2022 Blue Notes Criminal Law

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BAR OPERATIONS 2022 CRIMINAL LAW
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ADMINISTRATIVE COMMITTEE
CREATIVES FINANCE
NICOLE ANN C. PAGLICAWAN SERMAE ANGELA G. PASCUAL
JULIANNE BEATRICE N. ROSARIO PHOEBE TANSIONGKUN
KIM PATRIZ B. CAMPANILLA RUTH MARIE DISTOR MORALES
CHRISTINE C. TIAMZON ALLYSSA DANIELLE Y. NG
ERIKA THERESE C. BOLLOZOS
TECHNICAL
JOSEPH BILL P. QUINTOS
MARKETING
CHYLER BON AEHROLD S. GARMA KATHLEEN C. ROMINA
SAMANTHA J. MAGAOAY AARON C. CHENG
ISABELLE BEATRIZ DLS. GINEZ
PRISHA D. CRUZ
SPECIAL PROJECTS NORLENE JAE M. ANDAYA
AINA RAE L. CORTEZ RIANNA CO
JAYE MARIE C. MARTINEZ
ANNA MARIE GRACE M. ANTONIO
NORBERTO O. SARIGUMBA III
PUBLIC RELATIONS
JOHN TAN LUMINA ALINEA O. AQUINO
JAZZMIN A. BENJAMIN LUIS ENRICO BATARA
IMI LIZA B. ESPINA MIKAELA FRANCESCA K. BELEY
MARY STEPHANIE C. CRUZ REYNALDO M. REVECHE
RAYMIELLE CHRISTIE MAGCALAS GRACIELLA RACHEL D. ROBLES
YUUMEI MARIE B. ESMA
AIHRA NICOLE V. DIESTRO
IRISH MAE D. GARCIA INTERNALS
JEWEL M. CULALA
DANELLA DIANE D. DIMAPILIS
LOGISTICS MARC ANGELO M. GUIBONE
CHRISTIAN GIO R. SENARLO SHEILA MARIE GRACE DELOS ANGELES
PATRICIA ALYX D. ANG ALEXIS CAESAR E. SANCHEZ
BERNETTE ANELA S. CUEVAS CHRISTINE C. TIAMZON
DONN LIN ANGELIQUE P. LEDA
CELINA EUNICE CHEYENNE D. ABUEG
CLARISSE EVANGELINE G. CHOA
ANTHONY JEFFERSON JULIO
ZACKARY N. DUQUILLA
MAEDEN M. BORCELANGO
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TABLE OF CONTENTS
I. PRINCIPLES OF CRIMINAL LAW .......................................................................................................... 10
A. GENERAL PRINCIPLES ............................................................................................................................... 11

1. MALA IN SE AND MALA PROHIBITA .............................................................................................. 11
2. APPLICABILITY AND EFFECTIVITY OF THE RPC ............................................................................... 12
A. GENERALITY .................................................................................................................................. 12
B. TERRITORIALITY ............................................................................................................................ 13
C. PROSPECTIVITY ............................................................................................................................. 15
3. INTERPRETATION OF PENAL LAWS ............................................................................................... 16
4. RETROACTIVE EFFECT OF PENAL LAWS ........................................................................................ 16
B. FELONIES .................................................................................................................................................... 17
1. CRIMINAL LIABILITIES AND FELONIES ........................................................................................... 17
A. CLASSIFICATION OF FELONIES (GRAVE, LESS GRAVE, AND LIGHT FELONIES) .......................... 18
B. ABERRATIO ICTUS, ERROR IN PERSONAE, AND PRAETER INTENTIONEM ................................ 20
C. IMPOSSIBLE CRIMES .................................................................................................................... 22
D. STAGES OF EXECUTION ................................................................................................................ 23
E. CONTINUING CRIMES .................................................................................................................. 26
F. COMPLEX CRIMES AND COMPOSITE CRIMES ............................................................................ 27
2. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY ....................................................................... 32
A. JUSTIFYING CIRCUMSTANCES ..................................................................................................... 32
B. EXEMPTING CIRCUMSTANCES .................................................................................................... 37
C. MITIGATING CIRCUMSTANCES.................................................................................................... 41
D. AGGRAVATING CIRCUMSTANCES ............................................................................................... 48
E. ALTERNATIVE CIRCUMSTANCES.................................................................................................. 64
F. ABSOLUTORY CAUSE .................................................................................................................... 65
3. PERSONS LIABLE AND DEGREE OF PARTICIPATION ....................................................................... 66
A. PRINCIPALS, ACCOMPLICES, AND ACCESSORIES........................................................................ 66
B. CONSPIRACY AND PROPOSAL ..................................................................................................... 72
C. MULTIPLE OFFENDERS ................................................................................................................. 75
I. RECIDIVISM ..................................................................................................................................... 75
II. HABITUALITY (REITERACION) ............................................................................................. 75
III. QUASI-RECIDIVISM ............................................................................................................ 76
IV. MULTI-RECIDIVISM OR HABITUAL DELINQUENCY ............................................................... 76
4. PENALTIES ................................................................................................................................... 79
A. IMPOSABLE PENALTIES ................................................................................................................ 79
B. CLASSIFICATION ........................................................................................................................... 79
C. DURATION AND EFFECT ............................................................................................................... 80
D. APPLICATION AND GRADUATION OF PENALTIES....................................................................... 82
INDETERMINATE SENTENCE LAW (ISL) ............................................................................................ 83
E. ACCESSORY PENALTIES ................................................................................................................ 83
F. SUBSIDIARY IMPRISONMENT ...................................................................................................... 84
5. EXECUTION AND SERVICE ............................................................................................................ 85
A. THREE-FOLD RULE ........................................................................................................................ 85
B. PROBATION LAW (P.D. NO. 968, AS AMENDED) ....................................................................... 85
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C. JUVENILE JUSTICE AND WELFARE ACT OF 2006 ....................................................................... 87

D. REPUBLIC ACT NO. 10592 (AMENDMENTS TO ARTS. 29, 94, 97, 98, AND 99 OF THE RPC) ... 91
E. COMMUNITY SERVICE ACT (R.A. NO. 11362; A.M. NO. 20-06-14-SC) ..................................... 92
6. EXTINCTION OF CRIMINAL LIABILITY ............................................................................................ 93
7. CIVIL LIABILITIES IN CRIMINAL CASES ........................................................................................ 96
II. CRIMES UNDER THE REVISED PENAL CODE ..................................................................................... 101
A. CRIMES AGAINST NATIONAL SECURITY AND THE LAWS OF NATION................................................ 101

B. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE............................................................. 109
C. CRIMES AGAINST PUBLIC ORDER .......................................................................................................... 116
D. CRIMES AGAINST PUBLIC INTEREST ...................................................................................................... 133
E. CRIMES AGAINST PUBLIC MORALS ....................................................................................................... 144
F. CRIMES COMMITTED BY PUBLIC OFFICERS .......................................................................................... 146
G. CRIMES AGAINST PERSONS ................................................................................................................... 161
H. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY ........................................................................ 174
I. CRIMES AGAINST PROPERTY ................................................................................................................. 185
J. CRIMES AGAINST CHASTITY ................................................................................................................... 207
K. CRIMES AGAINST CIVIL STATUS OF PERSONS ...................................................................................... 214
L. CRIMES AGAINST HONOR ...................................................................................................................... 218
M. QUASI-OFFENSES .................................................................................................................................... 224
III. SPECIAL PENAL LAWS ..................................................................................................................... 227
A. ANTI-CHILD PORNOGRAPHY ACT OF 2009 (R.A. NO. 9775) ............................................................... 228

B. ANTI-FENCING LAW OF 1979 (P.D. NO. 1612) ..................................................................................... 229
C. ANTI-GRAFT AND CORRUPT PRACTICES ACT (R.A. NO. 3019, AS AMENDED BY R.A. NO. 3047,
P.D. NO. 677, P.D. NO. 1288, B.P. BLG. 195 AND R.A. NO. 10910) ......................................................... 230
D. ANTI-HAZING ACT OF 2018 (R.A. NO. 8049, AS AMENDED BY R.A. NO. 11053) .............................. 237
E. ANTI-MONEY LAUNDERING ACT OF 2001 (R.A. NO. 9160, AS AMENDED BY R.A. NO. 9194,
R.A. NO. 10167, R.A. NO. 10365 AND R.A. NO. 10927) ............................................................................ 239
F. ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 (R.A. NO. 9995) .............................................. 242
G. ANTI-PLUNDER ACT (R.A. NO. 7080, AS AMENDED BY R.A. NO. 7659) ............................................. 243
H. ANTI-TORTURE ACT OF 2009 (R.A. NO. 9745) ...................................................................................... 245
I. ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (R.A. NO. 9208, AS AMENDED BY R.A. 10364) ....... 247
J. ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 (R.A. NO. 9262) .............. 253
K. ANTI-WIRETAPPING ACT (R.A. NO. 4200) ........................................................................................... 256
L. BOUNCING CHECKS LAW (B.P. BLG. 22) ............................................................................................... 258
M. COMPREHENSIVE DANGEROUS DRUGS ACT OF 2000 (R.A. NO. 9165, AS AMENDED BY R.A.
NO. 10640) .................................................................................................................................................... 260
N. CYBERCRIME PREVENTION ACT OF 2012 (R.A. NO. 10175) ................................................................ 270
O. NEW ANTI-CARNAPPING ACT OF 2016 (R.A. NO. 10883) ................................................................... 273
P. SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION, AND DISCRIMINATION
ACT (R.A. NO. 7610 AS AMENDED BY R.A. NO. 7658 AND R.A. NO. 9231) ........................................... 274
Q. SWINDLING BY SYNDICATE (P.D. NO. 1689) ........................................................................................ 280
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IV. PRACTICAL EXERCISES .................................................................................................................... 284
A. COMPLAINT ............................................................................................................................................. 284

B. INFORMATION IN CRIMINAL CASES...................................................................................................... 287
C. AFFIDAVIT OF DESISTANCE .................................................................................................................... 290
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I. PRINCIPLES OF CRIMINAL LAW d. Republic Act No. 10592

(Amendments to Articles 29, 94,
97, 98 and 99 of the RPC)
TOPIC OUTLINE UNDER THE SYLLABUS: e. Community Service Act (R.A. No.
11362; A.M. No. 20-06-14-SC)
A. GENERAL PRINCIPLES 6. Extinction of criminal liability (as
1. Mala in se and mala prohibita amended by R.A. No. 10592)
2. Applicability and effectivity of the RPC 7. Civil liability in criminal cases
a. Generality
b. Territoriality
c. Prospectivity
3. Interpretation of penal laws
4. Retroactive effect of penal laws
B. FELONIES
1. Criminal liabilities and felonies
a. Classification of felonies (grave,
less grave and light felonies)
b. Aberratio ictus, error in personae,
and praeter intentionem
c. Impossible crime
d. Stages of execution
e. Continuing crimes
f. Complex crimes and composite
crimes
2. Circumstances affecting criminal liability
a. Justifying circumstances
b. Exempting circumstances
c. Mitigating circumstances
d. Aggravating circumstances
e. Alternative circumstances
f. Absolutory causes
3. Persons liable and degree of
participation
a. Principals, accomplices, and
accessories
b. Conspiracy and proposal
c. Multiple offenders
i. Recidivism
ii. Habituality
iii. Quasi-recidivism
iv. Habitual delinquency
4. Penalties
a. Imposable penalties
b. Classification
c. Duration and effects
d. Application and graduation of
penalties
i. Indeterminate Sentence Law
(Act No. 4103)
e. Accessory penalties
f. Subsidiary Imprisonment
5. Execution and service of sentence
a. Three-fold rule
b. Probation Law (P.D. No. 968, as
amended)
c. Juvenile Justice and Welfare Act
(R.A. No. 9344, as amended)
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A. GENERAL PRINCIPLES GOOD FAITH

Good faith or lack of Good faith or lack of
1. MALA IN SE AND MALA PROHIBITA criminal intense is a criminal intense is not a
defense defense unless intent is
Mala In Se an element of the crime
Crimes mala in se are those so serious in their effects (e.g. Sec. 3[e] of R.A.
on society as to call for almost unanimous 3019)
condemnation of its members. MODIFYING CIRCUMSTANCES
Taken into account in Not considered
The term mala in se refers generally to felonies imposing the penalty because the law
denned and penalized by the RPC. When the acts on the offender intends to discourage
are inherently immoral, they are mala in se, even if precisely because his the commission of the
punished by special laws. (Reyes, Book I) moral trait is the basis acts specially
of the crime. Greater prohibited
Mala Prohibita perversity deserves a
Crimes mala prohibita are violations of mere rules of higher penalty
convenience designed to secure a more orderly whereas lesser
regulation of the affairs of society. depravity deserves
mitigation
The term mala prohibita refers generally to acts made DEGREE OF PARTICIPATION
criminal by special laws. (Reyes, Book I) Penalty is computed Penalty on the
on the basis of offenders is the same
Intent to commit vs. intent to perpetrate whether the as they are all deemed
In the case of mala in se, it is necessary, to malefactor is a principals
constitute a punishable offense, for the person doing principal offender, or
the act to have knowledge of the nature of his act and merely an accomplice
to have a criminal intent; in the case of mala or accessory
prohibita, unless such words as "knowingly" and STAGE OF ACCOMPLISHMENT
"willfully" are contained in the statute, neither Penalty imposed Violation of law is
knowledge nor criminal intent is necessary. depends on whether punished only when
the crime is accomplished or
Hence, intent to commit the crime and intent to consummated, consummated because
perpetrate the act must be distinguished. A person frustrated, or intent is inherent in
may not have consciously intended to commit a attempted attempted or frustrated
crime; but he did intend to commit an act, and that stage and intent is not
act is, by the very nature of things, the crime itself. relevant in crimes mala
When an act is prohibited by a special law, it is prohibita
considered injurious to public welfare, and the MORAL TURPITUDE
performance of the prohibited act is the crime itself. Crimes mala in se Not involved in crimes
(Sama y Hinupas vs. People, G.R. No. 224469, J. generally involve mala prohibita because
CAGUIOA) moral turpitude the act would not have
logically so for its basis been wrong if not for the
In cases involving the illegal possession of is the moral state of prohibition by law
dangerous drugs, "the prosecution is not excused the offender
from proving that possession of the prohibited act LAW VIOLATED
was done 'freely and consciously,' which is an Generally, the Generally, special
essential element of the crime." Hence, a critical Revised Penal Code penal laws
element of the crime of illegal possession of
dangerous drugs is the element of intent to possess (Boado, Compact Reviewer in Criminal Law)
or animus possidendi. (Luna vs. People, G.R. No.
231902, J. CAGUIOA)
Mala In Se vs. Mala Prohibita

MALA IN SE MALA PROHIBITA
BASIS
Moral state of the Voluntariness
offender
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2. APPLICABILITY AND EFFECTIVITY the same is obtained or prosecuted,

OF THE RPC whether as party or as attorney. (Sec.
4)
a. Generality
R.A. 75 shall be applicable only in
GENERAL RULE cases where the country of the
Penal laws and those of public security and safety diplomatic or consular representative
shall be obligatory upon all who live or sojourn in the adversely affected has provided for
Philippine territory, subject to the principles of public similar protection to duly accredited
international law and to treaty stipulations. (Art. 14, diplomatic or consular representatives
NCC) of the Republic of the Philippines by
prescribing like or similar penalties for
EXCEPTIONS like or similar offenses. (Sec. 7)
a. Treaty Stipulations
RP-US Visiting Forces Agreement (Art. V, 1987 Constitution

VFA) A Senator or Member of the House of
US military authorities shall have the right to Representatives shall, in all offenses
exercise within the PH all criminal and punishable by not more than 6 years
disciplinary jurisdiction conferred on them by imprisonment, be privileged from arrest
the military law of the US over US personnel while the Congress is in session. No
in the PH. Member shall be questioned nor be
held liable in any other place for any
US authorities exercise exclusive jurisdiction speech or debate in the Congress or in
over US personnel with respect to offenses, any committee thereof. (Art. VI, Section
including offenses relating to the security of 11)
the US (treason, sabotage, espionage or
violation of any law relating to national c. Principles of Public International Law
defense) punishable under the laws of the The following are not subject to the
US, but not under the laws of the PH. operation of our criminal laws:
i. Sovereigns and other chiefs of state
In cases where the right to exercise ii. Ambassadors, ministers
jurisdiction is concurrent, US military plenipotentiary, ministers resident,
authorities shall have the primary right to and charges d'affaires
exercise jurisdiction over US personnel
subject to the military law of the US in Only "diplomatic agents," under the
relation to: (1) offenses solely against the terms of the Convention, are vested with
property or security of the US or offenses blanket diplomatic immunity from civil and
solely against the property or person of US criminal suits. The Convention defines
personnel; and (2) offenses arising out of "diplomatic agents" as the heads of
any act or omission done in performance of missions or members of the diplomatic
official duty. staff, thus impliedly withholding the same
privileges from all others. Even consuls,
b. Laws on Preferential Application who represent their respective states in
concerns of commerce and navigation and
R.A. 75 perform certain administrative and notarial
Any writ or process issued out or duties, such as the issuance of passports
prosecuted by any person in any court of and visas, authentication of documents,
the Republic of the Philippines, or by any and administration of oaths, do not
judge or justice, whereby the person of ordinarily enjoy the traditional diplomatic
any ambassador or public minister of any immunities and privileges accorded
foreign State, authorized and received as diplomats, mainly for the reason that they
such by the President, or any domestic or are not charged with the duty of
domestic servant of any such representing their states in political
ambassador or minister is arrested or matters. (Minucher vss. CA and Scalzo,
imprisoned, or his goods or chattels are G.R. No. 142396)
distrained, seized or attached, shall be
deemed void, and every person by whom
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The main yardstick in ascertaining whether of the offender, may subject him to prosecution,
a person is a diplomat entitled to immunity is even though its criminal code normally does not
the determination of whether or not he contemplate the punishment of one who commits
performs duties of diplomatic nature. (Id) an offense outside of the national domain. (Reagan
vs. CIR, G.R. No. L-25379)
d. Case Law
However, jurisdiction of the Philippines over the
Presidential Immunity embassy is limited or restricted "the principles of
The President of the Philippines is entitled to inviolability of diplomatic premises" which is a
immunity from suit subject to the following generally accepted principle of International Law. A
conditions: (1) the immunity has been warrant of arrest cannot be served inside the US
asserted; (2) during the period of his embassy without waiver from US government of its
incumbency and tenure; and (3) the act right under the principle of inviolability.
constituting the crime is committed in the (Campanilla, Criminal Law Reviewer Volume I)
performance of his duties.
EXCEPTION: Extra-Territoriality Principle (Art.
Presidential immunity will assure the 2, RPC) (SCION)
exercise of presidential duties and functions a. Those who should commit an offense
free from any hindrance or distraction, while on a Philippine Ship or airship;
considering that the Chief Executive is a job
that demands undivided attention. (Estrada REQUISITES:
vs. Desierto, G.R. Nos. 146710-15, Mar. 2, i. The PH ship or airship must be duly
2001) registered under PH laws; and
ii. The ship or airship must not be within
b. Territoriality the territorial jurisdiction of another
country, otherwise the laws of that
GENERAL RULE country will apply as a rule;
The law is applicable to all crimes committed within
the limits of the Philippine territory, which includes its FOREIGN MERCHANT VESSEL
atmosphere, interior waters and maritime zone. (Art. The French/English Rules refer to the
2, RPC) jurisdiction over merchant vessels of one
country located in another country.
Philippine Territory
The national territory comprises the Philippine The Philippines observes the English
archipelago, with all the islands and waters Rule.
embraced therein, and all other territories over which
the Philippines has sovereignty or jurisdiction, French Rule vs. English Rule
consisting of its terrestrial, fluvial, and aerial FRENCH RULE ENGLISH RULE
domains, including its territorial sea, the seabed, the GENERAL RULE
subsoil, the insular shelves, and other submarine Crimes committed Crimes committed
areas. The waters around, between, and connecting aboard a foreign aboard a foreign vessel
the islands of the archipelago, regardless of their vessel within the within the territorial
breadth and dimensions, form part of the internal territorial waters of a waters of the
waters of the Philippines. (Art. I, 1987 Constitution) country are subject to Philippines are subject
the jurisdiction of the to the jurisdiction of the
Crimes Committed Within Embassies flag state. Philippines.
The ground occupied by an embassy is not in fact the EXCEPTION
territory of the foreign State to which the premises The host country will The country of registry
belong through possession or ownership. The have jurisdiction if the will have jurisdiction
lawfulness or unlawfulness of acts there committed crime affects the when the crime merely
is determined by the territorial sovereign. If an peace and security of affects things within the
attaché commits an offense within the precincts of an the territory, or vessel or refers to the
embassy, his immunity from prosecution is not endangers the safety internal management
because he has not violated the local law, but rather of the state (e.g. drug- thereof.
for the reason that the individual is exempt from trafficking)
prosecution. If a person not so exempt, or whose
immunity is waived, similarly commits a crime When a Philippine merchant ship is in high
therein, the territorial sovereign, if it secures custody seas, it in effect is an extension of
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Philippine territory because the crime shall d. Those who, while being public Officers
be subject to Philippine courts as the high or employees, should commit an
seas is no within the jurisdiction of any offense in the exercise of their
country. (Boado, Compact Reviewer in functions;
Criminal Law)
Offense committed by a public officer
FOREIGN WARSHIPS abroad must refer to the discharge of
The nationality of the warship determines one’s functions. (Reyes, Book I)
the applicable penal laws to crimes
committed therein. Function-related crimes are those
committed by public officer under the
A warship of another country even though Revised Penial Code and special criminal
docked in the Philippines is considered as laws such as the Anti-graft and Corrupt
an extension of the territory of their Practices Law and Plunder Law.
respective country. (UN Convention on the (Campanilla, Criminal Law Reviewer
Law of the Sea, Art. 27 [UNCLOS]) Volume I)
b. Those who should forge or Counterfeit Example of crimes included:

any coin or currency note of the i. Direct/indirect/qualified bribery (Art.
Philippine Islands or obligations and 210-211)
securities issued by the Government of ii. Corruption of public officials (Art. 212)
the Philippine Islands; iii. Frauds against the public treasury
(Art. 213)
Criminal laws shall be enforced outside the iv. Possession of prohibited interest (Art.
jurisdiction of Philippines against persons 216)
who should forge or counterfeit Philippine v. Malversation of public funds or
coin or currency note (money) or obligations property (Art. 217)
and securities (e.g., Treasury bill) or who
should introduce (import) forged currency e. Those who should commit any of the
note or securities and obligations into the crimes against National security and
Philippines. (Campanilla, Criminal Law the law of nations defined in Title One
Reviewer Volume I) of Book Two (Arts. 114-123, RPC)
If the forgery was perpetrated abroad, the Crimes against national security and the
object of the crime must be a coin, currency law of nations:
note, or obligations and securities issued by i. Treason (Art. 114)
the Government of the Philippines. (Boado, ii. Conspiracy and proposal to commit
Compact Reviewer) treason (Art. 115)
iii. Misprision of treason (Art. 116)
Forgery of US dollars committed outside the iv. Espionage (Art. 117)
territory of the Philippines cannot be v. Inciting to war or giving motives for
prosecuted in the Philippines because the reprisals (Art. 118)
principle of extraterritoriality is only vi. Violation of neutrality (Art. 119)
applicable to forgery of Philippine peso. vii. Correspondence with hostile country
(Campanilla, Criminal Law Reviewer (Art. 120)
Volume I) viii. Flight to enemy’s country (Art. 121)
ix. Piracy in general and mutiny in the
c. Those who should be liable for acts high seas (Art. 122)
connected with the Introduction into x. Qualified piracy (Art. 123)
these islands of the obligations and
securities mentioned in the preceding However, when the rebellion, coup d’état
number; and sedition are committed abroad, PH
courts will not have jurisdiction because
Those who introduced the counterfeit items these are crimes against public order.
are criminally liable even if they were not the
ones who counterfeited said items. (Reyes, There are only three crimes against the
Book I) laws of nation under the Revised Penal
Code, to wit: piracy, qualified piracy, and
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mutiny. Pirates are in law hostes humani of the offense shall be

generis. Piracy is a crime not against any applied
particular state but against all mankind. It If the new law totally The crime is obliterated
may be punished in the competent tribunal repeals the existing law and the accused
of any country where the offender may be so that the act which cannot be convicted
found or into which he may be carried. was penalized under under the new law
Jurisdiction over piracy unlike all other the old law is no
crimes has no territorial limits. As it is a crime longer punishable or
against all, so it may be punished by all. Nor fails to penalize the
does it matter that the crime was committed offense under the old
within the territorial waters of a foreign state. law
(People vs. Lol-Lo and Saraw, G.R. No. If repeal is by Even without saving
17958) reenactment clause, or a repeal by
implication, it would not
EXCEPTION TO THE EXCEPTION destroy criminal liability
Penal laws are not applicable within or without When the new law and The offender can be
Philippine territory if so provided in treaties and laws the old law penalize the tried under the old law
of preferential application. same offense (US vs. Cuna, 12 Phil.
241)
c. Prospectivity When the repeal is The offense ceases to
absolute be criminal. The
GENERAL RULE accused must be
A penal law cannot make an act punishable in a acquitted. (People vs.
manner in which it was not punishable when Tamayo, 61 Phil. 225)
committed. The rule of non-retroactivity applies.
A person erroneously accused and convicted
No felony shall be punishable by any penalty not under a repealed statute may be punished under
prescribed by law prior to its commission. (Art. 21, the repealing statute, provided the accused had an
RPC) opportunity to defend himself against the charge.
(People vs. Baesa, C.A., 56 O.G. 5466)
EXCEPTION
Whenever a new statute dealing with crime EFFECT OF REPEAL OF PENAL LAW ON THE
establishes conditions more lenient or favorable to ACCUSED
the accused, it can be given a retroactive effect.
Absolute or total repeal or express repeal:
EXCEPTIONS TO THE EXCEPTION 1. Pending case – Dismissed whether the
a. Where the new law is expressly made accused is a habitual delinquent or not
inapplicable to pending actions or existing 2. Offender has been convicted and
causes of action (Tavera vs. Valdez, 1 Phil. or/serving sentence – Released if he is not
463, 470-471) a habitual delinquent or the law provides that
b. When the accused is a habitual delinquent (Art. detention is to continue
22, RPC)
Partial or relative repeal, or implied repeal or
Effects of Repeal or Amendment of Penal Laws repeal by re-enactment
REPEAL OR EFFECT 1. First law will govern – If the accused is a
AMENDMENT habitual delinquent or when the favorable
If the repeal makes the The new law shall be second law prohibits retroactivity
penalty lighter in the applied, except when 2. Second law will govern – If favorable to the
new law the offender is a offender who is not a habitual delinquent or
habitual delinquent or the law is silent as to its retroactivity (Boado,
when the new law is Compact Reviewer in Criminal Law)
made not applicable to
pending action or Absolute Repeal vs. Partial Repeal
existing causes of ABSOLUTE REPEAL PARTIAL REPEAL
action. JURISDICTION
If the new law imposes The law in force at the Repeal of a penal law Repeal with
a heavier penalty time of the commission deprives the courts of reenactment of a
jurisdiction to punish penal provision of the
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persons charged with old law does not 3. INTERPRETATION OF PENAL

a violation of the old deprive the courts of LAWS
penal law prior to its jurisdiction to punish
repeal. Repeal without persons charged with RULES ON CONSTRUCTION OF PENAL LAWS
reenactment is an a violation of the old Penal laws are strictly construed against the
absolute repeal. penal law prior to its Government and liberally in favor of the accused.
(People vs. Sindiong, repeal. (People vs. Yu Hai, 99 Phil. 728)
G.R. No. 43633)
Such repeal even The rule that penal statutes should be strictly
without a saving construed against the State may be invoked only
clause will not where the law is ambiguous and there is doubt as
destroy criminal to its interpretation. Where the law is clear and
liability of the unambiguous, there is no room for the application
accused. (U.S. vs. of the rule. (People vs. Gatchalian, 104 Phil. 664)
Cuna, G.R. No. L-
4504) No person should be brought within the terms of
REENACTMENT criminal statutes who is not clearly within them, nor
The effect of a new law If the new law, which should any act be pronounced criminal which is not
repealing an old law repealed an old law clearly made so by the statute. (U.S. vs. Abad
without reenactment of with reenactment of Santos, 36 Phil. 243, 246)
its penal provision is its penal provision, is
decriminalization. favorable to the It is a fundamental principle in applying and
accused who is not a interpreting criminal laws to resolve all doubts in
habitual delinquent, it favor of the accused or the so-called in
shall be given dubio pro reo. When in doubt, rule for the accused
retroactive effect. because of the constitutional presumption of his
Otherwise, its innocence until the contrary is proven beyond
application is reasonable doubt. Accordingly, when a criminal act
prospective. is penalized by distinct criminal statutes, that
EFFECTS OF THE REPEAL OF A CRIME penalty which is favorable to the accused shall be
PUNISHABLE UNDER THE OLD LAW, applied.||| (People vs. Altubar, G.R. No. 207089)
COMMITTED PRIOR TO THE EFFECTIVITY
OF THE REPEALING LAW 4. RETROACTIVE EFFECT OF PENAL
(1) It will extinguish the (1) It will not LAWS
criminal liability of the extinguish the
offender; criminal liability of the
Art. 22. Retroactive effect of penal laws. —
(2) If there is already a offender;
Penal laws shall have a retroactive effect in so
pending case, it will (2) If there is already
far as they favor the person guilty of a felony,
cause the dismissal of a pending case, the
who is not a habitual criminal, as this term is
such case for lack of court's jurisdiction to defined in Rule 5 of Article 62 of this Code,
jurisdiction to try and try and punish the
although at the time of the publication of such
punish the accused; accused will be
laws a final sentence has been and the convict
and retained;
is serving the same.
(3) If the offender is (3) If the offender is
already serving already serving
GENERAL RULE
sentence, it will cause sentence, the
Penal laws shall have prospective application, lest
his release, or the accused will continue
they acquire the character of an ex post facto law.
remission of the to serve his
(People vs. Valeroso, G.R. No. 164815)
imposed penalty. sentence; and
(4) The new law shall
An ex post facto law is one which:
be given retroactive
1. Makes criminal an act done before the
effect if it is favorable;
passage of the law and which was innocent
otherwise, its
when done, and punishes such an act;
application is
2. Aggravates a crime, or makes it greater than it
prospective.
was, when committed;
(Campanilla, Criminal Law Reviewer Volume I)
3. Changes the punishment and inflicts a greater
punishment than the law annexed to the crime
when committed;
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4. Alters the legal rules of evidence, and authorizes revives the prior penal law, unless the language of
conviction upon less or different testimony than the repealing statute provides otherwise. (Reyes,
the law required at the time of the commission of Book I)
the offense;
5. Assuming to regulate civil rights and remedies No retroactive effect of penal laws as regards
only, in effect imposes penalty or deprivation of jurisdiction of court
a right for something which when done was The jurisdiction of a court to try a criminal action is
lawful; and to be determined by the law in force at the time of
6. Deprives a person accused of a crime of some instituting the action, not at the time of the
lawful protection to which he has become commission of the crime. (People vs. Romualdo,
entitled, such as the protection of a former G.R. No. L-3686)
conviction or acquittal, or a proclamation of
amnesty. (Mejia vs. Pamaran, G.R. Nos. L- The jurisdiction of the courts in criminal cases is
56741-42) determined by the allegations of the complaint or
information, and not by the findings the court may
EXCEPTIONS: When penal laws may be given make after trial. (People vs. Mission, G.R. No. L-
retroactive effect 3488)
1. If the law is favorable to the accused, who is not
a habitual delinquent; Imposable penalty for the commission of a
2. If the law decriminalizes an act; or felony
3. If the law expressly provides retroactivity. Only that penalty prescribed by law prior to the
(Campanilla, Criminal Law Reviewer Volume I) commission of the felony may be imposed. (Art. 21)
A person shall be deemed to be a habitual delinquent Felonies are punishable under the laws in force at
if within a period of 10 years from the date of his the time of their commission. (Art. 366)
release or last conviction of the crimes of serious or
less serious physical injuries, robbery, theft, estafa, The penalty prescribed by a law enacted after the
or falsification, he is found guilty of any said crimes a commission of the felony may be imposed, if it is
third time or oftener. (Art. 62, par. 5, RPC) favorable to the offender. (Art. 22)
In order that a subsequent statute may have a

retroactive effect, it must in the first place refer to the —end of topic—
same deed or omission penalized by the former
statute and must seek the same end and purpose.
(U.S. vs. Macasaet, 11 Phil. 447, 449) B. FELONIES
EXCEPTION TO EXCEPTION 1. CRIMINAL LIABILITIES AND
The rule that criminal laws have retroactive effect
FELONIES
when favorable to the accused has no application
where the new law is expressly made inapplicable to
pending actions or existing causes of action. CRIMINAL LIABILITY
(Tavera vs. Valdez, 1 Phil. 468, 470-471)
Elements of criminal liability:
Criminal liability under the repealed law subsists: a. An intentional felony has been committed;
1. When the provisions of the former law are b. The wrong done to the aggrieved party be the
reenacted; or direct, natural and logical consequence of the
2. When the repeal is by implication; or felony committed by the offender;
3. When there is a saving clause. (U.S. vs. Cuna,
supra; Wing vs. U.S., supra) How criminal liability is incurred:
a. By committing an intentional felony even if the
The right to punish offenses committed under an old wrong produced as a consequence thereof is
penal law is not extinguished if the offenses are still not intended by the offender (Art. 4, par. 1,
punished in the repealing penal law. (People vs. RPC)
Rosenthal, 68 Phil. 328) b. By committing an impossible crime (Art. 4,
par. 2, RPC)
The repeal of penal law which impliedly repealed
an old penal law revives the old law
When a penal law, which impliedly repealed an old
law, is itself repealed, the repeal of the repealing law
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FELONIES
Less grave felonies are those which the law
FELONIES are acts and omissions punishable by the punishes with penalties which in their
Revised Penal Code. maximum period are correctional, in
accordance with the above-mentioned article.
Elements of felonies:
1. There must be an act or omission Light felonies are those infractions of law for
the commission of which the penalty of arresto
ACT means any bodily movement tending to menor or a fine not exceeding Forty thousand
produce some effect in the external world; the pesos (P40,000), or both, is provided.
possibility of its production is sufficient. It must
be at least an overt act of that felony, that is, an GRAVE FELONIES
external act which has direct connection with the Punishable by reclusion perpetua, reclusion
felony intended to be committed. temporal, perpetual or temporary absolute
disqualification, perpetual or temporary special
OMISSION means inaction, the failure to disqualification and prision mayor.
perform a positive duty which one is bound to do.
There must be a law requiring the doing or LESS GRAVE FELONIES
performance of an act. Punishable by prision correccional, arresto mayor,
suspension and destierro.
2. The act or omission must be punishable by
the RPC; and LIGHT FELONIES
Those infractions of law for the commission of
3. The act is performed or the omission which the penalty of arresto menor or a fine not
incurred by means of dolo or culpa. exceeding 40,000 pesos or both, is provided.
Dolo (deceit) vs. Culpa (fault) When light felonies are punishable
a. General Rule: Light felonies are punishable
DOLO CULPA
only when they have been consummated.
Involves malice or Results from negligence,
b. Exception: Light felonies committed against
deliberate intent imprudence, lack of
persons or property are punishable even if
foresight or lack of skill
attempted or frustrated.
Intentional Intent is replaced by fault
No felony is committed: OFFENSES NOT INCLUDED IN THE

1. When the act or omission is not punishable by CODE’S CLASSIFICATION OF FELONIES
the RPC; or
2. When the act is covered by any of the justifying Art. 10. Offenses not subject to the provisions
circumstances enumerated in Art. 11, RPC. of this Code. — Offenses which are or in the
future may be punishable under special laws
a. Classification of Felonies are not subject to the provisions of this Code.
(Grave, Less Grave, and Light This Code shall be supplementary to such laws,
Felonies) unless the latter should specially provide the
contrary.
CLASSIFICATION OF FELONIES
ACCORDING TO GRAVITY General Rule: The provisions of the RPC are
supplementary to special laws.
Art. 7. When light felonies are punishable. —
Light felonies are punishable when they have Exceptions:
been consummated, with the exception of those a. Where the special penal law provides
committed against persons or property. otherwise; or
b. When the provisions of the RPC are
Art. 9. Grave felonies, less grave felonies, and impossible to apply, either by express
light felonies. — Grave felonies are those to provision or by necessary implication.
which the law attaches the capital punishment or
penalties which in any of their periods are When Article 10 of the RPC applies
afflictive, in accordance with Article 25 of the Art. 10 of the RPC makes the Code suppletory to
Code. special [penal] laws, i.e. penal laws that punish acts
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not defined by the RPC. The suppletory applications Intent vs. Motive
of the RPC to special [penal] laws, by virtue of Art. INTENT MOTIVE
10, finds relevance only when the provisions of the The purpose to use a The reason which
special [penal] law are silent on a particular matter.
particular means to impels one to commit
effect such a result; an act for a definite
When the special law adopts the nomenclature of the result;
penalties imposed in the RPC, the provisions of the
RPC on imposition of penalties based on stages of An element of a crime. Not an element of a
execution, degree of participation and attendance of crime.
mitigating and aggravating circumstances may be
applied by necessary implication. Motive, when relevant
1. The identity of a person accused of having
The provisions of the Code on the graduation of committed a crime is in dispute;
penalties by degrees could not be given 2. In ascertaining the truth between antagonistic
supplementary application to special laws, when the theories or versions of the killing;
penalties in the latter are not components of or 3. The identification of the accused proceeds
contemplated in the scale of penalties provided by from unreliable source and testimony is
Art. 71 of the former. The suppletory effect of the inconclusive and not free from doubt
RPC to special laws, as provided in Art. 10, cannot 4. There are no eyewitnesses to the crime, and
be invoked where there is a legal or physical where suspicion is likely to fall upon a number
impossibility of, or a prohibition in the special law of persons; and
against such supplementary application. The 5. The evidence is merely circumstantial. (Reyes,
situation is different where although the offense is Book I)
defined in and ostensibly punished under a special
law, the penalty therefor is actually taken from the MISTAKE OF FACT
Code in its technical nomenclature. (People vs. Mistake of fact is a misapprehension of fact on the
Simon, G.R. No. 93028) part of the person who caused injury to another. He
is not criminally liable, because he did not act with
CLASSES OF CRIMES criminal intent. (Reyes, Book I)
INTENTIONAL FELONIES Requisites of Mistake of Fact:

a. The act done would have been lawful had the
In intentional felonies, the act or omission of the facts been as the accused believed them to be;
offender is malicious. The act is performed with b. The intention of the accused in performing the
deliberate intent. The offender, in performing the act act should be lawful; and
or in incurring the omission, has the intention to c. The mistake must be without fault or
cause an injury to another. carelessness on the part of the accused. (Id)
Requisites (F-I-I) Mistake of fact is an absolutory cause for had the

a. Freedom: A person who acts under the facts been true to the belief of the offender, that act
compulsion of an irresistible force, and an he did can be justified and will negative criminal
uncontrollable fear of an equal or greater injury liability as the element of criminal intent is absent.
is exempt from criminal liability; Thus, mistake of fact is relevant only in dolo.
b. Intelligence: It is the moral capacity to Hence, if the offender is negligent in ascertaining
determine what is right from what is wrong and the true state of facts, he may be free from dolo but
to realize the consequences of one’s acts. not from culpa. (Boado, Compact Reviewer in
Factors that negate intelligence are minority, Criminal Law)
insanity, and imbecility.
c. Intent: Intent is a mental state, the existence of CULPABLE FELONIES
which is shown by the overt acts of a person. If
there is no intent, there is no felony committed In culpable felonies, the act or omission of the
by dolo, but a felony may still exist if culpa is offender is not malicious. The injury caused by the
present. offender to another person is unintentional, it being
simply the incident of another act performed
without malice.
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REQUISITES: (F-I-I) In such case, the wrongful act done could not be
a. Freedom; different, as the offender did not intend to do any
b. Intelligence; and other injury. (Id)
c. Imprudence, negligence, or lack of foresight or
lack of skill. "Although the wrongful act done be different
from that which he intended"
Imprudence indicates a deficiency of action. It The causes which may produce a result different
usually involves lack of skill. (e.g. a person fails to from that which the offender intended are:
take the necessary precaution to avoid injury to 1. Mistake in the blow, that is, when the offender
person or damage to property) intending to do an injury to one person actually
inflicts it on another; and
Negligence indicates a deficiency of perception. It 2. Mistake in the identity of the victim;
usually involves lack of foresight. (e.g. a person 3. The act exceeds the intent, that is, the injurious
fails to pay proper attention and to use diligence in result is greater than that intended. (Id)
foreseeing the injury or damage impending to be
caused) Felony committed must be the PROXIMATE
CAUSE of the resulting injury
THOSE PUNISHED BY SPECIAL LAWS Proximate cause is that cause, which, in natural
and continuous sequence, unbroken by any
The third class of crimes are those defined and efficient intervening cause, produces the injury,
penalized by special laws, which include crimes and without which the result would not have
punished by municipal or city ordinances. occurred. (Bataclan vs. Medina, G.R. No. L-10126,
1957)
When the crime is punished by a special law, intent
to commit the crime is not necessary. It is sufficient A person committing a felony is criminally liable for
that the offender has the intent to perpetrate the act all the natural and logical consequences resulting
prohibited by the special law. (Dela Cruz vs. People, therefrom although the wrongful act done be
G.R. No. 209387) different from that which he intended. "Natural"
refers to an occurrence in the ordinary course of
human life or events, while "logical" means that
b. Aberratio Ictus, Error in there is a rational connection between the act of the
Personae, and Praeter accused and the resulting injury or damage.
Intentionem
The felony committed is NOT the proximate
Art. 4. Criminal liability. — Criminal liability shall cause of the resulting injury when:
1. There is an active force that intervened
be incurred:
1. By any person committing a felony (delito) between the felony committed and the
although the wrongful act done be different resulting injury; or
from that which he intended; 2. The resulting injury is due to the intentional act
of the victim.
"Committing a felony"
A felony is an act or omission punishable by the RPC. If a person inflicts a wound with a deadly weapon
If the act is not punishable by the Code, it is not a in such a manner as to put life in jeopardy and
felony. (Reyes, Book I) death follows as a consequence of their felonious
act, it does not alter its nature or diminish its
But the felony committed by the offender should be criminality to prove that other causes cooperated in
one committed by means of dolo, that is, with malice, producing the factual result. The offender is
because par. 1 of Art. 4 speaks of wrongful act done criminally liable for the death of the victim if his
"different from that which he intended." If the wrongful delictual act caused, accelerated, or contributed to
act results from the imprudence, negligence, lack of the death of the victim. A different doctrine would
foresight or lack of skill of the offender, his liability tend to give immunity to crime and take away from
should be determined under Art. 365, which defines human life a salutary and essential safeguard.
and penalizes criminal negligence. (Id) (Quinto vs. Andres, G.R. No. 155791)
The act or omission should not be punished by a

special law, because the offender violating a special
law may not have the intent to do an injury to another.
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ABERRATIO ICTUS Error in personae carries the same gravity as when

(MISTAKE IN THE BLOW) the accused zeroes in on his intended victim.
(People vs. Pinto, G.R. No. 39519)
ABERRATIO ICTUS
In aberratio ictus or error in the victim of the blow, Example: A, thinking that the person walking in a
the offender intends the injury on one person but the dark alley was B, a stranger, fired at that person,
harm fell on another. who was killed as a result. It turned out that person
was C, the father of A. In this case, the crime
There are three persons involved: the offender, the actually committed is parricide, punishable by
intended victim, and the actual victim. reclusion perpetua to death. The crime which A
intended to commit is homicide, punishable by
Consequently, the act may result in a complex crime reclusion temporal. In view of rule No. 1 provided
(Art. 48, RPC) or in two felonies, although there is just for in Art. 49, the penalty for homicide shall be
a single intent. Thus, aberratio ictus may result to a imposed in its maximum period.
greater criminal liability to the offender. (Boado,
Compact Reviewer in Criminal Law) But suppose that A wanted to kill his father and
waited for the latter in a dark alley where he used
A person is criminally responsible for the acts to pass in going home; when A saw a person
committed in violation of law and for all the natural coming and thinking that he was his father, A shot
and logical consequences therefrom although the him; and it turned out that that person was a
actual victim is different from the intended victim. stranger. In this case, A should be punished with
(People vs. Cornel, 78 Phil. 458, 261) the penalty for homicide to be applied in its
maximum period.
Even though there is intent to kill the target victim, the
court should still make an assessment if there is In either case, the lesser penalty is always to be
intent to kill the third person, who was hit by reason imposed, only that it shall be imposed in the
of aberratio ictus. If the third person died, intent to kill maximum period. (Reyes, Book I)
is conclusively presumed. Hence, the crime
committed against the third person, is homicide or Mistake of Fact vs. Error in Personae
murder. (People vs. Adriano, G.R. No. 205228) ERROR IN
MISTAKE OF FACT
PERSONAE
Example: A fired his gun at his father, with intent to The mistake pertains to The mistake merely
kill him, but he missed and hit C, killing the latter. In the elements of pertains to the identity
this case, two crimes were actually committed: (1) justifying of the victim
homicide, of which C was the victim; and (2) circumstances,
attempted parricide, of which A's father was the exempting
offended party. One who fires a gun at his father with circumstances, or
intent to kill is guilty of attempted parricide, even if the absolutory causes
latter is not injured at all. The two crimes actually such as the existence
committed were the result of a single act; hence, A of unlawful aggression
committed a complex crime of consummated The accused The accused acted
homicide with attempted parricide. There being a committed the act with dolo
complex crime, Art. 48, not Art. 49, is applicable. without dolo
(Reyes, Book I) He is not criminally He shall incur criminal
liable and because of liability for killing or
ERROR IN PERSONAE such mistake, the injuring a victim
(MISTAKE IN IDENTITY) justifying circumstance, although this victim is
exempting different from the
ERROR IN PERSONAE circumstance, or intended victim
Error in personae or mistake in identity involves only absolutory cause shall
one offended party but the offender committed a be considered in his
mistake in ascertaining the identity of the victim. favor
(Boado, Compact Reviewer in Criminal Law)
A person is criminally responsible for committing an

intentional felony although the actual victim is
different from the intended victim due to mistake of
identity. (2019 Bar Exams)
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PRAETER INTENTIONEM
(INJURIOUS RESULT IS GREATER THAN c. Impossible Crimes
THAT INTENDED)
Art. 4. Criminal liability. — Criminal liability
PRAETER INTENTIONEM shall be incurred:
In praeter intentionem, the injury is on the intended
victim but the resulting consequence is much more 2. By any person performing an act which
grave than intended. (Boado, Compact Reviewer in would be an offense against persons or
Criminal Law) property, were it not for the inherent
impossibility of its accomplishment or an
account of the employment of inadequate
It is a mitigating circumstance (Art. 13, par. 3). But if
or ineffectual means.
the means employed in the commission of the crime
would logically and naturally bring about the actual An impossible crime is punished to suppress the
felony committed, praeter intentionem will not be lawlessness or to teach a lesson to the offender.
appreciated. (Id)
Subjectively, the offender is a criminal although
objectively, no crime has been committed. (Boado,
It does not apply to culpa. “Intentionem” denotes Compact Reviewer in Criminal Law)
intent. (Id)
REQUISITES: (PPEIV)
The mitigating circumstances of lack of intent to 1. The act performed would be an offense
commit so grave a wrong as that committed should
against Persons or Property;
be appreciated where the accused had no intent to If the act performed would be an offense other
kill but only to inflict injuries when he attacked the
than a felony against persons or against
victim. (Id) property, there is no impossible crime;
Example: A, without intent to kill, boxed B from Felonies against Persons:
behind on the back part of the latter's head. B fell to 1. Parricide;
the cement pavement with his head striking it. B died 2. Murder;
due to the fracture of the skull. In this case, the death 3. Homicide;
of B was not intended by A. (Reyes, Book I) 4. Infanticide;
5. Abortion;
Effects to Criminal Liability 6. Duel;
MISTAKE OF 7. Physical injuries; and
Negates criminal liability
FACT 8. Rape;
The effect depends upon
whether the intended crime and Felonies against Property:
actual crimes committed are of: 1. Robbery;
1. Different gravity – Art. 49 2. Brigandage;
shall apply. The lower 3. Theft;
penalty between the 4. Usurpation;
ERROR IN intended and the actual 5. Culpable insolvency;
PERSONAE felony committed shall be 6. Swindling and other deceits;
imposed 7. Chattel mortgage;
2. Same gravity or severity – 8. Arson and other crimes involving
the penalty is not mitigated destruction; and
(Boado, Compact Reviewer 9. Malicious mischief;
in Criminal Law)
It is a compound crime when the 2. The act was done with Evil intent;
single act (mistaken blow) If the offender with intent to kill stabbed the
ABBERATIO results in two or more grave or victim not knowing that he is already dead,
ICTUS less grave felonies (Art. 48, this is an impossible crime. The accused shall
RPC); otherwise, the offenses incur criminal liability for performing an act
shall be separately punished. which would have been homicide were it not
PRAETER This is a mitigating for the inherent impossibility of its
INTENTIONEM circumstance. (Art. 13, par. 3, accomplishment. He will be punished
RPC) because of his criminal tendency to kill a
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person. (1961 & 1976 Bar Exams) execution of the same, but nevertheless the crime
is not produced by reason of the fact that the act
If the offender stabbed the victim knowing that intended is by its nature one of impossible
he is already dead, this is not an impossible accomplishment or because the means employed
crime since it was committed without evil intent by such person are essentially inadequate or
to kill, the second requisite of impossible crime. ineffectual to produce the result desired by him.
The act does not show criminal tendency, which (See Art. 59, RPC)
is the basis of penalizing impossible crime,
because he is aware that he is not killing Since the offender in impossible crime has already
someone at time of stabbing. (Campanilla, performed the acts for the execution of the same,
Criminal Law Reviewer Volume I) there could be no attempted impossible crime. In
attempted felony, the offender has not performed
3. Its accomplishment is inherently Impossible all the acts of execution which would produce the
or the means employed is either inadequate felony as a consequence.
or ineffectual; and
There is no frustrated impossible crime, because
“Inherent impossibility of its the acts performed by the offender are considered
accomplishment” as constituting a consummated offense. (Reyes,
a. Legal impossibility – The intended acts, Book I)
even if completed, would not amount to a
crime (e.g. killing a person already dead).
b. Physical impossibility – Extraneous d. Stages of Execution
circumstances unknown to the actor or
beyond his control prevent the Art. 6. Consummated, frustrated, and attempted
consummation of the intended crime (e.g. a felonies. — Consummated felonies as well as
man puts his hand in the coat pocket of those which are frustrated and attempted, are
another with the intention to steal the punishable.
latter’s wallet and finds the pocket empty).
A felony is consummated when all the elements
“Ineffectual or inadequate means” necessary for its execution and
a. Employment of inadequate means – accomplishment are present; and it is
Means is insufficient. frustrated when the offender performs all the
b. Employment of ineffectual means – acts of execution which would produce the
Means employed did not produce the result felony as a consequence but which,
expected. nevertheless, do not produce it by reason of
causes independent of the will of the
Offender should not be aware of the perpetrator.
impossibility of his actions
The offenders, intending to kill X, fired at X’s There is an attempt when the offender
bedroom. However, X was in another city then. commences the commission of a felony
The Court found the offenders guilty of an directly or over acts, and does not perform all
impossible crime, not attempted murder. the acts of execution which should produce the
Congress has not yet enacted a law that felony by reason of some cause or accident
provides that intent plus act plus conduct other than this own spontaneous desistance.
constitutes the offense of attempt irrespective of
legal impossibility. (Intod vs. CA, G.R. No, Development of a crime
103119) 1. INTERNAL ACTS, such as mere ideas in the
mind of a person, are not punishable even if,
4. The act performed should not constitute a had they been carried out, they would
Violation of another provision of the RPC. constitute a crime.
If the accused performed an act constituting
impossible crime and another crime such as 2. EXTERNAL ACTS cover (a) preparatory acts;
arson or serious physical injuries, he will be and (b) acts of execution.
prosecuted for the latter. (Campanilla, Criminal a. Preparatory acts – Ordinarily they are not
Law Reviewer Volume I) punishable, but preparatory acts which are
considered in themselves, by law, as
No attempted or frustrated impossible crimes independent crimes are punishable.
In impossible crime, the person intending to commit
an offense has already performed the acts for the
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Example: Buying or preparing poison or

weapon with which to kill the intended victim; c. Offender’s act is not stopped by his own
carrying inflammable materials to the place spontaneous desistance;
where a house is to be burned.
“Spontaneous” – means proceeding from
b. Acts of execution – Punishable under the natural feeling or native tendency without
RPC external constraint; synonymous with
i. Subjective phase – Portion of the acts impulsive, automatic and mechanical.
constituting the crime, starting from the
point where the offender begins the The accused will be exempt from criminal
commission of the crime to that point liability only when:
where he still has control over his acts, 1. Spontaneous desistance is done during
including their natural course. the attempted stage; and
ii. Objective phase – The result of the 2. No crime under another provision of the
acts of execution, that is, the Code or other penal law is committed.
accomplishment of the crime.
d. Non-performance of all acts of execution
If the subjective and objective phases are was due to cause or accident other than his
present, there is a consummated felony. spontaneous desistance.
ATTEMPTED FELONY Desistance

It is an absolutory cause, which negates criminal
A felony is at the attempted stage when the offender liability because the law encourages a person to
commences the commission of a felony directly by desist from committing a crime.
overt acts, and does not perform all the acts of
execution which should produce the felony by reason Desistance should be made before all the acts of
of some cause or accident other than his own execution are performed, i.e. during the attempted
spontaneous desistance. stage (after commencement, but before
consummation).
The offender is still in the subjective phase because
he has not performed all acts necessary for its FRUSTRATED FELONY
accomplishment. Therefore, he still has control as he
may or may not continue his overt acts. (Boado, A felony is at the frustrated stage when the
Compact Reviewer in Criminal Law) offender performs all the acts of execution which
would produce the felony as a consequence but
ELEMENTS which, nevertheless, do not produce it by reason of
a. Offender commences the commission of the causes independent of the will of the perpetrator.
felony directly by overt acts;
The offender has reached the objective stage of the
Overt acts – Some physical activity or deed, offense for he has performed all the acts which
indicating the intention to commit a particular would produce the felony, but the crime was not
crime, more than a mere planning or preparation, committed for reasons independent of his will.
which if carried to its complete termination (Boado, Compact Reviewer in Criminal Law)
following its natural course, without being
frustrated by external obstacles nor by the If the reason is dependent on his will, as when in
voluntary desistance of the perpetrator, will homicide, the wound is fatal but he himself brought
logically and necessarily ripen into a concrete the victim to the hospital hence the victim survived,
offense. it is not frustrated homicide but some other crime
like physical injuries. (Id)
b. He does not perform all the acts of
execution which should produce the felony; ELEMENTS
a. The offender performs all the acts of
If the offender has performed all the acts of execution;
execution – nothing more is left to be done – the b. All the acts performed would produce the
stage of execution is that of a frustrated felony, if felony as a consequence;
the felony is not produced; or consummated, if c. But the felony is not produced; and
the felony is produced;
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d. By reason of causes independent of the will 5. Physical injury, since its determination
of the perpetrator. whether slight, less serious, or serious can
only be made once it is consummated
Attempted Felony vs. Frustrated Felony 6. Theft, since unlawful taking immediately
ATTEMPTED FRUSTRATED consummates the offense and the disposition
Offender commences Offender performs all of the thing is not an element
the commission of the the acts of execution
felony directly by overt which should produce CONSUMMATED FELONY
acts, and does not the felony as a
perform all the acts of consequence, but A felony is at the consummated stage when all
execution by reason of which, nevertheless, the elements necessary for its execution and
some cause or do not produce it by accomplishment are present.
accident other than his reason of causes
own voluntarily independent of the will In the consummated stage, all acts of execution are
desistance. of the perpetrator. present; hence the offender is in the objective
There is such There is no intervention stage as he no longer has control over the outcome
intervention and the of a foreign or of his acts, having performed all that is necessary
offender does not extraneous cause to accomplish his purpose. (Boado, Compact
arrive at the point of between the beginning Reviewer in Criminal Law)
performing all of the of the commission of
acts, which should the crime and the Frustrated Felony vs. Consummated Felony
produce the crime. He moment when all of the FRUSTRATED CONSUMMATED
is stopped short of that acts have been The accused performs all the acts of execution
point by some cause performed which that would produce the felony as a consequence.
apart from his should result in the If the felony is not If the felony is
voluntary desistance. consummated crime. produced due to external produced, he is liable
Never passes the Subjective phase is cause, he is liable for for consummated
subjective phase. completely passed. frustrated felony. felony.
Subjectively the crime (Campanilla, Criminal Law Reviewer Volume I)
is complete.
Offender did all that
Legal Desistance vs. Factual Desistance
was necessary to
LEGAL FACTUAL
commit the crime. If the
crime did not result as DEFINITION
a consequence, it was Desistance referred to in Actual desistance of
due to something law which would obviate the actor; the actor is
beyond his control. criminal liability, unless still liable for the
(US vs. Eduave, G.R. No. L-12155) the overt or preparatory attempt.
act already committed in
Crimes which do not have a frustrated stage themselves constitute a
felony other than what
There are crimes which do not admit of a frustrated
stage. By the definition of a frustrated felony, the the actor intended.
offender cannot possibly perform all the acts of TIME OR PERIOD EMPLOYED
execution to bring the desired result without Desistance made during Desistance made
consummating the offense. the attempted stage. after the attempted
stage of the crime.
1. Rape, because the gravamen of the offense is
carnal knowledge, so no matter how slight the Factors determining the stage of execution
penetration, the felony is consummated a. Nature of the offense;
2. Indirect bribery, because the offense is b. Elements constituting the felony; and
committed by accepting gifts offered to the public c. Manner of committing the same.
officer by reason of his office
3. Corruption of public officers, since the crime Manner of committing the crime
requires the concurrence of the will of both a. Formal crimes
parties
4. Adultery, because the essence of the crime is These are crimes consummated in one
sexual congress instant. As a rule, there can be no attempt at
a formal crime, because between the thought
and the deed there is no chain of acts that
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can be severed in any link.

A continuous crime is a continuous, unlawful act or
E.g. Giving a false testimony (Art. 180, RPC); series of acts set on foot by a single impulse and
Slander (Art. 358, RPC) operated by an unintermittent force, however long
a time it may occupy. (Mallari vs. People, G.R. No.
b. Crimes consummated by mere attempt or L-58886)
proposal or by overt act
Requisites Of Continuing Crime: (M-UP-UO)
E.g. Flight to the enemy's country (Art. 121, 1. Multiplicity of acts;
RPC); Corruption of minors (Art. 340, RPC) 2. Unity of criminal Purpose or intent; and
3. Unity of criminal Offense violated.
c. Felony by omission
Continued crime not a complex crime
There can be no attempted stage when the A continued crime is not a complex crime because
felony is by omission, because in this kind of the offender in continued or continuous crime does
felony the offender does not execute acts. He not perform a single act, but a series of acts, and
omits to perform an act which the law requires one offense is not a necessary means for
him to do. committing the other. A continuous crime is a
continuous, unlawful act or series of acts set on foot
E.g. Misprision of treason (Art 116, RPC);, by a single impulse and operated by an
Failure of accountable officer to render accounts unintermittent force, however long a time it may
(Art. 218, RPC); Failure of a responsible public occupy. (Mallari vs. People, supra)
officer to render accounts before leaving the
country (Art. 219, RPC); Failure to make delivery Example: X defrauded A through falsification of a
of public funds or property (Art. 221, RPC) public document by obtaining the title of a lot,
d. Crimes requiring the intervention of 2 belonging to B, and by misrepresenting to A that B
persons to commit them are consummated was badly in need of money and was offering the
by mere agreement title of the said lot as collateral for a loan of P1500.
X executed a Deed of Real Estate Mortgage,
E.g. In the crime of corruption of public officer signing the name of B and induced A to deliver the
(Art. 212, RPC), the same are consummated by amount of P1500. X likewise defrauded C through
mere agreement. The offer made by one of the the same means and for the same amount.
parties to the other constitutes attempted felony,
if the offer is rejected. The series of acts committed by X amounts to a
continued, continuous, or continuing offense.
e. Material crimes There was only one deceit practiced by X on the 2
victims, i.e. that being in need of money, B was
These are crimes where there are 3 stages of willing to mortgage 2 lots as security for a total loan
execution. of P3000. That there were 2 victims, however, did
not accordingly convert the crime into 2 separate
E.g. Homicide, rape, etc. are not consummated offenses, as the determinative factor is the unity or
in one instant or by a single act. multiplicity of the criminal intent or of the
transactions.
e. Continuing Crimes The singularity of the offense committed by

petitioner is further demonstrated by the fact that
CONTINUOUS (CONTINUED OR CONTINUING) the falsification of the 2 public documents as a
CRIME means of committing estafa were performed on the
A continued crime is a single crime consisting of a same date, in the same place, at the same time and
series of acts but all arising from one criminal on the same occasion. (Mallari v. People, supra)
resolution. Although there is a series of acts, there is
only one crime committed. Continued crime principle applies to crimes
against persons
However, when two acts are deemed distinct from The accused and his companion ran amok in the
one another although proceeding from the same passengers' section of the upper deck of a
criminal impulse, two offenses were committed. The motorboat. Eleven persons were killed and twenty
principle cannot be applied. (People vs. Ramos, 59 other persons were seriously wounded by him and
O.G. 4052) his companion. The accused confessed that he
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and his companion had a common motive to run

amok. It was held that since the killings were the REQUISITES:
result of a single impulse and that neither the a. Only a single act is performed by the
accused nor his companion had in mind killing any offender; and
particular individual, the acts complained of should b. The single act produces:
be considered as resulting from a single criminal i. Two or more grave felonies; or
impulse and constituting a single offense. (People vs. ii. One or more grave and one or more
Emit, CA-G.R. No. 13477-R) less grave felonies; or
iii. Two or more less grave felonies.
Series of acts born of a single criminal impulse
may be perpetrated during a long period of time Light felonies produced by the same act should
A sent an anonymous letter to B, demanding P5,000 be treated and punished as separate offenses
under threats of death and burning the latter's house. or may be absorbed by the grave felony.
2 months later, A sent another letter to B, making the
same threats. 4 months later, A sent another letter to Example: The light felonies of damage to
B, making the same threats. 6 months thereafter, A property and slight physical injuries, both
sent another letter to B, making the same threats. resulting from a single act of imprudence, do
This time, A was arrested for grave threats. (Reyes, not constitute a complex crime. They cannot
Book I) be charged in one information. They are
separate offenses subject to distinct penalties.
It was held that the different acts of sending letters of (Lontok vs. Gorgonio, G.R. No. L-37396)
demand for money with threats to kill and burn the
house of the offended party constitute only one and When the crime is committed by force or
the same crime of grave threats born of a single violence, slight physical injuries are absorbed.
criminal impulse to attain a definite objective. (See Thus, where a person in authority or his agent,
People vs. Moreno, C.A., 34 O.G. 1767) who was attacked in the performance of his
duty, suffered slight physical injuries only, the
crime of slight physical injuries is absorbed in
f. Complex Crimes And the crime of direct assault. (People vs. Benitez,
Composite Crimes G.R. No. 48396)
PLURALITY OF CRIMES 2. COMPLEX CRIME PROPER: When an

Consists in the successive execution, by the same offense is a necessary means for committing
individual, of different criminal acts, upon any of the other.
which no conviction has yet been declared. If there is
conviction by final judgment and the crimes fall under REQUISITES: (TNP)
the same title of the RPC, it is recidivism. (Reyes, a. At least Two offenses are committed;
Book I) b. One or some of the offenses must be
a. Real or material plurality - Different crimes in Necessary to commit the other (Note:
law, as well as in the conscience of the offender. necessary means is not equivalent to
The offender shall be punished for each and indispensable means); and
every offense that he committed. c. Both or all of the offenses must be
b. Formal or ideal plurality - Only 1 criminal Punished under the same statute.
liability:
i. When the offender commits any of the PENALTY FOR COMPLEX CRIMES
complex crimes in Art. 48; Art. 48. Penalty for complex crimes. — When a
ii. When the law specifically fixes a single single act constitutes two or more grave or less
penalty for 2 or more offenses committed grave felonies, or when an offense is a
(special complex crimes); and necessary means for committing the other, the
iii. When the offender commits penalty for the most serious crime shall be
continuous crimes imposed, the same to be applied in its
maximum period.
KINDS OF COMPLEX CRIMES
1. COMPOUND CRIME: When a single act This article requires the commission of at least two
constitutes 2 or more grave or less grave crimes. But the two or more grave or less grave
felonies. felonies must be the result of a single act, or an
offense must be a necessary means for committing
the other. They constitute only one crime in the
eyes of the law because the offender has only one
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criminal intent, hence, there is only one penalty E.g. Accused forcibly abducted a 19-year
imposed. old girl, and took her to the woods where
she was raped. The crime of forcible
The penalty for complex crime is the penalty for the abduction was a necessary means for
most serious crime, the same to be applied in its committing the crime of rape. (See People
maximum period. If different crimes resulting from vs. Manguiat, G.R. No. L-28377)
one single act are punished with the same penalty,
the penalty for any one of them shall be imposed, the d. Where one of the offenses is penalized
same to be applied in the maximum period. When by a special law
two felonies constituting a complex crime are E.g. Murder or Homicide remains distinct
punishable by imprisonment and fine, respectively, from the crime of Illegal Possession of
only the penalty of imprisonment should be imposed. Unlicensed Firearm, where the firearm is
(Reyes, Book I). used in perpetuating the killing. (People
vs. Quijada, supra)
When penalized by a special law
There is no complex crime where one of the offenses e. When the provision provides for a two-
is penalized by a special law. tiered penalty
E.g. Usurpation of property (Art. 312),
Art. 48 will not apply if one crime is punishable under Malicious procurement of a search warrant
the RPC, and the other punishable under a Special (Art. 129), Bribery (Art. 210, par. 1)
Penal Law.
SPECIAL COMPLEX CRIMES or COMPOSITE
Example: Murder or homicide is distinct from the CRIMES
crime of Illegal Possession of Unlicensed Firearm, Those which are treated by law as single indivisible
where the firearm is used in perpetuating the killing. offenses although comprising more than one
Murder and homicide are defined and penalized by specific crime and with specific penalty.
the RPC as crimes against persons. They are mala
in se because malice or dolo is a necessary Examples
ingredient therefor. On the other hand, the offense of 1. Rape with homicide;
illegal possession of firearms is defined and Homicide must always be consummated,
punished by a special penal law. It is a malum otherwise, they are separate offenses. The
prohibitum. In punishing illegal possession of rape may either be consummated or
firearms, the criminal intent of the possessor is not attempted.
taken into account. All that is needed is intent to
perpetrate the act prohibited by law, coupled The elements of the special complex crime of
by animus possidendi. However, it must be clearly rape with homicide are: (a) the appellant had
understood that this animus possidendi is without carnal knowledge of a woman; (b) carnal
regard to any other criminal or felonious intent which knowledge of a woman was achieved by
an accused may have harbored in possessing the means of force, threat or intimidation; and (c)
firearm. (People vs. Quijada, G.R. Nos. 115008-09) by reason or on occasion of such carnal
knowledge by means of force, threat or
WHEN THERE IS NO COMPLEX CRIME: intimidation, the appellant killed a woman.
a. In case of continuous crimes (People vs. Alfredo Reyes Alias “Boy Reyes”,
G.R. No. 207946)
b. When one offense is committed to
conceal the other 2. Kidnapping with homicide
E.g. After committing homicide, the Where the person kidnapped is killed in the
accused, in order to conceal the crime, set course of the detention, regardless of whether
fire to the house where it had been the killing was purposely sought or was merely
perpetrated (People vs. Bersabal, G.R. No. an afterthought, the kidnapping and murder or
24532) homicide can no longer be complexed under
Art. 48, nor be treated as separate crimes, but
Setting fire to the house is arson. Neither shall be punished as a special complex crime
homicide nor arson was necessary to under the last paragraph of Art. 267, as
commit the other. amended by RA No. 7659. (People vs. Elizalde
Y Sumagdon and Placente y Busio, G.R. No.
c. When the other crime is an indispensable 210434)
part or an element of the other offenses
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3. Kidnapping with rape;

No matter how many rapes had been committed 5. Robbery with rape
in the special complex crime of kidnapping with For a conviction of the crime of robbery with
rape, the resultant crime is only one kidnapping rape to stand, it must be shown that the rape
with rape. This is because these composite acts was committed by reason or on the occasion
are regarded as a single indivisible offense as in of a robbery and not the other way around. This
fact R.A. No. 7659 punishes these acts with only special complex crime under Art. 294 of the
one single penalty. However, for the crime of RPC contemplates a situation where the
kidnapping with rape, as in this case, the original intent of the accused was to take, with
offender should not have taken the victim with intent to gain, personal property belonging to
lewd designs, otherwise, it would be complex another and rape is committed on the occasion
crime of forcible abduction with rape. (People vs. thereof or as an accompanying crime. Thus, to
Mirandilla, Jr., G.R. No. 186417) be convicted of robbery with rape, the following
elements must concur: (1) the taking of
4. Robbery with homicide personal property is committed with violence or
Robbery with homicide is primarily a crime intimidation against persons; (2) the property
against property and not against persons. taken belongs to another; (3) the taking is
Homicide is a mere incident of the robbery, the characterized by intent to gain or animus
latter being the main purpose and object of the lucrandi; and (4) the robbery is accompanied
criminal. (People vs. Pagal, No. L-32040) by rape. (People v. Bringcula y Fernandez,
G.R. No. 226400)
In robbery with homicide, the original criminal
design of the malefactor is to commit robbery, First. The intent to rob must precede the rape.
with homicide perpetrated on the occasion or by In robbery with rape, the intention of the felony
reason of the robbery. The intent to commit is to rob and the felony is accompanied by
robbery must precede the taking of human life. rape. Intent to gain, as an element of the crime
The homicide may take place before, during or of robbery, is an internal act; hence, presumed
after the robbery. It is only the result obtained, from the unlawful taking of things. Second. In
without reference or distinction as to the robbery with rape to stand, it must be shown
circumstances, causes or modes or persons that the rape was committed by reason of or on
intervening in the commission of the crime that the occasion of robbery and not the other way
has to be taken into consideration. There is no around. (People vs. Spinilla, G.R. No. 224922)
such felony of robbery with homicide through
reckless imprudence or simple negligence. The Note: Additional rape is not aggravating.
constitutive elements of the crime, namely,
robbery and homicide, must be consummated. 6. Arson with homicide
The word "homicide" is used in its generic sense. In cases where both burning and death occur,
Homicide, thus, includes murder, parricide, and in order to determine what crime/crimes
infanticide. (People vs. Layug, G.R. No. 223679) was/were perpetrated — whether arson,
murder or arson and homicide/murder, it is de
In cases when the prosecution failed to rigueur to ascertain the main objective of the
conclusively prove that homicide was committed malefactor:
for the purpose of robbing the victim, no accused a. If the main objective is the burning of the
can be convicted of robbery with homicide. building or edifice, but death results by
(People vs. Chavez y Bitancor alias "NOY", G.R. reason or on the occasion of arson, the
No. 207950) crime is simply arson, and the resulting
homicide is absorbed
While we have previously ruled that the b. If the main objective is to kill a particular
circumstance of evident premeditation is person who may be in a building or edifice,
inherent in Robbery, it may be considered in the when fire is resorted to as the means to
special complex crime of Robbery with Homicide accomplish such goal the crime committed
if there is premeditation to kill besides stealing. is murder only;
(People vs. Olazo, G.R. No. 220761, J. c. If the objective is to kill a particular person,
CAGUIOA) and in fact the offender has already done
so, but fire is resorted to as a means to
Note: Additional homicide is not aggravating. cover up the killing, then there are two
separate and distinct crimes committed —
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homicide/murder and arson. (People v.

Dolendo y Fediles, G.R. No. 223098)
Crimes involved cannot be legally complexed:

1. Malicious obtainment or abusive service of
search warrant (Art. 129, RPC) with perjury;
2. Bribery (Art. 210, RPC) with infidelity in the
custody or prisoners;
3. Maltreatment of prisoners (Art. 235, RPC) with
serious physical injuries; and
4. Usurpation of real rights (Art. 312, RPC) with
serious physical injuries.
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MATERIAL PLURALITY VS. CONTINUED CRIME

REAL OR MATERIAL PLURALITY CONTINUED CRIME
There is a series of acts performed by the offender.
Each act performed by the offender constitutes a The different acts constitute only one crime because
separate crime, because each act is generated by a all of the acts performed arise from one criminal
criminal impulse. resolution.
ORDINARY COMPLEX CRIME VS. SPECIAL COMPLEX/ COMPOSITE CRIME

ORDINARY COMPLEX CRIME SPECIAL COMPLEX CRIME OR COMPOSITE
CRIME
AS TO THEIR CONCEPT
It is made up of two or more crimes being punished in It is made up of two or more crimes, which are
distinct provisions of the RPC but alleged in one considered only as components of a single indivisible
information either because they were brought about offense being punished in one provision of the RPC.
by a single act producing two or more grave or less
grave felonies or because one offense is a necessary
means for committing the other offense or offenses.
Each act performed by the offender constitutes a The different acts constitute only one crime because
separate crime, because each act is generated by a all of the acts performed arise from one criminal
criminal impulse. resolution.
AS TO PENALTY
Penalty for the most serious crime shall be imposed It is the penalty specifically provided for the special
and in its maximum period. complex crime that shall be applied according to the
rules on imposition of the penalty.
EXAMPLES OF COMPLEX CRIMES AND SPECIAL COMPLEX CRIMES

EXAMPLES OF COMPLEX CRIMES
EXAMPLES OF SPECIAL COMPLEX CRIMES
COVERED BY ARTICLE 48
1. Direct assault with: 1. Qualified Piracy/ Qualified mutiny;
a. Homicide; 2. Robbery with:
b. Murder; a. Serious Physical Injuries (SPI): victim of SPI
c. Serious Physical Injuries or Less Serious should not be the robber; otherwise, they are
Physical Injuries; or separate crimes;
d. Tumults and other disturbances; Note: under the 4th act, violence need not
2. Estafa thru falsification of a public document; result in SPI; only that the violence be
3. Malversation thru falsification; unnecessary for the commission of the
4. Discharge of firearm with SPI or LSPI; crime;
5. Grave threats with intentional abortion; b. Homicide: Intent to take personal property
6. Homicide with unintentional abortion; must precede the killing. Otherwise, two
7. Parricide with abortion (intentional or separate crimes of
unintentional); homicide/murder/parricide and theft are
8. Forcible abduction with rape (if there are multiple committed. The law does not require that the
rapes, only one will be complexed with forcible victim of robbery is also the victim of
abduction, and the rest shall be considered homicide;
separate crimes); c. Rape: Intent to gain must also precede rape.
9. Simple seduction by means of usurpation of This does not cover robbery with attempted
official functions. rape.
d. Intentional Mutilation: Castration or mayhem;
e. Arson: Robbery should precede arson. And
no rape, homicide, SPI, or intentional
mutilation should be committed or else,
arson will only be considered as an
aggravation circumstance.
3. Rape with homicide (also, attempted and
frustrated rape with homicide): homicide must be
by reason of or on occasion of rape;
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4. Rape with serious illegal detention or Kidnapping

with rape: if there is an attempted rape, it shall be
considered as a separate crime. Regardless of
the number of rapes, there is only one crime;
5. Kidnapping with
a. Murder;
b. Homicide (take note of specific intent);
Regardless of the number of victims killed,
there is one crime only of special complex
crime of kidnapping with homicide or murder,
as the case may be;
c. Serious Physical injuries.
— end of topic —
2. CIRCUMSTANCES AFFECTING Burden of proof

CRIMINAL LIABILITY It is incumbent upon the accused to prove the
justifying circumstances claimed by him to the
Definitions satisfaction of the court.
IMPUTABILITY RESPONSIBILITY
The quality by which an The obligation of 1. SELF-DEFENSE (PAR. 1)
act may be ascribed to suffering the
a person as its author or consequences of Rights included in self-defense:
owner. It implies that crimes. It is the a. Defense of person;
the act committed has obligation of taking the b. Defense of rights protected by law;
been freely and penal and civil c. Defense of property; and
consciously done and consequences of the d. Defense of chastity.
may, therefore, be put crime.
down to the doer as his ELEMENTS:
very own. 1. Unlawful Aggression;
Implies that a deed may Implies that the person Of the three elements of self-defense, unlawful
be imputed to a person. must take the aggression is indispensable.
consequences of such Unlawful aggression is equivalent to assault or at
a deed. least threatened assault of an immediate and
imminent kind. (People vs. Alconga, G.R. No. L-162)
GUILT is an element of responsibility, for a man
cannot be made to answer for the consequences of Unlawful aggression refers to "an actual physical
a crime unless he is guilty. assault, or at least a threat to inflict real imminent
injury, upon a person." (People vs. Vega y Ramil,
a. Justifying Circumstances G.R. No. 216018, J. CAGUIOA)
JUSTIFYING CIRCUMSTANCES In case of a threat, it must be offensive and strong,

Those where the act of a person is said to be in positively showing the wrongful intent to cause
accordance with law, so that such person is deemed injury. It is present only when the one attacked faces
not to have transgressed the law and is free from real and immediate threat to one’s life. (People vs.
both criminal and civil liability. There is no crime and Vergara, G.R. No. 177763)
there is no criminal.
Peril to one’s life
There is also no civil liability, except in par. 4 of Art. a. Actual – The danger must be present, that is,
11, RPC (avoidance of greater evil or injury). actually in existence; or
b. Imminent – The danger is on the point of
happening. It is not required that the attack
already begins, for it may be too late.
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c. Peril to one’s limb The rule now is "stand ground when in the right"
Includes peril to the safety of one’s person from Where the accused is where he has the right to be,
physical injuries. the law does not require a person to retreat when
his assailant is rapidly advancing upon him with a
Retaliation is not self-defense deadly weapon. (U.S. vs. Domen, 37 Phil. 57)
RETALIATION SELF-DEFENSE
The aggression that The aggression was How to determine the unlawful aggressor
was begun by the still existing when the In the absence of direct evidence to determine who
injured party already aggressor was injured provoked the conflict, it shall be presumed that, in
ceased to exist when or disabled by the the nature of the order of things, the person who was
the accused attacked person making a deeply offended by the insult was the one who
him. defense. believed he had a right to demand explanation of the
perpetrator of that insult, and the one who struck the
NOT self-defense nor a first blow when he was not satisfied with the
justifying circumstance. explanation offered. (U.S. vs. Laurel, G.R. No L-
(Reyes, Book I) 7037)
Without appreciable interval of time Belief of the accused may be considered in

To justify homicide on the ground of self-defense, it determining the existence of unlawful
is essential that the killing of the deceased by the aggression
defendant be simultaneous with the attack made by There is self-defense even if the aggressor used a
the deceased, or at least both acts succeeded each toy pistol, provided the accused believed it was a
other without appreciable interval of time. (U.S. vs. real gun. (People vs. Boral, 11 C.A. Rep. 914)
Ferrer, 1 Phil. 56)
Threat to inflict real injury as unlawful
When the killing of the deceased by the accused aggression
was after the attack made by the deceased, the In order to consider that unlawful aggression was
accused must have no time nor occasion for actually committed, it is necessary that an attack or
deliberation and cool thinking. (Reyes, Book I) material aggression, an offensive act positively
determining the intent of the aggressor to cause an
Unlawful aggression must come from the injury shall have been made; a mere threatening or
person who was attacked by the accused intimidating attitude is not sufficient to justify the
To constitute an element of self-defense, the commission of an act which is punishable per se,
unlawful aggression must come, directly or and allow a claim of justification on the ground that
indirectly, from the person who was subsequently it was committed in self-defense. (Reyes, Book I)
attacked by the accused. (People vs. Gutierrez,
G.R. No. 31010) Aggression must be real, not merely imaginary
The aggression must be real or at least imminent
Where the parties mutually agree to fight, it and not merely imaginary. A belief that a person is
becomes immaterial who attacks or receives the about to be attacked is not sufficient. Even an
wound first, for the first act of force is incidental to intimidating or threatening attitude is by no means
the fight itself and in no wise is it an unwarranted enough. A mere push or shove not followed by other
and unexpected aggression which alone can acts placing in real peril the life or personal safety of
legalize self-defense. In this situation, the the accused is not unlawful aggression. (People vs.
circumstances modifying criminal liability cannot be Bautista y Nieles, G.R. No. 109800)
applied to either party. (Jacobo y Sementela vs. CA
and People, G.R. No. 107699) 2. Reasonable necessity of the means
employed to prevent or repel it;
When the aggressor flees, unlawful aggression The reasonableness of either or both such necessity
no longer exists depends on the existence of unlawful aggression
When unlawful aggression ceases, the defender no and upon the nature and extent of the aggression.
longer has any right to kill or wound the former
aggressor, otherwise, retaliation and not self- Reasonable necessity does not mean absolute
defense is committed. A person making a defense necessity. It must be assumed that one who is
has no more right to attack an aggressor when the assaulted cannot have sufficient tranquility of mind
unlawful aggression has ceased. (Dela Cruz vs. to think, calculate and make comparisons which can
People, G.R. No. 189405) easily be made in the calmness of the home. It is not
the indispensable need but the rational necessity
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which the law requires. In each particular case, it is nature and quality of the weapons used by the
necessary to judge the relative necessity, whether defender and the assailant but also of the totality of
more or less imperative, in accordance with the circumstances surrounding the defense vis-a-vis,
rules of rational logic. The defendant may be given the unlawful aggression. (People v. Olarbe, G.R.
the benefit of any reasonable doubt as to whether No. 227421)
he employed rational means to repel the
aggression. (Mariano y Garcia vs. People, G.R. No. When the one defending himself is a peace
224102) officer
The peace officer, in the performance of his duty,
Elements of necessity represents the law which he must uphold. While the
1. Necessity of the course of action taken – If law on self-defense allows a private individual to
there was no unlawful aggression or, if there prevent or repel an aggression, the duty of a peace
was, it has ceased to exist, there would be no officer requires him to overcome his opponent. A
necessity for any course of action to take as police officer is not required to afford a person
there is nothing to prevent or to repel. In attacking him, the opportunity for a fair and equal
determining the existence of unlawful struggle. (U.S. vs. Mojica, G.R. No. 17650)
aggression that induced a person to take a
course of action, the place and occasion of the NOTE: The first two requisites thus far explained are
assault and the other circumstances must be common to self-defense, defense of a relative, and
considered. (Reyes, Book I) defense of a stranger.
2. Necessity of the means used – The means
employed by the person making a defense must 3. Lack of sufficient Provocation on the part
be rationally necessary to prevent or repel an of the person defending himself
unlawful aggression. To be entitled to self-defense, the accused must
not have given cause for the aggression by his
Test of reasonableness of the means used unjust conduct or by inciting or provoking the
a. Nature and quality of the weapon used by victim. (Rimano v. People, G.R. No. 157657)
aggressor
b. Physical condition, character, size and other The exercise of a right cannot give rise to sufficient
circumstances of aggressor; provocation. (US v. Pascua, 28 Phil. 222)
c. Physical condition, character, size and
circumstances of person defending himself ; The provocation must be sufficient, which means
d. Place and occasion of assault; that it should be proportionate to the act of
aggression and adequate to stir the aggressor to its
Perfect equality between the weapon used by the commission. (People v. Alconga, G.R. No. L-162)
one defending himself and that of the aggressor is
not required, because the person assaulted does Cases in which the 3rd requisite is considered
not have sufficient tranquility of mind to think, to present:
calculate and to choose which weapon to use. i. When no provocation at all was given to the
(People vs. Padua, C.A., 40 O.G. 998) aggressor by the person defending himself
ii. When, even if a provocation was given, it was
What the law requires is rational equivalence, in not sufficient
the consideration of which will enter as principal iii. When, even if the provocation was sufficient,
factors the emergency, the imminent danger to it was not given by the person defending
which the person attacked is exposed, and the himself
instinct, more than reason, that moves or impels the iv. When, even if a provocation was given by the
defense, and the proportionateness thereof does person defending himself, it was not
not depend upon the harm done, but rests upon the proximate and immediate to the act of
imminent danger of such injury. (People vs. aggression (Reyes, Book I)
Encomienda, G.R. No. L-26750)
BATTERED WOMAN SYNDROME AS A
Under the doctrine of rational equivalence, a plea of DEFENSE (R.A. 9262: Anti-Violence Against
self-defense would prosper if there is a rational Women and Their Children Act of 2004)
equivalence between the means of attack by the
unlawful aggressor and the means of defense by the Battered woman – One who is repeatedly
accused that would characterize the defense as subjected to any forceful physical or psychological
reasonable. The doctrine of rational equivalence behavior by a man in order to coerce her to do
presupposes the consideration not only of the something he wants her to do without concern for
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her rights. Includes wives or women in any form of 2. Reasonable necessity of the means
intimate relationship with men. Must go through the employed to prevent or repel it;
battering “cycle of violence” at least TWICE. The gauge of reasonable necessity of the
means employed to repel the aggression as
Phases against one's self or in defense of a relative is
1. Tension-building phase – During this to be found in the situation as it appears to the
phase, minor battering occurs. It could be person repelling the aggression. The
verbal or slight physical abuse. The woman reasonableness of the means adopted is not
usually tries to pacify the batterer through a one of mathematical calculation or material
show of kind, nurturing way. All she wants is commensurability between the means of attack
to prevent the escalation of the violence and defense but the imminent danger against
exhibited by the batterer. the subject of the attack as perceived by the
2. Acute battering incident – Characterized by defender and the instinct more than reason that
brutality, destructiveness, and sometimes moves the defender to repel the attack.
death. The battered woman deems this (Eslabon vs. People, G.R. No. L-66202)
incident as unpredictable, yet also inevitable.
During this phase, she has no control. Only 3. In case the provocation was given by the
the batterer may put an end to the violence. person attacked, the one making the
The woman usually realizes that she cannot defense had no part in such provocation.
reason with him, and that resistance would The clause, “in case the provocation was given
only exacerbate her condition. by the person attacked,” used in stating the 3rd
3. Tranquil, loving phase – This final phase requisite does not mean that the relative
begins when the acute battering incident defended should give provocation to the
ends. During this period, the couple aggressor. It merely states an event which may
experience profound relief. The batterer may or may not take place.
show a tender and nurturing behavior
towards his partner. The battered woman There is still a legitimate defense of relative
tries to convince herself that the battery will even if the relative being defended has given
never happen again; that her partner will provocation, provided that the one defending
change for the better. such relative has no part in the provocation.
Victim-survivors who are found by the courts to be The relative defended may be the original
suffering from battered woman syndrome do not aggressor. (Reyes, Book I)
incur any criminal and civil liability notwithstanding
the absence of any of the elements for justifying Relative entitled to the defense: (SADAC)
circumstances of self-defense under the RPC. (Sec. a. Spouse;
26, R.A. 9262) b. Ascendants;
c. Descendants;
The Battered Woman Syndrome can be invoked as d. Legitimate, natural or adopted brothers and
a defense without having to prove the elements of sisters, or relatives by Affinity (created by
self-defense like unlawful aggression. marriage or law) in the same degrees; and
e. Relatives by Consanguinity (blood relatives)
2. DEFENSE OF RELATIVES (PAR. 2) within the 4th civil degree.
ELEMENTS: 3. DEFENSE OF STRANGER (PAR. 3)

1. Unlawful Aggression;
An indispensable requirement. ELEMENTS:
1. Unlawful aggression (indispensable
Unlawful aggression need not exist as a matter requirement);
of fact. It can be made to depend upon the
honest belief of the one making a defense, as 2. Reasonable necessity of the means
when two sons attacked the victim in the belief employed to prevent or repel it; and
that the latter unlawfully attacked their father
who was lying on the floor when they arrived. 3. Person defending be not induced by
(U.S. v. Esmedia, G.R. No. L-5749) revenge, resentment or other evil motive.
The defense of a stranger must be actuated by
disinterested or generous motive. (Reyes,
Book I)
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Who are deemed strangers justifying circumstance of performance of duty.

