious
Slight physical  Consequences:
injuries, and  Injury incapacitated victim for labor for 1 to 9 days, or
maltreatment  wound required medical attendance for 1 to 9 days
 No incapacity to engage in habitual work or was not required to
undergo medical attendance
 Maltreatment by deed without causing any injury
 Slapping is a form of maltreatment, a form of slight physical injuries, if
done without intent to cast dishonor. Otherwise, the crime will be slander
by deed.
 Absent of victim’s proof of his/her incapacity for labor or of the required
medical attendance, or of the gravity/duration of actual injury, the
presumption is that the crime is only slight physical injuries
 A supervening event can still be the subject of amendment/ of a new charge
without placing the accused in double jeopardy
Rape  Insertion of a finger in the vagina is rape through sexual assault
 Sexual assault is not necessarily included in sexual intercourse, unlike acts
of lasciviousness
 Unlike in the old rape law, marriage extinguishes the liability of the
principal only and does not extend to other co-principals
 Absent any showing of the slightest penetration, the crime could only be
attempted rape, if not acts of lasciviousness. There is no crime of frustrated
rape
 There is now an impossible crime of rape
 Qualified rape:
 By reason of or on occasion of the rape, homicide is committed
 Family relationship, not dating relationship, + minority
 Custody and/or its officers
 Full view
 Vocation/calling
 Below 7

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 Crimes against persons (211)
 HIV/AIDS
 Permanent physical mutilation/disability
 Of a pregnant woman
 Knowledge of Mental disability/ Emotional disorder/ Physical
handicap
 Committed BY two or more persons
 Marital rape and incestuous rape
 Statutory rape is below 12 chronological or mental age
 Date and time are essential only when the accuracy and truthfulness of the
complainant’s testimony practically hinges thereon
 Sweetheart theory must be proven by convincing proof, and applies also in
acts of lasciviousness. It is not applicable in child abuse cases
 Rape shield rule – unchaste character of a woman is immaterial
 Reputation that a woman is of loose morals could still be a rape
victim
 The maria doctrine must not be the sole basis of convicting the accused
 Medico-legal finding is not indispensable
 Rules in charging the proper offense when victim is a minor:
1. 12 or older = child abuse OR rape
2. RPC cannot be complexed with a special law, like Rape through
Section 5(b)
G. Crimes against property
Crimes against property (258)
Robbery  Personal property
 Intent to gain
 Violence or intimidation against persons
 Consummated upon possession of the thing
 Force upon things
 Consummated only when the thing was taken out of the building pr
premises
 Robbery on different houses constitutes separate crime
 Robbery on different persons in the same place is only a crime, being mere
incidents of a single criminal intent
 Identity of the owner is necessary only in robbery with homicide
Robbery with  Special complex crimes:
violence against/ 1. Robbery with homicide
intimidation of 2. Robbery with rape
persons 3. Robbery with intentional mutilation
4. Robbery with arson
5. Robbery resulting in physical injuries
6. Robbery with unnecessary violence/intimidation
7. Robbery with intimidation only
Robbery with  By reason or on occasion of
homicide  Intent to rob must precede all other intents
 Even if the killing preceded the robbing, the crime is still R/H
 If aside from homicide, the crimes of rape, arson and physical injuries were
also committed, the crime is still R/H aggravated by rape, arson and/or
physical injuries, as the case may be
 If the homicide was committed as a consequence or of or on occasion of the
robbery, those principals of the homicide will also be guilty as principals in
the crime of R/H even if they did not take anything
 The crime is still R/H even if the person killed was a co-robber
 If the intent was to kill and robbery an afterthought, there are two separate
crimes, i.e. homicide and robbery, or murder (qualified by abuse of superior
strength) and robbery
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 Crimes against property (258)
 What cannot be complexed (there is no crime of):
1. Robbery in band with murder
2. Robbery with homicide in band
3. Robbery with multiple homicides
 Even if accompanied by murder, physical injuries or rape,
the crime is still R/H
4. Robbery with murder
 Treachery, a qualifying circumstance, will only be
considered as a generic aggravating circumstance
 There are separate special complex crimes of robbery with homicide and
robbery with force upon things
Robbery with rape  Even if the victim was raped twice, the crime is still R/R and the additional
rape will not be considered as an aggravating circumstance because there is
no law which provides for additional rape (or homicide) as an aggravating
circumstance
 In case there is conspiracy, all conspirators are liable for the crime of R/R,
unless anyone of the conspirators proves that he/she endeavored to prevent
the other(s) from committing rape. Such proof is evidence that the
conspiracy was for robbery only, and not for R/R
 The law does not distinguish whether the rape was committed before,
during or after the robbery. What is essential is that intent to gain precedes
intent to rape
 If robbery and rape were separated by time and space, there is no special
complex crime of R/R, but of separate and distinct crimes of R and R
Robbery with  The PI must always be serious
physical injuries  If the PI is less serious or slight, they will be absorbed in robbery
 If the less serious or slight PI was committed after the robbery was already
consummated, there would be separate charges for the PI
 If detention was a necessary means to facilitate the robbery, such as when
the children were detained to force the parents to come out with the money,
the crime will be R/serious illegal detention.
 However, if the victims were detained as hostages because of the
timely arrival of the police, the detention is absorbed in robbery and
will not be treated as a separate crime
Robbery with arson  Will only apply when there is no killing, rape or intentional mutilation
 If there is killing, rape or intentional mutilation, arson will be aggravating
 Arson was only made a component of robbery against persons, and not to
things. Hence, if robbery was committed with force upon things and
therewith arson was committed, there will be two distinct and separate
crimes
Robbery with  Merely qualifying circumstances in R/PI only
physical injuries,  In an uninhabited place
committed in an  By a band
uninhabited place  By attacking a moving train, street car, motor vehicle or airship
and by a band, or  By entering passengers’ compartments in a train, or in any manner
with the use of taking the passengers thereof by surprise in the respective
firearm on a street, conveyances
road or alley  On a street, road, highway or alley, and the intimidation is made
with the use of firearms
 Not applicable in R/H, R/IM, R/R, R/SPI resulting in IIIB
Other cases of  Any other kind of robbery with less serious/slight physical injuries
simple robbery  If there is no violence, the crime is not robbery, but theft
Robbery committed  If any unlicensed firearm was used, the penalty imposed upon all will be in
by a band the maximum of the prescribed penalty, without prejudice to the liability for
illegal possession of firearms. The use of such is a special aggravating