A stranger is any person not included in the (Valcorza v. People, G.R. No. L-28129)
enumeration of relatives mentioned in par. 2.
Hence, even a close friend or a distant relative is a However, if the prisoner who escaped was fired
stranger within the meaning of par. 3. (Reyes, Book upon by the guard and he was hit on the thigh at a
I) distance of four meters, there was no absolute
necessity to fire again resulting in the death of the
4. AVOIDANCE OF GREATER EVIL OR prisoner as he could then easily be captured. In
INJURY (STATE OF NECESSITY) such case, the custodian is only entitled to privileged
(PAR. 4) mitigating circumstance of incomplete performance
of duty. (People v. Oanis, G.R. No. L-47722; 2000
ELEMENTS: Bar Exam)
1. Evil sought to be avoided actually exists;
Evil that is merely expected or anticipated or No violence or unnecessary force shall be used in
may happen in the future is not sufficient. making an arrest and the person arrested shall not
be subject to any greater restraint than what is
2. Injury feared be greater than that done to necessary for his detention. (Sec. 2, Rule 118,
avoid it; and Rules on Criminal Procedure)
Greater evil should not be brought about by the
negligence or imprudence of the actor. Lawful exercise of right or office
Under the Civil Code (Art. 429), the owner or lawful
3. No other practical and less harmful means possessor of a thing has the right to exclude any
of preventing it. person from the enjoyment and disposal thereof. For
The necessity must not be due to the this purpose, he may use such force as may be
negligence or violation of any law by the actor. reasonably necessary to repel or prevent an actual
or threatened unlawful physical invasion or
This covers injury to persons and damage to usurpation of his property.
property. (Reyes, Book I)
If in protecting his possession of the property he
Civil liability injured (not seriously) the one trying to get it from
In cases falling within subdivision 4 of Art. 11, the him, he is justified under this paragraph. (Reyes,
persons for whose benefit the harm has been Book I)
prevented, shall be civilly liable in proportion to the
benefit which they may have received (Art. 101, Under this paragraph (lawful exercise of a right), it is
RPC). The civil liability here is not ex-delicto. not necessary that there be unlawful aggression
against the person charged with the protection of the
Although as a rule, there is no civil liability in property. If there is unlawful aggression against the
justifying circumstances, it is only in this instance person charged with the protection of the property,
where there is civil liability, but civil liability is borne then par. 1 of Art. 11 applies, it being a defense of
by the persons benefited. right to property. (Id)
5. FULFILLMENT OF DUTY OR 6. OBEDIENCE TO AN ORDER ISSUED

LAWFUL EXERCISE OF RIGHT OR FOR SOME LAWFUL PURPOSE
OFFICE (PAR. 5) (PAR. 6)
ELEMENTS: ELEMENTS:
1. Accused acted in the performance of duty or 1. An order has been issued by a superior;
in the lawful exercise of a right or office; and The Japanese imperial army during the
occupation cannot be considered as superior
2. Injury caused or offense committed is the officer within the concept of justifying
necessary consequence of the due circumstance of obedience to an order. (People
performance of the duty, or the lawful v. Manayao, G.R. No. L-822)
exercise of such right or office.
2. The order has a lawful purpose and not
Fulfillment of duty patently illegal; and
If the custodian, who already had reasons to fear One who prepared a falsified document with full
that the prisoner would be able to elude him, fired knowledge of its falsity is not excused even if he
his gun, he is not liable for his death because of the merely acted in obedience to the instruction of
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his superior because the instruction was not for There is therefore a crime, but no criminal.
a lawful purpose. (People vs. Barroga, 54 Phil.
247) Burden of proof
Burden of proof to prove the existence of an
A soldier who, in obedience to the order of his exempting circumstance lies within the defense.
sergeant, tortured to death the deceased for
bringing a kind of fish different from that he had Justifying vs. Exempting Circumstances
been asked to furnish a constabulary JUSTIFYING EXEMPTING
detachment, is criminally liable. Obedience to WHO OR WHAT IS AFFECTED
an order of a superior is justified only when the Act Actor
order is for some lawful purpose. The order to NATURE OF ACT
torture the deceased was illegal, and the
accused was not bound to obey it. (People vs. Act is considered Act is wrongful but actor
Margen, et al., 85 Phil. 839) legal is not liable
EXISTENCE OF A CRIME
3. Means used by subordinate to carry out said Yes, but since
order is lawful. None voluntariness is absent
Order to torture a criminal suspect is not lawful, the actor is not liable
and thus, obedience to such order is not a LIABILITY
justifying circumstance. (People v. Margen, No crime, no criminal, There is a crime, no
G.R. No. L-2681) no criminal liability. criminal, no criminal
liability.
A police officer should only use force, which is
reasonably necessary in apprehending an No civil liability There is civil liability
accused by virtue of warrant issued by EXCEPT civil liability EXCEPT as to Art.
competent court. (Campanilla, Criminal Law in Art. 11(4) 12(4) [injury by mere
Reviewer Volume I) [avoidance of greater accident] and (7) [lawful
evil or injury]: Under cause]
General Rule: A subordinate cannot invoke this Art. 101, the persons
circumstance when order is patently illegal. for whose benefit the
harm has been
Exception: When there is compulsion of an prevented shall be
irresistible force, or under impulse of uncontrollable civilly liable in
fear. proportion to the
benefit which they
When the accused acted upon orders of superior may have received.
officers, which he, as military subordinate, could not
question, and obeyed the orders in good faith,
without being aware of their illegality, without any 1. IMBECILITY OR INSANITY (PAR. 1)
fault or negligence on his part, he is not liable
because he had no criminal intent and he was not IMBECILITY
negligent. (People vs. Beronilla, G.R. No. L-4445) Exists when a person, while of advanced age, has a
mental development comparable to that of children
between 2 and 7 years old. An imbecile is one who
b. Exempting Circumstances is deprived completely of reason or discernment and
freedom of the will at the time of committing the
EXEMPTING CIRCUMSTANCES (Non- crime. He is exempt in all cases from criminal
imputability) liability.
Those grounds for exemption from punishment
due to the absence of any conditions in the agent INSANITY
of the crime which makes the act voluntary or Exists when there is complete deprivation of
negligent. intelligence or reason or without the least
discernment or with total deprivation of free will. This
Technically, one who acts by virtue of any does not include mere abnormality of the mental
exempting circumstance commits a crime, although faculties. The insane is not so exempt if it can be
by the complete absence of any of the conditions shown that he acted during a lucid interval.
which constitute free will or voluntariness of the act, It is necessary that there be a complete deprivation
no criminal liability arise. (Guevara) of intelligence while committing the act, that is, that
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the accused be deprived of reason; that he acts is not an exempting circumstance but a
without the least discernment; or that there be a total mitigating circumstance)
deprivation of freedom of the will. (People v. d. Epilepsy – chronic nervous disease
Formigones, G.R. No. L-3246) characterized by fits, occurring at intervals,
attended by conclusive motions of the muscles
The defense must prove that the accused was and loss of consciousness
insane at the time of the commission of the crime, e. Feeblemindedness – not exempting
because the presumption is always in favor of f. Pedophilia – not insanity
sanity. g. Amnesia – not proof of mental condition of the
accused
Where it is shown that the defendant had lucid h. Other causes of lack of intelligence
intervals, it will be presumed that offense was i. Committing a crime while in a dream (People v.
committed in one of them. (People v. Bonoan y Taneo, G.R. No. L-37673)
Cruz, G.R. No. L-45130) j. Somnambulism or sleepwalking (People v.
Gimena, G.R. No. L-33877); and
TIME WHEN k. Committing a crime while suffering from
ACCUSED EFFECT ON CRIMINAL malignant malaria. (People v. Lacena, G.R. No.
SUFFERS LIABILITY L-46961)
INSANITY
At the time of 2. MINORITY (PAR. 2 AND 3)
the [Modified by RA. No. 9344 or the
Exempt from criminal liability
commission of Juvenile Justice and Welfare Act of
the felony 2006)
Accused is criminally liable,
but trial will be suspended until Burden of proof
the mental capacity of the Any person alleging the age of the child in conflict
During trial
accused be restored to afford with the law has the burden of proving the age of the
him a fair trial; and accused is child. (OCA Circular No. 97-2019)
committed to a hospital.
Execution of judgment is Any person contesting the age of the child in conflict
suspended, and the accused with the law PRIOR to the filing of the information in
After
is committed to a hospital. The any appropriate court may file a case in a summary
judgment of
period of confinement in the proceeding for the determination of age before the
while serving
hospital is counted for the Family Court which shall decide the case within 24
sentence
purpose of the prescription of hours from receipt of the appropriate pleadings of all
the penalty. interested parties. (Sec. 7, R.A. No. 9344)
The evidence of insanity must refer to the time "Child in Conflict with the Law" (CICL) refers to a
preceding the act under the prosecution or to the child who is alleged as, accused of, or adjudged as,
very moment of its execution. having committed an offense under Philippine laws.
(Sec. 4[e], R.A. No. 9344)
Tests of Insanity:
1. Cognition – complete deprivation of PAR. 2: A person under [9 years of age]
intelligence in committing the crime; and NOTE: Modified by Sec. 6 of R.A. No. 9344 to 15
2. Volition – total deprivation of freedom of will. YEARS OF AGE AND BELOW.
Scope of the term “Insanity”: A child 15 years of age or under at the time of the
a. Dementia praecox – irresistible homicidal commission of the offense shall be exempt from
impulse criminal liability. However, the child shall be
b. Schizophrenia – chronic mental disorder subjected to an intervention program pursuant to
characterized by inability to distinguish between Section 20 of this Act. (Sec. 6, R.A. No. 9344)
fantasy and reality and often accompanied by
hallucinations and delusions PAR. 3: A person over [9 years of age and under
c. Kleptomania – only if it produces an irresistible 15], unless he has acted with discernment in
impulse to steal as when the accused has been which case, such minor shall be proceeded
deprived of his will which would enable him to against in accordance with the provisions of
prevent himself from doing this act (Note: If it Article 80 of this Code.
only diminishes the exercise of his will-power, it
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NOTE: Modified by Sec. 6 of R.A. No. 9344 to a a. The crime of vagrancy and prostitution
person OVER 15 ABOVE and UNDER 18, unless under Sec. 202 of the RPC
he has acted with discernment. b. Mendicancy under P.D. No. 1563,
c. Sniffing of rugby under P.D. No. 1619,
A child above 15 years but below 18 years of age such prosecution being inconsistent
shall likewise be exempt from criminal liability and with the United Nations Convention on
be subjected to an intervention program, unless the Rights of the Child: Provided, That
he/she has acted with discernment, in which case, said persons shall undergo appropriate
such child shall be subjected to the appropriate counseling and treatment program.
proceedings in accordance with this Act. (Sec. 6, (Sec. 58)
R.A. No. 9344)
Diversion v. Intervention
Allegation of “with intent to kill” in the information is DIVERSION INTERVENTION
sufficient allegation of discernment. An alternative, child- A series of activities
appropriate process of which are designed to
Automatic suspension of sentence determining the address issues that
Once the child who is under 18 years of age at the responsibility and caused the child to
time of the commission of the offense is found guilty treatment of a child in commit an offense. It
of the offense charged, the court shall determine conflict with the law on may take the form of an
and ascertain any civil liability which may have the basis of his/her individualized
resulted from the offense committed. However, social, cultural, treatment program
instead of pronouncing the judgment of conviction, economic, which may include
the court shall place the child in conflict with the law psychological or counseling, skills
under suspended sentence, without need of educational training, education, and
application. Suspension of sentence shall still be background without other activities that will
applied even if the juvenile is already 18 years of resorting to formal court enhance his/her
age or more at the time of the pronouncement of proceedings. (Sec. 4 (i), psychological,
his/her guilt. Upon suspension of sentence and after R.A. 9344) emotional and psycho-
considering the various circumstances of the child, social well-being. (Sec.
the court shall impose the appropriate disposition 4 (l), R.A. 9344)
measures as provided in the Supreme Court Rule A CICL is required to A child 15 years of age
on Juveniles in Conflict with the Law. (Sec. 38, R.A. undergo a Diversion or under at the time of
No. 9344) Program, after he/she is the commission of the
found responsible for offense is exempt from
PERIODS OF CRIMINAL an offense without criminal liability, but
RESPONSIBILITY resorting to formal court shall be subjected to an
Age of Absolute proceedings. (Sec. 4 (j), intervention program.
15 and below
Irresponsibility supra) (Sec. 6, supra)
Age of Conditional
Between 15-18
Responsibility 3. ACCIDENT WITHOUT FAULT OF
Age of Full
18 or over INTENTION OF CAUSING IT (PAR. 4)
(adolescence) to 70
Responsibility
(maturity) ACCIDENT
15 or over but less An occurrence that happens outside the sway of our
than 18, offender will, and although it comes about through some act
Age of Mitigated
acting with of our will, it lies beyond the bounds of humanity
Responsibility
discernment ; over 70 foreseeable consequences. (Reyes, Book I)
years of age
ELEMENTS:
Exempting provisions under R.A. No. 9344 1. A person is performing a lawful act;
a. Status Offenses – Any conduct not considered 2. With due care;
an offense or not penalized if committed by an 3. He causes an injury to another by mere
adult shall not be considered an offense and accident; and
shall not be punished if committed by a child. 4. Without fault or intention of causing it.
(Sec. 57)
b. Offenses Not Applicable to Children
– Persons below 18 years of age shall be
exempt from prosecution for:
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Accident v. Negligence 3. The fear of an injury is greater than or at

ACCIDENT NEGLIGENCE least equal to that committed.
An event which under Failure to observe that
the circumstance is degree of care, Nature of duress as a valid defense
unusual or unexpected precaution and Duress to be a valid defense should be based on
by the person to whom vigilance which the real, imminent or reasonable fear for one’s life or
it happens. circumstances justly limb. It should not be inspired by speculative,
demand without which fanciful or remote fear. (Reyes, Book I)
such other person
suffers injury. The accused must not have an opportunity for
escape or self-defense
When claim of accident is not appreciated A threat of future injury is not enough. The
a. Repeated blows; and compulsion must be of such a character as to leave
b. Threatening words preceding it and still aiming no opportunity to the accused for escape or self-
the gun at the prostate body of the victim. defense in equal combat. (Id)
4. IRRESISTIBLE FORCE (PAR. 5) Duress is unavailing where the accused had every
opportunity to run away if he had wanted to or to
IRRESISTIBLE FORCE resist any possible aggression because he was also
Means that the offender uses violence or physical armed. (People vs. Palencia, G.R. No. L-38957)
force to compel another person to commit a crime.
Irresistible Force vs. Uncontrollable Fear
ELEMENTS: IRRESISTIBLE UNCONTROLLABLE
1. The compulsion is by means of physical FORCE FEAR
force; Violence or physical The offender employs
2. The physical force must be irresistible; and force to compel intimidation or threat in
3. The physical force must come from a third another person to compelling another to
person. commit a crime. commit a crime.
(Reyes, Book I)
Passion and obfuscation cannot amount to
irresistible force. 6. PREVENTED BY A LAWFUL OR
INSUPERABLE CAUSE (PAR. 7)
The force must be so irresistible as to reduce the
actor to a mere instrument who acts not only without ELEMENTS:
will but against his will. The compulsion must be of 1. An act is required by law to be done;
such a character as to leave no opportunity to the 2. A person fails to perform such act; and
accused for escape or self-defense in equal combat. 3. His failure to perform such act was due to
(People v. Loreno, G.R. No. L-54414) some lawful or insuperable cause.
5. UNCONTROLLABLE FEAR (PAR. 6) When prevented by some lawful cause

If the priest does not disclose and make known the
UNCONTROLLABLE FEAR same to the proper authority, he is exempt from
Means that the offender employs intimidation or criminal liability, because under the law, the priest
threat in compelling another to commit a crime. The cannot be compelled to reveal any information
compulsion is by means of intimidation or threat, not which he came to know by reason of the confession
force or violence. made to him in his professional capacity. (Reyes,
Book I)
ELEMENTS:
1. The threat which causes the fear is of an When prevented by insuperable cause
evil greater than, or at least equal to, that Insuperable cause is some motive, which has
which he is required to commit; and lawfully, morally or physically prevented a person to
2. It promises an evil of such gravity and do what the law commands.
imminence that an ordinary man would
have succumbed to it. The municipal president detained the offended party
for 3 days because to take him to the nearest justice
REQUISITES: of the peace required a journey for 3 days by boat
1. Existence of an uncontrollable fear; as there was no other means of transportation. The
2. The fear must be real and imminent; and distance which required a journey for 3 days was
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considered an insuperable cause. The accused was 1. INCOMPLETE JUSTIFYING OR

exempt from criminal liability. (U.S. vs. Vicentillo, EXEMPTING CIRCUMSTANCES
G.R. No. L-6082) (PAR. 1)
A mother who at the time of childbirth was overcome This mitigating circumstance applies when not all
by severe dizziness and extreme debility, and left the requisites are present. If majority of the
the child in a thicket where said child died, is not requisites are present, it is a privileged mitigating
liable for infanticide, because it was physically circumstance.
impossible for her to take home the child. (People
vs. Bandian, G.R. No. 45186). The severe dizziness Circumstances of justification or exemption
and extreme debility of the woman constitute an which may give place to mitigation:
insuperable cause. 1. Self-defense;
2. Defense of Relatives;
3. Defense of Strangers;
c. Mitigating Circumstances 4. State of Necessity;
5. Performance of Duty;
MITIGATING CIRCUMSTANCES 6. Obedience to Order of Superior;
Those which, if present in the commission of the 7. Minority: 15 and over until 18 years of age;
crime, do not entirely free the actor from criminal 8. Causing injury by mere Accident; and
liability, but serve only to REDUCE the penalty. 9. Uncontrollable Fear.
A mitigating circumstance arising from a single fact Art. 12, pars. 1 and 2 cannot give place to mitigation,
absorbs all the other mitigating circumstances because the mental condition of a person is
arising from that same fact. indivisible; there is no middle ground between sanity
and insanity, between presence and absence of
Ordinary vs. Privileged Mitigating intelligence. (Decs. of Sup. Ct. of Spain of Dec. 19,
Circumstances 1901 and Oct. 3, 1884)
ORDINARY PRIVILEGED
Those enumerated in Par. 1 of Art. 13; Incomplete Justifying Circumstances
pars. 1-10 of Art. 13 Art. 64, 68, 69 INCOMPLETE
ELEMENTS THAT
JUSTIFYING
Pars. 1 and 2 are Art. 64 applies only MUST BE PRESENT
CIRCUMSTANCES
privileged mitigating when there are 2 or Incomplete self- Unlawful aggression
under Art. 68 as more ordinary defense, defense of must be present.
amended by R.A. No. mitigating relatives, and defense When 2 of the
9344 and Art. 69 circumstances w/o any of stranger requisites mentioned
generic aggravating are present, it should
circumstances be considered as a
Susceptible of being Cannot be offset by privileged mitigating
offset by any aggravating circumstance referred
aggravating circumstances to in Art. 69.
circumstance
Incomplete justifying If any of the last 2
If not offset by an Produces the effect of
circumstance of requisites is absent,
aggravating imposing upon the
avoidance of greater there is only a
circumstance, offender the penalty
evil or injury mitigating
produces only the lower by one or two
circumstance.
effect of applying the degrees than that
Incomplete justifying There is no ordinary
penalty provided by law provided by law for the
circumstance of mitigating
for the crime in its crime
performance of duty circumstance under
minimum period, in
Art. 13, par. 1, when
case of divisible
the justifying or
penalty
exempting
circumstance has 2
requisites only.
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Incomplete exempting If the requisites of (1) employed to execute the criminal act and its
circumstances of due care, and (2) consequences. (U.S. v. Reyes, 36 Phil. 904, 907)
accident without fault are
absent, the case will Factors that can be considered:
fall under Article 365. 1. Weapon used;
2. Injury inflicted;
2. OVER 15 AND UNDER 18, IF THERE 3. Part of the body injured; and
IS DISCERNMENT OR OVER 70 4. Mindset of offender at the time of commission
of crime.
YEARS OLD (PAR. 2)
Intent, being in an internal state, must be judged
NOTE: The original provision which provides that an
by external acts
offender under 18 is entitled to a mitigating
Thus, it may be deduced from the proven facts that
circumstance of minority is deemed repealed by
the accused had no intent to kill the victim, his
R.A. No. 9344.
design being only to maltreat him, such that when
he realized the fearful consequences of his
What is controlling, with respect to the exemption
felonious act, he allowed the victim to secure
from criminal liability of the accused, is not his age
medical treatment at the municipal dispensary.
at the time of the promulgation of judgment but his
(People v. Ural, No. L-30801)
age at the time of the commission of the offense.
(Caneda v. People, G.R. No. 182941)
Inapplicable when the offender employed brute
force
Legal effects of various ages of the offender The brute force employed by the appellant,
AGE LEGAL EFFECT completely contradicts the claim that he had no
15 and below Exempted from penal intention to kill the victim." (People v. Yu, No. L-
responsibility 13780)
Without discernment:
Exempting circumstance Not appreciated if crime is qualified by treachery
Above 15 Lack of intention to commit so grave a wrong is not
With discernment: appreciated where the offense committed is
but under 18
Penalty is reduced by one (1) characterized by treachery. (People v. Pajenado,
degree lower than that No. L-26458)
imposed
Minor delinquent Sentence suspended Not applicable to felonies by negligence
under 18 years of In the case of infidelity in the custody of prisoners
age who acted through negligence (Art. 224), this circumstance
WITH was not considered. (People v. Medina, C.A., 40
discernment O.G. 4196)
Over 18 years Full criminal responsibility
and below 70 Not applicable to felonies where intention is
Mitigating, no imposition of immaterial
death of death penalty, if In unintentional abortion, where the abortion that
70 years or over already imposed, execution resulted is not intended by the offender, the
of death penalty is mitigating circumstance that the offender had no
suspended and commuted. intention to commit so grave a wrong as that
committed is not applicable. (People v. Cristobal,
Mitigating circumstance of old age can only be C.A., G.R. No. 8739)
appreciated if the accused is over 70 years old at
the time of the commission of the crime under R.A. Lack of intent to kill not mitigating in physical
No. 8019 and not at the time of promulgation of injuries.
judgment. (People v. Reyes, G.R. Nos. 177105-06) In crimes against persons who do not die as a result
of the assault, the absence of the intent to kill
3. NO INTENTION TO COMMIT SO reduces the felony to mere physical injuries, but it
GRAVE WRONG (PAR. 3) does not constitute a mitigating circumstance under
Art. 13, par. 3. (People v. Galacgac, C.A., 54
This circumstance can be taken into account only O.G.1207)
when the facts proven show that there is a notable
and evident disproportion between the means
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Applicable only to offenses resulting in physical translating his vague threats into immediate action,
injuries or material harm is not sufficient. But where the victims shouted at the
Thus, the mitigating circumstance that the offender accused, "Follow us if you dare and we will kill you,"
did not intend to commit so grave a wrong as that there is sufficient threat. (Reyes, Book I)
committed was not appreciated in cases of
defamation or slander. (People v. Galang de 5. VINDICATION OF GRAVE OFFENSE
Bautista, C.A., 40 O.G. 4473) (PAR. 5)
4. PROVOCATION OR THREAT (PAR. REQUISITES:
4) 1. A grave offense done to the one committing
the felony, his spouse, ascendants,
PROVOCATION descendants, legitimate, natural or adopted
Any unjust or improper conduct or act of the brothers or sisters or relatives by affinity
offended party, capable of exciting, inciting or within the same degree; and
irritating anyone. 2. Felony is committed in immediate
vindication of such grave offense.
REQUISITES:
1. Provocation must be sufficient; “Immediate”
a. Sufficient means adequate to excite a Means “proximate”, unlike in sufficient provocation,
person to commit the wrong and must and allows an interval of time between the
accordingly be proportionate to its gravity; commission of the offense and its vindication as
b. Depends on: long as the offender is still suffering from the mental
i. The act constituting the agony brought about by the “offense” to him.
provocation; (People v. Parana, G.R. No. 45373)
ii. Social standing of the person
provoked; and Grave Offense
iii. Place and the time when the “Offense” need not be a crime. It may be any act or
provocation is made; event which offends the accused causing mental
agony to him and moves him to vindicate himself of
2. It must originate from the offended party; and such offense. (Boado, Compact Reviewer in
Where the alleged provocation did not come from Criminal Law)
the deceased but from the latter's mother, the
same may not be appreciated in favor of the Vindication incompatible with passion or
accused. (People vs. Reyes, G.R. No. L-33154) obfuscation
Vindication of a grave offense and passion or
3. It must be immediate to the commission of obfuscation cannot be counted separately and
the crime by the person who is provoked. independently. (People vs. Dagatan, 106 Phil. 88,
The threat should not be offensive and positively 98)
strong. Otherwise, it would be an unlawful
aggression, which may give rise to self-defense Provocation must be sufficient
and thus no longer a mitigating circumstance. The provocation must be sufficient, which means
(U.S. v. Guysayco, 13 Phil. 292) that it should be proportionate to the act of
aggression and adequate to stir the aggressor to its
As a requisite of Incomplete Self-Defense vs. As commission. (People vs. Alconga, 78 Phil. 366)
a Mitigating Circumstance
SUFFICIENT Courts must consider the following to determine
SUFFICIENT
PROVOCATION AS A the gravity of the offense in vindication:
PROVOCATION AS A
REQUISITE OF a. Social standing of the person;
MITIGATING
INCOMPLETE SELF- b. Place; and
CIRCUMSTANCES
DEFENSE c. Time when the insult was made.
It pertains to its It pertains to its
absence on the part of presence on the part of Provocation vs. Vindication
the person defending the offended party. PROVOCATION VINDICATION
himself. Made directly only to Grave offense may be
the person committed also against
Vague threats not sufficient committing the felony; the offender’s relatives
The victim's mere utterance, "If you do not agree, mentioned by the law;
beware," without further proof that he was bent upon
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The cause that Offended party must a lawful act. (Reyes, Book I citing U.S. vs. Taylor, 6
brought about the have done a grave Phil. 162)
provocation need not offense;
be a grave offense; Act must be sufficient to produce such a
It is necessary that Vindication of the grave condition of mind
the provocation or offense may be If the cause of the loss of self-control was trivial and
threat immediately proximate, which admits slight, as when the victim failed to work on the
preceded the act; of an interval of time hacienda of which the accused was the overseer, or
there is no interval of between the grave where the accused saw the injured party picking
time between the offense done by the fruits from the tree claimed by the former, the
provocation and the offended party and the obfuscation is not mitigating. (Reyes, Book I citing
commission of the commission of the crime U.S. vs. Diaz, 15 Phil. 123)
crime; and by the accused; and
It is mere spite Concerns the honor of a No passion or obfuscation after 24 hours, or
against the one giving person, an offense which several hours or half an hour
the provocation or is more worthy of The act producing the obfuscation must not be far
threat. consideration than mere removed from the commission of the crime by a
spite against the one considerable length of time, during which the
giving the provocation. accused might have recovered his normal
equanimity.
6. PASSION OR OBFUSCATION (PAR. The defense must prove that the act which produced
the passion or obfuscation took place at a time not
6)
far removed from the commission of the crime.
(Reyes, Book I)
REQUISITES:
1. The accused acted upon an impulse; and
Crime committed must be the result of a sudden
2. The impulse must be so powerful that it
impulse of natural and uncontrollable fury
naturally produced passion or obfuscation
Obfuscation cannot be mitigating in a crime which
in him.
was planned and calmly meditated or if the impulse
upon which the accused acted was deliberately
Passion or obfuscation may constitute a
fomented by him for a considerable period of time.
mitigating circumstance only when the same
(People vs. Daos, G.R. No. L-40331)
arose from lawful sentiments.
Cause producing passion or obfuscation must
WHEN come from the offended party
NOT MITIGATING
MITIGATING Where passion or obfuscation of the accused is not
Act is committed in a spirit caused by the offended party but by the latter's
Accused acted of lawlessness; and relatives who mauled the wife of the accused, the
upon impulse. Act is committed in a spirit same may not be considered as a mitigating
of revenge. circumstance in his favor. (People vs. Lao, C.A., 64
O.G. 7873)
3. There be an act, both unlawful and sufficient
to produce such a condition of mind; and May lawfully arise from causes existing only in
4. Said act which produced the obfuscation the honest belief of the offender
was not far removed from the commission Thus, the belief of the defendant that the deceased
of the crime by a considerable length of had caused his dismissal from his employment is
time, during which the perpetrator might sufficient to confuse his reason and impel him to
recover his normal equanimity. commit the crime. (U.S. vs. Ferrer, 1 Phil. 56, 62)
Exercise of a right or fulfillment of duty is not a Does not arise if the act is actuated by a spirit
proper source of passion or obfuscation of lawlessness, jealousy, and revenge
Where the accused was making a disturbance on a Passion or obfuscation must originate from lawful
public street and a policeman came to arrest him, sentiments, not from the fact that, for example, the
the anger and indignation of the accused resulting girl's sweetheart killed the girl's father and brother
from the arrest cannot be considered passion or because the girl's parents objected to their getting
obfuscation, because the policeman was performing married and the girl consequently broke off their
relationship. Such an act is actuated more by a spirit
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of lawlessness and revenge rather than any sudden b. Voluntary confession of guilt before the court
and legitimate impulse of natural and uncontrollable prior to the presentation of evidence for the
fury. (People vs. Gravino, G.R. Nos. L-31327-29) prosecution.
Passion or obfuscation must arise from lawful When both are present, they should have the effect
sentiments and not from a spirit of lawlessness or of mitigating as two independent circumstances.
revenge or from anger and resentment. (People vs. (People v. Fontabla G. R. No. L-43126)
Bates, G.R. No. 139907)
VOLUNTARY SURRENDER
Incompatible with:
a. Vindication of grave offense REQUISITES:
b. Treachery 1. The offender had not been actually arrested;
c. Evident Premeditation (Reyes, Book I) 2. The offender surrenders himself to a person
in authority or to the latter’s agent;
Passion/Obfuscation vs. Provocation a. PERSON IN AUTHORITY is one directly
PASSION or vested with jurisdiction, i.e., a public officer
PROVOCATION who has the power to govern and execute
OBFUSCATION
Comes from the offender Comes from the the laws whether as an individual or as a
and produced by an injured party member of some court or governmental
impulse which may be corporation, board or commission;
caused by provocation b. AGENT OF A PERSON IN AUTHORITY is
The offense which Must immediately a person, who, by direct provision of the
engenders perturbation precede the law, or by election or by appointment by
of mind need not be commission of the competent authority, is charged with the
immediate; it is only crime maintenance of public order and the
required that the protection and security of life and property
influence thereof lasts and any person who comes to the aid of
until the moment the persons in authority; and
crime is committed 3. The surrender was voluntary.
In both, the effect is loss of reason and self- It must be spontaneous in such a manner that it
control on the part of the offender shows the interest of the accused to surrender
If obfuscation and provocation arose from one unconditionally to the authorities, either
and the same act, both shall be treated as only because he acknowledges his guilt or because
one mitigating circumstance he wishes to save them the trouble and
expenses necessarily incurred in his search and
capture.
Passion/Obfuscation vs. Irresistible Force
PASSION or IRRESISTIBLE
Not mitigating if defendant was in fact arrested
OBFUSCATION FORCE
Where a person, after committing the offense and
A mitigating An exempting
having opportunity to escape, voluntarily waited for
circumstance circumstance
the agents of the authorities and voluntarily gave
No physical force, Requires physical force himself up, he is entitled to the benefit of this
hence, cannot give rise a lot circumstance, even if he was placed under arrest by
to an irresistible force a policeman then and there. (People vs. Parana,
Passion or obfuscation Irresistible force must G.R. No. 45373)
is in the offender come from a third
himself person When warrant of arrest had not been served or
Must arise from lawful Unlawful not returned unserved because the accused
sentiments cannot be located, the surrender is mitigating
While it is true that the warrant for the arrest of the
7. SURRENDER AND CONFESSION OF accused was dated Mar. 7,1967, and the police
GUILT (PAR.7) authorities were able to take custody of the accused
only on Mar. 31,1967, there is nothing in the record
2 Mitigating Circumstances: to show that the warrant had actually been served
a. Voluntary surrender to a person in authority or on him, or that it had been returned unserved for
his agents; and failure of the server to locate said accused. Upon the
other hand, there is direct evidence that the accused
voluntarily presented himself to the police. The fact
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that it was effected sometime after the warrant of Intention to surrender, without actually
arrest had been issued does not detract from the surrendering, is not mitigating
voluntary character of the surrender in the absence The mitigating circumstance of voluntary surrender
of proof to the contrary. (People vs. Brana, G.R No. cannot be appreciated in favor of the accused who
L-29210) claims to have intended to surrender but did not,
despite several opportunities to do so, and was in
Law does not require that the surrender be prior fact arrested. (People vs. Dimdiman, G.R. No. L-
to the order of arrest 12622)
When after the commission of the crime and the
issuance of the warrant of arrest, the accused There is spontaneity even if the surrender is induced
presented himself in the municipal building to post by fear of retaliation by the victim’s relatives.
the bond for his temporary release, voluntary (People vs. Clemente, G.R. No. L-23463)
surrender is mitigating. The fact that the order of
arrest had already been issued is no bar to the When the offender imposed a condition or acted
consideration of the circumstance because the law with external stimulus, surrender is not
does not require that the surrender be prior to the voluntary
order of arrest. (Rivera vs. CA, G.R. No. 125867) A surrender is not voluntary when forced by
circumstances, as when the culprits considered it
Surrender of weapons cannot be equated with impossible to live in hostility and resistance to the
voluntary surrender constituted authorities and their agents in view of the
Where the accused merely surrendered the gun fact that the said authorities had neither given them
used in the killing, without surrendering his own rest nor left them in peace for a moment. (People vs.
person to the authorities, such act of the accused Sakam, G.R No. 41566)
does not constitute voluntary surrender. (People vs.
Palo, G.R Nos. L-9593-94) VOLUNTARY PLEA OF GUILT
REQUISITES:
Voluntary surrender does not simply mean non- 1. The offender spontaneously confessed his
flight guilt;
As a matter of law, it does not matter if the accused 2. The confession of guilt was made in open
never avoided arrest and never hid or fled. What the court, that is, before the competent court
law considers as mitigating is the voluntary that is to try the case; and
surrender of an accused before his arrest, showing 3. The confession of guilt was made prior to
either acknowledgment of his guilt or an intention to the presentation of evidence for the
save the authorities from the trouble and expense prosecution.
that his search and capture would require. (Reyes,
Book I) Plea must be made before trial begins, not
during a trial de novo or when on appeal
The fact that the accused did not escape or go into A plea of guilty made after arraignment and after trial
hiding after the commission of the murder and in fact had begun does not entitle the accused to have
he accompanied the chief of police to the scene of such plea considered as a mitigating circumstance.
the crime without however surrendering to him and (People vs. Lungbos, G.R. No. L-57293)
admitting complicity in the killing did not amount to
voluntary surrender to the authorities and this It cannot be properly stated that the appeal taken by
circumstance would not be extenuating in that case. the accused from the Municipal Court to the Court
(People vs. Rubinal, G.R. No. L-12275) of First Instance again restored the case to its
original state for the reason that the law requires a
Surrender must be by reason of the commission trial de novo, because a trial de novo necessarily
of the crime for which defendant is prosecuted implies the existence of a previous trial where
Defendant cannot claim the circumstance of evidence was presented by the prosecution.
voluntary surrender because he did not surrender to (Reyes, Book I)
the authority or its agents by reason of the
commission of the crime for which he was Withdrawal of plea of not guilty and pleading
prosecuted, but for being a Huk who wanted to guilty before presentation of evidence by
come within the pale of the law. (People vs. prosecution is still mitigating
Semaiiada, G.R. No. L-11361) All that the law requires is voluntary plea of guilty
prior to the presentation of the evidence by the
prosecution. Thus, even if during the arraignment,
the accused pleaded not guilty, he is entitled to this
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mitigating circumstance as long as he withdraws his special laws is usually not divisible into 3 periods.
plea of not guilty and thereafter pleads guilty to the Art. 64 is applicable only when the penalty has 3
charge before the fiscal could present his evidence. periods. (Reyes, Book I)
(Reyes, Book I)
8. PHYSICAL DEFECT OF OFFENDER
The change of plea should be made at the first (PAR. 8)
opportunity. (Reyes, Book I)
REQUISITES:
Conditional plea of guilty is not a mitigating 1. That the illness of the offender must diminish
circumstance. the exercise of his will-power.
An accused may not enter a conditional plea of 2. That such illness should not deprive the
guilty in the sense that he admits his guilt provided offender of consciousness of his acts.
that a certain penalty be imposed upon him. The
appellant in this case must be considered as having Physical defect must relate to the offense
entered a plea of not guilty. (People vs. Moro committed.
Sabilul, G.R No. L-3765)
Physical defect must restrict means of action,
Plea to a lesser charge is not a mitigating defense, or communication with fellow beings
circumstance Physical defect referred to in this paragraph is such
This is because to be voluntary, the plea of guilty as being armless, cripple, or a stutterer, whereby his
must be to the offense charged. (People vs. Noble, means to act, defend himself or communicate with
G.R No. L-288) his fellow beings are limited. (Albert)
Please of guilty to amend the information This paragraph does not distinguish between
in view of the willingness of the accused to plead educated and uneducated deaf-mute or blind
guilty for a lesser offense, the prosecution, with persons. The Code considers them as being on
leave of court, amended said information to make it equal footing. (Reyes, Book I)
one for homicide and frustrated homicide, and the
accused pleaded guilty thereto. That was an entirely 9. ILLNESS OF THE OFFENDER (PAR.
new information and no evidence was presented in 9)
connection with the charges made therein before
the accused entered his plea of guilty. The accused REQUISITES:
is entitled to the mitigating circumstance of plea of
1. The illness of the offender must diminish the
guilty. (People vs. Ortiz, G.R. No. L-19585) exercise of his will-power; and
2. Such illness should not deprive the offender of
Where the accused pleads guilty to a capital consciousness of his acts.
offense
The Revised Rules of Criminal Procedure (Rule Examples:
116, Sec. 3) provides that where the accused pleads a. Mild behavior disorder (illness of nerves or
guilty to a capital offense, that court shall conduct a moral faculty);
searching inquiry into the voluntariness and full b. Acute neurosis making a person ill- tempered
comprehension of the consequences of his plea and and easily angered;
shall require the prosecution to prove his guilt and c. Feeblemindedness (may be considered under
the precise degree of culpability. (Reyes, Book I) par. 8);
d. One with obsession that witches are to be
Plea of guilty is not mitigating in culpable eliminated akin to one with morbid infirmity but
felonies and in crimes punishable by special still retaining unconsciousness; and
laws e. Schizo-affective disorder or psychosis.
Art. 365, par. 5, RPC, which prescribes the penalties
for culpable felonies, provides that "in the imposition
10. SIMILAR OR ANALOGOUS
of these penalties, the courts shall exercise their
sound discretion, without regard to the rules CIRCUMSTANCES (PAR. 10)
prescribed in Art. 64." (People v. Agito, G.R. No. L-
12120) Examples:
a. Outraged feeling of owner of animal taken for
When the crime is punished by a special law, the ransom analogous to vindication of a grave
court shall also exercise its sound discretion, as Art. offense;
64 is not applicable. The penalty prescribed by
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b. Impulse of jealous feeling, similar to passion 2. Specific: Apply only to particular crimes
and obfuscation; a. Disregard of rank, age, or sex due the
c. Manifestations of Battered Wife Syndrome, offended party in crimes against persons
analogous to an illness that diminishes the and honor;
exercise of will power; b. Advantage of superior strength or means
d. Esprit de corps, similar to passion and be employed to weaken the defense;
obfuscation; c. Treachery in crimes against persons;
e. Voluntary restitution of stolen property, similar d. Ignominy in crimes against chastity;
to voluntary surrender; e. Cruelty in crimes against persons; and
f. Extreme poverty and necessity, similar to f. Use of unlicensed firearm in the murder or
incomplete justification based on state of homicide committed: this is absorbed in
necessity; and rebellion, insurrection, sedition, and
g. Testifying for the prosecution, analogous to attempted coup d’état; (R.A. No. 8294)
plea of guilty.
3. Qualifying: Change the nature of the crime
NOTE: Mitigating circumstances which arise (1) a. Alevosia (treachery) or evident
from the moral attributes of the offender, or (2) from premeditation qualifies the killing of a
his private relations with the offended party, or (3) person to murder; and
from any other personal cause, shall only serve to b. Art. 248, RPC enumerates the qualifying
mitigate the liability of the principals, accomplices, aggravating circumstances which qualify
and accessories as to whom such circumstances the killing of a person to murder;
are attendant. (Art. 62, par. 3, RPC)
4. Inherent: Must of necessity accompany the
CIRCUMSTANCES WHICH ARE NEITHER commission of the crime
EXEMPTING NOR MITIGATING: a. Evident premeditation in robbery, theft,
1. Mistake in the blow or aberratio ictus; estafa, adultery and concubinage;
2. Mistake in the identity; b. Abuse of public office in bribery;
3. Entrapment; c. Breaking of a wall or unlawful entry into a
4. Accused is over 18 years of age; and house in robbery with the use of force upon
5. Performance of righteous action. things;
d. Fraud in estafa; and
d. Aggravating Circumstances e. Deceit in simple seduction.
AGGRAVATING CIRCUMSTANCES 5. Special: Those which arise under special

Those which, if attendant in the commission of the conditions to increase the penalty of the offense
crime, serve to increase the penalty imposed in its and cannot be offset by mitigating
maximum period provided by law for the offense. circumstances
a. Quasi-recidivism;
KINDS OF AGGRAVATING CIRCUMSTANCES: b. Complex crimes;
1. Generic: Generally apply to all crimes c. Taking advantage of public position and
a. Advantage taken of public position; membership in an organized/syndicated
b. Contempt or insult of public authority; crime group; and
c. Crime committed in the dwelling of the d. Use of unlicensed firearm in homicide or
offended party; murder.
d. Abuse of confidence or obvious
ungratefulness; Note: Error in personae is not a special aggravating
e. Where crime is committed in palace of nor a mitigating circumstance (Reyes, Book I);
Chief Executive, in his presence, or where
public authorities are engaged, or in a place DIFFERENTIATING DIFFERENT KINDS OF
for religious worship; AGGRAVATING CIRCUMSTANCES
f. Nighttime, uninhabited place, or band; KINDS OF AGGRAVATING
g. Recidivism; CIRCUMSTANCES
h. Reiteracion or Habituality; Those that can generally apply to
i. Craft, fraud or disguise; crimes.
j. Unlawful entry; GENERIC
k. Breaking of wall, roof, floor, door or window; Includes pars. 1, 2, 3 (dwelling),
and 4, 5, 6, 9, 10, 14, 18, 19, and 20
l. Use of persons under 15 years of age;
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(except by means of motor a. In the material execution of the act; or

vehicles). b. In the means employed to accomplish it. (Art.
Those that apply only to 62, par. 4)
particular crimes (i.e. ignominy in
crimes against chastity or cruelty Aggravating circumstances, regardless of its kind,
and treachery in crimes against should be specifically alleged in the information
SPECIFIC AND proved as fully as the crime itself in order to
persons).
increase the penalty (Sec. 9, Rule 110, 2000 Rules
Includes pars. 3 (except of Criminal Procedure)
dwelling), 15, 16, 17, and 21.
Those that change the nature of When there is more than one qualifying aggravating
the crime (i.e. alevosia or evident circumstance present, one of them will be
premeditation qualifies the killing appreciated as qualifying aggravating while the
of a person to murder); others will be considered as generic aggravating.
QUALIFYING
Art. 248 enumerates the 1. ADVANTAGE BE TAKEN BY THE
qualifying aggravating OFFENDER OF HIS PUBLIC
circumstances which qualify the POSITION (PAR. 1)
killing of a person to murder.
Those that must of necessity Applicable only when offender is a public officer
accompany the commission of who takes advantage of his public position
the crime (Art. 62, par. 2). The public officer must use the influence, prestige or
INHERENT ascendancy which his office gives him as the means
Evident premeditation is inherent by which he realizes his purpose. (U.S. vs.
in robbery, theft, estafa, adultery Rodriguez, 19 Phil. 150, 156-157)
and concubinage.
Not aggravating if the accused could have
RULES ON AGGRAVATING CIRCUMSTANCES perpetrated the crime without occupying public
Aggravating circumstances shall NOT be position
appreciated if: The mere fact that accused-appellant is a policeman
a. They constitute a crime specially punishable by and used his government issued .38 caliber revolver
law, or to kill is not sufficient to establish that he misused
b. It is included by the law in defining a crime and his public position in the commission of the crime.
prescribing the penalty therefor. (Art. 62, par. 1) (People v. Villamor, G.R. Nos. 140407-08)
E.g. “That the crime be committed by means of Not aggravating when it is an integral element
…fire, explosion” (Art. 14, par. 12) is in itself a of, or inherent in, the offense
crime of arson (Art. 321) or a crime involving This circumstance, taking advantage of public
destruction (Art. 324). position, cannot be taken into consideration in
offenses where taking advantage of official-position
c. If any aggravating circumstance is inherent in is made by law an integral element of the crime,
the crime to such a degree that it must of such as in malversation under Art. 217, or in
necessity accompany the commission thereof. falsification of documents committed by public
(Art. 62, par. 2) officers under Art. 171. (People vs. Tevez, GR No.
19603)
Aggravating circumstances which arise from the
following shall only aggravate the liability of the Taking advantage of public position is inherent in
principals, accomplices and accessories, to whom the case of accessories under Art. 19, par. 3, and
such circumstances are attendant: in crimes committed by public officers. (Arts. 204 to
a. From the moral attributes of the offender; 245, RPC)
b. From his private relations with the offended
party; or Crimes committed by a public officer will be given
c. From any personal cause. (Art. 62, par. 3) the penalty prescribed at its maximum, regardless of
the nature and number of mitigating circumstances.
Aggravating circumstances which consist in the (R.A. No. 7659, Sec. 23)
following shall only aggravate the liability of those
who had knowledge of them at the time of the
execution of the act or their cooperation therein:
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2. THE CRIME BE COMMITTED IN b. In the dwelling of the offended

CONTEMPT OF OR WITH INSULT TO party, if the latter has not given
THE PUBLIC AUTHORITIES (PAR. 2) provocation. (PAR. 3)
REQUISITES: When all four aggravating circumstances are

1. The public authority is engaged in the present
exercise of his functions; If all the four circumstances are present, they have
2. Such public authority is not the person the weight of one aggravating circumstance only.
against whom the crime is committed; (Reyes, Book I)
3. The offender knows him to be a public
authority; and Applicable only to Crimes against Persons or
4. His presence has not prevented the Honor
offender from committing the criminal act. Disregard of rank, age, or sex may be taken into
account only in crimes against persons or honor.
A PUBLIC AUTHORITY, sometimes called a (Reyes, Book I)
person in authority, is a public officer who is
directly vested with jurisdiction and has the power to Meaning of “with insult” or “in disregard”
govern and execute the laws. There must be evidence that in the commission of
the crime, the accused deliberately intended to
An AGENT OF A PERSON IN AUTHORITY is any offend or insult the sex or age of the offended party.
person who, by direct provision of law or by election (People vs. Mangsant y Esmiña, G.R. No. L-45704)
or by appointment by competent authority, is
charged with the maintenance of public order and RANK
the protection and security of life and property. "Rank" refers to the designation or title of
distinction conferred upon an officer in order to fix
Teachers or professors of a public or recognized his relative position in reference to other officers in
private school and lawyers are not “public authority” matters of privileges, precedence, and sometimes
within the contemplation of this paragraph. of command or by which to determine his pay and
(Campanilla, Criminal Law Reviewer Volume I) emoluments as in the case of army staff officers; or
to a grade or official standing, relative position in
Does not apply when the crime is committed in civil or social life, or in any scale of comparison,
the presence of an agent only status, grade, including its grade, status or scale of
Par. 2 of Art. 14 was not applied in a case where the comparison within a position. (People vs. Rodil,
crime was committed in the presence of the chief of G.R. No. L-35156)
police of a town, because he is not a public authority,
but an agent of the authorities. (People vs. Verzo, There must be a difference in the social
G.R. No. L-22517) condition of the offender and the offended party
Rank was aggravating in the following cases: the
If crime is committed against a public authority killing of a staff sergeant by his corporal; the killing
while he is in the performance of his official duty of the Assistant Chief of Personnel Transaction of
The offender commits direct assault without this the Civil Service Commission by a clerk therein; the
aggravating circumstance because it is not a crime murder by a pupil of his teacher; the murder of a
committed "in contempt of or with insult" to him, but municipal mayor; the murder of a city chief of police
a crime directly committed against him. (Reyes, by the chief of the secret service division; assault
Book I) upon a 66-year-old CF judge by a justice of the
peace (now municipal judge); the killing of a consul
Knowledge that a public authority is present is by a mere chancellor; and the killing of an army
essential general. (Id)
Lack of knowledge on the part of the offender that a
public authority is present indicates lack of intention Intent to insult required
to insult the public authority. (Reyes, Book I) Disregard of the rank of the barangay captain shall
not be appreciated as an aggravating circumstance
3. THE ACT BE COMMITTED: in the absence of proof of the specific fact or
a. With insult or in disregard of the circumstance that the accused disregarded the
respect due the offended party on respect due to the offended party. It must be shown
the account of his rank, age, or that the accused deliberately intended to insult the
sex, or rank of victim as barangay captain. (People v. Talay,
G.R. No. L-24952)
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AGE Applies even if offender did not enter the

To appreciate the aggravating circumstance of dwelling
disregard of age, the accused must deliberately It is not necessary that the accused should have
intend to offend or insult the age of the offended actually entered the dwelling of the victim to commit
party. (People v. Onabia, G.R. No. 128288) the offense; it is enough that the victim was attacked
inside his own house, although the assailant might
The circumstance of lack of respect due to age have devised means to perpetrate the assault from
applies in cases where the victim is of tender age as the outside. (People v. Perreras, G.R. No. 139622)
well as of old age. (Reyes, Book I)
Even if the killing took place outside the dwelling, it
Intent to insult required is aggravating provided that the commission of the
The circumstance of old age cannot be considered crime was begun in the dwelling. (Reyes, Book I)
aggravating in the absence of evidence that the
accused deliberately intended to offend or insult the Dwelling is not included in the qualifying
age of the victim. (People vs. Diaz, G.R. No. L- circumstance of treachery. (People vs. Ruzol, 100
24002) Phil. 537, 544)
SEX Offended party must not give provocation

This refers to the female sex, not to the male sex. A condition sine qua non of this circumstance, is that
(Reyes, Book I) the offended party "has not given provocation" to the
offender. When it is the offended party who has
Intent to insult required provoked the incident, he loses his right to the
Disregard of sex is not aggravating in the absence respect and consideration due him in his own house.
of evidence that the accused deliberately intended (People vs. Ambis, G.R. No. 46298)
to offend or insult the sex of the victim or showed Meaning of provocation in the aggravating
manifest disrespect to her womanhood. (People vs. circumstance:
Puno, G.R. No. L-33211) 1. Given by the owner of the dwelling;
2. Sufficient; and
Not applicable in certain cases 3. Immediate to the commission of the crime.
1. When the offender acted with passion and If all these conditions are present, the fact that the
obfuscation (People vs. Ibanez, C.A.-G.R. No. crime is committed in the dwelling of the offended
1137-R) party is NOT an aggravating circumstance. (Reyes,
2. When there exists a relationship between the Book I)
offended party and the offender (People vs.
Valencia, C.A., 43 O.G. 3740) Close relation between provocation and
3. When the condition of being a woman is commission of crime in the dwelling
indispensable in the commission of the crime. Although the Code provides that the aggravating
Thus, in (a) parricide, (b) rape, (c) abduction, or circumstance of dwelling cannot be properly taken
(d) seduction, sex is not aggravating. into account if the provocation was given by the
offended party, this is true only when there exists a
DWELLING close relation between the provocation and the
Dwelling must be a building or structure exclusively commission of the crime in the dwelling of the
used for rest and comfort; a combination of house person from whom the provocation came. (People
and store is not included. Includes dependencies, v. Dequiña G.R. No. 41040)
the foot of the staircase and enclosure under the
house. Dwelling is not aggravating in the following
cases:
Crime must be wholly or partly committed 1. When both the offender and the offended party
therein or in any integral part thereof are occupants of the same house.
If the deceased was only about to step on the first
rung of the ladder when he was assaulted, the Exception: In case of adultery in the conjugal
aggravating circumstance of dwelling will not be dwelling, the same is aggravating. However, if
applicable. (People vs. Sespene, G.R. No. L-9346) the paramour also dwells in the conjugal
dwelling, the applicable aggravating
Dwelling does not mean the permanent circumstance is abuse of confidence.
residence or domicile
The Code speaks of "dwelling," not domicile.
(People vs. Basa, 83 Phil. 622, 624)
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2. When robbery is committed by the use of force and to bring with him the money the latter owed the
upon things, dwelling is not aggravating former. (People vs. Ong, G.R. No. L-34497)
because it is inherent.
Confidence between offender and offended
Exception: Dwelling is aggravating in robbery party must be immediate and personal
with violence against or intimidation of persons The mere fact that the voters had reposed
because this class of robbery can be committed confidence in the defendant by electing him to a
without the necessity of trespassing of the public office does not mean that he abused their
offended party’s house. confidence when he committed estafa against them.
(U.S. v. Torrida, 23 Phil. 189, 192)
3. In the crime of trespass to dwelling, it is inherent
or included by law in defining the crime. Abuse of confidence is inherent in some
4. When the owner of the dwelling gave sufficient felonies
and immediate provocation. It is inherent in malversation, qualified theft, estafa
5. The victim is not a dweller of the house. by conversion or misappropriation, and qualified
seduction. (Reyes, Book I)
4. THE ACT BE COMMITTED WITH
ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS
OBVIOUS UNGRATEFULNESS REQUISITES:
1. That the offended party had trusted the
(PAR. 4) offender;
2. That the offender abused such trust by
2 Aggravating Circumstances under par. 4
committing a crime against the offended
1. Abuse of Confidence party; and
2. Obvious Ungratefulness
3. That the act be committed with obvious
They must be independently appreciated if present ungratefulness.
in the same case.
Examples:
ABUSE OF CONFIDENCE
This circumstance was present in the case of the
REQUISITES:
1. That the offended party had trusted the accused who killed his father-in-law in whose house
he lived and who partially supported him. (People
offender;
2. That the offender abused such trust by vs. Floresca, G.R. Nos. L-8614-15)
committing a crime against the offended
party; and The circumstance was present where the victim was
suddenly attacked while in the act of giving the
3. That the abuse of confidence facilitated the
commission of the crime. assailants their bread and coffee for breakfast.
Instead of being grateful to the victim, at least by
doing him no harm, they took advantage of his
Example:
helplessness when his two arms were used for
A jealous lover, who had already determined to kill
carrying their food, thus preventing him from
his sweetheart, invited her to a ride in the country.
defending himself from the sudden attack. (People
The girl, unsuspecting of his plans, went with him.
vs. Bautista, No. L-38624)
While they were in the car, the jealous lover stabbed
her. It was held that this aggravating circumstance
was present. (People vs. Marasigan, 70 Phil. 583, 5. THE CRIME BE COMMITTED:
594) a. In the palace of the Chief
Executive, or
Special relation of confidence between accused b. In his presence, or
and victim c. Where public authorities are
Abuse of confidence requires a special confidential engaged in the discharge of their
relationship between the offender and the victim, duties, or
while this is not required for there to be obvious d. In a place dedicated to religious
ungratefulness. worship. (PAR. 5)
There is no abuse of confidence where the
Official or religious functions, not necessary
deceased and the accused happened to be together
The place of the commission of the felony (par. 5), if
because the former invited the latter nightclubbing
it is Malacañang palace or a church, is aggravating,
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regardless of whether State or official or religious Public Authorities Engaged in Discharge of

functions are being held. (Reyes, Book I) Duties vs. Contempt/Insult to Public Authorities
WHERE PUBLIC
IN THE PALACE OF THE CHIEF EXECUTIVE OR AUTHORITIES CONTEMPT OR
IN HIS PRESENCE ARE ENGAGED INSULT TO
The Chief Executive need not be in Malacañang IN THE PUBLIC
palace. His presence alone in any place where the DISCHARGE OF AUTHORITIES
crime is committed is enough to constitute the THEIR DUTIES (PAR. 2)
aggravating circumstance. This aggravating (PAR. 5)
circumstance is present even if he is not engaged in Public authorities are in the performance of their
the discharge of his duties in the place where the duties
crime is committed. (Id) PLACE WHERE PUBLIC DUTY IS
PERFORMED
PUBLIC AUTHORITIES In their office Outside of their office
REQUISITES: OFFENDED PARTY
1. Crime occurred in the public office; and
May or may not be the Public authority should
2. Public authorities are actually performing public authority not be the offended
their public duties.
party; the crime is
merely committed in his
Other public authorities must be actually presence
engaged in the performance of duty
As regards the place where the public authorities
are engaged in the discharge of their duties, there
6. THE CRIME BE COMMITTED (NUB):
must be some performance of public functions. (Id) a. In the Nighttime, or
b. In an Uninhabited place, or
PLACES DEDICATED TO RELIGIOUS WORSHIP c. By a Band, whenever such
REQUISITES: circumstances may facilitate the
1. The crime occurred in a place dedicated to commission of the offense. (PAR.
the worship of God regardless of religion; 6)
2. The offender must have decided to commit
the crime when he entered the place of REQUISITES:
worship; 1. When it facilitated the commission of the
3. The place must be exclusively dedicated to crime; or
public religious worship; private chapels 2. When especially sought for by the offender
are not included; and to insure the commission of the crime or for
4. There must be intention to desecrate the the purpose of impunity; or
place dedicated to public religious worship. 3. When the offender took advantage thereof
for the purpose of impunity.
Cemeteries are not considered as places dedicated
to worship. (Id) NIGHTTIME (obscuridad)
That period of darkness beginning at the end of dusk
Offender must have intention to commit a crime and ending at dawn. (Art. 13, NCC)
when he entered the place
The aggravating circumstance that the killing was Commission of the crime must begin and be
done in a place dedicated to religious worship accomplished in the nighttime
cannot be legally considered, where there is no Thus, although the safe was thrown into the bay at
evidence to show that the defendant had murder in night, but the money, the taking of which constituted
her heart when she entered the chapel on the fatal the offense, was withdrawn from the treasury during
night. (People v. Jargiue, 76 Phil. 174, 182) the daytime, the crime of malversation was not
attended by the aggravating circumstance of
This ruling seems to be applicable also in case a nighttime. (U.S. vs. Dowdell, 11 Phil. 4, 7)
crime is committed in Malacañang palace or where
public authorities are engaged in the discharge of When the place of the crime is illuminated by
their duties. light, nighttime is not aggravating
The fact that the scene of the incident was
illuminated by the light on the street negates the
notion that accused had especially sought or had
taken advantage of night time in order to facilitate
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the commission of the crime of theft or for purposes The indispensable components of cuadrilla are (1)
of impunity. (People vs. Joson, C.A., 62 O.G. 4604) at least 4 malefactors, and (2) all of the 4
Nighttime is not especially sought for when the malefactors are armed. (People vs. Apduhan, Jr.,
notion to commit the crime was conceived shortly G.R. No. L-19491)
before commission or when crime was committed at
night upon a casual encounter. (People vs. Must all be principals by direct participation
Cayabyab, G.R No. 123073) The armed persons contemplated must all be
principals by direct participation who acted together
Bare statement that crime was committed at in the execution of the acts constituting the crime; in
night is insufficient this case, conspiracy is presumed. (People v.
The information must allege that nighttime was Lozano, G.R. No.s 1317370-71)
sought for or taken advantage of, or that it facilitated
the crime. (People vs. Fernandez, G.R. No. L- Applicable only to crimes against persons or
32623) honor
“By a band” is aggravating in crimes against
When both Nighttime and Treachery are present property or against persons or in the crime of illegal
a. General Rule: Nighttime is absorbed in detention or treason but does not apply to crimes
treachery. against chastity. (People v Corpus, C.A. 43 O.G.
b. Exception: Where both the treacherous mode 2249)
of attack and nocturnity were deliberately
decided upon in the same case, they can be Inherent in brigandage
considered separately if such circumstances In the crime of brigandage, which is committed by
have different factual bases. more than 3 armed persons forming a band of
robbers (Art. 306), the circumstance that the crime
UNINHABITED PLACE (despoblado) was committed by a band should not be considered
One where there are no houses at all, or a place at as aggravating because it is inherent in or is
a considerable distance from town, where the necessarily included in the crime. (Reyes, Book I)
houses are scattered at a great distance from each
other. Absorbed in abuse of superior strength and use
of firearms
This aggravating circumstance should not be The aggravating circumstance of taking advantage
considered when the place where the crime was of their superior strength and with the use of
committed could be seen and the voice of the firearms is absorbed by the generic aggravating
deceased could be heard from a nearby house. circumstance of the commission of the offense by a
(People vs. Laoto, 52 PHIL. 401, 408) band, (People vs. Escabarte, G.R. No. 42964)
except when the firearm has no license or there is a
Whether or not the crime committed is attended by lack of license to carry the firearm. (Reyes, Book I)
this aggravating circumstance should be
determined not by the distance of the nearest house When the armed men met up casually with others,
from the scene of the crime, but whether or not in and a crime was thereafter committed, it cannot be
the place of the commission of the offense there was considered as an aggravating circumstance.
a reasonable possibility of the victim receiving some (Reyes, Book I)
help. (Reyes, Book I)
7. CRIME BE COMMITTED ON THE
Solitude must be sought to better attain the OCCASION OF A
criminal purpose CONFLAGRATION, SHIPWRECK,
The offenders must choose the place as an aid EARTHQUAKE, EPIDEMIC OR
either (1) to an easy and uninterrupted OTHER CALAMITY OR
accomplishment of their criminal designs, or (2) to MISFORTUNE (PAR. 7)
insure concealment of the offense, that he might
thereby be better secured against detection and REQUISITES:
punishment. (People vs. Andaya, G.R. No. L-63862) 1. The crime was committed when there was a
calamity or misfortune similar to
BAND (en cuadrilla) conflagration, shipwreck, earthquake or
Refers to a situation where there are more than 3 epidemic; and
armed malefactors that shall have acted together in 2. The offender took advantage of the state of
the commission of an offense. confusion or chaotic condition from such
misfortune.
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Offender must take advantage of the calamity or commission of an

misfortune offense
This will not apply if the offender was provoked by As to LIABILITY
the offended party during the calamity or misfortune. Band members are all Armed men are mere
(Reyes, Book I) principals accomplices
8. THE CRIME BE COMMITTED WITH 9. THE ACCUSED IS A RECIDIVIST

THE AID OF: (PAR. 9)
a. Armed men, or
b. Persons who insure or afford RECIDIVIST
impunity. (PAR. 8) One who at the time of his trial for one crime, shall
have been previously convicted by final judgment of
REQUISITES: another crime embraced in the same title of the
1. That armed men or persons took part in the RPC.
commission of the crime, directly or
indirectly; and A recidivist is entitled to the benefits of the
2. That the accused availed himself of their Indeterminate Sentence Law but is disqualified from
aid or relied upon them when the crime was availing credit of his preventive imprisonment.
committed.
REQUISITES:
Rule for the application of the circumstance 1. That the offender is on trial for an offense;
The casual presence of armed men near the place 2. That he was previously convicted by final
where the crime was committed does not constitute judgment of another crime;
an aggravating circumstance when it appears that 3. That both the first and the second offenses
the accused did not avail of their aid or rely upon are embraced in the same title of the Code;
them to commit the crime. (Reyes, Book I) and
4. That the offender is convicted of the new
"With the aid of armed men" (Par. 8), offense.
distinguished from "by a band." (Par. 6)
Aid of armed men is present even if one of the “At the time of his trial for one crime”
offenders merely relied on their aid, for actual aid is What is controlling is the time of trial, not the time of
not necessary. If there are 4 armed men, aid of the commission of the crime. It is not required that
armed men is absorbed in employment of a band. If at the time of the commission of the crime, the
there are 3 armed men or less, aid of armed men accused should have been previously convicted by
may be the aggravating circumstance. (Reyes, Book final judgment of another crime. (Reyes, Book I)
I)
It is meant to include everything that is done in the
It shall not be considered when both the attacking course of the trial, from arraignment until after the
party and the party attacked were equally armed. sentence is announced by the judge in open court.
(People v. Lagarto, G.R. No. 65833)
In aid of armed men, the men act as accomplices
only. They must not be acting in the commission of It is sufficient that the succeeding offense be
the crime under the same purpose as the principal committed after the commission of the preceding
accused, otherwise, they are to be regarded as co- offense provided that at the time of his trial for the
principals or co-conspirators. (People v. Enoja, G.R second offense, the accused had already been
No. 204894) convicted of the first offense.
.
WITH THE AID OF "Previously convicted by final judgment."
BY A BAND (PAR. 6) The accused was prosecuted and tried for theft,
ARMED ME (PAR. 8)
As to NUMBER estafa and robbery. Judgments for three offenses
Requires more than 3 At least 2 were read on the same day. Is he a recidivist? No,
armed malefactors because the judgment in any of the first two offenses
was not yet final when he was tried for the third
As to ACTION
offense. (Reyes, Book I)
More than 3 armed Present even if 1 of the
malefactors shall have offenders merely relied
acted together in the on their aid; actual aid
is not necessary
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The present crime and the previous crime must REITERACION Generic aggravating
be "embraced in the same title of this Code." OR circumstance
When one offense is punishable by an ordinance or HABITUALITY (Par. 10, Art. 14, RPC)
special law and the other by the Revised Penal Extraordinary aggravating
Code, the two offenses are not embraced in the circumstance (Par. 5, Art. 62,
same title of the Code. (Id) RPC)
There is recidivism even if the lapse of time MULTI- BUT NOTE: Strictly speaking,
between two felonies is more than 10 years. RECIDIVISM habitual delinquency is not an
Recidivism must be taken into account no matter OR HABITUAL “aggravating circumstance” as
how many years have intervened between the first DELINQUENCY it neither qualifies nor
and second felonies.(People v. Colocar, G.R. No.
increases the penalty for the
40871)
given felony, but provides for
a separate or additional
10. THE OFFENDER HAS BEEN penalty.
PREVIOUSLY PUNISHED: QUASI- Special aggravating
a. For an offense to which the law RECIDIVISM circumstance (Art. 160, RPC)
attaches an equal or greater
penalty or 11. THE CRIME BE COMMITTED IN
b. For two or more crimes to which it CONSIDERATION OF A PRICE,
attaches a lighter penalty. (PAR. REWARD OR PROMISE (PAR. 11)
10)
REQUISITES:
1. There are at least 2 principals:
REQUISITES OF REITERACION/ HABITUALITY a. Principal by inducement (one who
1. That the accused is on trial for an offense; offers); and
2. That he previously served sentence for b. Principal by direct participation (one
another offense to which the law attaches who accepts);
an 2. The price, reward, or promise should be
a. Equal; or previous to and in consideration of the
b. Greater penalty; or commission of the criminal act.
c. For two or more crimes to which it
attaches a lighter penalty than that Also applicable to the one who gave the price
for the new offense; and When this aggravating circumstance is present, it
3. That he is convicted of the new offense. affects not only the person who received the price or
the reward, but also the person who gave it. (U.S. v.
"Has been previously punished" Parro, G.R No. 12607)
Means that the accused previously served sentence
for another offense or sentences for other offenses Price, reward or promise must be for the
before his trial for the new offense. (People vs. purpose of inducing another to perform the deed
Abella, G.R. No. L-32205) If without previous promise it was given voluntarily
after the crime had been committed as an
It is the penalty attached to the offense, not the expression of his appreciation for the sympathy and
penalty actually imposed aid shown by the other accused, it should not be
Hence, even if the accused served the penalty of taken into consideration for the purpose of
prision mayor in its minimum period and is now increasing the penalty. (U.S v. Flores, G.R No.
convicted of an offense for which the penalty of 9008)
prision mayor maximum is imposed, there is still
habituality, provided that the penalty attached to the The evidence must show that one of the accused
two offenses is prision mayor in its full extent. used money or other valuable consideration for the
(Reyes, Book I) purpose of inducing another to perform the deed.
(U.S v. Gamao, G.R. No. 6942)
FORMS OF REPETITION
Generic aggravating Need not consist of material things
RECIDIVISM circumstance The price, reward or promise need not consist of
(Par. 9, Art. 14, RPC) material things or need not be actually delivered, it
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being sufficient that the offer made be accepted By Means of Inundation, Fire, etc. vs. On the
before the commission of the offense. Occasion of Conflagration, Shipwreck, etc.
BY MEANS OF ON THE OCCASION
12. THE CRIME BE COMMITTED BY INUNDATION, OF A
MEANS OF: FIRE ETC CONFLAGRATION,
a. Inundation; (PAR. 12) SHIPWRECK, ETC.
(PAR. 7)
b. Fire;
The crime is The crime is committed
c. Poison;
committed by means on the occasion of a
d. Explosion; of any such acts calamity or misfortune.
e. Stranding of a vessel or involving great waste
intentional damage thereto; or ruin.
f. Derailment of a locomotive; and
g. By the use of any other artifice Rules as to the use of fire
involving great waste and ruin. ACT OF THE CRIME
(PAR. 12) ACCUSED COMMITTED
Intent was only to burn Simple arson with a
As a generic aggravating circumstance house but somebody specific penalty (Art.
When another aggravating circumstance already dies 326, RPC)
qualifies the crime, any of these aggravating If fire was used as a Murder
circumstances shall be considered as generic means to kill
aggravating circumstances only. (Reyes, Book I) Separate crimes of
If fire was used to
arson and
conceal the killing
Actual design to kill a person murder/homicide
When the crime intended to be committed is arson
and somebody dies as a result thereof, the crime is 13. THE ACT BE COMMITTED WITH
simply arson and the act resulting in the death of that EVIDENT PREMEDITATION (PAR.
person is not even an independent crime of 13)
homicide, it being absorbed. (People vs. Paterno, et
al., 85 Phil. 722) Essence of premeditation
The execution of the criminal act must be preceded
If the offender had the intent to kill the victim, burned by cool thought and reflection upon the resolution to
the house where the latter was, and the victim died carry out the criminal intent during the space of time
as a consequence, the crime is murder, qualified by sufficient to arrive at a calm judgment. (People vs.
the circumstance that the crime was committed "by Durante, G.R No. 31101)
means of fire." (See Art. 248)
Premeditation must be "evident"
When used as a means to kill another person, There must be evidence showing that the accused
the crime is murder meditated and reflected on his intention between the
If the purpose of the explosion, inundation, fire or time when the crime was conceived by him and the
poison is to kill a predetermined person, the crime time it was actually perpetrated. (People vs. Carillo,
committed is murder. Once any of these G.R. No. L-283)
circumstances is alleged in the information to qualify
the offense, it should not be considered as generic Hence, absent a clear and positive proof of the overt
aggravating circumstance for the purpose of act of planning the crime, mere presumptions and
increasing the penalty, because it is an integral inferences thereon, no matter how logical and
element of the offense. (Reyes, Book I) probable, would not be enough. (People vs.
Agramon, G.R. No. 212156, J. CAGUIOA)
Each of the circumstances of "fire," "explosion," and
" derailment of a locomotive" may be a part of the REQUISITES:
definition of particular crime, such as, arson (Art. The prosecution must prove –
320), crime involving destruction (Art. 324), and 1. The time when the offender determined to
damages and obstruction to means of commit the crime;
communication (Art. 330). 2. An act manifestly indicating that the culprit
has clung to his determination; and
In these cases, they do not serve to increase the
penalty, because they are already included by the The criminal intent evident from outward acts
law in defining the crimes. (Id)
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must be notorious and manifest, and the became his victim. (People vs. Hilario, et al., G.R.
purpose and determination must be plain and No. 128083)
have been adopted after mature consideration
on the part of the persons who conceived and Not necessary that there is a plan to kill a
resolved upon the perpetration of the crime, as particular person
a result of deliberation, meditation and For premeditation to exist, it is not necessary that
reflection sometime before its commission. the accused planned to kill a particular person.
(People vs. Zapatero, G.R. No. L-31960)
When the offender decided to kill a particular person
A threat to kill, unsupported by other evidence and premeditated on the killing of the latter, but
which would disclose the true criminal state of when he carried out his plan he actually killed
mind of the accused, will only be construed as another person, it cannot properly be said that he
a casual remark naturally emanating from a premeditated on the killing of the actual victim.
feeling of rancor and not a resolution of the However, if the offender premeditated the killing of
character involved in evident premeditation. any person, it is proper to consider against the
(People vs. Fuentesuela, G.R. No. L-48273) offender the aggravating circumstance of
premeditation, because whoever is killed by him is
3. A sufficient lapse of time between the contemplated in his premeditation. (Reyes, Book I)
determination and execution, to allow him
to reflect upon the consequences of his act Conspiracy presupposes premeditation
and to allow his conscience to overcome a. General Rule: Where conspiracy is directly
the resolution of his will. established, with proof of the attendant
deliberation and selection of the method, time
The offender must have an opportunity to coolly and means of executing the crime, the
and serenely think and deliberate on the existence of evident premeditation can be taken
meaning and the consequences of what he for granted.
planned to do, an interval long enough for his b. Exception: When conspiracy is only implied,
conscience and better judgment to overcome evident premeditation may not be appreciated,
his evil desire and scheme. (People vs. Valdez in the absence of proof as to how and when the
G.R. No. 127663) plan to kill the victim was hatched or what time
had elapsed before it was carried out.
There must be sufficient time between the
outward acts and the actual commission of the 14. CRAFT, FRAUD, OR DISGUISE BE
crime. Thus, the mere fact that the accused was EMPLOYED (PAR. 14)
lying in wait for his victim just before the attack
is not sufficient to sustain a finding of evident CRAFT (astucia)
premeditation, in the absence of proof that he Involves intellectual trickery or cunning on the part
had been lying in wait for a substantial period of of the accused; a chicanery resorted to by the
time. (U.S. vs. Buncad, 25 Phil. 530, 539). But accused to aid in the execution of his criminal
when it appears that the accused borrowed a design. It is employed as a scheme in the execution
bolo for the purpose of committing the crime of the crime.
early in the morning and was lying in wait for
some time before he attacked his victim, evident Not aggravating where:
premeditation is sufficiently established. (U.S. 1. The unlawful scheme could have been carried
vs. Mercoleta, 17 Phil. 317, 320) out just the same even without the pretense.
(People v. Aspili, G.R. Nos. 89418-19)
Premeditation is absorbed by reward or promise 2. Craft partakes of an element of the offense.
But this rule is only applicable insofar as the inducer
is concerned, but not the person induced since one FRAUD (fraude)
can be a principal by direct participation without the Insidious words or machinations used to induce the
benefit of due reflection. (U.S. vs. Manalinde, G.R victim to act in a manner which would enable the
No. 5292) offender to carry out his design.
When victim is different from that intended, Fraud v. Craft
premeditation is not aggravating FRAUD CRAFT
Evident premeditation may not be properly taken There is a direct The act of the accused
into account when the person whom the defendant inducement by was done in order to
proposed to kill was different from the one who
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insidious words or not arouse the Superior strength is not taken advantage of
machinations. suspicion of the victim. when:
a. One attacks another with passion and
DISGUISE (disfraz) obfuscation;
Resorting to any device to conceal identity. b. A quarrel arose unexpectedly and the fatal blow
was struck at a time when the aggressor and his
The fact that the mask subsequently fell down thus victim were engaged against each other as man
paving the way for this one’s identification does not to man; and
render the aggravating circumstance of disguise c. An attack on the victim was made alternately.
inapplicable. (People v. Cabato, G.R. No. L-37400)
Evidence of relative physical strength
The purpose of the offender in using any device necessary
must be to conceal his identity. (Reyes, Book I) There must be evidence that the accused were
physically stronger and that they abused such
The test of disguise is whether the device or superiority. (Reyes, Book I)
contrivance resorted to by the offender was
intended to or did make identification more difficult, When abuse of superior strength is aggravating
such as the use of a mask or false hair or beard. The aggravating circumstance depends on the age,
size and strength of the parties. It is considered
Craft and fraud may be absorbed in treachery if whenever there is a notorious inequality of forces
it is deliberately adopted as the means, method between the victim and the aggressor, assessing a
or form for the treacherous strategy. superiority of strength notoriously advantageous for
It may co-exist independently from treachery only the aggressor which is selected or taken advantage
when both circumstances are adopted for different of by him in the commission of the crime. (People
purposes in the commission of the crime. (People v. vs. Carpio, G.R. No. 82815-16)
Lab-eo, G.R. No. 133438)
Number of aggressors, if armed, may point to abuse
Where the accused pretended to hire the driver in of superior strength. (Reyes, Book I)
order to get his vehicle, it was held that there was
craft directed to the theft of the vehicle, separate When weapon used is out of proportion to the
from the means subsequently used to treacherously defense available to the offended party
kill the defenseless driver. (People v. San Pedro, Abuse of superior strength is present not only when
G.R. No. L-44274) the offenders enjoy numerical superiority or there is
a notorious inequality of force between the victim
15. ABUSE OF SUPERIOR STRENGTH and the aggressor, but also when the offender uses
THAT: a powerful weapon which is out of proportion to the
defense available to the offended party. (People v.
a. Advantage be taken of superior
Padilla, G.R No. 75508)
strength, or
b. Means be employed to weaken There is no abuse of superior strength when one
the defense. (PAR. 15) acted as principal and the other two as accomplices.
(Reyes, Book I)
Par. 15 contemplates 2 aggravating circumstances,
either of which qualifies a killing to murder. (Art. 248) That the victim is a woman is inherent in
parricide
For abuse of superior strength, the test is the Abuse of superior strength is inherent in the crime
relative strength of the offender and the victim, of parricide where the husband kills the wife. It is
whether or not he took advantage of his greater generally accepted that the husband is physically
strength. stronger than the wife. (Reyes, Book I)
ADVANTAGE BE TAKEN OF SUPERIOR Superior strength is absorbed and inherent in

STRENGTH treachery. (People v Mobe, G.R No. L-1292)
To take advantage of superior strength means to
deliberately use excessive force that is out of Superior Strength vs. Committed By a Band
proportion to the means for self- defense available BY A BAND (PAR. 6) SUPERIOR
to the person attacked. (People v. Lobrigas, G.R. STRENGTH (PAR. 15)
No. 147649) Committed by more Taking advantage by
than 3 armed the culprits of their
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malefactors regardless collective strength to "sudden," "unexpected," and "without any warning
of the comparative overpower their or provocation." There must also be a showing that
strength of the relatively weaker victim the offender consciously and deliberately adopted
victim/victims. or victims. the particular means, methods and forms in the
execution of the crime which tended directly to
The offender employs means that materially weaken insure such execution, without risk to himself.
the resisting power of the offended party. (People v. Enriquez, Jr., G.R. No. 238171, J.
CAGUIOA)
Examples: However, People v. Ramolete (G.R No. L-28108)
a. Where one, struggling with another, suddenly considered treachery as aggravating even if the
throws a cloak over the head of his opponent accused shot the victim on his back without
then he wounds or kills him. deliberation because the latter was trying to escape
b. When the offender, who had the intention to kill through the window.
the victim, made the deceased intoxicated,
thereby materially weakening the latter’s Rules regarding treachery
resisting power. a. Applicable only to crimes against persons.
b. Means, methods or forms need not insure
NOTE: This circumstance is applicable only to accomplishment of crime but only its execution.
crimes against persons, and sometimes c. The mode of attack must be consciously
against person and property, such as robbery adopted. (Reyes, Book I)
with physical injuries or homicide.
Treachery in complex crimes
Treachery is appreciated even if the crime against
16. THE ACT BE COMMITTED WITH
the person is complexed with another felony
TREACHERY (ALEVOSIA) (PAR. 16) involving a different classification in the Code. Thus,
in the special complex crime of robbery with
Treachery homicide, treachery can be appreciated insofar as
There is treachery when the offender commits any the killing is concerned. (People v. Escote, G.R. No.
of the crimes against the person, employing means, 140756)
methods or forms in the execution thereof which
tend directly and specially to insure its execution May exist even if the attack is face to face
without risk to himself arising from the defense Where it appears that the attack was not preceded
which the offended party might make. Treachery by a dispute and the offended party was unable to
means that the offended party was not given an prepare himself for his defense. (U.S. vs. Cornejo,
opportunity to make a defense. (Reyes, Book I) 28 Phil. 457, 461)
REQUISITES: Attack from behind is not always treachery

1. At the time of the attack, the victim was not It must appear that such mode of attack was
in a position to defend himself; and consciously adopted and the question of risk to
2. The offender consciously adopted the offender be taken into account. (People vs. Baldos,
particular means, method or form of attack C.A., 34 O.G. 1937)
employed by him.
Mode of attack must be consciously adopted
The mode of attack must be thought of by the To constitute treachery, 2 conditions must be
offender, and must not spring from the unexpected present: (1) the employment of means of execution
turn of events. The mode of attack could not have that gave the person attacked no opportunity to
been thought of when the decision to shoot the defend himself or to retaliate; and (2) the means of
deceased was sudden, in view of the latter's flight, execution were deliberately or consciously adopted.
and the relative positions of the victim and the killer (People vs. Mabuhay, G.R. No. 87018)
were entirely accidental. (Reyes, Book I)
When treachery must be present:
The essence of treachery is the sudden and a. When the aggression is continuous, treachery
unexpected attack by an aggressor on the must be present in the beginning of the assault.
unsuspecting victim, depriving the latter of any Even if the deceased was shot while he was
chance to defend himself and thereby ensuring its lying wounded on the ground, it appearing that
commission without risk of himself. In order to the firing of the shot was a mere continuation of
appreciate treachery, both elements must be the assault in which the deceased was
present. It is not enough that the attack was wounded, with no appreciable time intervening
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between the delivery of the blows and the firing Treachery vs. Abuse of Superior Strength vs.
of the shot, it cannot be said that the crime was Means Employed to Weaken the Defense
attended by treachery. (People vs. Peje, 99 MEANS
ABUSE OF
Phil. 1052) EMPLOYED
TREACHERY SUPERIOR
b. When the assault was not continuous, in that TO WEAKEN
(PAR. 16) STRENGTH
there was interruption, it is sufficient that THE DEFENSE
(PAR. 15)
treachery was present at the moment the fatal (PAR. 15)
blow was given. Hence, if there was a break in Means, Offender only Means are
the continuity of the aggression and at the time methods, or takes employed but it
of the fatal wound was inflicted on the deceased forms advantage of materially
he was defenseless, the circumstance of employed by his superior weakens the
treachery must be taken into account. (US v. the offender to strength and resisting power
Baluyot, 40 Phil. 385) make it does not of the offended
c. Treachery must be present at the time of impossible or employ party
inception of the attack, and not after. Even if the hard for the means,
treachery occurs in the subsequent stages of offended party methods, or
the assault, if it was absent from the beginning, to put any sort forms of
it cannot be appreciated as an aggravating or of resistance attack
qualifying circumstance. Failing to prove the
presence of the qualifying circumstance of 17. MEANS BE EMPLOYED OR
treachery, the accused are guilty of the crime of CIRCUMSTANCES BROUGHT
homicide, not murder. (People v. Magallano, Jr. ABOUT WHICH ADD IGNOMINY TO
y Flores, G.R. 220721) THE NATURAL EFFECTS OF THE
Treachery should be considered even if:
ACT (PAR. 17)
a. The victim was not predetermined but there was
a generic intent to treacherously kill any first two IGNOMINY
persons belonging to a class. (Same rule A circumstance pertaining to the moral order, which
obtains for evident premeditation). adds disgrace and obloquy to the material injury
b. There was aberratio ictus and the bullet hit a caused by the crime. (People vs. Acaya, G.R. No. L-
person different from that intended. (Rule is 72998)
different in evident premeditation).
c. There was error in personae, hence the victim It is applicable to crimes against chastity, less
was not the one intended by the accused. (Rule serious physical injuries, light or grave coercion, and
is different in evident premeditation). murder. (Reyes, Book I)
Reason: It is nonetheless impossible for either the It is inherent in libel and acts of lasciviousness. (Id)
intended victim or the actual victim to defend himself
against the aggression. Meaning of “which add ignominy to the natural
effects of the act”
Treachery Absorbs: (ACECAN) a. The means employed or the circumstances
a. Abuse of superior strength; brought about must tend to make the effects of
b. Craft; the crime more humiliating or to put the
c. Employing means to weaken the offended party to shame. (Reyes, Book I)
defense; b. Injured party must not be dead when the act
causing ignominy was inflicted to him because
d. Cuadrilla (“band”);
the act must add to the injured party’s moral
e. Aid of armed men; and
suffering. (People vs. Carmina, G.R. No. 81404)
f. Nighttime.
NOTE: Treachery cannot co-exist with passion or 18. THAT THE CRIME BE COMMITTED
obfuscation. AFTER AN UNLAWFUL ENTRY
(PAR. 18)
UNLAWFUL ENTRY
There is unlawful entry when an entrance is effected
by a way not intended for the purpose. (Art. 14, par.
12, RPC)
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Dwelling and unlawful entry taken separately as is the breaking of a part of the building as a means
aggravating circumstances in murders of committing the crime. (Reyes, Book I)
committed in a dwelling.
When the accused gained access to the dwelling by Breaking as Means to Commission of The crime
climbing through the window and once inside, vs. After an Unlawful Entry
murdered certain persons in the dwelling, there BREAKING AS
AFTER AN
were two aggravating circumstances which MEANS TO
UNLAWFUL ENTRY
attended the commission of the crimes — dwelling COMMISSION OF
(PAR. 18)
and unlawful entry. (People vs. Barruga, 61 Phil. THE CRIME (PAR. 19)
318, 331) Involves the breaking Presupposes that there
(rompimiento) of the is no such breaking as
When inherent in robbery enumerated parts of the by entry through the
Unlawful entry is one of the ways of committing house. window.
robbery with force upon things under Art. 299, par.
(a), and Art. 302 of the Code. It is inherent in this Where breaking of door or window is lawful:
kind of robbery. (Reyes, Book I) a. An officer, in order to make an arrest, may break
open a door or window of any building in which
Unlawful entry is not aggravating in trespass to the person to be arrested is or is reasonably
dwelling believed to be (Sec. 11, Rule 113, ROC)
Trespass to dwelling is committed when a private b. An officer, if refused admittance, may break
individual shall enter the dwelling of another against open any door or window to execute the search
the latter's will and may be committed by means of warrant or liberate himself. (Sec. 7, Rule 126,
violence. (Art. 280, RPC) ROC)
If the offender entered the dwelling of another 20. THE CRIME BE COMMITTED:
through an opening not intended for the purpose, a. With the aid of persons under 15
like the window, the unlawful entry was an integral years of age, or
part of the circumstance of violence with which the b. By means of motor vehicles,
crime of trespass was committed. (U.S. vs. airships, or other similar means.
Barberan, 17 Phil. 509, 511-512)
(PAR. 20)
19. WHEN AS A MEANS TO THE
2 different circumstances are grouped in this
COMMISSION OF A CRIME, A WALL, paragraph.
ROOF, FLOOR, DOOR, OR WINDOW
BE BROKEN (PAR. 19) WITH THE AID OF PERSONS UNDER 15 YEARS
OF AGE
"As a means to the commission of a crime." Intends to repress the frequent practice resorted to
To be considered as an aggravating circumstance, by professional criminals to avail themselves of
breaking the door must be utilized as a means to the minors taking advantage of their irresponsibility.
commission of the crime. It is not to be appreciated (Albert)
where the accused did not break the door of the
victims as a means to commit robbery with homicide Example: A caused B, a boy 14 years old, to climb
where the accused after breaking the rope which the wall of the house of C, to enter the same through
was used to close the door could have already its window, and once inside, to take, as in fact B
entered the house. Breaking of the shutters and the took, clothes and other personal property in the
framing of the door to insure the elements of house of C. B threw them to the ground where A
surprise does not aggravate the commission of the picked them up. The aggravating circumstance that
crime. (People vs. Capillas, No. L27177) the crime was committed with the aid of a person
under 15 years of age should be taken into account
To effect entrance only against A. (Reyes, Book I)
The circumstance is aggravating only in those cases
where the offender resorted to any of said means to BY MEANS OF MOTOR VEHICLES, AIRSHIPS,
enter the house. If the wall, etc., is broken in order OR OTHER SIMILAR MEANS
to get out of the place, it is not an aggravating Intended to counteract the great facilities found by
circumstance. modern criminals in said means to commit crime
and flee and abscond once the same is committed.
It is not necessary that the offender should have (Albert)
entered the building. What aggravates the liability
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"By means of motor vehicles” Plurality of wounds alone does not show cruelty
Use of motor vehicle is aggravating where the Number of wounds alone does not show cruelty, it
accused purposely and deliberately used the motor being necessary to show that the accused
vehicle in going to the place of the crime, in carrying deliberately and inhumanly increased the sufferings
away the effects thereof, and in facilitating their of the victims. (People vs. Manzano, Nos. L-33643-
escape. (People v. Espejo, No. L-27708) 44)
If motor vehicle was used only in facilitating the No cruelty when other wrong was done after
escape victim was dead
Where the use of a vehicle was not deliberate to There must be positive proof that the wounds found
facilitate the killing of the victim, the escape of the on the body of the victim were inflicted while he was
assailants from the scene of the crime, and the still alive in order unnecessarily to prolong physical
concealment of the body of the victim, but only suffering. (People vs. Pacris, G.R. No. 69986)
incidental, it is not an aggravating circumstance.
(People vs. Munoz, No. L-38016) If the victim was already dead when the acts of
mutilation were being performed, this would also
Example: Use of motor vehicle was aggravating in qualify the killing to murder due to outraging of his
theft where a truck was used in carrying away the corpse. (Art. 248, RPC)
stolen rails and iron and wooden ties from the scene
of the theft to the place where they were sold NOTE: Unlike mitigating circumstances (par. 10, Art.
(People vs. Arabia, C.A., 53 O.G. 6569), and in 13), there is NO provision for aggravating
robbery with homicide where a motor vehicle was circumstances of a similar or analogous character.
used in transporting the accused. (People vs.
Valeriano, 90 Phil. 15, 31, 35) Ignominy v. Cruelty
IGNOMINY (PAR. 17) CRUELTY (PAR. 21)
21.THE WRONG DONE IN THE Refers to physical
Involves moral suffering
COMMISSION OF THE CRIME BE suffering
DELIBERATELY AUGMENTED BY
CAUSING OTHER WRONG NOT 22. OTHER AGGRAVATING
NECESSARY FOR ITS COMMISSION CIRCUMSTANCES
(CRUELTY) (PAR. 21) UNDER SPECIAL PENAL LAWS
CRUELTY 1. USE OF UNLICENSED FIREARMS

There is cruelty when the culprit enjoys and delights a. If homicide or murder is committed with the
in making his victim suffer slowly and gradually, use of an unlicensed firearm, such use of
causing unnecessary physical pain in the an unlicensed firearm shall be considered
consummation of the criminal act. (People vs. as an aggravating circumstance. (Sec. 1,
Dayug, 49 Phil. 423, 427) par. 3)
b. When a person commits any crime under
To be aggravating, it is essential that the wrong the Revised Penal Code or Special Laws
done was intended to prolong the suffering of the with the use of explosives including but not
victim, causing him unnecessary moral and physical limited to pillbox, molotov cocktail bombs,
pain. (People vs. Llamera, G.R. Nos. L-21604-6) detonation agents or incendiary devises
resulting in the death of a person, the same
REQUISITES: is aggravating. (Sec. 3)
1. The injury caused be deliberately increased
by causing other wrong; and 2. COMPREHENSIVE DANGEROUS DRUGS
2. The other wrong is unnecessary for the ACT
execution of the purpose of the offender. a. When a crime is committed by an offender
who is under the influence of dangerous
“Be deliberately augmented by causing other drugs, such state shall be considered as a
wrong" qualifying aggravating circumstance. (Sec.
This phrase means that the accused at the time of 25)
the commission of the crime had a deliberate b. For drug pushers who use minors or
intention to prolong the suffering of the victim. mentally incapacitated individuals as
(Reyes, Book I) runners, couriers and messengers, or in
any other capacity directly connected to the
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dangerous drugs and/or controlled 6. Stepfather or stepmother and stepson or

precursors and essential chemical trade, stepdaughter (People v. Bersabal, G.R. No.
the maximum penalty shall be imposed in 24532); and
every case. (Sec. 5) 7. Adoptive parent and adopted child.
c. If the victim of the offense is a minor or a
mentally incapacitated individual, or should When relationship Is MITIGATING:
a dangerous drug and/or a controlled 1. Crimes against property, by analogy, to the
precursor and essential chemical involved provisions of Art. 332:
in any offense herein provided be the a. Robbery, usurpation, fraudulent
proximate cause of death of a victim insolvency, and arson; and
thereof, the maximum penalty provided for b. Relationship is exempting in theft,
under this Section shall be imposed. (Sec. estafa, and malicious mischief.
5) 2. Crimes against persons
a. When the offense committed is less
SPECIFIC AGGRAVATING CIRCUMSTANCES: serious physical injuries or slight
a. Violation of domicile: nighttime, papers or physical injuries and the offended party
effects not returned immediately; is a relative of a lower degree.
b. Interruption of religious worship: violence or
threats; When relationship Is AGGRAVATING:
c. Direct assault: weapon, offender is a public 1. Crimes against persons
officer or employee, offender lays hands upon a a. Where the offended party is a relative
person in authority; of a higher degree than the offender, or
d. Grave threats: in writing, thru a middleman; when the offender and the offended
e. Robbery with violence against or intimidation of party are relatives of the same degree.
persons: uninhabited place, band, EXCEPT b. The crime against persons is serious
robbery with homicide or robbery with rape; and physical injuries, even if the offended
f. Robbery with force upon things: uninhabited party is a descendant of the offender.
place and by a band. But the serious physical injuries must
g. Ignominy in crimes against chastity not be inflicted by a parent upon his
h. Cruelty and treachery in crimes against child by excessive chastisement.
persons. c. The offense committed is less serious
physical injuries or slight physical
injuries if the offended party is a
e. Alternative Circumstances relative of a higher degree of the
offender.
ALTERNATIVE CIRCUMSTANCES d. When the crime is homicide or murder,
Those that must be taken into consideration as relationship is aggravating even if the
aggravating or mitigating according to the nature victim of the crime is a relative of a
and effects of the crime and the other conditions lower degree.
attending its commission. e. In rape, relationship is aggravating
where a stepfather raped his
Kinds of Alternative Circumstances: stepdaughter, or in a case where a
a. Relationship; father rapes his own daughter.
b. Intoxication; and 2. Crimes against chastity
c. Degree of instruction and education of the a. In acts of lasciviousness, relationship
offender. is always aggravating, regardless of
whether the offender is a relative of a
1. RELATIONSHIP higher or lower degree of the offended
party.
Alternative circumstance of relationship shall be
considered when the offended party is the: When relationship is an element of the offense
1. Spouse; When the qualification given to the crime is derived
2. Ascendant; from the relationship between the offender and the
3. Descendant; offended party, it is neither mitigating nor
4. Legitimate, natural, or adopted brother or aggravating, because it is inseparable from and
sister; or inherent in the offense. (Reyes, Book I)
5. Relative by affinity, in the same degree, of the
offender;
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Examples: 3. DEGREE OF INSTRUCTION AND

1. Parricide EDUCATION OF THE OFFENDER
2. Adultery
3. Concubinage Lack of sufficient intelligence is required in
illiteracy
2. INTOXICATION Not illiteracy alone, but also lack of sufficient
intelligence are necessary to invoke the benefit of
Habitual Drunkard the alternative circumstance of lack of instruction,
A habitual drunkard is one given to intoxication by the determination of which is left to the trial court.
excessive use of intoxicating drinks. The habit
should be actual and confirmed. It is unnecessary A person able to sign his name but otherwise so
that it be a matter of daily occurrence. It lessens densely ignorant and of such low intelligence that he
individual resistance to evil thought and undermines does not fully realize the consequences of his
will-power making its victim a potential evildoer. criminal act, may still be entitled to this mitigating
(People vs. Camano, Nos. L-36662-63) circumstance. On the other hand, another person
unable to write because of lack of educational
Drunkenness must affect mental faculties facilities or opportunities, may yet be highly or
Before drunkenness may be considered as a exceptionally intelligent and mentally alert that he
mitigating circumstance, it must first be established easily realizes the full significance of his acts, in
that the liquor taken by the accused was of such which case he may not invoke this mitigating
quantity as to have blurred his reason and deprived circumstance in his favor. (People vs. Ripas, 95 Phil.
him of self-control. It should be such an intoxication 63, 70-71; People vs. Geronimo, G.R. No. L-35700)
that would diminish the agent's capacity to know the
injustice of his acts, and his will to act accordingly. When degree of instruction is MITIGATING:
(People vs. Ruiz, Nos. L-33604-05) Low degree of instruction and education or lack of it
is generally mitigating.
When intoxication is MITIGATING:
1. If intoxication is not habitual; or General Rule: Lack of sufficient education is
2. If intoxication is not subsequent to the plan to mitigating.
commit a felony
Exceptions:
For an accused to be entitled to the mitigating a. Crimes against property (e.g., arson, estafa,
circumstance of intoxication, it must be shown that theft, robbery);
(a) at the time of the commission of the criminal act, b. Crimes against chastity;
he has taken such quantity of alcoholic drinks as to c. Treason;
blur his reason and deprive him of a certain degree d. Murder; and
of control, and (b) that such intoxication is not e. Rape
habitual, or subsequent to the plan to commit the
felony. (People vs. Boduso, Nos. L-30450-51) When degree of instruction is AGGRAVATING:
High degree of instruction and education is
When intoxication is AGGRAVATING: aggravating when the offender avails himself of his
1. If intoxication is habitual; or learning in committing the crime.
2. If it is intentional (subsequent to the plan to
commit a felony).
f. Absolutory Cause
It is intentional when the offender drinks liquor fully
knowing its effects, to find in the liquor a stimulant to ABSOLUTORY CAUSES
commit a crime or a means to suffocate any Those where the act committed is a crime but for
remorse. (Reyes, Book I) reasons of public policy and sentiment there is no
penalty imposed.
It is aggravating when intoxication is habitual,
because the constant use of intoxicating liquor Absolutory causes are neither justifying nor
lessens the individual resistance to evil thoughts exempting circumstances but nonetheless similarly
and undermines the will power making himself a results in no criminal liability on the actor, not
potential evildoer against whose activities, society because they are justified (Art. 11, RPC) nor exempt
has the right for its own protection to impose a more (Art. 12, RPC), but because of public policy.
severe penalty. (People v. Amenamen, C.A., 37
O.G. 2324)
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Absolutory Causes 10. Instigation

1. Spontaneous desistance – The spontaneous Entrapment v. Instigation
desistance of the person who commenced the ENTRAPMENT INSTIGATION
commission of a felony before he could perform The ways and means Instigator practically
all the acts of execution. (Art. 6, RPC) are resorted to for the induces the would- be
2. Attempted or frustrated light felonies – Light purpose of trapping accused into the
felony is only attempted or frustrated, and is not and capturing the commission of the
against persons or property. (Art. 7, RPC) lawbreaker in the offense and himself
3. Accessories who are exempt from criminal execution of his becomes a co- principal;
liability – Spouses, ascendants, descendants, criminal plan;
legitimate, natural, and adopted brothers and NOT a bar to Accused will be
sisters, or relatives by affinity within the same accused’s acquitted; and
degrees, except those who profit themselves or prosecution and
assist the offenders to profit by the effects of the conviction; and
crime. (Art. 20, RPC) NOT an absolutory Absolutory cause
4. Legal grounds for arbitrary detention (Art. cause.
124, RPC)
5. Legal grounds for trespass (Art. 280, RPC) —end of topic—
6. Swindling or malicious mischief committed
or caused mutually by the following
persons:
i. Spouses, ascendants and descendants, 3. PERSONS LIABLE AND DEGREE
or relatives by affinity in the same line; OF PARTICIPATION
ii. The widowed spouse with respect to the
property which belonged to the deceased a. Principals, Accomplices, and
spouse before the same shall have Accessories
passed into the possession of another;
and Art. 16. Who are criminally liable. — The
iii. Brothers and sisters and brothers-in-law following are criminally liable for grave and less
and sisters-in-law, if living together. The grave felonies:
crime of theft, swindling or malicious a. Principals;
mischief is committed against a relative. b. Accomplices; and
(Art. 332, RPC) c. Accessories
7. Death or physical injuries inflicted under
exceptional circumstances – When only The following are criminally liable for light
slight or less serious physical injuries are felonies:
inflicted by the person who surprised his spouse 1. Principals; and
or daughter in the act of sexual intercourse with 2. Accomplices;
another person. (Art. 247, RPC)
8. Marriage of the offender with the offended PRINCIPALS
party – In cases of seduction, abduction, acts
of lasciviousness and rape, the marriage of the Art. 17. Principals. — The following are
offender with the offended party shall extinguish considered principals: (DIC)
the criminal action or remit the penalty already a. Those who take a Direct part in the
imposed upon him. (Art. 344, RPC) execution of the act;
9. Mistake of fact – To constitute a crime, evil b. Those who directly force or Induce
intent must combine with an act. A mistake of others to commit it;
fact shows that the act committed have c. Those who Cooperate in the commission of
proceeded from no sort of evil in the mind and the offense by another act without which it
thus necessarily relieves the actor from criminal would not have been accomplished.
liability. The applicable maxims here are actus
non facit reum nisi mens sit rea (the act itself
(i) PRINCIPALS BY DIRECT
does not make man guilty unless his intention
were so) and actus me incito factus non est PARTICIPATION
meus actus (an act done by me against my will
is not my act). (U.S. v. Ah Chong, G.R. No. L- The principal by direct participation personally takes
5272) part in the execution of the act constituting the
crime. (Reyes, Book I)
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REQUISITES: intention. Only the one using force or

2 or more persons who took part in the causing fear is criminally liable.
commission of the crime are principals by direct
participation when: b. By directly inducing another to commit
1. They participated in the criminal a crime
resolution; and i. By giving price, or offering
A person may be convicted for the criminal act reward or promise;
of another where, between them, there has Both the one giving the price or
been conspiracy or unity of purpose and offering reward or promise and the
intention in the commission of the crime one committing the crime in
charged. (People vs. Talla, G.R. No. 44414) consideration thereof are
principals — the former, by
2. They carried out their plan and personally inducement; and the latter, by
took part in its execution by acts, which direct participation. There is
directly tended to the same end. collective criminal responsibility.
A principal by direct participation must
personally take part in executing the criminal ii. By using words of command;
plan to be carried out. This means that he must The inciting words must have great
be at the scene of the commission of the crime, dominance and influence over the
personally taking part in its execution. (Reyes, person who acts where it would be
Book I) the moving cause for the offense;
There is also collective criminal
When this element is lacking, there is only responsibility.
conspiracy. (Id)
Requisites to be liable as
In conspiracy by prior agreement, the principal principal using words of
by direct participation who does not appear at command:
the scene of the crime is not liable, because: i. The one uttering the words of
a. Non-appearance is deemed desistance which command must have the
is favored and encouraged; intention of procuring the
b. Conspiracy is generally not a crime unless the commission of the crime;
law specifically provides a penalty and ii. The one who made the
c. There is no basis for criminal liability because command must have
there is no criminal participation ascendancy or influence over
d. At best, he can be a principal by inducement. the person who acted;
iii. The words used must be so
(ii) PRINCIPALS BY direct, so efficacious, so
INDUCEMENT powerful as to amount to
physical or moral coercion;
REQUISITES: iv. The words of command must
1. That the inducement be made directly with be uttered prior to the
the intention of procuring the commission commission of the crime; and
of the crime; v. The material executor of the
2. That such inducement be the determining crime has no personal reason
cause of the commission of the crime by to commit the crime.
the material executor; and
3. Without such inducement the crime would There must exist on the part of the inducer the most
not have been committed. positive resolution and the most persistent effort to
secure the commission of the crime, together with
the presentation to the person induced of the very
Ways of becoming a principal by inducement:
strongest kind of temptation to commit the crime.
a. By directly forcing another to commit a
(U.S. v. Indanan, G.R. No. L-8187)
crime
i. Using irresistible force; or
The inducement must precede the act induced and
ii. By causing uncontrollable fear;
must be so influential in producing the criminal act
that without it, the act would not have been
In these cases, there is no conspiracy, not
even a unity of criminal purpose and performed. (Reyes, Book I)
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A thoughtless expression without intention to (iii) PRINCIPALS BY

produce the result is not an inducement to commit a INDISPENSABLE
crime. Thus, the price given to the principal by direct COOPERATION
participation after the commission of the crime,
without prior promise to give a price or reward, could REQUISITES:
not be an inducement. If the person who actually 1. Participation in the criminal resolution, that
committed the crime had a reason of his own to is, there is either anterior conspiracy or
commit the crime, it cannot be said that the unity of criminal purpose and intention
inducement was influential in producing the criminal immediately before the commission of the
act. In such case, the one charged with having crime charged. This, in turn, requires the
induced the commission of the crime is not following: (PCCC)
criminally liable. (Id) a. Participation in the criminal
resolution;
If the crime committed is not contemplated in the b. There must be Conspiracy;
order given, the inducement is not material and not c. Concurrence is sufficient; and
the determining cause thereof. (Id) d. Cooperation is indispensable;
2. Cooperation in the commission of the
Principal By Inducement vs. Offender Who Made offense by performing Another act, without
Proposal To Commit A Felony which it would not have been accomplished.
OFFENDER WHO It should be noted that: (CDN)
PRINCIPAL BY
MADE A PROPOSAL a. Cooperation must be indispensable;
INDUCEMENT
TO COMMIT A FELONY b. If participation is Dispensable,
There is an inducement to commit a crime accused is only an accomplice, not a
LIABILITY principal; and
Principal becomes Mere proposal to commit c. If cooperation is Necessary in the
liable only when the a felony is punishable in execution of the offense, the accused
crime is committed by treason or rebellion; is considered as a principal by direct
the principal by direct participation.
participation; and The person to whom the
proposal is made should Cooperation
not commit the crime, To cooperate means to desire or wish in common a
otherwise, the proponent thing. But that common will or purpose does not
becomes a necessarily mean previous understanding, for it can
Principal by inducement; be explained or inferred from the circumstances of
and each case. (People v. Aplegido, G.R. No. L-163)
CRIME INVOLVED
Involves any crime. Must involve only treason There can be no principal by inducement or principal
or rebellion. by cooperation unless there is a principal by direct
participation. However, there may be a principal by
Effects of acquittal of principal by direct direct participation despite the absence of the
participation upon the liability of principal by former.
inducement:
1. Conspiracy is negated by the acquittal of the co- Individual Criminal Responsibility
defendant. In the absence of conspiracy, unity of criminal
2. One cannot be held guilty of having instigated purpose and intention immediately before the
the commission of a crime without first being commission of the crime, or community of criminal
shown that the crime has been actually design, the criminal responsibility arising from
committed by another. (People vs. Ong Chiat, different acts directed against one and the same
G.R. No. L-39086) person is individual and not collective, and each of
3. But if the one charged as principal by direct the participants is liable only for acts committed by
participation is acquitted, it does not necessarily him. (U.S. v. Magcomot, G.R. No. L- 18289)
lead to the acquittal of the principal by Collective Criminal Responsibility
inducement. (People vs. Po Giok To, G.R. No. There is collective criminal responsibility when the
L-7236) offenders are criminally liable in the same manner
and to the same extent. The penalty to be imposed
must be the same for all.
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BY criminal
BY DIRECT INDISPENS responsibility.
PARTICIPA BY INDUCEMENT ABLE
TION COOPERA ACCOMPLICES
TION
WHO ARE DEEMED PRINCIPALS Art. 18. Accomplices. — Accomplices are those
Takes part in 1. Directly forcing Cooperates persons who, not being included in Art. 17,
the another to commit a in the cooperate in the execution of the offense by
execution of crime by: commission previous or simultaneous acts.
the act (a) using irresistible of the
constituting force; offense by REQUISITES:
the crime; (b) causing performing 1. There is community of design; that is,
uncontrollable fear. another act, knowing the criminal design of the principal
without by direct participation, he concurs with the
2. Directly inducing which it latter in his purpose.
another to commit a would not
crime by: have been Knowledge of the criminal design of the
(a) giving price, or accomplish principal can be acquired by the accomplice
offering reward or ed; and when:
promise; a. The principal informs or tells the
(b) using words of accomplice of the former’s criminal
command design; and
COLLECTIVE CRIMINAL RESPONSIBILITY b. The accomplice saw the criminal acts of
If there is no Principal by Principal by the principal;
conspiracy, inducement (except indispensab
then each those who directly le The community of design need not be to
offender is forced another to cooperation commit the crime actually committed. It is
only liable for commit a crime) has sufficient if there was a common purpose to
the acts and principal by collective commit a particular crime and that the crime
performed by direct participation criminal actually committed was a natural or probable
him; and have collective responsibilit consequence of the intended crime. (Reyes,
criminal y with the Book I)
Principals by responsibility. principal by
direct direct 2. He cooperates in the execution of the
participation In case of participation offense by previous or simultaneous acts,
have Inducement by . with the intention of supplying material or
collective forcing another to moral aid in the execution of the crime in an
criminal commit a crime, efficacious way.
responsibility either through:
. (a) irresistible force The accomplice cooperates with the principal by
or (b) uncontrollable direct participation. But the cooperation of an
fear – the inducer is accomplice is only necessary, not
liable as the indispensable. (Reyes, Book I)
principal, while the
material executor is However, if there is conspiracy between two or
not liable due to Art. among several persons, even if the cooperation
12 pars. 5 and 6 of one offender is only necessary, the latter is
also a principal by conspiracy. The nature of the
In case of inducing cooperation becomes immaterial. (Id)
another to commit a
crime by either: (a) The wounds inflicted by an accomplice in
giving price or crimes against persons should not have caused
offering reward or the death of victim. The person charged as an
promise or (b) accomplice should not have inflicted a mortal
through the use of wound. (People vs. Aplegido, 76 Phil. 571) If he
words of command inflicted a mortal wound, he becomes a principal
– there is collective by direct participation.
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Absent knowledge of the criminal purpose of the Accomplice vs. Principal By Direct Participation
principal, giving aid or encouragement, either ACCOMPLICE PRINCIPAL BY
morally or materially, in the commission of the DIRECT
crime, mere presence at the scene of the crime PARTICIPATION
does not make one an accomplice. (People vs. Community of criminal Community of criminal
Toling, G.R. No. L-28548) design design
3. There should be a relation between the acts However such

done by the principal and those attributed to community need not be
the person charged as accomplice. to commit the crime
actually committed; it is
Accomplice vs. Principal in General sufficient that there was a
ACCOMPLICE PRINCIPAL common purpose to
PARTICIPATION commit a particular crime
Does not take direct Either takes direct part and that the crime
part in the commission in the commission of actually committed was a
of the act; does not the act; induces, or natural or probably
force or induce others forces another to consequence of the
to commit it; or does not commit it; or intended crime
cooperate in the cooperates in the No clear cut distinction between the acts of the
commission of the commission of the accomplice and those of the principal by direct
crime by another act, crime by another act, participation. That is why, in case of doubt, it shall
without which it would without which it would be resolved in favor of lesser responsibility, that is,
not have been not have been that of mere accomplice;
accomplished, yet accomplished Between principals liable Between principals and
cooperates in the for the same offense, accomplices, there is
execution of the act by there must be conspiracy no conspiracy
previous or
simultaneous means Accomplice vs. Conspirator
KNOWLEDGE ACCOMPLICE CONSPIRATOR
Has knowledge of the Has knowledge of the They know and agree with the criminal design
criminal design of the criminal design and They come to know They come to know
principal and merely carries/executes it
about it after the the criminal intention
concurs with the principals have reached because they
criminal purpose
the decision, and only themselves have
then do they agree to decided upon such
Accomplice vs. Principal By Indispensable cooperate in its course of action
Cooperation execution
ACCOMPLICE PRINCIPAL BY They are merely They are the authors
INDISPENSABLE instruments who perform of a crime
COOPERATION acts not essential to the
NECESSITY OF PARTICIPATION perpetration of the
Participation is not Participation is offense
indispensable indispensable
DEGREE OF PARTICIPATION ACCESSORY
Cooperates in the Participates in the
execution of the offense criminal resolution, in Art. 19. Accessories. — Accessories are those
by previous or such a way that there is who, having knowledge of the commission of
simultaneous acts, with either anterior the crime, and without having participated
the intention of conspiracy or unity of therein, either as principals or accomplices, take
supplying material or criminal purpose and part subsequent to its commission in any of the
moral aid in the intention immediately following manners:
execution of the crime in before the commission 1. By profiting themselves or assisting the
an efficacious way of the crime charged offender to profit by the effects of the crime;
2. By concealing or destroying the body of the
crime, or the effects or instruments thereof,
in order to prevent its discovery;
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3. By harboring, concealing, or assisting in the The body of the crime is the corpus delicti. It
escape of the principals of the crime, means that someone in fact committed a
provided the accessory acts with abuse of specific offense.
his public functions or whenever the author
of the crime is guilty of treason, parricide, There must be an attempt to hide the body of
murder, or an attempt to take the life of the the crime.
Chief Executive, or is known to be habitually
guilty of some other crime. 3. By harboring, concealing, or assisting in the
escape of the principals of the crime,
Knowledge of the commission of the crime provided the accessory acts with abuse of
An accessory must have knowledge of the his public functions or whenever the author
commission of the crime, and having that of the crime is guilty of treason, parricide,
knowledge, he took part subsequent to its murder, or an attempt to take the life of the
commission. In the absence of positive proof, direct chief executive, or is known to be habitually
or circumstantial, of his knowledge that the goods guilty of some other crime (Par. 3)
were of illegal origin or fraudulently acquired by the
vendors at the time of the transaction, a customer Classes of accessories in par. 3:
who purchases such goods cannot be held 1. Public officers, who harbor, conceal or
criminally responsible as accessory. (People vs. assist in the escape of the principal of
Labrador, C.A., 36 O.G. 166) any crime (not light felony) with abuse
of his public functions
How accessory takes part
An accessory does not participate in the criminal Requisites:
design, nor cooperate in the commission of the 1. The accessory is a public officer;
felony, but, with knowledge of the commission of the 2. He harbors, conceals, or assists in the
crime, he subsequently takes part in 3 ways: escape of the principal;
3. He acts with abuse of his public
1. By profiting themselves or assisting the function; and
offender to profit by the effects of the crime 4. The crime committed by the principals
(Par. 1) is any crime, except a light felony; and
a. Profiting themselves by the effects of
the crime 2. Private persons, who harbor, conceal or
A person who received any property from assist in the escape of the author of the
another, and used it, knowing that the same crime – guilty of treason, parricide,
had been stolen, is guilty of the crime of murder, or an attempt against the life of
theft as an accessory. (People vs. the President, or who is known to be
Tanchoco, 76 Phil. 463, 467) habitually guilty of some other crime.
The accessory should not take the property Requisites:

without the consent of the principal. 1. The accessory is a private person;
Otherwise, he is not an accessory but a 2. He harbors, conceals or assists in the
principal in the crime of theft. escape of the author of the crime;
3. The crime committed by the principal
b. Assisting the offender to profit by the is either:
effects of the crime a. Treason;
A person who receives any property from b. Parricide;
another, which he knows to have been c. Murder;
stolen, and sells the same for the thief to d. An attempt against the life of the
whom he gives the proceeds of the sale, is president; or
guilty of the crime of theft, as an accessory. e. That the principal is known to be
(U.S. vs. Galanco, 11 Phil. 575) habitually guilty of some other
crime.
An accessory should not be in conspiracy
with the principal PUBLIC OFFICERS PRIVATE PERSONS
Harbors, conceals or Harbors, conceals or
2. By concealing or destroying the body of the assists in the escape assisting the escape of the
crime, or the effects or instruments thereof, of the principal of any author of the crime
in order to prevent its discovery (Par. 2) crime
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Accessory is a public Accessory is a private The accessory Is EXEMPT from criminal liability,
officer person when the principal is his:
Public officer acts No abuse required (not a 1. Spouse;
with abuse of his public officer) 2. Ascendant;
public functions 3. Descendant; or
Crime committed by Crime committed by the 4. Legitimate, natural or adopted brother, sister, or
the principal involves principal is either: Relative by affinity within the same degree.
any crime, except (a) treason,
light felonies (b) parricide, The accessory is NOT EXEMPT from criminal
(c) murder, liability even if the principal is related to him, if
(d) an attempt against the such accessory:
life of the President, or a. Profited by the effects of the crime;
(e) that the principal is b. Assisted the offender to profit by the effects of
known to be habitually the crime; and
guilty of some other crime. This is because such acts are prompted not by
affection but by a detestable greed. (Reyes, Book I)
When conviction of accessory is possible, even
if principal is acquitted Only accessories under Art. 19 (2) and (3) are
Conviction of an accessory is possible exempt from criminal liability if they are related to the
notwithstanding the acquittal of the principal, if the principals. (Id)
crime was in fact committed, but the principal was
not held criminally liable, because of an exempting b. Conspiracy and Proposal
circumstance (Art. 12), such as insanity or minority.
In exempting circumstances, there is a crime Art. 8. Conspiracy and proposal to commit
committed. Hence, there is a basis for convicting the felony. — Conspiracy and proposal to commit
accessory. (Reyes, Book I) felony are punishable only in the cases in which
the law specially provides a penalty therefor.
Even if the principal is still unknown or at large, the
accessory may be held responsible provided the A conspiracy exists when two or more persons
requisites prescribed by law for the existence of the come to an agreement concerning the
crime are present and that someone committed it. commission of a felony and decide to commit it.
(Id)
There is proposal when the person who has
Where the commission of the crime and the decided to commit a felony proposes its
responsibility of the accused as an accessory, are execution to some other person or persons.
established, the accessory can be convicted,
notwithstanding the acquittal of the principal. (Vino Conspiracy and proposal to commit a crime are
vs. People, G.R. No. 84163) only preparatory acts, and the law regards them
as innocent or at least permissible except in rare
(PLEASE SEE SPL REVIEWER, ANTI-FENCING and exceptional cases.
LAW AND THE DECREE PENALIZING
OBSTRUCTION OF JUSTICE, READ IN WHEN CONSPIRACY AND PROPOSAL TO
RELATION TO THE TOPIC ON ACCESSORIES) COMMIT FELONY ARE PUNISHABLE
General Rule: Conspiracy and proposal to commit
PERSONS EXEMPT FROM CRIMINAL LIABILITY felony are not punishable.
Art. 20. Accessories who are exempt from Exception: They are punishable only in the cases
criminal liability. — The penalties prescribed for in which the law specially provides a penalty
accessories shall not be imposed upon those therefor, such as:
who are such with respect to their spouses, 1. Treason;
ascendants, descendants, legitimate, natural, 2. Rebellion;
and adopted brothers and sisters, or relatives by 3. Insurrection;
affinity within the same degrees, with the single 4. Coup d’etat;
exception of accessories falling within the 5. Sedition;
provisions of paragraph 1 of the next preceding 6. Monopolies and combinations in
article. restraint of trade;
7. Espionage;
8. Highway robbery;
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9. Illegal association; CONSPIRACY

10. Selected acts committed under the Exists when two or more persons come to an
Comprehensive Dangerous Drugs Act; agreement concerning the commission of a felony
11. Arson; and and decide to commit it. (Art. 8, RPC)
12. Terrorism under the Human Security Act of
2007 (now the Anti-Terrorism Act of 2020) Conspiracy arises on the very instant the plotters
agree, expressly or impliedly, to commit the felony
Conspiracy as a Felony vs. Conspiracy as a and forthwith decide to pursue it. Once this assent
Means of Incurring Criminal Liability is established, each and every one of the
FELONY MANNER OF conspirators is made criminally liable for the crime,
INCURRING CRIMINAL committed by anyone of them. (People vs. Monroy,
LIABILITY et al., G.R. No. L-11177)
Mere act of agreeing Conspiracy assumes
to commit a crime and importance only with REQUISITES:
deciding to commit it respect to determining 1. Two or more persons came to an agreement;
is already punishable, the liability of the 2. The agreement pertains to the commission
but only in cases perpetrators charged of a felony; and
where the law with the crime (De Lima 3. The execution of the felony was decided
specifically penalizes vs. Guerrero, supra) upon.
such act and provides
a penalty therefor (De Unity of Purpose
Lima vs. Guerrero, It is fundamental for conspiracy to exist that there
G.R. No. 229781) must be unity of purpose and unity in the execution
Conspirators are Conspirators are of the unlawful objective. It must be shown to exist
criminally liable for collectively liable for the as clearly and convincingly as the commission of the
agreeing and deciding crime committed in offense itself. Obedience to a command does not
to commit a crime accordance with their necessarily show concert of design, for at any rate it
(Campanilla, Criminal agreement provided that is the acts of the conspirators that show their
Law Reviewer they performed an act in common design. (People v. Dorico, G.R. No. L-
Volume I) furtherance of conspiracy 31568)
to commit it. (Campanilla,
Criminal Law Reviewer Unity of purpose and intention in the
Volume I) commission of the crime is shown in the
The conspirators Even if the conspiracy following cases:
should not actually relates to any of the a. Spontaneous agreement at the moment of the
commit treason, coup crimes of treason, commission of the crime is sufficient to create
d'etat rebellion or rebellion and sedition, joint responsibility.
sedition. It is sufficient but any of them is b. Active cooperation by all the offenders in the
that two or more actually committed, the perpetration of the crime will also create joint
persons agree and conspiracy is not a responsibility.
decide to commit separate offense; it is c. Contributing by positive acts to the realization of
treason, rebellion or only a manner of a common criminal intent also creates joint
sedition. (Reyes, incurring criminal liability, responsibility.
Book I) that is, all the d. Presence during the commission of the crime by
conspirators who carried a band and lending moral support thereto, also
out their plan and create joint responsibility with the material
personally took part in its executors.
execution are equally e. Where one of the accused knew of the plan of
liable. The offenders are the others to kill the two victims and he
liable for treason, accepted the role assigned to him, which was to
rebellion, or sedition, as shoot one of the victims, and he actually
the case may be, and the performed that role, he is a co-principal by direct
conspiracy is absorbed. participation in the double murder. (Reyes,
(Reyes, Book I) Book I)
Spontaneous Agreement
a. Active cooperation by all offenders;
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b. Contributing by positive acts to the realization of same criminal objective. (People v. Agudez, G.R.
a common criminal intent; and Nos. 188386-87)
c. Presence during the commission of the crime by
a band and lending moral support thereto. When the defendants by their acts aimed at the
same object, one performing one part and the other
Liability of conspirators performing another part so as to complete it, with a
a. General Rule: When conspiracy as a manner view to the attainment of the same object and their
of incurring criminal liability is established, all acts, though apparently independent, were in fact
who participated therein, irrespective of the concerted and cooperative, indicating closeness of
quantity or quality of his participation is liable personal association, concerted action and
equally, whether conspiracy is pre-planned or concurrence of sentiments, the court will be justified
instantaneous. in concluding that said defendants were engaged in
b. Exception: Unless one or some of the a conspiracy. (People vs. Geronimo, G.R. No. L-
conspirators committed some other crime which 35700)
is not part of the intended crime.
c. Exception to the exception: When the act Simultaneity in attacking the victim is indicative of
constitutes a “single indivisible offense” implied conspiracy. (People v. Lindo, G.R. No.
184506). But there is no implied conspiracy if the
Under the doctrine of imputability, the act of an simultaneity of the attacks by several accused was
offender is imputable to his co-conspirator although just a reflex response or spontaneous reaction: to a
they are nor similarly situated in relation to the object sudden discovery of cheating in a gambling by the
of the crime. (Campanilla, Criminal Law Reviewer victim (1968 Bar Exam), or to the shooting of the
Volume I) companion of the accused by the victim (1992 Bar
Exam), or to commission of robbery by the victim.
If there is community of design, the accused is liable (1977 Bar Exam)
as principal by indispensable cooperation or as an
accomplice depending upon the extent of his
Proof of conspiracy
participation. If he performed previous or
While it is true that the elements of conspiracy
simultaneous acts that are not indispensable to the
must be proved by the same kind of proof (proof
commission of the crime, he is liable as an
beyond reasonable doubt) necessary to establish
accomplice. If he cooperated in the commission of
the physical acts constituting the crime itself, this
the offense by another act without which it would not
is not to say that direct proof of such conspiracy is
have been accomplished, he is liable as principal by
always required. The existence of conspiracy
indispensable cooperation. If the act is subsequent
need not, at all times, be established by direct
to the commission of the crime, it cannot be
evidence. Nor is it necessary to prove prior
considered as an indispensable cooperation.
agreement between the accused to commit the
(Campanilla, Criminal Law Reviewer Volume I; 1966
crime charged. Indeed, conspiracy is very rarely
Bar Exam)
proved by direct evidence of an explicit agreement
to commit the crime. Thus, the rule is well-settled
There must be participation with a criminal that conspiracy may be inferred from the conduct
resolution because simple knowledge thereof by a of the accused before, during and after the
person may only make him liable as an accomplice.
commission of the crime, where such conduct
reasonably shows community of criminal purpose
Express Conspiracy or design. (People v. Solar y Dumbrique, G.R. No.
Conspiracy proven by direct evidence is called 225595, J. CAGUIOA)
express conspiracy. But direct proof of conspiracy is
rarely found; for criminals do not write down their
lawless plans and plots. (Angeles v. CA, G.R. No. PROPOSAL TO COMMIT A FELONY
101442) When the person who has decided to commit a
felony proposes its execution to some other person
Implied Conspiracy or persons. (Art. 8, RPC)
Conspiracy may be established by circumstantial
evidence. This is called implied conspiracy. Implied The law does not require that the proposal be
conspiracy may be proven through the collective accepted by the person to whom the proposal is
acts of the accused, before, during and after the made.
commission of a felony, all the accused aiming at
the same object, one performing one part and
another performing another for the attainment of the
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REQUISITES: "Previously convicted by final judgment."

1. A person has decided to commit a felony; The accused was prosecuted and tried for theft,
and estafa and robbery. Judgments for three offenses
2. He proposes its execution to some other were read on the same day. Is he a recidivist? No,
person or persons because the judgment in any of the first two offenses
was not yet final when he was tried for the third
There is no criminal proposal when: offense. (Reyes, Book I)
a. The person who proposes is not determined to
commit the felony; The present crime and the previous crime must
b. There is no decided, concrete and formal be "embraced in the same title of this Code."
proposal; and When one offense is punishable by an ordinance or
c. It is not the execution of the felony that is special law and the other by the RPC, the two
proposed. offenses are not embraced in the same title of the
Code. (Id)
c. Multiple Offenders There is recidivism even if the lapse of time

between two felonies is more than 10 years.
4 Forms of Repetition: Recidivism must be taken into account no matter
a. Recidivism (Art. 14, par. 9); how many years have intervened between the first
b. Reiteracion or habituality (Art. 14, par. 10); and second felonies.(People v. Colocar, G.R. No.
c. Multi-recidivism or habitual delinquency (Art. 40871)
62, par. 5); and
d. Quasi-recidivism (Art. 160) ii. HABITUALITY
(REITERACION)
i. RECIDIVISM
REITERACION
RECIDIVIST There is reiteracion when the offender has been
A recidivist is one who, at the time of his trial for one previously punished for an offense to which the law
crime, shall have been previously convicted by final attaches an equal or greater penalty or for two or
judgment of another crime embraced in the same more crimes to which it attaches a lighter penalty.
title of the RPC. (People v. Lagarto, G.R. No. 65833) (Art. 14, RPC)
REQUISITES: REQUISITES:
1. The offender is on trial for an offense; 1. The accused is on trial for an offense;
2. He was previously convicted by final 2. He previously served sentence for another
judgment of another crime; offense to which the law attaches an equal
3. Both the first and the second offenses are or greater penalty, or for 2 or more crimes
embraced in the same title of the code; and to which it attaches lighter penalty than
4. The offender is convicted of the new that for the new offense; and
offense. 3. He is convicted of the new offense.
“At the time of his trial for one crime” “Previously punished”
What is controlling is the time of trial, not the time of The phrase "previously punished" employed in
the commission of the crime. It is not required that defining reiteracion means that the accused has
at the time of the commission of the crime, the served out the sentence for his previous crime.
accused should have been previously convicted by (Campanilla, Criminal Law Reviewer Volume I)
final judgment of another crime. (Reyes, Book I)
Previous crime and present crime
It is meant to include everything that is done in the If there is only one prior offense, it must be
course of the trial, from arraignment until after the punishable by a penalty equal or greater than that
sentence is announced by the judge in open court. for the present crime. The penalty for the previous
(People v. Lagarto, G.R. No. 65833) crime of homicide, which has been served out, is
reclusion temporal while that for simple rape is
However, recidivism can still be appreciated even if reclusion perpetua. There is no reiteracion because
before his trial for the present crime, he was the penalty for the previous crime of homicide is
convicted by final judgment of his previous crime. lesser than that for simple rape. (People v. Race, Jr.,
(People v. Bernal, G.R. No. 44988) G.R. No. 93148)
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If there is more than one prior crime, reiteracion is previous crime for which she is placed under
present even if previous crimes are punishable by a probation. (People v. Salazar, G.R. No. 98060)
penalty lesser than that for present crime. Thus,
there is reiteracion even if the penalties for grave If the pardon is absolute, the criminal liability is
slander, qualified trespass to dwelling and robbery, extinguished, and thus, the penalty is considered as
which have been served out, are lesser than that for served out. One who committed a crime after the
the crime of murder. (People v. Molo, G.R. No. L- grant of absolute pardon is not a quasi-recidivist. But
44680) reiteracion may be appreciated. (Campanilla,
Criminal Law Reviewer Volume I)
In appreciating reiteracion, what is controlling is the
penalty prescribed by law for the previous and While serving sentence, there is quasi-
present crimes and not the penalty actually imposed recidivism:
by the court after trial. (Campanilla, Criminal Law 1. Where the convicted prisoner killed the victim
Reviewer Volume I) inside the New Bilibid Prison (People v. Alvis,
G.R. No. L-89049); or
Recidivism and Reiteracion 2. Where the convicted prisoner escaped from a
If the crimes are embraced in the same Title such as penal colony, and then committed robbery with
homicide and maltreatment, the aggravating homicide. (People v. Retania, G.R. No. L-
circumstance to be appreciated against him is 84841)
recidivism rather than reiteracion. There is no
reiteracion because that circumstance requires that Quasi-recidivism vs. Reiteracion
the previous offenses should not be embraced in the Quasi-recidivism cannot at the same time constitute
same Title of the Code. In reiteracion, the offender reiteracion since the former exists before accused
commits a crime different from that for which he was begins to serve sentence or while serving the same
previously convicted. (People v. Real, G.R. No. while the latter exists after accused has duly served
98436) sentence, hence this aggravating circumstance
cannot apply to a quasi-recidivist.
iii. QUASI-RECIDIVISM
iv. MULTI-RECIDIVISM or
QUASI-RECIDIVIST HABITUAL
Any person, who shall commit a felony after having DELINQUENCY
been convicted by final judgment, before beginning
to serve such sentence, or while serving the same, HABITUAL DELINQUENCY
shall be considered as a quasi-recidivist. (Art. 160, There is habitual delinquency when a person, within
RPC) a period of 10 years from the date of his release or
last conviction of the crimes of (1) serious or less
As an extraordinary aggravating circumstance serious physical injuries, (2) robbery, (3) theft, (4)
Quasi-recidivism is an extraordinary aggravating estafa or (5) falsification, is found guilty of any of
circumstance and cannot be offset by an ordinary said crimes a third time or oftener. (Art. 62, RPC)
mitigating circumstance. (Peoole v. Macariola, G.R.
No. L-40757) In habitual delinquency, the offender is either a
recidivist or one who has been previously punished
Previous and present crime for two or more offenses. He shall suffer an
Quasi-recidivism will be appreciated regardless of additional penalty for being a habitual delinquent.
whether the previous crime, for which an accused is (Reyes, Book I)
serving sentence at the time of the commission of
the crime charged, falls under the RPC or under REQUISITES:
special law. (People v. Aticia, G.R. No. L-88176) 1. The offender had been convicted of any of
the crimes of serious or less serious
Before serving sentence physical injuries, robbery, theft, estafa or
One who committed a crime outside of prison before falsification;
he begins to serve his sentence for homicide is a 2. After that conviction or after serving his
quasi-recidivist. (1968 and 1988 Bar Exams) sentence, and within 10 years from his first
If the accused is placed on probation, the conviction conviction or release, he again commits any
shall become final but the service of sentence shall of said crimes for the second time; and
be suspended. One who committed a crime while on 3. After his conviction of, or after service
probation is a quasi-recidivist because the crime sentence for, the second offense, and within
was committed before serving her sentence for the 10 years from his last conviction or last
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release for said second offense, he again Stages of execution

committed any of said crimes and also Habitual delinquency is applicable to the crimes
convicted, the third time or oftener. mentioned in the law regardless of the stage of
execution. (People vs. Abuyen, G.R No. 30664)
The crimes are specified in habitual delinquency
If A was convicted of and served sentence for theft Accomplice and accessories
in 1935; after his release he committed homicide Habitual delinquency applies to accomplices and
(Art. 249), was convicted in 1937, and was released accessories of habitual delinquency crimes. (People
in 1951; and in 1957 was convicted of rape (Art. vs. San Juan, G.R. No. L–46896)
335); he is not a habitual delinquent even if he was
convicted the third time. Homicide and rape are not Recidivism and Habitual Delinquency
mentioned in the definition of habitual delinquency. One who is convicted of robbery with homicide and
(Molesa vs. Director of Prisons, G.R. No. L-39998) was previously convicted for theft three times is a
recidivist and habitual delinquent at the same time.
Computation of ten-year period These habitual delinquency crimes are embraced in
With respect to the period of 10 years, the law the same Title of the RPC on crimes against
expressly mentions the defendant's last conviction property. Both circumstances of recidivism and
or (last) release as the starting point from which the habitual delinquency shall be appreciated against
ten-year period should be counted. him since the effects thereof are not inconsistent
with each other. The effect of recidivism is the
Subsequent crime must be committed AFTER application of the penalty for theft in its maximum
CONVICTION of former crime period; while the effect of habitual delinquency is the
In order that an accused may be legally deemed a imposition of a penalty in addition to the principal
habitual criminal, it is necessary that he committed penalty for theft. (1988 & 2001 Bar Exams)
the second crime after his conviction of, or after
service of sentence for, the first crime; that he However, while recidivism will aggravate the
committed the third crime after his conviction of, or principal penalty for theft, it cannot aggravate the
after service of sentence for, the second crime; the additional penalty for habitual delinquency because
fourth crime, after his conviction of, or after service recidivism is inherent in habitual delinquency.
of sentence for, the third crime, etc. (People vs. (People v. Manalo, G.R. No. L-8586)
Santiago, G.R. No. L-45367)
Can a convict be a habitual delinquent without being
Effects of Habitual Delinquency a recidivist? Yes, when no two of the crimes
a. The law imposes an additional penalty based committed are embraced in the same title of the
on the criminal propensity of the accused apart Code. (Reyes, Book I)
from that provided by law for the last crime for
which he is found guilty. Habitual delinquency
is not, however, a crime in itself; it is only a
factor in determining the total penalty.
(Campanilla, Criminal Law Reviewer Volume I)
b. An accused who is a habitual delinquent will
not benefit from a favorable retroactive
application of a penal law. (Art. 22, RPC)
c. In case of the commission of another crime
during service of penalty, a habitual delinquent
shall not be pardoned at the age of 70 years
even if he already served out his original
sentence. (Art. 160, RPC).
d. A habitual delinquent will not be entitled to the
1/2 deduction from term of imprisonment under
Art. 29.
e. The Indeterminate Sentence Law shall not
apply to those who are habitual delinquents.
(Sec. 2, Act No. 4103)
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HABITUAL DELINQUENCY V. RECIDIVISM

HABITUAL DELINQUENCY RECIDIVISM
AS TO CRIMES COMMITTED
The crimes are specified. The accused on the date of his trial must have been
previously convicted by final judgment of another
crime embraced in the same title of the Code;
AS TO THE PERIOD OF TIME THE CRIMES ARE COMMITTED
The offender found guilty of any of the crimes No period of time between the former conviction and
specified within 10 years from his last release or the last conviction is fixed by law.
last conviction.
AS TO THE NUMBER OF CRIMES COMMITTED
The accused must be found guilty the third time or A second conviction is sufficient.
oftener.
AS TO THEIR EFFECTS
If there is habitual delinquency, an additional If not offset by a mitigating circumstance, serves to
penalty is also imposed. increase the penalty only to the maximum.
HABITUAL DELINQUENCY V. HABITUALITY/REITERACION

HABITUAL DELINQUENCY HABITUALITY/REITERACION
A final judgment has been rendered in the first It is necessary that the offender shall have served out
offense. his sentence for the first offense.
The offenses must be included in the same title of The previous and subsequent offenses must not be
the Code. embraced in the same title of the Code.
Always taken as an aggravating circumstance. Not always an aggravating circumstance.
RECIDIVISM VS. REITERACION VS. HABITUAL DELINQUENCY VS. QUASI-RECIDIVISM

RECIDIVISM HABITUALITY or HABITUAL DELINQUENCY QUASI-RECIDIVISM
REITERACION
AS AN AGGRAVATING CIRCUMSTANCE
Generic aggravating Generic aggravating Extraordinary aggravating Special aggravating
circumstance circumstance circumstance circumstance
AS TO CRIMES COMMITTED
Crimes involved Involves any crime. Crimes are specified (serious or Involves any crime.
must be embraced less serious physical injuries, Second offense must
in the same title of robbery, theft, estafa, or be a felony, while the
the falsification). first offense need not
Code. be.
AS TO THE PERIOD OF THE CRIMES ARE COMMITTED
Offender is on trial Offender previously After conviction and serving out Offender has been
for an offense and is served sentence for his sentence, offender is convicted convicted of an offense
subsequently another offense to again of any of the second crimes and commits another
convicted of the new which the law and that after conviction and felony before or during
crime. attaches an equal or serving out his sentence for the serving sentence.
greater penalty, or for second crime, offender again
two or more crimes to committed and was convicted
which it attaches within 10 years from his last
lighter penalty than sentence or conviction of any of
that for the new the crimes specified the third time
offense. or oftener.
AS TO THEIR EFFECTS
A generic A generic An extraordinary aggravating A special aggravating
aggravating aggravating circumstance (imposes an circumstance.
circumstance. circumstance. additional penalty).
—end of topic—
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4. PENALTIES
The retroactive effect of criminal statutes does NOT
PENALTY apply to the culprit’s civil liability.
The suffering that is inflicted by the State for the
transgression of the law. Criminal liability under the repealed law subsists:
1. When the provisions of the former law are
a. Imposable Penalties reenacted; or
2. When the repeal is by implication; or
EX POST FACTO LAWS 3. When there is a saving clause. (U.S. v. Cuna, 12
General Rule: A felony shall be punishable only by Phil. 241; Wing vs. U.S., 218 U.S. 272)
the penalty prescribed by law at the time of its
commission. The right to punish offenses committed under an old
penal law is not extinguished if the offenses are still
Art. 21 implements the constitutional prohibition punished in the repealing penal law. (People v.
against ex post facto laws. It reflects the maxim that Rosenthal, 68 Phil. 328)
there is no crime without a penalty and that there is
no penalty without a law (nullum crimen sine poena; The repeal of penal law which impliedly repealed
nulla poena sine lege). an old penal law revives the old law
When a penal law, which impliedly repealed an old
Exception: As provided in Art. 22, ex post facto laws law, is itself repealed, the repeal of the repealing law
are allowed if favorable to the accused. revives the prior penal law, unless the language of
the repealing statute provides otherwise. (Reyes,
Book I)
PROSPECTIVITY
General Rule: Penal laws are applied prospectively.
ACT PROHIBITING THE IMPOSITION OF DEATH
Exception: When retrospective application will be PENALTY IN THE PHILIPPINES (R.A. 9346)
favorable to the person guilty of a felony, provided Currently, the imposition of the death penalty has
that: been prohibited pursuant to R.A. No. 9346.
1. The offender is NOT a habitual criminal
(delinquent) under Art. 62(5), RPC; and
2. The new or amendatory law does NOT provide b. Classification
against its retrospective application.
CLASSIFICATION ACCORDING TO
No retroactive effect of penal laws as regards SUBJECT-MATTER
jurisdiction of court
Jurisdiction of the court to try a criminal action is to a. Corporal (death)
be determined by the law in force at the time of b. Deprivation of freedom (reclusion, prision,
instituting the action, not at the time of the arresto);
commission of the crime. c. Restriction of freedom (destierro);
d. Deprivation of rights (disqualification and
Jurisdiction of courts in criminal cases is determined suspension); and
by the allegations of the complaint or information, and e. Pecuniary (fine).
not by the findings the court may make after trial.
(People v. Romualdo, G.R. No. L- 3686) CLASSIFICATION ACCORDING TO
THEIR GRAVITY
HABITUAL DELINQUENT
A person who within a period of 10 years from the
a. Capital;
date of his release or last conviction of the crimes of
b. Afflictive;
serious or less serious physical injuries, robbery,
c. Correctional; and
theft, estafa, or falsification, is found guilty of any said
d. Light.
crimes a third time or oftener.
If retroactive effect of a new law is justified, it shall Art. 25, RPC classifies penalties into:
apply to the defendant even if he is: 1. Principal penalties – Those expressly imposed
a. Presently on trial for the offense; by the court in the judgment of conviction.
b. Has already been sentenced but service of 2. Accessory penalties – Those that are deemed
which has not begun; or included in the imposition of the principal
c. Already serving sentence. penalties.
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PRINCIPAL PENALTIES computing the period for the prescription of crimes

1. Capital Punishment (Art. 90)
a. Death (now prohibited under R.A. No.
9346). Where the fine in question is exactly P200 under Art.
2. Afflictive Penalties 9, it is a light felony, hence, the felony involved is a
a. Reclusion perpetua; light felony; whereas under Art. 26, it is a correctional
b. Reclusion temporal; penalty; hence, the offense involved is a less grave
c. Perpetual or temporary absolute felony.
disqualification;
d. Perpetual or temporary special It has been held that this discrepancy should be
disqualification; and resolved liberally in favor of the accused, hence Art.
e. Prision mayor. 9 prevails over Art. 26. (People v. Yu Hai, G.R. No.
3. Correctional Penalties L-9598) But according to Justice Regalado there is
a. Prision correccional; no such discrepancy. What is really in issue is the
b. Arresto mayor; prescription of the offense vis-à-vis the prescription
c. Suspension; and of the penalty, the former being the forfeiture of the
d. Destierro. right of the State to prosecute the offender and the
4. Light Penalties latter being the loss of its power to enforce the
a. Arresto menor; and judgment against the convict.
b. Public censure.
5. Penalties Common to the 3 preceding classes: In determining the prescription of crimes, apply Art. 9
a. Fine; and (P40,000 fine is light felony).
b. Bond to keep the peace.
In determining the prescription of penalty, apply Art.
Principal penalties may be classified as: 26 (P200 fine prescribes in 10 years).
1. Divisible penalties – Those that have fixed
duration and are divisible into 3 periods. Public Censure
2. Indivisible penalties – Those which have no Imposed in Arts. 200, 211, 266 and 365.
fixed duration.
a. Death; c. Duration And Effect
b. Reclusion Perpetua;
c. Perpetual absolute or special DURATION
disqualification; and PENALTY DURATION
d. Public censure. Reclusion 20 years and 1 day to 40 years
Perpetua
Bond to Keep the Peace Reclusion 12 years and 1 day to 20 years
a. Afflictive – if it exceeds P1,200,000; Temporal
b. Correctional – P40,000 to P1,200,000; and Prision Mayor 6 years and 1 day to 12 years,
c. Light – less than P40,000. and temporary except when the penalty of
disqualification disqualification is imposed as
Imposed only in the crime of threats (Art. 284), an accessory penalty, in which
either grave (Art. 282) or light (Art. 283). case, its duration shall be that
of the principal penalty
Fine (Art. 26, RPC) Prision 6 months and 1 day to 6 years,
a. Afflictive – if it exceeds P1,200,000; correccional, except when suspension is
b. Correctional –P40,000 to P1,200,000; and suspension, imposed as an accessory
c. Light – less than P40,000. and destierro penalty, in which case, its
duration shall be that of the
Art. 26, RPC determines the classification of a fine principal penalty
whether imposed as a single (e.g. fine of P200 to Arresto mayor 1 month and 1 day to 6 months
P6000) or as an alternative (e.g. penalty is arresto Arresto menor 1 day to 30 days
mayor OR a fine ranging from P200 to P1000) Bond to keep Such period of time as the court
penalty for a crime. the peace may determine
The rule does not apply where the fine involved is in DESTIERRO
a compound penalty, that is, it is imposed in
Destierro is a principal, correctional, and divisible
conjunction with another penalty. In this case, the penalty.
highest penalty shall be made the basis for
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Cases when destierro is imposed: 3. Rule No. 3 the duration of other penalties –
1. Serious physical injuries or death under The duration is from the day on which the
exceptional circumstances (Art. 247); offender commences to serve his sentence.
2. In case of failure to give bond for good behavior
(Art. 284); Applies in cases of:
3. As a penalty for the concubine in concubinage a. Penalties consisting in deprivation of
(Art. 334); and liberty and the offender is undergoing
4. In cases where after reducing the penalty by one preventive imprisonment; but the
or more degrees, destierro is the proper penalty. offender is entitled to a deduction of full
time or 4/5 of the time of his detention.
Reclusion Perpetua vs. Life Imprisonment b. Temporary penalties and the offender is
RECLUSION LIFE not under detention, because the
PERPETUA IMPRISONMENT offender has been released on bail.
The RPC does not
prescribe the penalty of The service of a sentence of one in prison begins
life imprisonment for any only on the day the judgment of conviction becomes
of the felonies therein final. (Baking v. Director of Prisons, G.R. No. L-
defined, that penalty 30603)
being invariably imposed
for serious offenses If the accused, who was in custody, appealed, his
penalized not by the service of sentence should commence from the date
RPC, but by special law. of the promulgation of the decision of the appellate
Reclusion perpetua Does not appear to have court, not from the date the judgment of the trial court
entails imprisonment any definite extent or was promulgated. (Ocampo v. CA, 97 Phil. 949)
for at least thirty (30) duration.
years after which the EFFECTS
convict becomes
eligible for pardon Effects of the penalties of perpetual or temporary
Carries with it Does not carry with it any absolute disqualification (Art. 30, RPC)
accessory penalties accessory penalty, 1. Deprivation of the public offices and
employments which the offender may have held,
COMPUTATION OF PENALTIES even if conferred by popular election;
2. Deprivation of the right to vote in any election for
Rules observed by the Director of Prisons or the any popular elective office or to be elected to
warden in computation of penalties imposed such office;
upon the convicts: 3. Disqualification for the offices or public
1. Rule No. 1 when the offender is in prison – employments and for the exercise of any of the
The duration of temporary penalties is from the rights mentioned; and
day on which the judgment of conviction 4. Loss of all rights to retirement pay or other
becomes final, and not from the day of his pension for any office formerly held.
detention.
Perpetual absolute disqualification
Applies in cases of temporary penalties (e.g. Effective during the lifetime of the convict and even
temporary absolute disqualification, temporary after the service of the sentence.
special disqualification, and suspension) and the
offender is under detention (as when he is Temporary absolute disqualification
undergoing preventive imprisonment) General Rule: Lasts during the term of the
sentence; removed after the service of the same.
2. Rule No. 2 when the offender is not in prison Exceptions:
– The duration of penalties consisting in 1. Deprivation of the public office or employment
deprivation of liberty is from the day that the (effect no.1); and
offender is placed at the disposal of judicial 2. Loss of all rights to retirement pay or other
authorities for the enforcement of the penalty. pension for any office formerly held (effect no.
4).
Applies in cases of penalties consisting in
deprivation of liberty (e.g. imprisonment and
destierro) and the offender is not in prison.
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Effects of the penalties of perpetual or temporary Civil interdiction is an accessory penalty to the
special disqualification (Art. 31, RPC) following principal penalties:
1. Deprivation of the office, employment, 1. If death penalty is commuted to life
profession or calling affected; and imprisonment;
2. Disqualification for holding similar offices or 2. Reclusion perpetua; and
employments perpetually or during the term of 3. Reclusion temporal.
the sentence
Effects of bond to keep the peace (Art. 35, RPC)
Effects of the penalties of perpetual or temporary 1. Offender must present 2 sufficient sureties who
special disqualification for the exercise of the shall undertake that the offender will not commit
right of suffrage (Art. 32, RPC) the offense sought to be prevented, and that in
1. Deprivation of the right to vote or to be elected case such offense be committed they will pay the
to any public office; and amount determined by the Court; or
2. Cannot hold any public office during the period 2. Offender must deposit such amount with the
of disqualification. Clerk of Court to guarantee said undertaking; or
3. Offender may be detained, if he cannot give the
Either principal or accessory bond, for a period not to exceed 6 months if
Perpetual or temporary absolute disqualification, prosecuted for grave or less grave felony, or for
perpetual or temporary special disqualification, and a period not to exceed 30 days, if for a light
suspension may be principal or accessory penalties, felony.
because they are formed in the two general classes.
(Reyes, Book I) Bail Bond vs. Bond to Keep the Peace
Bail bond is posted for the provisional release of a
Art. 236, punishing the crime of anticipation of duties person arrested for or accused of a crime. Bond to
of a public office, provides for suspension as a keep the peace or for good behavior is imposed as
principal penalty. a penalty in threats
Arts. 226, 227 and 228, punishing infidelity of public d. Application and Graduation of
officers in the custody of documents, provide for Penalties
temporary special disqualification as a principal
penalty. General Rule: The penalty prescribed by law in
general terms shall be imposed:
Effects of the penalties of suspension from any 1. Upon the principals; and
public office, profession, or calling, or the right of 2. For consummated felony. (Art. 46, RPC)
suffrage (Art. 33, RPC)
1. Disqualification from holding such office or Exception: When the law fixes a penalty for the
exercising such profession or calling or right of frustrated or attempted felony in cases where law
suffrage during the term of the sentence; and considers that the penalty lower by 1 or 2 degrees
2. If suspended from public office, the offender corresponding to said acts of execution is not
cannot hold another office having similar proportionate to the wrong done. (Reyes, Book I)
functions during the period of suspension.
GRADUATION OF PENALTIES
Effects of civil interdiction (Art. 34, RPC) The graduation of penalties refers to:
1. Deprivation of the rights of parental authority or 1. By degree:
guardianship of any ward; a. Stages of execution (consummated,
2. Deprivation of marital authority; frustrated, attempted); and
3. Deprivation of the right to manage his property b. Degree of the criminal participation of the
and of the right to dispose of such property by offender (principal, accomplice,
any act or any conveyance inter vivos; accessory).
4. But he can dispose of such property by will or 2. By period:
donation mortis causa; and a. Minimum, medium, and maximum refer to
5. He can also manage or dispose of his property the proper period of the penalty, which
by acts inter vivos, if done in his behalf by a should be imposed when aggravating or
judicial guardian appointed for him as an mitigating circumstances attend the
“incompetent.” (Sec. 2, Rule 92, ROC) commission of the crime
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Graduated scales for lowering of penalties (Art. upon such terms and conditions as may be
71, RPC) prescribed by the Board. (Reyes, Book I)
1. Reclusion perpetua
2. Reclusion temporal This Act shall not apply:
3. Prision mayor 1. To persons convicted of offenses punished with
4. Prision correccional death penalty or life imprisonment;
SCALE
5. Arresto mayor 2. To those convicted of treason, conspiracy or
No. 1
7. Destierro proposal to commit treason;
8. Arresto menor 3. To those convicted of misprision of treason,
9. Public censure rebellion, sedition or espionage;
10. Fine 4. To those convicted of piracy;
1. Perpetual absolute disqualification 5. To those who are habitual delinquents;
2. Temporary absolute 6. To those who shall have escaped from
disqualification confinement or evaded sentence;
3. Suspension from public office, the 7. To those who having been granted conditional
SCALE pardon by the Chief Executive shall have
right to vote and be voted for, and
NO. 2 violated the terms thereof;
the right to follow a profession or
calling 8. To those whose maximum term of imprisonment
4. Public censure does not exceed 1 year; nor
5. Fine 9. To those already sentenced by final judgment at
the time of approval of this Act. (Sec. 2, ISL)
Art. 71 provides for the scales which should be
observed in graduating the penalties by degrees in Purpose: To uplift and redeem valuable human
accordance with Art. 61. material and prevent unnecessary and excessive
deprivation of liberty and economic usefulness.
Illustration: (People v. Ducosin, G.R. No. L-38332)
max Penalty
Arresto med prescribed by law e. Accessory Penalties
Mayor min One degree
max lower Accessory penalties
Destierro med Two degrees Those that are deemed included in the imposition of
min lower the principal penalties.
The penalty two degrees lower from arresto
mayor in its medium and maximum periods is a. Perpetual or temporary absolute
destierro in its minimum and medium periods. disqualification,
b. Perpetual or temporary special disqualification,
c. Suspension from public office, the right to vote
and be voted for, the profession or calling.
INDETERMINATE SENTENCE LAW (ISL)
d. Civil interdiction,
e. Indemnification,
Application on the imposed sentence
f. Forfeiture or confiscation of instruments and
The court must, instead of a single fixed penalty, proceeds of the offense,
determine two penalties, referred to in the
g. Payment of costs. (Art. 25, RPC)
Indeterminate Sentence Act as the "MAXIMUM" and
"MINIMUM" terms. (Reyes, Book I)
Accessory penalties need not be expressly
imposed as they are deemed imposed
The prisoner must be sentenced to imprisonment for
a period which is not more than the maximum and Art. 73 provides that whenever the courts shall
impose a penalty which, by provision of law, carries
not less than the minimum.
with it other penalties, it must be understood that the
necessary penalties are also imposed upon the
Whenever any prisoner shall have served the
minimum penalty imposed on him, and it shall appear convict.
to the Board of Indeterminate Sentence that such
prisoner is fitted for release, said Board may
authorize the release of such prisoner on parole,
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Penalties in which other accessory penalties are Subsidiary imprisonment is a penalty since under
inherent Art. 39, it is imposed upon the accused and served
PENALTY ACCESSORY PENALTIES by him in lieu of the fine which he fails to pay on
Death, when a. Perpetual absolute account of insolvency.
not executed disqualification; and
by reason of b. Civil interdiction for 30 Where the judgment finding the accused guilty does
commutation years, if not expressly not impose subsidiary imprisonment in case of non-
or pardon remitted in the pardon. payment of fine by reason of insolvency, the court
Reclusion a. Civil interdiction for life or could not legally compel him to serve said subsidiary
perpetua and during the sentence; and imprisonment. (People v. Alapan, G.R. No. 199527)
reclusion b. Perpetual absolute
temporal disqualification, unless The imposition of a fine does not carry with it the
expressly remitted in the imposition of subsidiary imprisonment. To require
pardon of the principal the accused to suffer subsidiary imprisonment, the
penalty. court must expressly state in the judgment that the
Prision a. Temporary absolute accused is sentenced to pay “fine with subsidiary
mayor disqualification; and imprisonment in case of insolvency.” (Campanilla,
b. Perpetual special Criminal Law Reviewer, Volume I)
disqualification from
suffrage, unless expressly Subsidiary imprisonment is not an accessory
remitted in the pardon of the penalty.
principal penalty.
Prision a. Suspension from public Rules as to subsidiary imprisonment
correccional office, profession or calling, PENALTY SUBSIDIARY
and IMPOSED IMPRISONMENT
b. Perpetual special Fine only Subsidiary imprisonment
disqualification from shall not exceed 6 months, if
suffrage, if the duration of the culprit shall have been
imprisonment exceeds 18 prosecuted for a grave or less
months, unless expressly grave felony, and shall not
remitted in the pardon of the exceed 15 days, if for a light
principal penalty. felony. (Art. 39, par. 2)
Arresto Suspension of the right to hold Prision He shall remain under
office and the right of suffrage correcional or confinement until his fine is
during the term of the sentence. arresto and fine satisfied, but his subsidiary
Destierro No accessory penalties imprisonment shall not
exceed 1/3 of the term of the
sentence, and in no case
shall it continue for more than
f. Subsidiary Imprisonment 1 year. (Art. 39, par. 1)
Subsidiary penalty Note: Fraction or part of a

It is a subsidiary personal liability to be suffered by day, not counted.
the convict who has no property with which to meet Higher than No subsidiary imprisonment
the fine. prision shall be imposed (Art. 39, par.
correcional (6 3)
Subsidiary imprisonment years of
Under Art. 39 of the RPC as amended by R.A. No. imprisonment)
10159, if the convict has no property with which to Penalty imposed Subsidiary penalty shall
meet the fine, he shall be subject to a subsidiary is not to be consist in the same
personal liability at the rate of 1 day for each amount executed by deprivations as those of the
equivalent to the highest minimum wage rate confinement, but principal penalty, under the
prevailing in the Philippines at the time of the of fixed duration same rules above.
rendition of judgment of conviction by the trial court. In case the He shall pay the fine,
financial notwithstanding the fact that
A convict shall suffer subsidiary imprisonment for circumstances of the convict suffered
nonpayment of fine by reason of insolvency. the convict subsidiary personal liability
should improve therefor
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Subsidiary destierro But since the law limits the duration of the
If the principal penalty imposed is not to be executed maximum term to not more than 40 years, X will
by confinement in a penal institution, but such suffer 40 years only.
penalty is of fixed duration, the convict “shall
continue to suffer the same deprivations as those of The three-fold rule applies although the penalties
which the principal penalty consists.” (Art. 39, par. were imposed for different crimes, at different times,
4) and under separate informations. (Torres v.
Superintendent, G.R. No. 40373)
Thus, if the penalty imposed is imprisonment, the
subsidiary penalty must be imprisonment also. If the If the sentence is indeterminate, the basis of the
penalty is destierro, the subsidiary penalty must be three-fold rule is the maximum term of the sentence.
destierro also. (People v. Desierto, C.A., 45 O.G. 4542)
No subsidiary penalty in the following cases: Subsidiary imprisonment shall be excluded in

1. When the penalty imposed is higher than prision computing for the maximum duration.
correcional.
2. For failure to pay the reparation of the damage b. Probation Law
caused, indemnification of the consequential (P.D. No. 968, as amended)
damages, and the cost of the proceedings.
3. When the penalty imposed is a fine and a Probation
penalty not to be executed by confinement in a Probation is a special privilege granted by the state
penal institution and which has no fixed to a penitent qualified offender. It essentially rejects
duration. appeals and encourages an otherwise eligible
convict to immediately admit his liability and save
—end of topic— the state of time, effort and expenses to jettison an
appeal. The law expressly requires that an accused
must not have appealed his conviction before he
5. EXECUTION AND SERVICE can avail of probation. (Francisco v. Court of
Appeals, G.R. No. 108747, 1995)
a. Three-Fold Rule
It is a disposition under which a defendant, after
Three-Fold Rule (Art. 70, RPC) conviction and sentence, is released subject to
If an accused has to serve more than 3 sentences, conditions imposed by the court and to the
he cannot be sentenced to more than 3 times the supervision of a probation officer.
most severe penalty that may be imposed on him for
the various crimes he might have committed. When applied for
Probation is applied for after conviction and
40-Year Limitation Rule sentencing of a defendant for a probationable
Art. 70 provides that the maximum duration of the penalty and upon application within the period of
convict' s sentence shall not be more than three-fold perfecting an appeal.
the length of time corresponding to the most severe
of the penalties imposed upon him. No other penalty General Rule: A perfected appeal from the
to which he may be liable shall be inflicted after the judgment of conviction bars the grant of the privilege
sum total of those imposed equals the said of probation. The remedies of appeal and probation
maximum period. Such maximum period shall in no are alternative and mutually exclusive of each other.
case exceed 40 years.
Exception: Appeal for correction of a non-
Example: probationable penalty
X is sentenced to suffer:
- 14 years, 8 months and 1 day (homicide)
When a judgment of conviction imposing a non-
- 17 years, 4 months, and 1 day (in
probationable penalty is appealed or reviewed, and
another case) — most severe penalty
such judgment is modified through the imposition of
- 14 years and 8 months (third case)
a probationable penalty, the defendant shall be
- 12 years (frustrated homicide)
allowed to apply for probation based on the modified
decision before such decision becomes final. The
The most severe penalty is 17 years, 4 months,
application for probation based on the modified
and 1 day. Three times the penalty is 52 years and
decision shall be filed in the trial court where the
3 days.
judgment of conviction imposing a non-
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probationable penalty was rendered, or in the trial

court where such case has since been re-raffled. a. Those sentenced to serve a maximum term
(Colinares v. People, G.R. No. 182748, 2011) of imprisonment of more than 6 years;
b. Those convicted of subversion or any crime
Rules and effects of filing and grant/denial of against the national security;
application for probation c. Those previously convicted by final
a. Filing of application for probation operates judgment of an offense punished by
as a waiver of the right to appeal. imprisonment of more than 6 months and 1
b. If the defendant has perfected an appeal, day and/or a fine more than P1,000;
no application will be granted. d. Those once placed on probation;
c. After having convicted and sentenced a e. Those already serving sentence at the time
defendant, the trial court may suspend the the Probation Law became applicable;
execution of the sentence, and place the f. Those who have perfected an appeal;
defendant on probation, upon application g. Those who were convicted of drug
by the defendant within the period for trafficking or drug pushing under RA 9165,
perfecting an appeal. Sec. 24;
d. Probation may be granted whether the h. Those who were convicted of election
sentence imposes the penalty of offenses under the Omnibus Election
imprisonment or fine only. Code;
e. The order granting or denying probation i. If placing the offender on probation will
shall not be appealable since probation is NOT serve the end of justice or the best
not an absolute right. interest of the society and the offender
f. Accessory penalties are deemed himself;
suspended once probation is granted. j. Those guilty of malicious reporting of
g. The convict is not immediately placed on money laundering under RA 9160, as
probation. There shall be a prior amended; and,
investigation by the probation officer and a k. In order not to depreciate the crime of
determination by the court. torture (RA 9745).
Condition of grant of probation Period of probation

The probationer shall: TERM OF
DURATION
IMPRISONMENT
a. Present himself to his probation officer Penalty for crime is not Probation shall not
designated to undertake his supervision at more than 1 year exceed 2 years
a place specified in the order within 72 Penalty for crime is Probation shall not
hours from receipt of said order; more than 1 year exceed 6 years
b. Report to his probation officer at least once When penalty is a fine Probation shall be
a month at such time and place as specified and offender is made twice the total number
by said officer; and, to serve subsidiary of days of subsidiary
c. Other additional conditions that the court imprisonment imprisonment
may require as listed in Section 10 of PD
968. Arrest of Probationer
At any time during probation, the court may issue a
Grounds for denial of application for probation warrant for the arrest of a probationer for any
Application for probation shall be denied upon the serious violation of the conditions of probation, or
finding of the court that: upon commission of another offense.
a. Probation will depreciate the seriousness of The probationer, once arrested and detained, shall
the offense committed; immediately be brought before the court for a
b. There is undue risk of committing another hearing, which may be informal and summary, of the
crime during the probation period; or violation charged. The accused may be permitted
c. The offender is in need of correctional bail pending such hearing.
treatment that can be provided effectively
by his commitment to an institution. If violation is established, the court may:
a. Revoke his probation, and thus make him
Disqualified offenders serve the sentence originally imposed; or,
The benefits of the Probation Law shall not be b. Continue his probation and modify its
extended to the following persons: conditions.
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If revoked, the probationer shall serve the sentence c. being abandoned or neglected, and after
originally imposed. diligent search and inquiry, the parent or
guardian cannot be found;
Termination of Probation d. coming from a dysfunctional or broken
The court may order the final discharge of the family or without a parent or guardian;
probationer upon finding that he has fulfilled the e. being out of school;
terms and conditions of his probation. f. being a streetchild;
Effect of termination of probation Child in conflict with the law

A child who is alleged as, accused of, of adjusged
a. Case is deemed terminated. as, having committed an offense under Philippine
b. Restoration of all civil rights lost or laws.
suspended.
c. Fully discharges liability for any fine Bahay Pag-asa
imposed. It refers to a 24-hour child-caring institution
established, funded and managed by local
Probation is not coterminous with the period. There government units (LGUs) and licensed and/or
must be an ORDER issued by court discharging the accredited nongovernment organizations (NGOs)
probationer, only from issuance can the case of providing short-term residential care for children in
probationer be deemed terminated. (Bala v. conflict with the law who are above fifteen (15) but
Martinez, G.R. No. L-67301, 1990) below eighteen (18) years of age who are awaiting
court disposition of their cases or transfer to other
agencies or jurisdiction.
c. Juvenile Justice and Welfare
Part of the features of a ‘Bahay Pag-asa’ is an
Act of 2006 intensive juvenile intervention (IJISC) and
support center. This Center will be allocated for
DEFINITION OF TERMS children in conflict with the law in accordance with
Sections 20, 20-A and 20-B (children below the age
Best interest of the child of criminal responsibility, children above 12 but
It refers to the totality of the circumstances and below 15 who commit serious crimes, repeat
conditions which are most congenial to the survival, offenders) hereof. These children will be required to
protection and feelings of security of the child and undergo a more intensive multi-disciplinary
most encouraging to the child's physical, intervention program.
psychological and emotional development. It also
means the least detrimental available alternative for Multi-disciplinary team
safeguarding the growth and development of the They operate the ‘Bahay Pag-asa’, composed of a
child. social worker, a psychologist/mental health
professional, a medical doctor, an
Child educational/guidance counselor and a Barangay
It refers to a person under the age of eighteen (18) Council for the Protection of Children (BCPC)
years. member.
Child at risk Diversion

It refers to a child who is vulnerable to and at the risk An alternative, child-appropriate process of
of committing criminal offenses because of determining the responsibility and treatment of a
personal, family and social circumstances, such as, child in conflict with the law on the basis of his/her
but not limited to, the following: social, cultural, economic, psychological or
educational background without resorting to formal
a. being abused by any person through court proceedings
sexual, physical, psychological, mental,
economic or any other means and the Juvenile Justice Welfare Council
parents or guardian refuse, are unwilling, or A body attached to the DSWD chaired by an
unable to provide protection for the child; Undersecretary of the DSWD. They shall ensure the
b. being exploited including sexually or effective implementation of the JJWA
economically;
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Initial contact with the child a. The right not to be subjected to torture or
Apprehension or taking into custody of a child in other cruel, inhuman or degrading
conflict with the law by law enforcement officers or treatment or punishment;
private citizens b. The right not to be imposed a sentence of
capital punishment or life imprisonment,
Intervention without the possibility of release;
A series of activities which are designed to address c. The right not to be deprived, unlawfully or
issues that caused the child to commit an offense. It arbitrarily, of his/her liberty; detention or
may take the form of an individualized treatment imprisonment being a disposition of last
program which may include counseling, skills resort, and which shall be for the shortest
training, education, and other activities that will appropriate period of time;
enhance his/her psychological, emotional and d. The right to be treated with humanity and
psycho-social well-being. respect, for the inherent dignity of the
person, and in a manner which takes into
Recognizance account the needs of a person of his/her
An undertaking in lieu of a bond assumed by a age.
parent or custodian who shall be responsible for the e. The right to prompt access to legal and
appearance in court of the child in conflict with the other appropriate assistance, as well as the
law, when required. right to challenge the legality of the
deprivation of his/her liberty before a court
Restorative justice or other competent, independent and
A principle which requires a process of resolving impartial authority, and to a prompt
conflicts with the maximum involvement of the decision on such action;
victim, the offender and the community. It seeks to f. The right to bail and recognizance, in
obtain reparation for the victim; reconciliation of the appropriate cases;
offender, the offended and the community; and g. The right to testify as a witness in his/her
reassurance to the offender that he/she can be own behalf under the rule on examination
reintegrated into society. It also enhances public of a child witness;
safety by activating the offender, the victim and the h. The right to have his/her privacy respected
community in prevention strategies. fully at all stages of the proceedings;
i. The right to diversion if he/she is qualified
Status offenses and voluntarily avails of the same;
This refers to offenses which discriminate only j. The right to be imposed a judgment in
against a child, while an adult does not suffer any proportion to the gravity of the offense
penalty for committing similar acts. These shall where his/her best interest, the rights of the
include curfew violations; truancy, parental victim and the needs of society are all taken
disobedience and the like. into consideration by the court, under the
principle of restorative justice;
Youth Rehabilitation Center k. The right to have restrictions on his/her
It refers to a 24-hour residential care facility personal liberty limited to the minimum, and
managed by the Department of Social Welfare and where discretion is given by law to the
Development (DSWD), LGUs, licensed and/or judge to determine whether to impose fine
accredited NGOs monitored by the DSWD, which or imprisonment, the imposition of fine
provides care, treatment and rehabilitation services being preferred as the more appropriate
for children in conflict with the law. Rehabilitation penalty;
services are provided under the guidance of a l. The right to automatic suspension of
trained staff where residents are cared for under a sentence;
structured therapeutic environment with the end m. The right to probation as an alternative to
view of reintegrating them into their families and imprisonment, if qualified under the
communities as socially functioning individuals. Probation Law;
(Sec. 4) n. The right to be free from liability for perjury,
concealment or misrepresentation; and,
o. Other rights as provided for under existing
RIGHTS OF THE CHILD IN CONFLICT WITH THE
laws, rules and regulations.
LAW
Every child in conflict with the law shall have the
following rights, including but not limited to:
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MINIMUM AGE OF CRIMINAL RESPONSIBILITY the fine shall be proferred as the more
appropriate penalty;
Below 15 years old at the time of the 3. Prohibition on corporal punishment; and
commission of the offense 4. Doubts shall be resolved in favor of the
child.
Criminal liability – EXEMPT, but subject to
Intervention program Presumption of minority
The child in conflict with the law shall enjoy the
Civil liability – LIABLE presumption of minority. The child shall enjoy all the
rights of a child in conflict with the law until he/she is
A child is deemed to be fifteen (15) years of age on proven to be eighteen (18) years old or older. (Sec.
the day of the fifteenth anniversary of his/her 7)
birthdate.
Proof of age
Above 15 but below 18 years old, acting The age of a child may be determined from the
WITHOUT discernment at the time of the child's birth certificate, baptismal certificate or any
commission of the offense other pertinent documents.
Criminal liability – EXEMPT, but subject to In the absence of these documents, age may be
Intervention program based on information from the child himself/herself,
testimonies of other persons, the physical
appearance of the child and other relevant
Civil liability – LIABLE
evidence. In case of doubt as to the age of the child,
it shall be resolved in his/her favor. (Sec. 7)
Above 15 but below 18 years old, acting WITH
discernment at the time of the commission of If child taken into custody is 15 years or below
the offense The authority which will have initial contact with the
child, in consultation with the local social welfare
Criminal liability – Diversion and development officer, has the duty to
immediately release the child to the custody of
Civil liability – LIABLE his/her parents or guardian, or in the absence
thereof, the child’s nearest relative.
Above 18 years old at the time of the
commission of the offense The child shall be subjected to a community-based
intervention program supervised by the local social
Criminal liability – LIABLE welfare and development officer, unless the best
interest of the child requires the referral of the child
Civil liability – LIABLE to a youth care facility or ‘Bahay Pag-asa’. (Sec. 20)
Rule on automatic suspension of sentence Serious crimes committed by children who are
If the child who is under 18 years of age at the exempt from criminal responsibility
commission of the offense is found guilty, the court A child who is above 12 up to 15 years of age and
shall ascertain any civil liability. Instead of who commits parricide, murder, infanticide,
pronouncing conviction, the child shall be placed kidnapping and serious illegal detention where the
under suspended sentence. The suspension shall victim is killed or raped, robbery, with homicide or
be applied even if the juvenile is 18 or above at the rape, destructive arson, rape, or carnapping where
pronouncement of the child’s guilt. (Sec. 38) the driver or occupant is killed or raped or offenses
under Republic Act No. 9165 punishable by more
Judgment against children in conflict with the law than 12 years of imprisonment, shall be deemed a
shall be guided by the following: neglected child and shall be mandatorily placed in
a special facility within the youth care faculty or
1. It shall be considered in the circumstances ‘Bahay Pag-asa’ called the Intensive Juvenile
of the best interest of the child, in the Intervention and Support Center (IJISC).
demands of restorative justice;
2. Restrictions on personal liberty shall be at Repetition of offenses
the minimum. When the court has the A child who is above twelve (12) years of age up to
discretion to impose a fine instead of the fifteen (15) years of age and who commits an
penalty of imprisonment, the imposition of offense for the second time or oftener: Provided,
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That the child was previously subjected to a conflict resolution in accordance with the
community-based intervention program, shall be best interest of the child with a view to
deemed a neglected child and shall undergo an accomplishing the objectives of restorative
intensive intervention program supervised by the justice and the formulation of a diversion
local social welfare and development officer. program. The child and his/her family shall
be present in these activities.
PROHIBITED ACTS b. In victimless crimes where the imposable
The following and any other similar acts shall be penalty is not more than six (6) years
considered prejudicial and detrimental to the imprisonment – The local social welfare
psychological, emotional, social, spiritual, moral and and development officer shall meet with the
physical health and well-being of the child in conflict child and his/her parents or guardians for
with the law and therefore, prohibited: the development of the appropriate
diversion and rehabilitation program, in
a. In the conduct of the proceedings coordination with the BCPC.
beginning from the initial contact with the c. Where the imposable penalty for the crime
child, the competent authorities must committed exceeds six (6) years
refrain from branding or labeling children as imprisonment – Diversion measures may
young criminals, juvenile delinquents, be resorted to only by the court. (Sec. 23)
prostitutes or attaching to them in any
manner any other derogatory names. Where the maximum penalty imposed by law for the
b. No discriminatory remarks and practices offense with which the child in conflict with the law is
shall be allowed particularly with respect to charged is imprisonment of not more than twelve
the child's class or ethnic origin. (12) years, regardless of the fine or fine alone
c. Employment of threats of whatever kind regardless of the amount, and before arraignment of
and nature; the child in conflict with the law, the court shall
d. Employment of abusive, coercive and determine whether or not diversion is appropriate.
punitive measures such as cursing, (Sec. 37)
beating, stripping, and solitary
confinement; If during the conferencing, mediation or conciliation
e. Employment of degrading, inhuman and outside the criminal justice system or prior to his
cruel forms of punishment such as shaving entry into said system, the child voluntarily admits
the heads, pouring irritating, corrosive or the commission of the act, a contract of diversion
harmful substances over the body of the may be entered into during such conferencing,
child in conflict with the law, or forcing mediation or conciliation proceedings. (Sec. 26)
him/her to walk around the community
wearing signs which embarrass, humiliate, Stages where diversion program may be
and degrade his/her personality and conducted
dignity; and Diversion may be conducted at –
f. Compelling the child to perform involuntary a. Katarungang Pambarangay;
servitude in any and all forms under any b. Police investigation;
and all instances. (Secs. 60 and 61) c. Inquest;
d. Preliminary Investigation; or
DIVERSION AND INTERVENTION e. All levels and phases of the proceedings
including the judicial level (Sec. 24)
System of Diversion
Children in conflict with the law shall undergo Factors in determining the diversion program
diversion programs without undergoing court In determining whether diversion is appropriate and
proceedings: desirable, the following factors shall be taken into
consideration:
a. Where the imposable penalty for the crime a. The nature and circumstances of the
committee is not more than six (6) years offense charged;
imprisonment – The law enforcement b. The frequency and the severity of the act;
officer or Punong Barangay with the c. The circumstances of the child (e.g. age,
assistance of the local social welfare and maturity, intelligence, etc.);
development officer or other members of d. The influence of the family and
the LCPC shall conduct mediation, family environment on the growth of the child;
conferencing and conciliation and, where
e. The reparation of injury to the victim;
appropriate, adopt indigenous modes of
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f. The weight of the evidence against the d. Republic Act No. 10592
child; (Amendments to Articles 29,
g. The safety of the community; and, 94, 97, 98, And 99 of the RPC)
h. The best interest of the child (Sec. 29)
AMENDMENTS TO ART. 29 (PERIOD OF
Factors in formulating the diversion program PREVENTIVE IMPRISONMENT DEDUCED FROM
In formulating a diversion program, the individual TERM OF IMPRISONMENT)
characteristics, and the peculiar circumstances of
the child in conflict with the law shall be used to General Rule: Offenders or accused who have
formulate an individualized treatment. undergone preventive imprisonment shall be
The following factors shall be considered in credited in the service of their sentence consisting
formulating a diversion program for the child: of deprivation of liberty, with the full time during
which they have undergone preventive
a. The child's feelings of remorse for the imprisonment if the detention prisoner agrees
offense he/she committed; voluntarily in writing after being informed of the
b. The parents’ or legal guardians’ ability to effects thereof and with the assistance of counsel to
guide and supervise the child; abide by the same disciplinary rules imposed upon
c. The victim's view about the propriety of the convicted prisoners.
measures to be imposed; and,
d. The availability of community-based Exceptions: This cannot be availed of in the
programs for rehabilitation and following cases:
reintegration of the child. (Sec. 30) 1. When they are recidivists, or have been
convicted previously twice or more times of any
OFFENSES NOT APPLICABLE TO CHILDREN crime; and
Persons below eighteen (18) years of age shall be 2. When upon being summoned for the execution
exempt from prosecution for the following crimes: of their sentence, they have failed to surrender
voluntarily.
a. Vagrancy and prostitution under Section
202 of the Revised Penal Code; If the detention prisoner does not agree to abide by
b. Mendicancy under Presidential Decree No. the same disciplinary rules imposed upon convicted
1563; and prisoners, he shall do so in writing with the
c. Sniffing of rugby under Presidential Decree assistance of a counsel and shall be credited in the
No. 1619. (Sec. 58) service of his sentence with 4/5 of the time during
which he has undergone preventive imprisonment.
EXEMPTION FROM THE APPLICATION OF
DEATH PENALTY Credit for preventive imprisonment for the penalty of
The provisions of the Revised Penal Code, as reclusion perpetua shall be deducted from 30 years.
amended, Republic Act No. 9165, otherwise known
NOTE: This amendment clarified that the crediting
as the Comprehensive Dangerous Drugs Act of
of preventive imprisonment shall likewise extend to
2002, and other special laws notwithstanding, no
those who have been sentenced to reclusion
death penalty shall be imposed upon children in
perpetua and that credit shall be deducted from 30
conflict with the law.
years. (Reyes, Book I)
EXPLOITATION OF CHILDREN FOR
Whenever an accused has undergone preventive
COMMISSION OF CRIMES
imprisonment for a period equal to the possible
Any person who, in the commission of a crime, maximum imprisonment of the offense charged to
makes use, takes advantage of, or profits from the
which he may be sentenced and his case is not yet
use of children, including any person who abuses terminated, he shall be released immediately
his/her authority over the child or who, with abuse of
without prejudice to the continuation of the trial
confidence, takes advantage of the vulnerabilities of
thereof or the proceeding on appeal, if the same is
the child and shall induce, threaten or instigate the
under review.
commission of the crime, shall be imposed the
penalty prescribed by law for the crime committed in
AMENDMENTS TO ART. 94 (PARTIAL
its maximum period. EXTINCTION OF CRIMINAL LIABILITY)
Criminal liability is extinguished partially:

1. By conditional pardon;
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2. By commutation of the sentence; and AMENDMENTS TO ART. 99 (WHO GRANTS TIME

3. For good conduct allowances which the culprit ALLOWANCES)
may earn while he is undergoing preventive Whenever lawfully justified, the Director of the
imprisonment or serving his sentence. Bureau of Corrections, the Chief of the Bureau of
Jail Management and Penology and/or the Warden
AMENDMENTS TO ART. 97 (ALLOWANCE FOR of a provincial, district, municipal or city jail shall
GOOD CONDUCT) grant allowances for good conduct. Such
allowances once granted shall not be revoked
1. Allowance for good conduct is now also
granted to detention prisoners Prior to the amendment of Art. 99, only the Director
Prior to its amendment, allowance for good of Prisons (now the Director of the Bureau of
conduct was not granted to detention prisoners. Corrections) was allowed to grant time allowance of
Thus, in the evaluation of a petition for parole or good conduct. Since city and municipal prisoners
executive clemency where eligibility depends are not under the jurisdiction of the Director of the
on the period of time served, the release is Bureau of Corrections, the amendment to Article 99
correspondingly delayed for a period equal to seeks to fast-track the application and grant of good
the good time allowance he could have earned conduct time allowance by likewise granting to the
had he been under confinement by virtue of Chief of the Bureau of Jail Management and
conviction by final judgment. (Reyes, Book I) Penology and/or the warden of a provincial, district,
municipal or city jail, the authority to grant time
2. Increase in deduction from period of allowance for good conduct. (Reyes, Book I)
sentence
The deduction from the period of a prisoner’s e. Community Service Act (R.A.
sentence was increased from: No. 11362; A.M. No. 20-06-14-
a. First 2 years of imprisonment – 5 to 20 Sc)
days
b. 3rd to 5th year of imprisonment – 8 to 23 Community Service Act (R.A. No. 11362)
days The court in the discretion may, in lieu of service in
c. 6th to 10th year of imprisonment – 10 to jail, require that the penalties of arresto menor and
25 days arresto mayor may be served by the defendant by
d. 11th and successive years of rendering community service in the place where the
imprisonment – 15 to 30 days crime was committed, under such terms as the court
shall determine, taking into consideration the gravity
3. Additional deduction granted of offense and the circumstances of the case, which
Aside from the deduction of from 20 to 30 days shall be under the supervision of a probation officer.
per month of good behavior, an additional (Sec. 3, R.A. No. 11362, amending Art. 88a of Act
deduction of 15 days is granted for each month No. 3815)
of study, teaching or mentoring rendered.
The court will prepare an order imposing the
4. Effect of appeal community service, specifying the number of hours
An appeal by the accused shall not deprive him to be worked and the period within which to
of entitlement to the above allowances for good complete the service. The order is then referred to
conduct. the assigned probation officer who shall have
responsibility of the defendant. (Id)
AMENDMENTS TO ART. 98 (SPECIAL TIME
ALLOWANCE FOR LOYALTY) The defendant shall likewise be required to undergo
Prior to the amendment of Art 98, only those who rehabilitative counseling under the social welfare
evaded service of their sentence were granted and development office of the city or municipality
special time allowance to encourage them to concerned with the assistance of the DSWD. In
surrender. Since prisoners who, despite having all requiring community service, the court shall
the chances to escape, chose instead to remain in consider the welfare of the society and the
their prison cells, have shown more convincingly reasonable probability that the person sentenced
their loyalty than those who escaped and then shall not violate the law while rendering a public
eventually gave themselves up, they are given a service. (Id)
higher special time allowance for loyalty. (Reyes,
Book I) Community Service shall consist of any actual
physical activity which inculcates civic
consciousness, and is intended towards the
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improvement of a public work or promotion of a b. Circumstances of the case;

public service. (Id) c. Welfare of the society; and
d. Reasonable probability that the accused shall
If the defendant violates the terms of the community not violate the law while rendering the service.
service, the court shall order his/her re-arrest and
the defendant shall serve the full term of the penalty, In no case shall the benefit of the Community
as the case may be, in jail, or in the house of the Service Act be given to the accused more than
defendant as provided under Art. 88. However, if the once. The period for the community service to be
defendant has fully complied with the terms of the rendered should not be more than the maximum
community service, the court shall order the release sentenced imposed by law, but not less than 1/3
of the defendant unless detained for some other thereof.
offenses. (Id)
If the accused has undergone preventive
The privilege of rendering community service in lieu imprisonment, the period shall be deducted from the
of service in jail shall be availed of only once. (Id) term of community service.
The imposition of the penalty of community service In the event the court denies the application for
is still within the discretion of the Court and should community service, and the period to appeal has not
not be taken as an unbridled license to commit yet lapsed, the accused may still choose to appeal
minor offenses. It is merely a privilege since the said judgment or apply for probation.
offended cannot choose it over imprisonment as a
matter of right. In requiring community service, the An accused who has applied and was granted
Court shall consider the welfare of the society and probation in a previous case is not disqualified to
the reasonable probability that the person apply for community service in a subsequent case.
sentenced shall not violate the law while rendering
the service. With the enactment of R.A. No. 11362,
apart from the law's objective to improve public work —end of topic—
participation and promote public service, it is
expected that the State's policy to promote
restorative justice and to decongest jails will be
6. EXTINCTION OF CRIMINAL
achieved. (Realiza v. People, G.R. No. 228745)
LIABILITY
Total Extinction of Criminal Liabilities (Art. 89):

GUIDELINES IN THE IMPOSITION OF
1. Death of the convict whether before or after
COMMUNITY SERVICE AS PENALTY IN LIEU OF
final judgment
IMPRISONMENT (A.M. NO. 20-06-14-SC)
The death of the convict, whether before or after
final judgment, extinguishes criminal liability,
After promulgation of judgment or order where the
because one of the juridical conditions of
imposable penalty for the crime or offense
penalty is that it is personal.
committed by the accused is arresto menor or
arresto mayor, it shall be the court's duty to inform
When the accused dies during the pendency of
the accused of and announce in open court his/her
his appeal, his criminal liability has already been
options within 15 calendar days from promulgation:
extinguished. Considering that his death
a. file an appeal;
pending appeal extinguishes his criminal
b. apply for probation as provided by law; or
liability and civil liability ex delicto, the criminal
c. apply that the penalty be served by rendering
action must be dismissed since there is no
community service in the place where the crime
longer a defendant to stand as the accused.
was committed.
From that point on, the criminal action had no
defendant upon which the action is based.
It shall further be explained to the accused that if
(Tuano y Hernandez v. People, G.R. 205871)
he/she chooses to appeal the conviction, such
resort thereto bars any application for community
service or probation 2. Service of sentence
In exercising the discretion to allow service of 3. Amnesty

penalty through community service, the following Amnesty is an act of the sovereign power
factors may be considered by the court: granting oblivion or general pardon for past
a. Gravity of the offense; offense, exerted in favor of a class of person. It
completely extinguishes the penalty and all its
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effects. Amnesty may be granted after b. The period of time prescribed by law for
conviction. its enforcement has elapsed.
4. Absolute pardon 7. Forfeiture of right of government to execute

Pardon is an act of grace proceeding from the final sentence
power which executes the law exempting an
individual from punishment of crime committed. Requisites:
a. Penalty is imposed by final sentence;
The pardon must be absolute and must be and
accepted by the convicted person. b. Convict evaded the service of the
sentence by escaping during the term
Amnesty v. Pardon of his sentence
AMNESTY PARDON
Political offenses Any offense 8. Marriage of the offended woman
A class of person or An individual is In cases of seduction, abduction, acts of
communities pardoned lasciviousness, and rape, the marriage of the
May be exercised Individual is already offender with the offended party shall extinguish
even before trial or convicted the criminal action or remit the penalty already
investigation imposed upon him. The provisions of this
Looks backward and Looks forward and paragraph shall also be applicable to the co-
abolishes the offense relieves offender of principals, accomplices and accessories after
itself (ex- convict will consequences of the the fact of the abovementioned crimes. (Art.
no longer be a offense he was 344, RPC)
recidivist) convicted of (ex-convict
will remain a recidivist) In cases of rape under Art. 266-C, the
subsequent valid marriage between the
5. Prescription of the crime (Art. 90) offended party (and the rape victim) shall
Prescription of the crime is the forfeiture or loss extinguish the criminal action or the penalty
of the right of the State to prosecute the imposed.
offender after the lapse of a certain time.
PENALTY OF OFFENSE PRESCRIPTIVE COMPUTATION OF PRESCRIPTION OF
PERIOD OFFENSES
Death, reclusion perpetua, 20 years The period of prescription commences to run from
reclusion temporal the day on which the crime is discovered by the
Afflictive penalties 15 years offended party, the authorities or their agents. (Art.
Correctional penalty 10 years 91, RPC)
(except arresto mayor)
Arresto mayor 5 years When the last day falls on a Sunday or legal holiday,
the information can no longer be filed on the next
day as the crime has already prescribed.
6. Prescription of the penalty
(Yapdiangco v Buencamino, No. L- 28841)
Prescription of the penalty is the loss or
forfeiture of the right of the Government to
It is interrupted by the filing of the complaint or
execute the final sentence after the lapse of a
information and commences to run again when the
certain time.
proceedings terminate without the accused being
convicted or acquitted or unjustifiably stopped for
PENALTY PRESCRIPTIVE any reason not imputable to him. (Art. 91, RPC)
PERIOD
Death and reclusion 20 years Prescription does not run when the offender is
perpetua absent from the Philippines. (Reyes, Book I)
Other afflictive penalties 15 years
Correctional penalties 10 years When the penalty is compound, the highest penalty
(except arresto mayor) is the basis for the application of the rules in Art. 90
Light penalties 1 year (Reyes, Book I)
Requisites Where there is an alternative penalty of fine, which

a. There must be final judgment; and is higher than the penalty of imprisonment,
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prescription of the crime will be based on the fine. preventive imprisonment from the term of the
(Reyes, Book I) sentence.
COMPUTATION OF PRESCRIPTION OF Prisoners are also entitled to a special time

PENALTIES allowance for loyalty. (Art. 98)
Commences to run from the date when the culprit
evaded the service of his sentence d. Parole (Reyes, Book I)
Parole refers to the conditional release of an
Interrupted when the convict offender from a correctional institution after he
i. Gives himself up has served the minimum of his prison sentence.
ii. Is captured It consists in the suspension of the sentence of
iii. Goes to a foreign country with no a convict after serving the minimum of the
extradition treaty indeterminate penalty without the grant of
iv. Commits another crime before the pardon.
expiration of the period of prescription
v. Acceptance of conditional pardon (People If the convict fails to observe the conditions of
v Puntillas, G.R. No. 45267) the parole, the Board of Pardons and Parole is
authorized to direct his arrest and return to
Where the accused was never placed in custody and thereafter to carry out his sentence
confinement, the period for prescription never starts without deduction of the time that has elapsed
to run in his favor. (Pangan v Hon. Gatbalite, et al., between the date of the parole and the
G.R. No. 141718) subsequent arrest.
PARTIAL EXTINCTION OF CRIMINAL LIABILITY CONDITIONAL PARDON V PAROLE

a. Conditional pardon (Art. 95, RPC) CONDITIONAL PAROLE
Conditional pardon refers to the exemption of PARDON
an individual, with certain limits or conditions, Granted by Chief Granted by the Board of
from the punishment which the law inflicts for Executive Pardons and Parole
the offense he had committed resulting in the Basis is Administrative Basis is the
partial extinction of his criminal liability (Sec. Code Indeterminate
2[p], Revised Rules and Regulations of the Sentence Law
Board of Pardons and Parole). Give any time after final Given after prisoner
judgment has served the
The usual condition imposed upon the convict minimum penalty
in conditional pardon is that he shall not again Violation of conditional Violation of parole may
violate any of the penal laws of the Philippines. pardon may result in lead to reincarceration
reincarceration and for service of unserved
b. Commutation of sentence (Art. 95, RPC) prosecution under Art potion of original
Commutation of sentence refers to the 159 (evasion of service penalty without
reduction of the duration of a prison sentence of of sentence) prosecution for Art.
a prisoner. (Sec. 2[po], Revised Rules and 159.
Regulations of the Board of Pardons and
Parole) ALLOWANCE FOR GOOD CONDUCT (Art. 97,
RPC)
E.g. When the convict sentenced to death is ALLOWED
over 70 years of age (Art. 83); When 8 SC LENGTH OF DEDUCTION PER
Justices fail to reach decision of affirmance of SENTENCE SERVED MONTH OF GOOD
death penalty. BEHAVIOR
First 2 years 20 days
c. Good conduct allowances which the culprit 3rd to 5th years 23 days
may earn while he is serving his sentence 6th to 10th years 25 days
(Art. 95, RPC) 11th year onwards 30 days
Allowances for good conduct are deductions
from the term of the sentence for good behavior. No allowance for good conduct while prisoner is
(Art. 97, RPC) released under conditional pardon
This is because the GCTA is given in consideration
This is different from Art. 29 which is an for conduct observed by the prisoner while serving
extraordinary reduction of full time or 4/5 of the his sentence. (People vs. Martin, G.R. No. L-46432)
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SPECIAL TIME ALLOWANCE FOR LOYALTY it by lawful means, saving to the latter his action
(Art. 98, RPC) against the proper person who may be liable to
A deduction of one fifth (1/5) of the period of him. (Art. 105)
sentence is granted to any prisoner who, having
evaded his prevented imprisonment or the service This provision is not applicable in cases which
of his sentence, under the following circumstances: the thing has been acquired by the third person
a. On the occasion of disorder resulting from a in the manner and under the requirements
conflagration, earthquake, explosion, or similar which, by law, bar an action for its recovery. (Id)
catastrophe, or
b. During a mutiny in which he has not Thus, even if the property stolen was acquired
participated — gives himself up to the by a third person by purchase without knowing
authorities within 48 hours following the that it had been stolen, such property shall be
issuance of a proclamation announcing the returned to the owner. If the thing is acquired
passing away of the calamity or catastrophe. by a person who knows it to be stolen, he is an
accessory and he is also criminally liable.
A deduction of two-fifths (2/5) of the period of his (Reyes, Book I)
sentence shall be granted in case said prisoner
chose to stay in the place of his confinement When after trial the court finds that a sum of
notwithstanding the existence of a calamity or money was received by the accused from the
catastrophe. complainant as a loan, and for that reason
dismisses the criminal case for estafa, it cannot
—end of topic— order the accused to pay the amount to the
complainant, because his liability to return it
arises from civil contract, not from a criminal act,
7. CIVIL LIABILITIES IN CRIMINAL and may not be enforced in the criminal case.
CASES (People vs. Pantig, 97 Phil. 749,750)
Generally limited to crimes against property.

CIVIL LIABILITY
2. REPARATION OF DAMAGE CAUSED (Art.
Every person criminally liable is also civilly liable.
106, RPC)
(Art. 100, RPC)
The court shall determine the amount of
damage, taking into consideration the price of
Who are civilly liable
the thing, whenever possible, and its special
The obligation to make restoration or reparation for
sentimental value to the injured party, and
damages and indemnification for consequential
reparation shall be made accordingly. (Art. 106)
damages devolves upon the heirs of the person
liable. The action to demand restoration, reparation,
If restitution cannot be made by the offender
and indemnification likewise descends to the heirs
(Art. 105), or by his heirs (Art. 108), the law
of the person injured. (Art. 108, RPC)
allows the offended party reparation. (Id)
If there are 2 or more persons civilly liable for a
When the stolen property cannot be returned
felony, the courts shall determine the amount for
because it was sold by the thief to an unknown
which each must respond. (Art. 109, RPC)
person, he will be required by the court, if found
guilty, to pay the actual price of the thing plus its
The principals, accomplices, and accessories, each
sentimental value to its owner. If there is no
within their respective class, shall be liable severally
evidence as to the value of the thing
(in solidum) among themselves for their quotas, and
unrecovered, reparation cannot be made.
subsidiarily for those of the other persons liable. (Art
(People vs. Dalena, G.R. Nos. 11387-R &
110, par. 1, RPC)
11388-R)
What is included in civil liability (Art. 104, RPC)
The civil damages which may be recovered in
1. RESTITUTION (Art. 105, RPC)
criminal action are limited to consequential
The restitution of the thing itself must be made
damage caused by, and flowing from, the
whenever possible, with allowance for any
commission of the crime of which the accused
deterioration or diminution of value as
is convicted. (Reyes, Book I)
determined by the court. The thing itself shall
be restored, even though it be found in the
possession of a third person who has acquired
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Generally the remedy granted to victims of relation to Art. 105,

crimes against property. RPC)
Crimes against persons Whatever the injured
3. INDEMNIFICATION OF CONSEQUENTIAL (i.e. physical injuries) party spent for the
DAMAGES (Art. 107, RPC) treatment of his
Indemnification of consequential damages shall wounds, doctor’s fees,
include not only those caused the injured party, and unearned wages
but also those suffered by his family or by a third by reason of inability to
person by reason of the crime. (Art. 107) work because of the
injuries.
Since the deceased was guilty of contributory
negligence, this circumstance reduces the civil In case of temporary or
liability of the offender in homicide through permanent personal
reckless imprudence. (People vs. De Guia, injury, damages for loss
C.A., G.R. No. 11769-R) or impairment of
earning capacity may
Civil indemnity may be increased only if it will be awarded. (Reyes,
not require an aggravation of the decision in the Book I)
criminal case on which it is based. In other Criminal offenses Moral damages (Art.
words, the accused may not, on appeal by the resulting in physical 2219, NCC)
adverse party, be convicted of a more serious injuries, in crimes of
offense or sentenced to a higher penalty to seduction, abduction,
justify the increase in the civil indemnity. (Heirs rape or other lascivious
of Rillorta vs. Firme, G.R. No. L-54904) acts, adultery,
concubinage, illegal or
Generally the remedy granted to victims of arbitrary detention or
crimes against persons. arrest, illegal search,
libel, slander,
Civil Liability v. Pecuniary Liability defamation, and
CIVIL LIABILITY PECUNIARY malicious prosecution
(Art. 104) LIABILITY (Art. 38) Offense committed with Exemplary damages
Reparation of damages caused one or more (Article 2230, NCC)
Indemnification for consequential damages aggravating
Includes restitution No restitution in circumstance
pecuniary liability,
liability is paid out of Civil liability is extinguished in the same manner as
property of the offender. other obligations (i.e. payment, performance, loss of
the thing due)
In restitution, there is
nothing to pay in terms Acquittal of the accused
of money, as the The acquittal of the accused does not automatically
property unlawfully preclude a judgment against him on the civil aspect
taken is returned. of the case. The extinction of the penal action does
Does not include fines Includes fines and costs not carry with it the extinction of the civil liability
or costs of the of the proceedings where:
proceedings a. Acquittal is based on reasonable doubt as only
(Reyes, Book I) preponderance of evidence is required;
b. The court declares that the liability of the
Damages that may be recovered in criminal accused is only civil; and
cases c. Civil liability of the accused does not arise from
OFFENSE DAMAGE AWARDED or is not based upon the crime of which the
Crimes against Damages are based on accused is acquitted.
property price of the thing and
sentimental value to the However, the civil action based on delict may be
injured party if the thing deemed extinguished if mere is a finding on the final
itself cannot be judgment in the criminal action that the act or
restored. (Art. 106, in omission from which the civil liability may arise did
not exist or where the accused did not commit the
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acts or omission imputed to him. (Dy v. People, G.R. SUBSIDIARY LIABILITY

No. 189081)
Subsidiary civil liability of innkeepers,
RULES REGARDING CIVIL LIABILITY IN tavernkeepers and proprietors of establishment
CERTAIN CASES (Art. 101) (Art. 102, RPC)
In default of the persons criminally liable,
Civil liability of persons acting under exempting innkeepers, tavernkeepers, and any other persons
circumstances or corporations shall be civilly liable for crimes
a. General Rule: Civil liability shall still be committed in their establishments, in all cases
imposed in cases falling under exempting where a violation of municipal ordinances or some
circumstances. (Art. 12, RPC) general or special police regulation shall have been
b. Exceptions: There is no civil liability in committed by them or their employees. (Art. 102,
i. Par. 4, Art. 12 – for injury caused by mere par. 1, RPC)
accident
ii. Par. 7, Art. 12 – for failure to perform an Elements under Art. 102, par. 1
act required by law when prevented by 1. That the innkeeper, tavernkeeper or proprietor
some lawful or insuperable cause. of establishment or his employee committed a
violation of municipal ordinance or some
Civil liability for acts of insane or minors exempt general or special police regulation.
from criminal liability 2. That a crime is committed in such inn, tavern or
The civil liability for acts committed by an imbecile establishment.
or insane or minor exempt from criminal liability shall 3. That the person criminally liable is insolvent.
devolve upon the persons having legal authority or
control over them, if the latter are at fault or When all the above elements are present, the
negligent. But if there is no fault or negligence on innkeeper, tavernkeeper or any other person or
their part, or even if at fault or negligent but corporation is civilly liable for the crime committed in
insolvent, or should there be no person having such his establishment. (Reyes, Book I)
authority or control, the insane, imbecile, or such
minor shall respond with their own property not Innkeepers are also subsidiarily liable for the
exempt from execution. (Art. 101, RPC) restitution of goods taken by robbery or theft within
their houses from guests lodging therein, or for the
Civil liability for acts of a minor over 15 years of payment of the value thereof, provided that such
age who acts with discernment guests shall have notified in advance the innkeeper
A minor over 15 years of age who acts with himself, or the person representing him, of the
discernment is not exempt from criminal liability, deposit of such goods within the inn; and shall
hence, the silence of the RPC as to the subsidiary furthermore have followed the directions which such
liability of his parents should he be convicted. (Art. innkeeper or his representative may have given
2180, NCC) them with respect to the care of and vigilance over
such goods. No liability shall attach in case of
Civil liability for acts committed by persons robbery with violence against or intimidation of
acting under irresistible force or uncontrollable persons unless committed by the innkeeper's
fear employees. (Art. 102, par. 2, RPC)
The persons using violence or causing the fear are
primarily liable. If there are no such persons, those Elements under Art. 102, par. 2
doing the act shall be liable secondarily. (Art. 101, 1. The guests notified in advance the innkeeper or
RPC). the person representing him of the deposit of
their goods within the inn or house.
Civil liability of persons acting under justifying 2. The guests followed the directions of the
circumstances innkeeper or his representative with respect to
a. General rule: There is no civil liability in the care of and vigilance over such goods.
justifying circumstances. 3. Such goods of the guests lodging therein were
b. Exception: Par. 4, Art. 11 – there is civil taken by robbery with force upon things or theft
liability, but the person civilly liable is the one committed within the inn or house.
benefited by the act which causes damage to
another. (Art. 101, RPC). When all the above elements are present, the
innkeeper is subsidiarily liable.
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No liability shall attach in case of robbery with stigma of a criminal conviction surpasses mere civil
violence against or intimidation of persons, unless liability. (Id)
committed by the innkeeper's employees. (Reyes,
Book I) To allow employers to dispute the civil liability fixed
in a criminal case would enable them to amend,
In a case where the owner of a hotel disclaimed nullify or defeat a final judgment rendered by a
liability because plaintiff did not deposit his competent court. By the same token, to allow them
properties with the manager despite a notice to that to appeal the final criminal conviction of their
effect posted in the hotel, it was held that actual employees without the latter’s consent would also
delivery to him or his employee of the effects of the result in improperly amending, nullifying or defeating
guest is not necessary; it is enough that they were the judgment. (Id)
within the inn. (De los Santos vs. Tarn Khey, C.A.,
58 O.G. 7693) The decision convicting an employee in a criminal
case is binding and conclusive upon the employer
Subsidiary civil liability of other persons (Art. not only with regard to the former’s civil liability, but
103, RPC) also with regard to its amount. The liability of an
Subsidiary liability shall also apply to employers, employer cannot be separated from that of the
teachers, persons, and corporations engaged in any employee. (Id)
kind of industry for felonies committed by their
servants, pupils, workmen, apprentices, or Before the employers’ subsidiary liability is exacted,
employees in the discharge of their duties. (Art. 103, there must be adequate evidence establishing that
RPC) 1. they are indeed the employers of the convicted
employees;
Elements under Art. 103 2. that the former are engaged in some kind of
1. The employer, teacher, person or corporation is industry;
engaged in any kind of industry. 3. that the crime was committed by the employees
2. Any of their servants, pupils, workmen, in the discharge of their duties; and
apprentices or employees commits a felony 4. that the execution against the latter has not
while in the discharge of his duties. been satisfied due to insolvency. (Id)
3. Said employee is insolvent and has not satisfied
his civil liability. The resolution of these issues need not be done in
a separate civil action. But the determination must
When all these elements are present, the employer be based on the evidence that the offended party
or teacher is subsidiarily liable. and the employer may fully and freely present. Such
determination may be done in the same criminal
"Industry" is any department or branch of art, action in which the employee’s liability, criminal and
occupation or business; especially, one which civil, has been pronounced; and in a hearing set for
employs so much labor and capital and is a distinct that precise purpose, with due notice to the
branch of trade. Hence, a person who owns a truck employer, as part of the proceedings for the
and uses it in the transportation of his own products execution of the judgment. (Id)
is engaged in industry. (Reyes, Book I)
—end of topic
Under Art. 103 of the RPC, employers are
subsidiarily liable for the adjudicated civil liabilities of
their employees in the event of the latter’s
insolvency. The provisions of the RPC on subsidiary
liability (Arts. 102 and 103) are deemed written into
the judgments in the cases to which they are
applicable. Thus, in the dispositive portion of its
decision, the trial court need not expressly
pronounce the subsidiary liability of the employer.
(Philippine Rabbit Bus Lines, Inc. v. People, G.R.
No. 147703)
In the absence of any collusion between the

accused-employee and the offended party, the
judgment of conviction should bind the person who
is subsidiarily liable. In effect and implication, the
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II. CRIMES UNDER THE REVISED PENAL A. CRIMES AGAINST NATIONAL

CODE SECURITY AND THE LAWS OF
NATION
TOPIC OUTLINE UNDER THE SYLLABUS
Chapter 1: Crimes against National Security
A. CRIMES AGAINST NATIONAL SECURITY Section 1. – Treason and Espionage
AND LAWS OF NATIONS
B. CRIMES AGAINST THE FUNDAMENTAL LAW Art. 114 Treason
OF THE STATE
C. CRIMES AGAINST PUBLIC ORDER Treason is a breach of allegiance to a government
D. CRIMES AGAINST PUBLIC INTEREST committed by a person who owes allegiance to it.
E. CRIMES AGAINST PUBLIC MORALS
F. CRIMES COMMITTED BY PUBLIC OFFICERS Elements: (FRAP- LAW)
G. CRIMES AGAINST PERSONS 1. that the offender (a Filipino citizen or a Resident
H. CRIMES AGAINST PERSONAL LIBERTY AND
Alien) owes allegiance to the Government of the
SECURITY
I. CRIMES AGAINST PROPERTY Philippines
J. CRIMES AGAINST CHASTITY 2. the offender either:
K. CRIMES AGAINST THE CIVIL STATUS OF a. Levies war against the Government; or
PERSONS b. Adheres to the enemies by giving them aid
L. CRIMES AGAINST HONOR or comfort
3. that there is a War in which the Philippines is
involved
Allegiance
Obligation of fidelity and obedience which the
individuals owe to the government under which they
live or to their sovereign, in return for protection they
receive. (Laurel v Misa, GR No. L-409)
Can treason committed in a foreign country be

prosecuted in the Philippines?
Yes. Treason committed in a foreign country may be
prosecuted in the Philippines. (Art. 2, RPC)
Place of commission of crime

1. Filipino citizen: anywhere since he owes
permanent allegiance which consists in the
obligation of fidelity and obedience which a
citizen or subject owes to his government or
sovereign;
2. Alien: only in the Philippines except in case of
conspiracy. An alien owes only temporary
allegiance to the country where he resides.
Temporary allegiance is the obligation of fidelity
and obedience which a resident alien owes to
the Philippine Government.
Nature of Treason
Treason is a war crime (hence, cannot be
committed during a time of peace), punished by the
state as a measure of self-defense and self-
preservation. (Concurring Opinion of Justice
Perfecto, Laurel v. Misa, G.R. No. L-409)
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Punishable Acts case the crime would be rebellion. (REYES, BOOK

1. Levying war – requires concurrence of: TWO)
a. An actual assembling of men; and
b. For the purpose of executing a treasonable Aid or Comfort
design by force; Act which strengthens or tends to strengthen the
2. Adherence to enemies – requires concurrence enemy in the conduct of war against the traitor’s
country and an act which weakens or tends to
of:
weaken the power of the traitor’s country to resist or
a. Actual adherence to the enemies; and to attack the enemy. (Cramer v US, 65 Sup. Ct. 918)
b. Giving aid or comfort to them.
Extent of Aid or Comfort
Notes on Treason by Levying War It must be a deed or physical activity, such as acts
furnishing the enemy with arms, troops, supplies,
Intent to Overthrow Government information or means of transportation, and not
Levying war must be with intent to overthrow the merely a mental operation. (REYES, BOOK TWO, p. 7)
government, not merely to resist a particular statute
or to repel a particular officer. It matters not how vain The overt act must be intentional. There is no
and futile the attempt was and how impossible its treason through negligence. (REYES, BOOK TWO, p.
accomplishment. 11)
Not necessary that there be a Formal Giving information to, or commandeering foodstuffs
Declaration of War for, the enemy is evidence of both adherence and
In treason by levying war, it is not necessary that aid or comfort. (REYES, BOOK TWO, p. 7)
there be a formal declaration of the existence of a
state of war. Actual hostilities may determine the Effect when efforts to aid not successful
date of the commencement of war. (Concurring Not essential that the effort to aid be successful,
Opinion of Justice Perfecto, Laurel v. Misa, G.R. No. provided overt acts are done which if successful
L-409) would advance the interest of the enemy (People v
Alarcon, GR No. L-407)
Levying in Collaboration with a Foreign Enemy
If the levying of war is done in collaboration with a Acceptance of public office and discharge of
foreign enemy but is merely a civil uprising without official duties under the enemy
any intention of helping an external enemy, the Mere acceptance of public office and discharge of
crime is not treason. The offenders may be held official duties under the enemy do not constitute the
liable for rebellion. (LUIS B. REYES, THE REVISED felony of treason. But when the position is policy-
PENAL CODE BOOK TWO p. 6, 2017) determining, the acceptance of public office and
the discharge of official duties constitute treason.
Notes on Treason by Adherence to Enemies
Policy-Determining – Officials who defined the
Adherence to enemies norm of conduct that all offices and officials under
Intent to betray; when a citizen intellectually or the department he headed had to adopt and
emotionally favors the enemy and harbors enforce, and helped in the propagation of the creed
sympathies or convictions disloyal to his country’s of the invader, and the acts and utterances of the
policy or interest. (Cramer v US, 65 Sup. Ct. 918) accused while holding the position which were done in
earnest implement of such policy, and the
Adherence without Physical Manifestations acceptance of such public office and discharge of
Mere adherence without its physical manifestation such official duties constitute treason. (People v
through the giving of aid or comfort to the enemy Sison, P.C., 42 O.G. 748)
does not suffice. They must concur. (People v Tan,
PC, 42 O.G. 1263) Acts not considered as treason
1. Commandeering of women merely to satisfy the
Enemy lust of the enemy (People v Perez, GR No. L-
The term enemy should refer to a foreign country 856)
(US v Lagnayon, 3 Phil 478). It applies only to the
2. Marriage of the accused to a Japanese woman
subjects of a foreign power in a State of hostility with
the traitor’s country because this Article treats of and employment as an interpreter (People v
circumstances of war. It does not embrace rebels in Bascon, GR No. L-1548)
insurrection against their own country, for in that
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Other Acts Considered as Treason Extrajudicial confession made before investigators

Serving as informer and active member of the is not sufficient. (REYES, BOOK TWO, p. 16)
Japanese Military Police (People v Fernando, GR
No L-1138) Circumstances inherent in Treason: (EAT)
1. Evident premeditation;
Ways to prove: 2. Abuse of Superior Strength; and
1. Treason (Overt act of giving aid or comfort) 3. Treachery (People v. Adlawan, 83 Phil 195;
a. Testimony - at least 2 witnesses to the People v. Racaza, 82 Phil 623)
same overt act; or
b. Judicial confession of the accused in Aggravating circumstances in Treason: (ICAG)
open court. 1. Ignominy;
2. Adherence 2. Cruelty;
a. Testimony - one witness sufficient; 3. Amount or degree of aid; and
b. Nature of act itself; or 4. Gravity or seriousness of the acts of treason.
c. Circumstances surrounding the act.
Treason is a continuous offense
Two-witness rule: Treason is a continuous offense. (People v. Victoria,
Testimonies need not be identical, but must relate G.R. No. L-369)
to the same overt act (Hauft v. United States, 67 S.
Ct. 874). It is sufficient that the witnesses are Quantity of evidence required for conviction
uniform in their testimonies on the overt act; not Proof of one count is sufficient for conviction.
necessarily that there be a corroboration between (People v. San Juan, G.R. No. L-2997)
them on the point they testified on (People v.
Concepcion G.R. No. L-1853). Defenses in Treason
DEFENSES NOT A DEFENSE
The two-witness rule is “severely restrictive”;
hence, each of the witnesses must testify to the Duress or Suspended allegiance;
whole overt act; or if it is separable, there must be uncontrollable fear; and and
two witnesses to each part of the overt act (People
v. Escleto, G.R. No. L-1006). Obedience to de facto Joining the enemy army
government. thus becoming a citizen
Reason for two-witness rule: of the enemy.
The special nature of the crime requires that the
accused be afforded a special protection not
Treason cannot be complexed with other crimes
required in other cases so as to avoid a miscarriage
There is no complex crime of treason with murder or
of justice. (Concurring Opinion of Justice Perfect in
physical injuries. (People v. Prieto 80 Phil. 138) This
El Pueblo de Filipinas v. Marcaida, GR No. L-953)
is because, when the deed is charged as an element
of treason, it becomes identified with the latter crime
When court believes in only 1 witness
and cannot be the subject of a separate punishment,
The two-witness rule is not satisfied if the court
or used in combination with treason to increase the
believes in only one witness (People v Adriano, GR
penalty which Art.48 of the RPC provides. (People v
No. L-477)
Hernandez, GR No. L-6025)
Witnesses not uniform on some points
When common crimes may be considered
It is not sufficient to entirely discredit testimonies of
separately from crime of Treason
witnesses if the deficiency refers merely to minor
Common crimes such as murder, physical injuries,
details. (People v Lansanas, GR No. L-1622)
kidnapping, illegal detention, or robbery may be
considered separately from the crime of treason
Confession of guilt by the accused in open court
when they are committed for a private or personal
The confession in open court, upon which a
purpose or motive and not for the purpose of ‘giving
defendant may be convicted for treason, is a
aid or comfort to the enemy’ as an element of
confession of guilt. The section cannot be extended
treason. (1 AMURAO, Book Two)
so as to include admissions of fact, from which his
guilt may be inferred, made by the defendant in
giving his testimony after a plea of not guilty. (US v
Magtibay, GR No. L-1317)
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Art. 115. Conspiracy and Proposal to Commit Elements:

Treason 1. That the offender is a citizen of the Philippines,
and not a foreigner;
Elements: 2. That he has knowledge of any conspiracy
1. Proposal to Commit Treason against the Government;
a. In times of War; 3. That the conspiracy is one to commit treason;
b. A Person who has decided to levy war 4. That he conceals or does not disclose and
against the government, or to Adhere to the make known the same, as soon as possible
enemies and to give them aid or comfort; from coming to know thereof, to the proper
and authority
c. Proposes its execution to some other
person/s. Can a resident alien commit the crime of
2. Conspiracy to Commit Treason misprision?
a. In times of War; No. A resident alien cannot commit misprision of
b. Two Or More persons come to an misprision. Art. 116 expressly provides “without
Agreement to - being a foreigner”.
i. Levy war against the government; or
When misprision not applicable
ii. Adhere to the enemies and to give Art. 116 does not apply when treason is already
them aid or comfort; and committed by someone and the accused does not
c. They Decide to commit it. report its commission. (REYES, BOOK TWO, p. 20)
Conspiracy and Proposal to commit a felony as Offender as accessory to treason, but a principal
a general rule in the crime of misprision
As a general rule, conspiracy and proposal to The offender under Article 116 is punished as an
commit a felony are not punishable. (Art. 8) Art. 115 accessory to the crime of treason, which is two
is an exception as it specifically penalizes degrees lower than the penalty for treason, but is a
conspiracy and proposal to commit treason. principal offender in the crime of misprision of
treason. Misprision is a separate and distinct
Proposal if accepted offense from the crime of treason (REYES, BOOK
Mere proposal even without acceptance is TWO, p. 21)
punishable. If the person proposed to accepts, it
amounts to conspiracy. To whom conspiracy must be reported
RPC mentions 4 individuals to whom the conspiracy
Effect when the acts of Treason are committed must be reported [i.e. 1) governor, 2) provincial
after Conspiracy or Proposal fiscal, 3) mayor, or 4) city fiscal]. But what if it is
If acts of treason are committed after the reported to some other high-ranking government
conspiracy or proposal, the crime committed will official? (ex: PNP Director)? Judge Pimentel opines
be treason, and the conspiracy or proposal is that reporting to any government official of the DILG
considered as a means in the commission thereof. suffices.
The act of conspiracy and proposal are absorbed
therein. Art.116 as exception to rule that mere silence
does not make a person criminally liable.
Two-Witness Rule not Applicable Failure to report violations of the law is not a crime,
The two-witness rule is not applicable since this is a except in certain cases. Art. 116 is such an
crime separate and distinct from treason. . The rule exception to the rule that mere silence about the
applies only to treason. commission of a crime does not make a person
criminally liable. (People v Saavedra, GR No. L-
Art. 116. Misprision of Treason 49738, May 18, 1987)
Misprision of treason is the failure of a citizen to
Art. 117. Espionage
report, as soon as possible from coming to know
thereof, a conspiracy to commit treason against Espionage is the offense of gathering,
the Philippine government. But there must be a transmitting, or losing information with respect to
war in which the Philippines is involved. (BOADO, the national defense, with intent or reason to
RPC and SPL) believe that the information is to be used to the
injury of the Republic of the Philippines or the
advantage of a foreign nation.
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Punishable Acts (modes of committing May be committed both Is committed only in

Espionage): in time of peace and in time of war
1. Entering, without authority, upon a warship, fort, time of war
or military or naval establishment or reservation AS TO MANNER OF COMMISSION
to obtain any information, plans, photographs or May be committed in Limited to 2 ways:
other data of confidential nature relative to the many ways not only 1. Levying war; and
defense of the Philippines because of Art. 116 but 2. Adhering to the
2. Disclosing to the representative of a foreign in view of the passage enemy, giving
of C.A. No. 616 them aid or
nation the contents of the articles, data or
information referred to in the preceding comfort
paragraph, which he had in his possession by
reason of the public office he holds Section Two: Provoking War and Disloyalty In
Case of War
Persons liable:
1. First mode: Art. 118. Inciting To War or Giving Motives for
ANY person whether: Reprisals
a. Filipino citizen OR resident alien Unlawful or unauthorized acts of an individual
(foreigner); or which provoke or give occasion for a war involving
b. Private individual or a public officer; and or liable to involve the Philippines or expose
2. Second mode: Filipinos to reprisals on their persons or property
a. A public officer Elements:
1. Offender Performs Unlawful or unauthorized
Elements: acts; and
1. By entering without authority, upon a warship, 2. Such acts Provoke or give occasion for a war
fort or military or naval establishment or involving or liable to involve the Philippines or
reservation expose Filipino citizens to reprisals on their
a. that the offender enters any of the places persons or property
mentioned;
b. that he has no authority therefor; When crime committed
c. that his purpose is to obtain information, The crime is committed only in times of peace.
plans, photographs or other data of a
confidential nature relative to the defense Is intent of offender material?
of the Philippines No, it isn’t.
2. By disclosing to the representative of a foreign
nation the contents of the aforementioned Characteristics of the offender
information, etc. In inciting to war, the offender is any person. If the
offender is a public officer, the penalty is reclusion
a. that the offender is a public offender;
temporal, while the penalty for a private individual is
b. that he has in his possession the articles, prision mayor.
data, or information referred to in par.1 by
reason of the public office he holds; Reprisal
c. that he discloses their contents to a It is an act of self-help on the part of the injured state,
representative of a foreign nation responding (after an unsatisfied demand for
redress) to an act contrary to international law on the
Is wiretapping considered espionage? part of the offending state. (Naulilaa Incident
Wiretapping is not espionage if the purpose is not Arbitration, Portugese-German Arbitral Tribunal,
connected with defense. Otherwise, it is. 1928)
Espionage and Treason, Distinguished. Reprisals are not limited to military action; it could
ESPIONAGE TREASON be economic in nature, or consist of denial of entry
AS TO CONDITION OF CITIZENSHIP into the offended country.
Both are crimes not conditioned by the
citizenship of the offender
AS TO WHEN THEY SHOULD BE COMMITTED
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Art. 119. Violation of Neutrality Cipher

Secret writing system; a code (Webster’s
This refers to an any act which violates any
Dictionary).
regulation issued by competent authority for the
purpose of enforcing neutrality
When prohibition by government not essential
Prohibition by the government is not essential when
Elements: the correspondence: a) is carried on in ciphers or
1. War in which the Philippines is Not Involved; conventional signs, or b) contains notice or
2. For the Purpose of Enforcing neutrality, a information which might be useful to the enemy.
Regulation is issued by competent authority;
and Qualifying circumstances:
3. That the offender Violates such The following must concur together –
1. That the notice or information might be useful
Neutrality to the enemy; and
It is the condition of a nation that, in times of war, 2. That the offender intended to aid the enemy.
takes no part in the dispute but continues peaceful
dealings with the belligerents. There must be a Similarity to Treason
regulation issued by competent authority for the If the offender intended to aid the enemy by giving
enforcement of neutrality. such notice or information, the act also amounts to
treason; hence penalty same as that for treason.
When crime committed
The crime is committed only in times of peace in the Art. 121. Flight to Enemy’s Country
Philippines, but there is war between/among other
states. Any person who, owing allegiance to the
Government, attempts to flee or go to an enemy
Philippines should not be part of the war country when prohibited by competent authority
It is the neutrality of the Philippines that is violated.
Philippines should not be a party to the war. Persons liable:
1. Filipino citizen; and
Art. 120. Correspondence with Hostile Country 2. Alien residing in the Philippines
Any person who, in time of war, shall have
correspondence with an enemy country or territory Elements:
occupied by enemy troops, in any of the modes of 1. A WAR in which the Philippines is Involved;
commission indicated in Art. 120. 2. Offender Owes Allegiance to the government;
3. Offender Attempts to flee or go to enemy
Elements: country; and
1. A WAR in which the Philippines is Involved; 4. Going to enemy country is Prohibited by
2. That the offender makes Correspondence competent authority
with an enemy country or territory occupied
byenemy troops; When crime consummated
3. That the correspondence is either – Mere attempt to flee or go to enemy country
a. Prohibited by the government, consummates the crime.
b. carried on in Ciphers or Conventional
Why alien may be guilty of the crime
signs, or An alien resident may be guilty of flight to enemy
c. containing notice or information which might country because an alien owes temporary
be useful to the Enemy. allegiance to the Philippine government.
Correspondence Necessity of prohibition

Communication by means of letters, or it may refer There must be a prohibition. If there is none, even if
to the letters which pass between those who have one went to an enemy country, there is no crime.
friendly or business relations. Note that, even if the
correspondence contains innocent matters, if the
correspondence has been prohibited by the
government, it is punishable because of the
possibility that some information useful to the enemy
might be revealed unwittingly.
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Section 3. – Piracy and Mutiny on High Seas or 1. Attacking or seizing a vessel on the high seas
In Philippine Waters or in Philippine waters (P.D. 532); and
2. Seizing the whole or part of the vessel’s cargo,
Art. 122. Piracy in General and Mutiny on the its equipment, or the personal belongings of
High Seas or In Philippine Waters its complement or passengers, while on the
1. Piracy: Any person who, on the high seas, high seas or in Philippine waters.
shall attack or seize a vessel, or not being a
member of its complement nor a passenger, Philippine waters
All bodies of water and all waters belonging to the
shall seize the whole or part of the cargo of
Philippines by historic or legal title, including the
the vessel, its equipment or personal territorial sea, the sea-bed, the insular shelves, and
belongings of the complement or passengers other submarine areas over which the Philippines
has sovereignty and jurisdiction. (Sec. 2, P.D. No.
2. Mutiny: The unlawful resistance to a 532)
superior, or the raising of commotions and
disturbances on board a ship against the High seas
authority of its commander Any waters on the sea coast which are without the
boundaries of the low water mark although such
waters may be in the jurisdictional limits of a foreign
Elements: government; parts of the sea that are not included in
Piracy the exclusive economic zone, in the territorial seas,
1. A Vessel is on the high seas or in Philippine or in the internal waters of a state, or in the
waters; archipelagic waters of an archipelagic state. (United
2. Offenders – Not members of its complement nor Nations Convention on the Law of the Sea)
passengers of the vessel; and
3. The offenders – Piracy triable anywhere
a. Attack or seize the vessel, or Piracy is a crime not against any particular state but
b. Seize whole or part of vessel’s cargo, against all mankind. It may be punished in the
Equipment or personal belongings of its competent tribunal of any country where the
complement or passengers offender may be found or into which he may carried.
(People v Lol-lo, GR No. 17958)
Mutiny
Mutiny
1. A Vessel is on the high seas or in Philippine
It is the unlawful resistance to a superior, or the
waters; raising of commotions and disturbances on board a
2. Offenders – Members of its complement or ship against the authority of its commander.
passengers of the vessel; and
3. The offenders unlawfully resist a superior, or Piracy and Mutiny, Distinguished
raise commotions and disturbances on board PIRACY (RPC) MUTINY
the vessel against the authority of its AS TO PLACE OF COMMISSION
commander Either in Philippine waters or on the high seas
AS TO THE PERSON OF THE OFFENDERS
Piracy Committed by strangers Committed by members
It is robbery or forcible depredation on the high seas, to the vessels of the crew or
without lawful authority and done with animo furandi passengers
and in the spirit and intention of universal hostility. AS TO INTENTION
Pirates are, in law, hostes humani generis (People Intent to gain is essential The offenders may only
v Lol-lo, GR No. 17958) intend to resist/ignore
the ship's officers, or
Animo furandi they may be prompted
Latin term meaning “intention to steal” by a desire to commit
Note: Under P.D. 532, piracy may be committed plunder
even by a passenger or member of the complement
of the vessel. Rule on Jurisdiction
1. Piracy in high seas – jurisdiction of any court
Punishable Acts (modes of committing Piracy): where offenders are found or arrested
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2. Piracy in internal waters – jurisdiction of AS TO THE PERSON OF THE OFFENDERS

Philippine courts Committed by Committed by members
strangers to the of the crew or
Piracy and Robbery on High Seas vessels passengers
ROBBERY ON HIGH AS TO PLACE OF COMMISSION
PIRACY (RPC)
SEAS Philippine waters or Philippine waters only
Offender is an Offender is a member of high seas
outsider the complement or a
passenger of the vessel AS TO WHEN PIRACY BECOMES QUALIFIED
In both, there is intent to gain and the manner of When it is When physical injuries
committing the crime is the same. accompanied by or other crimes are
murder, homicide, committed as a result or
physical injuries or on the occasion thereof,
PD 532 Anti-Piracy and Anti-Highway Robbery rape or when murder,
Law of 1974 homicide or rape is
PIRACY (RPC) MUTINY (PD 532) committed by reason or
AS TO PLACE OF COMMISSION on the occasion thereof
Punishes piracy Punishes piracy
committed either in committed only in Art. 123. Qualified Piracy
Philippine waters or on Philippines waters
the high seas Elements:
AS TO THE PERSON OF THE OFFENDERS A. Qualifying Circumstances (Piracy):
Committed by Committed by any 1. Seizure of the vessel by Boarding or Firing
strangers to the person (who may be upon the same;
vessels (non- members of the crew or 2. Abandonment by pirates of victims without
passengers or non- passengers) means of saving themselves; or
members of the crew) 3. Crime was Accompanied by murder,
homicide, physical injuries, or rape.
Vessel (under PD 532) – any vessel or watercraft
used for transport of passengers and cargo from B. Mutiny: When the second or third circumstance
one place to another through Philippine waters accompanies the crime of mutiny mentioned in Art.
122, mutiny is then qualified. First circumstance may
Punishable Acts (under PD 532) not qualify the crime of mutiny.
1. Piracy
2. Highway robbery/ brigandage Qualified Piracy is a special complex crime
3. Aiding pirates or highway robbers/ brigands or punishable by reclusion perpetua to death,
abetting piracy or highway robbery/brigandage regardless of the number of victims.
Note: The word “crimes” in the opening sentence

Piracy under RPC and under PD No. 532,
of Art. 123 refers to both piracy and mutiny.
Distinguished
However, the second qualifying circumstance
PIRACY (RPC) PIRACY (PD 532) specifically mentions “pirates”, thereby excluding
AS TO THE MANNER OF COMMISSION mutineers.
May be committed by May be committed by
attacking or seizing a attacking or seizing a Extent of commission of Murder, Rape,
vessel, or seizing the vessel or by taking Homicide, Injuries
whole or part of its away the whole or part The murder/rape/homicide/physical injuries must
cargo or equipment or thereof or of its cargo, have been committed on the passengers or on the
the personal equipment or personal complement of the vessel
belongings of the belongings of the
complement or vessel's complement or Accomplice
passengers of the passengers by means Any person who aids or protects pirates or abets the
vessel of violence against or commission of piracy shall be considered as an
intimidation or persons accomplice.
or force upon things
—end of topic—
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B. CRIMES AGAINST THE Private individual offender

FUNDAMENTAL LAWS OF THE If the offender is a private individual, the act of
STATE detaining another is Illegal Detention. (Art. 267 or
Art. 268)
Chapter 1: Arbitrary Detention or Expulsion,
Private individual offender who conspires with
Violation of Dwelling, Prohibition, Interruption
public officers
and Dissolution of Peaceful Meetings and
However, private individuals who conspire with
Crimes against Religious Worship
public officers can be liable as principals in the crime
of Arbitrary Detention.
Section 1. – Arbitrary Detention and Expulsion
Detention through Imprudence
Art. 124. Arbitrary Detention
Arbitrary detention can be committed through
Any public officer or employee who, without legal imprudence. [People v. Misa, G.R. No. 93485. Here,
grounds, detains a person a chief of police rearrested a woman who had been
released by a verbal order of the justice of peace.
The officer acted without malice, but should have
Elements:
verified the order of release before proceeding to
1. That the offender is a Public officer or employee
make the re-arrest. The officer was convicted of
(whose official duties include the authority to arbitrary detention though simple imprudence.]
make an arrest and detain persons);
2. That he Detains a person; and Usual cause of Arbitrary Detention
3. That the detention is Without legal grounds Arrest without warrant is the usual cause of arbitrary
detention, unless it is a valid warrantless arrest
Detention (under Sec. 5, Rule 113, Revised Rules of Criminal
Actual confinement of a person in an enclosure or in Procedure).
any manner detaining and depriving him of his
liberty (People v. Flores, GR No. 116488) Does it have to be physical detention for it to be
considered Arbitrary Detention?
Legal grounds for detention: No. Psychological restraint is another form of
1. Commission of a crime; and detention. (Astorga v. People, G.R. No 154130).
2. Violent insanity or other ailment requiring
compulsory confinement of the patient in a Effect when person arrested is acquitted
hospital Under the conditions set forth in Section 5, Rule
113, particularly paragraph (b) thereof, even if the
Note: This list of legal grounds is not exclusive. So arrested persons are later found to be innocent and
long as the ground is considered legal (e.g., in are acquitted, the arresting officers are still not
contempt of court, under quarantine, or a foreigner liable. But if they do not strictly comply with the said
to be deported), there is no arbitrary detention. conditions, the arresting officers can be held liable
for the crime of arbitrary detention, for damages
Offender is a public officer or employee and/or for other administrative sanctions. (Umil v
The public officers liable for arbitrary detention must Ramos , GR No. 81567)
be vested with authority to detain or order the
detention of persons accused of a crime. Such Periods of detention penalized
public officers are the policemen and other agents 1. If the detention has not exceeded three days;
of the law, the judges or mayors and barangay 2. If the detention has continued more than 3 days,
captains. (Milo v. Salanga, GR No. L-37007) but not more than 15 days;
3. If the detention has continued more than 15
Detention by unauthorized public officer days but not more than 6 months;
Public officers who are not vested with authority to 4. If the detention has exceeded 6 months.
detain or order the detention of persons accused of
a crime or exceed their authority may be liable for A greater penalty is imposed if the period of unlawful
illegal (not arbitrary) detention because they are detention is longer. (RPC, Art. 124, Nos. 1-4)
acting in their private capacities.
Length of detention for it to be considered
arbitrary detention)
The law does not fix any minimum period of
detention. Offenders have been convicted of
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arbitrary detention even when the offended party Elements:

was detained for only an hour (US v. Agravante, 1. That the offender is a Public Officer or
G.R. No. L-3947) or even less than half an hour (US Employee;
v. Braganza, G.R. No. L-3971). 2. That he has Detained a person for some Legal
Ground; and
Arbitrary Detention and Kidnapping and Illegal 3. That he FAILS to deliver such person to the
Detention, Distinguished
proper judicial authority within:
ARBITRARY KIDNAPPING AND a. 12 hours, if detained for crimes punishable
DETENTION ILLEGAL DETENTION by light penalties, or their equivalent;
b. 18 hours, if detained for crimes punishable
A public officer who has A public officer who by correctional penalties, or their
a duty under the law to has NO legal duty to equivalent; or
detain a person but detain a person and c. 36 hours, if detained for crimes/offenses
detains a person without detains a person may
punishable by capital punishment or
legal ground be prosecuted for
afflictive penalties, or their equivalent
illegal detention
Computation of periods
Arbitrary Detention and Unlawful Arrest, The article includes Sundays, holidays and election
Distinguished days in the computation of the periods prescribed
ARBITRARY UNLAWFUL within which public officers should deliver arrested
DETENTION ARREST persons to the proper judicial authorities, as the law
AS TO THE CLASSIFICATION does not except such days in the computation.
Crime against the Crime against liberty (Soria v Desierto, GR No. 153524)
fundamental law of
the State Circumstances considered in determining
AS TO OFFENDER the liability of the officer-offender:
Public officer Any person 1. Means of communication;
AS TO PURPOSE OF OFFENDER 2. Hour of arrest; and
No intention to bring Purpose of arrest is to 3. Other circumstances such as the time of
the offended to a bring the offended to surrender and the material possibility for the
proper authority but proper authorities and file fiscal to make the investigation and timely file
merely to detain him a charge against him the necessary information. (Sayo v. Chief of
Police of Manila, G.R. No. L-2128)
AS TO THE MANNER OF COMMISSION
Although authorized, Private person: arrests a Rights of detainee:
detains a person person without reasonable 1. Be informed of the cause of his detention; and
without legal ground ground therefor, and the
2. Be allowed, upon request, to communicate
purpose is to deliver the
person arrested to the and confer at any time with his attorney or
proper authorities. counsel
Public officer: not Crime when offender is private individual

authorized to arrest and If the offender is a private person, the crime is Illegal
detain a person but does Detention.
so, or he did not act in his
official capacity There must be legal ground to arrest
Art. 125 contemplates an arrest without warrant by
virtue of some legal ground (a valid warrantless
Art. 125. Delay in the Delivery of Detained arrest)
Persons to the Proper Judicial Authorities
Any public officer or employee who shall detain When arrest made by virtue of warrant
any person for some legal ground and shall fail to If arrest is made by virtue of an arrest warrant,
deliver the same to the proper judicial authorities person may be detained indefinitely until:
within the period provided by law 1. His case is decided, or
2. He posts bail.
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Delay in filing necessary information Length of waiver

The felony consists in the delay in filing, in court, the Even when a waiver is signed, a detainee cannot be
necessary information charging the person held indefinitely. Upon signing of the waiver, a
detained. preliminary investigation must be conducted and
terminated within 15 days. (Leviste v. Alameda, G.R.
It does not contemplate actual physical delivery. No.182677)
Special Case: Anti-Terrorism Act of 2020 Delay in Delivery and Arbitrary Detention,
Under the Anti-Terrorism Act of 2020, if person Distinguished
taken custody of is suspected of committing any of DELAY IN DELIVERY ARBITRARY
the acts defined and penalized under Sections 4, 5, OF DETAINED DETENTION
6, 7, 8, 9, 10, 11, and 12 of this Act, the duly Detention is legal in Detention is illegal
authorized law enforcement agent or military the beginning; illegality from the beginning
personnel shall, without incurring any criminal starts from the
liability for delay in the delivery of detained persons expiration of the
to the proper judicial authorities, deliver said specified periods
suspected person to the proper judicial authority without the persons
within a period of fourteen (14) calendar days detained having been
counted from the moment the said suspected delivered to the proper
person has been apprehended or arrested, judicial authority
detained, and taking into custody by the law
enforcement agent or military personnel. The period
Who are proper judicial authorities?
of detention may be extended to a maximum period
They are the courts of justice or judges of said
of ten (10) calendar days if it is established that (1)
courts, vested with judicial power to order the
further detention of the person/s is necessary to
temporary detention or confinement of a person
preserve evidence related to terrorism or complete
charged with having committed a public offense.
the investigation; (2) further detention of the
(Agbay v Deputy Ombubdsman, GR No. 134503)
person/s is necessary to prevent the commission of
another terrorism; and (3) the investigation is being
Reason for Article 125
conducted properly and without delay (RA No.
It is intended to prevent any abuse resulting from
11479, Sec.29). The 3-day period under Sec. 18 of
confining a person without informing him of his
the Human Security Act has been repealed.
offense and without permitting him to go on bail.
(Laurel v Misa, GR No. L-409)
Is the illegality of detention cured by the delayed
filing of the information in court?
Art. 126. Delaying Release
No. The filing of the information in court beyond the
specified periods does not cure the illegality of Any public officer or employee who delays for the
detention. Hence, the detaining officer is still liable period of time specified the performance of any
under Art. 125. Neither does it, however, affect the judicial or executive order for the release of a
legality of the continued confinement of the detained prisoner or detention prisoner, or unduly delays
persons under process issued by the court. the service of the notice of such order, or the
proceedings upon any petition for the liberation of
Practice of arresting officers asking for the such person
execution of waivers
To prevent committing this felony, officers usually
Punishable Acts:
ask those detained to execute a waiver of the rights
1. Delaying the performance of a judicial or
provided them under Art. 125, which should be
under oath and with assistance of counsel. Such executive order for the release of a prisoner;
waiver is not violative of the constitutional right of the 2. Unduly delaying the service of the notice of
accused. such order to said prisoner; and
3. Unduly delaying the proceedings upon any
Waiver of Article 125 petition for the liberation of such person.
The rights provided a detained person under Article (REYES, BOOK TWO, p. 62)
125 may be waived by him if he asks for a
preliminary investigation. Elements:
1. That the offender is a Public Officer or
Employee;
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2. That there is a Judicial Or Executive order for Can a person be compelled to change his
the RELEASE of a prisoner or detention residence?
prisoner, or that there is a proceeding upon a Yes. However, only a court, by a final judgment, can
petition for the liberation of such person; order a person to change his residence, while the
3. That the offender without good reason delays: Chief Executive has the power to deport undesirable
aliens.
a. the Service of the notice of such order to
the prisoner, or If a Filipino, after voluntarily leaving the country, is
b. the Performance of such judicial or illegally refused re-entry, he is considered a victim
executive order for the release of the of being forced to change his address.
prisoner, or
c. the Proceedings upon a petition for the Section 2. – Violation of Domicile
release of such person.
Art. 128. Violation of Domicile
Note: Wardens and jailers are the persons most Any public officer or employee who, not being
likely to violate this provision. authorized by judicial order, shall enter any
dwelling against the will of the owner and search
R.A. No. 9745 (Anti-Torture Act) papers or other effects found therein without the
Punishable Acts: consent of the owner, or having surreptitiously
1. Physical Torture entered the dwelling, and being required to leave
2. Mental or Psychological Torture the premises, refuses to do so
Art. 127. Expulsion

Punishable Acts:
Any public officer or employee who, not being 1. Entering any dwelling against the will of the
authorized by law, shall expel any person from the owner thereof;
Philippines or shall compel such person to change 2. Searching papers or other effects found therein
his residence without the previous consent of such owner;
and
Punishable Acts: 3. Refusing to leave the premises, after having
1. Expelling a person from the Philippines; or surreptitiously entered said dwelling and after
2. Compelling a person to change his residence. having been required to leave the same
Elements: (PEN) Elements:

1. The offender is a Public Officer or Employee; 1. That the offender is a Public Officer or
2. He Expels any person from the Philippines, or Employee;
Compels a Person to change his residence; and 2. That he is Not authorized by judicial order to
3. The offender is NOT authorized by law to do so. enter the dwelling and/or to make a search
therein for papers or other effects; and
Against whom the crime may be committed 3. That he Commits any of the following acts:
Legal expulsion may only be committed against an a. Entering any dwelling against the will of the
alien on grounds provided by law and with owner thereof;
observance of due process in deportation
b. Searching papers or other effects found
proceedings; hence, criminal expulsion may be
committed also only against aliens. The second therein without the previous consent of
punishable act (compelling change of residence) such owner;
may be committed against aliens or Filipino citizens. c. Refusing to leave the premises, after
(1 AMURAO, Book Two) having surreptitiously entered said dwelling
and after having been required to leave the
Crime absorbs grave coercion same.
Crime of expulsion absorbs grave coercion. If done
by a private person, act will amount to Grave Surreptitiously – done through fraud or secret
Coercion. means to accomplish an object (stealth).
Special aggravating (qualifying) circumstances:

1. Nighttime; or
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2. Papers or effects not constituting evidence of policeman is not liable for violation of domicile
a crime are not returned immediately. because he was not acting in an official capacity. He
is liable instead for physical injuries with the
Search warrant aggravating circumstance of dwelling.
The judicial order referred to is a search warrant.
Dwelling Not authorized by judicial order
It is the place of abode where the offended party A public officer or employee is not authorized by
resides and which satisfies the requirement of his judicial order when he is not armed with a search
domestic life. (Padilla, Ambrosio, The Revised warrant duly issued by the Court. If the offender is a
Penal Code, Book 1) private individual or if the public officer is one whose
functions do not include the duty to effect search
When offender, in the first mode, is a private and seizure, the crime committed is trespass to
individual dwelling. (BOADO, RPC and SPL)
If the offender who enters the dwelling against the will
of the owner is a private individual, the crime Art. 129. Search Warrants Maliciously Obtained
committed is Trespass to Dwelling. and Abuse in the Service of Those Legally
Obtained
Public officer searching, without warrant,
Any public officer or employee who shall procure
outside of dwelling
a search warrant without just cause, or having
When a public officer searched a person “outside
legally procured the same, shall exceed his
his dwelling” without a search warrant and such
authority or use unnecessary severity in executing
person is not legally arrested for an offense, the
the same
crime committed by the public officer is either:
1. Grave Coercion if violence or intimidation is
used (Art. 286), or Punishable Acts:
2. Unjust Vexation if there is no violence or 1. Procuring a search warrant without just cause
intimidation (Art. 287). 2. Exceeding authority or by using unnecessary
severity in executing a search warrant legally
Silence of owner during search procured.
Silence of the owner of the dwelling before and
during the search, without search warrant, by a Elements:
public officer, may show implied waiver. (REYES, 1. Procure search warrant without just cause
BOOK TWO, p. 66) However, if such silence/non- a. That the offender is a Public Officer or
objection is a function of the searchers’ being armed Employee;
and using threats and intimidation, there is no b. That he procures a Search warrant; and
implied waiver. (Rojas v Spouses Matillano, GR No. c. That there is No just cause for the
141176)
procurement
When considered a search 2. Exceed Authority in Execution
Search must be the examination of a person’s body a. That the offender is a Public Officer or
or property or other area that a person would employee;
reasonably expect to consider as private, conducted b. That he has Legally procured a search
by a law enforcement officer for the purpose of warrant; and
finding evidence of a crime. Thus, the mere fact of c. That he Exceeds his authority or uses
‘looking at’ cannot strictly be considered as the unnecessary severity in executing the
search of papers and other effects. (El Pueblo de same
Filipinas v. Ella, GR No. 8716-r)
Search Warrant
Refusal to leave An order in writing issued in the name of the People
Under the 3rd mode, even if the entrance is only of the Philippines, signed by a judge and directed to
without the consent of its owner, the crime is a peace officer, commanding him to search for
committed when there is a refusal to leave the personal property described therein and to bring it
premises when required to do so. before the court
When unconsented entry is not violation of
domicile
When a policeman, who got angry, forcibly entered
the house of another and attacked the latter, the
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When search warrant procured without just Art. 130. Searching Domicile Without Witnesses
cause
Any public officer or employee who, in cases
A search warrant is said to have been procured
where a search is proper, shall search the
without just cause when it appears, on the face of
domicile, papers or belongings of any person, in
the affidavits filed in support of the application
the absence of the latter, any member of his
therefor, or through other evidence, that the
family, or in their default, without the presence of
applicant had every reason to believe that the
search warrant sought for was unjustified. (REYES, two witnesses residing in the same locality
BOOK TWO, p.70).
Elements:
Test of lack of just cause 1. That the offender is a public officer or
Whether the affidavit filed in support of the employee;
application for search warrant has been drawn in 2. That he is armed with a search warrant legally
such a manner that perjury could be charged procured
thereon and affiant can be held liable for damages. 3. That he searches the domicile, papers or
(Alvarez v. CFI, GR No. 45358)
other belongings of any person; and
Effect when warrant secured through false 4. That the owner or any member of his family, or
affidavit two witnesses residing in the same locality
The crime punished by the article cannot be is/are not present
complexed but will be a separate crime from perjury.
(REGALADO) Order of those who must witness the search:
1. Homeowner;
Requisites of valid search warrant 2. Members of the family of sufficient age and
1. It must be issued upon Probable Cause discretion; or
2. Probable cause must be determined by the 3. Responsible members of the community.
judge himself and not by the applicant or any
other person; Why search in presence of witnesses mandatory
3. In the determination of probable cause, the Search in the presence of witnesses specified by the
judge must examine, under oath or affirmation, law is mandatory to ensure regularity in the
the complainant and such witnesses as the execution of the search warrant. (People v
latter may produce; Gesmundo. GR No. 89373)
4. It should be issued in connection with one
Crimes involving searches of domicile,
specific offense; Distinguished
5. The warrant issued must particularly describe SEAERCHING SEARCH
the place to be searched and persons or things VIOLATION
DOMICILE WARRANT
to be seized OF
WITHOUT MALICIOUSLY
DOMICILE
WITNESSES OBTAINED
(ART. 128)
Effect when the Judge who issued the search (ART. 130) (ART. 129)
warrant is convicted of an administrative charge There is a
While the imposition of administrative penalties validly
operates to divest the Judge of his authority to act obtained There is a
as Vice Executive Judge, the abstraction of such warrant but its warrant but
There is no
authority would not, by itself result in the invalidity of implementa- such was
warrant.
the search warrant, considering that said Judge may tion (the maliciously
be considered to have made the issuance as a de search obtained.
process) was
facto officer. (Retired SPO4 Bienvenido Laud v
abused.
People, GR No. 199032)
Search and seizure without warrant as incident

to a lawful arrest
A person lawfully arrested may be searched, without
a search warrant, for dangerous weapons or
anything which may be used as proof of the
commission of an offense. (Sec. 12, Rule 126,
Revised Rules of Criminal Procedure)
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Section 3. – Prohibition, Interruption and Offender must not be a participant in the

Dissolution of Peaceful Meetings meeting
Offender must be a stranger, not a participant, in the
Art. 131. Prohibition, Interruption and peaceful meeting; otherwise, the offense is Unjust
Dissolution of Peaceful Meetings Vexation.
Any public officer or employee who, without legal Meeting must be peaceful
ground, shall prohibit, dissolve or interrupt the Meeting must be peaceful and there must be no
holding of a peaceful meeting; shall hinder any legal ground for prohibiting, dissolving or
person from joining any lawful association or from interrupting that meeting.
attending its meetings; or shall prohibit or hinder
any person from addressing, either alone or Interrupting meeting of municipal council
together with others, any petition to the authorities Interrupting and dissolving a meeting of the
for the correction of abuses or redress of municipal council by a public officer is a crime
grievances. against the legislative body (Art. 143) and is not
punishable under this article.
Punishable Acts: Meetings must comply with ordinances

1. Prohibiting, interrupting, or dissolving, without Those holding peaceful meetings must comply with
legal ground, the holding of a peaceful meeting; local ordinances.
2. Hindering any person from joining any lawful Section 4. – Crimes Against Religious Worship
association or from attending any of its
Art. 132. Interruption of Religious Worship
meetings;
3. Prohibiting or hindering any person from Any public officer or employee who shall prevent
addressing, either alone or together with others, or disturb the ceremonies or manifestations of any
any petition to the authorities for the correction religion
of abuses or redress of grievances
Elements:
Elements: 1. That the officer is a Public officer or employee;
1. Offender is a Public Officer or Employee; 2. That Religious ceremonies or manifestations of
2. He performs any of the following acts: any religion are about to take place or are going
a. Prohibiting or interrupting, without legal on; and
ground the holding of a peaceful meeting, 3. That the Offender prevents or disturbs the
or dissolving the same (e.g. denial of permit same.
in arbitrary manner);
b. Hindering any person from joining any Qualifying circumstance:
lawful association or from attending any of With violence or threats.
its meetings; or
c. Prohibiting or hindering any person from Reading of bible
Reading of Bible and then attacking certain
addressing, either alone or together with
churches in a public plaza is not a ceremony or
others, any petition to the authorities for the
manifestation of religion but only a meeting of a
correction of abuses or redress of religious sect; hence, only Art. 131 was violated.
grievances
Worship includes religious rites
Tests for determining if there is a violation of Art. Religious worship includes performance of religious
131 (see notes on Art. 142): rites for a religious ceremony or a manifestation of
1. Dangerous tendency rule; and religion. Examples: Mass, baptism, marriage
2. Clear and present danger rule.
X, a private person, punched a priest while the
Private individual offender priest was giving a homily and maligning a
If the offender is a private individual, the crime is relative of X. Is X liable?
Disturbance of Public Order (Art. 153). X may be liable under Art. 133 (Offending religious
feelings) because X is a private person.
Note: There must actually be a religious ceremony

being conducted on that occasion, either by itself or
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in conjunction with some other activity of the C. CRIMES AGAINST PUBLIC ORDER
religious denomination. If the offense was
committed only in a meeting or rally of a sect, it Chapter 1: Rebellion, Coup D’etat, Sedition
would be punishable under Art.131. (People v
Reyes, GR No. 13633) Art. 134. Rebellion and Insurrection
Art. 133. Offending the Religious Feelings The crime of rebellion or insurrection is committed
by rising publicly and taking arms against the
Anyone who, in a place devoted to religious Government for the purpose of removing, from the
worship or during the celebration of any religious allegiance to said Government or its laws, the
ceremony, shall perform acts notoriously offensive territory of the Republic of the Philippines or any
to the feelings of the faithful part thereof, or any body of land, naval or other
armed forces, or depriving the Chief Executive or
Elements: the Legislature, wholly or partially, of any of their
1. Acts complained of were performed powers or prerogatives.
2. in a Place Devoted to religious worship, or
3. during the Celebration of any religious Elements:
ceremony; 1. Public Uprising and Taking Arms against the
4. Acts must be Notoriously Offensive to the government;
feelings of the faithful 2. Purpose:
Persons liable a. To Remove from the Allegiance to
The offender can be any person. Government or laws:
i. Territory of Philippines (in whole or in
Offense to feelings part);
Offending religious feelings is judged from the ii. Body of land, or army/naval/other
complainant’s point of view. forces; or
b. To Deprive Chief Executive or Congress
Nature of places
wholly or partially of powers or prerogatives
The phrase ‘in a place devoted to religious worship’
does not necessarily require that a religious
ceremony is going on. The phrase ‘during the Rebellion
celebration’ is separated by the word ‘or’ from the It is more frequently used where the object of the
phase ‘place devoted to religious worship’ which movement is to completely overthrow and
indicates that the ‘religious ceremony’ need not be supersede the existing government. (REYES, BOOK
celebrated in a place of worship. TWO) By its nature, rebellion, is a crime of the
masses or multitudes involving crowd action done in
Religious ceremony furtherance of a political end.
Religious acts performed outside of a church, such
as processions and special prayers for burying dead Insurrection
persons, are covered. Examples of religious It is more commonly employed in reference to a
ceremonies, (acts performed outside the church): movement which seeks merely to effect some
processions and special prayers for burying dead change of relatively minor importance, or to prevent
persons but NOT prayer rallies the exercise of governmental authority with respect
to particular matters or subjects.
Nature of acts notoriously offensive to feelings
Acts notoriously offensive to the feelings of the Rebellion and Insurrection, Distinguished
faithful must be directed against religious practice, REBELLION INSURRECTION
dogma or ritual for the purpose of ridicule, such as
mocking or scoffing or attempting to damage an Purpose is to Purpose is to effect a
object of religious veneration. overthrow or change of minor
supersede the existing importance, or to
Deliberate intent to hurt feelings government prevent the exercise of
There must be deliberate intent to hurt the feelings government authority with
of the faithful. Mere arrogance or rudeness is not respect to particular
enough. matters
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Purpose must be shown but not necessary to be Necessity of public uprising and taking up of
accomplished arms
The purpose of the uprising must be shown. Without A public uprising and the taking up of arms are
evidence to indicate the motive or purpose of the necessary as overt acts to constitute rebellion.
accused, the crime does not constitute rebellion. However, taking part in the clash of arms is not
(US v. Constantino, GR No. 1186, November 18, necessary to be convicted of rebellion.
1903)
Identifying self with a group
Rebellion and Treason, Distinguished If there is conspiracy, knowingly identifying one’s
REBELLION TREASON self with a group that commits rebellion is enough
AS TO CLASSIFICATION for conviction thereof, even if he himself did not rise
Crime against public Crime against national publicly and take arms.
order security
AS TO PURPOSE When Consummated
Consummated the very moment rebels rise and take
To remove, from the The delivery of the
arms against the government. They do not need to
allegiance to said Philippines to a foreign
achieve their purpose for rebellion to be
Government or its laws, power
consummated.
the territory of the
Philippines, or any
Purpose for rebellion
body of land, naval or
The purpose of the uprising must be shown.
other armed forces; or
to deprive the Chief
Not necessary that purpose be achieved
Executive or Congress
It is not necessary for conviction that the purpose is
of any of their powers
achieved.
AS TO MANNER OF COMMISSION
Public Uprising and By levying war against Necessity of actual participation
By taking arms against the Government or There must be ACTUAL participation. Mere giving of
the Government, for by adhering to the aid or comfort is not criminal in the case of rebellion.
any of the specified enemies of the Public officer must take active part because mere
purposes in Art.134 Philippines, giving them silence or omission is not punished in rebellion.
aid or comfort.
AS TO TIME OF COMMISSION Non-recognition of government or absence of
In times of peace During times of war oath of allegiance not a defense
AS TO THE PLACE OF COMMISSION It is not a defense that the accused never took an
Only in the Philippines May be committed in oath of allegiance, or never recognized the
the Philippine territory government.
or elsewhere
Absorption of ordinary crimes performed for
AS TO THE PERSON COMMITTING
and during a rebellion (Political Offense
Any person Only by a Filipino Doctrine)
citizen or an alien 1. People v. Hernandez: Rebellion cannot be
residing in the
complexed with ordinary (common) crimes
Philippines
done pursuant to it. (G.R. Nos. L-6025-26).
AS TO PROOF NEEDED FOR CONVICTION
2. People v. Geronimo: Crimes done for private
Proved by showing the Testimony of at least
purposes without political motivation should be
purpose of the uprising two witnesses to the
beyond reasonable same overt act, or separately punished. (G.R. No. L-8936).
doubt. confession of accused 3. Enrile v. Salazar: Hernandez ruling remains
in open court binding doctrine, operating to prohibit the
complexing of rebellion with any other offense
Rebellion in general committed on the occasion thereof, either as a
Crime of masses means to its commission or as an unintended
A crime of masses, of the multitude; cannot be effect of any activity that constitutes rebellion.
committed by only one person (G.R. No. 92164).
It is a continuing crime
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Political crimes 4. Purpose: to seize or diminish state power

Crimes directly aimed against the political order, as
well as such common crimes as may be committed Coup d’état in general
to achieve a political purpose. The decisive factor is 1. May be perpetrated with or without civilian
the intent or motive. (People v Hernandez, GR No. participation; and
L-6025-26) 2. Coup d’état is no longer specifically listed and
punished as a predicate crime for terrorism
Common crimes done in pursuance of (Section 4 of R.A. 11479 expressly repealing
rebellious purpose
Section 3 of R.A. 9372) but may still be
If other common crimes were done in pursuance of
the rebellious purpose, these crimes are absorbed punished as terrorism if the circumstances
and the person is liable only for rebellion. make it fall within the broader formulation of
terrorism under R.A. 11479
Absorption not automatic
Absorption is not automatic. One has to show that No frustrated stage
common crimes were done pursuant to rebellious There is no frustrated stage for coup d’ etat. The
purposes, even if one was a member of a rebellious mere attack directed against the duly-constituted
group. authorities of the PH, or any military camp or
installation, communication networks, public utilities
Crimes done for personal or other purposes or other facilities needed for the exercise and
If other common crimes are done for personal continued possession of power, consummates the
purposes, even while the person is in rebellion, the crime
person will be held separately liable.
Coup d’etat and Rebellion, Distinguished
Overt act as element of rebellion COUP D’ETAT REBELLION
Once an overt act (even if it is a crime itself) is cited AS TO CLASSIFICATION
as an element of Rebellion in the information, it can Both are crimes against public order
no longer be charged as a separate crime. AS TO PURPOSE
To seize or diminish 1. To remove from the
Art. 134-A. Coup d’état State power allegiance to the
The crime of coup d’état is a swift attack Government or its
accompanied by violence, intimidation, threat, laws, the territory of
strategy or stealth, directed against duly the Philippines, or
constituted authorities of the Republic of the any body of land,
Philippines, or any military camp or installation, naval or other
communications networks, public utilities or other armed forces; or
facilities needed for the exercise and continued
possession of power, singly or simultaneously 2. To deprive the Chief
carried out anywhere in the Philippines by any Executive or
person or persons, belonging to the military or Congress of any of
police or holding any public office or employment,
their powers
with or without civilian support or participation, for
the purpose of seizing or diminishing state power. Criminal objective is to Criminal objective is to
destabilize, immobilize overthrow the
Elements: or paralyze the government and for the
1. Offender: member of the military, police force, existing government offenders to establish
or any public officer or employee, and any their own
possible civilian supporters
2. Means: swift attack accompanied by violence,
intimidation, threat, strategy, or stealth;
3. Possible targets: duly constituted authorities
of the Philippines; any military
camp/installation, communication networks,
public utilities, or other facilities needed for the
exercise and continued possession of power;
and
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AS TO MANNER OF COMMISSION Participants in

Swift attack Committed through Participates or executes the
government
accomplished by force and violence or at commands of others
service
violence, intimidation, least by intimidation or
threat, strategy or threats, by: Participants
stealth 1. Public uprising; and not in Aids, abets, finances, or
2. By taking arms government otherwise assists commission
against the service
Government for any
of the purposes Who shall be deemed the leader of the rebellion,
specified in Art. 134 insurrection or coup d’etat in case he is
AS TO THE OBJECT AGAINST WHICH THE unknown?
ATTACK IS COMMITTED Any person who in fact:
Directed against the Directed against the 1. Directed the others;
duly constituted Government 2. Spoke for them;
authorities of the 3. Signed receipts and other documents issued in
Republic of the their names; or
Philippines, or any 4. Performed similar acts, on behalf of the rebels
military camp or
installation, Membership in rebel organizations
communication Membership in a rebel organization does not
networks, public automatically qualify as a criminal act absorbed in
utilities or other rebellion. It must be conclusively demonstrated that
facilities needed for criminal acts were committed in furtherance of
the exercise and rebellion. (People v Lovedioro, GR No. 112235)
continued possession
of power Assistant to a principal
AS TO THE PERSON COMMITTING Being a mere assistant to a principal (leader) who is
The principal offenders Any person, whether guilty of rebellion, the accused is guilty only as a
should belong to the public officer or not participant in the commission of rebellion under par.
military or police 2, Art 135. (People v Lava, GR No. L-4974-78)
forces or hold any
public office or Non-applicability of Indeterminate Sentence
employment, but may Law
also have civilian The Indeterminate Sentence Law does not apply to
supporters coup d’état and rebellion or insurrection. It excludes
AS TO THE NUMBER OF OFFENDERS from its coverage those charged with misprision of
May be committed Involves a multitude of treason, rebellion, sedition or espionage.
singly or collectively people.
Art. 136. Conspiracy and Proposal to Commit
Art. 135. Penalty For Coup D’état, Rebellion And Coup D’état, Rebellion, or Insurrection
Insurrection
Crimes Penalized under Article 136
Persons Liable; Their Acts and Penalty 1. Conspiracy to commit rebellion;
PARTICIPANT ACTS 2. Proposal to commit rebellion
3. Conspiracy to commit coup d’état
REBELLION OR INSURRECTION 4. Proposal to commit coup d’état
Leaders Promotes, maintains, heads Conspiracy to commit rebellion

Participates or executes the When two (2) or more persons come to an
Participants agreement to rise publicly and take arms against the
commands of others
Government for any of the purposes of rebellion and
COUP D’ETAT decide to commit it (REYES, BOOK TWO, p. 100)
Leads, directs, or commands Sufficiency of mere membership

Leaders
others to undertake a coup d'etat Mere membership in a rebellious organization is
sufficient to find an accused guilty of conspiracy to
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commit rebellion. (People v Lava, GR No. L-4974- b. shall continue to discharge the duties of
78) their offices under the control of the rebels;
or
Mere act of agreeing and deciding c. accept appointment to office under them
Merely agreeing and deciding to commit the above-
mentioned crimes against the Government, without Note: Penalty for all acts is Prision Correccional in
actually performing the overt acts, is already its minimum period.
punishable as Conspiracy to commit Rebellion.
(People v Geronimo, GR No. L-8936) Offenders
1. Should be a public officer or employee. A
Gravamen of conspiracy
private individual cannot violate this article,
There is no conspiracy when the people have not
agreed or decided to commit the crimes. even if he accepts appointment under the rebel
government.
Acts which seem helpful to rebels 2. Should not be in conspiracy with the rebels. If
Even if some acts may be construed as helpful to there is conspiracy, he/she will be liable for
rebels, if there is no intent to aid them in achieving rebellion.
their rebellious purposes, those who gave aid are
not liable as conspirators. Rebellion as pre-requisite
1. There must be a rebellion to be resisted in the
Mere giving of speeches first place.
Even if someone gave speeches extolling the 2. This article is inapplicable in the absence of the
crimes, if there is no evidence that those who heard crime of rebellion.
it took it as a proposal, the person who gave the
speech is not liable under this article.
Art. 138. Inciting To Rebellion Or Insurrection
Instances when preparatory acts punishable Any person who, without taking arms or being in
Art.136 provides for instances when preparatory open hostility against the Government, shall incite
acts are deemed punishable by law. others to the execution of any of the acts under
Art.134, by means of speeches, proclamations,
Proposal to commit rebellion writings, emblems, banners or other
When the person who has decided to rise publicly representations tending to the same end
and take arms against the Government for any of
the purposes of rebellion proposes its execution to
Elements:
some other person/s (REYES, BOOK TWO, p. 100)
1. The offender does not take up arms or is not in
Art. 137. Disloyalty of Public Officers or open hostility against the Government
Employees 2. He incites others to the execution of any of the
acts of rebellion
Any public officer or employee who failed to resist 3. The inciting is done by means of speeches,
a rebellion by all the means in his/her power or proclamations, writings, emblems, banners or
shall continue to discharge the duties of his/her other representations tending to the same end
office under the control of the rebels or shall
accept appointment to office under them.
Applicability
1. People incited must not actually commit
Punishable Acts: rebellion for this article to apply.
1. Failing to resist rebellion by all means; 2. If those who are incited commit rebellion, this
2. Continuing to discharge duties under the rule of article is not applicable.
rebels; or a. Those incited would be guilty of rebellion as
3. Accepting appointment under the rule of rebels principals by direct participation.
b. Those inciting would be guilty of rebellion
Elements: as principal by inducement.
1. Public officers or employees
2. who:
a. fail to resist a rebellion by all means in their
power;
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Inciting to Rebellion and Proposal To Commit b. Multiple people with no arms or means of
Rebellion, Distinguished violence at all cannot commit sedition.
INCITING TO PROPOSAL TO 5. Common crimes are not absorbed in sedition.
REBELLION COMMIT REBELLION
Note: Concurrence of public uprising and purpose
It is not required that the The person who of sedition is required. When one is absent, it is not
offender has decided to proposes has decided to sedition.
commit rebellion; and commit rebellion; and
Sedition and Treason, Distinguished
The inciting is done The person who
publicly proposes the execution SEDITION(ART.139) TREASON (ART. 114)
of the crime uses secret
means AS TO NATURE
Sedition refers to an Treason is a war crime.