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 Crimes against property (258)
circumstance applicable only in a case of robbery in band
 All are liable for any assault committed by member(s) of the band, unless
one or some attempted to prevent the assault
Attempted and  Applies only when homicide is committed on the occasion of an attempted
frustrated robbery or frustrated robbery
committed under  The proper penalty for murder, parricide or infanticide shall be imposed
certain when killing was qualified by treachery or relationship in the crimes of
circumstances attempted or frustrated robbery. Thus, the most severe penalty is imposed
when killing attended the attempted or frustrated robbery
Execution of deeds  Unlike in grave coercion, the crime of robbery by execution of deeds
by means of requires both intent to gain and intent to defraud
violence or  This crime is applicable even if the subject document is of a private or
intimidation commercial in nature
Robbery in an  The whole body of the culprit must be inside the building to constitute
inhabited house or entering
public building or  If no entry was effected, even though force may have been employed in the
edifice devoted to taking of the property from within the premises, the crime will only be theft
worship  A house is still inhabited even if the inhabitants are temporarily absent
when the robbery was committed
 False keys include stolen genuine keys
 A door shall not refer to inside doors
 If the locked/sealed receptable is forced open inside the building where it is
kept and not taken away to be broken outside, the crime will be estafa or
theft, as the case may be
Robbery in an  To be qualified as robbery with force upon things, both uninhabited place
uninhabited place and band must concur
by a band  This provision does not apply in robbery with violence/intimidation against
persons may be committed in an uninhabited place or by a band
Robbery in an  If the entry was made through an open door, a closed but unlocked door,
uninhabited place and not through the window, the crime is only theft, not robbery
or in a private  Where an opening was created accidentally in the wall and entry was made
building there, the crime is robbery and not theft, because the hole was not intended
for ingress or egress
 In robbery, the breaking was effected as a means of entry. If the breaking
was effected by means of escape, the act is not robbery
 Unlike in an inhabited place, the breaking of locked/sealed receptacles may
be made inside or outside the building
 A freight car is deemed a building because it is used for storage or
safekeeping of personal property
 Rules in robbery of a store:
1. Store is used as dwelling = robbery in an inhabited house12
2. Store is not used as dwelling and there are no persons therein, and
owner lives in a separate house = robbery in an uninhabited place13
3. Store is located in the ground floor of the house of the owner. In
short, the store is a dependency of the house = robbery in an
inhabited house14
Robbery of cereals,  To apply, the robbery must not be accompanied with violence/intimidation
fruits or firewood against persons
in an uninhabited
place or private
building
Possession of  No lawful cause for such possession
picklocks or similar  The nature of the picklocks or similar tools are specially adopted to the
12
Article 299
13
Article 302
14
Last paragraph of rticle 299
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 Crimes against property (258)
tools commission of robbery
False keys  If the key was entrusted to the offender who used it to steal, the crime is not
robbery but theft
Brigandage  Purpose of the organized robbers
1. To commit robbery in the highway
2. To kidnap persons for the purposes of extortion or of ransom
3. To attain any other purpose by means of force and violence
 Depredation which means unlawful acts directed, not only against specific,
intended or preconceived victims, but against any and all prospective
victims anywhere on the highway and whoever they may potentially be
 The gravamen is indiscriminate highway robbery; or acts of robbery
perpetrated by outlaws indiscriminately against anyone on the Philippine
highway
 Keyword is indiscriminate highway robbery
Aiding or abetting a 1. Aids, abets or protects the band of brigands
band of brigands 2. Gives information of law enforcement movements
3. Acquires or receives property taken by such brigands
Theft  Lost property includes stolen property such as when the accused found a
stolen horse. He/she would be liable when that lost and stolen horse was not
delivered to the local authorities
 Finder in fact and finder in law
 Ownership is immaterial for as long as the accused took what was not
his/hers. Thus, theft may still be committed from another thief
 The test whether an object can be the subject of theft is whether it is capable
of appropriation by another
 Old ruling: there is theft when a person stole a check but he/she was
not able to use it because it bounced
 New ruling: there is an impossible crime of theft
 In theft, only the physical/material possession is transferred
 In estafa, both the material and juridical15 possession are transferred, such as
misappropriation of property
 However, there may be theft even if the accused has possession of
the property. If he was entrusted only with the material or physical
(natural possession) or de facto possession of the thing, his
misappropriation of the same constitutes theft, but if he has the
juridical possession of the thing, his conversion of the same
constitutes embezzlement or Estafa
Qualified theft  Committed by a domestic servant
 Committed with grave abuse of confidence
 Stolen property is a motor vehicle, mail matter or large cattle
 Stolen property consist of coconuts taken from the premises of a plantation
 Stolen property is fish taken from a fishpond or fishery
 Stolen property taken on the occasion of fire, earthquake, typhoon, volcanic
eruption, or any other calamity, vehicular accident or civil disturbance
 If a mere bank teller appropriates the money for personal gain, it is theft.
However, if the bank teller occupies a position of confidence and the money
in her possession was due to such confidence, it is qualified theft. In both
cases, the juridical possession remained with the bank. Thus, if juridical
possession was also with the bank teller, it is estafa
Theft of the  Has fixed penalty regardless of the value
property of the  If, however, theft was committed with grave abuse of confidence, the
national library and penalty for qualified theft shall be imposed
national museum

15
A right over the thing which the transferee may set up even against the owner
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 Crimes against property (258)
Occupation of real  Real property or real rights to property
property or  Intent to gain
usurpation of real  Used of violence/intimidation against persons
rights in property  Where there is no violence, such as when strategy or stealth was
used, there is only civil liability
 The owner who usurped the real property from the possessor, there is no
intent to gain, thus, not a crime against property. In the absence of intent to
gain the act may constitute coercion
 When killing was used in order to occupy the property, the killing is
absorbed in occupation of real property. However, if the killing took place
after the occupation, a separate crime of homicide arises
 Occupation of public agricultural lands, including public lands granted to
private individuals, is not punished under the RPC, but of R.A. No. 947
 Professional squatter16:
1. Those who have capacity/means to pay rent or for legitimate
housing, but are squatting anyway
2. Persons who were awarded lots, but sold or leased them out
3. Intruders of lands reserved for socialized housing, pre-empting
possession by occupying the same
Altering boundaries Intent to gain is not necessary. The mere act of alteration or destruction of the
or landmarks boundary marks is sufficient
Culpable  To make a property disappear for the purpose of evading fulfillment of the
insolvency and obligations and liabilities contracted to the prejudice of the creditors
fraudulent  Offender is a debtor
insolvency  If the offender is a merchant, such qualifies the crime as the penalty is
increased
 If the accused, did not conceal all of his property, this provision shall not
apply
Swindling (estafa) 1. Estafa in general
 Defraud
 Damage/prejudice capable of pecuniary estimation
2. Estafa with unfaithfulness or abuse of confidence
a. Altering the object of the obligation by changing its substance,
quality or quantity
b. Misappropriation or conversion
 Money market transaction partakes the nature of a loan and
will not give rise to estafa thru misappropriation/conversion
 Mere failure to return despite demand is only circumstantial
evidence of misappropriation. It is required that the thing
was actually appropriated for own benefit, use and
enjoyment for estafa to arise
c. Signing a blank document
3. Estafa by means of false pretenses or fraudulent acts
a. Pretending, under a fictitious name, to be someone that he/she is not
b. Altering his/her art or business by changing its quality, fineness or
weight
c. Pretending to have bribed any government employee
d. Postdating a check in payment of an obligation
 Check was drawn to enter into an obligation. The obligation
must not be pre-existing
 Check must be genuine. Otherwise, the crime is estafa thru
falsification of a commercial document
 Lack of sufficiency of funds
 The payee’s knowledge that the drawer has no sufficient
funds to cover the postdated checks at the time of their
16
R.A. No. 7279
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 Crimes against property (258)
issuance will negate estafa
 Failure to comply with a demand gives rise to a prima facie
evidence of deceit – an element of estafa
e. Ordering food in any lodging without paying
f. Obtaining credit by false pretenses in lodging establishments
g. By abandoning the or surreptitiously removing own baggage from
lodging establishments after obtaining food or refreshment, credit or
accommodation, without paying
4. Estafa through fraudulent means
a. Inducing another who actually signed a document
b. Fraudulent practice to insure success in a gambling game
c. Removing, concealing or destroying any court document
5. Formal demand is a condition precedent to the existence of estafa
6. Novation theory provides the acceptance by the victim of the payment from
the offender converts his/her criminal liability to a civil obligation. It is
applicable only in a contractual relationship
 Novation alone or payment before the institution of a criminal
complaint will not affect criminal liability because estafa is a public
offense which must be prosecuted and punished by the State on its
own volition.
7. There is a complex crime of theft and estafa when the former was a
necessary means to commit the latter
8. Estafa and illegal recruitment cannot be complexed. A person may be
charged separately of these two crimes because the former is malum in se,
while the latter, malum prohibitum. Conviction under the Labor Code does
not bar conviction for offenses punished by other laws. Conversely, the a
conviction for Estafa under the RPC does not bar conviction of illegal
recruitment under the Labor Code. Thus, acquittal in one will not result in
acquittal in the other
Other forms of 1. Exercising acts of ownership over real property by pretending to be the
swindling owner. If the real property is really inexistent, the accused is liable for
estafa by means of false pretenses/fraudulent acts
 Actual damage is an element. Intent to cause damage is not
sufficient
2. Disposing encumbered real property knowing it to be encumbered even if
the encumbrance was not recorded
 If the loan was granted before offering the property as security, there
is no estafa
3. The owner of personal property takes his/her property which is in the lawful
possession by another to his/her prejudice
4. Executing a fictitious contract to the prejudice of another
5. Accepting payment for services or labor when no such was actually
performed. If fraud is wanting, the acceptance is a civil obligation under
solutio indebiti. The estafa here is maliciously failing to return what was
paid
6. Selling, mortgaging or encumbering real property while being a surety in
bond, without express authority from the court or before being relieved as a
surety
Swindling a minor Inducing a minor to assume an obligation; or to give release or execute a
transfer of any property right. The property right does not include real property
Other deceits 1. Other deceits not mentioned
2. Interpreting dreams, making forecasts, telling fortunes or taking advantage
of the credulity of the public for profit or gain
3. False pretenses and fraudulent acts
4. This is a catch-all provision
Removal, sale or 1. Intent to defraud the mortagee is an element
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 Crimes against property (258)
pledge of 2. Chattel mortgage must be valid and subsisting
mortgaged property
Destructive arson 1. The nature of destructive arson is distinguished from simple arson by the
degree of perversity or viciousness of the offender
2. Special aggravating circumstances:
a. With intent to gain
b. For the benefit of another
c. Motivated by spite or hatred towards the owner
d. By a syndicate
3. Slightest discoloration of a part of the building is consummated arson
4. Thers is no frustrated arson
5. There is attempted arson
Malicious mischief 1. Intent is merely for the sake of damaging property
2. Must not constitute arson or other crimes involving destruction due to hate,
revenge or mere pleasure of destroying
Special cases of 1. Causing damage to obstruct the performance of public functions
malicious mischief 2. Using any poisonous or corrosive substance
or qualified 3. Spreading any infections among cattle
malicious mischief 4. Causing damage to the property of the National Museum/Library, or to any
archive or registry, waterworks, road, promenade, or any other thing used in
common by the public
Other mischiefs Committed out of hate and revenge, such as the killing the someone else’s cow
that ate one’s plants
Damage or  Railway, telegraph or telephone lines
obstruction to  Qualified if such damage results in any derailment of cars, collision or other
means of accident
communication
Destroying or  Statues or any other useful or ornamental public monuments
damaging statues,  Useful or ornamental painting of a public nature
public monuments
or paintings
Persons exempt  Presumption of co-ownership of the property between the offender and the
from criminal offended
liability in crimes  Covers only the crime of theft, swindling and malicious mischief
against property  If said crimes against property were complexed with another crime, such as
estafa thru falsification. There is no exemption of criminal liability
H. Crimes against liberty
Crimes against liberty (240)
Kidnapping and 1. Circumstances:
serious illegal a. More than 3 days
detention i. Duration is immaterial if the victim is a minor
b. Simulating public authority
c. Infliction of serious physical injuries, or making threats to kill
d. Against a minor, a female or a public officer
i. Kidnapper must not be the parent
ii. Detention is always serious, regardless of the duration, when
the victim is a female or a public officer
2. Actual intent must be to deprive someone of liberty and actual deprivation
3. If the offender is a public officer with authority to arrest and detain, it is
arbitrary detention
4. When a female is involved, the crimes may be:
a. Forcible abduction = restraint + lewd designs
b. Kidnapping with serious illegal detention = restraint
c. Grave coercion = to break her will so she will agree to a demand or
request of the offender