Note: In both proposal and inciting, the offender internal conflict. Violation by a subject of
induces another to commit rebellion Commotions or his allegiance to his
disturbances of the sovereign
Art. 139. Sedition State
Act of individuals who rise publicly and AS TO MANNER OF COMMISSION
tumultuously in order to attain by force specific
objectives (which are not those of Causing public and Limited to two ways:
rebellion/insurrection) tumultuous 1. Levying war; and
disturbances in one’s 2. Adherence to the
country enemy, giving them
Elements:
1. Offender rises publicly and tumultuously aid or comfort
2. Means: force, intimidation and “outside” (extra-
AS TO PURPOSE
legal) methods
3. Objectives: 1. To prevent the The purpose of levying
a. Prevent promulgation/execution of law or promulgation or war is to help the
holding of popular election; execution of any enemy.
b. Prevent government or officer thereof from law or the holding
freely exercising functions; of any popular
c. Inflict act of hate or revenge upon public election;
officer or employee or his property; 2. To prevent the
d. Commit, for political or social ends, any act National
of hate or revenge on any person or social Government or
class; or local government,
e. Despoil, for any political or social end, any or any public
person, the Government, or any division officer thereof from
thereof of all or some of their property freely exercising its
or his functions, or
Sedition in general prevent the
1. Sedition is the raising of commotions or execution of any
disturbances in the State. administrative
2. It can be committed by both private and public order;
persons. 3. To inflict any act of
3. Its object is generally a violation of public hate or revenge
peace upon the person or
4. It is committed tumultuously; it cannot be property of any
committed by one person alone. public officer or
a. Something is considered tumultuous if it employee ;
involves at least four (4) men with 4. To commit, for any
weapons or other means of violence. political or social
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end, any act of shall be considered as attempted coup d’ etat,

hate or revenge an aggravating such violation shall be
against private circumstance. absorbed as an element
persons or any of the crime of rebellion
social class; and or insurrection, or
attempted coup d’ etat.
5. To despoil, for any
political or social
end, any person, Public uprising and an object of Sedition must
local government concur
or the national It is immaterial if the object be completely attained.
Mere public uprising for any of the objectives
Government, or
mentioned in Art. 139 is punishable. However,
the US public uprising and an object of sedition must
Government, of all concur.
its property or any
part thereof. Art. 141. Conspiracy to Commit Sedition
There must be an agreement and a decision to
Sedition and Rebellion, Distinguished rise publicly and tumultuously to attain any of the
SEDITION REBELLION objects of sedition in order to constitute the crime
of conspiracy to commit sedition.
AS TO THE MANNER OF COMMISSION
(N.B. There is no independent felony of proposal
Arms are not It is necessary that there to commit sedition.)
necessary. It is enough be a public uprising and
that there is a public taking arms against the
uprising and the Government. Art. 142. Inciting To Sedition Punishable Acts
uprising is tumultuous. Any person who, without taking any direct part in
the crime of sedition, should commit any of the
AS TO THE NATURE OF THE PURPOSE punishable acts indicated below
The purpose of the The purpose is always

Punishable Acts:
offenders may be political.
1. Inciting others to sedition by means of
political or social.
speeches, proclamations, writings, emblems,
AS TO THE PURPOSES cartoons, banner or other representations
tending to the same end;
Any of the objects To remove from 2. Uttering seditious words or speeches, which
enumerated in Art.139 allegiance to the tend to disturb the public peace;
Government or its laws 3. Writing, publishing, or circulating scurrilous
the territory of the libels against Government or any of its duly
Philippines, or any body
constituted authorities;
of land, naval or other
4. Knowingly concealing such evil practices
armed forces; or
To deprive the Chief
Executive or Congress Elements: Inciting Others to Sedition
of any of their powers 1. That the offender Does not take a direct part
in the crime of sedition;
USE OF UNLICENSED FIREARMS 2. That he Incites others to the accomplishment
(SEC. 29 OF R.A. 10591) of any of the acts which constitute sedition; and
3. That the inciting is done by means of
The use of a loose If the use of an
firearm, when inherent unlicensed firearm is in Speeches, Proclamations, Writing,
in the commission of a furtherance of, or Emblems, Cartoons, Banners, or other
crime punishable under incident to, or in representations tending to the same end.
the Revised Penal connection with the
Code (except rebellion) crime of rebellion of
or other special laws, insurrection, or
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Uttering and writing: when punishable (Acts 2 & Chapter 2: Crimes against Popular
3) Representation
1. When they tend to disturb or obstruct any
public officer in executing the functions of his Section 1. – Crimes against Legislative Bodies
office; and Similar Bodies
2. When they tend to instigate others to cabal and
meet together for unlawful purposes; Art. 143. Acts Tending To Prevent the Meeting of
3. When they suggest or incite rebellious the Assembly and Similar Bodies
conspiracies or riots; or Any person who by force or fraud prevents the
4. When they lead or tend to stir up the people meeting of either the Congress or any provincial
against the lawful authorities or to disturb the board or municipal council
peace of the community, the safety and order of
the government Elements:
1. A Projected or Actual Meeting of Congress or
Two rules relative to seditious words any of its committees or subcommittees,
1. Clear and present danger rule constitutional commissions or committees or
a. Danger should be both clear and imminent; divisions thereof, or of any provincial board or
b. Reasonable ground to believe that the city or municipal council or board; and
danger apprehended is imminent and that 2. The offender, who may be any person,
the evil to be prevented is a serious one to prevents such meeting by force or Fraud.
the State; and
c. Present time element: not only probable but Note:
very likely inevitable Chiefs of Police and Mayors who prevent meetings
2. Dangerous tendency rule of municipal councils are liable under Art. 143, when
a. Tends to create a danger of public uprising; the defects of the meetings are not manifest and
b. Easily produces disaffection; and require investigations before such defects can be
c. Produces state of feelings incompatible determined.
with a disposition to remain loyal to the
Just Cause
government
1. If there is just cause for preventing a meeting,
the person doing so is not liable under this
Scurrilous
It means low, vulgar, mean or foul (REYES, BOOK article.
TWO, p. 113) 2. Just cause must appear immediately and must
not be one assumed and proven later by an
Knowingly concealing such evil practices investigation.
It is ordinarily an act of the accessory after that fact.
But under this provision, the act is treated and Art. 144. Disturbance of Proceedings
punished as that of the principal.
Any person who disturbs the meetings of either
Reason why seditious utterances are prohibited the Congress or any provincial board or city or
If the State were compelled to wait until the municipal council; or in the presence of any such
apprehended danger became certain, then its right bodies should behave in such manner as to
to protect itself would come into being interrupt its proceedings or to impair the respect
due it
simultaneously with the overthrow of the
Government, when there would be neither
prosecuting officers nor courts for the enforcement Elements:
of the law. (Gitlow v New York, 268 US 652) 1. An Actual Meeting of Congress or any of its
committees, constitutional commissions or
committees or divisions thereof, or of any
provincial board or city or municipal council or
board; and
2. The offender does any of the following acts;
a. Disturbs any of such meetings; or
b. Behaves while in the presence of any such
bodies in such a manner as to Interrupt its
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proceedings or to impair the respect due Elements:

it. 1. Prevent attendance, expression of opinion, or
casting of vote
Note: a. Means: force, intimidation, threats, or
Accused may also be punished for contempt by the fraud;
legislative body or by the constitutional commission. b. Purpose: To prevent any member of the
National Assembly from;
When disturbance created by participant i. Attending a meeting;
The crime can only be committed by a non-
ii. Expressing opinion; or
participant.Disturbances created by a participant in
the meeting are not covered by Art.144. It could iii. Casting vote.
however amount to unjust vexation. 2. Arresting or searching a member of Congress
while in regular or special session
Complaint for disturbance of proceedings may a. Offender: Public officer or employee;
be filed by a member of a legislative body b. Arrests or searches any member of
The crime punished under Article 144 may be Congress;
prosecuted de oficio. Hence, it may be commenced c. During regular or special session; and
upon the written complaint of a member of the d. Member searched/arrested has not
Municipal Board the proceedings of which were committed a crime punishable by prision
disturbed or interrupted although such member was
mayor or higher.
not authorized by the rules or a resolution of the
Board. (REYES, BOOK TWO, p.119 citing People v.
Lapid C.A. 59 O.G. 4059) Notes: Actual prevention not necessary
1. It is not necessary that a member of Congress
is actually prevented from attending, expressing
Section 2. – Violation of Parliamentary Immunity his opinion, or voting
2. It is sufficient that offender had the purpose and
Art. 145. Violation of Parliamentary Immunity performed overt acts toward achieving such
purpose
1. Any person who shall use force, intimidation,
threats or fraud to prevent any member of
Parliamentary Immunity
either House of the Legislature from attending
1. Protects from civil and criminal liability
the meetings thereof, from expressing his
2. Does not protect a member of Congress from
opinions, or casting his vote
responsibility before the legislative body itself
2. Any public officer or employee who shall,
whenever that member’s conduct is considered
while the Legislature is in session, knowingly
inappropriate or unbecoming
arrest or search any member thereof, except
3. Other members may, by votation, opt to
in case such member has committed a crime
suspend, imprison, or expel unruly or otherwise
punishable under this Code by a penalty erring members of Congress
higher than Prisión Mayor
Note:
Punishable Acts: Article VI of the 1987 Constitution states that; “A
1. Using force, intimidation, threats, or fraud to Senator or Member of the House shall in all offenses
prevent attendance, expression of opinion, or punishable by not more than 6 years imprisonment,
casting of vote, by any member of Congress; be privileged from arrest while Congress is in
2. Arresting or searching a member of Congress session” while Art.145 of the RPC states penalty
higher than prision mayor. To be consistent with the
while in regular or special session;
Constitution, the Constitution should prevail over
a. Unless the member is charged with a crime Art.145, and the Constitution says “6 years”, not
with a penalty higher than Prision mayor; prision mayor.
b. However, to harmonize with the 1987
Constitution, the RPC provision should be
read as “a penalty of Prision mayor or
higher”
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Chapter 3: Illegal Assemblies and Associations Note: Not all the persons present at the meeting of
the first form of illegal assembly must be armed, it is
Art. 146. Illegal Assemblies sufficient that at least two persons are armed. If
none of the persons present in the meeting are
Any meeting attended by armed persons for the
armed, there is no crime of illegal assembly.
purpose of committing any of the crimes
punishable under this Code, or any meeting in Forms of Illegal Assembly Compared
which the audience is incited to the commission of
the crime of treason, rebellion or insurrection, FIRST KIND SECOND KIND
sedition, or assault upon a person in authority or
his agents AS TO THE PERSONS ATTENDING
Two kinds of Meetings Persons attending are Persons attending may

1. Meeting attended by armed persons for the armed persons be armed or not
purpose of committing any of the crimes
AS TO THE PURPOSE
punishable under the RPC
Elements: To commit any crime To commit the crime of
a. There is a Meeting; punishable under the treason, rebellion or
b. The meeting is attended by Armed RPC insurrection, sedition or
persons; and assault upon a person in
c. The Purpose of the meeting is to commit authority or his agents
any of the crimes punishable under the
RPC
Effect when Audience incited
2. Meeting in which the audience, whether armed If the audience is incited to commit rebellion or
or not, is incited to the commission of the crimes sedition, the crimes committed are illegal assembly
of treason, rebellion or insurrection, sedition or as regards the organizers or leaders and persons
merely present (but with intent to illegally assemble)
assault upon a person in authority or his agent
and inciting to rebellion or sedition insofar as the one
Elements: inciting them is concerned.
a. There is a Meeting;
b. The Audience may or may Not be armed;
and Art. 147. Illegal Associations
c. The Purpose of the meeting is to incite the Associations totally or partially organized for the
audience to commit the crime of treason, purpose of committing any of the crimes punishable
rebellion or insurrection, sedition or direct under this Code or for some purpose contrary to
assault. public morals
Presumptions when a person carries unlicensed Kinds of Illegal Associations:

firearm to the assembly 1. Those totally or partially organized for the
1. Purpose of the meeting is to commit a crime
purpose of committing a felony; and
under the RPC insofar as he is concerned; and
2. Those totally or partially organized for purposes
2. Possessor is a leader or organizer of the
contrary to public morals
meeting.
Persons liable:
Persons liable for illegal assembly 1. Founders and Presidents; and
1. Organizers or leaders of the meeting; and
2. Members
2. Persons merely present at the meeting [except
when presence is merely out of curiosity – not Public Morals
liable since they do not have the intent to Refers to matters which affect the interest of society
illegally assemble (REYES, BOOK TWO, P. 125)] and public convenience and is not limited to good
customs.
Meeting
The word 'meeting' includes a gathering or group,
whether in a fixed place or moving.
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Illegal Associations and Illegal Assembly, 2. Without public uprising, by attacking, by

Distinguished employing force (against), or by seriously
ILLEGAL ASSOCIATION ILLEGAL ASSEMBLY intimidating or by seriously resisting, any
person in authority or any of his agents, while
Not necessary that there Actual meeting or engaged in the performance of official duties, or
be an actual meeting assembly necessary on the occasion of such performance. (2nd
form)
It is the act of forming or It is the organizing of the
organizing of, and meeting and intentional
membership in, the attendance at such Elements: (5)
a. Offender (a) makes an Attack, (b) employs
association that are meeting that are
punished punished Force, (c) makes a Serious Intimidation, or
(d) makes a Serious Resistance;
Persons liable: Persons liable: b. Person assaulted is a Person in Authority
founders, directors, organizers or leaders, or his Agent;
president, and members and persons c. At the time of the assault, the person in
intentionally present at authority or his agent
the meeting
i. is engaged in the actual performance
Even associating to Meetings are held in of official duties (motive is not
commit acts contrary to connection with crimes essential); or
public morals are punishable by the RPC ii. is assaulted by reason of the past
included; thus may performance of official duties (motive is
include crimes essential);
punishable by special d. The offender knows that the one he is
laws assaulting is a person in authority or his
agent and intends to offend, injure or
Chapter 4: Assault Upon, and Resistance and assault; and
Disobedience to, Persons in Authority and Their e. No Public Uprising.
Agents
Notes:
Art. 148. Direct Assault 1. The offended party is either a person in
Any person or persons who, without a public authority of an agent of a person in authority.
uprising, shall employ force or intimidation for the 2. When the offended party is no longer a person
attainment of any of the purposes enumerated in in authority (e.g. retired judge), the offender
defining the crimes of rebellion and sedition, or cannot be held liable for direct assault even if
shall attack, employ force, or seriously intimidate the attack is by reason of the former’s past
or resist any person in authority or any of his performance of official duties.
agents while engaged in the performance of
official duties or on occasion of such performance
Required Degree of Force, Intimidation, or
Resistance for Liability to Attach Under This
Two forms of Direct Assault Article
1. Without public uprising, by employing force or
FORCE INTIMIDATION/
intimidation for attainment of any of the
EMPLOYED RESISTANCE
purposes enumerated in defining the crimes of
rebellion and sedition (1st Form); Person in Need not be Must be serious
Authority serious
Elements: (FIn-Aim-NoPU) (3) Must be of
a. Offender employs Force or INtimidation; Agent serious Must be serious
b. AIM of offender is to attain any of the character
purposes of the crime of rebellion or
sedition; and General Rule: Direct assault is always
c. There is NO Public Uprising. complexed with the material consequence of the
Note: act (Ex. Direct Assault with Murder).
Offended party here may be a private person
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Exception: If resulting in slight physical injuries, conducted in the middle of the night, when the
the consequent crime is absorbed. officers are limited to “plain view search”,
cannot be equated with disobedience.
Notes:
1. Resistance to the person in authority or his Qualifying circumstances:
agent must be active (as it must be serious or 1. When the assault is committed with a weapon;
grave) to constitute a crime under this article. It 2. When the offender is a public officer or
cannot be passive, as when one throws himself employee; or
on the ground and refuses to follow orders given 3. When the offender lays hands upon a person in
by a person in authority to move. authority
2. If the use of physical force against agents of
persons in authority is not serious, the offense Direct Assault and Rebellion, Distinguished
is not direct assault, but resistance or
DIRECT
disobedience. In this case where X grabbed the
ASSAULT REBELLION
shirt of Officer Y then slapped and kicked him
(FIRST FORM)
several times, it was held that the exerted force
is not dangerous, grave, or severe enough to 1. There is no 1. There must be a
warrant the penalties attached to the crime of public uprising; public uprising
direct assault. (Mallari v. People, G.R. No. 2. Offender 2. There must be
224679) employs force or taking of arms
3. Even when the person in authority or the intimidation; against the
agent agrees to fight, direct assault is still and government; and
committed. 3. Aim of offender
4. Even another person in authority can be guilty of is to attain any i. Removal, from
assault upon a person in authority or his agent. of the purposes allegiance to
However, there can be no assault upon or of the crime of the
disobedience to one’s authority by another rebellion or Government or
person in authority or his agent when they both sedition its laws, the
contend that they were in the exercise of their territory of the
respective duties. Philippines or
5. A person in authority or his agent is not in the any part
actual performance of official duties when he: thereof, or of
a. Exceeds his powers, any body of
b. Uses unnecessary force or violence, or land, naval or
c. Descends into matters, which are private in other armed
nature. forces,or
6. Knowledge of the accused that the victim is a ii. to deprive the
person in authority or his agent is essential and Chief Executive
such knowledge must be alleged in the or Congress,
information. wholly or
7. Evidence of motive of the offender is important partially, of any
when the person in authority or his agent who is of their powers
attacked or seriously intimidated is not in the or prerogatives
actual performance of his official duty.
8. Direct assault may be committed upon a private
Art. 149. Indirect Assault
person who comes to the aid of a person in
authority since he is then considered an agent Any person who shall make use of force or
of a person in authority. intimidation upon any person coming to the aid of
9. Direct assault cannot be committed during the authorities or their agents on occasion of the
rebellion. Crime of slight physical injuries is commission of any of the crimes defined in the
next preceding article (Direct Assault)
absorbed in direct assault.
10. The exercise of one’s right to resist
unreasonable searches attempted to be
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Elements: (PAA-PA-FIn) (3) when required to do so by the said bodies in the

1. A Person in Authority or Agent is the victim of exercise of their functions;
any of the forms of direct assault in the previous 4. Restraining another from attending as
article; witness in such body; or
2. A Person comes to the Aid of such victim; and 5. Inducing disobedience to a summons or
3. Offender makes use of Force or Intimidation refusal to be sworn
against such person coming to the aid of the
victim of direct assault Art. 151. Resistance and Disobedience to a
Offended party Person in Authority or the Agents of Such
1. May be a private person Persons
2. A private person who comes to the rescue of an
authority or his agent enjoys the privileges of Any person who, not being included in the
provisions of the preceding articles, shall resist or
the latter
seriously disobey any person in authority, or the
agents of such person, while engaged in the
Notes: performance of official duties.
Direct assault must have been committed first or is
being committed for this article to be applicable. N.B: This disobedience to an agent of a person in
authority may be simple or serious.)
Art. 150. Disobedience to Summons Issued by
the Congress, its Committees or
Punishable Acts:
Subcommittees, by the Constitutional
Commission, its Committees, Subcommittees, Resistance or serious disobedience; or
or Divisions. Simple disobedience.
Any person who, having been duly summoned to Elements of Resistance or Serious
attend as a witness before the National Assembly, Disobedience: (3)
(Congress), its special or standing committees 1. A Person in Authority or his Agent is engaged
and subcommittees, the Constitutional in performance of official duties;
Commissions and its committees, subcommittees, 2. The Offender Resists or Seriously Disobeys;
or divisions, or before any commission or and
committee chairman or member authorized to 3. Acts of the offender are Not included in Arts.
summon witnesses, refuses, without legal excuse, 148-150
to obey such summons, or being present before
any such legislative or constitutional body or
official, refuses to be sworn or placed under Note: There can be no resistance and serious
affirmation or to answer any legal inquiry or to disobedience when done against a PiA/Agent only
produce any books, papers, documents, or on occasion of the latter’s past performance of
records in his possession, when required by them official duties. There always has to be an actual
to do so in the exercise of their functions. performance of duties when the resistance or
Any person who shall restrain another from serious disobedience is made.
attending as a witness, or who shall induce
disobedience to a summon or refusal to be sworn Elements of Simple Disobedience: (3)
by any such body or official. Agent is Engaged in the performance of official duty
or Gives a lawful order;
Offender Disobeys such duty; and
Punishable Acts: Disobedience is Not of a Serious nature.
1. Refusal, without legal excuse, to obey
summons issued by the Congress or any of its Note: Only agents can be the victims of simple
committees or subcommittees, Constitutional disobedience.
committees or by any commission or committee
chairman or member authorized to summon Disobedience
witnesses; 1. The disobedience must be a failure to comply
2. Refusal of any person present before a with orders directly issued by authorities to the
legislative or constitutional body or official to be person, in the exercise of official functions.
sworn or placed under affirmation; 2. The disobedience contemplated under this
3. Refusal to answer any legal inquiry; or to article is not disobedience to a law or a failure
produce books, documents, records, etc., to comply with some legal provision.
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3. The word “serious” in this article refers only to

public order and the protection and security of
disobedience, and not to resistance. Serious
life
resistance is punished under Art. 148.
2. Any person who comes to the aid of persons
in authority
Non-deliberate attack or employment of force
1. If an attack is not deliberate, it is only resistance
or serious disobedience. NOTE: In applying the provisions of Arts. 148 and
2. A non-deliberate attack shows a lack of intent to 151 of the RPC, teachers, professors and persons
ignore, disregard, or defy authority. charged with the supervision of public or duly
recognized private schools, colleges and
NOTE: No crime universities, and lawyers in the actual performance
1. When accused did not have knowledge that the of their professional duties or on the occasion of
such performance, shall be deemed persons in
person arresting him was a peace officer and he
authority. (P.D. No. 299, and B.P. Blg. 873)
resisted; and
2. When person in authority or agent exceeds his The foregoing does not, however, apply to cases of
rights and duties. Indirect Assault (Art. 149).
Resistance or Serious Disobedience and Direct Chapter 5: Public Disorders
Assault, Distinguished
RESISTANCE OR DIRECT ASSAULT Art. 153. Tumults and Other Disturbances of
SERIOUS Public Order
DISOBEDIENCE
Authority/agent must Authority/agent must Any person who shall cause any serious
be in actual be in performance of disturbance in a public place, office, or
performance of his official duties or was establishment, or shall interrupt or disturb public
duties assaulted by reason performances, functions or gatherings, or
thereof peaceful meetings, if the act is not included in the
Committed only by Committed in four provisions of Articles 131 and 132
(non-seriously) ways:
resisting or seriously 1) attacking, Punishable Acts:
disobeying 2) employing force, 1. Causing any serious disturbance in a public
3) seriously place, office, or establishment;
intimidating, 2. Interrupting or disturbing performances,
4) seriously resisting functions, or gatherings, or peaceful meetings,
No force is employed, Attack or employment if the act is not included in Arts. 131 and 132;
or if person resisted is of force must be
3. Making any outcry tending to incite rebellion or
only an agent, only serious and deliberate
slight force is used sedition in any meeting, association, or public
place;
4. Displaying placards or emblems which
Art. 152. Persons in Authority and Agents of
provoke a disturbance of public order in such
Persons in Authority — Who Shall Be Deemed
place; and
As Such
5. Burying with pomp the body of a person who
Persons in authority has been legally executed.
1. Those directly vested with jurisdiction, whether
as an individual, or as a member of some court Qualifying circumstance
or governmental corporation board or 1. If the 1st or 2nd act above is tumultuous in
commission character, the penalty next higher in degree
2. One who has the power or authority to govern shall be imposed.
and execute laws 2. Tumultuous – caused by more than three
persons who are armed or provided with
(Not every public officer is a person in authority.) means of violence.
Agents Notes:
1. Those who, by direct provision of law, or by 1. Serious disturbance must be planned or
election, or appointment by competent intended.
authority, are charged with the maintenance of
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2. If the act of disturbing or interrupting a meeting 4. Printing, publishing or distributing or (causing

or religious worship is committed by a private the same) books, pamphlets, periodicals or
individual, or even by a public officer who is a leaflets which do not bear the real printer’s
participant in the meeting or religious worship name, or which are classified as anonymous
which he disturbs or interrupts, this article is
applicable. Notes:
3. This crime will be prosecuted separately with 1. Actual public disorder or actual damage to the
physical injuries if, in the course of causing a credit of the State is not necessary. The mere
disturbance, offenders injure other people. possibility of causing such danger or damage is
(People v. Bacolod, 89 Phil. 621 as cited in, sufficient.
REYES, BOOK TWO, p.164) 2. R.A. 248 prohibits the reprinting, reproduction
4. Burying with pomp means ostentatious display or republication of government publications and
of a burial. official documents without previous authority.
Third Act of Tumults and Disturbance of Public Art. 155. Alarms and Scandals
Disorder and Inciting To Sedition or Rebellion,
Distinguished Punishable Acts:
3rd ACT INCITING TO 1. Discharging any firearm, rocket, firecracker, or
PUNISHABLE SEDITION OR other explosive within any town or public place,
UNDER TUMULTS REBELLION “calculated to cause” (which produces) alarm or
AND OTHER danger;
DISTURBANCES OF 2. Instigating or taking active part in any charivari
PUBLIC DISORDER or other disorderly meeting offensive to another
Done only through May be done through or prejudicial to public tranquility;
speech (outcry) speech or writing 3. Disturbing the public peace while wandering
about at night or while engaged in any other
More of an Done with intent to
nocturnal amusement; and
unconscious outburst induce the hearers or
4. Causing any disturbance or scandal in public
which is not readers to commit the
intentionally crime of rebellion or places while intoxicated or otherwise,
calculated to induce sedition provided the act is not covered by Art. 153
others to commit such (tumults).
crimes
The nature of the speeches in both acts is Notes:
either rebellious or seditious. 1. Charivari – mock serenade or discordant
noises made with kettles, tin horns etc.,
Art. 154. Unlawful Use of Means of Publication designed to deride, insult or annoy
and Unlawful Utterances 2. Firearm must not be pointed at a person,
otherwise, it is illegal discharge of firearm
Punishable Acts: (Art. 254).
1. Publishing or causing to be published, by 3. For discharging any firearm, etc., the act must
means of printing, lithography or any other produce alarm or danger as a consequence. It
means of publication, as news any false news is the result, not the intent, that counts
which may endanger the public order, or 4. Using firecrackers during fiestas are not
cause damage to the interest or credit of the punishable under this article.
State;
2. Encouraging disobedience to the law or to the Art. 156. Delivering a Person from Jail
constituted authorities or praising, justifying
Any person who shall remove from any jail or
or extolling any act punished by law, by the
penal establishment any person confined therein
same means or by words, utterances or or shall help the escape of such person
speeches;
3. Maliciously publishing or causing to be
published any official resolution or document Elements:
1. Person is confined in jail or penal
without proper authority, or before they have
establishment; and
been published officially; and
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2. Offender removes such person therefrom or 3. That he evades the service of his sentence by
helps the escape of such person. escaping during the term of his sentence
Applicability of article Notes:

1. Applicable even if escapee is merely a 1. This is a continuing offense.
detention prisoner 2. This article does not apply to minor
2. Applicable if escapee came from a hospital or delinquents, detention prisoners, or deportees.
asylum, as these are considered extensions of 3. If the offender escaped within the 15- day
the penal institution appeal period, the crime is not evasion because
the judgment is not yet final.
Possible offenders
1. This crime is usually committed by an outsider. Circumstances qualifying the offense: evasion
2. It may be committed by an employee, provided of sentence was done through:
that he does not have custody or charge of such 1. Unlawful entry (by “scaling”);
a person, or is otherwise off-duty. 2. Breaking doors, windows, gates, walls, roofs or
floors;
Violence, intimidation, or bribery 3. Using picklocks, false keys, disguise, deceit,
1. These are not necessary elements of the violence or intimidation; or
offense. The offense can be committed by 4. Connivance with other convicts or employees of
employing “other means.” the penal institution
2. But the offender is penalized with a higher
penalty if he commits the crime using violence, Art. 158. Evasion of Service of Sentence on the
intimidation, or bribery. Occasion of Disorders, Conflagrations,
3. Bribery as contemplated in this article: the act of Earthquakes, or Other Calamities
bribing someone (s in corruption, under Art.
A convict who shall evade the service of his
212) as a means to remove prisoner from jail,
sentence, by leaving the penal institution where he
not the act of accepting a bribe. shall have been confined, on the occasion of
disorder resulting from a conflagration,
Liability: earthquake, explosion, or similar catastrophe, or
1. Person delivering detainee from jail may be held during a mutiny in which he has not participated
liable as an accessory if the person helped has
committed treason, murder, or parricide,
Elements:
because the person delivering assists in the 1. Offender is convict by final judgment confined in
escape of the principal. a penal institution;
2. A prisoner who voluntarily leaves leaves a 2. There is a disorder resulting from conflagration,
jail/penal establishment cannot be held liable earthquake, explosion, similar catastrophes, or
under this article. a mutiny in which the offender did not
a. If he is a prisoner by final judgement, he participate;
may be liable under Art. 157. 3. The offender subsequently evades the service
b. If he is merely a detention prisoner, he is of his sentence by leaving the penal institution;
not liable since he has no sentence to be and
evaded. 4. Offender fails to give himself up to the
authorities within 48 hours following the
Chapter 6: Evasion of Service of Sentence issuance of a proclamation by the Chief
Executive announcing the passing away of
Art. 157. Evasion of Service of Sentence
such calamity.
Any convict who shall evade service of his
sentence by escaping during the term of his Notes:
imprisonment by reason of final judgment 1. Applicable only to convicts by final judgment
2. What is punished is not the leaving of the penal
Elements: institution, but the failure of the convict to give
1. That the offender is a convict by final judgment; himself up.
2. That he is serving his sentence which consists 3. If the offender fails to give himself up, the
in deprivation of liberty (destierro included); and offender shall suffer an increase of 1/5 of the
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time still remaining to be served under the Elements:

original sentence, which will not exceed six 1. That the offender was already convicted by
months. final judgment and sentenced for one offense;
- Correlate with Art. 98 (Book One, RPC), as and
amended by RA No. 10592: a convict who 2. That he committed a new felony before
does not leave the penal institution on such beginning to serve such sentence or while
occasions is entitled to a deduction of 2/5 serving the same
of the time still remaining to be served
under the original sentence Quasi-recidivism
4. Mutiny – an organized and unlawful resistance 1. This is not a felony but a special aggravating
to a superior officer. circumstance. The effect is to impose the
a. There is no mutiny if the prisoners disarmed maximum period of the penalty applicable for
the guards and escaped, because the the subsequent felony.
guards are not their superior officers. 2. Cannot be offset by ordinary mitigating
circumstances, but only privileged ones, such
Art. 159. Other Cases of Evasion of Service of as minority
Sentence 3. Quasi recidivism involves two crimes.
a. The 1st one may be any crime, whether
A convict who, having been granted conditional
punished under the RPC or special laws.
pardon by the Chief Executive, shall violate any of
b. The 2nd one, which is committed before
the conditions of such pardon
serving sentence for the first one, or while
serving the same, should be a felony.
Elements: (This is because Art. 160 speaks of “the
1. That the offender is a convict (he had been maximum period” of the penalty prescribed by
convicted; law for the new felony. Penalties prescribed by
2. That he was granted a conditional pardon by the special laws have no periods, unlike felonies in
Chief Executive; and the RPC.)
3. That he violated any of the conditions of such c. Not required that both crimes are embraced
pardon. in the same titles of the RPC
Notes: 4. Different from recidivism, where the first and
1. Offender must have been found guilty of the second offenses must be embraced in the same
subsequent offense (through which he violated title of the RPC
his conditional pardon) before he can be 5. Different from reiteracion, which requires that
prosecuted under this Article. the offender first finishes serving out his
2. But under the Revised Administrative Code, no sentence before committing another crime.
trial and conviction is necessary for the exercise
by the President of the power to authorize arrest Pardon
and reincarceration of violator of pardon. 1. When a quasi-recidivist reaches the age of 70
and he has served out his original sentence, he
may be pardoned.
Chapter 7: Commission of another Crime during 2. He may also be pardoned if he finishes serving
Service of Penalty Imposed For another the original sentence only after he reaches 70.
Previous Offense
Reasons for not pardoning such a 70-year old
Art. 160. Commission of Another Crime during convict
Service of Penalty Imposed for another 1. He is a habitual criminal; or
Previous Offense 2. If his conduct or other circumstances shows he
Any person who shall commit a felony after having is not worthy of such clemency
been convicted by final judgment, before
beginning to serve such sentence, or while serving —end of topic—
the same
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D. CRIMES AGAINST PUBLIC INTEREST 2. Offender made, imported, or uttered said coins;
and
Chapter 1: Forgeries 3. In case of uttering, offender should be in
connivance with either the counterfeiter or the
Section 1 – Forging the Seal of the Government importer
of the Philippine Islands, the Signature or Stamp
of the Chief Executive Notes:
Art. 161. Counterfeiting the Great Seal of the 1. A coin is counterfeit if it is forged, or if it is not
Government of the Philippine Islands, Forging authorized by the government as legal tender,
the Signature or Stamp of the Chief Executive regardless of its intrinsic value
1. Forging the Great Seal of the Government; 2. Counterfeiting is the imitation of a legal or
2. Forging the signature of the President; and genuine coin such as to deceive an ordinary
3. Forging the stamp of the President. person in believing it to be genuine.
3. To utter is to pass counterfeited coins, sell,
Note: When the signature of the President is forged, deliver or give away.
it is not falsification but forging of signature of the
4. To import is to bring them into port. Importation
Chief Executive, under this article.
is complete even before entry at the Customs
House.
Art. 162. Using Forged Signature or Counterfeit
5. This article also applies to Philippine coins,
Seal or Stamp
foreign state coins, and coins withdrawn
Any person who shall knowingly make use of the from circulation. This does not require that the
counterfeit seal or forged signature or stamp coins counterfeited be legal tender.
mentioned in the preceding article 6. When a real coin is made to appear like a coin
with higher value by painting, etc. the crime is
Elements: estafa because the coin is genuine.
1. Great seal was counterfeited or
signature/stamp forged; Art. 164 – Mutilation of Coins; Importation and
2. Offender knew of such counterfeiting or forgery; Utterance of Coins
and 1. Mutilating COINS of legal currency with the
3. Offender uses such fake seal, stamp, or further requirement that there be intent to
signature. damage or to defraud another; and
2. Importing or uttering such mutilated COINS
Notes:
with the further requirement that there must
1. The offender in this article should not be the one
be connivance with the mutilator or importer in
who did the counterfeiting or forgery, otherwise,
case of uttering
he will be liable under the previous paragraph.
2. Offender is punished under this article with a
Notes:
penalty one degree lower than that provided in
1. Mutilation is to take off part of the metal content
the next preceding article, even if his act is that
of the coin, either by filing it or substituting it for
of an accessory to the crime of counterfeiting
another metal of inferior quality, to diminish by
the great seal or forging the stamp or signature.
ingenious means the metal in the coin.
2. Foreign notes and coins are not covered by this
Section 2 – Counterfeiting Coins
article. Mutilation must always be of Philippine
Art. 163. Making, Uttering, and Importing False legal tender, including coins. There must be
Coins intention to mutilate.
3. Coins must always be real and legal tender.
Any person who makes, imports, or utters false 4. Mutilating alone is punishable, but importing or
coins, in connivance with counterfeiters or
uttering must be concurrent with connivance.
importers
Elements:
1. There are false or counterfeited coins;
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Art. 165. Selling of False or Mutilated Coins

Without Connivance Notes:
1. Forging here is committed by:
1. Possession, with intent to utter, COINS (a) giving a treasury or bank note or any
counterfeited or mutilated by another; and instrument payable to bearer or order an
2. Actually uttering such COINS, while knowing appearance of a true and genuine
them to be false or mutilated document; or
(b) erasing, substituting, counterfeiting or
Elements of Act No. 1 (3) altering by any means the figures and
1. Possession (in general, from actual possession letters, words, signs contained therein (Art.
to constructive possession) of coins; 169)
2. Intent to utter them; and 2. Obligation or security includes bonds,
3. Knowledge that the coins are forged/mutilated. certificates of indebtedness, bills, national bank
notes, coupons, treasury notes, certificates of
Elements of Act No. 2 (2) deposit, checks, drafts for money, and
1. Actually uttering such coins; and sweepstakes money.
2. Knowledge that the coins are forged/mutilated 3. Forging PNB checks is not included under this
article. That is falsification of commercial
On being legal tender document under Article 172.
1. This article does not require that the coin being
uttered is legal tender. Art. 167. Counterfeiting, Importing, or Uttering
2. But if the coin being uttered or possessed is a Instruments Not Payable to Bearer
mutilated coin, it must be legal tender, because
of Art. 165. Any person who shall forge, import or utter, in
connivance with the forgers or importers, any
Punishing possession and utterance instrument payable to order or other document of
1. The possession or utterance punished under credit not payable to bearer
this article is that which is done without
connivance with the original forgers, mutilators, Elements:
or importers. 1. There is an instrument payable to order or other
2. If, along with possession or utterance, one is document not payable to bearer;
also the author or the mutilation or forgery, he 2. The offender forges such document or imports
will be liable under either Arts. 164 or 165. or utters such forged instrument; and
3. Possession and utterance must always be with 3. In case of uttering, the offender is in connivance
the knowledge that these are forged or with the forgers or importers
mutilated coins. Knowledge need not be
express, but may be inferred from acts of the Note: Applies only to cheques payable to the order
offender. of a specific, named person
Art. 168. Illegal Possession and Use of False

Section 3 – Forging Treasury or Bank Notes,
Obligations and Securities; Importing and Treasury or Bank Notes and Other Instruments
Uttering False or Forged Notes, Obligations and of Credit
Securities Any person who shall knowingly use or have in his
possession, with intent to use, any of the false or
Art. 166. Forging Treasury or Bank Notes, or falsified instruments referred to in this section
Other Documents Payable to Bearer; Importing
and Uttering Such False or Forged Notes or
Elements:
Documents 1. Documents in the preceding articles (that is,
1. Forging or falsification of treasury or banking Arts, 166 and 167) are forged or falsified by
NOTES or other documents; another person;
2. Importation of such false or forged 2. Offender knows them to be forged or falsified;
obligations or NOTES; and 3. He performs any of these acts:
3. Uttering such in connivance with the forgers a. using any of such forged or falsified
or importers. instruments; or
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b. possessing, with intent to use any of such 4. Alteration has changed the meaning of the
forged or falsified instruments document.
Notes: Notes:
1. The act sought to be punished is knowingly 1. The bill, resolution, or ordinance must be
possessing with intent to use any of such forged genuine. This article does not cover a fabricated
treasury or bank notes, etc. or simulated legislative document.
2. The accused has the burden to give a 2. Offender can be any person, for as long as he
satisfactory explanation of his possession of has no authority to alter.
forged bills. Mere possession of false money 3. This article only punishes alteration which
bills, without intent to use them to the damage changes its meaning. Any other tampering with
of another, is not a crime. legislative documents is covered under Art. 171
3. A person in possession of falsified documents or 172.
and who makes use of the same is presumed to
be the material author of the falsification. Art. 171. Falsification By Public Officer or
Employee, or Notary or Ecclesiastical Minister
Art. 169. How Forgery is Committed Elements:
1. Offender is a public officer, employee,
Ways forgery is committed:
1. Giving any note/ document/ instrument ecclesiastical minister, or notary public;
mentioned in the preceding articles (that is 2. He takes advantage of his official position;
Arts. 166-168) the appearance of a 3. He falsifies a document by committing any of the
true/genuine document; and acts mentioned in the article; and
2. Erasing, substituting, counterfeiting, or 4. In case the offender is an ecclesiastical minister,
altering what is in the the falsification be committed with respect to
note/document/instrument affecting the civil status of persons.
Takes advantage/abuse of official position

Section 4 – Falsification of Legislative, Public, 1. Offender has the duty to make or prepare, or
Commercial, and Private Documents, and otherwise intervene in the preparation of, a
Wireless Telegraph and Telephone Messages document; and
2. He has the official custody of the document
FALSIFICATION FORGERY
which he falsifies.
The commission of any Used in Art 169, which
of the eight acts refers to the falsification
mentioned in Art 171 on and counterfeiting of Note: Even if the offender is a public officer or
legislative, public or treasury or bank notes employee, if the offense was not committed with
official, commercial, or or any instruments abuse of office, he will be punished as a private
private documents, or payable to bearer or citizen.
wireless, or telegraph holder
messages Document
1. Any written statement by which a right is
established or an obligation extinguished
Art. 170. Falsification of Legislative Documents 2. Must be complete or have the appearance of a
Any person who, without proper authority therefor, true and genuine document
alters any bill, resolution, or ordinance enacted or 3. Must be of apparent legal efficacy
approved or pending approval by either House of 4. Pars. 6, 8, and the second part of par. 7 of Art.
the Legislature or any provincial board or 171 require a genuine document, while the
municipal council others do not
Elements: Note: Even if the document is originally a private

1. There is a bill, resolution, or ordinance enacted, document, if it is in the official custody of the public
approved, or pending approval by Congress or officer or employee or if it forms part of the official
record when it is falsified by the public officer or
any provincial or municipal council/board;
employee, then the crime committed should be
2. The offender alters it; punished under this article.
3. He has no proper authority to do so; and
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1st Act: Counterfeiting or Imitating any

Signature, Handwriting or Rubric Elements (4)
1. Offender makes a narration of facts;
Two ways under this paragraph 2. There was a legal obligation to disclose the
1. Counterfeiting – imitating any handwriting, truth;
signature or rubric; and 3. The facts narrated are absolutely false; and
2. Feigning – simulating a signature, handwriting, 4. Wrongful intent of injuring a third person
or rubric, there being no existing, genuine one
Narration of facts
Requisites of Counterfeiting/Imitating (2) 1. Must be narration of facts, not conclusions of
1. Intent or attempt to imitate; and law; and
2. Some resemblance between the genuine and 2. Does not include mistakes in judgment
forged handwriting, signature, or rubric
Legal obligation
Intent 1. There is a law requiring the disclosure of the
1. If there is sufficient resemblance between the truth of the facts narrated.
genuine and the forged signatures, it can be 2. If the law does not require a piece of
concluded that the accused had intention to information, even if the accused lied about that
imitate the genuine signature. info, he is not liable.
2. There can be no “intent” to counterfeit or 3. Legal obligation is inherent in applying for a
imitate if the person had authority to sign. residence (community tax) certificate.
Resemblance
1. Imitation need not be perfect. Absolutely false
2. Resemblance must be such that is likely to 1. Offender must be aware of falsity
deceive an ordinary person dealing with the 2. If the statements are not altogether false, there
document. being some colorable truth in such statements,
the crime of falsification is not deemed to have
2nd Act: Causing it to appear that persons have been committed.
participated in any act or proceeding when they
in fact did not so participate. Wrongful intent
1. A person is not guilty if he was not animated by
Elements (2)
a desire to do wrong or to injure a third person.
1. Offender caused it to appear in a document that
2. Good faith is a defense. If offender believed
a person has participated in an act or
what he put was true, he is not liable.
proceeding; and
2. The person did not in fact so participate
Notes:
Notes: 1. Even if consent to enter into a contract was
1. Imitation of a signature is not required in this
obtained by violence, it does not make facts
article.
narrated in it false.
2. If performed by a private person, as with all acts
2. There can be falsification by omission.
under Art. 171, Art. 172 should be applied.
5th Act: AlteringTrue Dates
3rd Act: Attributing to persons who have
participated in an act or proceeding statements Notes:
other than those in fact made by them 1. There is falsification only when the date
mentioned in the document is essential.
Elements (3)
1. Persons participated in an act or proceeding; 2. Change of date must affect the veracity of the
2. Persons made statements in that proceeding; document or the effects/meaning thereof.
and
6th Act: Making any alteration or intercalation in
3. Offender attributed to such persons statements
a genuine document which changes its meaning
other than those in fact made
Elements (4)
4th Act: Making Untruthful Statements in a 1. Alteration (change, revision) or intercalation
Narration of Facts (insertion) on a document;
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2. Made on a genuine document; Art. 172. Falsification by Private Individuals and

3. Alteration or intercalation has changed its Use of Falsified Documents
meaning; and
4. Meaning of the document becomes false Punishable Acts:
1. Falsification of public, official or commercial
Changes its meaning documents by a private individual;
1. Changes the effects which the document would 2. Falsification of private documents by any
otherwise produce; and person; and
2. Unless that happens, there could not exist an 3. Use of falsified documents in a judicial
essential element or intention to commit a proceeding, or to the prejudice of another in any
crime. other proceeding
Meaning becomes false Elements of Act No. 1

1. Alteration which speaks the truth is not 1. Offender is a private individual or public officer
falsification. not taking advantage of his position;
2. Must be alteration/intercalation which causes 2. He committed any act of falsification under Art.
the instrument to speak a language different in 171
legal effect from what it originally spoke. a. Exception: Par.7, which by definition
cannot be committed by a private
7th Act: Issuing, in an authenticated form, a individual/public officer not taking
document purporting to be a copy of an original advantage of his position because the
document when no such original exists, or authentication of a document can be made
including in such a copy a statement contrary to, only by the custodian or the one who
or different from, that of the genuine original prepared and retained a copy of the original
document; and
Offender 3. It is a public/official/commercial document that
1. Committed only by a public officer or notary
is falsified.
public who takes advantage of his official
position Elements of Act No. 2
2. If a private individual is in conspiracy with the 1. Offender committed any of the acts of
offender, he is guilty of this crime and incurs the falsification;
same liability and penalty as the public officer or 2. It is a private document that is falsified;
notary. 3. There is damage caused to a third party or at
least intent to cause such damage;
Intent to gain or prejudice a. Need not be material damage;
1. The idea of gain or intent to cause damage to a
b. Damage to one’s honor is included; and
third person is not necessary.
c. Effect need not be to profit offender for as
2. It is the official character of the offender which is
long as it damaged another.
mainly taken into consideration.
3. It is the interest of the community which is Elements of Act No. 3 (Judicial proceeding)
intended to be protected. 1. Offender knew document was falsified by
another;
8th Act: Intercalating any instrument or notes 2. Document is embraced in Art. 171, or nos. 1 or
relative to the issuance thereof in a protocol,
2 of Art. 172; and
registry, or official book
3. Document is introduced in evidence in a judicial
Notes: proceeding
1. Contemplates the changing of entries in official
records, such as the local civil registry. Elements of Act No. 3 (any other proceeding)
2. Malicious intent is not necessary. 1. Offender knew document was falsified by
another;
2. Document is embraced in Art. 171, or nos. 1 or
2 of Art. 172;
3. Document is used in a non-judicial proceeding;
and
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4. Such use caused damage to another or there Complexed with Estafa

was at least intent to cause such damage 1. There is a complex crime of falsification of a
public, official, or commercial document with
Damage or intent to damage a third party estafa.
1. Only necessary when falsifying private 2. There is no such complex crime if what is
documents, or using any falsified document in involved is a private document.
proceedings other than judicial proceedings a. Reason: To be punishable, falsified private
2. Not necessary when falsifying a public, official, documents need to be accompanied by
or commercial document damage, or intent to damage a third person.
3. Also not necessary when documents are used The resulting damage from an act
in judicial proceedings constituting estafa actually merely
consummates the crime of falsification of a
Four kinds of documents private document.
1. Public document b. Distinguished from falsification of a public
a. Issued by public official in response to document, which needs no damage to a
the exigencies of public service; third party to be punishable: Any damage
b. Public official intervened in execution; and resulting from use of the falsified public
c. Notarized by a notary public or a document could be attributed to a separate
competent public official with required crime such as estafa, because damage is
solemnities not an element of falsification of a public
2. Official document document.
a. Issued by a public official in the exercise c. If a private document is falsified to conceal
of the functions of his office the misappropriation of money or other
b. All pleadings filed with the courts are personal property which has been in the
public or official documents. possession of the offender, the crime
3. Commercial document committed is estafa with abuse of
a. Those defined and regulated by the Code confidence only.
of Commerce
b. Those used to promote or facilitate trade Falsification of Private and Public Documents,
c. Cash disbursement vouchers are not Distinguished
included. They are considered private Private Document Public Document
documents.
Prejudice to a third The principal thing punished
4. All other writings are private. party is primarily is the violation of public faith
taken into account. and the preservation of truth,
Private documents considered Public If such damage is which the document
1. Deed which was privately falsified, but then not apparent, or solemnly proclaims. It is
presented to the notary public by the falsifier for there is at least no immaterial whether or not
acknowledgment intention to cause it, some prejudice has been
2. Private document which becomes part of an the falsification is caused to third persons.
official record and is certified by a public officer not punishable.
duly authorized by law.
Presumptions Notes:
1. Possessor and utterer of a falsified document is 1. Falsification is consummated the moment the
presumed to be the author of the falsification. genuine document is altered or the moment the
2. Above is especially so if accused has sufficient false document is executed.
and strong motive to falsify. 2. There may be a frustrated stage if falsification is
a. “That petitioner benefitted and even imperfect.
profited from the falsified notarized Release 3. Usage, which is not an element of falsification,
of Real Estate Mortgage are strong is punished separately from actual falsification.
indications that she participated in the a. It cannot be deemed necessarily included
falsification of the same document.” (Nierva in the crime of falsification of a public
v. People, G.R. No. 153133) document by a public officer or employee or
by a private person.
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b. It may be a lesser offense. Section 5 – Falsification of Medical Certificates,

Certificates of Merit, Service, and the Like
Art. 173. Falsification of Wireless, Cable,
Telegraph, and Telephone Messages, and Use of Art. 174 – False Medical Certificate, False
Falsified Messages Certificates of Merit or Service, etc.
Persons liable:
Punishable Acts: 1. Physician or surgeon, for falsifying a medical
1. Uttering fictitious messages; certificate;
2. Falsifying messages; and 2. Public officer, for falsifying a certificate of
3. Using falsified messages. merit, service, good conduct, or other similar
circumstances; and
Elements of Acts No. 1 and No. 2 (2) 3. Private individual, for falsifying any of the
1. Offender is an officer or employee of documents mentioned in the first two acts
Government, or of a private corporation
engaged in service of sending or receiving
“Similar Circumstances”
wireless, cable, telegraph or telephone
That is, similar to merit, service, or good conduct
messages; Thus, certificates pertaining to ownership of
2. The offender either property are not covered.
a. Utters a fictitious message; or
b. Falsifies a message Art. 175 – Using of False Certificates
Elements of Act No. 3 The use of a falsified document mentioned in the

1. Accused knew wireless, cable, telegraph or preceding article
telephone messages were falsified;
2. Accused used such falsified dispatches; and Elements:
3. Such use resulted in prejudice to a third party, 1. Crime in Art. 174 has been committed by
or there was at least intent to prejudice another person;
2. Offender knew of the falsified nature of the
Liability of private individual certificate; and
1. Cannot commit the first two acts by direct 3. Offender used such false certificate
participation, unless he is an employee of a
corporation engaged in telecommunications Scope:
services 1. This article only applies to use of those falsified
2. Can be held guilty as a principal by inducement, documents covered by Art. 174.
if he induced a public or government employee 2. This article applies, even if the falsified
to perform punishable acts documents were used in a judicial proceeding.
3. Connection with telecommunications network is
not necessary to commit third act; any person Section 6 – Manufacturing, Importing, and
Possession of Instruments or Implements
can be held liable for the use of falsified
dispatches Art. 176 – Manufacturing and Possession of
Instruments or Implements for Falsification
Note: Current telecommunication companies like
Globe, Sun, Smart are not contemplated by this Any person who shall make or introduce into the
article as corporations engaged in sending or Philippines any stamps, dies, marks, or other
receiving messages since no operator actually instruments or implements intended to be used in
intervenes. They merely provide the conduit to the commission of the offenses of counterfeiting or
facilitate message exchanges. falsification mentioned in the preceding sections of
this chapter
Punishable Acts:
1. Making or introducing into the country
implements and instruments for
counterfeiting/falsification
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2. Possessing (including constructively, whether “one who introduces himself into an office that is
from actual ownership or mere control) items vacant, or who, without color of title, ousts the
made or imported by another person, with intent incumbent and assumes to act as an officer by
to use the same exercising some of the functions of the office.”
(People v. Buenaflor, et. al., CA., 72 O.G. 364)
Implements confiscated
1. Not necessary that they form a complete set for
counterfeiting; and Art. 178. Using Fictitious Name and Concealing
2. Enough that they may be employed by True Name
themselves or together with other implements to Any person who shall publicly use a fictitious
commit the crime of counterfeiting or name for the purpose of concealing a crime,
falsification evading the execution of a judgment, or causing
damage
Chapter 2: Other Falsities
Any person who conceals his true name and other
Section 1 – Usurpation of Authority, Rank, Title, personal circumstances
and Improper Use of Names, Uniforms, and
Insignia Punishable Acts:
1. Using fictitious name; and
Art. 177. Usurpation of Authority and Official 2. Concealing true name and other personal
Functions circumstances.
Any person who, under pretense of official
position, shall perform any act pertaining to any Elements of Using fictitious name (3)
person in authority or public officer, without being 1. Offender uses a fictitious name;
lawfully entitled to do so, 2. Such name is used publicly;
3. Purpose is:
a. Conceal a crime;
Punishable Acts:
1. Usurpation of authority – knowingly and falsely b. Evade execution of judgment; or
representing oneself to be an officer, etc. c. Cause damage to public interest
a. Mere act of knowingly and falsely
Note: If the purpose is for causing damage, it must
representing oneself to be an officer, etc.,
be damage to public interest. If it is damage to
is sufficient. private interest, the crime will be Estafa under Art.
b. It is not necessary that he performs an act 315, subdivision 2, par. (a).
pertaining to a public officer.
2. Usurpation of official functions – doing any act Elements of Concealing true name and other
pertaining to any public officer, etc. without personal circumstances (2)
being authorized to do so 1. Offender conceals true name and other
a. Essential that offender should have personal circumstances; and
performed an act pertaining to a public 2. Purpose is to conceal identity
officer
Use of Fictitious Name and Concealing of True
Representation Name, Distinguished
1. Must be positive, express, and explicit; FICTITIOUS CONCEALING
2. Must represent officers named in article, and not NAME TRUE NAME
just any authority figure; and Element of publicity must Publicity element not
3. Representation may be shown in acts, and not be present; and three necessary; and only
possible purposes: one purpose: conceal
just words
conceal crime, evade true identity.
execution of a judgment,
Offenders and cause damage to
1. This article may be violated by both private and public interest
public officers.
Note:
Note: This article does not apply to an occupant of Instances when a Filipino citizen residing in this
a public position under color of title. A usurper is country can use an alias legally (RA No. 6085):
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1. As a pseudonym in cinematic and other Notes:

entertainment fields 1. Violation of this article requires criminal
2. As a pen name in literary compositions or works intent. Hence, it cannot be committed through
3. As a pseudonym in television and radio negligence.
broadcasting 2. The offender need not impute guilt upon the
accused to be liable.
Art. 179. Illegal Use of Uniforms or Insignia 3. The defendant must at least be sentenced to a
correctional penalty or a fine or must have
Any person who shall publicly and improperly
make use of insignia, uniforms or dress pertaining been acquitted.
to an office not held by such person or to a class 4. The witness who gave false testimony is liable
of persons of which he is not a member even if the court did not consider his testimony.
5. The extent of the penalty depends upon the
Elements: sentence imposed on the defendant, except in
1. Offender uses an insignia, uniform, or dress; the case of a judgment of acquittal.
2. Such pertains to an office not held by offender 6. Since Art. 180 does not prescribe the penalty
or a class of persons of which he is not a where the defendant in a criminal case is
member; and sentenced to a light penalty, false testimony in
3. Use done publicly and improperly case of a light penalty cannot be punished,
considering that a penal law must always be
Insignia, Uniform, or Dress strictly construed.
1. Genuine insignia, uniform, or dress is not
necessary. Offender can wear an imitation and Art. 181. False Testimony Favorable to the
still be liable. Defendant
2. An exact imitation is not necessary, for as long Any person who shall give false testimony in favor
as there is a colorable resemblance calculated of the defendant in a criminal case
to deceive the general public.
3. Must pertain to an actual officer or class of
Notes:
persons. The person is not liable if the insignia, 1. Testimony by negative statement may still be in
uniform, or dress pertains to an imaginary office favor of the defendant.
or class. 2. False testimony in favor of defendant need not
directly influence the decision of acquittal nor
Section 2 – False Testimony benefit the defendant. The intent to favor the
defendant is sufficient.
False Testimony - committed by a person who,
being under oath (or affirmation) and required to testify 3. A statement of mere opinion is not punishable.
as to the truth of a certain matter at a hearing before 4. Conviction or acquittal is not necessary
a competent authority, shall deny the truth or say (final judgment is not necessary), but gravity of
something contrary to it crime in principal case should be shown.
5. The defendant who himself falsely testifies in
Art. 180. False Testimony against a Defendant his own behalf by falsely imputing to some other
Any person who shall give false testimony against person the commission of a grave offense in
the defendant in any criminal case criminal case, is guilty of false testimony
favorable to the defendant.
6. Rectification made spontaneously after realizing
Elements:
1. That there be a criminal proceeding; mistake is not false testimony.
2. Offender testifies falsely therein, under oath
Art. 182. False Testimony in Civil Cases
3. The testimony is against the defendant therein;
4. Offender knows that his testimony is false; and Any person found guilty of false testimony in a civil
5. The defendant against whom the false case
testimony is given is either acquitted or
convicted in a final judgment. Punishable act
Giving false testimony in a civil case either for or
against the plaintiff or the defendant
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Elements: Competent officer

1. Testimony is given in a civil case; 1. Person who has a right to inquire into the
2. Testimony is related to the issue presented; questions presented to him under his
3. The testimony is false; jurisdiction
4. It is given by the defendant who knows it to be 2. No perjury if testimony/statement not made
false; and before non-competent authority
5. The testimony is malicious and with intent to
affect the issue. Required by law
1. There is a law requiring it; OR
Art. 183. False Testimony in Other Cases and 2. The statement or document is made for legal
Perjury in Solemn Affirmation purposes; and
3. It is sufficient that the oath had been
Any person, who knowingly makes untruthful administered with a view of carrying into effect
statements and not being included in the
a legal purpose
provisions of the next preceding articles, shall
testify under oath, or make an affidavit, upon any
material matter, before a competent person Materiality
authorized to administer an oath in cases in which 1. There must be competent proof of the
the law so requires materiality of the false testimony.
2. The matter must not simply be pertinent (that
is, relating to collateral matters which make
Punishable acts
more or less probable the proposition at issue).
1. False testimony under oath in a proceeding
It must also be material (that is, directly proving
other than judicial; and
or disproving a fact at issue).
2. False affidavit.
3. No perjury if false imputations in testimony or
affidavit were not on material matter.
Elements: (4)
1. Statement under oath or affidavit upon material
matter; The assertion must be deliberate and willful
A mere assertion of a false objective fact, a
2. Made before a competent officer authorized to
falsehood, is not enough. It must be willfull and
administer such oath; deliberate “Willfull” means intentionally, with evil
3. Willful and deliberate assertion of a falsehood in intent and legal malice, with the consciousness that
the statement; the alleged perjurious statement is false, with the
a. Perjury cannot be willful where the oath is intent that it should be received as a statement of
according to belief or conviction as to its what was true in fact. “Deliberate” implies meditated,
truth; (Judge Pimentel Notes p. 76) as distinguished from inadvertent, acts. (Judge
b. It must appear that the accused knows his Pimentel Notes p. 89)
statement to be false or is consciously
ignorant of its truth (Monfort III, et. al., v. Subornation of perjury
1. Knowingly and willfully procuring another to
Salvatierra, G.R. No. 168301); and
swear falsely.
4. The information given is required by law
2. While this is not expressly punished in the
Definitions Revised Penal Code, the offender may be liable
1. Oath – any form of attestation manifesting a as a principal by inducement.
commitment to perform an act faithfully and
truthfully Art. 184. Offering False Testimony in Evidence
2. Affidavit – a sworn statement in writing made Any person who shall knowingly offer in evidence
before an authorized officer a false witness or testimony in any judicial or
3. Material Matter – the main fact; the subject of official proceeding
inquiry or circumstances which tend to prove
the fact; Elements:
a. Legitimately affects the credit of any 1. False witness or testimony is offered in
witness who testifies; or evidence;
b. Strengthens or corroborates testimonies 2. Offender knew of falsity; and
3. Offered in judicial or official proceedings
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Notes: public auction. The crime is committed by mere

1. This article applies when the offender, without solicitation.
inducing another but knowing him to be a false 2. It is not required that the person accept the offer
witness, presented him and the latter testified or gift. The crime is consummated by mere
falsely in a judicial or official proceeding. offering of the gift or promise in consideration of
2. The felony is consummated the moment a false refraining to take part.
witness is offered in any judicial or official
proceeding. Looking for a false witness is not (Art. 185 is supplemented by the Price Competition
punished by law as that is not offering a false Act [RA No. 10667]. Art. 186 is repealed by the
witness. same law.)
3. The false witness need not be convicted of false
testimony. A mere offer to present him is (Arts. 188 and 189 are repealed by the Intellectual
Property Code [RA No. 8293] to the extents they are
sufficient.
inconsistent with the same law.)
Chapter 3: Frauds Section 2. – Frauds
Section 1 – Machinations, Monopolies, and Art. 187. Importation and Disposition of Falsely
Combinations Marked Articles or Merchandise Made of Gold,
Silver, or Other Precious Metals or Alloys
Art. 185. Machinations In Public Auctions Any person who shall knowingly import or sell or
Any person who shall solicit any gift or promise as dispose of any article or merchandise made of
a consideration for refraining from taking part in gold, silver, or other precious metals, or their
any public auction, and any person who shall alloys, with stamps, brands, or marks which fail to
attempt to cause bidders to stay away from an indicate the actual fineness or quality of said
auction by threats, gifts, promises, or any other metals or alloys
artifice, with intent to cause the reduction of the
price of the thing auctioned Elements:
1. Offender imports, sells, or disposes items;
Punishable Acts: 2. The items are articles or merchandise made of
1. Soliciting gift to refrain from taking part in public gold, silver, or other precious metals, or their
auction; and alloys;
2. Attempting to cause bidders to stay away from 3. The stamps, brands, or marks used by the
an auction offender fail to indicate the actual fineness or
quality of ther items; and
Elements of Act No.1 4. The offender knows of such failure of proper
1. There is a public auction; indication
2. The accused solicited gifts/promise of gifts;
3. The solicitation is in consideration of refraining Selling, disposing, and importing
from taking part in the auction; and 1. It is not necessary that such items are actually
4. His intent is to cause reduction of the price of sold and that the public is actually deceived, for
the thing auctioned one to be liable under this article.
2. If one is charged with importation, there must be
Elements of Act No.2 proof that item was in fact imported.
1. There is a public auction;
2. The offender attempted to cause the bidders to Offender
stay away; 1. Those who import, sell, or dispose of such
3. Means used by the offender: threats, gifts, items.
promises or any other artifice; and 2. This article is not applicable to the manufacturer
4. Intent of the offender: reduction of price of thing of articles of gold, silver, etc. He wold be liable
auctioned for Estafa.
Acts are formal crimes

1. It is not required that the person making a —- end of topic —
proposal actually refrains from taking part in any
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E. CRIMES AGAINST PUBLIC MORALS Lottery – Scheme for the distribution of prizes by
chance among persons who have paid, or agreed to
Definition Of Terms pay. a valuable consideration for the chance to
obtain a prize.
Gambling – any game or scheme, whether upon
chance or skill, wherein wagers are made consisting Elements of Lottery (3):
of money or other articles of value/representative of 1. Consideration;
value being put at stake 2. Chance; and
3. Prize/advantage/inequality in amount or value
Maintainer – person who sets up and furnishes the which is in the nature of prize.
means with which to carry on the gambling game or
scheme Note:
In a criminal case (US v. Olsen 36 Phil. 395), there
Conductor – person who manages or carries on the is no lottery where a person gets the full value for
gambling game or scheme. his money, and the winning of the prize is merely
incidental. But in a civil case (El Debate v. Topacio
Notes: 44 Phil. 280), if the inducement to win a prize is the
1. A game or scheme is punishable even if winning reason for the purchase, then even if full value for
depends upon skill as long as wagers are made money is received, it is still lottery.
putting at stake money or otther articles of
value/ representative of value. Illegal Number Games – any form of illegal
2. But in P.D. 1602, playing for money is not a gambling activity which uses numbers or
necessary element of a game for one to commit combinations thereof as factors in giving out
jackpots/prizes/returns; includes games such as
a crime. When the law names the games,
jueteng and masiao.
punishing any person who per se takes part
therein, its purpose is to prohibit absolutely Art. 196. Importation, Sale and Possession of
engaging in those games. Lottery Tickets or Advertisements
3. A mere bystander or spectator is not criminally
liable because he does not directly or indirectly Punishable Acts:
take part in the illegal activity. 1. By importing into the Philippines, from any
4. Proof that a game took place or is about to take foreign place or port, any lottery ticket or
place is not necessary. The burden of evidence advertisement;
is shifted to the accused to show that his 2. By selling or distributing the same in connivance
possession of jueteng materials is lawful or is with the importer;
not connected with a jueteng game. But proof to 3. By possessing, knowingly and with intent to
the contrary by the prosecution is necessary use, lottery tickets or advertisements; and
when jueteng lists pertain to games played on 4. By selling or distributing the same without
dates other than the date of the raid. connivance with the importer
5. P.D. 519 has outlawed pinball and slot
machines and other similar devices and nullified Notes:
all permits and/or licenses to operate the same. 1. The possession of any lottery ticket or
advertisement is prima facie evidence of intent
Elements of Knowingly permitting gambling to to sell, distribute or use the same.
be carried on in a place owned or controlled by 2. The lottery tickets need not be genuine, as
the offender: long as they have the appearance thereof.
1. That a gambling game was carried on in an 3. Government-authorized lotteries being lawful,
inhabited or uninhabited place or in any acts in connection therewith which are
building, vessel or other means of ostensibly covered by Art. 196 are not criminal
transportation; offenses.
2. That the place, building, vessel or other means
of transportation is owned or controlled by the Art. 198. Illegal Betting on Horse Races
offender; and
3. That the offender permitted the carrying on of Punishable Acts: (during periods not allowed by
such game, knowing that it is a gambling game law)
1. By betting on horse races; and
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2. By maintaining or employing a totalizer or number of people who see it is not material,

other device or scheme for betting on races or except when seen by only one other person at
realizing profit therefrom night, thus negating the degree of publicity
required.
Totalizer – machine for registering and indicating 3. The essence of grave scandal is publicity and
the number and nature of bets made on horse races that the acts committed are not only contrary to
morals and good customs but must likewise be
Notes: of such character as to cause public scandal to
1. The penalty is higher for a person who employs
those witnessing it.
a totalizer or other device.
2. Horse races are not allowed on: (a) June 12th
of each year, (b) Dec 30th of each year, (c) any Art. 201. Immoral Doctrines, Obscene
registration or voting days, and (d) Holy Publications and Exhibitions and Indecent
Thursdays and Good Fridays. Individual races Shows
held on the same day and at the same place are Persons liable:
punishable as separate offenses. 1. Those who publicly expound or proclaim
3. Horse races may be carried on at any time or doctrines openly contrary to public morals;
place, and prizes or gifts may be offered, given 2. Authors of obscene literature, published
or paid, to the winner in said races, provided it with their knowledge in any form;
is not accompanied by any betting or the use of 3. Editors publishing such obscene literature;
totalizers or other devices for betting. 4. Owners or operators of establishments
selling obscene literature;
Chapter 2: Offenses against Decency and Good 5. Those who exhibit indecent or immoral
Customs plays, scenes, acts or shows in theaters, fairs,
cinemas or any other place; and
Art. 200. Grave Scandal
6. Those who sell, distribute, or exhibit prints,
Grave Scandal consists of acts which are engraving, sculptures or literature, which are
offensive to decency and good customs which, offensive to morals.
having been committed publicly, give rise to public
scandal to persons who have accidentally
witnessed the acts Scope of obscene literature or immoral or
indecent plays, scenes or acts:
1. Those which glorify criminals or condone
Elements: crimes;
1. That the offender performs an act/s; 2. Those which serve no other purpose but to
2. That such act/s be highly scandalous in terms satisfy the market for violence, lust or
of offending against decency or good customs; pornography;
3. That the highly scandalous conduct does not 3. Those which offend against any race or religion;
expressly fall within any other article of the 4. Those which tend to abet the traffic and the use
RPC; and of prohibited drugs; and
4. That the act/s complained of be committed in a 5. Those that are contrary to law, public order,
public place or within the public knowledge or morals, good customs, established policies,
view lawful orders, decrees and edicts
Decency – propriety of conduct; proper observance Test of obscenity:
of the requirements of modesty, good taste, etc. Whether the matter has a tendency to deprave or
corrupt those whose minds are open to such
Customs – established usage, social conventions immoral influences. A matter can also be considered
carried on by tradition and enforced by social obscene if it shocks the ordinary and common sense
disapproval of any violation thereof of men as indecency. (US v. Kottinger, 45 PHIL 352)
Notes: Obscene is something offensive to chastity,
1. Actual public view is not required. It is sufficient decency or delicacy.
if committed in a public place.
2. Being committed within public knowledge
includes occurrence even in a private place; the
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Notes: Notes:
1. Publicity is an essential element. 1. Public officers include every public servant,
2. Mere nudity in paintings and pictures is not from the lowest to the highest rank, provided
obscene. that they exercise public functions.
3. Pictures with slight degrees of obscenity having 2. A government laborer is not a public officer.
no artistic value and being intended for However, temporary performance by a laborer
commercial purposes fall within this article. of public functions makes him a public officer.
4. The author of obscene literature is liable only
when it is published with his knowledge. In Chapter 2: Malfeasance and Misfeasance in
every case, the editor publishing it is liable. Office
5. Dissemination of obscene material is
necessary, but the number of times it is passed Performance of some act
Malfeasance
on is immaterial. Once is enough. which ought not to be done
Improper performance of some
Art. 202. Vagrants and Prostitutes Misfeasance act which might lawfully be
Women who, for money or profit, habitually done
indulge in sexual intercourse or lascivious Omission of an act which
conduct, are deemed to be prostitutes. Nonfeasance ought to be
performed
Note:
R.A. 10158 has decriminalized vagrancy by Misfeasance:
amending Art. 202 so as to punish prostitutes 1. Knowingly rendering unjust judgment;
only. Upon effectivity, all pending cases were 2. Rendering judgment through negligence;
deemed dismissed, and all those serving time for 3. Rendering unjust interlocutory order; and
vagrancy were or should have be released.
4. Malicious delay in the administration of justice
Prostitutes - Women who habitually indulge in (1)
Nonfeasance:
sexual intercourse or (2) lascivious conduct, for
Dereliction of duty in prosecution of offenses
money or profit.
Malfeasance:
—end of topic — 1. Direct bribery; and
2. Indirect bribery.
F. CRIMES COMMITTED BY PUBLIC
Section 1. – Dereliction of Duty
OFFICERS
Art. 204. Knowingly Rendering an Unjust
Chapter 1: Preliminary Provisions Judgment
Art. 203. Who are Public Officers Any judge who shall knowingly render an unjust
judgment in any case submitted to him for decision
REQUISITES: T-DiPA (2)
To be a public officer, one must be -
1. Taking part in the performance of public Elements: (JJ-UK) (4)
functions in the Government, or performing 1. That the offender is a Judge;
public duties as an employee, agent or 2. That he renders a Judgment in a case
subordinate official, of any rank or class, in submitted to him for decision;
the government or any of its branches; and 3. That the judgment is Unjust; and
2. That authority to take part in the performance 4. That the judge Knows that the decision is
of public functions or to perform public duties unjust
must be
i. By Direct provision of the law, or Notes:
ii. By Popular election, or 1. A judgment is a final consideration and
iii. By Appointment by competent authority determination by a court of competent
jurisdiction of the issues submitted to it in an
action or proceeding.
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2. An unjust judgment is one which is contrary to a. Knowingly renders an unjust

law, or not supported by the evidence, or both. interlocutory order or decree, or
3. No liability if judgment is based on error made b. Renders a Manifestly unjust
in good faith. interlocutory order or decree through
4. An unjust judgment may result from: inexcusable negligence or ignorance
a. Error (with bad faith);
b. Ill-will or revenge (or hatred, envy, greed); Interlocutory order - one issued by the court
or deciding a collateral or incidental matter; it is not a
c. Bribery. final determination of the issues of the action or
5. There must be evidence that the decision proceeding.
rendered is unjust. It cannot be presumed.
Note: Test in determining whether an order or
6. Abuse of discretion or mere error of judgment judgment is interlocutory or final - “Does it leave
cannot likewise serve as bases for rendering an something to be done in the trial court with respect to
unjust judgment, in the absence of proof or even the merits of the case?” If it does, it is interlocutory;
an allegation of bad faith, ill motive, or improper if it does not, it is final.
consideration.
7. Does not apply to members of collegiate courts Example: An order granting preliminary injunction or
who render collective judgment (Supreme an order appointing a receiver is an interlocutory
Court, Court of Appeals, Sandiganbayan, and order.
Court of Tax Appeals).
Art. 207. Malicious Delay in the Administration
of Justice
Art. 205. Judgment Rendered Through
Any judge guilty of malicious delay in the
Negligence administration of justice
Any judge who, by reason of inexcusable
negligence or ignorance, shall render a manifestly Elements: (J-P-D-M) (4)
unjust judgment in any case submitted to him for 1. That the offender is a Judge;
decision 2. That there is a Proceeding in his court;
3. That he Delays the administration of justice;
Elements: (J-C-M-I) (4) and
1. That the offender is a Judge; 4. That the delay is Malicious, that is, the delay is
2. That he renders judgment in a Case caused by the judge with deliberate intent to
submitted to him for decision; inflict damage on either party in the case
3. That the judgment is Manifestly unjust; and
4. That it is due to Inexcusable negligence or Note: Mere delay without malice is not punishable.
ignorance.
Art. 208. Prosecution of Offenses; Negligence
Manifestly unjust judgment – Manifestly contrary and Tolerance
to law that even a person having meager knowledge
of it cannot doubt the injustice. Any public officer, or officer of the law, who, in
dereliction of the duties of his office, shall
Note: Abuse of discretion or mere error of judgment maliciously refrain from instituting prosecution for
is not punishable. the punishment of violators of the law, or shall
tolerate the commission of offenses
Art. 206. Unjust Interlocutory Order
Punishable acts: (2)
Any judge who shall knowingly render an unjust
1. Maliciously refraining from instituting
interlocutory order or decree or who shall render a
manifestly unjust interlocutory order by prosecution against violators of the law; and
inexcusable negligence 2. Maliciously tolerating the commission of
offenses
Elements: (J-KM) (2)
1. That the offender is a Judge; and
2. That he performs any of the following acts:
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Elements: Art. 209. Betrayal of Trust by an Attorney or

1. That the offender is a public officer or officer of Solicitor – Revelation of Secrets
the law who has a duty to cause the prosecution
of, or to prosecute, offenses; Any attorney-at-law or any person duly authorized
to represent and/or assist a party to a case who:
2. That there is dereliction of the duties of his
a) by any malicious breach of professional duty or
office, that is, knowing the commission of the of inexcusable negligence or ignorance, shall
crime, he does not cause the prosecution of the prejudice his client, or
criminal or knowing that a crime is about to be b) by any malicious breach of professional duty or
committed, he tolerates its commission; and of inexcusable negligence or ignorance, reveal
3. That the offender acts with malice and any of the secrets of the latter learned by him in
deliberate intent to favor the violator of the law his professional capacity; or
c) having undertaken the defense of a client or
Who can be offenders in Art. 208 having received confidential information from said
1. Officer of the Law – includes all those who, by client in a case, shall undertake the defense of the
reason of the position held by them, are duty opposing party in the same case, without the
bound to cause the prosecution and consent of his first client
punishment of offenders
Punishable Acts: (3)
2. Public Officer – extends to officers of the 1. Causing damage to client either
prosecution department whose duty is to a. By any malicious breach of professional
institute criminal proceedings for felonies the duty, or
perpetrations of which are made known to them b. By inexcusable negligence or ignorance
• Damage is necessary
Notes: 2. Revealing any of the secrets of his client
1. PREVARICACION is the negligence in the learned by him in his professional capacity
prosecution, and tolerance in the commission, a. By any malicious breach of professional
of an offense. duty, or
2. There must be a duty on the part of the public b. By inexcusable negligence or ignorance
officer to prosecute or move for the prosecution • Damage is NOT necessary.
of the offender. However, a fiscal is under no 3. Undertaking the defense of the opposing party
compulsion to file an information based upon a in the same case, without the consent of his first
complaint if he is convinced that the evidence client, after having undertaken the defense of
before him is insufficient to warrant filing an the latter or having received confidential
action in court. information from the latter
3. The crime must be proved first before an officer • If the client consents to the attorney’s
can be convicted of dereliction of duty. If the guilt taking of the defense of the other party,
of the law-violator is not proved, the person there is no crime.
charged with the dereliction of duty is not liable.
4. “Maliciously” signifies deliberate evil intent; a Section 2. – Bribery
dereliction of duty caused by poor judgment or
honest mistake is not punishable. Art. 210. Direct Bribery
5. A public officer who harbors, conceals, or Any public officer who shall agree to perform an
assists in the escape of an offender, when it is act constituting a crime, in connection with the
his duty to prosecute him, is liable as principal performance of this official duties, in consideration
in the crime of dereliction of duty in the of any offer, promise, gift or present received by
prosecution of offenses. He is not an accessory. such officer, personally or through the mediation
6. If gift/promise is a consideration for the conduct of another,
of the officer referred to in this article, the crime
is direct bribery under Art. 210. Punishable Acts: (3)
1. Agreeing to perform, or performing, in
consideration of any offer, promise, gift or
present, an act constituting a crime, in
connection with the performance of the
offender’s official duties;
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Notes: consequences should the public officer perform

a. Acceptance of the offer or promise is his functions.
enough to consummate the crime. If the
offer is not accepted, only the person Fourth element: The act which the public officer
offering the gift is liable for attempted agrees to perform must be connected with the
corruption of a public officer. performance of his official duties. It is enough
b. Gift must have a value or be capable of that the act is part of the established procedure of a
pecuniary estimation. It could be in the form governmental agency.
of money, property or services.
Bribery and Robbery, Distinguished
2. Accepting a gift in consideration of the
BRIBERY ROBBERY (ART. 294)
execution of an act which does not constitute a
When the victim has When the victim did not
crime, in connection with the performance of the
committed a crime commit a crime and he is
offender’s official duty; and and gives money/gift intimidated with arrest
3. Agreeing to refrain, or refraining, from doing to avoid arrest or and/or prosecution to
something which it is the offender’s official duty prosecution deprive him of his
to do, in consideration of a gift or promise. personal property
Note: Victim parts with his Victim is deprived of his
a. Prevaricacion (Art. 208) distinguished from money or property money or property by
bribery: differs from bribery in the sense voluntarily force or intimidation
that in the latter, the offender refrains from
doing his official duty in consideration of a
gift received or promised. This element is Art. 211. Indirect Bribery
not necessary in the crime of prevaricacion. Any public officer who shall accept gifts offered to
him by reason of his office
Elements: (PARE) (4)
1. That the offender be a Public officer;
Elements: (PAB) (3)
2. That the offender Accepts an offer or promise 1. That the offender is a Public officer;
or receives a gift or present by himself or through 2. That he Accepts gifts; and
another; 3. That the said gifts are offered to him By reason
3. That such offer or promise be accepted or of his office.
gift/present Received by the public officer -
a. With a view to committing some crime; OR Notes:
b. In consideration of an execution of an act 1. The article uses the words “gift” and not
which does not constitute a crime, but the “promise,” and “accept”, not just “receive”.
act must be unjust; OR 2. The gift is given in anticipation of future favor
c. To refrain from doing something which is from the public officer.
his official duty to do; 3. There must be clear intention on the part of the
4. That the act which the offender agrees to public officer to take the gift offered and
perform or which he Executes be connected consider the property as his own from that
with the performance of his official duties moment. Mere physical receipt unaccompanied
by any other sign, circumstance or act to show
Temporary performance of public functions such acceptance is not sufficient to convict the
make the person a public officer officer.
For purposes of this article, temporary performance 4. There is no attempted or frustrated indirect
of public functions is sufficient to constitute a person
bribery.
a public officer.
Bribery exists when the gift is: Indirect and Direct Bribery, Distinguished
1. Voluntarily offered by a private person; INDIRECT BRIBERY DIRECT BRIBERY
2. Solicited by the public officer and voluntarily In both, a public officer receives a gift
delivered by the private person; and Usually no agreement There is an agreement
3. Solicited by the public officer but the private between the public between the public
person delivers it out of fear of the officer and the giver for officer and the giver
the former to perform an
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act constituting a crime, d. Such information and testimony can be

in connection with the corroborated on its material points; and
performance of this e. Informant or witness has not been
official duties previously convicted of a crime involving
Not necessary that the Officer agrees to moral turpitude.
officer do an act, as long perform or refrain from
as he accepts gifts by doing an act
reason of his office
Chapter 3: Frauds and Illegal Transactions and
Exactions
Art. 211-A. Qualified Bribery
Art. 213. Frauds against the Public Treasury and
Elements: (PRE) (3) Similar Offenses
1. The offender is a public officer Entrusted with
law enforcement; Frauds against Public Treasury
2. He Refrains from arresting/ prosecuting an Elements: (4)
offender for crime punishable by reclusion 1. The offender is a public officer;
perpetua and/or death; and 2. He entered into an agreement with any
3. His refusal is in consideration of any offer, interested party or speculator or made use of
Promise or gift any other scheme with regard to (a) furnishing
supplies ,(b) the making of contracts, or (c) the
Art. 212. Corruption of Public Officials adjustment or settlement of an account relating
to public property or funds;
Any person who shall have made the offers or 3. He should have taken advantage of his office -
promises or given the gifts or presents as
that is, he intervened in the transaction in his
described in the preceding articles
official capacity;and
4. The accused had intent to defraud the
Elements: government.
The offender makes offers or promises or gives
gifts or presents to a public officer; and Notes:
The offers or promises are made, or the gifts or 1. The public officer must act in his official
presents are given, to a public officer, under capacity.
circumstances that will make the public officer 2. The felony is consummated by merely
liable for direct bribery or indirect bribery entering into an agreement with any
interested party or speculator or by merely
Notes: making use of any scheme to defraud the
1. The offender is the giver of the gift or the offeror Government.
of the promise. The act may or may not be
accomplished. Illegal Exactions
2. Under P.D. 749, givers of bribes and other gifts Elements: (2)
as well as accomplices in bribery and other graft 1. The offender is a public officer entrusted with
cases are immune from prosecution if they the collection of taxes, licenses, fees and other
voluntarily give any information about any imposts; and
commission of direct, indirect, and qualified 2. He does any of the following acts or omissions:
bribery, and any corruption of public officials, a. Demanding, directly or indirectly, the
provided that: payment of sums different from or larger
a. The information must refer to than those authorized by law,
consummated violations of any of the b. Failing voluntarily to issue a receipt, as
above-mentioned provisions of law, rules provided by law, for any sum of money
and regulations; collected by him officially, or
b. The information, and the informant’s c. Collecting or receiving, directly or indirectly,
testimony, are necessary for the conviction by way of payment or otherwise, things or
of the accused public officer; objects of a nature different from that
c. Such information and testimony are not in provided by law.
possession of the State;
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Notes: Elements: (AI-WI) (4)

1. Mere demand of a larger or different amount is 1. That the offender is an Appointive public
sufficient to consummate the crime. The officer;
essence is the improper collection, and damage 2. That he becomes Interested, directly or
to the government is not required. indirectly, in any transaction of exchange or
2. If sums are received without demanding the speculation;
same, a felony under this article is not 3. That the transaction takes place Within the
committed. However, if the sum is given as a territory subject to his jurisdiction; and
sort of gift or gratification, the crime is indirect 4. That he becomes interested in the transaction
bribery. during his Incumbency.
3. When there is deceit in demanding larger fees,
the crime committed is estafa. Notes:
4. This felony may be complexed with 1. The transaction must be of exchange or
malversation. Ex. A tax collector who collected speculation. Examples of transactions of
a sum larger than that authorized by law and exchange or speculation are buying and selling
spent all of them is guilty of two crimes, namely: stocks, commodities, land, etc. wherein one
a. illegal exaction, for demanding a greater hopes to take advantage of an expected rise or
amount; and fall in price for gain or profit, and not merely as
b. malversation for misappropriating the investment
amount collected. 2. Purchasing of stocks or shares in a company is
5. Officers and employees of the BIR and the simple investment and not a violation of the
Bureau of Customs are not covered by this article. However, regularly buying securities for
article, since their acts are covered by special resale is speculation.
laws (NIRC and the Administrative Code,
respectively). Art. 216. Possession of Prohibited Interests by a
Public Officer
Art. 214. Other Frauds A public officer who, directly or indirectly, shall
Any public officer who, taking advantage of his become interested in any contract or business in
official position, shall commit any of the frauds or which it is his official duty to intervene. This
deceits enumerated in Arts. 315 and 316 of the provision is applicable to experts, arbitrators and
RPC private accountants who, in like manner, shall take
part in any contract or transaction connected with
the estate or property in appraisal, distribution or
Elements: (PAC) (3) adjudication of which they shall have acted, and to
1. That the offender is a Public officer; guardians and executors with respect to the
2. That he takes Advantage of his official property belonging to their wards or estate.
position; and
3. That he Commits any of the frauds or deceits Persons liable:
enumerated in Arts. 315 and 316 (Estafa, 1. Public officer who become interested in any
Swindling) contract or business in which it is his official duty
to intervene;
Note: The penalty under this Article is in addition to 2. Experts, arbitrators and private accountants
the penalties prescribed in the other articles violated who take part in any contract or transaction
(Arts. 315 and 316, RPC)
connected with the estate or property in the
Art 215. Prohibited Transactions approval, distribution or adjudication of which
they had acted; and
Any appointive public officer who, during his 3. Guardians and executors with respect to
incumbency, shall directly or indirectly become property belonging to their wards or the estate
interested in any transaction of exchange or
speculation within the territory subject to his
Notes:
jurisdiction 1. Actual fraud is not necessary.
2. Intervention must be by virtue of public office
held.
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3. Act is punished because of the possibility that

fraud may be committed or that the officer may Meaning of misappropriate or convert
place his own interest above that of the The words “misappropriate” and “convert” connote
Government or of the party which he an act of using or disposing of another’s property as
represents. if it were one’s own or of devoting it to a purpose or
use different from that agreed upon. (Ceniza-
4. Pertinent Constitutional prohibitions:
Manatan v People, GR No. 156248)
a. Member of Congress cannot personally
appear as counsel; cannot be interested Notes:
financially in any franchise or special 1. It is not necessary that the offender profited by
privilege granted by government; cannot his malversation. His being remiss in the duty of
intervene in any matter before any office of safekeeping public funds violates the trust
Government; reposed in him.
b. Members of the Executive branch cannot 2. Public funds taken need not be
hold any other office; and misappropriated.
c. Members of Constitutional Commissions 3. It can be committed either with malice or
cannot hold any other office, or engage in through negligence or imprudence, although
practice of profession or management of the penalty is the same. Negligence of the
business, or be financially interested in a accountable public officer must be positively
contract with, or franchise/privilege by, the and clearly shown to be inexcusable.
government. 4. In determining whether the offender is a public
officer, what is controlling is the nature of his
office and not the designation. He should be a
Chapter 4: Malversation of Public Funds or public officer who receives money or property
Property from government for which he is bound to
account, and which he has authority to collect
Art. 217. Malversation of Public Funds or
or receive
Property
5. The funds or property must be received in an
Any public officer who, by reason of the duties of official capacity. Otherwise, the crime
his office, is accountable for public funds or committed is estafa.
property, shall appropriate the same or shall take
or misappropriate or shall consent, through Circumstances which make private individuals
abandonment or negligence, shall permit any liable
other person to take such public funds, or 1. When they are in conspiracy with public officers;
property, wholly or partially, or shall otherwise be 2. When they have charge of national, provincial
guilty of the misappropriation or malversation of
or municipal funds, revenues or property in any
such funds or property
capacity;
3. Those who are accessories or accomplices of
Elements: an erring public officer; and
1. That the offender be a public officer (or private
4. Depositories or administrators of public funds or
person, if entrusted with public funds or if in
property
connivance with public officers);
2. That he has the custody or control of funds or
Notes:
property (if not accountable for the funds, crime 1. When malversation is not committed through
committed is theft or qualified theft); negligence, lack of criminal intent or good faith
3. That those funds or property are public funds or is a defense.
property (even if private funds, they become 2. The failure of a public officer to have any duly-
public if attached, seized, deposited or forthcoming public funds or property upon
commingled with public funds); and demand, by any authorized officer shall be
4. That he: prima facie evidence that he has put such
a. Appropriated the funds or property; missing funds or property to personal use.
b. Took or misappropriated them; or 3. Returning embezzled funds is not an exempting
Consented or, through abandonment or circumstance but only mitigating. However, the
negligence, permitted any other person to
take them
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return of the malversed funds should be