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 Crimes against liberty (240)
5. Subsequent disappearance of the victim will not exonerate the accused
6. Effects of voluntary relief:
a. Serious illegal detention = no effect
b. Slight illegal detention = mitigating
c. Kidnapping for ransom = not mitigating
7. Qualifying circumstances:
a. Detention is immaterial if the purpose is to extort ransom
b. Victim dies
c. Victim is raped
d. Victim is torture or subjected to dehumanizing acts
8. Special complex crimes:
a. Kidnapping with murder or homicide
b. Kidnapping with rape
i. If there is no opportunity of a co-conspirator to stop the rape
because he/she was no longer associated with his/her co-
conspirators, he/she will not be held liable for the subsequent
rape
ii. In forcible abduction with rape, the former is a necessary
means of committing the latter. If there are multiple rapes,
only the first is complexed, while the others are treated as
separate crimes.
iii. If the rape was attempted, there will be two separate crimes.
However, the attempt to rape is merely a manifestation of
lewd designs in forcible abduction
c. Kidnapping with physical injuries
d. Kidnapping for ransom with homicide
9. Unlike in robbery, there will be two separate crimes when on the occasion
or reason of the kidnapping, someone who is not the victim is killed
Slight illegal 1. Without any of the circumstances in kidnapping or serious illegal detention
detention 2. If there is a demand for ransom, the penalty is that of serious illegal
detention
3. Voluntary release within 3 days and without attaining the purpose, and
made before the institution of the criminal complaint, the liability will be
mitigated.
4. For voluntary release to be considered a privileged mitigating circumstance,
the offender must be in a position to prolong the detention for more than 3
days
Unlawful arrest  The purpose of arrest is to deliver the person arrested to the proper
authorities but the arrest is not authorized and the detention has no
reasonable grounds
 If the purpose is not to deliver the person to the proper authorities, it is
illegal detention, whether serious or slight, as the case may be
 Even if the offender is a public officer, but he/she has the authority to arrest
or detain a person, the crime is arbitrary detention. If he/she has no such
authority, the crime is unlawful arrest
 Even if the public officer is vested with authority to arrest or detain, but the
person arrested or detain is outside the former’s jurisdiction, the crime is
unlawful arrest
 A barangay kagawad is a member of the legislative council and a barangay
tanod is deemed only as an agent of persons in authority, their official duty
is not to arrest or detain a person. Thus, they are liable for unlawful arrest,
but only if there is no reasonable grounds for the arrest.
 Intent to deliver to the proper authorities is shown by the length of time the

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 Crimes against liberty (240)
victim was detained
 Crimes that may be committed when a person is arrested or detained:
 Unlawful arrest when the arrest was made without a warrant or a
valid warrantless arrest
 Illegal detention when the person arrested was not delivered to the
proper authorities
 Arbitrary detention if the offender is a public officer with authority
to arrest or detain
 Delay in the delivery of detained persons when the public officer
delay delivery of the person validly arrested to the proper judicial
authorities
Kidnapping and  What is actually punished here is not the deprivation but the failure to
failure to return a restore the minor to his/her parents/guardian
minor  The failure must be deliberate, i.e., premeditated, headstrong, foolishly
daring, intentionally and maliciously wrong
 It can be committed by a parent who refuses to return the child to the other
parent who has lawful custody of the child
 Absence of the element of entrusted custody or deliberate failure will make
the crime kidnapping and serious illegal detention; Provided, the offender is
not the parent. If it is the parent, this and the next succeeding provision will
apply
Inducing a minor to  Inducement must be actual and committed with criminal intent which can
abandon his/her de determined by the will to cause damage
home  A parent can also commit this crime
Slavery  Purpose is to enslave a human being by someone who is not engaged in
prostitution. Otherwise, it is white slave trade
Exploitation of  It is made under the pretext of reimbursing a debt of a parent, ascendant or
child labor guardian or custodian
 There is no crime, however, is the minor consents to render the service and
be retained under the pretext of reimbursing a debt
 Be careful with the circumstances and age of the minor. The best interest of
the child is primordial
Services rendered  Service must be against the will of the debtor, hence, the element of
under compulsion compulsion
in payment of debt  If there is no debtor-creditor relationship, the crime is coercion
Abandonment of  Accused is capable of rendering assistance without detriment to him/herself,
persons in danger unless his/her refusal to help constitutes a more serious offense. The victim
and abandonment is found in an uninhabited place. The gravamen of the offense is allowing
of one’s own victim the victim to suffer or die because of impossibility of assistance
 Accused abandoned his/her own victim who was wounded or injured
because of an accident caused by the former
 Failing to deliver a child under 7 who was found abandoned to the
authorities or to his/her parents, or failing to take the child to a safe place
Abandoning a  Deprivation of care and protection from danger to a child under 7
minor  Parents guilty of this crime shall be deprived of parental authority
 Qualifying circumstances
1. Death of the minor
a. Intent to kill is not presumed from the death of the victim in
crimes against liberty. The presumption only applies in crimes
against persons
2. Danger to the life of the minor
Abandonment of 1. Delivery of a minor to a public institution or other persons without consent
minor by a person of the person who entrusted such minor to the care of the offender; or in the

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 Crimes against liberty (240)
entrusted with his absence of the entrustor, without the consent of the proper authorities
custody; 2. Neglecting one’s child(ren) by not providing the education which their
indifference of station in life requires and financial condition permits
parents 3. A parent may also be liable for indifference of parents under P.D. No. 603
which does not depend upon the negligence of any parent to give education.
Indifference is punished with the penalty under this provision. Moreover,
the indifference of one parent will not exculpate his/her neglect by invoking
the other parent’s faithful compliance with his/her own parental duties
Exploitation of  Exploitation must be of such nature as to endanger the life or safety of the
minors minor
 Exploitation is attracting children to enjoy working in the business, unaware
of the danger to their own lives
 Under 16 years of age
 No crime if exploitation is committed by a parent/ascendant, unless the
minor is under 12 years of age. Below this age, the crime is committed
 Penalty is higher when exploitation was made in consideration of any price,
compensation or promise
 Almost the same with child abuse, with the exception of the additional
crimes when the child suffered an accident while working
Additional The offender is not only liable for abandonment or exploitation, but for all its
penalties for other consequences. The other crimes which are the result of the abandonment or
offenses exploitation is imputable to the offender and such crimes are treated separately
from abandonment or exploitation
Qualified trespass 1. Trespass to dwelling is committed by a private person when he/she enters
to dwelling the dwelling of another against the his/her will.
a. If committed by a public officer, the crime is violation of domicile
b. Presumptions of prohibited entrance to dwelling
i. Made at late hour of the night
ii. Made thru means not intended for ingress
iii. Made during the existence of enmity or strained relations
between offender and occupant
iv. Made by entering through a closed door, even if it is not
locked
2. Qualified trespass to dwelling
a. Committed by means of violence or intimidation
b. Examples of violence
i. Pushing the door violently and maltreating the occupants
after entering
ii. Cutting of fastenings of a door
iii. Immediately wounding the owner of the house upon entering
c. Examples of intimidation
i. Discharging a firearm to force their way into the house
ii. Flourishing a bolo against the occupants upon gaining
entrance
3. Owner and/or lessor may commit trespass to dwelling
4. Other crimes related to trespass to dwelling
a. If the purpose of entering is not shown, it is trespass to dwelling
b. If the purpose is shown, it may be robbery with force upon things
c. If the purpose is not shown, the offender was found inside and the
occupants was injured, there will be separate crimes of qualified
trespass to dwelling and either frustrated homicide or physical
injuries as the case may be.
d. If the purpose is not shown and the offender was found inside, it is

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unjust vexation
e. When trespass was a necessary means to commit a more serious
crime, it does not result to a complex crime. Rather, the trespass
shall be absorbed in the more serious crime and treated as an
aggravating circumstance thereof
Other forms of  Offender entered an uninhabited closed premises or fenced estate by
trespass to dwelling entering therein despite the apparent prohibition of entering thereat without
securing the permission of the owner or caretaker
Grave threats 1. Threat to inflict any future wrong amounting to a crime against person,
honor or property, with or without a condition or a demand
2. The danger is not imminent nor the gain immediate
3. The threat is qualified when made in writing or through a middleman
Light threats 1. The threat does not amount to a crime
2. There is a demand for money or condition, whether or not it was attained
3. Blackmailing:
a. Light threat – if there is no threat to publish any libelous/slanderous
matter against the offended party
b. Threatening to publish a libel – if there is such threat
Bonds for good  Applies only to grave and light threats
behavior  Failure to post the bond will sentence the offender to destierro until the
promulgation of the criminal case
Other light threats 1. Threats made during a quarrel
2. Oral threats made in the heat of anger
3. Oral threat to do harm which does not constitute a felony
Grave coercion 1. Preventing another from doing something not prohibited by law
2. Compelling another to do something against his will, whether it be right or
wrong
3. Prevention and compulsion were made by means of VTI
4. The essence of coercion is the attack to one’s individual liberty
5. To enforce the principle that no one shall take the law into his/her own
hands, and the other principle that ours is a government of law and not of
men
6. When a person is prevented from doing a crime, there is no grace coercion.
However, when threats or injuries accompanied the prevention, then those
will give rise to the crime of threats or physical injuries
7. Qualifying circumstances:
a. Violation of the exercise of the right of suffrage
b. Compulsion to perform any religious act
c. Prevention from performing any religious act
Light coercion 1. Creditor violently seizes, or by display of material force producing
intimidation, anything belonging to his/her debtor so as to apply the
property to the payment of the debt
a. Violence against the person is absent, the violence merely pertain to
the seizure of the property
2. If the seizure was by means of deceit and misrepresentation, it is unjust
vexation
a. Unjust vexation covers any act without violence but unjustifiably
annoys or vexes an innocent person
3. Resulting crimes in the seizure of a debtor’s property:
a. Light threats when there is violence
b. Robbery if the value of the property seized > debt, coupled with
intent to gain, and violence and intimidation were employed
c. Estafa if there really was no obligation because it was only invented,

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 Crimes against liberty (240)
thus, employing deceit
Compulsory  Use of tokens, promissory notes, vouchers, coupons or any other form to
purchase of represent legal tender is absolutely prohibited even if expressly requested
merchandise and by the employee
payment of wages
by means of tokens
Formation,  Provided the violence or threats does not constitute a more serous offense
maintenance and  Compelled to exercise an industry or work
prohibition or  Compelled to organize, maintain or prevent coalitions of capital and labor
combination of  Compelled to strike
capital or labor  Compelled to lockout
through violence or
threats
Discovering secrets  It is necessary that the offender should actually discover the contents of the
through seizure of letter
correspondence  The contents need not be secret because prejudice to the offended party is
not an element
 The crime is qualified when the offender reveals the contents to a 3rd person
 If the public officer came to know of a secret by reason of his/her office, the
revelation is another crime – public officer revealing secrets of private
individual under Article 230, RPC
Revealing secrets  Revelation by a manager, employee or servant of secrets of their principal
with abuse of office which they learned by reason of their employment
 The gravamen of the offense is the confidential relationship arising from
employment on personal matters of the principal
Revelation of  The business secret must not be known to other business, entities or
industrial secrets persons.
 The secrets must be exclusive and relates to the manufacturing/industrial
process
 The revelation is prejudicial to the owner
 The crime may still be committed even after the employment has ceased
I. Crimes against public interest
Crimes against public interest (167)
Acts of A. Forging the seal of the government, signature or stamp of the Chief
counterfeiting Executive
B. Using forged signature, seal or stamp
1. The user should not be the forger or the cause of counterfeiting
2. In effect the offender is an accessory but his/her penalty is not 2 degrees
lower but only one degree lower
C. Making and importing and uttering false coins
1. Deceiving an ordinary person in believing it to be genuine
2. Any coin, current or withdrawn for circulation, is covered
3. The crime is estafa when a person bought a pack of cigarettes using a
copper cent which he/she made it appear to be silver by silver plating it.
Here, there is fraud and damage.
D. Mutilation of coins
1. Coin must be of legal tender
2. Gain of precious metal dust abstracted from the coin
3. The mutilated coin diminishes in intrinsic value
4. One who utters mutilated coins receives its legal value which is more
than its intrinsic value
E. Selling of false or mutilated coin without connivance
1. Possessor must not be the counterfeiter, mutilator or importer of the
coin
2. As long as the offender has no knowledge that the coin is false or

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 Crimes against public interest (167)
mutilated, there is no need for him/her to connive with the counterfeiter
or mutilator
3. The chinaman is not liable when he received false coins in payment of
his goods without knowing it to be false
F. Forging treasury or bank notes or other documents payable to bearer
1. Giving the appearance of true and genuine document
2. Falsification of checks of commercial banks is not forgery under Art.
166 but falsification of commercial document under Art. 172, in
connection with Art, 171
G. Counterfeiting, importing and uttering instruments not payable to bearer
1. Forgery of currency is punished so as to protect the integrity of the
currency and insure the credit standing of the government and
prevention the imposition of worthless notes or obligations
Acts of forgery A. Illegal possession and use of false treasury or bank notes and other
instruments of credit
1. Possession and intent to use false treasury or bank notes must concur
2. Possession and use of false document raises the presumption that he/she
is the author of the falsification
B. How forgery is committed
1. Giving the appearance of true and genuine document
2. The object subject of this crime bust be a treasury/bank note. Otherwise,
the crime is falsification
3. Not every alteration is a forgery. At most there would also be frustrated
forgery
Acts of falsification  A document refers to any writing by which a right is established or an
obligation is extinguished; or to every deed or instrument executed by a
person by which some disposition or agreement is proved, evidenced or set
forth
 A public document refers to any instrument notarized by a notary public or
competent public official with the solemnities required by law
 An official document refers to any instrument issued by the government or
its agents or officers having authority to do so and the offices, which in
accordance with their creation, they are authorized to issue
 A private document refers to every deed or instrument issued by a private
person without the intervention of the notary public or of any other person
legally authorized, by which document some disposition or agreement is
proved, evidenced or set forth
 A commercial document refers to any instrument executed in accordance
with the Code of Commerce or any mercantile law containing disposition of
commercial rights or obligations
 A document is falsified by fabricating an inexistent document, or by
changing the contents of an existing document one through any of the 8
ways enumerated under Art. 171
A. Falsification of legislative documents
 The falsification is limited to altering it which changes its meaning
B. Falsification by public officer, employee, or notary, or ecclesiastical
minister
 In feigning, there is no original signature, handwriting or rubric, but a
forgery of a signature of a signature, handwriting or rubric that does not
exist
 Legal obligation means that there is a law requiring the disclosure of
truth of the facts narrated. The person making the narration of facts must
be aware of the falsity of the facts narrated by him/her
 Absent any legal obligation to disclose facts, there is no falsification by
making false statements in a narration of facts
 The perversion of facts must be made with the wrongful intent of
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 Crimes against public interest (167)
injuring a 3rd person
 When the accused certified that she was eligible for the position, she
practically wrote a conclusion of law. Hence, she may not be declared
guilty of falsification because Art. 171 punishes untruthful statements in
narration of facts
 In perjury, what is violated is the solemnity of the oath
 What is punished in falsification of a public document is the violation of
the public faith and the destruction of the truth as therein solemnly
proclaimed
 In falsification of a public document, it is immaterial whether or not the
contents set forth therein were false. What is important is the fact that
the signature of another was counterfeited
 Falsification may be committed by omission
 Falsification of a public document can be complexed with other crimes,
if the falsification of the public document is a necessary means in the
commission of such other crimes, like estafa, theft or malversation, i.e.,
malversation through falsification of a public document; estafa through
falsification of a public document
C. Falsification by private individuals
 There must be intent to cause damage which means that the offender
performs some other independent act in order to make use of it – an act
which, while it does not result in prejudice to a 3rd party, has been
nevertheless with the intention of causing such prejudice
 There is no falsification of private document through negligence or
reckless imprudence
 There is no such crime as attempted/frustrated falsification.
However, there may be a frustrated crime of falsification if the
falsification is imperfect
 The user of the falsified document is deemed the author of the
falsification if the use was so closely connected in time with the
falsification; and the user had the capacity of falsifying the document
 There arises a separate crime when the user of the falsified document is
not the same person who falsified the same
 Good faith is a defense if a private individual falsified a public
document. Misstatements or erroneous assertion in a public document
will not give rise to falsification as long as he/she acted in good faith
and no one was prejudiced by the alteration or error
 There is no estafa through falsification of a private document
 Estafa – if the estafa can be committed without falsification, such as
when a private document is falsified to conceal the misappropriation
of money in possession of the offender
 Falsification – if the estafa cannot be committed without
falsification, such as when the private document is falsified to obtain
money which the later misappropriated
D. Falsification of wireless, cable, telegraph, and telephone messages
 A private individual cannot commit the crime of falsification of
telegraphic dispatches by direct participation, unless he is an employee
of a corporation engaged in the business of sending/receiving wireless
telegraph or telephone messages
 A private individual can be held criminally liable as a principal by
inducement, if he/she knowingly uses falsified telegraph, wireless or
telephone messages to the prejudice of a 3rd person, or with intent to
cause such prejudice, it is not necessary that he/she be connected with

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 Crimes against public interest (167)
such corporation
E. Falsification of medical certificates, certificates of merit or service
 If the public officer issued the false certificate in consideration of a
promise, gift or reward, he/she will also be liable for bribery
 A certificate of property is not covered because it is not similar to
‘merit’, ‘service’ or ‘good conduct’
 A certificate of residency for voting purposes is a certificate of ‘similar
circumstances’
F. Using false certificates
 Use of false medical certificates, false certificates of merits or service,
etc. in a judicial proceeding
 Use of falsified private and public documents in a judicial proceeding is
governed by Article 172 which punishes the use of falsified documents
by private individuals
G. Manufacturing and possession of instruments or implements for
falsification
 The implements need not form a complete set. It is sufficient when the
implements may be employed by themselves, or together with other
implements
Other falsities A. Usurpation of authority or official functions
1. Usurpation of authority
 Mere act of knowingly and falsely representing oneself to be an
officer is sufficient. It is not necessary that he performs an act
pertaining to a public officer
2. Usurpation of official functions
 It is essential that the offender should have performed an act
pertaining to a person in authority
3. This applies only to a usurper or one who introduces him/herself into an
office that is vacant; or who, without color of title, ousts the incumbent
and assumes to act as an officer by exercising some functions of the
office
4. This does not apply to an occupant under color of title
5. Under the doctrine of qualified political agency, Secretaries may act for
and on behalf of the President on matters where the President is required
to exercise authority in the respective departments of the Secretaries
B. Using fictitious and concealing true name
1. The purpose in using is to conceal a crime, evade execution of judgment
or cause damage to public interest
2. The purpose in concealing is to conceal one’s identity
3. A person who replaced a prisoner is guilty of delivering a prisoner from
jail
4. A prisoner who was replaced must necessarily use the name of the
other, thus, is guilty of using a fictitious name
C. Illegal use of uniforms and insignia
1. It is sufficient that the colorable resemblance is calculated to deceive the
common run of people. It is not necessary that those thoroughly familiar
with every detail or accessory thereof be deceived
2. The use is public and malicious
D. False testimony in general
1. False testimony cannot be committed thru negligence
2. It is punishable as it constitutes an imposition upon the court and
seriously exposes it to a miscarriage of justice
E. False testimony against a defendant
1. The defendant must be acquitted, or if sentenced, the penalty must be at
least correctional or a fine
2. What is being considered here is the tendency of testimony to establish
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 Crimes against public interest (167)
guilt or not, and does not pertain to the result that the testimony may
produce
3. The witness who gave false testimony is liable even if it was not
considered by the court
4. The sentence of the witness depends upon the sentence of the defendant
against whom the false testimony was given
F. False testimony favorable to the defendant
1. Intent to favor the defendant is sufficient
2. Ratification made spontaneously after realizing the mistake is not a false
testimony
3. A defendant is liable if he/she testifies in his/her favor by falsely
imputing the crime to another
4. A defendant is not liable if he/she merely denies the commission of a
crime of his/her participation therein
5. If the false testimony is in favor to the accused, the penalty against the
witness is the prescribed penalty for the crime charged against the
accused, whether or not the accused is acquitted or convicted
6. If the false testimony is against the accused, the penalty against the
witness is the imposable penalty in the final judgement. If the accused
was acquitted, there is also a corresponding penalty
G. False testimony in civil cases
1. The criminal action based on this provision is suspended when there is a
pending determination of the falsity/truthfulness of the subject
testimony in the civil case
2. The penalty against the witness is dependent upon the amount of the
controversy
3. When false testimony is given in special proceedings, the crime is
perjury
H. False testimony in other cases and perjury in solemn affirmation
1. Perjury is applicable only in prosecutions under special laws, special
proceedings or in criminal cases where the penalty is only arresto mayor
and below
2. The test, in the proceedings under this provision, is whether the false
testimony, if admitted, could properly influence the result of the trial
3. Assertion of falsehood must be deliberate and willful. Good faith or lack
of malice is a defense in perjury
4. Subornation of perjury is not expressly penalized in the RPC, but the
person who induces another to commit a perjury may be punished as a
principal by inducement for the crime of perjury, and the one induced as
a principal by direct participation
I. Offering false testimony in evidence
1. Act of inducing is not covered in this provision
2. There must be intent to present a false witness who, indeed, testified
falsely
3. The one offering the false witness /testimony is liable under this
provision, while the witness’s liability would depend upon the
proceedings and for whose favor it was made
J. Machinations in public auctions
1. It is not required that the person making the person making the proposal
actually refrains from taking part in any auction
2. Mere attempt to cause prospective bidders to stay away from the
auction, by means of threats, gifts, promises or any other artifice with
the intent that the thing auctioned, should command a lesser price, is
sufficient to constitute an offense. The threat need not be effective nor
the offer or gift accepted for the crime to arise
K. Monopolies and combinations in restraint of trade (repealed by the
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 Crimes against public interest (167)
Philippine Competition Act)
1. Any agreement that between or among competitors to prevent, restrict
or lessen competition
2. An entity that controls, is controlled by, o sir under common control
with another entity or entities, have common economic interests, and are
not otherwise able to decide or act independently of each other, shall not
be considered competitors
L. Importation and disposition of falsely marked articles or merchandise made
of gold, silver, or other precious metals or their alloys
1. Failure to indicate actual fineness or quality of metals and alloy
2. Failure to indicate actual fineness or quality of business is estafa
J. 9262
Anti-violence against women and their children (423)
With prescriptive 1. Causing physical harm
period of 20 years 2. Threatening to cause physical harm
3. Attempting to cause physical harm
4. Placing in fear of imminent harm
5. Controlling or restricting movement or conduct:
a. Compelling or attempting to compel to engage in conduct which the
W/C has a right to desist from or to desist in conduct which the W/C
has a right to engage in
b. Restricting or attempting to restrict freedom of movement or
conduct by force, threat of force, physical/other harm, threat of
physical/other harm or intimidation
c. Depriving or threatening to deprive custody to family
d. Depriving or threatening to deprive financial support due, or
deliberately providing insufficient support
e. Depriving or threatening to deprive a legal right
f. Preventing W in engaging in any legitimate profession, occupation,
business or activity; or controlling money or properties of W; or
solely controlling conjugal or common money or properties
6. Inflicting or threatening to inflict physical on oneself for the purpose of
controlling actions or decisions of W
With prescriptive 1. Causing or attempting to cause to engage in any sexual activity, which does
period of 10 years not constitute rape, by force, threat of force, physical harm or intimidation
against the W/C or his/her immediate family
2. Purposefully, knowingly or recklessly engaging in conduct, personally or
through another, that alarms or causes substantial emotional or
psychological distress
a. Stalking or following in public or private places
b. Peering in the window or lingering outside the residence
c. Entering or remaining in the dwelling or property
d. Destroying property and personal belongings, or inflicting harm to
animals or pets
e. Engaging in any form of harassment or violence
3. Causing mental/emotional anguish, public ridicule or humiliation
a. Repeated verbal and emotional abuse
b. Denial of financial support
c. Denial of custody of minor children (W)
d. Denial of access to child(ren) (W)
e. Others
 Deprivation of support must cause mental or emotional anguish
Harassment A single act or a series of acts that constitutes violence. Punishing only violence
that is repeatedly committed would license isolated ones
Prohibited defense 1. Being under the influence of alcohol, illicit drugs or any other mind-altering

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 Anti-violence against women and their children (423)
substance
2. End of dating relationship prior to the violence
Physical violence Bodily or physical harm
Economic abuse 1. Making or attempting to make a W financially dependent
a. Withdrawing financial support; Preventing from engaging in any
legitimate profession, occupation, business or activity, except on
valid and serious objections, and moral grounds
b. Depriving or threatening to deprive financial resources and right to
use and enjoy conjugal, community or common property
c. Destroying household property
d. Controlling money or property; Solely controlling conjugal money
or property
Psychological 1. Causing or likely to cause mental or emotional suffering
violence a. Intimidation
b. Harassment
c. Stalking
d. Damage to property
e. Public ridicule or humiliation
f. Repeated verbal abuse
g. Marital infidelity
2. Causing or allowing to witness:
a. Physical, sexual or psychological abuse of a member of the family
to which the victim belongs
b. Pornography in any form
c. Abusive injury to pets
3. Unlawfully depriving right to custody and/or visitation of common
chid(ren)
 Deprivation of support must cause mental or emotional anguish
Sexual violence 1. Rape, sexual harassment, acts of lasciviousness, treating as a sex object,
making demeaning and sexually suggestive remarks, physically attacking
sexual parts, forcing to watch obscene publication or indecent shows,
forcing to do indecent acts and/or making films thereof, forcing to W to live
in the conjugal home or to sleep together in the same room with the abuser
2. Causing or attempting to cause to engage in any sexual activity by force,
threat of force, physical/other harm, threat of physical/other harm or
coercion
3. Prostituting
Protection orders 1. A BPO is issued by the Punong Barangay or by a Barangay Kagawad,
provided it be accompanied by an attestation that the Punong Barangay was
unavailable at the time of issuance
a. Causing or attempting to cause physical harm
b. Effective for 15 days
2. A TPO is issued by the court on the date of filing of application
a. Ex parte
b. Effective for 30 days
c. Hearing before expiration of TPO to determine whether to issue a
PPO
d. Pendency of application or issuance of BPO does not preclude
application and/granting of TPO or PPO
3. PPO is issued after notice and hearing
a. No denial of the issuance of TPO or PPO on the ground of lapse of
time between the act of violence and the filing of the application
 If the applicant is not the victim, the application must be accompanied by
his/her affidavit attesting to the circumstances of the abuse and the
circumstances of consent given for the filing of the application
 When disclosure of address will pose danger to life of the victim, such fact
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 Anti-violence against women and their children (423)
shall be so stated in the application. In such case, the applicant shall attest
that the victim is residing in the municipality or city over which the court
ahs territorial jurisdiction, and provide a mailing address for the purpose of
service processing
 A TPO cannot be issued in favor of a man against his wife
Battered woman  Physical harm causing physical and psychological/emotional distress
syndrome  Scientifically defined pattern of psychological & behavioral symptoms as a
result of cumulative abuse
 At least two battering cycles
 Phases of cycle
1. Tension-building phase
2. Acute battering incident
a. The battered woman deems the incident as unpredictable, yet
also inevitable
3. Tranquil, loving or at least non-violent phase
a. The battered woman tries to convince herself that the battery
will never happen again
 Victim-survivors found by the courts to be suffering from the battered
woman syndrome do not incur any criminal and civil liability,
notwithstanding the absence of any of the elements for the justifying
circumstance of self-defense
 Violence is not a proper subject for compromise because the latter implies
that the victim is somehow at fault
 If the application for TPO and PPO was filed as an independent action, the
prohibition against compromise applies because the case cannot be taken
outside the provisions of R.A. 9262
K. 7610
Anti-child abuse law (428)
Children 1. Under 18
2. 18 and above but whose physical or mental disability/condition
incapacitates them to fully take care or protect of themselves from abuse,
neglect, cruelty, exploitation or discrimination
Child abuse 1. Any maltreatment, whether habitual or not
2. Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment
3. Debasing, degrading or demeaning the intrinsic worth and dignity of the
child as a human being
4. Unreasonably depriving the basic needs for survival
5. Failing to immediately give medical treatment to an injury resulting in
serious impairment of growth and development, or in permanent incapacity
or death
Punishable acts 1. Child prostitution and other sexual abuse, and attempt to commit child
prostitution
2. Child trafficking and attempt to commit child trafficking
3. Obscene publication and indecent shows
4. Other acts of neglect, abuse, cruelty or exploitation, and other conditions
prejudicial to the child’s development
5. Establishments/enterprises promoting, facilitating or conducting activities
constituting above
6. Employment of children
7. Discrimination of children of ICC’s
8. Confidentiality
Child prostitution  Money, profit or any other consideration, or coercion or influence
and other sexual  Force, threat or intimidation in rape is different from coercion or influence
abuse in sexual abuse. Consent is immaterial in the latter, unlike in the former.

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Thus, mere sexual intercourse with a child exploited in prostitution or
subjected to sexual abuse is already punishable under RA 761017
Non-applicability  A child exploited in prostitution or subjected to other sexual abuse cannot
of sweetheart validly give consent to sexual intercourse with another person – consent
theory which operates on the sweetheart theory
Persons liable for Any one
child prostitution  5(b): Those who commit the act of sexual intercourse or lascivious conduct
and other sexual with a child exploited in prostitution or subject to other sexual abuse;
abuse Provided, That when the victims is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and
Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape
or lascivious conduct, as the case may be: Provided, That the penalty for
lascivious conduct when the victim is under twelve (12) years of age shall
be reclusion temporal in its medium period
 Lascivious conduct means the intentional touching, either directly or
through clothing, of the genitalia, anus, groin, breast, inner thigh, or
buttocks, or the introduction of any object into the genitalia, anus or
mouth, of any person, whether of the same or opposite sex, with an intent to
abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of
any person, bestiality, masturbation, lascivious exhibition of the genitals
or pubic area of a person
 Child(ren) exploited in prostitution
 Male/female child made to indulge in lascivious conduct
 Female child made to indulge in sexual intercourse
 Sexual abuse includes the employment, use, persuasion, inducement,
enticement or coercion of a child to engage in, or assist another person to
engage in, sexual intercourse or lascivious conduct or the molestation,
prostitution, or incest with children
 Age of the victim is taken into consideration in designating/charging the
offense in case LC by introduction is committed under 5(b), and in
determination of the penalty
Age Under 12 12-18 Child 18 above Above 18
Crime LC by introduction LC by introduction LC by introduction LC by introduction
Designation SA under 266-A, LC under 5(b) LC under 5(b) SA under 266-A,
par 2, in relation to par 2
5(b)
Penalty RTmed RTmed to RP RTmed to RP PM
without reference to without reference to
RPC RPC
 Sexual assault as a form of acts of lasciviousness is no longer covered by
Article 336, but by Article 266-A(2) of the RPC, as amended by 8353
 LC by touching:
Age Under 12 12-18 Sister/ Single/ widow
descendant of good repute
Designation Acts of Qualified seduction Qualified seduction Simple seduction
Lasciviousness
Qualifications Force/ intimidation Committed by Whether or not a Over 12 but under
Deprived of reason/ persons in public virgin or be over 18 18 commited by
unconscious authority, priest, means of deceit
Below 12 home-servant,
domestic, guardian,
teacher or any
persons entrusted
with the education
or custody of the
minor
Penalty PC, but RTmed PCmin-med PCmax to PMmin AM
if victim is
below 12
Penalty if with AMayor AMayor AMayor
consent
17
People vs. Udang (January 10, 2018). In People vs. Abay (2009), the prevailing doctrine is that a charge of rape and sexual
abuse violates the constitutional right of the accused against double jeopardy. People vs. Tulagan (2019), force and
intimidation is subsumed under coercion and influence
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 Anti-child abuse law (428)
Pnelaty if below 12 PCmax to PMmin PMmed-max PC
Attempt to commit 1. Any person who, not being a relative of a child, is found alone with the said
child prostitution child inside the room or cubicle of a house, an inn, hotel, motel, pension
house, apartelle or other similar establishments, vessel, vehicle or any other
hidden or secluded area under circumstances which would lead a reasonable
person to believe that the child is about to be exploited in prostitution and
other sexual abuse
2. Any person is receiving services from a child in a sauna parlor or bath,
massage clinic, health club and other similar establishments
Persons liable for Any person who shall engage in trading and dealing with children including,
child trafficking but not limited to, the act of buying and selling of a child for money, or for any
other consideration, or barter
Attempt to commit 1. When a child travels alone to a foreign country without valid reason
child trafficking therefor and without clearance issued by the DSWD or written permit or
justification from the child's parents or legal guardian
2. When a person, agency, establishment or child-caring institution recruits
women or couples to bear children for the purpose of child trafficking
3. When a doctor, hospital or clinic official or employee, nurse, midwife, local
civil registrar or any other person simulates birth for the purpose of child
trafficking
4. When a person engages in the act of finding children among low-income
families, hospitals, clinics, nurseries, day-care centers, or other child-during
institutions who can be offered for the purpose of child trafficking
Persons liable for Any person who shall hire, employ, use, persuade, induce or coerce a child to
obscene perform in obscene exhibitions and indecent shows, whether live or in video, or
publications and model in obscene publications or pornographic materials or to sell or distribute
indecent shows the said materials
Persons liable for 1. Any person who shall commit any other acts of child abuse, cruelty or
other acts of exploitation or to be responsible for other conditions prejudicial to the
neglect, abuse, child's development
cruelty or 2. Any person who shall keep or have in his company a minor, twelve (12)
exploitation and years or under or who in ten (10) years or more his junior in any public or
other conditions private place, hotel, motel, beer joint, discotheque, cabaret, pension house,
prejudicial to the sauna or massage parlor, beach and/or other tourist resort or similar places
child’s a. Does not apply to any person who is related within the fourth degree
development of consanguinity or affinity or any bond recognized by law, local
custom and tradition or acts in the performance of a social, moral or
legal duty
3. Any person who shall induce, deliver or offer a minor to anyone prohibited
by this Act to keep or have in his company a minor as provided in the
preceding paragraph
a. Can be committed by an ascendant, stepparent or guardian of the
minor
4. Any person, owner, manager or one entrusted with the operation of any
public or private place of accommodation, whether for occupancy, food,
drink or otherwise, including residential places, who allows any person to
take along with him to such place or places any minor herein described
5. Any person who shall use, coerce, force or intimidate a street child or any
other child to:
a. Beg or use begging as a means of living
b. Act as conduit or middlemen in drug trafficking or pushing
c. Conduct any illegal activities
Sanction of 1. Shall be immediately closed and their authority or license to operate
establishments or cancelled, without prejudice to the owner or manager thereof being
enterprises prosecuted under this Act and/or the RPC, as amended, or special laws
2. A sign with the words "off limits" shall be conspicuously displayed outside
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 Anti-child abuse law (428)
the establishments or enterprises by the DSWD for such period which shall
not be less than one (1) year, as the DSWD may determine. The
unauthorized removal of such sign shall be punishable
Employment of  Work permit from DOLE
children below 15 1. When a child works directly under the sole responsibility of his parents or
legal guardian and where only members of the employer's family are
employed: Provided, however, That his employment neither endangers his
life, safety and health and morals, nor impairs his normal development:
Provided, further, That the parent or legal guardian shall provide the said
minor child with the prescribed primary and/or secondary education
2. When a child's employment or participation in public & entertainment or
information through cinema, theater, radio or television is essential:
Provided, The employment contract concluded by the child's parent or
guardian, with the express agreement of the child concerned, if possible,
and the approval of the Department of Labor and Employment: Provided,
That the following requirements in all instances are strictly complied with
by the employer:
a. ensuring the protection, health, safety and morals of the child
b. instituting measures to prevent the child's exploitation or
discrimination taking into account the system and level of
remuneration, and the duration and arrangement of working time
c. formulating and implementing, subject to the approval and
supervision of competent authorities, a continuing program for
training and skill acquisition of the child
Prohibition on the No person shall employ child models in all commercials or advertisements
employment of promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts
children in certain and violence
advertisements
Discrimination of Shall suffer a penalty of arresto mayor in its maximum period and a fine of not
children of ICCs less than Five thousand pesos (₱5,000.00) more than Ten thousand pesos
(₱10,000.00)
Comprehensive Coordinated program of services and facilities to protect children against:
program against  child prostitution and other sexual abuse
child abuse,  child trafficking
exploitation and  obscene publications and indecent shows
discrimination  other acts of abuses
 circumstances which threated or endanger the survival and normal
development of children
L. Safe Spaces Act
Safe Spaces Act (433)
Gender-based  Any unwarranted and uninvited sexual actions or remarks against any
streets and public person regardless of the motive
spaces sexual  Elements:
harassment 1. Unwanted and has threatened one’s sense of personal space and
physical safety
2. Committed in public spaces
 Obligations of establishments:
1. Provide assistance by immediately coordinating with the local police
authorities
2. Make CCTV footages available upon order of the court
3. Provide safe and safe and gender-sensitive environment
4. Install clearly-visible warning signs
5. Designate at least 1 Anti-sexual Harassment Officer to receive
complaints
6. Security guards may be deputized to apprehend perpetrators caught

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 Safe Spaces Act (433)
in flagrante delicto. They are required to immediately coordinate
with local authorities
 Breach of contract of carriage
1. Perpetrated by the driver and/or other employees will constitute
breach of contract of carriage
2. Owner/operators are presumed negligent in the selection and
supervision. Without rebutting the presumption, they are solidarily
liable
3. LTO may cancel the license
4. LTFRB may suspend/revoke franchise
5. If committed by a minor, the DSWD shall take necessary
disciplinary measures under the Juvenile Justice and Welfare Act
Gender-based  Using ICT in terrorizing and intimidating victims
online sexual  Punishable acts:
harassment 1. Physical, psychological and emotional threats
2. Unwanted sexual misogynistic, transphobic, homophobic and sexist
remarks and comments
3. Cyberstalking and incessant messaging
4. Uploading and sharing, without consent of the victim, any form of
media that contains photos, voice or video with sexual content
5. Unauthorized recording and sharing of any of the victim’s photos,
videos or any information online
6. Impersonating identities of victims online or posting lies about
victims to harm their reputation
7. Filing false abuse reports to online platforms to silence victims
 Courts may order peace officers to do said punishable acts and to use online
records or any copy thereof as evidence in any civil, criminal investigation
or trial of the crime
 Such written order shall only be issued or granted upon written application
and the examination under oath or affirmation of the applicant and the
witnesses may produce, and upon showing that there are reasonable grounds
to believe that gender-based online sexual harassment has been committed
or is about to be committed, and that the evidence to be obtained is essential
to the conviction of any person for, or to the solution or prevention of such
crime
 Any evidence in violation of the court order shall not be admissible in
evidence
Qualified gender-  Punishable acts:
based street, public 1. Takes place in a common carrier where the perpetrator is the driver
and online sexual of the vehicle and the offended party is the passenger
harassment 2. Offended party is a minor, senior citizen, PWD or a breastfeeding
mother nursing her child
3. Offended party is diagnosed with a mental problem tending to
impair consent
4. Perpetrator is a member of the uniformed service and the act was
perpetrated while the perpetrator was in uniform
5. Takes place in the premises of a government agency offering
frontline services and perpetrator is a government employee
 Acts that are legitimate expressions of ICCs, as well as breastfeeding in
public shall not be penalized
Gender-based  Punishable acts:
sexual harassment 1. Unwelcome sexual advances, requests or demand for sexual favors;
in workplace or any act of sexual nature, whether done verbally, physically or
through the use of technology or through any other forms of ICS,
that has or could have a detrimental effect on the conditions of an
individual’s employment or education, job performance or
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opportunities
2. A conduct of sexual nature and other conduct-based on sex affecting
the dignity of a person, which is unwelcome, unreasonable, and
offensive to the recipient, whether done verbally, physically or
through the use of technology such as text messaging or electronic
mail or through any other forms of ICS
3. A conduct that is unwelcome and pervasive and creates an
intimidating, hostile or humiliating environment for the recipient:
Provided, That the crime of gender-based sexual harassment may
also be committed between peers and those committed to a superior
officer by a subordinate, or to a teacher by a student, or to a trainer
by a trainee
 Duties of employers to prevent, deter, or punish the performance of acts of
gender-based sexual harassment in the workplace.
1. Dissemination/notice
2. Preventive measures
3. Establishment of an independent committee
 Duties of employees and co-workers
1. Refrain from committing acts of GBSH
2. Discourage the conduct of GBSH
3. Provide wmptional or social support to colleagues who are victims
of GBSH
4. Report acts of GBSH witnessed in the workplace
Gender-based  Duties of ETI’s
sexual harassment 1. Designation of an OIC
in educational and 2. Grievance procedure
training institution a. Even if an individual does not want to file a complaint nor
request the school to take action, the school shall take the
initiative to take any action on behalf of a student, faculty or
school authorities
b. Once a perpetrator is found guilty, the ETI may reserve the
right to strip the diploma from the perpetrator or issue an
expulsion order
3. Committee on decorum and investigation
 Duties of school heads
1. Dissemination/ notice
2. Preventive measures
M. Data Privacy Act
Data Privacy Act (437)
Punishable acts 1. Unauthorized processing of personal information
2. Accessing personal information due to negligence
3. Improper disposal of personal information
4. Processing of personal information for unauthorized purposes
5. Unauthorized access or intentional breach
6. Concealment of security breaches of sensitive personal information
7. Malicious disclosure – disclosure of unwarranted or false information
relative to any personal information or personal sensitive information
8. Unauthorized disclosure
9. Combination or serios of acts in negligent access and unauthorized
disclosure
Scope of  All types of personal information and to any natural and juridical person
application involved in personal information processing including those personal
information controllers and processors who, although not found or
established in the Philippines, use equipment that are located in the
Philippines, or those who maintain an office, branch or agency in the

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 Data Privacy Act (437)
Philippines
 The protection afforded publishers, editors or duly accredited reporters of
any newspaper, magazine or periodical of general circulation from being
compelled to reveal the source of any news report or information appearing
in said publication which was related in any confidence to such publisher,
editor, or reporter is not affected by the Data Privacy Act
Exceptions 1. Information about any individual who is or was an officer or employee of a
government institution that relates to the position or functions of the
individual, including:
a. The fact that the individual is or was an officer or employee of the
government institution
b. The title, business address and office telephone number of the
individual
c. The classification, salary range and responsibilities of the position
held by the individual
d. The name of the individual on a document prepared by the
individual in the course of employment with the government
2. Information about an individual who is or was performing service under
contract for a government institution that relates to the services performed,
including the terms of the contract, and the name of the individual given in
the course of the performance of those services;
3. Information relating to any discretionary benefit of a financial nature;
4. Personal information processed for journalistic, artistic, literary or research
purposes;
5. Information necessary in order to carry out the functions of public authority
which includes the processing of personal data for the performance by the
independent, central monetary authority and law enforcement and
regulatory agencies of their constitutionally and statutorily mandated
functions;
6. Information necessary for banks and other financial institutions under the
jurisdiction of the independent, central monetary authority or Bangko
Sentral ng Pilipinas to comply with Republic Act No. 9510, and Republic
Act No. 9160, as amended, otherwise known as the Anti-Money Laundering
Act and other applicable laws; and
7. Personal information originally collected from residents of foreign
jurisdictions in accordance with the laws of those foreign jurisdictions,
including any applicable data privacy laws, which is being processed in the
Philippines.
Extraterritorial 1. The act, practice or processing relates to personal information about a
application Philippine citizen or a resident.
2. The entity has a link with the Philippines, and the entity is processing
personal information in the Philippines or even if the processing is outside
the Philippines if it is about Philippine citizens or residents such as, but not
limited to, the following:
a. A contract is entered in the Philippines;
b. A juridical entity unincorporated in the Philippines but has central
management and control in the country; and
c. An entity that has a branch, agency, office or subsidiary in the
Philippines and the parent or affiliate of the Philippine entity has
access to personal information; and
3. The entity has other links in the Philippines such as, but not limited to:
a. The entity carries on business in the Philippines; and
b. The personal information was collected or held by an entity in the
Philippines.
Personal Any information whether recorded in a material form or not, from which the
information identity of an individual is apparent or can be reasonably and directly
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 Data Privacy Act (437)
ascertained by the entity holding the information, or when put together with
other information would directly and certainly identify an individual
Processing of Any operation or any set of operations performed upon personal information
personal including, but not limited to, the collection, recording, organization, storage,
information updating or modification, retrieval, consultation, use, consolidation, blocking,
erasure or destruction of data
 Processing
1. Collected for a declared specific and lawful purpose
2. Processed fairly and lawfully
3. Processed accurately or up to date
4. Processed adequately
5. Retained only for as long as necessary
6. Kept in a form which permits identification of data subjects
7. Adequate safeguards are guaranteed
8. Personal information for historical, statistical and scientific purposes
may be stored for longer periods
 Criteria for lawful processing
1. Not prohibited AND at least one of the succeeding enumeration
2. Consent of the data subject
3. Necessary for the fulfillment of a contract or prior to its execution
4. Necessary for the compliance of a legal obligation
5. Necessary to protect vital interests of the data subject
6. Necessary to respond to national emergency, to comply with public
order and safety, to fulfill functions of public authority
7. Necessary for the purposes of the legitimate interests pursued by the
controllers. The right of the data subject is primordial than the
controller
Security of personal  Protection of the personal information itself
information  Against natural dangers, such as accidental loss or destruction and human
dangers
 Appropriate level of security must consider the nature of the information,
the risks represented by the processing, size of organization and complexity
of its operations, current data privacy best practices and cost of security
implementation
 Ensure 3rd parties implement security measures
 Notify the commission when information may be used to enable identity
fraud are reasonably believed to have been acquired by an unauthorized
person, and the controller believes that the unauthorized acquisition is likely
to give rise to a real risk of serious harm to any affected data subject
Accountability for  Use contractual or other reasonable means to provide a comparable level of
transfer of personal protection while the information is being processed by a 3rd party
information  Designate an individual(s) who are accountable for the organization’s
statutory compliance. The identity of the individual shall be made known to
any data subject upon request
Sensitive personal  Race, ethnicity, marital status, age, color, and religious, philosophical or
information and political affiliations
privileged  Health, education, genetic/sexual life, criminal proceedings
information  SS Nos., previous/current health records, licenses or its
denials/suspension/revocation, tax returns, or other information issued by
the government
 Classified information by executive/legislative acts
Processing of  Generally prohibited
sensitive personal  Exceptions:
information and 1. Consent of all concerned
privileged 2. Required by law to be processed
information 3. Necessary to protect the life and health of data subject and he/she is
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 Data Privacy Act (437)
not capable expressing consent prior to processing
4. Necessary to achieve lawful and non-commercial objectives
5. Necessary for medical treatment necessary for protection of rights in
courts or government offices
Security of 1. On-site and online access
sensitive personal  No employee shall have access to sensitive personal information on
information in government property or through online facilities, except when
government he/she has received a security clearance
2. Off-site access
 No transport of access from a location off government property,
unless approved by the head of the agency
 Action on request for transport or access shall be decided within 2
business days
 Access to records is limited to not more than 1,000 at a time
 Use of the most secure encryption standard
Data subject The individual whose personal information is being processed
Rights of data 1. To be informed what information is/are to be, being or have been processed
subject 2. Be furnished with the:
a. Description of information
b. Purposes for its processing
c. Scope and method of the process
d. Receipts to whom information is disclosed
e. Identity and contact details of controller
f. Period the information will be stored
g. To access and correct the information
h. To lodge a complaint
i. To be notified when the information is to be amended
3. Reasonable access
4. Dispute the inaccuracy or error and to have such be corrected immediately
5. To suspend, withdraw, block, remove or destroy incomplete, outdated,
false, unlawfully obtained, unauthorized information
6. To be indemnified for damages
7. To transmit the rights to the heirs/assigns
8. Right to data portability
a. The data subject shall have the right to obtain from the personal
information controller a copy of data undergoing processing in an
electronic or structured format, which is commonly used and allows
for further use by the data subject. (PDF/portable document format)
b. Right to obtain a PDF copy is not applicable when the information
are used/gathered for (1) scientific and statistical research where no
actions/decisions are to be taken with regard to the information, and
(2) criminal , administrative or tax liabilities investigations

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