“prompt.” Art. 219. Failure of a Responsible Public Officer
4. A person whose negligence made possible the to Render Accounts before Leaving the Country
commission of malversation by another can be
Any public officer who unlawfully leaves or
held liable as a principal by indispensable attempts to leave the Philippine Islands without
cooperation. securing a certificate from the (Insular) Auditor
5. Malversation may be commited either through a showing that his accounts have been finally
positive act of misappropriation of public funds settled
or property or passively through negligence, by
allowing another to commit such Elements: (PAU) (3)
misappropriation. (People v Jose Ting Lan Uy, 1. That the offender is a Public officer;
GR No. 157399) 2. That he must be an Accountable officer for
6. The fact that the obligation to deposit the public funds or property; and
collections of the City Treasurer's Office is not 3. That he must have Unlawfully left (or be on the
covered by appellant's official job description is point of leaving) the Philippines without
of no legal consequence in a prosecution for securing from the Commission on Audit a
Malversation. What is essential is that appellant certificate showing that his accounts have
had custody or control of public funds by reason been finally settled
of the duties of his office. (People v. Hipol, 454
Phil. 679) Note:
7. See Azarcon v. Sandiganbayan [G.R. No. The act of leaving the Philippines must be
116033, Feb. 26, 1997] where the unauthorized or not permitted by law.
Sandiganayan ruled it had no jurisdiction over a
person who was given custody of distrained Art. 220. Illegal Use of Public Funds or Property
property. The Court said, “It is evident that the (Technical Malversation)
petitioner did not cease to be a private individual Any public officer who shall apply any public fund or
when he agreed to act as a depositary of the property under his administration to any public use
garnished dump truck.” other than that for which such fund or property was
appropriated by law or ordinance
Art. 218. Failure of Accountable Officer to
Render Account Elements: (PAPA) (4)
Any public officer, whether in the service or 1. That the offender is a Public officer;
separated therefrom by resignation or any other 2. That there is a Public fund or property under
cause, who is required by law or regulation to his administration;
render account to the (Insular) Auditor or to a 3. That such public fund or property has been
provincial auditor, and who fails to do so for a Appropriated by law or ordinance (without
period of two months after such accounts should this, it is simple malversation); and
be rendered 4. That he Applies the same to a public use
other than for which such fund or property has
Elements: (FRAP) (4) been appropriated by law or ordinance
1. That the offender is a Public officer, whether in Notes:
the service or separated therefrom; 1. Unlike in Art. 217 (Malversation), in illegal use
2. That he must be an Accountable officer for of public funds or property (Technical
public funds or property; Malversation), the offender does not derive any
3. That he is Required by law or regulation to personal gain; the funds are merely devoted to
render accounts to the Commission on Audit some other public use.
or to a provincial auditor; and 2. Absence of damage is only a mitigating
4. That he Fails to do so for a period of two circumstance.
months after such accounts should be 3. Criminal intent is not an element of technical
rendered malversation. The law punishes the act of
diverting public property earmarked by law or
Note: Demand and misappropriation are not ordinance for a particular public purpose to
necessary. another public purpose. The offense is mala
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prohibita, meaning that the prohibited act is not Art. 222. Officers Included in the Preceding
inherently immoral but becomes a criminal Provisions
offense because positive law forbids its
Persons liable under Arts. 217 to 221:
commission, based on considerations of public 1. Private individual who, in any capacity,
policy, order, and convenience. It is the have charge of any national, provincial or
commission of an act as defined by the law, and municipal funds, revenue, or property
not the character or effect thereof, that Example: a withholding tax agent
determines whether or not the provision has 2. Administrator or depositary of funds or
been violated. Hence, malice or criminal intent property that has been attached, seized or
is completely irrelevant. (Arnold James M. deposited by public authority, even if owned
Ysidoro v. People, G.R. No. 192330) by a private individual
4. In relation to the second element, if the public
funds are established to be part of savings, the
same ceased to be appropriated by law or Notes:
1. Sheriffs and receivers fall under the term
ordinance for any specific purpose. (Abdulla v.
“administrator”
People, G.R. No. 150129)
2. Judicial administrator (appointed to administer
Illegal Use of funds or property and estate of deceased and not in charge of
Malversation, Distinguished property attached, impounded or placed in
ILLEGAL USE OF deposit by public authority) not covered by this
FUNDS OR PROPERTY SIMPLE article
(TECHNICAL MALVERSATION 3. Private property is included if it is attached,
MALVERSATION) seized or deposited by public authority
In both, offender is an accountable public officer
Offender does not derive Offender, in certain
any personal gain or cases, profits from the Chapter 5: Infidelity of Public Officers
profit proceeds of the crime
The public fund or The public fund or Section 1. – Infidelity in the Custody of Prisoners
property is applied to property is applied to
another public use personal use Art. 223. Conniving with or Consenting To
Evasion
Art. 221. Failure to Make Delivery of Public
Any public officer who shall consent to the escape
Funds or Property
of a prisoner in his custody or charge
Any public officer under obligation to make
payment from Government funds in his Elements:
possession, who shall - 1. That the offender is a public officer (on duty);
FR (2)
2. That he is charged with the conveyance or
1. Fail to make payment; and
custody of a prisoner, either detention prisoner
2. Refuse to make delivery despite being
or prisoner by final judgment;
ordered by competent authority to deliver any
3. That such prisoner escaped from his custody;
property in his custody or under his
and
administration (must be malicious)
4. That he was in connivance with the prisoner in
the latter’s escape
Elements:
1. That the public officer has government funds or Notes:
property in his possession A person becomes a detention prisoner from
2. That he is under obligation to either: the moment he is “booked”. This refers to the
a) make payment from such funds, or accomplishment of the booking sheet and filling
b) deliver property in his custody or out of a form where his finger-prints are affixed.
administration when ordered by competent From that time on, he is already a detention
authority to do so; and prisoner even if he is not yet incarcerated.
3. That he maliciously fails or refuses to do so The release of a detention prisoner who could
not be delivered to judicial authorities within the
time fixed by law is not infidelity in the custody
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of a prisoner. Neither does mere leniency or 2. That the conveyance or custody of a prisoner or
laxity in the performance of duty constitute person under arrest is confided or entrusted to
infidelity. him (that is, he has been given custody);
There is real and actual evasion of service of 3. That the prisoner or person under arrest
sentence when the custodian permits the prisoner escapes; and
to obtain a relaxation of his imprisonment. 4. That the offender consents to the escape of the
prisoner or person under arrest, or that the
Art. 224. Evasion through Negligence escape takes place through his negligence
Any public officer charged with the conveyance or
custody of a prisoner who, through negligence, Note: This article is not applicable if a private person
made the arrest and he consented to the escape of
shall allow the evasion (escape) of the prisoner
the person he arrested.
Elements: (PCE) (3) Section 2. – Infidelity in the Custody of

1. That the offender is a Public officer; Documents
2. That he is charged with the Conveyance or
custody of a prisoner, either detention Art. 226. Removal, Concealment or Destruction
prisoner or prisoner by final judgment; and of Documents
3. That such prisoner Escapes through his Public officer who shall remove, destroy or
negligence conceal documents or papers officially entrusted
to him
Notes:
1. The article punishes a definite laxity which
Elements: (PAED) (4)
amounts to deliberate non-performance of a
1. That the offender be a Public officer;
duty.
2. That he Abstracts, destroys or conceals a
2. The fact that the public officer recaptured the
document or paper;
prisoner who had escaped from his custody
3. That the said document or paper should have
does not afford him complete exculpation.
been Entrusted to such public officer by reason
3. Extent of liability of an escaping prisoner:
of his office; and
a. if a prisoner by final judgment, he is liable
4. That Damage, whether serious or not, to a third
for evasion of service (Art. 157)
party or to the public interest should have been
b. if a detention prisoner, he does not incur
caused.
criminal liability (unless he cooperated with
the offender) Notes:
4. The negligent public officer suffers the same 1. The document or paper must be complete and
penalty regardless of whether the prisoner is a one by which a right could be established or an
convict or merely a detention prisoner. obligation could be extinguished.
5. Any public officer who has direct custody of a 2. “Papers” would include checks, promissory
detained person under the provisions of this Act notes and paper money.
and who, by his deliberate act, misconduct or 3. A post office official who retained mail/letters
inexcusable negligence causes or allows the without forwarding them to their destination is
escape of such detained person, shall be guilty guilty of infidelity in the custody of papers.
of an offense. (RA 11479, Sec. 42) 4. Removal (“abstracting”) of a document or paper
must be for an illicit purpose. There is illicit
Art. 225. Escape of Prisoner under the Custody purpose when the intention of the offender is to:
of a Person not a Public Officer a. tamper with it,
Any private person to whom the conveyance or b. to profit by it, or
custody of a prisoner or person under arrest shall c. to commit any act constituting a breach
have been confided, who shall commit any of the of trust in the official care thereof. (Kataniag
offenses mentioned in the two preceding articles v People, 74 Phil 45)
5. Removal is consummated upon the removing or
Elements: secreting away of the document from its usual
1. That the offender is a private person; place. It is immaterial whether or not the illicit
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purpose of the offender has been 2. Damage or intent to cause damage is not
accomplished. necessary.
6. Destruction or concealment of a document or
paper does not require proof of an illicit Section 3. – Revelation of Secrets
purpose. (REYES, BOOK TWO, P. 480)
7. Delivering a document (a backpay certificate) to Art. 229. Revelation of Secrets by an Officer
a wrong party instead of returning it to the Any public officer who shall reveal any secret
releasing clerk after it was signed by the known to him by reason of his official capacity, or
Treasurer, with the result that the owner could shall wrongfully deliver papers or copies of papers
not withdraw his backpay, is infidelity in the of which he may have charge and which should
custody thereof. (People v Irineo, CA, 53 OG not be published
2827)
Punishable Acts:
Art. 227. Officer Breaking Seal 1. By revealing any secret known to the offending
public officer by reason of his official capacity;
Any public officer charged with the custody of
papers or property sealed by proper authority, who and
shall break the seals or permit them to be broken 2. By delivering wrongfully papers or copies of
papers of which he may have charge and which
should not be published.
Elements: (4)
1. That the offender is a Public officer;
Elements of para. 1 (Secrets known by reason of
2. That he is Charged with the custody of papers
his official capacity): (DOWP) (4)
or property; 1. That the offender is a Public officer;
3. That these papers or property are Sealed by 2. That he knows of a secret by reason of his
proper authority; and Official capacity;
4. That he Breaks the seals or permits them to be 3. That he reveals such secret Without authority
broken. or justifiable reasons; and
4. That Damage, great or small, be caused to the
Notes:
public interest.
1. It is the breaking of the seals, not the opening
of a closed envelope (covered by Art. 228) ,
which is punished. Notes:
2. Damage or intent to cause damage is not 1. Secret must affect public interest, not secrets of
necessary; damage is presumed. a private individual.
2. Espionage for the benefit of another State is not
Art. 228. Opening of Closed Documents contemplated by the article. If the secrets are
with regard to military secrets or secrets
Any public officer not included in the provisions of
affecting Philippine State security, the crime
the next preceding article who, without proper
authority, shall open or shall permit to be opened may be espionage.
any closed papers, documents or objects
entrusted to his custody Elements of para. 2 (wrongfully delivering
papers or copies of papers of which he may
have charge and which should not be
Elements: (P-E-H-N) (4) published): (6)
1. That the offender is a Public officer; 1. That the offender is a public officer;
2. That any closed papers, documents, or objects 2. That he has charge (custody or control) of
are Entrusted to his custody; papers;
3. That He opens or permits to be opened said 3. That those papers should not be published;
closed papers, documents or objects; and 4. That he delivers those papers or copies thereof
4. That he does Not have proper authority to do to a third person;
so. 5. That the delivery is wrongful; and
6. That damage is caused to public interest.
Notes:
1. “Custody” means guarding or keeping safe;
care.
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Notes: Elements: (JJJ-O) (4)

1. Charge means custody or control. If the 1. That the offender is a Judicial or executive
offender is merely entrusted with the officer;
possession of papers but not with the custody 2. That there is a Judgment, decision or order of
thereof, he is not liable under this article. superior authority;
2. If the papers contain secrets which should not 3. That such Judgment, decision or order was
be published, and the public officer having made within the scope of the jurisdiction of
charge thereof removes and delivers them the superior authority and issued with all the
wrongfully to a third person, the crime is legal formalities; and
revelation of secrets. On the other hand, if the 4. That the offender, without any legal justification,
papers do not contain secrets, their removal for Openly refuses to execute the said judgment,
an illicit purpose is infidelity in the custody of decision or order which he is duty bound to
documents. obey.
3. Damage is essential to the act committed.
Art. 232. Disobedience to Order of Superior
Art. 230. Public Officer Revealing Secrets of Officer When Said Order was Suspended by
Private Individual Inferior Officer
Any public officer, to whom the secrets of any Any public officer who, having for any reason
private individual shall become known by reason suspended the execution of the orders of his
of his office, who reveals such secrets superiors, shall disobey such superiors after the
latter have disapproved the suspension
Elements: (3)
1. That the offender is a Public officer; Elements: (POSS-D) (5)
2. That he Knows of the secret of a private 1. That the offender is a Public officer;
individual by reason of his office; and 2. That an Order is issued by his superior for
3. That he Reveals such secrets without execution;
authority or justifiable reason. 3. That he has, for any reason, Suspended the
execution of such order;
Notes: 4. That his Superior disapproves the suspension
1. Revelation to one person is sufficient. of the execution of the order; and
2. If the offender is an attorney, he is properly 5. That the offender Disobeys his superior despite
liable under Art. 209 (betrayal of trust by an the disapproval of the suspension.
attorney).
3. It is not necessary that damage is suffered by Note:
the private individual. The reason for this A public officer is not liable if the order of the
provision is to uphold faith and trust in the public superior is illegal.
service.
Art. 233. Refusal of Assistance
A public officer who, upon demand from
Chapter 6: Other Offenses or Irregularities by competent authority, shall fail to lend his
Public Officers cooperation towards the administration of justice
or other public service
Section 1. – Disobedience, Refusal of
Assistance, and Maltreatment of Prisoners
Elements: (PCM) (3)
1. That the offender is a Public officer;
Art. 231. Open Disobedience
2. That a Competent authority demands from the
Any judicial or executive officer who shall openly offender that he lend his cooperation towards
refuse to execute the judgment, decision or order the administration of justice or other public
of any superior authority made within the scope of service; and
the jurisdiction of the latter and issued with all the
3. That the offender fails to do so Maliciously
legal formalities
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Notes: b. by maltreating such prisoner to extort a

1. This felony involves a request from one public confession or to obtain some information
officer to another. from the prisoner.
2. Damage to the public interest or third party is
essential. Notes:
3. Demand is necessary. 1. The public officer must have actual charge of
4. Demand must be from competent authority. the prisoner in order to be held liable (not
merely a charge by legal fiction).
Art. 234. Refusal To Discharge Elective Office 2. Offended party must be a: (1) convict by final
judgment, or (2) detention prisoner.
Any person who, having been elected by popular
election to a public office, shall refuse, without 3. Maltreatment should not be due to personal
legal motive, to be sworn in or to discharge the grudge, otherwise, liability is for physical injuries
duties of said office only.
4. Offender may also be held liable for physical
Elements: (REN) (3) injuries or damages caused. (The penalty
1. That the offender is Elected by popular election provided in Article 235 is imposed in addition to
to a public office; penalty for injury or damage caused.) There is
2. That he Refuses to be sworn in or discharge no complex crime of maltreatment of prisoners
the duties of said office; with serious or less serious physical injuries.
3. That there is No legal motive for such refusal 5. If the person maltreated should not be a
to be sworn in or to discharge the duties of said prisoner, physical injuries may be deemed
office. committed.
Notes: Section 2. – Anticipation, Prolongation and

1. If the elected person is disqualified, his refusal Abandonment of the Duties and Powers of
to be sworn in or to discharge the duties of the Public Office
office is justified.
Art. 236. Anticipation of Duties of a Public Office
2. Refusal to discharge the duties of an appointive
office is not covered by this article. Any person who shall assume the performance of
the duties and powers of any public officer or
Art. 235. Maltreatment of Prisoners employment without first being sworn in or having
given the bond required by law
Any public officer or employee who shall overdo
himself in the correction or handling of a prisoner
or detention prisoner under his charge, by the Elements: (LANE) (4)
imposition of punishments not authorized by the 1. That the offender is Entitled to hold a public
regulations, or by inflicting such punishments in a office or employment, either by election or
cruel and humiliating manner appointment;
2. That the Law requires that he should first be
sworn in and/or should first give a bond;
Elements:
1. That the offender is a public officer or employee; 3. That he Assumes the performance of the
2. That he has charge of a prisoner (that is, by final duties and powers of such office; and
judgment ; a convict) or detention prisoner; and 4. That he has Not taken his oath of office and/or
3. That he maltreats such prisoner in either of the given the bond required by law.
following manners:
a. By overdoing himself in the correction or Art. 237. Prolonging Performance of Duties and
handling of such prisoner under his charge Powers
either – Any public officer shall continue to exercise the
i. by the imposition of punishments not duties and powers of his office, employment or
authorized by the regulations, or commission beyond the period provided by law,
ii. by inflicting such punishments (those regulation or special provisions applicable to the
authorized) in a cruel and humiliating case
manner, or
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Elements: Section 3. – Usurpation of Powers and Unlawful

1. That the offender is holding a public office; Appointments
2. That the period provided by law, regulations or
special provisions for holding such office has Art. 239. Usurpation of Legislative Powers
already expired; and Any executive or judicial officer who shall
3. That he continues to exercise the duties and encroach upon the powers of the legislative
powers of such office. branch of the Government, either by making
general rules or regulations beyond the scope of
Note: his authority or by attempting to repeal a law or
The officers contemplated are those who have been suspending the execution thereof
suspended, separated, declared over-aged or
dismissed. Elements:
1. That the offender is an executive or judicial
Art. 238. Abandonment of Office or Position
officer; and
Any public officer who, before the acceptance of 2. That he:
his resignation, shall abandon his office to the a. makes general rules or regulations beyond
detriment of the public service the scope of his authority, or
b. attempts to repeal a law, or
Elements: c. suspends the execution thereof
1. That the offender is a public officer;
2. That he formally resigns from his position; Art. 240. Usurpation of Executive Functions
3. That his resignation has not yet been accepted;
Any judge who shall assume any power pertaining
and to the executive authorities or shall obstruct the
4. That he abandons his office to the detriment of latter in the lawful exercise of their powers
the public service.
Elements:
Notes:
1. That the offender is a judge; and
1. There must be formal or written resignation.
2. That he:
2. The offense is qualified if the purpose behind
a. assumes a power pertaining to the
the abandonment is to evade the discharge of
executive authorities, or
duties consisting of preventing, prosecuting or
b. obstructs executive authorities in the lawful
punishing any of the crimes against national
exercise of their powers
security (e.g. treason, espionage), in which
case, the penalty is higher.
Note:
Legislative officers are not liable for usurpation of
Abandonment of Office or Position and executive functions.
Dereliction of Duty, Distinguished
ABANDONMENT OF DERELICTION OF Art. 241. Usurpation of Judicial Functions
OFFICE OR POSITION DUTY (ART. 208) Any officer of the executive branch of the
Committed only by Government who shall assume judicial powers or
Committed by any public public officers who shall obstruct the execution of any order or
officer have the duty to decision rendered by any judge within his
institute prosecution jurisdiction
Public officer does not

There is actual Elements:
abandon his office but 1. That the offender is an officer of the executive
abandonment through
merely fails to
resignation to evade the branch of the government; and
prosecute a violation of
discharge of duties 2. That he:
the law
a. assumes judicial powers, or
b. obstructs the execution of any order or
decision rendered by any judge within his
jurisdiction
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Note: Legislative officers are not liable for 4. That the offender knows that his nominee or
usurpation of judicial functions. appointee lacks the qualification at the time he
made the nomination or appointment
Art. 242. Disobeying Request for
Disqualification Notes:
1. Mere recommending, even if with the
Any public officer who, before a question of
jurisdiction by him over a proceeding is decided, knowledge that the person recommended is not
shall continue any proceeding after having been qualified, is not a crime. He must nominate.
lawfully required to refrain from so doing 2. There must be a law providing for the
qualifications of a person to be nominated or
Elements: appointed to a public office.
1. That the offender is a public officer;
2. That a proceeding is pending before such public Section 4. – Abuses against Chastity
officer;
Art. 245. Abuses against Chastity
3. That there is a question brought before the
proper authority regarding his jurisdiction, which Any public officer who shall solicit or make
is not yet decided; immoral or indecent advances to a woman
4. That he has been lawfully required to refrain interested in matters pending before such officer
from continuing the proceeding; and for decision, or with respect to which he is required
to submit a report to or consult with a superior
5. That he continues the proceeding
officer;
Art. 243. Orders or Requests by Executive
Any warden or other public officer directly charged
Officer to Any Judicial Authority with the care and custody of prisoners or persons
Any executive officer who shall address any order under arrest who shall solicit or make immoral or
or suggestion to any judicial authority with respect indecent advances to a woman under his custody
to any case or business coming within the
exclusive jurisdiction of the courts of justice Punishable Acts: (3)
1. By soliciting or making immoral or indecent
Elements: (3) advances to a woman interested in matters
1. That the offender is an executive officer; pending before the offending officer for decision,
2. That he addresses any order or suggestion to or with respect to which he is required to submit
any judicial authority; and a report to or consult with a superior officer;
3. That the order or suggestion relates to any case 2. By soliciting or making immoral or indecent
or business coming within the exclusive advances to a woman under the offender’s
jurisdiction of the courts of justice custody; and
3. By soliciting or making immoral or indecent
Note: advances to the wife, daughter, sister, or
Legislative and judicial officers are not liable under relative within the same degree by affinity of any
this article. person in custody of the offending warden or
officer
Art. 244. Unlawful Appointments
Any public officer who shall knowingly nominate or Elements:
appoint to any public office any person lacking the 1. That the offender is a public officer;
legal qualifications therefor 2. That he solicits or makes immoral or indecent
advances to a woman; and
Elements: 3. That such woman must be –
1. That the offender is a public officer; a. interested in matters pending before the
2. That he nominates or appoints a person to a offender for decision, or with respect to
public office; which he is required to submit a report to or
3. That such person lacks the legal qualification consult with a superior officer, or
therefor; and b. under the custody of the offender who is a
warden or other public officer directly
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charged with care and custody of prisoners d. Illegitimate other Ascendant/descendant;

or person under arrest, or and
c. the wife, daughter, sister or relative within e. Common-law spouse
the same degree by affinity of the person in
the custody of the offender. Notes:
1. Relationship must be alleged in the Information
Notes: and proved. If not alleged, it can only be
1. The mother of the person in the custody of the considered as an ordinary aggravating
public officer is not included. circumstance.
2. To solicit means to propose earnestly and 2. Only relatives by blood and in direct line (except
persistently something unchaste and immoral to spouse) are considered. Only relatives by blood
a woman. may be legitimate or illegitimate. Adoptive
3. The crime is consummated by mere proposal. fathers/mothers, adopted sons/daughters,
4. Proof of solicitation is not necessary when there fathers/mothers-in-law and sons/daughters-in-
is sexual intercourse. law are not among the covered victims in this
provision. (REYES, BOOK TWO, p.507)
—end of topic — 3. Marriages among Muslims or among members
of ethnic cultural communities recognized (Art.
33, Family Code)
G. CRIMES AGAINST PERSONS 4. Punished by reclusion perpetua to death if
intentional
Chapter 1: Destruction of Life 5. Punishment for Parricide through
imprudence/negligence:
Section 1 – Parricide, Murder, Homicide a. Reckless imprudence – punished by
Arresto Mayor in its maximum period to
Art. 246. Parricide
Prision Correccional in its medium period;
Any person who shall kill his father, mother, or and
child, whether legitimate or illegitimate, or any of b. Simple imprudence or negligence –
his ascendants, or descendants, or his spouse punished by Arresto Mayor in its medium
and maximum periods
Elements: (RAK) 6. Parricide by mistake: if there is intent to kill a
1. That a person is killed; stranger but, by mistake, a covered relative is
2. That the deceased is killed by the accused; killed, offender will be liable, applying Art. 4(1)
3. That the deceased is the (relationship; (in relation to Art. 49 of the RPC, for
covered relatives) penalization), because knowledge of
a. father, mother, or child, whether legitimate relationship is not required in parricide
or illegitimate, or 7. Parricide by omission - in relation to Art. 276,
b. legitimate other ascendant or other 2nd par. (Abandoning a minor) and covered/
descendant, or punished thereunder
c. legitimate spouse of the accused 8. Stranger cooperating in parricide is only guilty
of homicide or murder, as the case may be.
Relationship of the offender with the victim is
the essential element. Parricide is not punishable by Reclusion
1. Required to determine legitimacy of relationship Perpetua to Death when:
with victims; 1. It is committed through imprudence or
2. The following are excluded (i.e., the accused negligence (Art. 365); or
will not be guilty of parricide if they are killed by 2. It is committed under exceptional
him/her) (A3-RIC) circumstances (Art. 247).
a. Adoptive relationship (adopting parent-
adopted child); (REYES, BOOK TWO, p.507)
b. Child Less than 3 days old (if so,
infanticide);
c. Relationship by Affinity (in-laws);
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Art. 247. Death or Physical Injuries Inflicted Justification for Art. 247: Burst of Passion
Under Exceptional Circumstances The killing must be the proximate result of the
outrage overwhelming the accused and not
Committed by influenced by external factors.
1. any legally married person who, having
surprised his spouse in the act of Notes:
committing sexual intercourse with 1. The article does not define a crime, but when
another person, shall kill or inflict serious death/serious physical injuries are inflicted, it
physical injuries on any of them or both of grants a “singular mitigating circumstance” and
them in the act or immediately thereafter; provides for the “penalty” of destierro (as a form
or of protection for the accused) instead of the
2. Parents who, having surprised their severe penalty prescribed for parricide,
daughters under 18 years of age and homicide, or physical injuries.
living with them in the act of committing 2. If the physical injuries caused are less serious
sexual intercourse with other persons, or slight, the circumstances present an
shall kill or inflict serious physical injuries absolutory cause; thus no criminal liability is
on any of them or both of them in the act ascribed.
or immediately thereafter 3. Both wives and husbands are entitled to the
benefits of this article.
Elements: (3) 4. Sexual intercourse does not include
1. A legally married person or parent surprises preparatory acts.
his spouse or daughter (the latter must be less 5. It is immaterial whether the offending daughter
than 18 years of age and living with her is legitimate or illegitimate, provided they are
parent/s) in the act of committing sexual living with their offended parents.
intercourse with another person;
2. He/she kills any or both of them, or inflicts Physical Injuries:
upon any or both of them any serious physical 1. When only other types (non-serious) of physical
injury, during the act or immediately injuries are inflicted, the article grants
thereafter; and absolution from criminal liability (no penalty
3. He/she has not promoted or facilitated the imposable).
prostitution of his wife or daughter, or that 2. Although as a rule, one committing an offense
he/she has not consented to the infidelity of is liable for all the consequences of his act, the
his/her spouse. rule presupposes that the act done amounts to
a felony. If the act done is not a felony, the
Definitions of terms accused cannot be held liable for physical
1. The requirement of being legally married injuries inflicted upon third persons (i.e., those
therefore excludes common-law relationships. other than the wife/daughter and the paramour).
2. Legitimacy of parent is not required, where a (People v. Abarca, 153 SCRA 735)
daughter is a minor, unmarried and living with
her parent(s). Art. 248. Murder
3. Surprise means “to come up suddenly and Any person who, not falling within the provisions
unexpectedly.” of Article 246, shall kill another with the attendance
4. In the act of committing sexual intercourse of certain qualifying circumstances
with another person is satisfied if
circumstances show reasonably that the carnal Elements:
act is being committed or has just been 1. That a person is killed;
committed. 2. That the deceased is killed by the accused;
5. Immediately thereafter means the discovery, 3. That the killing was attended by any of the
escape, pursuit and the killing must all form following qualifying circumstances:
parts of one continuous act. a. with treachery, taking advantage of
superior strength, with the aid of armed
men, or employing means to weaken the
defense or of means or persons to insure or
afford impunity,
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b. in consideration of price, reward or is a principal by induction. BOTH are guilty of

promise, murder.
c. by means of inundation, fire, poison, 8. Treachery and premeditation are inherent in
explosion, shipwreck, stranding of vessel, murder by poison, and thus, cannot be
derailment or assault upon a street car or considered as aggravating.
locomotive, fall of airship, by means of
motor vehicles, or with the use of any other When abuse of superior strength does not apply
means involving great waste or ruin, The presence of abuse of superior strength should
d. on occasion of any of the calamities not result in qualifying the offense to murder when it
enumerated in the preceding paragraph, or obtains in the special complex crime of Robbery with
Homicide. In such case, it should be regarded as a
of an earthquake, eruption of a volcano,
generic circumstance. (Judge Pimentel Notes, page
destructive cyclone, epidemic or any other 220)
public calamity,
e. with evident premeditation, or Complex crime of Direct Assault with Murder or
f. with cruelty, by deliberately and Homicide
inhumanely augmenting the suffering of the When the assault results in the killing of an agent or
victim, or outraging or scoffing at his person of a person in authority, there arises the complex
or corpse; and crime of Direct Assault with Murder or Homicide.
4. The killing is not parricide or infanticide. (People v Ex-Mayor Carlos Estonilo Sr., et al., GR
No 201565)
Notes:
1. Intent to kill – essential in all qualifying Rules for application of qualifying
circumstances
circumstances
1. Murder will exist with only one of the
2. Victim must be killed in order to consummate
circumstances; others must be considered as
the crime; if victim is not killed, only either
generic aggravating. However, when other
attempted or frustrated murder is committed
circumstances are absorbed or included in one
3. Treachery – present when the act constituting
qualifying circumstance, they cannot be
the felony is sudden and unexpected, to the
considered as generic aggravating
point of incapacitating the victim from being able
circumstances.
to repel or escape it
2. Any of the circumstances must be alleged in
a. The means, methods, or form of attack
order to qualify the crime to murder. (Secs. 8
must be consciously adopted by the
and 9, Rule 110 of the Rules of Court)
offender.
b. Present when an adult person attacks a Outraging or scoffing at the victim or his corpse:
child of tender years additional qualifying circumstance not
c. The essence of treachery is that the attack mentioned in Art. 14
comes without a warning and in a swift, 1. Outraging: to commit an extremely vicious or
deliberate, and unexpected manner, deeply insulting act
affording the hapless, unarmed, and 2. Scoffing: to jeer; implies a showing of
unsuspecting victim no chance to resist or irreverence
escape.
4. Not enough that superior strength is present; Art. 249. Homicide
it must be taken advantage of
Any person who, not falling within the provisions
5. Taking advantage of superior strength also
of Article 246, shall kill another without the
applies when the act is committed on occasion attendance of any of the circumstances
of a public calamity. enumerated in Article 248
6. Armed men must take part in the commission
of the crime directly or indirectly.; accused must
Elements: (PAIN) (4)
avail himself of their aid or rely upon them. 1. That a Person was killed;
7. Person who received the price, reward, or 2. That the Accused killed him without any
promise is a principal by direct participation; justifying circumstances;
person who gave such price, reward, or promise 3. That the accused had the Intention to kill,
which is presumed; and
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4. That the killing was Not attended by any of the 4. When two different persons inflicted the wounds
qualifying circumstances of Murder, or by which caused the death, both are guilty of
those of Parricide or Infanticide homicide.
a. The burden to prove otherwise is on each
Notes: of the defendants.
1. Homicide is the unlawful killing of any person. b. Proof of conspiracy is not necessary.
2. Consummated when victim is killed; otherwise, c. Also applies when it is not shown which
attempted or frustrated wounds were inflicted by each person
3. Presumption of intent to kill 5. Use of unlicensed firearm in homicide (and in
a. With respect to crimes of personal violence, other crimes v persons) is considered an
the penal law looks particularly to the aggravating circumstance and not a separate
material results following the unlawful act crime.
and holds the aggressor responsible for all
the consequences thereof Unallowable exculpatory defenses:
b. Evidence of intent to kill is important only in 1. Refusal of victim to be operated
attempted or frustrated homicide 2. The fact that suicide by the victim concurs
- Intent to kill is conclusively presumed
when the victim dies Corpus Delicti
- Otherwise, intent to kill must be proved In all crimes against persons in which the death of
beyond reasonable doubt the victim is an element of the offense, there must
• Generally shown by the kind of be satisfactory evidence of:
weapon used, by the parts of the 1. The fact of death, and
victim’s body at which it was 2. The identity of the victim.
aimed, and by the wounds inflicted Corpus delicti does not refer to the body of the victim
• But purpose of the accused may but to the “body of the crime” – the actual
also be considered commission of the crime charged.
• The element of intent to kill is
Art. 250. Penalty for Frustrated Parricide,
incompatible with imprudence or
Murder, or Homicide
negligence
• No attempted or frustrated 1. Courts may impose a penalty two degrees
homicide through imprudence or lower for frustrated parricide, murder or
negligence; crime would be homicide, under Article 50.
physical injuries through reckless 2. Courts may impose a penalty three degrees
imprudence lower for attempted parricide, murder or
• Accidental Homicide is not the homicide, under Article 51.
same as Homicide through 3. This rule is permissive, not mandatory
imprudence or negligence; no
criminal liability for accidental Art. 251. Death Caused in a Tumultuous Affray
homicide When, while several persons, not composing
groups organized for the common purpose of
Accidental Homicide is the death of a person assaulting and attacking each other reciprocally,
brought about by a lawful act performed with proper quarrel and assault each other in a confused and
care and skill, and without homicidal intent. tumultuous manner, and in the course of the affray
- If in a game (lawful act), rules are violated (no someone is killed, and: (a) it cannot be
proper care and skill) and death resulted, the ascertained who actually killed the deceased, but
significance of the presence or absence of the person or persons who inflicted serious
physical injuries can be identified, or (b) it also
intent to kill is as follows:
a. If there was intent to kill, it is intentional cannot be determined who inflicted serious
physical injuries on the victim, but those who used
homicide
violence on the person of the victim can be
b. If there was no intent to kill, it is homicide identified
through negligence.
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Elements: 3. That the persons responsible therefor cannot

1. That there be several persons; be identified; and
2. That they did not compose groups organized for 4. That all those who appear to have used violence
the common purpose of assaulting and upon the person of the offended party are
attacking each other reciprocally; known
3. That these several persons quarreled and
assaulted one another in a confused and Notes:
tumultuous manner; 1. Persons liable: only those who used violence on
4. That someone was killed in the course of the the person of the offended party
affray; 2. Penalty will be one degree lower than that
5. That it cannot be ascertained who actually killed provided for the physical injury inflicted.
the deceased; and 3. Injured party must be a participant of the
6. That the person or persons who inflicted serious tumultuous affray (unlike in the preceding
physical injuries or who used violence can be article).
identified 4. If the one who caused physical injuries on the
victim is known, he will be liable for the physical
Definition of “Tumultuous” injuries actually committed.
Tumultuous (as used in Art. 153) means that the 5. Slight physical injuries are not included.
disturbance is caused by at least four persons who
are armed or are provided with means of violence. Art. 253. Giving Assistance to Suicide
There must be no unity of purpose and intention Any person who shall assist another to commit
among the persons who used violence. suicide, whether the suicide was consummated or
not
Persons liable:
1. Person or persons who inflicted serious
Punishable Acts:
physical injuries, if identifiable; or 1. Assisting another to commit suicide (that is,
2. If it is not known who inflicted serious physical only furnishing the person committing suicide
injuries on the deceased, all persons who used with the means to kill him/herself), whether the
violence upon the person of the victim suicide is consummated or not; and
2. Lending assistance to another to commit
Notes:
suicide to the extent of doing the killing
1. When there are two identified groups which
himself
assaulted each other, there is no tumultuous
affray.
Notes:
2. The person killed need not be a participant in 1. If the suicide is not consummated:
the affray. a. For the first punishable act: punishable by
3. Does not apply when the person who inflicted arresto mayor in its medium and maximum
the fatal wound is known; in that case, the crime periods; and
will be homicide under Art. 249 b. For the second punishable act: one or two
degrees lower than that provided for
Art. 252. Physical Injuries Inflicted in a
consummated suicide
Tumultuous Affray
2. An attempt to commit suicide is an act, but it is
When in a tumultuous affray as referred to in not punishable by law. The person so
Article 251, only serious or less serious physical
attempting is not criminally liable.
injuries are inflicted upon the participants and the
persons responsible therefor cannot be identified, 3. A pregnant woman who tries to commit suicide
but those who used violence on the person of the by means of poisoning herself, but instead of
victim can be identified. dying, the fetus in her womb was expelled, is
not liable for abortion.
Elements: a. In order to incur criminal liability for the
1. That there is a tumultuous affray as referred to result not intended, one must be
in the Article 251; committing a felony.
2. That a participant or some participants thereof b. Unintentional abortion is punishable only
suffer serious physical injuries or physical when it is caused by violence, not by
injuries of a less serious nature only; poisoning oneself (Art. 257).
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4. Assistance to suicide is different from mercy- grandparent, any other relative of the child, or a
killing. Euthanasia or mercy-killing is the stranger
practice of painlessly putting to death a person
suffering from some incurable disease. In this Elements: (KLA) (3)
case, the person does not want to die. A doctor 1. That a child was Killed;
who resorts to euthanasia may be held liable for 2. That the deceased child was Less than three
murder. days (72 hours) of age; and
3. That the Accused killed the child
Art. 254. Discharge of Firearms
Any person who shall shoot at another with any Notes:
firearm if the shooting does not amount to 1. The child must be born alive and can sustain an
attempted, frustrated, or consummated murder, independent life when it is killed.
homicide, parricide, or any other crime that a. Burden of proof upon the prosecution
imposes a higher penalty 2. Penalty is that of either parricide or murder,
depending on the relationship of the accused
Elements: (ON) (2) with the victim
1. That the Offender discharges a firearm 3. Mitigating circumstance of concealing dishonor
against or at another person; and a. Applicable only to the mother and maternal
2. That the offender has No intention to kill that grandparents; and
person. b. Delinquent mother must be of good
reputation
Notes:
1. The offender must shoot at another with any Art. 256. Intentional Abortion
firearm without intention of killing him. Willful killing of the fetus in the uterus, or the violent
a. The purpose of the offender may be only to expulsion of the fetus from the maternal womb
intimidate or frighten the offended party. which results in the death of the fetus
b. If the firearm is not discharged at a person,
the act is not punished under this article. Elements:
c. A discharge towards the house of the 1. That there is a pregnant woman;
offended party, not knowing in what part of 2. That any of the following is accomplished
the house the people inside were, is only a. violence is exerted upon the person of the
alarm under Art. 155. pregnant woman, or
d. It is sufficient that the gun was initially b. drugs or beverages are administered to the
aimed at or against the offended party, woman or other acts done, without using
even if it was not pointed at the offended violence and without the consent of the, or
party when it was fired. c. drugs or beverages are administered to the
e. If there was intent to kill, it may be frustrated woman or other acts done, with her
or attempted parricide, murder, or consent;
homicide. 3. That as a result of the use of violence, drugs or
2. Essential to prove that the discharge of firearm beverages by, or any other act of, the accused,
was directed precisely against the offended the fetus dies, either in the womb or after having
party been expelled therefrom; and
3. If the illegal discharge inflicts serious or less 4. That the abortion is intended.
serious physical injuries to the offended party,
there will be a complex crime of illegal Notes:
discharge of firearm with serious or less serious 1. Fetus must die, in consummated abortion;
physical injuries. otherwise (meaning fetus lives):
a. If there is an intention to abort, frustrated
Section 2. - Infanticide and Abortion intentional abortion;
b. If there is no such intention to abort,
Art. 255. Infanticide physical injuries
Infanticide is the killing of any child less than three 2. The crime is infanticide (as opposed to abortion)
days of age, whether the killer is a parent or if the fetus:
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a. Could sustain an independent life, after applicable to the pregnant woman and not to
separation from the womb; and her parents.
b. Dies 2. If the purpose of the woman’s parents was not
3. The person who intentionally caused the to conceal dishonor, they will be liable for
abortion is liable. As for the woman: intentional abortion under Art. 256.
a. If she permitted the acts to be done to her,
she will be liable under Art. 258; Art. 259. Abortion Practiced by a Physician or
b. otherwise, she is not liable Midwife and Dispensing of Abortives
Art. 257. Unintentional Abortion Elements: (4)

Any person who shall cause an abortion by 1. That there is a pregnant woman who has
violence, but unintentionally suffered an abortion;
2. That the abortion is intended;
Elements: (4) 3. That the offender, who must be a physician or
1. That there is a pregnant woman; midwife, causes, or assists in causing, the
2. That violence is inflicted by another upon such abortion; and
pregnant woman without intending an abortion; 4. That said physician or midwife takes advantage
3. That the violence is intentionally exerted; and of his or her scientific knowledge or skill
4. That as a result of the violence the fetus dies,
either in the womb or after having been expelled Elements as to Pharmacists: (3)
therefrom 1. That the offender is a pharmacist;
2. That there is no proper prescription from a
Notes: physician; and
1. Can only be committed by violence 3. That the offender dispenses any abortive
a. Violence or actual physical force (as
opposed to threats or mere administering of Notes:
substance with no intention to commit 1. The taking advantage of scientific knowledge or
abortion) must be used skill for the destruction of human life justifies the
2. Intention may be inferred from the condition of imposition of the maximum penalty.
the pregnant woman (i.e. whether pregnancy is 2. The significance of knowledge that the abortive
noticeable) would be used to cause abortion:
3. May be committed through imprudence a. Without such knowledge, punishable under
4. May be complexed with homicide and parricide this article; or
5. If there is no intent to cause abortion and no b. With knowledge, punishable as an
violence committed, no abortion of any kind accomplice in the crime of abortion
3. Not necessary for the abortive to be actually
Art. 258. Abortion Practiced by the Woman used; the act constituting the offense is
Herself or by Her Parents dispensing the abortive without proper
prescription
Elements:
1. That there is a pregnant woman who has Section 3 – Duel
suffered an abortion;
2. That the abortion is intended; and Art. 260. Responsibility of Participants in a Duel
3. that the abortion is caused by –
Punishable Acts:
a. the pregnant woman herself;
1. Killing one’s adversary in a duel;
b. any other person, with her consent; or
2. Inflicting upon such adversary physical injuries;
c. particularly by any of her parents, with her
and
consent, for the purpose of concealing her
3. Engaging in combat although no physical
dishonor
injuries are inflicted by either combatant on the
other
Notes:
1. Unlike in Infanticide, the mitigating
circumstance of commission of the act for the
purpose of concealing dishonor is only
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Persons liable: Art. 262. Mutilation

1. Principals – person who killed, or inflicted Any person who shall intentionally mutilate
physical injuries upon, his adversary, or both another to deprive the latter of some part of his/her
combatants, in any other cases body by lopping or clipping it off
2. Accomplices – seconds (person who make the
selection of the arms and fix the other More heavily punished if result is to deprive the
conditions of the fight) victim, either totally or partially, of some essential
organ of reproduction
Notes:
1. A duel is a formal or regular combat previously Two (2) Kinds:
concerted between two parties in the presence 1. Castration: Intentionally mutilating another by
of two or more seconds of lawful age on each depriving him, totally or partially, of some
side, who make the selection of arms and fix all essential organ for reproduction
the other conditions of the fight. 2. Mayhem or other intentional mutilation:
2. Intent to kill is disregarded where only physical Intentionally making other mutilation, i.e.
injuries result. Penalty will be that for physical lopping, clipping off any part of the body of the
injuries only, as opposed to those imposed for offended party, other than the essential organ
frustrated/attempted homicide. (2nd paragraph for reproduction, to deprive him of that part of
of the provision) his body
There must be intent to mutilate – offender must

Art. 261. Challenging to a Duel
have the intention of depriving the offended party of
a part of his body. If there’s no such intention, the
Punishable Acts: crime will be considered as serious physical injuries.
1. Challenging another to a duel;
2. Inciting another to give or accept a challenge to Physical Injuries distinguished from other
a duel; and crimes
3. Scoffing at or decrying another publicly for 1. Attempted or Frustrated Homicide
having refused to accept a challenge to fight a a. Attempted homicide may be committed,
duel even if no physical injuries are inflicted; and
b. Intent to kill is not present in the crime of
Persons liable: physical injuries.
1. Challengers, and 2. Mutilation
2. Instigators a. Intention to lop or clip off some part of the
body is present in mutilation.
There must be intention to have a formal duel (as
opposed to light threats under Art. 285, par. 2) Art. 263. Serious Physical Injuries
Chapter 2: Physical Injuries How committed:
1. Wounding;
Crimes Punishable: 2. Beating; or
1. Mutilation; 3. Assaulting
2. Serious physical injuries;
3. Administering injurious substance or Elements: (3)
beverages; 1. The offender has wounded, beaten, assaulted
4. Less serious physical injuries; and another;
5. Slight physical injuries and maltreatment. 2. The physical injuries inflicted shall have caused
the illness or incapacity for labor of the injured
Note: To be found guilty of violation of Articles 262 person for more than 30 days;
to 266, there must be a specific malicious intent to 3. There must be no intent to kill on the part of the
do wrong against the physical integrity or well- offender in inflicting the injury (Pilares Sr. vs.
being of a person, so as to incapacitate and People, GR No 165685)
deprive the victim of certain bodily functions.
(Villa v Manual Lorenzo Escalona II, et. al, GR No
178057 & 178080) – animus iniuriandi
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Serious Physical Injuries Are: b. Loss of teeth may be considered as

1. When the injured person becomes insane, an deformity;
imbecile, impotent or blind as a consequence of c. Injury must be that which cannot be
the physical injuries inflicted; repaired by the action of nature (REYES,
2. When the injured person – BOOK TWO, p. 586, citing People v. Balubar)
a. loses the use of speech or the power to 2. Loss of fingers may fall under paragraph 2 if it
hear or to smell, results in the loss of the use of the hand itself;
b. loses an eye, a hand, foot, arm or leg, or and
loses the use of any such member, or 3. Covers any member which is not a principal
c. becomes incapacitated for the work in member of the body.
which he had been habitually engaged;
3. When the injured person – Paragraph 4
a. becomes deformed, 1. Any kind of labor is included;
b. loses any other member of his body, 2. Hospitalization for more than 30 days may
c. loses the use thereof, or mean either illness or incapacity for labor for
d. becomes ill or incapacitated for the more than 30 days;
performance of the work in which he had 3. There must be evidence of the length of period
been habitually engaged in for more than of illness or incapacity when the category of the
90 days; or offense is serious physical injuries. The
4. When the injured person becomes ill or absence thereof makes the offense only slight
incapacitated for labor for more than 30 days physical injuries; and
(but not more than 90 days). 4. Lessening of efficiency in work is not incapacity.
Paragraph 1 Qualified Serious Physical Injuries

1. Impotence includes inability to copulate and 1. In relation to persons enumerated in parricide
sterility; no intent to deprive the person of such (Art. 246) and circumstances mentioned in
abilities, however (as opposed to castration); murder (Art. 248) – higher penalties will be
and inflicted.
2. Complete blindness (as opposed to paragraph 2. Does not include injuries caused by excessive
2 – loss of an eye only) chastisement of a parent upon his child
Paragraph 2 (mentions principal members of the Notes:

body) 1. It can be committed by reckless imprudence, or
1. Loss of power to hear of both ears (as opposed by simple imprudence or negligence.
to paragraph 3 – loss of one ear only); 2. There must be no intent to kill; otherwise, the
2. Loss of use of hand or incapacity for usual work crime would be frustrated/attempted murder,
must be permanent; this must be proven by parricide, or homicide.
clear and conclusive evidence; 3. Medical attendance is not determinative of
3. The offended party must have an avocation or serious physical injuries.
work at the time of the injury [also in paragraph 4. In case of physical injuries under the Revised
(3)]; Penal Code, there must be a specific animus
a. Work includes studies or preparation for a iniuriandi or malicious intention to do wrong
profession; and against the physical integrity or well-being of a
b. Incapacity is for a certain kind of work only, person so as to incapacitate and deprive the
but not for all victim of certain bodily functions. Without proof
beyond reasonable doubt of the required
Paragraph 3 animus iniuriandi, the overt act of inflicting
1. Deformity means physical ugliness, or physical injuries per se merely satisfies the
permanent and defining abnormality. It must be elements of freedom and intelligence in an
conspicuous and visible (i.e., depending on intentional felony. (Villareal v. People, G.R. No.
what part of the body); 151258)
a. If scar is usually covered, then it’s not
considered conspicuous or visible;
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Art. 264. Administering Injurious Substances or i. - Elements of slander by deed, when

Beverages only slight physical injuries result]
Any person who, without intent to kill, inflicts upon ii.
another any serious physical injury, by knowingly 2. A higher penalty, when the victim is either -
administering to him any injurious substances or a. The offender’s parents, ascendants,
beverages or by taking advantage of his guardians, curators or teachers; or
weakness of mind or credulity b. Persons of rank or persons in authority,
provided the crime is not direct assault
Elements:
1. That the offender inflicted upon another person Notes:
any Serious physical injury; 1. Medical attendance or incapacity for labor is
2. That it was done by Knowingly administering to required. There must be proof as to the period
him any injurious substances or beverages or of required medical attendance.
by taking advantage of his weakness of mind or 2. Even if there was no incapacity but the medical
credulity; and treatment was for more than 10 days - less
3. He had No intent to kill serious physical injuries
3. If injuries heal within 30 days - less serious
Notes: physical injuries;
1. Administering means introducing into the body.
if injuries heal only after 30 days - serious
2. If there is intent to kill, it is frustrated murder – physical injuries (as illness for more than 30
the injurious substance to be considered as days)
poison. 4. When there is no incapacity for labor or medical
3. Knowledge applies to the injurious nature of the attendance needed - slight physical injuries
substance or beverage.
4. “By taking advantage of his weakness of mind Art. 266. Slight Physical Injuries and
or credulity” may take place in the case of Maltreatment
witchcraft, philters, magnetism and the like.
Three (3) kinds:
Art. 265. Less Serious Physical Injuries 1. Physical injuries which incapacitated the
Any person who shall inflict upon another physical offended party for labor from one to nine (9)
injuries not described in the preceding articles, but days or required medical attendance during the
which shall incapacitate the offended party for same period;
labor for ten days or more, or shall require medical 2. Physical injuries which did not prevent the
attendance for the same period, shall be guilty of offended party from engaging in his habitual
less serious physical injuries work or which did not require medical
attendance (ex. black eye); and
Elements: (I-NP) (2)
3. Ill-treatment of another by deed without causing
1. That the offended party is Incapacitated for
any injury (ex. slapping the face without causing
labor or needs medical attendance for 10 days
dishonor)
or more (but not more than 30 days); and
2. That the physical injuries must Not be those
Notes:
described in the Preceding articles 1. Presumption
a. In the absence of proof as to the period of
Qualified Less Serious Physical Injuries
the offended party’s incapacity for labor or
1. Fine not exceeding ₱50,000, in addition to
of the required medical attendance, the
Arresto Mayor (Amended by RA 10951), when
crime committed is presumed as slight
a. There is a manifest intent to insult or offend
physical injuries.
the injured person, or
b. When there is no evidence to establish the
b. There are circumstances adding ignominy
gravity or duration of actual injury or to
to the offense
show the causal relationship to death, the
[a. and b. are considered as - offense is slight physical injuries.
- Ordinary aggravating circumstances 2. Supervening Event
in less serious physical injuries; and a. When the charge contained in the
information filed was for slight physical
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injuries because it was believed that the the victim; where resistance would be futile,
wound suffered would require medical offering none at all does not amount to
attendance for eight (8) days only, but consent.
during preliminary investigation it was b. Verbal refusal alone will not do; there must
found that the healing would require more be a physical struggle that’s manifest and
than thirty (30) days, this supervening tenacious. (People v. Lago, G.R. No.
event can still be the subject of amendment 121272)
of the information or of a new charge, c. The force need not be irresistible; force or
without placing the accused in double violence necessary is relative, depending
jeopardy .(People v. Manolong, 85 Phil. on the age, size, and strength of the parties
829) and their relation to each other.
d. It is not necessary that the force or
intimidation employed be so great or of
Chapter 3: Rape such character as could not be resisted; it
is only necessary that the force or
Art. 266-A. Rape; 266-B. Penalties intimidation be sufficient to consummate
the purpose which the accused had in
Rape By Sexual Intercourse (Under Para. 1):
mind.
Elements of Rape By Sexual Intercourse (M-C-A)
(3) e. Intimidation – enough that it produces fear
1. The offender is a Man – in general; in the victim; must be viewed in light of the
2. The offender had Carnal knowledge of a victim’s perception and judgment at the
woman; time of rape.
3. Such Act is accomplished (any one of the f. Moral ascendancy or influence has been
following) -: FIT-D-M-U (4) held to be a substitute for intimidation, in a
a. Through Force, Threat or Intimidation; long line of cases. [People v. Dichoson,
b. when the offended party is Deprived of G.R. No. 118986-89; People v. Bazona,
reason or otherwise unconscious; G.R. No. 133343-44; People v. Panique,
c. by means of fraudulent Machination or 316 SCRA 757; People v. Perez, 307
grave abuse of authority; or SCRA 276] In such a case, it is not
d. when the offended party is Under 12 years necessary that the victim put up a
of age (statutory rape) or is demented, even determined resistance.
though none of the circumstances g. The abuse of moral influence is the
mentioned above are present intimidation required in rape committed by
the common-law father of a minor. (People
Rape Through Sexual Assault (Under Para. 2) v. ZZZ, G.R. No. 229862)
Elements: (S-I-1) (3) h. The victim need not complain immediately
1. The offender (man or woman) commits an act or struggle to oppose the action of the
of Sexual assault; offender in a rape case, since, first, fear is
2. The act is committed by Inserting: recognized as a legitimate deterrent for
a. his penis into another person's mouth or struggling against, and that (second), since
anal orifice; or he was the common law father of the victim,
b. any instrument or object into the genital or he had moral ascendancy and abused his
anal orifice of another person; authority by doing such action. (People v.
3. The act is committed under any of the Gacusan, G.R. 207776)
circumstances mentioned under paragraph 1 i. Intimidation is addressed to the mind of the
(FIT-D-M-U) victim. It is subjective and its presence
cannot be tested by any hard-and-fast rule,
The four circumstances: but must be viewed in the light of the
1. Using force or intimidation; the degree sufficient victim’s perception and judgment at the
to overcome resistance: time of the crime. (People. v Mostrales, GR
a. According to People v. Las Piñas, Jr. (G.R. No 125937).
No. 133444), the test is whether 2. Offended party is deprived of reason or
reasonable fear is produced in the mind of otherwise unconscious:
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a. Deprivation need not be complete; Two stages of Rape by Sexual Intercourse:

b. Intercourse with a deaf-mute woman will (Rape does not admit of a frustrated stage)
only be considered rape if she’s also 1. Consummated
proven to be an imbecile. a. Penetration is necessary;
c. Not considered rape where consent is b. It is not essential that there be a complete
induced by the administration of penetration of the female organ; neither is
drugs/liquor, which incites the victim’s it essential that there be a rupture of the
passions and doesn’t deprive her of will hymen.
power (REYES, BOOK TWO, p. 586, citing c. It is enough that the labia majora be
State v. Lung) penetrated, even the slightest.
3. By means of fraudulent machination or grave d. The penis need not be erect; it is still
abuse of authority; and considered rape if the accused repeatedly
4. When the offended party is under 12 years of tried to insert the penis in the vagina, even
age or is demented, even though none of the if in vain.
other circumstances are present (Statutory 2. Attempted
rape). a. The offender has already performed overt
a. Consent and character (e.g. prostitute) of acts with the intention to have carnal
the offended party is immaterial. knowledge of the offended party, but
b. It is also called statutory rape as "it departs which was not consummated due to some
from the usual modes of committing rape." cause or accident other than his own
It is enough that the age of the victim is spontaneous desistance.
proven and that there was sexual b. There must be intent to have carnal
intercourse. (People v. Francica, G.R. No. knowledge of the woman against her will.
208625) c. There can be no frustrated rape because
c. It is immaterial that the prosecution failed to any penetration of the female organ is
allege in the information the exact date of sufficient.
the commission of the offenses. It is
sufficient that it was alleged that the victim Notes:
was under 12 years of age when the crime 1. Homicide committed “by reason of” (i.e., “in the
was committed. (People v Marciano course of” or “because of”) Rape is a special
Dollano, Jr., GR No 188851) complex crime.
d. The term “demented” refers to a person a. Rape must come before intent to kill or act
who has dementia, which is a condition of of killing.
deteriorated mentality, characterized by b. Does not apply when the intent to kill or
marked decline from the individual’s former killing act preceded the rape act (i.e., when
intellectual level and often by emotional victim was on the point of death when she
apathy, madness, or insanity. was ravaged).
e. The offender engaged in sexual intercourse c. Includes death of victim through sexually-
even though he knew fully well that the child transmitted disease (STD) given by the
was mentally ill and was deprived of accused who raped her (REYES, BOOK TWO,
reason. (People v. Corpuz, G.R. No. p.592)
208013) 2. Homicide committed "on the occasion of the
f. Conditions under Article 266-A should be rape" - killing that occurs immediately before or
construed in the light of one's capacity to after, or during the commission of the rape,
give consent. An intellectually disabled where the victim of the homicide may be a
person is not necessarily deprived of person other than the rape victim herself for as
reason or demented. The victim’s long as the killing is linked to the rape.
chronological age might be over 12 years 3. The elements of the special complex crime of
old but her mental age was proved to be rape with homicide are the following:
lower than 12-years-old. (People v. a. the appellant had carnal knowledge of a
Tayaban, G.R. No. 207666). woman;
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b. the carnal knowledge of a woman was wherein the accused would rest. From this
achieved by means of force, threat or set of facts, the accused was convicted of
intimidation; and three counts of rape as it can be inferred
c. by reason or on occasion of such carnal that the accused decided to commit those
knowledge by means of force, threat or separate and distinct acts of sexual assault.
intimidation, the appellant killed a woman. 9. Qualified rape has twin requisites—(1) the
(People v. ZZZ, G.R. No. 228828) victim's age of minority (under 18 years) and (2)
4. Character of the woman is immaterial. the relationship of the offender, both of which
5. Testimony of victim alone is enough for much be alleged in the information, regardless
conviction. if the relationship was proven during trial.
a. The victim was able to recount her (People v. Armodia, G.R. 210654)
experience in a straightforward, 10. Sweetheart defense is an affirmative defense
spontaneous, and believable manner, that must be supported by convincing proof.
regardless of her mental condition, as this Evidence such as a love letter, a memento, or
doesn’t determine whether her testimony is even a single photograph to substantiate the
credible or not. (People v. Quintos, G.R. claim that they had a romantic relationship
No. 199402). should be presented.
6. Fingers – count as "objects" under rape through 11. Each of the penetrations constitute separate
sexual assault and distinct acts of rape. However, in Aaron
7. Indemnity and Damages (2002), the Court convicted the accused for only
a. Awarding of Php50,000 as indemnity is one count of rape despite the three successful
mandatory upon finding of the fact of rape; penetrations because there was no indication
and that the accused decided to commit separate
b. Moral damages may be automatically and distinct acts of sexual assault other than his
awarded in rape cases without need of lustful desire to change positions inside the
proof. room where the crime was committed.
8. Multiple Rape 12. The act of cunnilingus or insertion of the tongue
a. Each offender is responsible not only for to the vagina of a woman is rape through sexual
the rape he personally committed, but also assault. (People v Bonaagua, GR No 188897)
for those committed by the others. 13. A medical examination of the victim is not an
b. Each and every rape alleged must be element of rape. (People v Rico Jamlan Salem,
proven. GR No 118946)
c. In the case of People v Aaron, the accused 14. In rape cases, impotence as a defense must be
inserted his penis into the victim's vagina; proven with certainty to overcome the
he then withdrew it and ordered the latter to presumption in favor of potence (People v. ZZZ,
lie down on the floor, and for the second G.R. No. 229209).
time, he inserted his penis into the victim’s 15. The absence of external signs or physical
vagina; thereafter, the accused injuries on the complainant’s body doesn’t
commanded the victim to lie near the necessarily negate the commission of the rape,
headboard and for the third time, he hymenal laceration not being, to repeat, an
inserted his penis into the victim’s vagina. element of the crime of rape. (People v. Buclao,
The accused was convicted for only one G.R. No. 208173) The foremost consideration
count of rape despite the three successful in the prosecution of rape is the victim's
penetrations because there is no indication testimony and not the findings of the medico-
that the accused decided to commit legal officer. (People v. Austria, G.R. No.
separate and distinct acts of sexual assault. 210568)
There was only a lustful desire to change 16. The Court previously held, in People v. Soria,
positions. that a victim need not identify what was inserted
d. In the case of People v Manolito Lucena y into his or her genital or anal orifice for the court
Velasquez, the accused succeeded in to find that rape through sexual assault was
inserting his penis into the victim's vagina. committed. (Ricalde v. People, G.R. No.
The three penetrations occurred one after 211002)
the other at an interval of five minutes
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Guiding Principles in the crime of Rape (People H. CRIMES AGAINST PERSONAL

v Ayade, GR No 188561): LIBERTY AND SECURITY
1. An accusation of rape can be made with facility;
while the accusation is difficult to prove, it is Chapter 1: Crimes against Liberty
even more difficult for the accused, though
innocent, to disprove. Section 1. Illegal Detention
2. Considering that, in the nature of things, only
two persons are usually involved in the crime of Article 267. Kidnapping and Serious Illegal
rape, the testimony of the complainant must be Detention
scrutinized with extreme caution. Any private individual who shall kidnap or detain
3. The evidence for the prosecution must stand or another, or in any other manner deprive him of his
fall on its own merits, and cannot be allowed to liberty
draw strength from the weakness of the
evidence for the defense. Elements: (P-K-I-F) (4)
1. That the offender is a Private individual;
Art. 266-C. Effect of Pardon. Effect of Marriage 2. That he Kidnaps or detains another, or in any
other manner deprives the latter of liberty;
Notes: 3. That the act of detention or kidnapping must be
1. Marriage extinguishes not only the penal action Illegal; and
but likewise the penalty imposed, and only as to 4. That in the commission of the offense, any of
the principal. Since rape has ceased to be a the following circumstances are present (3-S-S-
crime against chastity and is now a crime M)
against persons, it now appears that marriage a. The kidnapping/detention lasts for more
extinguishes that penal action and the penalty than 3 days, or
only as to the principal (i.e., husband) and not b. committed by Simulating public authority,
as to the accomplices and accessories. or
2. A man who penetrates his wife without her c. any Serious physical injuries are inflicted
consent or against her will commits sexual upon the person kidnapped or detained or
violence against her. xxx Besides, a husband threats to kill him are made, or
who feels aggrieved by his indifferent or d. the person kidnapped or detained is a
uninterested wife’s absolute refusal to engage Minor (except if parent is the offender),
in sexual intimacy may legally seek the court’s female or a public officer
intervention to declare her psychologically Note: If any of these are present, detention
incapacitated to fulfill an essential martial becomes serious and purpose of detention is
obligation. But he cannot and should not immaterial
demand sexual intimacy from her coercively or
Death is imposed in the following instances:
violently. (People v Jumawan, GR No 187495)
[but death penalty imposition is suspended]
1. if kidnapping is committed for the purpose of
Art. 266-D. Presumptions
extorting ransom either from the victim or from
Evidence which may be accepted any other person, even if none of the
1. Any physical overt act manifesting resistance aforementioned circumstances are present in
against the act of rape in any degree from the the commission of the offense; and
offended party 2. when the victim is killed or dies as a
2. Circumstances showing the offended party to consequence of the detention or is raped or is
be so situated as to render him/her incapable of subjected to torture or dehumanizing acts
giving consent.
Notes:
— end of topic — 1. For kidnapping to take place, it is not necessary
that the victim be placed in an enclosure;
neither is it necessary that the detention be
prolonged or permanent. The essence of
kidnapping is the actual deprivation of the
victim's liberty coupled with indubitable proof of
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the intent of the accused to effect such 11. When murder and not kidnapping –
deprivation. (People v. Obeso,G.R. No. a. When the victim is taken from one place to
152285) another solely for the purpose of killing him,
2. The victim’s lack of consent is also a the crime committed is murder.
fundamental element of kidnapping and serious b. If the primary and ultimate purpose is to kill,
illegal detention. The involuntariness of the and detention was only incidental.
seizure and detention is the very essence of the c. Specific intent is determinative of whether
crime. Although the victim may have inceptually the crime committed is murder or
consented to go with the offender to a place but kidnapping.
the victim is thereafter prevented, with the use 12. RA 7055, Sec. 1 provides that if the accused is
of force, from leaving the place where he was a member of the AFP and the crime involved is
brought to with his consent and is detained one punished under the RPC, civil courts shall
against his will, the offender is guilty of have the authority to hear, try, and decide the
kidnapping and serious illegal detention. case. Exception: courts-martial may assume
(People v. Pickrell G.R. No. 120409) jurisdiction if, before arraignment, the civil court
3. Actual demand for ransom is not necessary. determines that the offense is "service-
4. When detention is for purpose of extorting connected." (Osorio v. Navera, G.R. No.
ransom, it is not necessary that one or any of 223272 (Resolution), February 26, 2018)
the four circumstances enumerated in element 13. Although the crime of kidnapping can only be
(4) are present. committed by a private individual, the fact that
5. The elements of kidnapping for ransom were the accused is a public official does not
met in this case. automatically preclude the filing of an
a. The accused are private persons, information for kidnapping against him. A public
b. The person kidnapped is deprived of officer who detains a person for the purpose of
liberty, extorting ransom cannot be said to be acting in
c. That person was taken or detained against an official capacity. It is not, in fine, in relation to
his/her will, their office, but in purely private capacity.
d. such kidnapping was illegal or unlawful, (People v. Borja, G.R. No. 199710)
and
e. the kidnapping was done in consideration Illegal Detention and Arbitrary Detention,
of a ransom or a payment of release. Distinguished
(People v. Avancena, G.R. 200512) ILLEGAL ARBITRARY
6. Essential that there be actual confinement or DETENTION DETENTION
restriction of the person of the offended party Committed by a private Committed by a public
7. Detention is illegal when not ordered by individual who officer or employee
unlawfully kidnaps, who has a duty under
competent authority or not permitted by law.
detains or otherwise law to detain a person
8. Detention for more than 3 days not necessary deprives a person of but who detains the
when any of the other circumstances are liberty person without legal
present ground
9. Special complex crime of kidnapping with Crime is against Crime is against the
murder or homicide – where the person personal liberty and fundamental law of the
kidnapped is killed in the course of the security State
detention, regardless of whether the killing was
purposely sought or was merely an
However, if such public officer has no duty to detain
afterthought.
a person (e.g. sanitary inspector or clerk) and he
10. When a person died of natural causes (heart detains a person, he is liable for Illegal Detention.
attack) on the occasion of kidnapping, the
kidnappers are guilty of kidnapping with Art. 268. Slight Illegal Detention
homicide. (People v. Montanir, G.R. No. Any private individual who shall commit the crimes
187534) described in Article 267 without the attendance of
any of the circumstances enumerated therein
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Elements: (P-W-D-I) (4) Unlawful Arrest and Arbitrary Detention,

1. That the offender is a Private person; Distinguished
2. That he kidnaps or Detains another or in any UNLAWFUL ARBITRARY
other manner deprives the victim of liberty or he ARREST DETENTION
furnishes the place for the perpetuation of the Committed by any Committed by a public
detention; person officer or employee
3. That the act of detention or kidnapping must be who has a duty under
law to detain a person
Illegal; and
Arrest made for the Same purpose as for
4. That the crime is committed Without the
purpose of delivering unlawful arrest
attendance of any of the circumstances the latter to the proper
enumerated in Art. 267 authorities
Arrest is not authorized No legal ground for the
Privileged Mitigating Circumstance (Voluntary by law or there is no arrest
Release): If the offender: legal ground for the
1. voluntarily releases the person so kidnapped or arrest
detained within 3 days from the commencement
of the detention; X and Y were respectively Barangay Kagawad and
2. without having attained the purpose intended; Barangay Tanod. Spotting the members of
and Cooperative Z, X and Y thought a theft was being
3. before the institution of criminal proceedings committed. They further claim that one of the
against him members had a violent outburst, which prompted
them to take the members to the police station. The
Notes on voluntary release: members were subsequently released with the
1. The three requisites must concur. Chief of Police determining that X and Y had no legal
2. Must be shown by the offender that he was in a basis to make the arrest. X and Y are guilty of
position to prolong the detention for more than unlawful arrest. The act of conducting the
apprehended persons to the proper authorities
3 days and yet he released the person detained
takes the offense out of the crime of illegal
within that time detention. (Duropan v. People, G.R. No. 230825)
3. Voluntary release not considered privileged
mitigating if the victim is a woman (considered Section 2. Kidnapping of Minors
serious illegal detention)
Art. 270. Kidnapping and Failure to Return A
Art. 269. Unlawful Arrest Minor
Any person who, in any case other than those Any person who, being entrusted with the custody
authorized by law, or without reasonable ground of a minor person, shall deliberately fail to restore
therefor, shall arrest or detain another for the the latter to his parents or guardians
purpose of delivering him to the proper authorities
Elements: (E-D) (2)
Elements: (AD-A-N) (3) 1. That the offender is Entrusted with the custody
1. That the offender Arrests or Detains another of a minor person; and
person; 2. That he Deliberately fails to restore the said
2. That the purpose of the offender is to deliver minor to his parents
him to the proper Authorities; and
3. That the arrest or detention is Not authorized by Notes:
law or there is no reasonable ground therefor. 1. This may also be committed by the mother or
Notes: father of the child, but with a lower penalty.
1. Offender is any person. Either a public officer or 2. Essential element which qualifies the crime:
private individual may be liable. offender is entrusted with the custody of the
2. Public officer either: minor
a. has no authority to arrest or detain a person
or
b. has not acted in his official capacity
3. Arrest/ detention refers to warrantless arrests.
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Kidnapping & Failure to Return a minor and 2. That the purpose of the offender is to Enslave
Kidnapping & Serious Illegal Detention such human being.
(Art. 267), Distinguished
KIDNAPPING AND KIDNAPPING AND Qualifying circumstance – if the purpose is some
FAILURE TO SERIOUS ILLEGAL immoral traffic (ex. Prostitution); effect is to impose
RETURN A MINOR DETENTION the penalty in the maximum period.
Offender is entrusted Offender is not
with the custody of the entrusted with the Notes:
victim custody of the victim 1. The purpose must be to enslave the victim;
Offender punished for Offender punished for otherwise, it is kidnapping or illegal detention.
deliberately failing to outright taking 2. Slavery – providing services without
restore the minor to “custody” of/detaining remuneration whatsoever. (Reyes v. Alojado,
his/her the minor G.R. No. L-5671)
parents/guardian
Art. 273. Exploitation of Child Labor
Art. 271. Inducing a Minor to Abandon his Home Anyone who, under the pretext of reimbursing
Anyone who shall induce a minor to abandon the himself of a debt incurred by an ascendant,
home of his parents or guardians or the persons guardian or person entrusted with the custody of a
entrusted with his custody minor, shall, against the latter's will, retain him in
his service
Elements: (L-Ì) (2)
1. That the minor is Living in the home of his Elements: (R-A-P) (3)
parents or guardians or the person entrusted 1. That the offender Retains a minor in his service;
with his custody; and 2. That it is Against the will of the minor; and
2. That the offender Induces the minor to abandon 3. That it is under the Pretext of reimbursing
such home himself of a debt incurred by an ascendant,
guardian or person entrusted with the custody
Notes: of such minor
1. Inducement must be actual, committed with
criminal intent, and determined by a will to Note:
cause damage. Indebtedness is not a ground for detention.
2. The minor should not leave his home of his own
free will.
3. “To induce” is to influence, to prevail on, to Art. 274. Services Rendered Under Compulsion
move by persuasion, to incite by motives. in Payment of Debt
4. The minor need not actually abandon his home Any person who, in order to require or enforce the
or the home of the guardian. Mere commission payment of a debt, shall compel the debtor to work
of any act which tends to influence, persuade or for him, against his will, as household servant or
farm laborer
prevail on a minor to abandon his home is what
constitutes the crime.
Elements: (C-A-P) (3)
5. Mitigated if committed by the father or mother of 1. That the offender Compels a debtor to work for
the victim – applies to Arts. 270 and 271 him, either as household servant or farm
laborer;
Section 3. Slavery and Servitude
2. That it is Against the debtor’s will; and
Art. 272. Slavery 3. That the Purpose is to require or enforce the
payment of a debt.
Anyone who shall purchase, sell, kidnap or detain
a human being for the purpose of enslaving him,
including but not limited to purposes of assigning Note:
the offended party to some immoral traffic Debtor-Creditor relationship must exist; otherwise,
the crime committed is coercion.
Elements: (PSKD-E) (2)
1. That the offender Purchases, Sells, Kidnaps or
Detains a human being; and
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Services Rendered under compulsion in 3. The accused can Render assistance without
Payment of Debt and Exploitation of Child detriment to himself; and
Labor, Distinguished 4. The accused Fails to render assistance
SERVICES
RENDERED UNDER EXPLOITATION OF “By failing to help or render assistance to
COMPULSION IN CHILD LABOR another whom the offender has accidentally
PAYMENT OF DEBT wounded or injured”
Does not distinguish
whether the victim is a Victim is a minor Note:
minor or not This paragraph applies only when someone is
Minor is compelled to accidentally injured by the accused. If a person
render services to the intentionally stabs or shoots another who is
Debtor is compelled to wounded and does not render him assistance, that
offender for
work for offender person is not liable under this article but is liable for
reimbursement of debt
of parent/guardian the crime resulting from the stabbing or shooting.
Work limited to Service not limited to “By failing to deliver a child under seven years
household and farm household and farm of age whom [the offender] has found
work work abandoned, to the authorities or to his family, or
by failing to take him to a safe place”
Chapter 2: Crimes against Security Notes:

1. It is immaterial that the offender did not
Section 1. Abandonment of Helpless Persons know that the child is under seven years.
and Exploitation of Minors 2. The child under seven years of age must be
found by the accused in an unsafe place.
Art. 275. Abandonment of Person in Danger and 3. May be applied to a lost child
Abandonment of One’s Own Victim
Punishable Acts: Art. 276. Abandoning a Minor
1. Anyone who fails to render assistance to any Anyone who shall abandon a child under seven
person whom he (the offender) finds in an (7) years of age, the custody of which is
uninhabited place wounded or in danger of incumbent upon him
dying, when he can render such assistance
without detriment to himself, unless such Elements: (C-7-A-N) (4)
omission shall constitute a more serious 1. That the offender has the Custody of a child;
offense 2. That the child is Under 7 years of age;
2. Anyone who fails to help or render assistance 3. That he Abandons such child; and
to another whom he (the offender) has 4. That he has No intent to kill the child when the
accidentally wounded or injured latter is abandoned.
3. Anyone who fails to deliver a child under
seven years of age whom he (the offender) Notes:
has found abandoned, to the authorities or to 1. Abandonment must be conscious, deliberate,
his family or to take him to a safe place and permanent.
2. Parents guilty of abandoning their children shall
“By failing to render assistance to any person be deprived of parental authority.
whom the offender finds in an uninhabited place 3. Intent to kill cannot be presumed from the death
wounded or in danger of dying, when he can of the child. Such a presumption applies only to
render such assistance without detriment to crimes against persons, not to crimes against
himself, unless such omission shall constitute a security.
more serious offense”
Art. 277. Abandonment of Minor by Person
Elements: (N-W-R-F) (4) Entrusted with His Custody; Indifference of
1. That place is Not inhabited;
Parents
2. The accused found there a person Wounded or
Anyone who, having charge of the rearing or
in danger of dying;
education of a minor, shall deliver said minor to a
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public institution or other persons, without the Abandonment of Minor by person entrusted with
consent of the one who entrusted such child to custody and Abandonment of Minor (Art. 266),
his care or, in the absence of the latter, without Distinguished
the consent of the proper authorities ABANDONMENT OF
MINOR BY PERSON ABANDONMENT OF
Parents who shall neglect their children by not ENTRUSTED WITH MINOR (ART. 266)
giving them the education which their station in HIS CUSTODY
life requires and which their financial condition Custody of offender is
Custody is stated in
permits specific – for rearing or
general terms
education of minor
Punishable Acts/Elements: Minor here – under 18 Minor here – under 7
1. Delivering a minor to a public institution or years of age years of age
other persons without the consent of the Minor is abandoned in
one who entrusted such minor to the care of Minor is delivered to a
such a way as to
the offender or, in the absence of the public institution or
deprive him of care and
other person
entruster, without the consent of the proper protection
authorities
Article 278. Exploitation of Minors
Elements: (C-D-N) (3)
a. Offender has Charge of the rearing or Punishable Acts:
education of a minor (To rear means to 1. Anyone who causes any boy or girl under 16
bring to maturity by educating, nourishing, years of age to perform any dangerous feat of
etc.); balancing, physical strength or contortion;
b. He Delivers said minor to a public institution 2. Any acrobat, gymnast, rope-walker, diver, or
or other persons.; and wild- animal tamer or circus manager, or
c. The one who entrusted such child to the engaged in a similar calling who employs
offender has Not consented to such act; or children under 16 years of age who are not
if the one who entrusted such child to the his/her own children or descendants of the
offender is absent, the proper authorities offender in exhibitions of such kinds;
have not consented to it 3. Any acrobat, gymnast, rope-walker, diver, or
wild- animal tamer or circus manager, or
2. Neglecting one’s children by not giving engaged in a similar calling who employs any of
them education which the parent/s’ station his/her descendants under 12 years of age in
in life requires and financial condition such dangerous exhibitions;
permits 4. Any ascendant, guardian, teacher or person
entrusted in any capacity with the care of a child
Elements: (P-N-SF) (3) under 16 years of age who gratuitously delivers
a. That the offender is a Parent; such child to any person following any of the
b. That he/she Neglects his/her children by callings enumerated in paragraph 2 or to any
not giving them education; and habitual vagrant or beggar; and
c. That his/her Station in life requires such 5. Anyone who induces any child under 16 years
education and his/her Financial condition of age to abandon the home of its ascendants,
permits it guardians, curators or teachers to follow any
person engaged in any of the callings
Notes: mentioned in paragraph 2 or to accompany any
1. Old jurisprudence has held that the obligation to habitual vagrant or beggar
educate children terminates if the mother and
children refuse without good reason to live with Qualifying circumstance: If the delivery, in
the accused father. paragraph 4, shall have been made in consideration
2. Failure to give education must be due to of any price, compensation or promise, the guardian
deliberate desire to evade such obligation. or curator shall be deprived of parental authority or
guardianship.
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Note: 4. Implied prohibition is present in the following

The exploitation of the minor must be of such a situations: felony is committed late at night
nature as to endanger his life or safety. when everyone is asleep, or entrance is made
through a window
Exploitation of Minors and Inducing Minor to 5. Prohibition must exist prior to or at the time of
Abandon His Home (Art. 271), Distinguished
entrance.
INDUCING MINOR
EXPLOITATION OF 6. Prohibition is not necessary when violence or
TO ABANDON HIS
MINORS intimidation is employed by the offender.
HOME
Purpose of inducing 7. Violence or intimidation may take place
the minor to abandon immediately after the entrance.
the home is to follow 8. When there is no overt act of a crime intended
any person engaged in to be committed by means of the entry (ex.
any of the callings No such purpose robbery), the crime is only trespass to dwelling.
mentioned or to 9. Trespass may be committed even by the owner
accompany any of the dwelling against the actual occupant
habitual vagrant or thereof.
beggar
10. If the offender is a public officer, the crime
Minor is under 16 years
committed is violation of domicile under Art.
of age (or under 12 Victim is a minor under
years of age, in the 18 years of age 128.
case of paragraph 3)
Not applicable:
Art. 279. Additional Penalties for Other Offenses 1. Where the entrance is for the purpose of
preventing harm to himself, the occupants or a
The offender is liable not only for the
abandonment or exploitation but also for all its third person
consequences. If as a result, physical injuries or 2. Where the purpose is to render some service to
death resulted, another crime is committed by humanity or justice
authority of Art 279. 3. When the accused entered the dwelling through
the window, he had no intent to kill any person
Section 2. Trespass to Dwelling inside. His intention to kill came to his mind
when he was being arrested by the occupants
Art. 280. Qualified Trespass to Dwelling thereof. Hence, the crime of trespass to
Any private individual who enters the dwelling of dwelling is a separate and distinct offense from
another against the latter’s will, whether or not the frustrated homicide.
entry was attended by violence or intimidation 4. Where a person enters establishments which
cater to/serve the public while still open for such
Elements: (P-E-A) (3) patronage.
1. That the offender is a Private person;
5. If a public officer or an authorized person is
2. That he Enters the dwelling of another; and
conducting a valid arrest or a valid search and
3. That such entrance is Against the latter’s will.
seizure. (Rules on Criminal Procedure, Rule
113)
Qualifying circumstance: where the offense is
committed by means of violence or intimidation
Art. 281. Other Forms of Trespass
Notes: Any person who shall enter the closed premises
1. There must be an opposition on the part of the or the fenced estate of another, while either or
owner of the house to the entry of the accused. both of them are uninhabited, if the prohibition to
Mere absence of his consent or permission is enter be manifest and the trespasser has not
not enough. secured the permission of the owner or the
caretaker thereof
2. Dwelling: any building or structure exclusively
devoted for rest and comfort; depends upon
Elements: (NUPE) (4)
use; may be just a room.
1. That the offender Enters the closed premises or
3. Prohibition may be express or implied,
the fenced estate of another (Premises –
depending on the circumstances.
signifies a distinct and definite locality which is
fixed);
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2. That the entrance is made while either of them d. The offender Attains his purpose.
is Uninhabited;
3. That the Prohibition to enter be manifest; and 2. By making such threat without the offender
4. That the trespasser has Not secured the attaining his purpose; and
permission of the owner or the caretaker 3. By threatening another with the infliction, upon
thereof. his person, honor or property or that of his
family, of any wrong amounting to a crime, the
Other Forms of Trespass and Qualified Trespass threat not being subject to a condition
to Dwelling, Distinguished
QUALIFIED Elements: (T-W-N) (3)
OTHER FORMS OF
TRESPASS TO a. The offender Threatens another person
TRESPASS
DWELLING with the infliction, upon the latter’s person,
Offender is a private honor or property, or upon that of the
Offender is any person latter’s family, of any wrong;
person
b. The Wrong amounts to a crime; and
Offender enters closed c. The threat is Not subject to a condition.
Offender enters a
premises or a fenced
dwelling
estate
Notes:
The place entered is The place entered is 1. Threat must not be made in heat of anger,
uninhabited inhabited
because such threat would be punished as
Act entailed is entering
“Other Light Threats”.
into closed
Act entailed is entering 2. Grave threats may be committed by indirect
premises/fenced
the dwelling against challenge to a gun fight, even if complainant
estates without
the will of owner was absent when challenge was made. It is
permission of the
owner/caretaker sufficient that threats came to knowledge of
Prohibition from offended party.
Prohibition must be
entering may be 3. Threats made in connection with the
manifest
express or implied commission of other crimes are absorbed by the
latter.
Section 3. Threats and Coercion 4. The offender in grave threats does not demand
the delivery on the spot of the money or other
Art. 282. Grave Threats
personal property asked by him. Otherwise,
Any person who shall threaten another with the that’s robbery by intimidation.
infliction, upon the person, honor or property of 5. Essential that there be intimidation: that there’s
the latter or of his family, of any wrong amounting a promise of some future harm or injury
to a crime 6. Act threatened to be done must be wrong
Punishable Acts: Art. 283. Light Threats

1. By threatening another with the infliction, upon The wrong threatened does not amount to a
his person, honor or property or that of his crime.
family, of any wrong amounting to a crime and
demanding money or imposing any other Elements: (DANT) (4)
condition, even though not unlawful, and the 1. That the offender Threatens another person
offender attained his purpose. with the infliction of a wrong;
2. That the wrong does Not constitute a crime;
Elements: (T-W-D-A) (4) 3. That there is a Demand for money or any other
a. The offender Threatens another person condition is imposed, even though not unlawful;
with the infliction, upon the latter’s person, and
honor or property, or upon that of the 4. That the offender has either Attained or not
latter’s family, of any wrong; attained his purpose.
b. The Wrong amounts to a crime;
c. There is Demand for money or any other Notes:
condition is imposed, even if not unlawful; 1. In light threats, the wrong threatened does not
and amount to a crime.
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2. Required that there be a demand of money or 4. Where threats are directed to a person who is
that other condition be imposed. absent and uttered in a temporary fit of anger,
3. Blackmailing may be punished under this the offense is only light threats.
provision.
Art. 286. Grave Coercions
Art. 284. Bond for Good Behavior Any person who, without any authority of law,
In all cases falling within Articles 283 and 284, the shall, by means of violence, threats, or
person making the threats may also be required intimidation, prevent another from doing
to give bail not to molest the person threatened, something not prohibited by law, or compel him
or if he shall fail to give such bail, he shall be to do something against his will, whether it be
sentenced to destierro. right or wrong
The person making the threats under the Articles Two ways of committing Grave Coercion
283 and 284 (grave and light threats) may also be 1. By preventing another, by means of violence,
required by the court to give bail conditioned upon threats or intimidation, from doing something
the promise not to molest the person threatened. not prohibited by law; and
2. By compelling another, by means of violence,
Bond for Good Behavior and Bond to Keep the threats or intimidation, to do something against
Peace (Art. 35), Distinguished his will, whether it be right or wrong
BOND FOR GOOD BOND TO KEEP THE
BEHAVIOR PEACE Elements:
Only for grave threats Application not to 1. That a person
and light threats particular cases only a. Prevented another from doing something
An additional penalty A distinct penalty not prohibited by law, or
If offender fails to give b. Compelled another to do something
the bond, he shall be against his will, be it right or wrong;
detained for a period 2. That the prevention or compulsion is effected by
If offender fails to give not exceeding 6 Violence, Threats, or Intimidation; and
bail, he shall be months if prosecuted 3. That it is committed Without authority of law or
sentenced to destierro. for a grave or a less not in the exercise of any lawful right.
grave felony or for 30
days if prosecuted for a When preventing is not considered Coercion but
light felony. is covered by some other provision:
1. When a public officer prevents the ceremonies
Art. 285. Other Light Threats of a religious group under Art. 132;
2. When a person prevents the meeting of a
Punishable Acts: legislative assembly under Art. 143; and
1. By threatening another with a weapon (even if
3. When a person prevents a member of Congress
there is no quarrel), or by drawing a weapon in
from attending meetings, expressing his
a quarrel, unless it be in lawful self-defense;
opinions, or casting his vote through the use of
2. By orally threatening another, in the heat of
force or intimidation, under Art. 145
anger, with some harm constituting a crime,
without persisting in the idea involved in the When compelling is not Coercion but is covered
threat; and by some other provision:
3. By orally threatening another with harm not 1. When a public officer compels a person to
constituting a felony change his residence, under Art. 127; and
2. When a person kidnaps his debtor to compel
Notes: him to pay, under Art. 267.
1. No demand for money or condition is involved
2. Threat is not deliberate
Notes:
3. That which is ordinarily a grave threat may be 1. The thing prevented from execution must not be
considered under this article if made in the heat prohibited by law. Otherwise, there will be no
of anger. coercion.
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2. The owner of a thing has no right to prevent irritation, torment, distress, or disturbance to the
interference when such interference is mind of the person to whom it is directed.
necessary to avert greater damage.
3. Coercion is consummated even if the offended Unjust Vexation and Grave Coercion,
party did not accede to the purpose of the Distinguished
coercion. UNJUST GRAVE
VEXATION COERCION
Grave Coercion and Illegal Detention, Act of preventing by Act of preventing by
Distinguished force was already done force was made at the
GRAVE ILLEGAL when the violence was time the offended party
COERCION DETENTION exerted was doing or about to
Intent to deprive the Intent to deprive liberty do the act prevented
offended party of his present
liberty is not clear
Art. 288. Other Similar Coercions (Compulsory
Grave Coercion and Maltreatment of Prisoners, Purchase of Merchandise and Payment of
Distinguished Wages By Means of Tokens)
GRAVE COERCION MALTREATMENT OF Any person, agent or officer of any association or
PRISIONERS corporation who shall force or compel, directly or
If the offended party is If the offended party is indirectly, or shall knowingly permit any laborer or
not a prisoner, a prisoner, extracting employee employed by him or by such firm or
extracting information, information, using corporation to be forced or compelled, to
using force or force or intimidation is purchase merchandise or commodities of any
intimidation is coercion maltreatment kind
Art. 287. Light Coercions Any person who shall pay the wages due a
Any person who, by means of violence, shall laborer or employee employed by him, by means
seize anything belonging to his debtor for the of tokens or objects other than the legal tender
purpose of applying the same to the payment of currency of the Philippines, unless expressly
the debt requested by the laborer or employee.
Light Coercion (Par. 1) Punishable Acts:

Elements: (C-S-V-P) (4) 1. By forcing or compelling, directly or indirectly, or
a. That the offender must be a Creditor of the knowingly permitting the forcing or compelling
offended party; of the laborer or employee of the offender to
b. That he Seizes anything belonging to his purchase merchandise or commodities of any
debtor; kind from him
c. That the seizure of the thing be accomplished
by means of Violence or a display of material Elements: (A-E-FP) (3)
force producing intimidation; and a. That the offender is Any person, agent or
d. That the purpose of the offender is to apply the officer of any association or corporation;
same to the Payment of the debt. b. That he or such firm or corporation has
Employed laborers or employees; and
Unjust Vexation (Par. 2) c. That he Forces or compels, directly or
1. Any other coercion or unjust vexation indirectly, or knowingly permits to be forced
2. Any human conduct which, although not or compelled, any of his or its laborers or
productive of some physical or material harm employees to Purchase merchandise or
would, however, unjustly annoy or vex an commodities of any kind from him or from
innocent person. said firm or corporation
3. Light coercion under the 1st paragraph of this 2. By paying the wages due his laborer or
article will only be unjust vexation if the 3rd employee by means of tokens or objects other
element (employing violence or intimidation) is than the legal tender currency of the
absent. Philippines, unless expressly requested by
4. The paramount question to be considered is such laborer or employee
whether the offender’s act caused annoyance,
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Elements: (PON) (3) Chapter 3: Discovery and Revelation of Secrets

a. That the offender Pays the wages due a
laborer or employee employed by him by Art. 290. Discovering Secrets through Seizure of
means of tokens or objects; Correspondence
b. That those tokens or objects are Other than Any private individual who, in order to discover
the legal tender currency of the Philippines; secrets of another, seizes his papers or letters,
and and reveals the contents thereof
c. That such employee or laborer does Not
expressly request that he be paid by means Elements: (PIPS) (4)
of tokens or objects 1. That the offender is a Private individual or even
a public officer who is not exercising official
Note: functions;
Inducing an employee to give up any part of his 2. That he Seizes the papers or letters of another;
wages by force, stealth, intimidation, threat or by 3. That the Purpose of the seizure is to discover
any other means is unlawful under the Labor Code, the secrets of such other person; and
not under the RPC. 4. The offender is Informed of the contents of the
papers or letters seized
Art. 289. Formation, Maintenance, and
Prohibition of Combination of Capital or Labor Notes:
through Violence or Threats 1. Seize - to place a thing in the control of
Any person who, for the purpose of organizing, someone or to give him the possession thereof;
maintaining or preventing coalitions of capital or it is not necessary that in the act, there be force
labor, strike of laborers or lock-out of employers, or violence
shall employ violence or threats in such a degree 2. This article is not applicable to parents with
as to compel or force the laborers or employees respect to their minor children or to spouses
in the free and legal exercise of their industry or
with respect to the papers or letters of either of
work, if the act shall not constitute a more serious
offense in accordance with the provisions of the them.
RPC 3. Contents of the correspondence need not be
secret. The purpose of the offender prevails.
Elements: (PEN) (3) 4. Qualifying circumstance: when the offender
1. That the offender Employs violence or threats, reveals the contents of such papers or letters to
in such a degree as to compel or force the a third person
laborers or employers in the free and legal 5. This article does not require that the offended
exercise of their industry or work; party be prejudiced.
2. That the Purpose is to organize, maintain or
prevent coalitions of capital or labor, strike of Discovering Secrets and Revealing secrets of
laborers, or lockout of employees; and private individual (Art. 230), Distinguished
3. The act shall Not constitute a more serious DISCOVERING REVEALING
SECRETS THROUGH SECRETS OF
offense under the RPC
SEIZURE OF PRIVATE
CORRESPONDENCE INDIVIDUAL
Notes:
Private individual Public officer comes to
1. Peaceful picketing is not prohibited, but it must
seizes the papers or know of secret of any
be confined strictly and in good faith to gaining letters of another to private individual by
information and to peaceful persuasion and discover the latter’s reason of his office
argument. secrets
2. But employing violence or making threats by
Not necessary that There is a secret which
picketers may make them liable for coercion
there actually be a has come to be known
secret in the papers or
letters seized
If there was, not Reveals secret without
necessary to reveal the justifiable means
secret
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Art. 291. Revealing Secrets with Abuse of Office I. CRIMES AGAINST PROPERTY
Any manager, employee, or servant who, in such
capacity, shall learn the secrets of his principal or Chapter 1: Robbery in General
master and shall reveal such secrets
Robbery is the taking of personal property
Elements: (M-L-R) (3) belonging to another, with intent to gain, by means
1. That the offender is a Manager, employee or of violence against, or intimidation of any person, or
servant; using force upon anything.
2. That he Learns the secrets of his principal or
master in such capacity; and Taking, as an element of robbery, means depriving
the offended party of ownership of the thing taken
3. That he Reveals such secrets
with the character of permanency. The taking should
not be under a claim of ownership. Thus, one who
Notes: takes the property openly and avowedly under claim
1. Damage is not required by this article. of title offered in good faith is not guilty of robbery
2. Secret must be learned by reason of the even though the claim of ownership is untenable.
offender’s employment (Sy v. Gutierrez, G.R. No. 171579)
Art. 292. Revelation of Industrial Secrets Article 293. Who Are Guilty Of Robbery
A person in charge, employee or workman of any Any person who, with intent to gain, shall take
manufacturing or industrial establishment who, to any personal property belonging to another, by
the prejudice of the owner thereof, shall reveal means of violence or intimidation of any person,
the secrets of the industry of the latter or using force upon anything
Elements (POPS) (4) Elements: (P-U-I-VF) (4)

1. That the offender is a Person in charge, 1. There must be Personal property belonging to
employee or workman of a manufacturing or another;
industrial establishment; 2. Unlawful taking of that property;
2. That the manufacturing or industrial 3. Taking was with Intent to gain (animus
establishment has a Secret of the industry lucrandi); and
which the offender has learned; 4. There is (a) Violence against or intimidation of
3. That the Offender reveals such secrets; and person, or (b) Force upon anything.
4. That Prejudice is caused to the owner.
Distinctions between effects of employment of
Notes: Violence or Intimidation and Use of Force upon
1. Prejudice is an essential element of this things
offense. VIOLENCE OR
FORCE UPON
2. The revelation of the secret might be made after INTIMIDATION OF
THINGS
the employee or workman had ceased to be PERSONS
connected with the establishment. WHEN DETERMINATIVE OF ROBBERY
Whenever violence Robbery is
— end of topic — against or intimidation appreciated only when
of any person is force is used to either:
present, Robbery is 1. enter the building,
always appreciated or
2. to break doors,
wardrobes,
chests, or any
other kind of
locked or sealed
furniture or
receptacles inside
the building, or to
force them open
outside after
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taking the same Section 1 – Robbery with Violence against or

from the building Intimidation of Persons
BASIS OF PENALTY
Result of the violence When committed in an Art 294. Robbery with Violence against or
used, and the inhabited house, Intimidation of Persons
existence of public building, or
intimidation edifice devoted to Punishable Acts:
religious worship, 1. By reason or on occasion of the robbery,
Value of personal based on: homicide is committed;
property is immaterial 1. value of the 2. Rape or intentional mutilation or arson
property taken, accompany the commission of robbery;
and 3. By reason or on occasion of the robbery, any of
2. whether or not the physical injuries resulting in insanity,
offenders carry imbecility, impotency, or blindness is inflicted
arms; (Art. 263, par. 1); or serious physical injuries
resulting in the loss of the use of speech, or the
When committed in an power to hear or to smell, or the loss of an eye,
uninhabited building, hand, foot, arm, leg, or the loss of the use of any
based on: such member or incapacity for work in which
1. Value of the victim is habitually engaged is inflicted by the
property taken robber on someone (Art. 263, par. 2);
4. If the violence or intimidation which
Notes: accompanies the robbery is carried out to a
1. Unlawful taking is complete when: degree clearly unnecessary for the commission
a. With violence/intimidation: property must at of the crime;
least be in the possession of the offender; 5. In the course of executing the robbery, any of
and the physical injuries resulting to deformity, loss
b. With force: property must be taken out of of any part of the body or the use thereof, or
the building (REYES, BOOK TWO, p. 684, illness or incapacity for the performance of the
citing People v, Del Rosario, C.A. 46. O.G. work habitually engaged in for > 90 days or
4332) becomes ill or incapacitated for labor for > 30
2. Intent to gain is presumed from unlawful taking days (Art. 263, para. 3 and 4) is inflicted by the
and must concur with “personal property robber on someone; or
belonging to another”. 6. The offender does not, during the robbery,
3. When violence/intimidation must take place: cause any serious physical injuries defined in
a. General Rule: before taking is complete; Art. 263, or if the offender employs only
b. Exception: when violence results in intimidation.
(1) homicide, (2) rape, (3) intentional
mutilation, or (4) any of the serious physical Notes:
injuries under Art. 263, par. 1 and 2; 1. The crime as described in punishable acts 1, 2,
Robbery will be deemed specially 3, and 5 are special complex crimes.
complexed with any of those crimes, even 2. “On the occasion” and “by reason” of the
if the taking was already complete when the robbery mean “in the course” or “because of”
violence was used by the offender. robbery, respectively.
4. The taking need not immediately precede the 3. Robbery and homicide are separate offenses
intimidation. when the homicide was not committed “on the
5. Prohibited articles may be the subject matter of occasion” or “by reason” of the robbery.
robbery.
Paragraph 1: Robbery with Homicide
Elements:
1. Taking of personal property with the use of
violence or intimidation against persons
2. Personal property thus taken belongs to
another.
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3. The taking is characterized by intent to gain or homicide, there is an issue on the basis of
animus lucrandi. such an accessory’s penalty.
4. On the occasion of the robbery or by reason
thereof, the crime of homicide was committed. Distinguished from Highway Robbery
1. Conviction for highway robbery requires proof
Homicide is understood in its generic sense (i.e., that several accused were organized for the
including parricide and murder) purpose of committing it indiscriminately.
1. Homicide may precede or may occur after 2. When homicide is not proved, the crime is only
robbery. Homicide need not also be committed robbery, and vice versa.
in the same place where the robbery is
committed. Paragraph 2: Robbery with Rape
2. The offender's original intent must be the Elements (People v. Salen, Jr. y Sena, G.R. No.
commission of robbery. The killing is merely 231013):
incidental and subsidiary. (People v. Palema, a. The taking of personal property is committed
G.R. No. 228000) with violence or intimidation against persons;
3. “Any person” may be killed; the killing of a co- b. The property taken belongs to another;
robber is still covered. c. The taking is characterized by intent to gain or
4. In the special complex crime of robbery with animus lucrandi; and
homicide, homicide is committed in order: d. The robbery is accompanied by rape.
a. to facilitate the robbery or the escape of the
culprit; Notes:
1. It important to determine the primary objective
b. to preserve the possession by the culprit of
or intent of the accused.
the loot;
2. Having the intent to gain from taking personal
c. to prevent discovery of the commission of
property of another must precede the rape.
the robbery; or
3. Rape is committed on the occasion of the
d. to eliminate witnesses to the commission of
robbery, even if committed in another place
the crime. (People v. Chavez y Bitancor,
within the house.
G.R. No. 207950)
4. When rape and homicide co-exist in the
Participation and Liability commission of robbery, rape is considered as
1. Principals – All who participated as principals in an aggravating circumstance only to Robbery
the robbery are principals in robbery with with Homicide.
homicide although they did not actually take 5. There is no complex crime of Robbery with
part in the killing, unless it clearly appears they Attempted Rape.
endeavored to prevent the same. (People v. 6. Additional rapes committed on the same
Carrozo, 342 SCRA 600; People v. Hernandez, occasion of robbery will not increase the
G.R. No. 139697) penalty.
2. Accessory – necessity of knowledge 7. For the crime of Robbery with Rape, the law
a. There is an issue regarding the penalty does not distinguish whether the rape was
imposable against an accessory without committed before, during, or after the robbery,
knowledge of the killing committed during but only that it punishes robbery that was
robbery. Jurisprudence [People v. Doble, accompanied by rape.
114 SCRA 131; People v. Adriano y
Sanguesa, 95 SCRA 107] provides that Paragraph 4: Robbery with Unnecessary
Violence and Intimidation
such an accessory could not have
1. There are two situations comprehended:
prevented the same, hence, should be an
a. When the violence or intimidation is carried
accessory only to the crime of simple
out to a degree clearly unnecessary to
robbery; Art. 53 of the RPC provides that
accomplish the robbery, or
the penalty for an accessory is the penalty
b. When physical injuries covered by sub. 3
lower by two degrees than that prescribed
and 4 of Art. 263 were inflicted upon any
by law for the consummated felony. Since
person not responsible for the commission
robbery cannot be disaggregated from the
of robbery
special complex crime of robbery with
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2. Violence or intimidation in the first situation voluntary nor mutual

need not be present before or at the exact parting with the money
moment when the object is taken.
3. The violence or intimidation may be committed Art. 295. Robbery with Physical Injuries,
at any time before the owner is finally deprived Committed in an Uninhabited Place and by a
of his property. Band, or with the Use of Firearm on a Street,
Road or Alley (Qualified Robbery)
Paragraph 5: Robbery with Violence or
Intimidation in Other Cases Instances Qualifying Robbery with Violence
1. Acts done, either by their own nature or by against or Intimidation of Persons
reason of the circumstances under which they Robbery committed:
1. in an uninhabited place, or
are executed, must inspire fear in the person
2. by a band, or
against whom they are directed.
3. by attacking a moving train, street car, motor
a. It must be objective fright (due to some
vehicle or airship, or
act on the part of the accused), and not
4. by entering the passenger’s compartments in a
subjective fright (fear arising from the mere
train, or in any manner taking the passengers
temperamental timidity of the offended
thereof by surprise in the respective
party) ), which is produced.
conveyances, or
5. on a street, road, highway or alley and the
Robbery through Intimidation and Threats to
extort money, Distinguished intimidation is made with the use of firearms,
ROBBERY whether licensed or unlicensed.
THREATS TO
THROUGH
EXTORT MONEY Notes:
INTIMIDATION
Actual and immediate Conditional or future 1. This article does not apply to the special
intimidation intimidation complex crimes of Robbery with Homicide, with
Intimidation may be Rape, or with Serious Physical Injuries under
Intimidation is personal through an paragraph 1 of Art. 263.
intermediary 2. Any of the qualifying circumstances must be
Intimidation may refer alleged in the information and proved during
Intimidation is directed
to person, honor or trial. They cannot be offset by generic mitigating
only to the offended
property of the circumstances.
party
offended party
Gain is immediate Gain is not immediate Art. 296. Definition of a Band and Penalty
Incurred by Members Thereof
When more than three armed malefactors take
Robbery with Violence and Grave Coercion, part in the commission of a robbery, it shall be
Distinguished deemed to have been committed by a band.
ROBBERY WITH GRAVE
VIOLENCE COERCION Robbery is Deemed Committed by a Band when at
VIOLENCE IS USED least 4 armed malefactors take part.
Intent to gain No intent to gain
Requisites for liability for the acts of the other
Robbery and Bribery, Distinguished members of the band: (M-P-A-N) (4)
ROBBERY BRIBERY 1. That the accused was a Member of the band;
The owner of the 2. That he was Present at the commission of a
The owner of the
property did not commit robbery by that band;
property has
a crime but is 3. That the other members of the band committed
committed a crime and
intimidated by the an Assault; and
gives money as way to
offender so as to 4. That he did Not attempt to prevent the assault
avoid arrest or
deprive him of his
prosecution
property
Notes:
Victim is deprived of Giving of money by 1. If robbery and assault were committed by a
money thru force or victim is in a sense
band, even if the members conspired to commit
intimidation; neither voluntary
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robbery only, all the participants are commission of attempted or frustrated robbery,
nonetheless liable for both acts; unless: they are treated as separate crimes of
a. The accused prevented or attempted to Attempted or Frustrated robbery and Physical
prevent the assault (Amparo v. People, Injuries.
G.R. No. 204990); or 3. If both killing and physical injuries were
b. The accused is a principal by inducement committed on the occasion of the robbery, the
only as to the commission of robbery, crime shall be penalized in accordance with Art.
unless he eventually ordered the assault 297 but the physical injuries will be absorbed.
(or the commission of other crimes, for that
matter) Art 298. Execution of Deeds By Means of
2. Proof of conspiracy is not necessary when four Violence or Intimidation
or more armed persons committed robbery. Any person who, with intent to defraud another,
3. If rape was committed by one member of the by means of violence or intimidation, shall compel
band without the knowledge of the others, he him to sign, execute or deliver any public
alone is guilty of Robbery with Rape. instrument or document
Art 297. Attempted and Frustrated Robbery Elements: (I-C-VI) (3)

Committed Under Certain Circumstances 1. That the offender has Intent to defraud another;
2. That the offender Compels him to sign, execute,
Attempted or Frustrated Robbery with Homicide or deliver any public instrument or document;
1. This is a special complex crime. and
a. The term “homicide” is used in its generic 3. That the compulsion is by means of Violence or
sense. It includes any unlawful killing. Intimidation
b. There must be overt acts pointing to
robbery. Notes:
1. This article is not applicable if the document is
“Unless the homicide committed should void.
deserve a higher penalty” 2. “Public” describes only “instrument”; hence, this
When homicide is committed with a qualifying article also applies to private or commercial
circumstance, then a higher penalty shall be documents
imposed (e.g., for murder or parricide).
Section 2 – Robbery by the Use of Force upon
Distinctions (People v. Villanueva, C.A.- G.R. No. Things
2676):
1. Art 294 applies if the offense committed is Two (2) instances:
consummated robbery with homicide. 1. Robbery which occurs in:
2. Art 297 applies if the offense committed is a. An inhabited house or public building or
attempted or frustrated robbery with homicide. edifice devoted to religious worship (Art.
3. Art 48 applies if the offense committed is 299), or
attempted or frustrated robbery with only b. An uninhabited place or in a private building
serious physical injuries being also inflicted, (Art. 302); and
provided serious physical injuries must be 2. If the offender did not enter the premises
employed as the necessary means of through any of the means mentioned in Art.
committing the robbery. 299(a) but broke a wardrobe, chest, or any
other kind of locked or closed or sealed furniture
If only physical injuries were inflicted on the or receptacle in the house or building, or he took
victim, but no intent to kill was proven and the it away to be broken or forced open outside, and
victim did not die, the liability of the offender took contents thereof.
may be as follows:
1. If physical injuries were inflicted as a means for Art 299. Robbery in an Inhabited House or Public
the commission of Attempted or Frustrated Building or Edifice Devoted To Worship
Robbery, the injuries are absorbed. The crime
Any armed person who shall commit robbery in
shall only be attempted or frustrated robbery. an inhabited house or public building or edifice
2. If physical injuries were inflicted on the occasion devoted to religious worship
of the robbery but not as a means for the
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Article 299, subdivision (a) elements: Art. 299, subdivision (b) elements:
1. That the offender entered 1. That the offender is inside a dwelling house,
a. an inhabited house, or public building, or edifice devoted to religious
b. public building, or worship, regardless of the circumstances under
c. edifice devoted to religious worship; which he entered it; and
2. That the entrance was effected by any of the 2. That the offender takes personal property
following means: belonging to another with intent to gain, under
a. Through an opening not intended for any of the following circumstances:
entrance or egress; a. by the breaking of doors, wardrobes,
b. By breaking any wall, roof, or floor or chests, or any other kind of locked or
breaking any door or window; sealed furniture or receptacle, or
c. By using false keys, picklocks or similar b. by taking such furniture or objects away to
tools; or be broken or forced open outside the place
d. By using any fictitious name or pretending of the robbery
the exercise of public authority; and
3. That once inside the building, the offender took Notes:
personal property belonging to another with 1. While the offender should have necessarily
intent to gain entered the house/building/edifice, such
entrance need not have been by any of the
Definitions means mentioned in Art. 299, subdivision (a).
1. An Inhabited house is any shelter, ship or 2. “Doors” refer only to “doors, lids, or opening
vessel constituting the dwelling of one or more sheets” of furniture or other portable
persons, even if inhabitants are not present. receptacles – not to inside doors of a house or
2. A Public building is every building owned by the building.
Government or belonging to a private person 3. When a sealed box is taken out for the purpose
but used or rented by the Government, although of breaking it, the crime is already
temporarily unoccupied by the same. consummated robbery. There is no need to
actually open it inside the building from where it
Notes: was taken.
1. There must be intention to take personal a. If custody of the box is confided to the
property in entering the building. accused and he takes the money contained
2. The offender must wholly enter the building in therein, the crime is estafa.
which the robbery was committed (i.e., whole b. If the box was found outside of the building
body of the culprit must be inside the building). and the accused forced it open, the crime
3. False keys are genuine keys stolen from the is theft.
owner or any keys other than those intended by
the owner for use in the lock forcibly opened by Art 300. Robbery in an Uninhabited Place and by
the offender (Art. 305). a Band
4. Picklock or similar tools are those implements The robbery mentioned in Article 299, if
specially adopted to the commission of robbery committed in an uninhabited place and by a band
(Art. 304).
5. When a false key is used to open a wardrobe or Notes:
locked receptacle or drawer or inside door and 1. The penalty in Article 299 will be in the
not to open the house/building/edifice, it is only maximum period, if robbery with force upon
theft. things is committed in an uninhabited place and
6. Using of fictitious name or pretending the by a band.
exercise of public authority must be the efficient 2. The inhabited house, public building, or edifice
cause of the opening by the offended party of the devoted to religious worship must be located in
door of his house to the accused. an uninhabited place, as opposed to robbery
7. The four means of entrance must be resorted to with violence against or intimidation of persons,
by the offender to enter. The means used to get which must be committed in an uninhabited
out are immaterial to determining whether a place or by a band.
violation of Art. 299(a) was committed.
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Art 301. What Is an Inhabited House, Public penalties next higher in degree than those
Building, or Building Dedicated To Religious provided in said articles shall be imposed.
Worship and Their Dependencies 4. Taking of large cattle is now punished under
P.D. 533.
Requisites for Dependencies (CIP)(3)
All interior courts, corrals, warehouses, granaries or Robbery in a store:
enclosed places must be: 1. Art. 299 – if the store is used as a dwelling; or if
a. Contiguous to the building;
the store is a dependency of an inhabited house
b. Having an Interior entrance connected
with an interior entrance connected therewith;
therewith, and
2. Art. 302 – if the store is not used as a dwelling;
c. Forming Part of the whole.
Notes: Art. 303. Robbery of Cereals, Fruits, or Firewood
1. Place is still considered inhabited even if the
in an Uninhabited Place or Private Building
occupant is absent when robbery occurred
In the cases enumerated in Articles 299 and 302,
2. Orchard and other lands for cultivation or
when the robbery consists in the taking of
production are not included in the term cereals, fruits, or firewood
dependencies (Art 301, par. 3).
Notes:
Art. 302. Robbery in an Uninhabited Place or in 1. When the robbery described in Arts. 299 and
a Private Building 302 consists in the taking of cereals, fruits, or
firewood, the penalty is one degree lower.
Elements:
1. That the offender entered an uninhabited place 2. Applicable only to robbery by “force upon
or a building which is not a dwelling house, not things”
a public building, or not an edifice devoted to 3. The palay must be kept by the owner as
religious worship; “seedlings” or taken for that purpose by the
2. That with intent to gain, the offender took robbers.
therefrom personal property belonging to 4. Does not include taking sacks of hulled rice
another; (bigas), which falls under Art. 302
3. That any of the following circumstances was
Art. 304. Possession of Picklocks or Similar
present:
Tools
a. Entrance was effected through an opening
not intended for entrance or egress; Any person who shall, without lawful cause, have
in his possession picklocks or similar tools
b. A wall, roof, floor, or outside door or window
especially adopted to the commission of the
was broken; crime of robbery
c. The entrance was effected through the use
of false keys, picklocks or other similar Any person who makes such tools
tools;
d. A door, wardrobe, chest, or any sealed or Elements: (PAN) (3)
closed furniture or receptacle was broken; 1. That the offender has in his Possession
or picklocks or similar tools;
e. A closed or sealed receptacle was 2. That such picklocks or similar tools are specially
removed, even if the same be broken open Adopted to the commission of robbery; and
elsewhere 3. That the offender does Not have lawful cause
for such possession
Notes:
1. Uninhabited place means an uninhabited Notes:
building. 1. Actual use of the picklocks or similar tools is not
2. Building includes any kind of structure for necessary.
storage or safekeeping of personal property. 2. The liability of a locksmith is higher than that of
3. When the property taken is mail matter or large a mere possessor of picklocks.
cattle during any of the robberies defined in
Arts. 294, 295, 297, 299, 300 and 302, the
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Art. 305. False Keys: 2. If any of the members carries unlicensed

"False keys" shall be deemed to include: firearm, all are presumed highway robbers or
1. The tools mentioned in the next preceding brigands.
article. 3. Arms carried need not necessarily be
2. Genuine keys stolen from the owner. firearms—as long as they are weapons in
3. Any keys other than those intended by the general. (People v. De La Rosa C.A., 49 O.G.
owner for use in the lock forcibly opened by 2863)
the offender.
Brigandage and Robbery by a Band,
Notes: Distinguished
1. If the key was entrusted to the offender and he ROBBERY BY A
BRIGANDAGE
used it to steal, crime is not robbery but theft. BAND
2. Possession of false keys referred to in (2) and Purpose is only to
(3) are not punishable. Purposes are those commit robbery, not
3. A master key is considered a picklock and its enumerated above necessarily on a
highway
possession is punishable. (People v. Lopez
Agreement to commit Agreement is to
G.R. No. L-18766)
robbery not limited to commit only a
one occasion particular robbery
Chapter 2: Brigandage Mere formation of a Necessary to prove
band is sufficient to actual commission of
Brigandage is a crime committed by more than convict robbery
three armed persons who form a band of robbers for
the purpose of committing robbery in the highway or Both require that the offenders form a band of
kidnapping persons for the purpose of extortion or robbers.
to obtain ransom, or for any other purpose to be
attained by means of violence. Things to prove (Elements of the crime of
Brigandage):
Art. 306. Who are Brigands – Penalty 1. There is an organization of more than 3 armed
Brigands/highway robbers are more than three persons forming a band of robbers;
armed persons who form a band of robbers for 2. The purpose of the band is any of those
the purpose of committing robbery on the enumerated above;
highway, or kidnapping persons for the purpose 3. They go upon the highway or roam upon the
of extortion or to obtain ransom or for any other country for that purpose; and
purpose to be attained by means of force and 4. The accused is a member of the band.
violence.
Art. 307. Aiding and Abetting a Band of Brigands
If any of the arms carried by any of said persons
be an unlicensed firearm, it shall be presumed Elements:
that said persons are highway robbers or 1. That there is a band of brigands;
brigands 2. That the offender knows the band to be of
brigands; and
Elements:
3. That the offender does any of the following acts:
1. There are at least 4 armed persons;
a. the offender in any manner aids, abets or
2. They formed a band of robbers;
protects such band of brigands, or
3. Their purpose is any of the following:
b. the offender gives them information of the
a. to commit robbery on the highway, or
movements of the police or other peace
b. to kidnap persons for the purpose of
officers of the Government, or
extortion or to obtain ransom, or
c. the offender acquires or receives the
c. to attain by means of force and violence any
property taken by such brigands
other purpose
Presumption of law as to knowledge
Notes:
Any person performing any of the acts provided in
1. The mere formation of a band for any of the
this article is presumed to have performed them
purposes mentioned is sufficient to convict. knowingly, unless the contrary is proven.
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Chapter 3: Theft Notes:

1. Taking is consummated the moment the
Art. 308. Who are Liable for Theft offender has full possession of the thing even if
Theft is the taking of personal property belonging he did not have an opportunity to dispose of the
to another without the owner’s consent and same; it does not require “taking away or
without the attendance of violence or intimidation carrying away.”
of persons or force upon things. 2. The “taking” must be accompanied by the
intention, at the time of the taking, of withholding
Elements: the thing with character of permanency. (People
1. That there be taking of personal property;
v. Rico, et al. C.A., 50 O.G. 3103; Peple v.
2. That such property belongs to another;
Galang, et al. C.A., 43 O.G. 577)
3. That the taking be done with intent to gain;
3. Intent to gain is presumed from the unlawful
4. That the taking be done without the consent of
taking, except if the person takes the thing from
the owner; and
another believing in good faith that it is his own.
5. That the taking be accomplished without the
4. Actual or real gain is not necessary; it is enough
use of violence against or intimidation of
that on taking the property, the accused was
persons or force upon things.
actuated by the desire or intent to gain.
5. The existence of the DARAB Decision
Persons liable:
1. Those who: adjudicating the issue of tenancy between the
a. with intent to gain, offended party and the offender negates the
b. but without violence against or intimidation existence of the element that the taking was
of persons nor force upon things, done without the owner's consent. The DARAB
c. take personal property of another, Decision implies that the offender had legitimate
d. without the latter’s consent. authority to harvest the abaca. (Ligtas v.
2. Those who: People, G.R. No. 200751)
a. having found lost property, 6. Consent (of owner) contemplated in the
b. fail to deliver the same to the local element of theft refers to consent freely given
authorities or its owner. and not merely implied from silence of the
(Retention of money/property found is theft. owner.
What is punished is retention or failure to 7. Allegation in the information of lack of consent
return with intent to gain. The offender’s is indispensable.
knowledge of the identity of the owner of 8. In theft of lost property, it is necessary to prove:
the property is not required. His knowledge a. Time of the seizure of the things;
that the property is lost is enough.) b. That it was lost property belonging to
3. Those who: another; and
a. after having maliciously damaged the c. That the accused, having had the
property of another, opportunity to return or deliver the lost
b. remove or make use of the fruits or object property to its owner or to the local
of the damage caused by them. authorities, refrained from doing so.
(Killing the cattle of another which 9. Unless force upon things is used to enter a
destroyed his [offender’s] property and building, it is theft and not robbery, except that
getting meat for himself is theft.) it is robbery when a furniture, chest, or other
4. Those who
locked/sealed receptacle is broken in the house
a. enter an enclosed estate or a field,
or building or taken therefrom and broken
b. where trespass is forbidden or which
outside (which means the offender was able to
belongs to another, and
enter the house or building though he did not
c. without the consent of its owner, hunt, fish
use force to enter).
or gather fruits, cereals or other farm
10. When a person possesses part of recently
products therefrom.
stolen property, he is presumed to be the thief
(Fishing should not be in a fishpond or
of all unless he has a satisfactory explanation of
fishery within the field or estate; otherwise,
it is qualified theft under Art. 310.) his possession.
11. Theft is NOT a continuing offense.
12. There is no frustrated theft.
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Theft and Robbery, Distinguished Art 310. Qualified Theft

THEFT ROBBERY Acts of theft committed:
If violence or a. By a domestic servant, or
intimidation is b. With grave abuse of confidence, or
If violence or committed after taking c. The property stolen is a:
intimidation is is complete which i. Motor vehicle,
committed after taking results in homicide,
ii. Mail matter,
is complete – rape, intentional
separately-punished mutilation, or serious iii. Large cattle,
crimes physical injuries – iv. Coconut taken from the premises of a
special complex plantation (whether still in the tree or
crimes deposited on the ground),
Any “force” needed for v. Fish from a fishpond or fishery; or
taking (which is not d. On the occasion of fire, earthquake,
under force upon typhoon, volcanic eruption, or any other
things in robbery; e.g. calamity, vehicular accident or civil
Force may be
snatching) is absorbed disturbance
employed to enter;
in theft;
“force” needed for
force entailed in the
taking (e.g. snatching) Elements:
separate crimes
is part of/absorbed in 1. Taking of personal property;
resulting from violence
the taking 2. Said property belongs to another;
or intimidation after
taking is complete is 3. Said taking is done with intent to gain;
an element of those 4. It is done without the owner’s consent;
separate crimes 5. It is accomplished without the use of violence or
It is necessary that intimidation against persons, nor of force upon
Lack of consent by the
taking must be against things; and
owner is sufficient.
the will of the owner. 6. It is done under any of the qualifying
circumstances.
Theft and Estafa, Distinguished
THEFT ESTAFA Notes:
If only material If juridical possession 1. “Grave abuse of confidence” necessitates a
possession (i.e. is transferred (ex., by a high degree of confidence between the offender
custody of object) was contract of bailment) to
and the offended party. (ex. guests); there must
given to the accused the accused and he
be an allegation in the information of proof of a
and it is actually taken takes the property with
by him with no intent to intent to gain relation by reason of dependence, guardianship
return; or material or vigilance, between the accused and the
possession/custody is offended party, that has created a high degree
not even given to, but of confidence between them.
obtained by, the 2. In a case where the domestic helper received a
accused through taking call from a stranger to bring the valuable items
the object without the of her employer because the latter was involved
owner’s consent and in an accident, and they later found out that this
with intent to gain was not true, the Court found the helper guilty
of qualified theft because it was clear that it was
Art 309. Penalties
she who took the valuables and the fact that she
Basis for penalty: did not pause to evaluate the situation despite
1. The value of the thing stolen; warnings by co-workers and security personnel,
2. The value and the nature of the thing taken; or was contrary to human experience. (People v.
3. The circumstances or causes that impelled the Mejares, G.R. 225735)
culprit to commit the crime 3. Theft is qualified if it is committed by one who
has access to the place where stolen property
is kept. (ex. security guards, tellers)
4. A bank’s employees are entrusted with the
possession of money of the bank due to the
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confidence reposed in them and as such they any real property or shall usurp any real rights in
occupy positions of confidence. Thus, when a property belonging to another
bank manager issues manager’s checks in
order to take money from certain accounts to Elements:
benefit himself and another, such manager is 1. That the offender takes possession of any real
guilty of qualified theft. (PNB v. Tria, G.R. No. property, or usurps any real rights in property;
193250) 2. That the real property or real rights belong to
5. Theft by a laborer is only simple theft; not all another;
theft by a housemate is qualified theft. 3. That violence against or intimidation of persons
6. Theft by a domestic servant is always qualified. is used by the offender in occupying real
7. PD 705: Any person who directly or indirectly property or usurpation of real rights in property;
cuts, gathers, removes, or smuggles timber, or and
other forest products from any of the public 4. That there is intent to gain.
forest is penalized with Qualified Theft.
Usurpation and Theft or Robbery, Distinguished
Other Circumstances THEFT OR
USURPATION
1. Theft of motor vehicle – Anti-Carnapping Act of ROBBERY
2016 (R.A. 10883) Occupation or Taking or asportation
2. Theft of large cattle – Anti-Cattle Rustling Law usurpation
of 1974 (P.D. No. 533) Involves real property Involves personal
Elements: or real right property
a. large cattle is taken; Intent to gain
b. it belongs to another;
c. the taking is done without the consent of the Notes:
owner or raiser; 1. Violence/intimidation must be the means used
d. the taking is done by any means, method, in occupying real property or usurping real right
or scheme; belonging to another.
e. the taking is done with or without intent to 2. Criminal action is not a bar to civil action for
gain; and, forcible entry.
f. the taking is accomplished with or without 3. When there is no intent to gain, the crime
violence or intimidation against persons or committed is coercion.
force upon things (Lopez v. People, G.R. 4. When there is no violence used and no intent to
No. 212186) gain, the crime is malicious mischief.
Art 311. Theft of the Property of the National Art. 313. Altering Boundaries or Landmarks
Library and National Museum Any person who shall alter the boundary marks
or monuments of towns, provinces, or estates, or
any other marks intended to designate the
General Rule: It has a fixed penalty regardless of
its value – Arresto Mayor or a fine ranging from boundaries of the same
₱40,000 to ₱100,000, or both.
Elements:
1. That there be boundary marks or monuments of
Exception: When a higher penalty should be
provided under other provisions of the Revised towns, provinces, or estates, or any other marks
Penal Code. (e.g. theft with abuse of confidence intended to designate the boundaries of the
penalty for qualified theft) (Amended by RA 10951) same; and
2. That the offender alters said boundary marks.
Notes:
Chapter 4: Usurpation
1. Intent to gain or fraudulent intent is not
Art. 312. Occupation of Real Property or necessary; mere alteration is sufficient
Usurpation of Real Rights in Property 2. “Alter” has a general and indefinite meaning: to
make something different without changing it
Any person who, by means of violence against or
intimidation of persons, shall take possession of into something else.
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Chapter 5: Culpable Insolvency an undue and unconscientious advantage is taken

of another.
Art. 314. Fraudulent Insolvency Three ways of committing Estafa
Any person who shall abscond with his property 1. With unfaithfulness or abuse of confidence;
to the prejudice of his creditors 2. By means of false pretenses or fraudulent acts;
or
Elements: (DAP) (3) 3. Through Fraudulent Means.
1. Offender is a Debtor, that is, he has obligations
due and payable; First way of committing Estafa (By
2. Offender Absconds with his property; and Unfaithfulness or Abuse of Confidence)
3. That there be Prejudice to his creditors.
Acts Punishable (3 Acts):
Notes: 1. By altering the substance
1. Actual prejudice is required; mere intention to 2. By misappropriation or conversion
prejudice is not sufficient. 3. By taking undue advantage of the signature of
2. May involve real property the offended party in blank
Fraudulent Insolvency under RPC and Elements of Altering the Substance

Insolvency under Insolvency Law, 1. Offender has an onerous obligation to deliver
Distinguished something of value;
FRAUDULENT INSOLVENCY 2. He alters its substance, quantity, or quality; and
INSOLVENCY LAW 3. Damage or prejudice is caused to another
Institution of The criminal act
insolvency should have been Notes
proceedings is not committed after the 1. When there is no agreement as to the quality of
necessary. It is not institution of the thing to be delivered, the delivery of the
required that the insolvency thing in a state not acceptable to the
defendant should have proceedings. complainant is not estafa.
been adjudged 2. Crime may arise even though the obligation is
bankrupt or insolvent. based on an immoral or illegal consideration.
Elements of Misappropriation or Conversion

Chapter 6: Swindling and Other Deceits 1. Money, goods, or other personal property are
received by the offender in trust, or on
Art. 315. Swindling (Estafa)
commission, or for administration, or under any
Elements, in General: other obligation involving the duty to make
1. Accused defrauded another; delivery of, or to return, the same;
2. Damage or prejudice capable of pecuniary 2. Such money or property is misappropriated by
estimation is caused to the offended party or the offender, or is denied being received by him;
third person; 3. Such misappropriation or conversion or denial
3. The element of damage or prejudice may is to the prejudice of another; and
consist in: 4. There is a demand made by the offended party
a. The offended party being deprived of his to the offender to account for the property
money or property, as a result of the
defraudation; Notes:
b. Disturbance in property rights; or 1. Juridical possession (right of possession which
c. Temporary prejudice. may be set up against its owner) is transferred.
2. Transfer of juridical possession is distinct from
Note: (a) transfer of material possession which results
Fraud, in its general sense, is deemed to comprise in theft, or (b) transfer of ownership which
anything calculated to deceive, including all acts, results in civil liability only.
omissions, and concealment involving a breach of 3. It is presumed that the possession of, and title
legal or equitable duty, trust, or confidence justly to, the thing delivered remains in the owner,
reposed, resulting in damage to another, or by which when the delivery of a chattel has not the effect
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of transferring the juridical possession thereof, stipulated a specified date for the return of
or title thereto. the thing, such specified date is in itself a
4. Includes quasi-contracts and certain contracts demand, dispensing with the need for a
of bailment (deposit, lease, commodatum, but subsequent demand to be made.)
not mutuum [loan of money])
Estafa and Theft with abuse of confidence,
5. Criminal liability for estafa is not affected by
Distinguished
subsequent novation of contract after estafa
THEFT WITH ABUSE
has already been consummated or incurred, or ESTAFA
OF CONFIDENCE
after a criminal information/ complaint has Offender receives the Offender takes the
already been filed. thing from the offended thing from the offended
6. There is no estafa through negligence. party party
In receiving the thing,
Second Element of Misappropriation or In receiving the thing,
the offender acquires
Conversion: Three ways of committing Estafa the offender acquires
only material or
with Abuse of Confidence not only material but
transitory possession,
1. By misappropriating the thing received. also juridical
while the juridical
Misappropriation means taking something for possession of the
possession remains
thing.
one’s own benefit. with the offended party.
2. By converting the thing received.
Conversion means using or disposing of Test to distinguish Estafa from Theft:
another’s property as if it were one’s own. 1. Whether the owner expects the immediate
The words “convert” and “misappropriate” return of the thing he delivered to the accused:
connote an act of using or disposing of a. if yes, it is theft;
another’s property as if it were one’s own or b. otherwise, it is estafa; EXCEPTION: where
devoting it to a purpose or use different from the offender is a servant, domestic, or
that agreed upon. employee in whom custody of the thing
3. By denying that the thing was received. delivered is only precarious and for a
temporary purpose or for a short period,
Third element of Misappropriation or
hence, juridical or constructive possession
Conversion: Prejudice befalling “another”
remains with the owner (Constructive
means any third person, and not merely to the
owner possession is when the owner still has,
1. A partner may be liable for estafa if he under his control and management and
misappropriates the share of another partner in subject to his disposition, the thing even if
profits or if he receives money/property for a actual physical possession is already
specific purpose and later misappropriates it transferred).
Fourth element of Misappropriation or Estafa and Malversation, Distinguished

Conversion: Demand, though not mentioned by ESTAFA WITH
MALVERSATION
the provision of law, is necessary to provide ABUSE OF
(ART. 217)
circumstantial evidence, if there is failure to CONFIDENCE
account upon demand Offenders are entrusted with funds or property
1. Demand is not dispensed with even if: Considered as a continuing offense
a. The offender cannot be located Always involves private Involves public funds
(BUT People v. Villegas [56 O.G. 11, 1938] funds or property
held that if the offender is in hiding, it is a
Offender is a private
clear indication of a premeditated intention
individual or even a Offender is usually a
to abscond with the thing received and the
public officer who is public officer who is
offender could not have complied with the
not accountable for accountable for the
demand even if made, hence, demand is
public public funds/property
not necessary.)
funds/property
b. There was an agreement upon a specific
Crime is committed by
time for delivery or return of the things Crime is committed by
misappropriating,
received appropriating, taking,
converting, or
(BUT People v. Librea [48 O.G. 5305] held or
denying having
that, if the receipt signed by the accused
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received money, misappropriating/ Always involves deceit May or may not involve
goods or other consenting, or deceit
personal property through
abandonment or Acts Punishable:
negligence, 1. By using fictitious name, or by falsely
permitting any other pretending to possess (a) power, (b)
person to take the influence, (c) qualifications, (d) property, (e)
public funds/property credit, (f) agency, (g) business, or (h)
imaginary transactions, or by means of
Elements of Taking Undue Advantage of the
other similar deceits
Signature of the Offended Party in Blank
1. The paper with the signature of the offended a. It is indispensable that the element of deceit
party is blank; (i.e., the false statement or fraudulent
2. The offended party should have delivered it to representation) be made prior to, or at least
offender; simultaneously with, the delivery of the
3. Above the signature of the offended party in the thing, such that the deceit used constitutes
otherwise blank paper, a document is written by the very cause or the only motive which
the offender without authority to do so; and induces the complainant to part with the
4. The document so written creates a liability of, or thing
causes damage to, the offended party or any
third perso. Note: Ponzi Scheme is syndicated Estafa defined
under paragraph 2(a) of Art. 315, in relation to PD
1689 (Decree Increasing the Penalty for certain
Note: If the blank paper with the offended party’s
forms of Swindling and Estafa). It is a type of
signature was stolen, the crime is falsification if the
investment fraud that involves the payment of
offender made it appear that the victim participated
purported returns to existing investors from funds
in a transaction, when in fact he did not so
contributed by new investors. Its organizers often
participate therein.
solicit new investors by promising to invest funds in
opportunities claimed to generate high returns with
Second way of committing Estafa (By Means of
little or no risk.
Deceit)
2. By altering the quality, fineness, or weight of
Elements, in General:
1. There must be a false pretense, fraudulent act anything pertaining to the offender’s art or
or fraudulent means; business
2. Such false pretense, fraudulent act or
3. By pretending to have bribed any
fraudulent means must be made or executed
Government employee, without prejudice to
prior to or simultaneously with the commission
the action for calumny which the offended
of the fraud;
party may deem proper to bring against the
3. The offended party must have relied on the
offender
false pretense, fraudulent act, or fraudulent
means, that is, he was induced to part with his
4. By postdating a check, or issuing a check in
money or property because of the false
payment of an obligation when the offender
pretense, fraudulent act, or fraudulent means;
had no funds in the bank, or his funds
and
deposited therein were not sufficient to
4. As a result thereof, the offended party suffered
cover the amount of the check
damage
a. Prima facie evidence of deceit: failure to
deposit the amount necessary to cover
Estafa by means of deceit and Theft,
check within three (3) days from receipt of
Distinguished
ESTAFA BY MEANS notice from bank of dishonor for
THEFT insufficiency of funds
OF DECEIT
b. The check issued must be genuine, and not
Involves both material
or physical possession Involves only material falsified; otherwise, it is estafa by means of
and juridical or physical possession false pretense or through falsification.
possession c. The obligation covered by the check must
be contracted at the time of the issuance
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and delivery of the check; otherwise (i.e., if a. The offender induced the offended party to
for a pre-exisiting obligation), there is no sign a document;
estafa. b. Deceit was employed to make the offended
d. The accused must be able to obtain party sign the document;
something from the offended party by c. The offended party personally signed the
means of the check – damage done to the document; and
offended party. d. Prejudice was caused
e. There is no estafa if the postdated checks
are issued and intended merely as a Estafa and Falsification, Distinguished
security. ESTAFA BY
f. The payee should not have been informed INDUCING ANOTHER
FALSIFICATION
by the offender and the payee should not TO SIGN ANY
DOCUMENT
have known that the offender had no funds
Misrepresentations as Offended party was
or insufficient funds. (Andan v People, GR
to the character of the willing and ready from
No 136388) documents executed the beginning to sign
the document, in the
Estafa and Bouncing Checks Law (B.P. 22), belief it contained
Distinguished statements made by
ESTAFA BY him; but the offender,
BOUNCING CHECKS
POSTDATING A in preparing the
LAW
CHECK document, attributed to
Offender employed No deceit employed the offended party
deceit (malum prohibitum) statements different
Payee or person using from those actually
receiving the check made by him
must be defrauded or
No damage necessary
damaged (damage 2. By resorting to some fraudulent practice to
being the basis of insure success in a gambling game
penalty) 3. By removing, concealing or destroying
May be issued to cover
Does not cover checks documents
for pre-existing
issued for a pre- Elements:
obligation (“for account
existing obligation a. There are court records, office files,
or value”)
documents or any other papers;
5. By any of the following acts committed at a b. The offender removed, concealed, or
hotel, inn, restaurant, boarding house, destroyed any of them; and
lodging house, or apartment house c. The offender had intent to defraud another
a. By obtaining food, refreshment or
accommodation therein without paying Elements of the Complex Crime of Estafa
through Falsification
therefor, with intent to defraud the
1. For Estafa:
proprietor or manager thereof;
a. Deceit
b. By obtaining credit therein by the use of any
b. Damage
false pretense; and
2. For Falsification:
c. By abandoning or surreptitiously removing
a. The offender is a public officer, employee,
any part of his baggage from therein after
or notary public;
obtaining credit, food, refreshment, or
b. He takes advantage of his official position;
accommodation therein, without paying
c. He falsifies a document by committing any
therefor
of the acts defined under Art. 171 of the
RPC
Third way of committing Estafa (By Fraudulent
Means)
Notes:
Acts Punishable (3 Acts): 1. There is no complex crime of estafa through
1. By inducing another to sign any document falsification of private document.
Elements:
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2. If the falsification of a private document is consent of either A or B. C then used a fictitious

committed as a means to commit estafa, the name to redeem the jewels, thereby committing
proper crime to be charged is falsification. estafa.
3. If the estafa can be committed without necessity
of falsifying a document, the proper crime to be Notes:
charged is estafa. (Batulanon v People, GR No 1. Damage caused without deceit or without
139857) abuse of confidence gives rise only to civil
4. A public official was found liable for the complex liability.
crime for Estafa through Falsification of Public 2. Ownership is not a necessary element of estafa.
Documents when he signed the documents In a case, A handed a check signed by his
given to him by his subordinates which father to B for the purpose of exchanging the
conveyed a financial grant to a fictitious NGO. peso amount stated in the check with dollars. B
The peculiar circumstances attendant should subsequently ran away with the check without
have prompted a higher degree of giving the appropriate dollar equivalent. A may
circumspection on the part of the public official sue B even if the former does not own the funds
and necessarily, he should go beyond what his of the check taken by B.
subordinates prepared. (Escobar v. People,
G.R. No. 205576) Art 316. Other Forms of Swindling
Punishable Acts (6):
Estafa and Malicious Mischief, Distinguished 1. Conveying, selling, encumbering, or
ESTAFA BY mortgaging any real property, pretending to
MALICIOUS be the owner of the same
DESTROYING
MISCHIEF 2. Disposing of real property as free from
DOCUMENTS
Intent to defraud Intent to defraud is not encumbrance, although such encumbrance
required required be not recorded
3. Wrongfully taking by the owner of his
Estafa and Infidelity in custody of documents, personal property from its lawful possessor
Distinguished 4. Executing a fictitious contract to the
ESTAFA BY prejudice of another (as distinguished from
REMOVING, INFIDELITY IN
fraudulent insolvency, however)
CONCEALING, OR CUSTODY OF
DESTROYING DOCUMENTS 5. Accepting any compensation for services
DOCUMENTS not rendered
Similar in the manner of committing the offense 6. Selling or mortgaging or encumbering real
Offender is a private Offender is a public property or properties with which the
individual or even a officer who is officially offender guaranteed the fulfillment of his
public officer who is not entrusted with the obligation as surety
officially entrusted with documents
the documents Note:
Intent to defraud Intent to defraud is not There must be actual damage, not merely intent to
required required cause damage, in view of the basis of the penalty
which is the “value of the damage caused.
Complex Crime of Estafa and Theft
It is committed when theft is employed as a By conveying, selling, encumbering, or
necessary means to commit estafa. (People vs. mortgaging any real property, pretending to be
Yusay, 60 Phil. 598) the owner of the same
Illustration: A owns pawnshop tickets which he Elements (I-N-E-P) (4)

entrusted to B for safekeeping. A forgot about the 1. That the thing be Immovable, such as a parcel
entrustment and a week later, C took the ticket from of land or a building;
B and refused to return it, despite insistent demands 2. That the offender, who is Not the owner of said
made by B for the return. Then, using a fictitious property, represented that he is the owner
name, C redeemed jewels using the ticket without
thereof;
the knowledge and consent of A and B. C committed
theft, as a necessary means to commit estafa: C
took the ticket with intent to gain and without the
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3. That the offender should have Executed an act 3. The offended party must have been deceived,
of ownership (selling, leasing, encumbering or i.e., he would not have granted the loan had he
mortgaging the real property); and known that the property was already
4. That the act be made to the Prejudice of the encumbered.
owner or a third person 4. If personal property is involved, apply Art. 319.
Note: By the owner wrongfully taking his personal

Claim of ownership is different from pretense of property from its lawful possessor
ownership: a good faith claimant of ownership
cannot be considered a mere pretender of Elements:
ownership, even if his claim is defective; hence, the 1. That the offender is the owner of personal
claimant is not liable under the article. property;
2. That said personal property is in the lawful
First act under other forms of swindling (Art. possession of another;
316, para. 1) and Estafa by falsely pretending to 3. That the offender wrongfully takes it from its
possess property (Art. 315, para. 2(a)), lawful possessor; and
Distinguished
4. That prejudice is thereby caused to the
Estafa by falsely
First act under other possessor or third person
pretending to
form of swindling
possess property
Refers only to real Covers both real and Notes:
1. The act is punishable as theft when the owner
property personal property
Covers a specific of a property took it without the consent of the
situation where the lawful possessor, then charged the possessor
offender exercises or with the value of the property, because there is
executes, as part of the Need not exercise or intent to gain.
false representation, execute some act of 2. “Wrongful taking” does not include violence:
some act of dominion dominion to prejudice a. With intent to gain – as this is robbery; or
or ownership of the the real owner b. Without intent to gain – as this is grave
property to the damage coercion.
and prejudice of the
real owner of the thing By executing a fictitious contract to the
prejudice of another distinguished from
By disposing of real property as free from fraudulent insolvency
encumbrance, although such encumbrance be
not recorded Estafa by executing fictitious contract (Art. 316,
para. 4) and Fraudulent Insolvency, (Art. 314)
Elements (F-R-E-D) (4) Distinguished
1. That the thing disposed of be Real property; ESTAFA BY
2. That the offender knew that the real property FRAUDULENT
EXECUTING ANY
was Encumbered, whether the encumbrance INSOLVENCY
FICTITIOUS
is recorded or not; Art. 314
CONTRACT
3. That there must be express representation by Offender simulates a The conveyance is real
the offender that the real property is Free conveyance of his and made for a
from encumbrance; and property consideration
4. That the act of disposing of the real property be
made to the Damage of another By accepting any compensation for services not
rendered
Notes:
1. The encumbrance must be legally constituted, Notes:
1. This crime requires fraud; otherwise, solutio
notwithstanding the provision “although such
indebiti results for which only a civil obligation
encumbrance be not recorded”.
arises.
2. The encumbrance includes every right or
2. If the money in payment of a debt is delivered
interest in the land which exists in favor of third
to a wrong person and said person refused or
persons
failed to return the money to the owner
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thereafter, it is estafa by denial of receipt of Art. 318. Other Deceits

money, under Art. 315, 1(b). Any person who shall defraud or damage another
by any other deceit not mentioned in the
By selling or mortgaging or encumbering real preceding articles of this chapter.
property or properties with which the offender
guaranteed the fulfillment of his obligation as Any person who, for profit or gain, shall interpret
surety dreams, make forecasts, tell fortunes, or take
advantage of the credulity of the public in any
Elements: other similar manner
1. That the offender is a surety in a bond given in
a criminal or civil action; Punishable Acts:
2. That he guaranteed the fulfillment of such 1. By defrauding or damaging another by any
obligation with his real property or properties; other deceit not mentioned in preceding
3. That he sells, mortgages, or, in any other articles; and
manner, encumbers said real property; 2. By interpreting dreams, making forecasts,
4. That such sale, mortgage or encumbrance is fortune-telling, or by taking advantage of the
a. without express authority from the court, or credulity of the public in any other similar
b. made before the cancellation of his bond, manner, for profit or gain.
or
c. made before being relieved from the Notes:
obligation contracted by him 1. Damage to the offended party is required.
2. Scope – any other kind of conceivable deceit
Art. 317. Swindling a Minor may fall under this article
Any person who, taking advantage of the
inexperience or emotions or feelings of a minor, Example: X, an agent of an insurance company,
to his detriment, shall induce him to assume any was convicted for the crime of estafa for allegedly
obligation or to give any release or execute a inducing Y to enter into a fraudulent investment
transfer of any property right in consideration of opportunity. X made misrepresentations to Y that
some loan of money, credit or other personal the latter’s money would be invested in the
property, whether the loan clearly appears in the insurance company and not to an investment
document or is shown in any other form company. X did not employ any deceit in soliciting
Y’s investments because she did not use a fictitious
Elements: name or pretend to possess, power, agency, or
1. That the offender takes advantage of the certain qualifications, so that X’s acts do not fall
under Art. 315 (2)(a). But she may be held liable for
inexperience or emotions or feelings of a minor;
other deceits under Article 318, which is intended as
2. That he induces such minor a catch-all provision to cover all other kinds of deceit
a. to assume an obligation, or not falling under Articles 315, 316, and 317 of the
b. to give release, or Revised Penal Code. (Osorio v. People, G.R. No.
c. to execute a transfer of any property right; 207711)
3. That the consideration is
a. some loan of money,
b. credit, or Chapter 7: Chattel Mortgage
c. other personal property; and
4. That the transaction is to the detriment of such Art. 319. Removal, Sale or Pledge of Mortgaged
minor Property
Punishable Acts: (2)
Notes: 1. Knowingly removing mortgaged personal
1. It is sufficient that the offender takes advantage property
of the inexperience or emotions of the minor. 2. Selling or pledging personal property
2. Actual proof of deceit or misrepresentation is already pledged
not necessary.
3. Real property is not included.
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Elements of Knowingly Removing Mortgaged Personal property is

Personal Property (5) involved (except if Real property is
1. That personal property is mortgaged under the house is subject to involved
Chattel Mortgage Law; chattel mortgage)
2. That the offender knows that such property is so Committed by the mere
Sufficient that the real
mortgaged; failure to obtain the
property mortgaged be
3. That he removes such mortgaged personal consent of the
sold as free, even
property to any province or city other than the mortgagee in writing,
though the vendor may
even if the offender
one in which it was located at the time of the have obtained the
should inform the
execution of the mortgage; consent of the
purchaser that the
4. That the removal is permanent; and mortgagee in writing
thing sold is mortgaged
5. That there is no written consent of the Consent of mortgagee
mortgagee or his executors, administrator or is material; knowledge Consent of mortgagee
assignees to such removal. as to encumbrance is is immaterial
not
Notes: Purpose is to protect Purpose is to protect
1. The offender need not be the mortgagor; it may the mortgagee the purchaser
be “any person”. Both involve the selling of mortgaged property
2. Purpose is to protect mortgagee who should be
able to have a ready access to, and easy reach
of, the property subject of mortgage. Chapter 8: Arson and Other Crimes Involving
3. Chattel mortgage must be registered. Destruction
4. Removal must be coupled with intent to
Arson is the malicious destruction of property by
defraud.
fire.
5. Filing a civil action for collection instead for
foreclosure of chattel mortgage relieves the Three categories of the crime of Arson:
accused of criminal responsibility 1. Destructive Arson (Art. 320, as amended by
R.A. 7659);
Elements of Selling or Pledging Personal 2. Simple Arson (Sec. 1, P.D. 1613); and
Property Already Pledged (3) 3. Other cases of arson (Sec. 3, P.D. 1613).
1. That personal property is already pledged
under the terms of the Chattel Mortgage Law; Punishable Acts/Persons Liable:
2. That the offender, who is the mortgagor of such The penalty of reclusion perpetua to death shall
property, sells or pledges the same or any part be imposed upon:
thereof; and 1. Any person who shall burn (7 acts)
3. That there is no consent of the mortgagee a. One or more buildings or edifices,
written on the back of the mortgage and notes consequent to one single act or
on the record thereof in the office of the Register simultaneous acts of burning;
of Deeds b. Building of public or private ownership
generally open to public or where people
Note: usually gather or congregate for a purpose,
Damage to mortgagee is not essential. If damage regardless of whether the offender had
accrues, it may give rise to estafa by means of knowledge that there are persons present
deceit.
or whether building is inhabited or not;
Selling or pledging property already pledged c. Train or locomotive, ship or vessel, airship
(Art. 319, para. 2) and Estafa by disposing of or airplane, for transportation or
encumbered property (Art. 316, para. 2), conveyance, public use, leisure or
Distinguished entertainment;
SELLING OR ESTAFA BY d. Building, factory, warehouse installation,
PLEDGING DISPOSING OF and any appurtenance thereto for service of
PROPERTY ENCUMBERED public utilities;
ALREADY PLEDGED PROPERTY e. Any building to conceal/destroy
incriminatory evidence, conceal
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bankruptcy, defraud creditors, or collect Guidelines when death occurs on the occasion
from insurance; of Arson (a special complex crime):
f. Arsenal, shipyard, storehouse, or military 1. If the intent was to burn the building, but death
power or fireworks factory, ordinance, results on the occasion or by reason of burning
archives or general museum of the the building, ARSON is committed, and the
Government; and homicide is absorbed.
g. Any factory/storehouse of inflammable or 2. If there is intent to kill a particular person, and
explosive materials, in an uninhabited he resorted to arson or fire as a means of
place accomplishing the desired death of the victim –
2. Two (2) or more persons or a group of persons only MURDER is committed. Art. 248 includes
who destroy property by fire as a qualifying circumstance the use of fire.
a. Irrespective of the abovementioned 3. If the objective is to kill a particular person, and
qualifying circumstances, and in fact, the offender had killed the victim, and fire
b. Regardless of whether the purpose is is resorted to as a means to cover the killing,
merely to burn or destroy or as an overt act there are two separate crimes committed –
to commit another violation of law MURDER and ARSON.
4. Under The Anti-Terrorism Act of 2020 (R.A.
Three (3) stages 11479), which expressly repealed the Human
1. Attempted: Offender commences the Security Act, the crime of arson is no longer
commission of the crime directly by overt acts expressly considered as “predicate crimes”-
but he does not perform all acts of execution specific crimes or acts which could constitute
(i.e., was not able to light fire) due to timely terrorism as enumerated in Section 3 of R.A.
intervention of another. It is not necessary that 9372. However, the act of arson may still
there be a fire (e.g., placing rags soaked in amount to terrorism under the broader
gasoline beside the wooden wall of building formulation of terrorism under Section 4 (b) and
sufficient). (c) of R.A. 11479 where terrorism is committed
2. Frustrated: Offender was able to light or set fire by any person, who, within or outside the
to the item or building, but the fire was put out Philippines, regardless of the stage of
before any part of it was burned execution, engages in acts intended to cause
3. Consummated: Offender was able to light a “extensive damage or destruction” to a
fire and to burn at least a part of building (e.g., government or public facility, public place or
charring of the wood whereby the fiber of the private property or cause extensive interference
wood is destroyed); EXCEPTION: when the with, damage or destruction to critical
contents of a building were set on fire, no part infrastructure when the purpose of such act, by
of the building need be burned in order that its nature and context, to intimidate the general
there be consummated arson public or segment thereof, create an
atmosphere or spread the message of fear, to
Example: In this case, no one saw the offender provoke or influence by intimidation the
actually set fire to the nipa hut. Nevertheless, the government or any international organization,
prosecution has established multiple or seriously destabilize or destroy the
circumstances, which, after being considered in fundamental political, economic, or social
their entirety, support the conclusion that petitioner
structures of the country, or create a public
is guilty beyond reasonable doubt of simple arson.
First, the evidence was credible and sufficient to emergency or seriously undermine public
prove that the offender stoned the victim’s house safety.
and threatened to burn him. 5. There is NO complex crime of Arson with
Second, the evidence was credible and sufficient to (Multiple) Homicide.
prove that the offender returned a few hours later
and made his way to the victim’s nipa hut.
Third, the evidence was also credible and sufficient
to prove that the offender was in close proximity to
the nipa hut before it caught fire.
The stoning incident and the burning incident cannot
be taken and analyzed separately. (Bacerra v.
People,G.R. No. 204544)
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Destructive and Simple Arson, Distinguished infection or contagion among cattle; or who
DESTRUCTIVE SIMPLE ARSON causes damage to the property of the National
ARSON (ART. 320) (PD 1613) Museum or National Library, or to any archive or
Contemplates the registry, waterworks, road, promenade, or any
Contemplates the malicious burning of other thing used in common by the public
malicious burning of public and private
structures, both public structures, regardless Qualified Malicious Mischief (3):
and private, hotels, of size, not in included 1. Causing damage to obstruct performance of
buildings, edifices, in Art. 320. These public functions;
trains, vessels, aircraft, include houses, 2. Using any poisonous or corrosive substance;
factories and other dwellings, government 3. Spreading any infection or contagion among
military, government, buildings, farms, mills,
cattle; and
or commercial plantations, railways,
establishments by any bus stations, airports, 4. Causing damage to property of National
person or group of wharves, and other Museum or National Library, or to any archive
persons industrial or registry, waterworks, road, promenade, or
establishments any other thing used in common by the public.
Distinguished from Sedition

Chapter 9: Malicious Mischief Although both involve the intent to obstruct the
performance of public functions, the element of
Malicious Mischief is the willful damaging of public and tumultuous uprising is not present in
another’s property for the sake of causing damage Article 328.
due to hate, revenge, or other evil motive.
Art. 329. Other Mischiefs
Art. 327. Who Are Liable For Malicious Mischief Mischiefs not included in Art. 328
Any person who shall deliberately cause the
property of another any damage not falling within Examples:
the terms of the next preceding chapter 1. Scattering human excrement in public
building
Elements of Malicious Mischief: (3) 2. Killing of cow as an act of revenge (value of
1. That the offender deliberately caused damage damage cannot be estimated)
to the property of another; 3. A servant releasing a bird from cage as an
2. That such act does not constitute arson or other act of hate against its owner (value of the
crimes involving destruction; and bird as basis)
3. That the act of damaging another’s property be
committed merely for the sake of damaging it. Art. 330. Damage and Obstruction to Means of
Communication
Notes: Any person who shall damage any railway,
1. Third element presupposes hate, revenge, or telegraph or telephone lines (which, for the
other evil motive of the offender or the mere purpose of Article 330, pertain to the electric
pleasure of destroying wires, traction cables, signal system and other
2. Damage includes not only loss but also things pertaining to railways as constituting an
diminution (e.g. defacing another’s house) integral part of a railway system)
3. If there is no malice, as when damage resulted
from a crime or only incidental to the Notes:
1. It is committed by damaging any railway (that is,
commission of another crime, there is only civil
any component of its system), telegraph, or
liability.
telephone lines.
4. Intent to gain by removing or making use of the
2. Telegraph or telephone lines must also pertain
fruits or objects of a property after it is damaged
to a railway system.
makes it theft (Art 308 par. 2).
3. Any derailment of cars, collision, or other
Art. 328. Special Cases of Malicious Mischief accident which was a result of the damage done
shall be ground for the imposition of a higher
Any person who shall cause damage to obstruct
the performance of public functions, or use any penalty. But such derailment must not have
poisonous or corrosive substance; or spread any been purposely sought by the offender.
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4. The object is to merely cause damage, as c. Malicious mischief

constructed with Crimes involving Destruction 2. Persons exempted from criminal liability for
(Art. 324), where the object is to cause such crimes when caused mutually by them
destruction. against each other
5. When persons are killed: a. Spouses, ascendants and descendants, or
a. If there is no intent to kill, it is the relatives by affinity in the same line
complexed crime of Damage to Means b. The widowed spouse with respect to the
of Communication with Homicide (in property which belonged to the deceased
relation to Art. 48); and spouse before the same passed into the
b. If there is intent to kill, and damaging the possession of another
railways was used to accomplish the c. Brothers and sisters and brothers-in-law
criminal purpose, it is Murder. and sisters-in-law, if living together at the
time of the commission of the crime
Art. 331. Destroying or Damaging Statues, d. Stepfather/mother, adopted father/ mother,
Public Monuments, or Paintings natural children, common-law spouse,
Any person who shall destroy or damage statues concubine, paramour included
or any other useful or ornamental public
monument Notes:
1. The article does not apply to strangers
Any person who shall destroy or damage any participating in the commission of the crime.
useful or ornamental painting of a public nature 2. There is only civil liability.
3. Does not apply to robbery or estafa through
Punishable Acts: falsification; hence, if a son committed estafa
1. Destroying or damaging statues or any other
through falsification of a commercial document
useful or ornamental public monument; and
against his father, he is criminally liable for the
2. Destroying or damaging any useful or
crime of falsification.
ornamental painting of a public nature
Chapter 10: Exemptions from Criminal Liability
in Crimes against Property
Art. 332. Persons Exempt from Criminal Liability

No criminal, but only civil, liability shall result from
the commission of the crime of theft, swindling or
malicious mischief committed or caused mutually
by the following persons:
1. Spouses, ascendants and descendants, or

relatives by affinity in the same line;
2. The widowed spouse with respect to the

property which belonged to the deceased spouse
before the same shall have passed into the
possession of another; and
3. Brothers and sisters and brothers-in-law and

sisters-in-law, if living together.
The exemption established by this article shall

not be applicable to strangers participating in the
commission of the crime
Notes:
1. Crimes involved in the Exemption
a. Theft,
b. Swindling (estafa), and
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J. CRIMES AGAINST CHASTITY d. The death of the woman during the

pendency of the action cannot defeat the
Chapter 1: Adultery and Concubinage trial and convict the man. (U.S. v. De la
Torre and Gregorio, 25 Phil. 36)
Art. 333. Who Are Guilty Of Adultery e. Even if the man had left the country and
Adultery is committed by any married woman could not be apprehended, the woman can
who shall have sexual intercourse with a man not be tried and convicted. (U.S. v. Topiño and
her husband, and by the man who has carnal
Guzman, 35 Phil. 901)
knowledge of her, knowing her to be married,
7. Death of the offended party will not terminate
even if the marriage be subsequently declared
void. the proceedings. However, if the offended party
dies before a complaint is filed, then the case
Elements: (3) cannot proceed because no one can sign the
1. That the woman is married (even if marriage is complaint, adultery being a crime which cannot
subsequently declared void); be prosecuted de oficio.
2. That she has sexual intercourse with a man not
her husband; and Mitigating circumstances in Adultery
3. That as regards the man with whom she has 1. Adultery is mitigated if the adulterous wife was
sexual intercourse, he must know her to be abandoned without justification by his spouse.
married a. Both the wife and her paramour are entitled
to this mitigating circumstance. (People v.
Persons Liable: Avelino, C.A., 40 O.G., Supp. 11, 194)
1. Married woman who engages in sexual 2. Sheer necessity, as when a woman was left
intercourse with a man not her husband; and helpless by her husband (although justifiably,
2. The man who, knowing of the marriage of the for it was in response to a duty) and in such a
woman, has sexual intercourse with her great need that she found herself in the
predicament of committing adultery for the sake
Notes: of her children, mitigates her liability. (People v.
1. The evil sought to be prevented by criminalizing Alberto, et al., C.A., 47 O.G. 2438)
adultery is the danger of introducing spurious
heirs into the family. Pardon by the offended party
2. Carnal knowledge may be proved by 1. Express/implied pardon by the offender’s
circumstantial evidence. husband bars prosecution for adultery.
3. Each sexual intercourse constitutes a separate 2. Sexual intercourse by the offended husband
crime of adultery. It is not a continuing offense. with the offending spouse subsequent to the
Any act of infidelity subsequent to condonation adulterous conduct constitutes an implied
constitutes a new offense that is subject to pardon.
criminal prosecution.
4. No crime of frustrated adultery Requirements for Pardon to be effective (Art.
5. The offended party must be legally married to 344):
the offender at the time of filing the complaint. 1. The pardon must come before the institution of
a. But even if the marriage is subsequently the criminal prosecution; and
2. Both offenders must be pardoned by the
declared void, there is still adultery when
offended party.
the adulterous act is committed before the
marriage is judicially declared null and void
Consent is a cause for dismissal of complaint
in a final judgment.
1. Prior consent by the offender’s husband is as
6. Acquittal of one defendant does not operate as
effective as subsequent consent to bar the
acquittal of the other:
offended party from prosecuting the offense.
a. There may not be a joint criminal intent
2. When consent is given, whether express or
although there is a joint physical act. implied, the offended husband can no longer
b. One of the parties may be insane and the institute the criminal complaint.
other is sane.
c. The man may not know that the woman is
married.
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When is there consent? 2. Adultery is more severely punished than

1. When the husband does not interfere with his concubinage. Unlike adultery, concubinage is a
wife’s adulterous relationship or has failed to continuing crime.
assert his rights
2. When the spouses sign an agreement that they
may each get any mate and live as husband Chapter 2: Rape and Acts of Lasciviousness
and wife without any interference
Art. 335. When and How Rape Is Committed
Art. 334. Concubinage
Any husband who shall keep a mistress in the Note: Art. 335 has been repealed by R.A. No. 8353
conjugal dwelling, or shall have sexual intercourse (Anti-Rape Law of 1997). Rape is now punished
under scandalous circumstances with a woman who under Arts. 266-A, et seq., as a Crime Against
is not his wife, or shall cohabit with her in any other Persons.
place
Art. 336. Acts of Lasciviousness
Elements: (3) Any person who shall commit any act of
1. The man must be married (even if the marriage lasciviousness upon another person of either
may be subsequently declared void); sex, under any of the circumstances mentioned
in rape
2. He committed any of the following acts:
a. Keeping a mistress in the conjugal
Elements:
dwelling, 1. That the offender commits any act of
b. Having sexual intercourse under lasciviousness or lewdness;
scandalous circumstances with a woman 2. That the act of lasciviousness is committed
who is not his wife, against a person of either sex; and
c. Cohabiting with her in any other place; 3. That it is done under any of the following
3. As regards the woman, she must know him to circumstances:
be married. a. by using force or intimidation,
b. when the offended party is deprived of
Persons liable:
reason or otherwise unconscious,
1. The married man; and
c. by means of fraudulent machination or
2. The woman who knew that the man was
grave abuse of authority,
married
d. when the offended party is under 12 years
Definition of terms: of age or is demented.
1. Conjugal Dwelling means the home of the
husband and wife, even if the wife happens to Notes:
1. Lewd is defined as obscene, lustful, indecent or
be temporarily absent on any account.
lecherous. It signifies the form of immorality
2. Scandal consists in any reprehensible word or
which has relation to moral impurity; or that
deed that offends public conscience, redounds
which is carried on in a wanton manner.
to the detriment of the feelings of honest
2. That an accused is entertaining a lewd or
persons, and gives occasion to the neighbors’
unchaste design is necessarily a mental
spiritual damage and ruin
process, the existence of which can be inferred
3. Cohabit means to dwell together, in the manner
by overt acts carrying out such intention. The
of husband and wife, for some period of time, as
presence or absence of lewd designs is inferred
distinguished from occasional, transient
from the nature of the acts themselves and the
interviews for unlawful intercourse
environmental circumstances. (People v Soria,
4. Mistress – It is necessary that the woman is
GR No. 179031)
taken by the accused into the conjugal dwelling
3. Definition of “Lascivious Conduct” (in relation
as a concubine.
to R.A. 7610, Section 5) – A crime committed
Notes: through the intentional touching, either directly
1. People in the vicinity are the best witnesses to or through the clothing, of the genitalia, anus,
prove scandalous circumstances. groin, breast, inner thigh, or buttocks with the
intention to abuse, humiliate, harass, degrade,
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or arouse or gratify the sexual desire of any the labia minora of the pudendum. The
person, among others. appellant is guilty of acts of lasciviousness and
4. There is no attempted or frustrated crime of acts not rape. (People v. Palma, G.R. No. 148869-
of lasciviousness. 74)
2. The appellant’s act of directing Analyn to
Acts of Lasciviousness and Unjust Vexation, remove her lower apparel constitutes an act of
Distinguished lasciviousness under Article 336 of the RPC,
ACTS OF UNJUST and not rape. (People v. Aquino, G.R. No.
LASCIVIOUSNESS VEXATION 139181)
There is lewd design The element of lewd
which may be inferred design is not present. Crimes and Abuses against Chastity,
from the circumstances The alleged lascivious Distinguished
surrounding the act was a mere
CRIME AGAINST ABUSES
commission of the incident of the embrace CHASTITY AGAINST
crime, such as the or the act was just
(ACTS OF CHASTITY
place, time, other committed merely to
LASCIVIOUSNESS) (ART. 248)
people’s presence and satisfy a silly whim.
The offender is, in a The offender is a public
the acts complained of.
majority of cases, a officer.
private individual.
Acts of Lasciviousness and Attempted Rape,
Distinguished It is necessary that A mere immoral or
ACTS OF ATTEMPTED some actual act of indecent proposal
LASCIVIOUSNESS RAPE lasciviousness should made earnestly and
Offender’s lascivious Acts performed by have been executed by persistently is
acts do not indicate offender clearly indicate the offender. sufficient.
intent to have sexual that his purpose was to
intercourse. lie with the offended
party. Chapter 3: Seduction, Corruption of Minors and
White Slave Trade
The lascivious acts The lascivious acts are
are the final objective but preparatory acts to Seduction – Enticing a woman to unlawful sexual
sought by the the commission of rape. intercourse by promise of marriage or other means
offender. of persuasion without the use of force
Manner of commission is the same
The performance of acts of lascivious character Art. 337. Qualified Seduction
is common to both.
Qualified seduction is committed when the
Offended party is a person of either sex.
offender has carnal knowledge of any of the
persons and under the circumstances described
Acts of Lasciviousness and Grave Coercion, below.
Distinguished
ACTS OF GRAVE The seduction of a virgin over twelve years and
LASCIVIOUSNESS COERCION under eighteen years of age, committed by any
Compulsion is included Compulsion is the very person in public authority, priest, home-servant,
in the constructive act constituting the domestic, guardian, teacher, or any person who,
element of force in the offense of grave in any capacity, shall be entrusted with the
actual act of coercion. education or custody of the woman seduced
lasciviousness.
The seduction of the offender’s sister or
Cases on Acts of Lasciviousness descendant, whether or not she be a virgin or
1. In the absence of convincing proof that the over eighteen years of age
penis had slid into the female organ, rape was
not committed. Where the victim merely stated Two classes of Qualified Seduction:
that she was carried around the sala with 1. Seduction of a virgin over 12 and under 18
appellant’s penis “touching” her vagina, it would years of age by certain persons, such as a
not be right to conclude that the act of the penis person in authority, priest, teacher, etc.; and
“touching” the vagina was an entry or 2. Seduction of a sister by her brother, or
penetration, even slightly, of the labia majora or seduction of a descendant by her ascendant,
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regardless of her age or reputation (Incestuous 7. If any of the circumstances in the crime of rape
Seduction) is present, the crime is not to be punished under
Article 337 but under Art. 266-A or 266-B.
Elements of Qualified Seduction of a Virgin 8. If there is no sexual intercourse, the crime
(VASA) (4) would only be acts of lasciviousness.
1. That the offended party is a Virgin, which is
presumed if she is unmarried and of good Art. 338. Simple Seduction
reputation; The seduction of a woman who is single or a widow
2. That she must be over 12 and under 18 years of good reputation, over twelve but under eighteen
of Age; years of age, committed by means of deceit
3. That the offender has Sexual intercourse with
her; and Elements: (4)
4. That there is Abuse of authority, confidence or 1. That the offended party is over 12 and under 18
relationship on the part of the offender years of age;
2. That she must be of good reputation, single or
Persons liable: a widow;
1. Those who abused their authority: 3. That the offender has sexual intercourse with
a. Person in public authority her; and
b. Guardian 4. That it is committed by means of deceit
c. Teacher
d. Person who, in any capacity, is entrusted Notes:
with the education or custody of the woman 1. Virginity of the victim is not required.
seduced 2. Deceit generally takes the form of an unfulfilled
2. Those who abused confidence reposed in promise to marry.
them: 3. There is no continuing offense of seduction.
a. Priest 4. If there is no sexual intercourse, the crime
b. House servant committed is only acts of lasciviousness.
c. Domestic (any person living in the same 5. The man may be willing and ready to marry the
roof; may be temporary or permanent, as girl, but simple seduction is still committed when
long as in the same house.) the man knows that the offended party cannot
3. Those who abused their relationship: legally consent to marriage because of her
a. Brother who seduced his sister minority.
b. Ascendant who seduced his descendant
(The relationship must be by consanguinity The following do not constitute Deceit:
but need not be legitimate.) 1. Promise of material things
2. Promise of marriage by a married man, whom
Notes: the victim knew to be married
1. Penalty for qualified seduction of a sister or 3. Promise of marriage after sexual intercourse
descendant is higher than qualified seduction of
a virgin. Art. 339. Acts of Lasciviousness with the
2. Deceit is not an element of qualified seduction Consent of the Offended Party
but it is an element of simple seduction. Any other acts of lasciviousness committed by
3. In Abuse of Confidence, acts are punished the same persons and under the same
because of the character of the person circumstances as those provided in Articles 337
committing the same, on account of the excess and 338
of power/authority or abuse of
Elements:
confidence/relationship.
1. That the offender commits acts of
4. A virgin is a virtuous woman of good reputation.
lasciviousness or lewdness;
5. The offended party need not be a virgin in the
2. That the acts are committed upon a woman who
case of incestuous seduction.
is a virgin or single or a widow of good
6. An accused charged with rape cannot be
reputation, under 18 years of age but over 12
convicted of qualified seduction under the same
years, or a sister or descendant regardless of
information.
her reputation or age; and
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3. That the offender accomplishes the acts by Art. 341. White Slave Trade
abuse of authority, confidence, relationship, or Any person who, in any manner, or under any
deceit pretext, shall engage in the business of, or shall
Notes: profit by, prostitution, or shall enlist the services
1. A male cannot be the offended party here. of any other person for the purpose of prostitution
2. It is necessary that the crime be committed
under circumstances which would make it Acts Penalized:
qualified or simple seduction had there been 1. Engaging in the business of prostitution;
sexual intercourse. 2. Profiting by prostitution; and
3. Consent is obtained by abuse of authority, 3. Enlisting the service of women for the purpose
confidence, or relationship, or by means of of prostitution
deceit.
Notes:
1. One of those above-mentioned acts is sufficient
Acts of Lasciviousness with consent and Acts
of Lasciviousness under Art. 336, Distinguished to constitute the offense.
ACTS OF ACTS OF 2. Habituality is not a necessary element of this
LASCIVIOUSNESS LASCIVIOUSNESS crime.
WITH CONSENT OF (ART. 336) 3. Offender need not be owner of the house used
OFFENDED PARTY for prostitution and need not be present there at
(ART. 339) time of the raid; it suffices that he maintains or
Acts are committed Acts are committed engages in the business carried out there.
under circumstances under circumstances 4. “Under any pretext” – if the real purpose is
which, had there been which, had there been prostitution, it does not matter if one engages
carnal knowledge, carnal knowledge, the services of a woman ostensibly as a maid,
would amount to either would amount to rape
for example.
qualified or simple
seduction
*There may be
consent, but there is Chapter 4: Abduction
abuse of authority,
relationship, Abduction - The taking away of a woman from her
confidence, or house or the place where she may be for the
deceit purpose of carrying her to another place, with the
intent to marry or to corrupt her.
Art. 340. Corruption of Minors
ART. 342. Forcible Abduction
Any person who shall promote or facilitate the
prostitution or corruption of persons underage to Abduction of any woman against her will and with
satisfy the lust of another lewd designs
Notes: Elements: (3)

1. The act punishable is the promotion or 1. That the person abducted is any woman,
facilitating the prostitution or corruption of regardless of her age, civil status, or
persons underage (under 18) to satisfy the lust reputation;
of another. 2. That the abduction is against her will; and
2. A mere proposal will consummate the offense. 3. That the abduction is with lewd designs
It is not necessary that the unchaste acts shall
Notes:
have been done to the minor.
1. If child-victim is under 12 years of age, the crime
3. A single act without abuse of authority or
is forcible abduction even if she voluntarily goes
confidence is now a crime, pursuant to B.P. Blg.
with her abductor.
92.
2. “Taking away” must be against the will of the
4. Victim must be of good reputation, not a
woman. This may be accomplished by means
prostitute or a corrupted person.
of deceit first and then by means of violence and
intimidation.
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3. Actual intercourse is not necessary. Lewd Case on Forcible Abduction

designs may be shown by conduct of the The Court has previously ruled that if the victim's
accused. Intent to seduce the girl is sufficient. consent was obtained through deceit and there was
4. Lewd design is present in a hurried marriage therefore no valid consent, the crime is forcible
ceremony by force, where the marriage is abduction, as the deceit may be considered as
constructive force. The second element, lewd
merely an artifice by which the accused sought
design, was established by the actual rapes.
to escape the criminal consequences of his (People v. Caraang, G.R. No. 148424- 27)
acts.
5. The husband may not be held liable for the Forcible abduction with rape
abduction of his wife as lewd design is wanting. The facts show that after raping the victim, the
6. If there are several defendants, it is enough that offender continued to detain her and refused to
one of them had lewd designs and the others release her. Thus, although the initial abduction may
knew about it. have been absorbed by the crime of rape, the
7. Nature of crime: against liberty, honor and continued detention after the rape cannot be
reputation, and public order (but under the RPC deemed absorbed in it. Likewise, since the detention
continued after the rape had been completed, it
title on Crimes against Chastity)
cannot be deemed a necessary means for the crime
8. There must be only one complex crime of of rape. (People v. Concepcion, G.R. No. 214886)
forcible abduction with (one) rape. Subsequent
rapes committed should be considered Age and Reputation of the victim are immaterial
independent of the abduction. in:
9. Conviction for acts of lasciviousness is not a bar 1. Rape;
to conviction for forcible abduction. 2. Acts of lasciviousness against the will or without
the consent of the offended party;
Forcible Abduction v. Grave Coercion v. 3. Qualified seduction of sister or descendant; and
Kidnapping 4. Forcible Abduction
1. Presence of lewd design makes it forcible
abduction. Art. 343. Consented Abduction
2. When there is no lewd design and no Abduction of a virgin over twelve years and under
deprivation of liberty, it is coercion. eighteen years of age, carried out with her
3. There is kidnapping and serious illegal consent and with lewd designs
detention if there was deprivation of liberty with
no lewd design. Elements: (4)
4. If there was violent taking of the woman 1. That the offended party must be a virgin (not
motivated by lewd design and the victim was necessarily in a physical sense, since the term
raped, the crime committed is forcible abduction includes virtuous women of good reputation);
with rape instead of kidnapping with rape. 2. That she must be over 12 and under 18 years
Attempt to rape is absorbed in the crime of of age;
forcible abduction. 3. That the taking away of the offended party must
be with her consent, after solicitation or cajolery
Forcible Abduction and Corruption of Minors, from the offender; and
Distinguished 4. That the taking away of the offended party must
FORCIBLE CORRUPTION be with lewd designs.
ABDUCTION OF MINORS
If the minor was If the purpose of Notes:
abducted by the abduction is to lend her 1. If the virgin is under 12 years of age, the crime
accused with lewd to illicit intercourse with committed is forcible abduction, even if the girl
design on his part others consented to the elopement.
2. The abduction of the victim need not be with
Distinguished from rape some character of permanence.
1. If there was abduction but the resistance of the 3. The victim need not be taken from her house. It
woman to the alleged rape was not tenacious, is sufficient that the abductor was instrumental
the accused would be guilty only of abduction. to her escape.
2. Rape may absorb forcible abduction if the main 4. There can be consented abduction with rape.
objective was to rape the victim.
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Chapter 5: Provisions Relative to the Preceding rape or acts of lasciviousness. Pardon in

Chapters of Title Eleven seduction must also come before the institution
of criminal action.
Art. 344. Prosecution of the Crimes of Adultery,
Concubinage, Seduction, Abduction, and Acts Pardon By Parents, Grandparents or Guardian
of Lasciviousness Must Be Accompanied by the Express Pardon of
1. Adultery and concubinage must be the Girl Herself
prosecuted upon complaint signed by the Pardon must be granted directly by the offended
offended spouse. party and it is only when she is dead or otherwise
2. Seduction, abduction, or acts of incapacitated to grant it, that her parents,
lasciviousness must be prosecuted upon grandparents or guardian may do so for her. (U.S.
v. Luna, 1 Phil. 360)
complaint signed by:
i. offended party, Art. 345. Civil Liability of Persons Guilty of
ii. her parents, Crimes against Chastity
iii. grandparents, or
iv. legal guardians. Notes:
*In the order in which they are named above. 1. The adulterer and concubine in the case
provided for in Articles 333 and 334 may also
Effect of Marriage be sentenced, in the same proceeding or in a
General Rule: Marriage in good faith of the offender separate civil proceeding, to indemnify for
with the offended party extinguishes the criminal
damages caused to the offended spouse.
action or remits the penalty already imposed upon
him. This applies as well to accomplices and 2. There is no civil liability for Acts of
accessories-after-the-fact. Lasciviousness.
Exception: In case of rape, marriage extinguishes 3. Moral damages may be awarded to the
the criminal action only as to the principal but not as offended party, and her parents, for seduction,
to the accomplices and accessories. This rule also abduction, rape, other lascivious acts (Art. 2219
does not apply to parties guilty of concubinage and Civil Code).
adultery. 4. In multiple rapes by multiple offenders, all of
them must support offspring. No one may be
Notes: made to acknowledge his offspring.
1. Art. 344 was enacted “out of consideration for
5. The offender in a rape case who is married is
the offended woman and her family who might
no longer prohibited from acknowledging his
prefer to suffer the outrage in silence rather than
offspring because, since the child is illegitimate,
go through with the scandal of a public trial.”
the Family Code automatically confers parental
2. Rape is now a crime against persons, and thus,
authority to the mother. He can, however, only
may be prosecuted de oficio or upon complaint
be sentenced to indemnify the victim and
of any person.
support his offspring. The amount and terms of
3. In adultery and concubinage, both offenders
support should be determined only after due
must be included in the complaint, even if only
notice and hearing.
one is guilty.
6. Only indemnity is allowed in rape of a married
4. When the offended party is of age and is in
woman. The defendant cannot be sentenced to
complete possession of her mental and physical
acknowledge and support the offspring.
faculties, she alone can file the complaint
(applies to crimes against chastity). Art. 346. Liability of Ascendants, Guardians,
Teachers, or Other Persons Entrusted with
Pardon in Crimes against Chastity
Custody of Offended Party
1. Express or implied pardon by the offended
party is a bar to prosecution for adultery or
Provision is applicable to the following crimes:
concubinage. However, pardon must extend to 1. Rape
both offenders and must come before the 2. Acts of lasciviousness
institution of the criminal action. 3. Qualified seduction
2. Express pardon by the offended party or other 4. Simple seduction
persons named in the law, as the case may be,
is a bar to prosecution for seduction, abduction,
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5. Acts of lasciviousness with consent of the shall cooperate in the execution of any of the acts
offended party aforementioned
6. Corruption of minors
7. White slave trade Punishable Acts: (SSC) (3)
8. Forcible abduction 1. Simulation of births,
9. Consented abduction 2. Substitution of one child for another, or
3. Concealing or abandoning any legitimate
Other instance when accomplice is punished as child with intent to cause such child to lose its
principal: civil status.
Anyone who shall furnish the place for the
perpetration of slight illegal detention shall receive Elements of Simulation of Births:
the same penalty for the crime. (REYES, BOOK TWO, 1. Through the offender’s efforts, a child is
p.998, Art. 268 par. 2) baptized or registered in the Registry of Birth
as the offender’s;
Compare Prosecution For Acts Of 2. The offender’s purpose was to cause the loss
Lasciviousness Under Art. 336 of the RPC and
of any trace as to the child’s true filiation; and
R.A. 7610, As Amended
3. Thus, the child loses its real status and
If the acts constituting sexual assault are committed
against a victim under 12 years of age or is acquires a new one
demented, the nomenclature of the offense should
now be "Sexual Assault under paragraph 2, Article Elements of Concealing or Abandoning any
266-A of the RPC in relation to Section 5 (b) of R.A. legitimate child with the intent to cause such
No. 7610" and no longer '"Acts of Lasciviousness child to lose its civil status:
under Article 336 of the RPC in relation to Section 5 1. The offender conceals or abandons a child;
(b) of R.A. No. 7610," because sexual assault as a 2. The child is legitimate in status, fully developed
form of acts of lasciviousness is no longer covered and a living being; and
by Article 336 but by Article 266-A (2) of the RPC, 3. The offender has the intent to cause the child
as amended by R.A. No. 8353. Nevertheless, the to lose its civil status
imposable penalty is still reclusion temporal in its
medium period, and not prision mayor. The penalty Notes:
imposed is likewise modified to reclusion temporal 1. In simulation, the person’s civil status must be
in its medium period instead of prision mayor as altered.
prescribed in Article 266-A, paragraph 2 of the
2. Simulation involves a woman pretending to be
Revised Penal Code. (People v. Sumayod y Osano,
G.R. No. 230626) pregnant when in fact she is not. The woman
who simulates birth and the woman who
—end of topic — furnishes the child are both responsible as
principals.
3. The fact that the child will be benefited by the
K. CRIMES AGAINST CIVIL STATUS OF simulation of birth is not a defense since it
PERSONS creates a false status to the detriment of the
members of the family to which the child is
Chapter 1: Simulation of Births and Usurpation introduced.
of Civil Status 4. A father who sells his child is not liable for
“abandonment” under this article. The practice
Art. 347. Simulation of Births, Substitution of of abandoning newly-born infants and very
One Child for Another, and Concealment or young children at the doors of hospitals,
Abandonment of a Legitimate Child churches, and other religious institutions, which
Any person who shall conceal or abandon any was formerly well known in Spain, is what the
legitimate child with intent to cause such child to act of “abandonment” contemplates.
lose its civil status, or conceal or abandon any
legitimate child, with intent to cause such child to
lose its civil status,
Any physician or surgeon or public officer who, in

violation of the duties of his profession or office,
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Abandoning a Legitimate Child and Abandoning Notes:

Minor under Art. 276, Distinguished 1. The crime of bigamy does not fall within the
ABANDONING A ABANDONING A category of private crimes or crimes that cannot
CHILD (ART. 347) MINOR (ART. 276) be prosecuted de oficio. Hence, it can be
The offender is any The offender must be prosecuted even without the initiative of the
person. one who has custody offended party.
of the child. 2. The fact that the first marriage is void from the
The purpose is to The purpose is to avoid
beginning is not a defense in a bigamy charge.
cause the child to lose the obligation of
its civil status. rearing and caring for There is a need for judicial declaration of the
the child. nullity of the first marriage. Similarly, there must
also be a summary proceeding to declare the
Art. 348. Usurpation of Civil Status absent spouse presumptively dead for
Any person who shall usurp the civil status of purposes of remarriage.
another, should he do so for the purpose of 3. Even if the first marriage was subsequently
defrauding the offended party or his heirs annulled, there is bigamy if the second marriage
took place during the existence of the first
Usurpation of civil status is committed by a marriage. In such a situation, the validity of the
person who assumes the filiation, or the parental or first marriage is not a prejudicial question to the
conjugal rights, of another. liability of bigamy.
4. The validity of the second marriage is a
Notes: prejudicial question to the liability for bigamy.
1. Criminal intent of the offender to enjoy the civil However, in Tenebro v CA, GR No. 150578, the
rights of another/the individual impersonated,
SC held that the nullity of the second marriage
knowing he is not entitled thereto, is necessary is immaterial in a prosecution for the crime of
to constitute this crime.
bigamy. “A plain reading of [Art. 349] would
2. Qualifying Circumstance: purpose of the indicate that the provision penalizes the mere
impersonation is to defraud the offended party
act of contracting a second or subsequent
or his heirs. marriage during the subsistence of a valid
3. This article includes usurpation of profession. marriage. xxx [T]here is no cogent reason for
4. It is absolutely necessary that there is intent to distinguishing between a subsequent marriage
enjoy the rights arising from the civil status of
that is null and void purely because it is a
the person impersonated.
second marriage, and a subsequent marriage
that is null and void on the ground of
psychological incapacity, at least insofar as
Chapter 2: Illegal Marriages
criminal liability for bigamy is concerned.” (A
dissenting opinion from Justice Carpio and
Art. 349. Bigamy
others points out that the majority opinion
Any person who shall contract a second or
unduly disregards the fourth element of bigamy
subsequent marriage before the former marriage
has been legally dissolved, or before the absent and jurisprudence thereon.)
spouse has been declared presumptively dead by 5. One convicted for bigamy may be prosecuted
means of a judgment rendered in the proper for concubinage, as they are distinct offenses.
proceedings However, the second spouse is not necessarily
liable for bigamy.
Elements: (4) 6. One who falsely vouches for the capacity to
1. That the offender has been legally married; marry of either of the contracting parties,
2. That the marriage has not been legally knowing that one of the parties is already
dissolved or, in case his or her spouse is married, is an accomplice.
absent, the absent spouse could not yet be 7. If the accused, in contracting the second
presumed dead according to the Civil Code; marriage, acted on the honest belief that he was
3. That he or she contracts a second or lawfully divorce from his first wife, he is liable for
subsequent marriage; and bigamy through reckless imprudence. (REYES,
4. That the second or subsequent marriage has all BOOK TWO, p.1010, citing People v.
the essential requisites for validity. Schneckenburger, C.A., G. R. No. 2457)
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8. A pardon by the offended party does not marriage having been lawfully dissolved. The felony
extinguish the criminal action, considering that is consummated on the celebration of the second or
bigamy is a public offense which can be subsequent marriage. It is essential in a prosecution
denounced not only by the person affected for bigamy that the alleged second marriage, having
thereby but even by a civic-spirited citizen who all the essential requirements, would be valid were
it not for the subsistence of the first marriage.
may come to know the same.
(Manuel v.People, G.R. No. 165842)
9. The false application for a marriage license
which the person guilty of bigamy swore to, The second or subsequent marriage contemplated
although felonious, should be considered under Article 349 of the RPC is a marriage entered
absorbed in the crime of bigamy since it is a into under the law. It is essential in the prosecution
routine step in contracting any marriage. for bigamy that the alleged second marriage, having
10. The 15-year prescriptive period for the crime of all the essential requirements, would be valid were
bigamy must be counted from the date of the it not for the subsistence of the first marriage.
discovery of the second marriage by the Religious marriages are recognized in and may be
offended spouse. governed by our laws only if they conform to legal
requirements. Religious marriages that lack legal
requirements are invalid. They are not considered
Effect of Divorce
entered into under the law. X’s marriage was
1. Divorce granted by a foreign court has no
conducted without the authority of a solemnizing
effect. Residence is not sufficient to confer officer, making it void. Therefore, it cannot be
jurisdiction on the court of that state. This considered as the subsequent marriage
applies to those domiciled in the Philippines contemplated in the RPC. (Perfecto v. Esidera, A.M.
although they contracted marriage elsewhere. No. RTJ-15-2417 (Resolution), July 22, 2015)
2. Divorce obtained abroad by alien spouse
which capacitates him or her to remarry The law provides that a judicial declaration of nullity
shall likewise restore the Filipino spouse’s is indispensable for the purposes of remarriage. In
capacity to remarry under Philippine Law. the case of Teves v. People, it was settled that a
(Art. 26[2], Family Code) declaration of the absolute nullity of a marriage is
now explicitly required either as a cause of action or
a ground for defense. Where the absolute nullity of
Burden of Proof in Bigamy
a previous marriage is sought to be invoked for
1. Once the prosecution has established that the
purposes of contracting a second marriage, the sole
defendant was already married at the time he basis acceptable in law for said projected marriage
contracted the second marriage, the burden of to be free from legal infirmity is a final judgment
proof to show the prior dissolution of the first declaring the previous marriage void. X cannot claim
marriage is upon the defense. to have been in good faith in assuming that there
2. When a person marries twice, the second was no legal impediment for him to remarry based
marriage is presumed valid and the former one merely on the National Statistics Office's issuance
is presumed to have been dissolved by death or of a Certificate of No Marriage Record. Based on X
divorce. But this presumption may yield to and Y’s Marriage Certificate, along with the photos
circumstances. of the wedding ceremony, they were indeed
married. (Jumaquio v. People, GR 224742).
Jurisprudence:
Art. 350. Marriage Contracted against
The mere private act of signing a marriage contract
bears no semblance to a valid marriage and, thus, Provisions of Laws
needs no judicial declaration of nullity. Such act Any person who, without being included in the
alone, without more, cannot be deemed to constitute provisions of the next proceeding article, shall
an ostensibly valid marriage for which petitioner contract marriage knowing that the requirements
might be held liable for bigamy unless he first of the law have not been complied with or that the
secures a judicial declaration of its nullity before he marriage is in disregard of a legal impediment
contracts a subsequent marriage. (Morigo v.
People, G.R. No. 145226) Elements: (2)
1. That the offender contracted marriage; and
For the accused to be held guilty of bigamy, the 2. That he knew at the time that:
prosecution is burdened to prove the following: (a) a. Requirements of law were not complied
he/she has been legally married; and (b) he/she with, or
contracts a subsequent marriage without the former
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b. The marriage was in disregard of a legal Note:

impediment. The offender must be authorized to solemnize
marriages.
Qualifying circumstance: if either of the
contracting parties obtains the consent of the other —end of topic —
by means of violence, intimidation or fraud.
Requirements of the Law for Valid Marriage:

(Arts. 2 and 3 of the Family Code)
1. Legal capacity of the contracting parties who
must be male and female;
2. Consent freely given in the presence of the
solemnizing officer;
3. Authority of the solemnizing officer;
4. A valid marriage license, except in marriages of
exceptional character; and
5. A marriage ceremony which takes place with
the appearance of the contracting parties
before the solemnizing officer and their
personal declaration that they take each other
as husband and wife in the presence of not less
than two witnesses of legal age
Notes:
1. Uncles and nieces cannot marry because their
relationship is a legal impediment. (REYES,
BOOK TWO, p.1018)
2. Conviction for violation of Art. 350 involves
moral turpitude. The convicted respondent is
thus disqualified from being admitted into the
Bar.
3. The offender must not be liable for bigamy.
Art. 351. Premature Marriages
Note:
Art. 351 has been repealed by Republic Act. No.
10655, An Act Repealing the Crime of Premature
Marriages. (REYES, BOOK TWO, p.1019)
Art. 352. Performance of Illegal Marriage

Ceremony
Priests or ministers of any religious denomination
or sect, or civil authorities who shall perform or
authorize any illegal marriage ceremony
Punishable Act
Performance or authorization, by a priest or minister
of any religious denomination or sect or by civil
authorities, of any illegal marriage ceremony
Exception
A clergyman who performed a marriage ceremony
without knowledge of the minority age of one of the
parties, is not liable.
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L. CRIMES AGAINST HONOR Notes:

1. There is no distinction between calumny, insult
Chapter 1: Libel and libel. All kinds of attack against honor and
reputation are punished by the RPC provisions
Section 1. – Definition, Forms, and Punishment on defamation.
of this Crime 2. Malice is presumed to exist in injurious
publications.
Art. 353. Definition of Libel/Defamation 3. Defamatory remarks directed at a group of
Libel - Public and malicious imputation of a
persons are not actionable unless the
crime, or a vice or defect, real or imaginary, or
statements are all-embracing or sufficiently
any act, omission, condition, status or
circumstance tending to cause the dishonor, specific for each victim to be identifiable.
discredit or contempt of a natural or juridical 4. The meaning of the writer is immaterial in
person, or to blacken the memory of one who is determining defamation.
dead. It must be committed through any of the 5. In libel, the false accusation need not be made
acts enumerated in Art. 355. under oath. It is perjury which requires that the
false accusation is made under oath.
Defamation may be libel or slander. Defamation is 6. Seditious libel is punished under Article 142.
the proper term for libel as used in Art. 353. 7. Imputation of criminal intention is not libelous.
8. There are as many counts of libel as there are
Elements:
persons defamed.
1. That there must be an imputation of a crime, or
of a vice or defect, real or imaginary, or any act,
Generally, the person libeled must be identified.
omission, condition, status, or circumstance But the publication need not refer by name to the
(defamatory imputation); libeled party. If not named, it must be shown that the
2. That the imputation must be made publicly; description of the person referred to in the
3. That it must be malicious; defamatory publication was sufficiently clear so that
4. That it must be directed at a natural or juridical at least one third person would have identified the
person, or one who is dead; and offended party.
5. That it must tend to cause the dishonor,
discredit or contempt of the person defamed Presumption of Publication
To presume publication, there must be a reasonable
probability that the alleged libelous matter was
Publication is the communication of the defamatory
thereby exposed to be read or seen by third
matter to some third person/s (not to the offended
party or not just to him/her). persons.
Criteria to determine whether statements are

Kinds of Malice
1. Malice in Law is presumed from a defamatory defamatory:
1. In determining whether a statement is
imputation. Proof of malice is not required;
defamatory, the words used are construed in
malice may be taken for granted as attending
their entirety and taken in their plain, natural and
the imputation in view of the grossness of the
ordinary meaning as they would naturally be
imputation.
understood by persons reading them, unless it
2. Malice in Fact is actual malice or ill-will, which
appears that they were used and understood in
must be proved. It may be shown by proof of ill-
another sense. (Novicio v. Aggabao, G.R. No.
will, hatred or purpose to injure.
141332)
2. Whether the words used are calculated to
When does Malice in Fact apply?
Malice in fact must be proved whenever the induce the readers to suppose and understand
defamatory imputation appears in a privileged that the person against whom they are uttered
communication. were guilty of certain offenses, or are sufficient
to impeach their honesty, virtue or reputation, or
to hold the person up to public ridicule. (U.S. v.
When does the presumption of Malice in law O’Connell, 37 Phil.767) and
disappear? 3. Words are construed not only as to the
Upon proof established of good intention and expression used but also with respect to the
justifiable motive
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whole scope and apparent object of the writer. b. That there is no reasonable ground for
(People v. Encarnacion, C.A., 48 O.G. 1817) believing the charge to be true
Any imputation will be sufficient if it tends to Fair and true report of official proceedings,
cause: made in good faith, without any comments
1. Dishonor – disgrace, shame or ignominy and remarks
2. Discredit – loss of credit or reputation;
disesteem Requisites:
3. Contempt – state of being despised a. That the publication of a report of an official
4. Blackening of the memory of the dead proceeding is a fair and true report of judicial,
legislative, or other official proceedings which
Art. 354. Requirement for Publicity are not of confidential nature, or of a statement,
report, or speech delivered in said proceedings,
Kinds of Privileged Communication: or of any other act performed by a public officer
1. Absolutely Privileged – not actionable even if in the exercise of his functions;
the actor has acted in bad faith; and b. That it is made in good faith; and
2. Qualifiedly Privileged – those which, although c. That it is made without any comments or
containing defamatory imputations, are not remarks
actionable unless made with malice or bad faith
Doctrine of Fair Comment
General rule: Every defamatory imputation is Fair commentaries on matters of public interest are
presumed malicious, even if it be true, if no good also qualifiedly privileged and constitute a valid
intention and justifiable motive for making it is defense in an action for libel or slander.
shown.
However, the presumption of malice is rebutted if it Malice in fact is the intention to injure the reputation
is shown by the accused that: of the offended party, which may be spawned by
1. The defamatory imputation is true, in case the rivalry, grudges or ill-feeling existing at the date of
law allows proof of the truth of the imputation; publication and motivated by hate and revenge, .
2. It is published with good intention; and
3. There is justifiable motive for making it. Malice in fact may be proved or shown by:
1. Extrinsic evidence that the defendant bore a
Exceptions to the foregoing general rule (that is, grudge against the offended party; or
when malice is not presumed from a defamatory 2. That there was rivalry or ill-feeling between
imputation): them which existed at the date of the publication
of the defamatory imputation; or
Private communication in performance of 3. That the defendant had an intention to injure the
any legal, moral or social duty reputation of the offended party as shown by the
words used and the circumstances attending
Requisites:
the publication of the defamatory imputation
a. That the person who made the communication
had a legal, moral or social duty to make the
Notes:
communication or at least an interest to be 1. Prosecution must prove malice in fact to convict
upheld; legal duty presupposes a provision of the accused in case of qualifiedly-privileged
law conferring upon the accused the duty to communication.
communicate; 2. Absolutely privileged communications are not
b. That the communication is addressed to an actionable even if done in bad faith. This covers
officer or a board, or superior, having some statements made by members of Congress in
interest or duty on the matter; and discharge of functions, and judicial proceedings
c. That the statements in the communication are when pertinent and relevant to subject of
made in good faith without malice in fact inquiry.
The defense of privileged communication will be 3. Unnecessary publicity destroys good faith.
rejected if it shown by the prosecution or the plaintiff:
Defense of privileged communication in
a. That the defendant acted with malice in fact,
paragraph 1 of Art. 354 will be rejected if it is
or
shown that the accused acted with malice and
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there is no reasonable ground for believing the 3. lithography;

charge to be true. 4. engraving;
4. Privileged communication may be found in a 5. radio;
public document. 6. phonograph;
5. That the statement is a privileged 7. painting;
communication is a matter of defense. 8. theatrical exhibitions;
6. Statements made in self defense or in mutual 9. cinematographic exhibitions; or
controversy are often privileged. The person 10. any similar means.
libeled is justified to hit back with another libel.
However, retaliation and vindictiveness cannot Notes:
be the basis of self-defense in defamation. Self- 1. The law provides “or any similar means”, which
defense must be on matters related to the easily qualifies television as such a species or
specific defamatory imputations cast upon the category. Defamation made in a television
person invoking the defense. program is libel. Also included are pictures.
7. Defamatory remarks and comments on the 2. Defamation through an amplifier is not libel, but
conduct or acts of public officers which are oral defamation (slander).
related to the discharge of their official duties 3. The penalty prescribed is in addition to civil
will not constitute libel if defendant proves the liability.
truth of imputation. However, any attack upon 4. Libel may be absorbed in the crime of threats if
private character on matters not related to the the intent to threaten is the principal aim and
discharge of official duties may be libelous. object.
8. Similarly, the mental, moral and physical fitness
of a candidate for public office may be subject Jurisprudence:
to criticism. Criticism deals only with such things Whether emailing is sufficiently “public” as required
as shall invite public attention or call for public by Articles 353 and 355 of the RPC and the Anti-
comment. It does not follow a public man into Cybercrime Law, is a matter of defense that should
be properly raised during trial. While grievances,
his private life and domestic concerns. (REYES,
channeled through proper public authorities, has a
BOOK TWO, p.1051) degree of protected freedom of speech, the scope
and extent of that protection cannot be grounded in
Jurisprudence abstractions. The facts of the case need to be
A public figure has been defined as a person who, proven by evidence. (Dio v. People, G.R. No.
by his accomplishments, fame, or mode of living, or 208146)
by adopting a profession or calling which gives the
public a legitimate interest in his doings, his affairs, Art. 356. Threatening to Publish Libel and Offer
and his character, has become a 'public personage.'
to Prevent such Publication for a Compensation
He is, in other words, a celebrity. Obviously to be
included in this category are those who have Any person who threatens another to publish a
achieved some degree of reputation by appearing libel concerning him or the parents, spouse, child,
before the public, as in the case of an actor, a or other member of the family of the latter, or
professional baseball player, a pugilist, or any other anyone who shall offer to prevent the publication
entertainer. The list is, however, broader than this. It of such libel for a compensation or money
includes public officers, famous inventors and consideration
explorers, war heroes and even ordinary soldiers,
an infant prodigy, and no less a personage than the Punishable acts:
Grand Exalted Ruler of a lodge. It includes, in short, 1. By threatening another to publish a libel
anyone who has arrived at a position where public concerning him, or his parents, spouse, child, or
attention is focused upon him as a person. other members of his family; or
(Guingguing v. CA, G.R. No. 128959) 2. By offering to prevent the publication of such
libel for compensation, or money consideration
Art. 355. Libel by Means of Writings or Similar
Means Blackmail is any unlawful extortion of money by
The means by which libel may be committed threats of accusation or exposure. It is possible to
are by: charge such acts in the crimes of light threats (Art.
1. writing; 283) and in threatening to publish libel (Art. 356).
2. printing;
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Art. 357. Prohibited Publication of Acts Referred offended party, constitutes only a light felony.
to in the Course of Official Proceedings (Villanueva v. People, G.R. No. 160351)
Any reporter, editor or manager of a newspaper, 3. If the utterances were made publicly and were
daily or magazine, who shall publish facts heard by many people and the accused at the
connected with the private life of another and same time pointed his finger at the complainant,
offensive to the honor, virtue and reputation of oral defamation is committed.
said person, even though said publication be 4. The slander need not be heard by the offended
made in connection with or under the pretext that party.
it is necessary in the narration of any judicial or
administrative proceedings wherein such facts
Art. 359. Slander by Deed
have been mentioned
Any person who shall perform any act not
Elements: (3) included and punished in this title, which shall
1. That the offender is a reporter, editor or cast dishonor, discredit or contempt upon
another person
manager of a newspaper, daily or magazine;
2. That he publishes facts connected with the
Elements: (3)
private life of another; and 1. That the offender performs any act not included
3. That such facts are offensive to the honor, virtue in any other crime against honor;
and reputation of said person. 2. That such act is performed in the presence of
other person/s; and
Notes:
3. That such act casts dishonor, discredit or
1. The prohibition to publish such facts applies
contempt upon the offended party/ies
even if such publication is made in connection
with or under the pretext that it is necessary in
Notes:
the narration of any judicial or administrative 1. Slander by Deed may either be simple or grave,
proceedings in which such facts have been depending upon the nature of the deed.
mentioned. 2. Pointing a dirty finger constitutes simple slander
2. Art. 357 constitutes the “Gag Law” which bars by deed, it appearing from the factual milieu of
from publication news reports on cases the case that the act complained of was
pertaining to adultery, divorce, issues about the employed "to express anger or displeasure" at
legitimacy of children, etc. complainant. While it may have cast dishonor,
3. The identities of individuals who are sources of discredit or contempt upon complainant, said
news report may not be revealed unless the act is not of a serious nature.
courts or Congress hold that such revelation is 3. Cursing, however, has been held not
demanded by the security of the State. constitutive of slander by deed, though
depending on the environmental circumstances
Art. 358. Slander/ Oral Defamation
when uttered.
Kinds of Oral Defamation:
Seriousness of slander by deed depends on:
1. Grave Slander - defamation is of a serious and
1. The social standing of offended party;
insulting nature; and
2. The circumstances surrounding the act; and
2. Simple Slander - light insult or defamation
3. The occasion
Factors that determine gravity of the offense:
Distinctions:
1. expressions used;
1. Unjust Vexation – causative of irritation or
2. personal relations of the accused and the
annoyance without justification
offended party;
2. Slander By Deed – with irritation or annoyance
3. circumstances surrounding the case; and
AND attendant publicity and dishonor or
4. social standing and position of the victim
contempt
3. Acts of Lasciviousness – with irritation or
Notes:
1. Words uttered in the heat of anger constitute annoyance AND any of the three circumstances
light oral defamation. provided in Art. 266-A on rape (i.e. use of force,
2. Uttering defamatory words in the heat of anger, threat or intimidation; deprivation of reason or
with some provocation on the part of the rendering the offended unconscious; use of
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fraudulent machination or grave abuse of would depreciate the seriousness of the

authority; or if offended party was under 12 offense, work violence on the social order, of
years old), together with lewd designs otherwise be contrary to the imperative of
justice.
Section 2. General Provisions 3. Should only a fine be imposed and the accused
be unable to pay the fine, there is no legal
Art. 360. Persons Responsible for Libel obstacle to the application of the Revised Penal
1. The person who publishes, exhibits or Code provision on subsidiary imprisonment.
causes the publication or exhibition of any
defamation in writing or similar means; Notes:
2. The author or editor of a book or pamphlet; 1. A complaint for defamation imputing a private
3. The editor or business manager of a daily crime (i.e. adultery, concubinage, seduction,
newspaper magazine or serial publication; abduction, and acts of lasciviousness) must be
and filed by the offended party.
4. The owner of the printing plant which 2. If the libel imputes a vice or defect and not a
publishes a libelous article with his consent, crime, it is always prosecuted upon information
and all other persons who, in any way, signed and filed by the fiscal.
participate in or have connection with its 3. The person who publishes a libelous letter
publication written by the offended party is liable
(publishing, not composing, is the prime
Venue of criminal and civil action for damages requisite of the crime).
in cases of written defamation (provides for 4. The liability of the editor is the same as that of
exclusive jurisdiction): the author.
1. Where the libelous article is printed and first 5. Limitations of venue: aimed at minimizing
published, or interference with public functions when the case
2. Where any of the offended parties actually involves a public officer, and avoiding
resides at the time of the commission of the unnecessary harassment of the accused by
offense, or limiting out-of-town libel suits.
3. Where one of the offended parties is a public 6. Exemplary damages may be awarded if actions
officer: are based on quasi-delict.
a. if his office is in the City of Manila, with the 7. Civil and criminal actions must be filed in the
RTC of Manila; otherwise, with the RTC of same court.
the city/province where he held office at the 8. No remedies - civil or criminal - for damages for
time of offense; slander or libel in case of absolutely privileged
b. or the city/province where the article was communication.
first published;
4. Where one of the offended parties is a private Art. 361. Proof of the Truth
individual, with the RTC of province/city where In every criminal prosecution for libel, the truth may
he actually resides at the time of the crime or be given in evidence to the court, and if it appears
where the article was printed or first published that the matter charged as libelous is true, and,
moreover, that it was published with good motives
Guidelines in the observance of a rule of and for justifiable ends, the defendants shall be
preference in the imposition of penalties in Libel acquitted.
Cases (Administrative Circular No. 08-2008)
1. This Administrative Circular does not remove Proof of the truth of an imputation of an act or
imprisonment as an alternative penalty for the omission not constituting a crime shall not be
crime of libel under Article 355 of the Revised admitted, unless the imputation shall have been
Penal Code. made against Government employees with respect
2. The Judges concerned may, in the exercise of to facts related to the discharge of their official
duties.
sound discretion, and taking into consideration
the peculiar circumstances of each case, In such cases if the defendant proves the truth of the
determine whether the imposition of a fine alone imputation made by him, he shall be acquitted.
would best serve the interests of justice or
whether forbearing to impose imprisonment
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Proof of Truth is Admissible only when (and Chapter 2: Incriminatory Machinations

notwithstanding the language used in the first
par. of Art. 361): Art. 363. Incriminating Innocent Person
1. The act or omission imputed constitutes a Any person who, by an act not constituting
crime, regardless of whether the offended party perjury, shall directly incriminate or impute to an
is a private individual or a public officer, or innocent person the commission of a crime
2. The offended party is a government employee,
even if the act or omission imputed does not Elements: (3)
constitute a crime, provided, it is related to the 1. That the offender performs an act;
discharge of his official duties. 2. That by such act he directly incriminates or
imputes to an innocent person the commission
Requisites for acquittal from a Libel charge: of a crime; and
1. It appears that the matter charged as libelous is 3. That such act does not constitute perjury.
TRUE (for situations 1 and 2 above); and
2. It was published with good motives and for a Two kinds of incrimination of an innocent
justifiable end. (for situation 1 only). person:
Notes: 1. Making a statement which constitutes:
1. The proof of the truth of the accusation cannot a. defamation, or
be made to rest upon mere hearsay, rumors, or b. perjury (if made under oath and is false);
suspicion but upon positive, direct evidence and
upon which a definite finding may be made by 2. Planting evidence.
the court.
2. An imputation that a person has a contagious Notes:
disease might, under ordinary circumstances 1. Art. 363 is limited to planting evidence and the
be defamatory but loses such character when like, which tend directly to cause false
made with good intention and justifiable motive. prosecution.
3. There is no libel when there is no malice. 2. Those who resort to incriminatory machinations
4. Retraction may mitigate the damages. If the do not avail themselves of written or spoken
article is libelous per se, publication due to words, unlike in defamation.
honest mistake is only mitigating. 3. There is a complex crime of Incriminating an
Innocent Person through Unlawful Arrest.
Art. 362. Libelous Remarks 4. The perpetrators of the tanim bala scheme in
airports are liable for violating both Article 363
Libelous remarks or comments connected with
the matter privileged under the provisions of of RPC and Section 38 of RA 10591
Article 354, if made with malice, shall not exempt (Comprehensive Firearms and Ammunition
the author thereof nor the editor or managing Regulation Act). See also Section 29 of RA
editor of a newspaper from criminal liability. 9165 (Comprehensive Dangerous Drugs Act of
2002)
Notes:
1. Libelous remarks or comments on privileged Incriminating an Innocent Person and Perjury,
matters (under Art. 354), if made with malice in Distinguished
fact, will not exempt the author and editor. PERJURY BY
INCRIMINATING AN
2. This article is a limitation to the defense of MAKING FALSE
INNOCENT PERSON
privileged communication. Even if a matter is ACCUSATION
privileged, if malice in fact was proved, the Performs act to directly Falsely incriminates/
incriminate someone imputates the crime
author and editor are liable.
for/impute to someone, falsely directly
3. The author and editor of publications who the commission of to/before an officer
distort, mutilate or discolor official proceedings crime
reported by them, or add comments thereon to Acts are such as Acts consist of making
cast aspersion on the characters of parties consist of planting false statements or
concerned, are guilty of libel. evidence and the like affidavits under oath
Penalty is Arresto Penalty is Arresto
Mayor Mayor maximum to
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Prision Correccional M. QUASI-OFFENSES

minimum period
Art. 365. Imprudence and Negligence
Reckless Imprudence: Anyone who voluntarily,
Art. 364. Intriguing against Honor but without malice, does or fails to do an act from
Making any intrigue which has, for its principal which material damage results by reason of
purpose, blemishing the honor or reputation of a inexcusable lack of precaution
person
Simple Imprudence or Negligence: Anyone who
How committed: voluntarily, but without malice, does or fails to do an
This felony is committed by any person who shall act from which material damage results by reason
make any intrigue with the principal purpose of of lack of precaution displayed in cases in which the
blemishing the honor or reputation of another impending damage caused is not immediate and the
person. It is committed by saying to others an danger is clearly manifest
unattributable thing, which, if it said to the person
himself, amounts to slander. Ways of committing Quasi-offenses
Notes: 1. By committing, through reckless imprudence,
1. Must be committed by means of some trickery any act which, had it been intentional, would
and secret plot, and not through gossiping, constitute a grave or less grave felony or light
which falls under defamation. felony;
2. Where the source or author of derogatory 2. By committing, through simple imprudence or
information cannot be determined and negligence, an act which would otherwise
defendant passes it to others, defendant’s act is constitute a grave or a less serious felony;
one of intriguing against honor. If it came from 3. By causing damage to the property of another
a definite source, slander is committed. through reckless imprudence or simple
imprudence or negligence; or
Intriguing against honor and Incriminating an 4. By causing, through simple imprudence or
Innocent Person, Distinguished
negligence, some wrong which, if done
INTRIGUING INCRIMINATING AN
maliciously, would have constituted a light
AGAINST HONOR INNOCENT PERSON
The offender resorts to The offender performs felony
an intrigue for the an act by which he
purpose of blemishing directly incriminates or Elements of Reckless Imprudence
the honor or reputation imputes to an innocent 1. That the offender does or fails to do an act;
of another person. person the commission 2. That the doing of or the failure to do that act is
of a crime. voluntary;
3. That it is without malice;
4. That material damage results;
Intriguing against honor and Slander, 5. That there is inexcusable lack of precaution on
Distinguished the part of the offender, taking into
INTRIGUING consideration: (1) his employment or
SLANDER
AGAINST HONOR occupation, (2) his degree of intelligence and
The source or author of The source of physical condition, and (3) other circumstances
the derogatory information can be regarding persons, time and place
information cannot be pinpointed and
determined and the definitely determined Elements of Simple Imprudence or Negligence
defendant borrows the and the defendant, 1. That there is lack of precaution on the part of
same and, without adopting as his own
the offender; and
subscribing to the truth the information he has
thereof, passes it to obtained, passes the 2. That the damage impending to be caused is not
others. same to another for the immediate or the danger is not clearly manifest
purpose of causing
dishonor to Notes:
complainant’s 1. Imprudence is deficiency of action, while
reputation. Negligence is deficiency of perception
2. Imprudence or Negligence is not a crime in
—end of topic — itself, but simply a way of committing a crime.
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However, in Ivler v Modesto-San Pedro, G.R. Last Clear Chance Rule

No. 172716, the SC declared that quasi- The contributory negligence of the injured party will
offenses are distinct species of crimes. not defeat the action if it is shown that the accused
3. Art. 64 of the RPC on mitigating and might, by the exercise of reasonable care and
aggravating circumstances is not applicable in prudence, have avoided the consequences of the
negligence of the injured party.
quasi- offenses.
4. In the technical term “Reckless Imprudence Doctrine of Pre-Emption in Vehicle Collisions
resulting in Homicide”, what is punished is not Although the driver of a motor vehicle crossing a
the act itself but the mental attitude or condition thru-street is supposed to wait along the intersection
behind the act. for the driver of another vehicle running along said
5. Negligence is a quasi-offense. What is thru- street, if the driver crossing the street had
punished is not the effect of the negligence but already reached the middle thereof, the other driver
the recklessness of the accused. travelling along the thru-street, although with a right
6. Contributory negligence of the offended party is of pre-emption, has the duty to stop his motor
not an absolute defense but only mitigates vehicle to avoid a collision.
criminal liability.
Emergency Rule
7. Violation of a rule or regulation or law is proof of A person confronted with an emergency may be left
negligence. with no time for thought and must make a speedy
8. There is no criminal liability for death or injuries decision based on impulse or instinct, and cannot be
to trespassers (e.g. stow-aways) caused by held liable for the same conduct as one who had the
recklessly negligent acts where the defendant is opportunity to reflect. This is applicable only when
not aware of their presence. the situation that arises is sudden, unexpected, and
is such as to deprive him of all opportunity for
Qualifying Circumstance in Quasi-Offenses deliberation.
The offender’s failure to lend on-the-spot assistance
to the victim of his negligence or abandoning one’s Ex. An automobile driver, who, by the negligence of
victim is usually punishable under Art. 275. another, is suddenly placed in an emergency and is
However, if the act is charged under Art. 365, it is compelled to act instantly to avoid a collision or
only a qualifying circumstance. If not alleged at all, injury, is not guilty of negligence if he makes a
it cannot even be considered as an aggravating choice which a person of ordinary prudence placed
circumstance. in such a position might make, even though he did
not make the wisest choice.
Test of Negligence
Did the defendant, in doing the alleged negligent Note:
act, use the reasonable care and caution which an The Emergency Rule cannot be applied to exempt
ordinary prudent person would have used in the him from liability, if there is proof of negligence on
same situation? If not, then he is guilty of his part. (REYES, BOOK TWO, p.1110)
negligence.
—end of topic —
Reckless Imprudence and Force Majeure.
Distinguished
RECKLESS FORCE
IMPRUDENCE MAJEURE
The immediate Pertains to events
personal harm or which could not be
damage to property is foreseen, or which,
perceivable and can be though foreseen, were
prevented by the inevitable. It implies an
exercise of reasonable extraordinary
care. The want of circumstance which is
reasonable care to independent of the will
prevent harm or of the actor.
damage constitutes
reckless imprudence.
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III. SPECIAL PENAL LAWS 3. Jurisdiction; Prosecution (Secs. 5 and 6)

4. Other Relevant Rules
F. ANTI-PHOTO AND VIDEO VOYEURISM ACT
TOPIC OUTLINE UNDER THE SYLLABUS OF 2009 (R.A. NO. 9995)
1. Definition Of Terms (Sec. 3)
A. ANTI-CHILD PORNOGRAPHY ACT OF 2009 a. Broadcast
(R.A. NO. 9775) b. Capture
1. Definition Of Terms (Sec. 3 a-c) c. Photo or Video Voyeurism
a. Child d. Under circumstances in which a
b. Child Pornography person has a reasonable
c. Explicit Sexual Activity expectation of privacy
2. Prohibited Acts (Sec. 4) 2. Prohibited Acts (Sec. 4)
3. Syndicated Child Pornography (Sec. 5) G. ANTI-PLUNDER ACT (R.A. NO. 7080, AS
B. ANTI-FENCING LAW OF 1979 (P.D. NO. 1612) AMENDED BY R.A. NO. 7659)
1. Definition of Terms (Sec. 2) 1. Definition Of Terms (Sec. 1)
2. Elements a. Public officer
3. Penalties (Sec. 3) b. Government
4. Liability of Officials of Juridical Persons c. Person
(Sec. 4) d. Ill-gotten wealth
5. Presumption of Fencing; Exception (Sec. 5 e. Combination
and 6) f. Series
C. ANTI-GRAFT AND CORRUPT PRACTICES g. Pattern
ACT (R.A. NO. 3019, AS AMENDED BY R.A. h. Overall unlawful scheme
NO. 3047, P.D. NO. 677, P.D. NO. 1288, B.P. 2. Elements (Sec. 12. R.A. No. 7659)
BLG. 195 AND R.A. NO. 10910) 3. Prescription (Sec. 6, R.A. No. 7080)
1. Definition of Terms (Sec. 2) 4. Other Relevant Rules
a. Government H. ANTI-TORTURE ACT OF 2009 (R.A. NO. 9745)
b. Public Officer 1. Elements (Sec. 3)
c. Receiving any gift 2. Acts of Torture (Sec. 4 and 5)
2. Punishable Acts (Sec. 4) a. Physical Torture
3. Prohibition on Individuals (Secs. 4 to 6) b. Mental/Psychological Torture
a. Private Individuals c. Other cruel, inhuman and
b. Certain Relatives degrading treatment of
c. Members of Congress punishment
4. Statement of Assets and Liabilities (Sec. 3. Persons Liable
7) 4. Prohibited Detention
5. Dismissal due to Unexplained Wealth 5. Applicability of Exlusionary Rule;
(Sec. 8) Exception
6. Other Relevant Issues (Sec. 8) 6. Applicability of Refouler
D. ANTI-HAZING ACT OF 2018 (R.A. NO. 8049, 7. Other Relevant Rules
AS AMENDED BY R.A. NO. 11053) I. ANTI-TRAFFICKING IN PERSONS ACT OF
1. Definition of Terms (Sec. 2) 2003 (R.A. NO. 9208, AS AMENDED BY R.A.
a. Hazing NO. 10364)
b. Organization 1. Definition of Terms (Sec. 3)
c. Initiation or initiation rites 2. Elements of Trafficking in Persons (Sec. 3)
2. Prohibition on Hazing (Sec. 3) 3. Punishable Acts (Sec. 4)
3. Regulation of School-based Initiation Rites 4. Attempted Trafficking (Sec. 4-A)
4. Liability of Officials of Juridical Persons 5. Liability of Accomplices, Accessories
5. Persons Liable (Secs. 4-B and 4-C)
6. Other Relevant Rules 6. Acts that promote Trafficking (Sec. 5)
E. ANTI-MONEY LAUNDERING ACT OF 2001 7. Qualified Trafficking (Sec. 6)
(R.A. NO. 9160) 8. Initiation and Prosecution of Cases (Sec.
1. Definition Of Terms (Sec. 3) 8)
a. Covered Institution 9. Prescriptive Period (Sec. 12)
b. Covered Transaction 10. Other Relevant Rules
c. Suspicious Transaction
d. Unlawful Activity
2. Money Laundering Offense (Sec. 4)
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J. ANTI-VIOLENCE AGAINST WOMEN AND A. ANTI-CHILD PORNOGRAPHY ACT OF

THEIR CHILDREN ACT OF 2004 (R.A. NO. 2009 (R.A. NO. 9775)
9262)
1. Definition of Terms (Sec. 3) 1. DEFINITION OF TERMS
2. Punishable Acts (Sec. 5)
3. Battered Woman Syndrome (Sec. 26)
4. Other Relevant Rules a. Child
K. ANTI-WIRETAPING ACT (R.A. NO. 4200) It refers to any person below 18 or over, but is
1. Prohibited Acts (Secs. 1 and 2) unable to fully take care of himself/herself from
2. Allowable Wiretapping (Sec. 3) abuse, neglect, cruelty, exploitation or
3. Inadmissibility (Sec. 4) discrimination because of a physical or mental
4. Other Relevant Rules disability or condition.
L. BOUNCING CHECKS LAW (B.P. BLG. 22)
1. Punishable Acts; Elements It shall also refer to –
2. Evidence of Knowledge of Insufficiency of a. Any person regardless of age who is
Funds presented, depicted or portrayed as a child;
3. Duty of Drawee and,
4. Defense against B.P. BLG. 22 b. Computer-generated, digitally or manually
5. Invalid Defense against B.P. BLG. 22 crafted images or graphics of a person who
M. COMPREHENSIVE DANGEROUS DRUGS is represented or who is made to appear to
ACT OF 2002 (R.A. NO. 9165, AS AMENDED be a child.
BY R.A. NO. 10640)
1. Definition of Terms
b. Child Pornography
2. Punishable Acts
It refers to any representation of a child engaged or
3. Chain of Custody
4. Plea Bargaining involved in real or simulated explicit sexual
activities.
N. CYBERCRIME PREVENTION ACT OF 2012
(R.A. NO. 10175) c. Explicit Sexual Activity
1. Definition of Terms This term includes actual or simulated –
2. Punishable Acts
3. Jurisdiction a. sexual intercourse or lascivious act
4. Other Relevant Rules including, but not limited to, contact
O. NEW ANTI-CARNAPPING ACT OF 2016 (R.A. involving genital to genital, oral to genital,
NO. 10883) anal to genital, or oral to anal, whether
1. Elements (Sec. 3) between persons of the same or opposite
2. Punishable Acts; Penalties (Secs. 3 and 4) sex;
3. Aggravating Circumstances resulting to b. bestiality;
the Denial of Bail (Sec. 3) c. masturbation;
4. Other Relevant Rules d. sadistic or masochistic abuse;
P. SPECIAL PROTECTION OF CHILDREN e. lascivious exhibition of the genitals,
AGAINST ABUSE, EXPLOITATION, AND buttocks, breasts, pubic area and/or anus;
DISCRIMINATION ACT (R.A. NO. 7610) or
1. Definition of Terms (Sec. 3) f. use of any object or instrument for
2. Punishable Acts (Secs. 5 and 10) lascivious acts
Q. SWINDLING BY SYNDICATE (P.D. NO. 1689) 2. PROHIBITED ACTS
1. Elements; Penalty
2. Other Relevant Rules It shall be unlawful for any person:
a. To hire, employ, use, persuade, induce or
coerce a child to perform in the creation or
production of any form of child pornography
b. To produce, direct, manufacture or create
any form of child pornography.
c. To publish, offer, transmit, sell, distribute,
broadcast, advertise, promote, export or
import any form of child pornography
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d. To possess any form of child pornography 3. SYNDICATED CHILD

with the intent to sell, distribute, publish, or PORNOGRAPHY
broadcast.
e. Willfully and intentionally providing a venue The crime of child pornography is deemed
for the commission of prohibited acts. committed by a syndicate if carried out by a
f. Distribution of any form of child group of three (3) or more persons conspiring or
pornography by film distributors, theaters confederating with one another. (Sec. 5)
and telecommunication companies, by
themselves or in cooperation with other
entities.
-- end of topic --
g. Assisting in any form of child pornography
by a parent or guardian.
h. Engaging in luring or grooming.
B. ANTI-FENCING LAW OF 1979 (PD NO.
"Luring" refers to the act of communicating, 1612)
by means of a computer system, with a
child or someone who the offender believes 1. DEFINITION OF TERMS
to be a child for the purpose of facilitating
the commission of a sexual activity or
a. Fencing
production of any form of child
It is the act of any person who, with intent to gain for
pornography.
himself or for another, shall buy, receive, possess,
keep, acquire, conceal, sell or dispose of, or shall
"Grooming" refers to the act of preparing a
buy and sell, or in any other manner deal in any
child or someone who the offender believes
article, item, object or anything of value which he
to be a child for a sexual activity or sexual
knows, or should be known to him, to have been
relationship by communicating any form of
derived from the proceeds of the crime of robbery or
child pornography. It includes online
theft. (Sec. 2)
enticement or enticement through any
other means.
b. Fence
i. Engaging in pandering of any form of child This includes any person, firm, association,
pornography. corporation or partnership or other organization
who/which commits the act of fencing. (Sec. 2)
"Pandering" refers to the act of offering,
advertising, promoting, representing or 2. ELEMENTS
distributing through any means any Elements of the crime of fencing:
material or purported material that is
intended to cause another to believe that 1. The crime of robbery or theft has been
the material or purported material contains committed;
any form of child pornography, regardless 2. The accused, who is not the principal or
of the actual content of the material or accomplice in the crime of robbery or theft,
purported material. buys, receives, possesses, keeps,
acquires, conceals, sells or disposes of, or
j. Willful access any form of child shall buy and sell, or in any other manner
pornography; deal in any article, item, object or anything
k. To conspire to commit any of the prohibited of value, which has been derived from the
acts stated in this section. Conspiracy to proceeds of the said crime;
commit any form of child pornography shall 3. The accused knows or should have known
be committed when two (2) or more that the said article, item, object or anything
persons come to an agreement concerning of value has been derived from the
the commission of any of the said proceeds of the crime of robbery or theft;
prohibited acts and decide to commit it; and and,
l. Possession of any form of child 4. There is, on the part of the accused, intent
pornography. (Sec. 4) to gain for himself or another. (Dizon-
Pamintuan v. People, G.R. No. 111426,
1994)
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All elements must be established beyond All stores, establishments or entities dealing in the
reasonable doubt buy and sell of any good, article, item, object or
Short of evidence establishing reasonable doubt of anything of value obtained from an unlicensed
the existence of the essential elements of fencing, dealer or supplier thereof, shall before offering
there can be no conviction for such offense… As the same for sale to the public, secure the
complainant reported no loss, [the Court] cannot necessary clearance or permit from the station
hold for certain that there was a committed crime of commander of the Integrated National Police of the
theft. The first element of the crime of fencing is town/city where it is located.
absent. (Tan v. People, G.R. No. 134298, 1999)
Failure to secure the clearance or permit herein
3. PENALTIES required shall upon conviction be punished as a
fence.
Value of property =
Penalty Factors that are to be considered in justifying the
x (in pesos)
12,000 < x ≤ 22,000 Prision mayor presumption include:
x > 22,000 Prision mayor,
a. the time and place of the sale, both of which
maximum + 1 year may not be in accord with the usual
for every additional practices of commerce;
P10,000, but shall not b. the nature and condition of the goods sold;
exceed 20 years and,
6,000 < x ≤ 12,000 Prision correccional, c. the fact that the seller is not regularly
medium to maximum engaged in the business of selling goods.
(Ong v. People, G.R. No. 190475, 2013)
200 < x ≤ 6,000 Prision correccional,
minimum to medium
50 < x ≤ 200 Arresto mayor, -- end of topic –
medium to prision
correccional,
minimum C. ANTI-GRAFT AND CORRUPT
Arresto mayor,
PRACTICES ACT (R.A. NO. 3019, AS
5 < x ≤ 50
medium AMENDED BY R.A. NO. 3047, P.D. NO.
x<5 Arresto mayor, 677, P.D. NO. 1288, B.P. BLG. 195 AND
minimum R.A. NO. 10910)
4. LIABILITY OF OFFICIALS OF 1. DEFINITION OF TERMS

JURIDICAL PERSONS
a. Government
If the fence is a partnership, firm, corporation or It includes the national government, the local
association, the president or the manager or any governments, the government-owned and
officer thereof who knows or should have known government-controlled corporations, and all
the commission of the offense shall be liable. (Sec. other instrumentalities or agencies of the
4) Republic of the Philippines and their branches.
5. PRESUMPTION OF FENCING; b. Public Officer

EXCEPTION (SECS. 5 & 6) It includes elective and appointive officials and
employees, permanent or temporary, whether in
the classified or unclassified or exempt service
General rule: Mere possession of any good, article,
receiving compensation, even nominal, from the
object or anything of value which has been subject
government as defined in the preceding
of robbery or thievery shall be prima facie evidence
subparagraph.
for fencing. (Sec. 5)
Exception: Possession of clearance/permit to c. Receiving any Gift

sell/use second hand articles (Sec. 6) It includes the act of accepting directly or indirectly
a gift from a person other than a member of the
public officer's immediate family, in behalf of himself
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or of any member of his family or relative within the d. Conspiracy by silence and inaction
fourth civil degree, either by consanguinity or occurs when the accused are all heads
affinity, even on the occasion of a family celebration of their respective offices that perform
or national festivity like Christmas, if the value of the interdependent functions in the
gift is under the circumstances manifestly processing of cash advances and,
excessive. (Sec. 2) exhibit an attitude of “buck- passing”
[the practice of shifting the
Unsolicited gifts or presents of small or responsibility for something to
insignificant value offered or given as a mere someone else] in the face of the
ordinary token of gratitude or friendship irregularities (Jaca v. People, G.R. No.
according to local customs or usage, shall be 166967, 2013)
excepted from the provisions of this Act. (Sec. 14) e. There is no identity nor necessary
inclusion between the crime of direct
2. PUNISHABLE ACTS bribery as defined and punished under
Art. 210 of the RPC and a violation of
In addition to acts or omissions of public officers Sec. 3(b) of R.A. No. 3019.
already penalized by existing law, the following shall
constitute corrupt practices of any public officer and The violation of Section 3 (b) of R.A.
are hereby declared to be unlawful: No. 3019 is neither identical nor
necessarily inclusive of direct bribery.
1. Persuading, inducing or influencing While they have common elements,
not all the essential elements of one
another public officer to perform an act
constituting a violation of rules and offense are included among or form
part of those enumerated in the other.
regulations duly promulgated by
competent authority or an offense in Whereas the mere request or demand
of a gift, present, share, percentage or
connection with the official duties of the
latter, or allowing himself to be benefit is enough to constitute a
violation of Section 3 (b) of R.A. No.
persuaded, induced, or influenced to
commit such violation or offense. 3019, acceptance of a promise or offer
or receipt of a gift or present is required
Note: The persuasion need not be
successful. in direct bribery. Moreover, the ambit of
Section 3 (b) of R.A. No. 3019is
specific. It is limited only to contracts or
2. Directly or indirectly requesting or receiving
transactions involving monetary
any gift, present, share, percentage, or consideration where the public officer
benefit, for himself or for any other person, has the authority to intervene under the
in connection with any contract or law. Direct bribery, on the other hand,
transaction between the Government and has a wider and more general scope:
any other part, wherein the public officer in (a) performance of an act constituting a
his official capacity has to intervene under crime; (b) execution of an unjust act
the law. which does not constitute a crime and
Notes: (c) agreeing to refrain or refraining from
a. Sec. 3(b) of R.A. No. 3019, refers to a doing an act which is his official duty to
public officer whose official intervention do.
is required by law in a contract or
transaction (Jaravata v. Although the two charges against
Sandiganbayan G.R. L-56170, 1984) petitioner stemmed from the same
b. Lack of “demand” is immaterial since transaction, the same act gave rise to
the provision uses the word “or” two separate and distinct offenses. No
between requesting and receiving. double jeopardy attached since there
c. There must be a clear intention on the was a variance between the elements
part of the public officer to take the gift of the offenses charged. (Merecillo v.
so offered and consider it as his or her People, G.R. No. 142369-70, 2007)
own property from then on. Mere f. An investigation conducted by a public
physical receipt is not sufficient that the officer is not considered as a “contract
crime has been committed. (Peligrino or transaction” within the ambit of Sec.
v. People G.R. 136266, 2001) 3(b) of R.A. No. 3019. A transaction,
like a contract, is one which involves
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some consideration as in credit slight care, acting or omitting to act

transactions and this elements in a situation where there is a duty
(consideration) is absent in to act, not inadvertently but willfully
investigations. (Soriano Jr. v. and intentionally with a conscious
Sandiganbayan, G.R. No. No. L- indifference to consequences in so
65952, 1984) far as other persons may be
affected (Fonacier v.
3. Directly or indirectly requesting or receiving Sandiganbayan, G.R. No. L-
any gift, present or other pecuniary or 50691, 1994)
material benefit, for himself or for another, e. The inclusion of all the modes of
from any person for whom the public officer, violating Section 3(e) of R.A. 3019
in any manner or capacity, has secured or in the charge sheet is not
obtained, or will secure or obtain, any equivalent to charging the accused
Government permit or license, in with 3 acts. The use of the three
consideration for the help given or to be phrases "manifest partiality,"
given, without prejudice to Section thirteen "evident bad faith" and "gross
of this Act. inexcusable negligence" in the
same information does not mean
4. Accepting or having any member of his that the indictment charges three
family accept employment in a private distinct offenses but only implies
enterprise which has pending official that the offense charged may have
business with him during the pendency been committed through any of the
thereof or within one year after its modes provided by the law
termination. (Fonacier v. Sandiganbayan, G.R.
No. L-50691, 1994)
5. Causing any undue injury to any party, f. There is no attempted or frustrated
including the Government, or giving any stage of the crime defined in Sec.
private party any unwarranted benefits, 3(e) of R.A. No. 3019.
advantage or preference in the discharge of g. The plain language of both
his official administrative or judicial Information indicate that X was
functions through manifest partiality, charged with violating Section 3
evident bad faith or gross inexcusable (e) of R.A. 3019 through the
negligence. This provision shall apply to modality of evident bad faith.
officers and employees of offices or Against and inconsistent with this
government corporations charged with the singular modality as charged,
grant of licenses or permits or other however, the Sandiganbayan's
concessions. conviction of X significantly
Notes: grounded its finding of fault on the
a. A violation of this provision may be discussion of X’s gross
committed either by dolo, as when negligence. Sandiganbayan
the accused acted with evident convicted X on the modality of
bad faith or manifest partiality, or gross inexcusable negligence,
by culpa as when the accused which is separate and distinct from
acted with gross inexcusable the modality of evident bad faith X
negligence (Jaca v. People, G.R. was charged with in the
No. 166967, 2013) Information. This stark variance,
b. Manifest Partiality – synonymous as correctly pleaded by X, is
with "bias" (Fonacier v. violative of his constitutional right
Sandiganbayan, G.R. No. L- to due process, specifically his
50691, 1994) right to be informed of the nature
c. Bad faith – imputes a dishonest of the accusation against him.
purpose or some moral obliquity (Buencamino v. People, G.R. Nos.
and conscious doing of a wrong; it 216745-46, 2020).
partakes of the nature of fraud h. Even if there were irregularities on
(Fonacier v. Sandiganbayan, G.R. the procurement, the
No. L-50691, 1994) establishment of the elements of
d. Gross negligence – negligence Section 3 (e) of R.A. 3019 beyond
characterized by the want of even reasonable doubt is indispensable
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for the prosecution of the said NCR for the years 1995 and 1994,
crime. For failing to establish all respectively (Macairan v. People,
the elements, the accused officers G.R. Nos. 215104, 215120,
is acquitted. (Martel v. People of 215147, 215212, 215354-55,
the Philippines, G.R. No. 224720- 215377, 215923 & 215541, 18
23 & , February 2, 2021.) March 2021).
i. There is no showing that the act of k. In other words, the
petitioner was done through Sandiganbayan's finding of
manifest partiality, evident bad evident bad faith and manifest
faith, or gross inexcusable partiality on the part of petitioners
negligence, or that she gave any was primarily anchored on the
unwarranted benefit, advantage or procurement of allegedly
preference to another, or that overpriced medicines without the
undue injury was caused to the benefit of a public bidding.
government. By the very language l. The third element of Section 3(e)
of Section 3, paragraph (e) of RA refers to two (2) separate acts,
3019, which defines "corrupt namely, when the accused’s acts
practices of public officers," the (a) cause undue injury to any
elements of manifest partiality, party, including the government;
evident bad faith, and gross or (b) gave any private party
inexcusable negligence and of unwarranted benefits, advantage,
giving unwarranted benefit, or preference in the discharge of
advantage or preference to his functions. Either act qualifies
another must go hand in hand with as a violation. (Villanueva vs.
a showing of fraudulent intent and People of the Philippines, G.R. No.
corrupt motives (Chung v. Office of 218652, 23 February 2022).
the Ombudsman, G.R. No. m. Public officers could not be held
239871, 18 March 2021). liable for the acts of their dishonest
j. Evident bad faith "contemplates a or negligent subordinates
state of mind affirmatively because they failed to personally
operating with furtive design or examine each detail of the
with some motive of self-interest or transaction before affixing their
ill will or for ulterior purposes." On signatures in good faith. (Arias v.
the other hand, partiality is Sandiganbayan, G.R. No. 81563,
synonymous with bias which 1989)
"excites a disposition to see and n. The doctrine in Arias is applicable
report matters as they are wished only to heads of offices who relied
for rather than as they are." There on their subordinates where the
is "manifest partiality" when there accused is charged with gross and
is a clear, notorious, or plain inexcusable negligence in
inclination or predilection to favor performing the duties primarily
one side or person rather than vested in him by law, resulting in
another. , petitioners were able to undue injury. The good faith of
show that their resort to direct heads of offices in signing a
purchase for the questioned document will only be appreciated
transactions was based on their if they, with trust and confidence,
honest belief that the same was have relied on their subordinates
warranted under the in whom the duty is primarily
circumstances. Petitioners lodged. (Sanchez v. People, G.R.
explained that the questioned No. 187340, 2013)
transactions were emergency
purchases, and following DOH- 6. Neglecting or refusing, after due demand or
NCR's policy of adopting the request, without sufficient justification, to
results of the previous winning act within a reasonable time on any matter
bidder, the subject medicines were pending before him for the purpose of
procured from Aegis and Lumar, obtaining, directly or indirectly, from any
who were the winning bidders in person interested in the matter some
the bidding conducted by DOH- pecuniary or material benefit or advantage,
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or for the purpose of favoring his own 8. Director or indirectly having financing or
interest or giving undue advantage in favor pecuniary interest in any business, contract
of or discriminating against any other or transaction in connection with which he
interested party. intervenes or takes part in his official
capacity, or in which he is prohibited by the
7. Entering, on behalf of the Government, into Constitution or by any law from having any
any contract or transaction manifestly and interest.
grossly disadvantageous to the same, Note: Actual intervention is required.
whether or not the public officer profited or
will profit thereby. 9. Directly or indirectly becoming interested,
Notes: for personal gain, or having a material
a. Determining whether the contract interest in any transaction or act requiring
was manifestly and grossly the approval of a board, panel or group of
disadvantageous is not merely which he is a member, and which exercises
based on consideration of the discretion in such approval, even if he votes
pecuniary amount involved. against the same or does not participate in
(Marcos v. Sandiganbayan, G.R. the action of the board, committee, panel or
No. 126995, 1998) group.
b. This partakes of the nature of
malum prohibitum (Go v. Interest for personal gain shall be
Sandiganbayan, G.R. No. 172602, presumed against those public officers
2007) responsible for the approval of manifestly
c. Section 3(g) of RA 3019 is for unlawful, inequitable, or irregular
PUBLIC OFFICERS ONLY. The transaction or acts by the board, panel or
liability of private individuals who group to which they belong.
participated in the transaction
must be established under another 10. Knowingly approving or granting any
MORE appropriate provision, license, permit, privilege or benefit in favor
which is Section 4(b) of RA 3019, of any person not qualified for or not legally
for knowingly inducing or causing entitled to such license, permit, privilege or
the public officers to commit advantage, or of a mere representative or
crimes punished under Section dummy of one who is not so qualified or
3(g) where criminal intent must entitled.
necessarily be proved. This is in
clear recognition that Section 3(g), 11. Divulging valuable information of a
a malum prohibitum, specifically confidential character, acquired by his
applies to public officers only (Go office or by him on account of his official
v. Sandiganbayan, G.R. No. position to unauthorized persons, or
172602, 2007) releasing such information in advance of its
d. Where the government was amply authorized release date.
protected in the subject
transaction, and consequently the 3. PROHIBITION ON INDIVIDUALS
contract was not grossly and
manifestly disadvantageous to the 1. Prohibition on private individuals
government, it was held that one of a. It shall be unlawful for any person
the elements of the crime, i.e., that having family or close personal
the contract or transaction is relation with any public official
grossly and manifestly to capitalize or exploit or take
disadvantageous to the advantage of such family or
government, is conspicuously close personal relation by
missing (Froilan v. directly or indirectly requesting or
Sandiganbayan, G.R. No. 115221, receiving any present, gift or
2000) material or pecuniary advantage
e. There is no need to prove the from any other person having
validity of the contract or some business, transaction,
transaction. (Luciano v. Estrella, application, request or contract
G.R. No. L- 31622, 1970) with the government, in which
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such public official has to 3. Prohibition on Members of Congress

intervene. a. It shall be unlawful hereafter for
b. Family relation shall include the any Member of the Congress
spouse or relatives by during the term for which he has
consanguinity or affinity in the been elected, to acquire or
third civil degree. receive any personal pecuniary
c. Close personal relation shall interest in any specific business
include close personal friendship, enterprise which will be directly
social and fraternal connections, and particularly favored or
and professional employment all benefited by any law or
giving rise to intimacy which resolution authored by him
assures free access to such public previously approved or adopted by
officer. (Sec. 4) the Congress during the same
2. Prohibition on certain relatives term.
a. It shall be unlawful for the spouse b. This also applies to any other
or for any relative, by public officer who
consanguinity or affinity, within the recommended the initiation in
third civil degree, of the President Congress of the enactment or
of the Philippines, the Vice- adoption of any law or resolution,
President of the Philippines, the and acquires or receives any such
President of the Senate, or the interest during his incumbency.
Speaker of the House of c. It shall likewise be unlawful for
Representatives, to intervene, such member of Congress or other
directly or indirectly, in any public officer, who, having such
business, transaction, contract or interest prior to the approval of
application with the Government. such law or resolution authored or
b. This prohibition shall not apply recommended by him, continues
to the following: for thirty days after such
i. any person who prior to approval to retain such interest.
the assumption of office (Sec. 6)
of any of the above
officials to whom he is 4. STATEMENT OF ASSETS AND
related, has been LIABILITIES
already dealing with the
Government along the What to file
same line of business; a. A Statement of Assets, Liabilities and Net
nor, Worth and a Disclosure of Business
ii. to any transaction, Interests and Financial Connections and
contract or application those of their spouses and unmarried
already existing or children under eighteen (18) years of age
pending at the time of living in their households, to be filed under
such assumption of oath.
public office, nor to any b. All public officials and employees required
application filed by him under this section to file the aforestated
the approval of which is documents shall also execute, within thirty
not discretionary on the (30) days from the date of their assumption
part of the official or of office, the necessary authority in favor
officials concerned but of the Ombudsman to obtain from all
depends upon appropriate government agencies,
compliance with including the Bureau of Internal Revenue,
requisites provided by such documents as may show their
law, or rules or assets, liabilities, net worth, and also
regulations issued their business interests and financial
pursuant to law, nor to connections in previous years.
any act lawfully
performed in an official
capacity or in the exercise
of a profession (Sec. 5)
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Content of SALNs and Disclosures 5. DISMISSAL DUE TO UNEXPLAINED

Information on the following: WEALTH
a. real property, its improvements, acquisition The following are prima facie evidence of and
costs, assessed value and current fair grounds for dismissal due to unexplained wealth if
market value; any public official is found:
b. personal property and acquisition cost;
c. all other assets such as investments, cash 1. To have acquired during his incumbency,
on hand or in banks, stocks, bonds, and the an amount of property and/or money
like;
manifestly out of proportion to his income;
d. liabilities, and;
e. all business interests and financial 2. Properties in the name of the spouse and
connections. dependents of such public official may be
taken into consideration; or
Who shall file
All public officials and employees except: 3. Bank deposits in the name of or manifestly
excessive expenditures incurred by the
a. those who serve in an honorary capacity, public official or any of their dependents.
b. laborers, and (Sec. 8)
c. Casual or temporary workers
6. OTHER RELATIVE RULES
When to file
a. Within thirty (30) days after assumption of Prescription
office; 20 years (Sec. 1, RA 10910)
b. on or before April 30, of every year
thereafter; and Competent Court
c. within thirty (30) days after separation from Sandiganbayan
the service.
Pre-suspension hearing
To whom it shall be submitted Public officers charged under this Act must first
a. Constitutional and national elective undergo a pre-suspension hearing before being
officials, with the national office of the suspended. A pre-suspension hearing is required to
Ombudsman;
determine the validity of the information. However,
b. Senators and Congressmen, with the an actual hearing is not necessary. All that is
Secretaries of the Senate and the House of
required is that the accused be given an opportunity
Representatives, respectively; Justices, to be heard. (Miguel v. Sandiganbayan, G.R.
with the Clerk of Court of the Supreme
172035, 2012)
Court; Judges, with the Court
Administrator; and all national executive Prosecution under AMLA
officials with the Office of the President. The prosecution of any offense or violation under
c. Regional and local officials and employees, the AMLA shall proceed independently of any
with the Deputy Ombudsman in their proceeding relating to the unlawful activity. (Section
respective regions; 6 (b), R.A. No. 10365 amending RA 9160, as
d. Officers of the armed forces from the rank amended).
of colonel or naval captain, with the Office
of the President, and those below said
ranks, with the Deputy Ombudsman in their -- end of topic --
respective regions; and
e. All other public officials and employees,
defined in Republic Act No. 3019, as
amended, with the Civil Service
Commission.
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D. ANTI-HAZING ACT OF 2018 (R.A. NO. 2. PROHIBITION ON HAZING

8049, AS AMENDED BY R.A. NO.
11053) All forms of hazing shall be prohibited in
fraternities, sororities, and organizations in schools,
1. DEFINITION OF TERMS including citizens' military training and citizens'
army training, including not school-based such as
community-based and other similar organizations.
a. Hazing
a. Any act that results in physical or HOWEVER, the following shall not be considered
psychological suffering, harm, or injury; hazing:
b. Inflicted on a recruit, neophyte, applicant, 1. Tests, trainings, practices and procedures
or member as part of an initiation rite or employed for prospective regular
practice made as a prerequisite for members of the Armed Forces of the
admission or a requirement for Philippines (AFP) and Philippine National
continuing membership in a fraternity, Police (PNP), as approved by the Secretary
sorority, or organization; of National Defense and the National Police
c. Including, but not limited to, paddling, Commission duly recommended by the
whipping, beating, branding, forced Chief of Staff of AFP and the Director
calisthenics, exposure to the weather, General of PNP;
forced consumption of any food, liquor, 2. Similar procedures and practices
beverage, drug or other substance, or any approved by the respective heads of
other brutal treatment or forced physical other uniformed learning institutions as
activity which is likely to adversely to their prospective members; and,
affect the physical and psychological 3. Any customary athletic events or other
health of such recruit, neophyte, applicant, similar contests and competitions, or
or member; and, any activity or conduct that furthers a legal
d. Additionally, hazing includes any activity, and legitimate objective, subject to prior
intentionally made or otherwise, by one submission of a medical clearance or
person alone or acting with others, that certificate.
tends to humiliate or embarrass,
degrade, abuse, or endanger, by No hazing shall be made a requirement for
requiring a recruit, neophyte, applicant, or employment in any business or corporation. (Sec. 3)
member to do menial, silly, or foolish
tasks. (Sec. 2) 3. REGULATION OF SCHOOL-BASED
INITIATION RITES
b. Organization
It is an organized body of people which includes, but School-based initiation rites do not constitute hazing
is not limited to, any club, association, group, provided that –
fraternity, and sorority. This term shall include the
Armed Forces of the Philippines (AFP), the 1. A written application to conduct initiation
Philippine National Police (PNP), the Philippine rites shall be made to the proper authorities
Military Academy (PMA), the Philippine National of the school not later than seven (7) days
Police Academy (PNPA), and other similar prior to the conduct of initiation;
uniformed service-learning institutions. (Sec. 2) 2. The written application must indicate:
a. Place and date of the initiation
c. Initiation or Initiation Rites rites;
It refers to ceremonies, practices, rituals, or other b. Names of the recruits, neophytes
acts, whether formal or informal, that a person must or applicants to be initiated;
perform or take part in order to be accepted into a
c. Manner by which they will conduct
fraternity, sorority, or organization as a full-fledged
member. the initiation rites; and,
d. Names of the incumbent officers of
It includes ceremonies, practices, rituals, and other the fraternity, sorority, or
acts in all stages of membership in a fraternity, organization and any person or
sorority, or organization. (Sec. 2)
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persons who will take charge in the d. Officers or members who knowingly
conduct of the initiation rites. cooperated in carrying out the hazing
by inducing the victim to be present
The application shall be under oath with a thereat;
declaration that it has been posted in the e. Members who are present during the
official school bulletin board, the bulletin hazing when they are intoxicated or
board of the office of the fraternity, sorority, under the influence of alcohol or
or organization, AND two (2) other
illegal drugs;
conspicuous places in the school or in the
premises of the organization. f. Any person who shall intimidate,
threaten, force, or employ, or
The application shall be posted from the administer any form of vexation
time of submission of the written notice to against another person for the
the school authorities or head of purpose of recruitment in joining or
organization and shall only be removed promoting a particular fraternity,
from its posting three (3) days after the sorority, or organization.
conduct of the initiation rites;
3. The initiation rites shall not last more than The persistent and repeated proposal
three (3) days; and, or invitation made to a person who had
4. There are at least two (2) representatives twice refused to participate or join the
of the school present during the initiation. proposed fraternity, sorority, or
organization, shall be prima facie
School officials shall have the authority to impose
evidence of vexation.
after due notice and summary hearing, disciplinary
sanctions, in accordance with the school's g. Owner or lessee of the place where
guidelines and regulations on the matter. hazing is conducted, when he has
actual knowledge of the hazing but
All members of the fraternity, sorority, or failed to take action to prevent the
organization, who participated in the unauthorized same, OR failed to promptly report
initiation rites, even if no hazing was conducted, the same if they can do so without
shall also be punished accordingly. (Sec. 4, RA peril to their person or their family;
11053) h. Parents if held in the home of one of
the officers or members of the
4. PERSONS LIABLE fraternity, group, or organization,
when they have actual knowledge the
1. Liable as Principals
hazing conducted but failed to take
a. All persons who actually planned
any action to prevent the same OR
OR participated in the conduct of the
failed to promptly report the same if
hazing;
they can do so without peril to their
b. All incumbent and former officers,
person or their family.
nonresident members, or alumni of
the fraternity, sorority or organization
The presence of any person, even if such person
who are actually present during the is not a member of the fraternity, sorority, or
hazing; organization, during the hazing is prima facie
c. The adviser of the fraternity, sorority evidence of participation therein as a principal,
or organization who is – unless such person or persons prevented the
1. Present when the acts commission of the acts punishable, or promptly
constituting the hazing were reported the same to the law enforcement
committed; and authorities if they can do so without peril, to their
2. Failed to take action to prevent person or their family.
the same; or,
The incumbent officers of the fraternity, sorority, or
3. Failed to promptly report the
organization concerned shall be jointly liable with
same to the law enforcement those members who actually participated in the
authorities, if such adviser or hazing.
advisers can do so without peril
to their person or their family.
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2. Liable as Accomplice payment, remittance, and transfer

companies and other similar entities, and
School authorities, barangay, municipal or city (iv) other entities administering or
officials shall be held liable as accomplice if: otherwise dealing in currency, commodities
or financial derivatives based thereon,
a. They have consented to the hazing; or valuable objects, cash substitutes and
b. Have actual knowledge, but failed to other similar monetary instruments or
take any action to prevent the same; or, property supervised or regulated by
c. Failed to promptly report the same if they Securities and Exchange Commission;
can do so without peril to their person or 4. Jewelry dealers in precious metals, who, as
their family. a business, trade in precious metals, for
transactions in excess of P1,000,000.00;
5. OTHER RELEVANT RULES 5. jewelry dealers in precious stones, who, as
a business, trade in precious stones, for
Recognizing the malum prohibitum characteristic of transactions in excess of P1,000,000.00;
hazing, the law provides that any person charged
6. company service providers which, as a
with the said crime shall not be entitled to the
mitigating circumstance that there was no business, provide any of the following
intention to commit so grave a wrong. Also, the services to third parties: (i) acting as a
framers of the law intended that the consent of the formation agent of juridical persons; (ii)
victim shall not be a defense in hazing. (Dungo v. acting as (or arranging for another person
People, G.R. No. 209464, 2015) to act as) a director or corporate secretary
of a company, a partner of a partnership, or
a similar position in relation to other juridical
-- end of topic -- persons; (iii) providing a registered office,
business address or accommodation,
correspondence or administrative address
E. ANTI-MONEY LAUNDERING ACT OF for a company, a partnership or any other
2001 (R.A. NO. 9160, as amended by legal person or arrangement; and (iv)
R.A. NO. 9194, R.A. NO. 10167, R.A. acting as (or arranging for another person
NO. 10365 AND R.A. NO. 10927) to act as) a nominee shareholder for
another person; and
1. DEFINITION OF TERMS 7. persons who provide any of the following
services: (i) managing of client money,
a. Covered Institution securities or other assets; (ii) management
It refers to the following: of bank, savings or securities accounts; (iii)
organization of contributions for the
1. banks, non-banks, quasi-banks, trust creation, operation or management of
entities, and all other institutions and their companies; and (iv) creation, operation or
subsidiaries and affiliates supervised or management of juridical persons or
regulated by the Bangko Sentral ng arrangements, and buying and selling
Pilipinas (BSP); business entities.
2. Insurance companies and all other 8. casinos, including internet and ship-based
institutions supervised or regulated by the casinos, with respect to their casino cash
Insurance Commission; transactions related to their gaming
3. (i) securities dealers, brokers, salesmen, operations;
investment houses and other similar 9. Real estate developers and brokers;
entities managing securities or rendering 10. Offshore gaming operators, as well as their
services as investment agent, advisor, or service providers, supervised, accredited
consultant, (ii) mutual funds, close and or regulated by the Philippine Amusement
investment companies, common trust and Gaming Corporation (PAGCOR) or any
funds, pre-need companies and other government agency
similar entities, (iii) foreign exchange
corporations, money changers, money
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The term ‘covered persons’ shall exclude that is about to be, is being or has been
lawyers and accountants acting as independent committed; or
legal professionals in relation to information 7. Any transaction that is similar or analogous
concerning their clients or where disclosure of to any of the foregoing. (Sec. 3)
information would compromise client confidences or
the attorney-client relationship: Provided, That d. Unlawful Activity
these lawyers and accountants are authorized to It refers to any act or omission or series or
practice in the Philippines and shall continue to combination thereof involving or having relation to
be subject to the provisions of their respective the following:
codes of conduct and/or professional
responsibility or any of its amendments. (Sec. 1, 1. Kidnapping for ransom under RPC, as
RA 10365) amended;
2. Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14,
b. Covered Transaction 15 and 16 of RA 9165 or the
Comprehensive Dangerous Drugs Act of
(a) transaction in cash or other equivalent
2002;
monetary instrument involving a total amount in
excess of Five hundred thousand pesos 3. Section 3 paragraphs B, C, E, G, H and I
(P500,000.00) within one (1) banking day; of RA 3019, as amended, or the Anti-Graft
and Corrupt Practices Act;
(b) for casinos, including internet and ship-based 4. Plunder under RA 7080, as amended;
casinos, a single casino cash transaction 5. Robbery and extortion under Articles 294,
involving an amount in excess of Five million 295, 296, 299, 300, 301 and 302 of the
pesos (P5,000,000.00) or its equivalent in any RPC, as amended;
other currency; 6. Jueteng and Masiao punished as illegal
gambling under PD 1602;
(c) for real estate developers and brokers, a single
7. Piracy on the high seas under RPC, as
cash transaction involving an amount in excess
of Seven Million Five Hundred Thousand Pesos amended and PD 532;
(P7,500,000.00) or its equivalent in any other 8. Qualified theft under Article 310 of the
currency. (Sec. 3) RPC, as amended;
9. Swindling under Article 315 and Other
c. Suspicious Transaction Forms of Swindling under Article 316 of
'Suspicious transactions' are transactions with the RPC, as amended;
covered persons, regardless of the amounts 10. Smuggling under RA 455 and RA 1937;
involved, where any of the following circumstances 11. Violations of RA 8792 or the Electronic
exist: Commerce Act of 2000;
12. Hijacking and other violations under RA
1. There is no underlying legal or trade 6235; destructive arson and murder, as
obligation, purpose or economic defined under the RPC, as amended;
justification;
13. Terrorism and conspiracy to commit
2. The client is not properly identified;
3. The amount involved is not commensurate terrorism as defined and penalized under
with the business or financial capacity of Sections 3 and 4 of RA 9372;
the client; 14. Financing of terrorism under Section 4
4. Taking into account all known and offenses punishable under Sections
circumstances, it may be perceived that the 5, 6, 7 and 8 of RA 10168, or the
client's transaction is structured in order to Terrorism Financing Prevention and
avoid being the subject of reporting Suppression Act of 2012:
requirements under the Act; 15. Bribery under Articles 210, 211 and 211-
5. Any circumstance relating to the A of the RPC, as amended, and
transaction which is observed to deviate
Corruption of Public Officers under Article
from the profile of the client and/or the
212 of the RPC, as amended;
client's past transactions with the covered
person; 16. Frauds and Illegal Exactions and
6. The transaction is in any way related to an Transactions under Articles 213, 214, 215
unlawful activity or offense under this Act and 216 of the RPC as amended;
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17. Malversation of Public Funds and 34. Violation of Section 9 (a)(3) of Republic
Property under Articles 217 and 222 of Act No. 10697, otherwise known as the
the RPC, as amended; "Strategic Trade Management Act", in
18. Forgeries and Counterfeiting under relation to the proliferation of weapons of
Articles 163, 166, 167, 168, 169 and 176 mass destruction and its financing
of the RPC, as amended; pursuant to United Nations Security
19. Violations of Sections 4 to 6 of RA. 9208, Council Resolution Numbers 1718 of
or the Anti-Trafficking in Persons Act of 2006 and 2231 of 2015;
2003; 35. Violation of Section 254 of Chapter
20. Violations of Sections 78 to 79 of Chapter II, Title X of the National Internal Revenue
IV, of PD 705, or the Revised Forestry Code of 1997, as amended, where the
Code of the Philippines, as amended; deficiency basic tax due in the final
21. Violations of Sections 86 to 106 of assessment is in excess of Twenty-five
Chapter VI, of RA 8550, or the Philippine million pesos (P25,000,000.00) per
Fisheries Code of 1998; taxable year, for each tax type covered
22. Violations of Sections 101 to 107, and 110 and there has been a finding of probable
of RA 7942, or the Philippine Mining Act cause by the competent
of 1995; authority: Provided further, That there
23. Violations of Section 27(c), (e), (f), (g) and must be a finding of fraud, willful
(i), of RA 9147, or the Wildlife Resources misrepresenting or malicious intent on the
Conservation and Protection Act; part of the
24. Violation of Section 7(b) of RA 9072, or taxpayer: Provided, finally, That in no
the National Caves and Cave Resources case shall the AMLC institute forfeiture
Management Protection Act; proceedings to recover monetary
25. Violation of RA 6539, or the Anti- instruments, property or proceeds
Carnapping Act of 2002, as amended; representing, involving, or relating to a tax
26. Violations of Sections 1, 3 and 5 of PD crime, if the same has already been
1866, as amended, or the decree recovered or collected by the Bureau of
Codifying the Laws on Illegal/Unlawful Internal Revenue (BIR) in a separate
Possession, Manufacture, Dealing In, proceeding and
Acquisition or Disposition of Firearms, 36. Felonies or offenses of a similar nature
Ammunition or Explosives; that are punishable under the penal laws
27. Violation of PD 1612, otherwise known as of other countries. (Sec. 2, RA 10365)
the Anti-Fencing Law;
28. Violation of Section 6 of RA 8042, or the 2. MONEY LAUDNERING OFFENSE
Migrant Workers and Overseas Filipinos
Act of 1995, as amended by Republic Act Definition
No. 10022; Money laundering is a crime whereby the proceeds
29. Violation of RA 8293, or the Intellectual of an unlawful activity are transacted, thereby
making them appear to have originated from
Property Code of the Philippines;
legitimate sources.
30. Violation of Section 4 of RA 9995, or the
Anti-Photo and Video Voyeurism Act of Who are liable
2009; Money laundering is committed by any person who,
31. Violation of Section 4 of RA 9775, or the knowing that any monetary instrument or property
Anti-Child Pornography Act of 2009; represents, involves, or relates to the proceeds of
32. Violations of Sections 5, 7, 8, 9, 10(c), (d) any unlawful activity:
and (e), 11, 12 and 14 of RA 7610, or the
Special Protection of Children Against a. transacts said monetary instrument or
Abuse, Exploitation and Discrimination; property;
33. Fraudulent practices and other violations b. converts, transfers, disposes of, moves,
under RA 8799, or the Securities acquires, possesses or uses said monetary
Regulation Code of 2000; instrument or property;
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c. conceals or disguises the true nature, Covered persons and their officers and employees
source, location, disposition, movement or are prohibited from communicating, directly or
ownership of or rights with respect to said indirectly, in any manner or by any means, to any
monetary instrument or property; person or entity, the media, the fact that a covered
d. attempts or conspires to commit money or suspicious transaction has been reported or is
about to be reported, the contents of the report, or
laundering offenses referred to in
any other information in relation thereto. Neither
paragraphs (a), (b) or (c); may such reporting be published or aired in any
e. aids, abets, assists in or counsels the manner or form by the mass media", electronic mail,
commission of the money laundering or other similar devices. In case of violation thereof,
offenses referred to in paragraphs (a), (b) the concerned officer and employee of the covered
or (c) above; and performs or fails to person and media shall be held criminally liable.
perform any act as a result of which he (Sec. 7, RA 10365)
facilitates the offense of money laundering
referred to in paragraphs (a), (b) or (c)
above; or -- end of topic --
f. Any covered person who, knowing that a
covered or suspicious transaction is
required under this Act to be reported to the F. ANTI-PHOTO AND VIDEO VOYEURISM
Anti-Money Laundering Council (AMLC), ACT OF 2009 (R.A. NO. 9995)
fails to do so. (Sec. 4, RA 10365)
1. DEFINITION OF TERMS
3. JURISDICTION; PROSECUTION
a. Broadcast
It is to make public, by any means, a visual image
Jurisdiction
with the intent that it be viewed by a person or
The Regional Trial Courts shall have jurisdiction to
persons.
try all cases on money laundering.
If committed by public officers and private persons b. Capture

who are in conspiracy with such public officers shall It means to videotape, photograph, film, record by
be under the jurisdiction of the Sandiganbayan. any means, or broadcast an image
(Sec. 5)
c. Photo or Video Voyeurism
Prosecution It refers to the act of taking photo or video coverage
Any person may be charged with and convicted of a person or group of persons performing sexual
of both the offense of money laundering and the act or any similar activity or of capturing an image of
unlawful activity as herein defined. (Sec. 6(a), RA the private area of a person or persons without the
9160) latter's consent, under circumstances in which such
person/s has/have a reasonable expectation of
The prosecution of any offense or violation under privacy, or the act of selling, copying, reproducing,
this Act shall proceed independently of any broadcasting, sharing, showing or exhibiting the
proceeding relating to the unlawful activity. (Sec. 5, photo or video coverage or recordings of such
RA 10365) sexual act or similar activity through VCD/DVD,
internet, cellular phones and similar means or
4. OTHER RELEVANT RULES device without the written consent of the person/s
involved, notwithstanding that consent to record or
Effect of Bank Deposit Secrecy Law on AMLA take photo or video coverage of same was given by
When reporting covered transactions to the Anti- such person/s.
Money Laundering Council, covered institutions and
their officers, employees, representatives, agents, d. Under Circumstances in which a
advisors, consultants or associates shall not be person has a Reasonable Expectation
deemed to have violated Republic Act No. 1405, as of Privacy
amended; Republic Act No. 6426, as amended; It refers to circumstances in which a reasonable
Republic Act No. 8791 and other similar laws. (Sec. person would believe that he/she could disrobe in
9, RA 9160) privacy, without being concerned that an image or a
private area of the person was being captured; or
circumstances in which a reasonable person would
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believe that a private area of the person would not b. Government

be visible to the public, regardless of whether that Government includes the National Government, and
person is in a public or private place. (Sec. 3) any of its subdivisions, agencies or
instrumentalities, including government-owned or -
2. PROHIBITED ACTS controlled corporations and their subsidiaries.
Any person who commits the following shall be c. Person

liable for photo or video voyeurism: The term includes any natural or juridical person,
unless the context indicates otherwise.
a. To take photo or video coverage of a
person or group of persons performing d. Ill-gotten wealth
sexual act or any similar activity or to It refers to any asset, property, business enterprise
capture an image of the private area of a or material possession of any person, acquired by
person/s such as the naked or him directly or indirectly through dummies,
nominees, agents, subordinates and/or business
undergarment clad genitals, pubic area,
associates by any combination or series of the
buttocks or female breast without the following means or similar schemes:
consent of the person/s involved and under
circumstances in which the person/s 1. Through misappropriation, conversion,
has/have a reasonable expectation of misuse, or malversation of public funds or
privacy; raids on the public treasury;
b. To copy or reproduce, or to cause to be 2. By receiving, directly or indirectly, any
copied or reproduced, such photo or video commission, gift, share, percentage,
or recording of sexual act or any similar kickbacks or any other form of pecuniary
activity with or without consideration; benefit from any person and/or entity in
c. To sell or distribute, or cause to be sold or connection with any government contract
distributed, such photo or video or or project or by reason of the office or
recording of sexual act, whether it be the position of the public officer concerned;
original, copy or reproduction thereof; or 3. By the illegal or fraudulent conveyance or
d. To publish or broadcast, or cause to be disposition of assets belonging to the
published or broadcast, whether in print or National Government or any of its
broadcast media, or show or exhibit the subdivisions, agencies or instrumentalities
photo or video coverage or recordings of or government-owned or -controlled
such sexual act or any similar activity corporations and their subsidiaries;
through VCD/DVD, internet, cellular 4. By obtaining, receiving or accepting directly
phones and other similar means or device. or indirectly any shares of stock, equity or
any other form of interest or participation
The prohibition under items (b), (c) and (d) shall including promise of future employment in
apply notwithstanding that consent to record or
any business enterprise or undertaking;
take photo or video coverage of the same was
given by such person/s. Such consent must be in 5. By establishing agricultural, industrial or
writing. commercial monopolies or other
combinations and/or implementation of
-- end of topic – decrees and orders intended to benefit
particular persons or special interests; or
6. By taking undue advantage of official
G. ANTI-PLUNDER ACT (R.A. NO. 7080, position, authority, relationship, connection
AS AMENDED BY R.A. NO. 7659) or influence to unjustly enrich himself or
themselves at the expense and to the
1. DEFINITION OF TERMS damage and prejudice of the Filipino
people and the Republic of the Philippines.
a. Public Officer
Refers to any person holding any public office in the
Government of the Republic of the Philippines by
virtue of an appointment, election or contract.
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e. Combination c. That the aggregate amount or total value of

It refers to at least two (2) acts falling under different the ill-gotten wealth amassed, accumulated
categories of enumeration provided in the definition or acquired is at least P50,000,000.00.
of “ill-gotten wealth.” (Sec. 12, RA 7659)
Example: raids on the public treasury and fraudulent 3. PRESCRIPTION

conveyance of assets belonging to the National
Government (Estrada v. Sandiganbayan, G.R. No. The crime of plunder shall prescribe in twenty (20)
148560, 2001) years.
f. Series The right of the State to recover properties

It refers to two (2) or more overt or criminal acts unlawfully acquired by public officers from them or
falling under the same category of enumeration from their nominees or transferees shall not be
found in the definition of “ill-gotten wealth.” barred by prescription, laches, or estoppel. (Sec. 6,
RA 7080)
Example: Misappropriation, malversation and raids
on the public treasury, all of which falling under item 4. OTHER RELEVANT RULES
(1) in the enumeration under the definition of “ill-
gotten wealth.” (Estrada v. Sandiganbayan, G.R.
Liability of persons other than Public Officer
No. 148560, 2001)
charged
Any person who participated with the said public
g. Pattern officer in the commission of an offense contributing
It consists of at least a combination or series of to the crime of plunder shall likewise be liable for the
overt or criminal acts enumerated under the crime of plunder.
definition of “ill-gotten wealth,” directed towards a
common purpose or goal which is to enable the Applicability of RPC on Penalties
public officer to amass, accumulate or acquire ill- In the imposition of penalties, the degree of
gotten wealth. There must either be an “overall participation and the attendance of mitigating and
unlawful scheme” or “conspiracy” to achieve extenuating circumstances, as provided by the
said common goal. Revised Penal Code, shall be considered by the
court.
h. Overall Unlawful Scheme
It indicates a 'general plan of action or method' Forfeiture of Ill-Gotten Wealth
which the principal accused and public officer and The court shall declare any and all ill-gotten wealth
others conniving with him follow to achieve the and their interests and other incomes and assets
aforesaid common goal. including the properties and shares of stocks
derived from the deposit or investment thereof
Absence of such overall scheme or where the forfeited in favor of the State. (Sec. 12, RA 7659)
schemes or methods used by multiple accused vary,
the overt or criminal acts must form part of a Rule of evidence
conspiracy to attain a common goal. (Estrada v. To establish the crime of plunder, it shall not be
Sandiganbayan, G.R. No. 148560, 2001) necessary to prove each and every criminal act
done by the accused in furtherance of the scheme
2. ELEMENTS or conspiracy to amass, accumulate or acquire ill-
gotten wealth, it being sufficient to establish
Elements of the crime of plunder: beyond reasonable doubt a pattern of overt or
a. That the offender is a public officer who criminal acts indicative of the overall unlawful
acts by himself or in connivance with scheme or conspiracy. (Sec. 4, RA 7080)
members of his family, relatives by affinity
or consanguinity, business associates, Jurisdiction
Unless otherwise provided by law, all prosecutions
subordinates, or other persons;
for the crime of plunder shall be within the original
b. That he amassed, accumulated or acquired jurisdiction of the Sandiganbayan (Sec. 3, RA
ill-gotten wealth through a combination or 7080)
series using the means or similar scheme
enumerated under the definition of “ill-
gotten wealth” above; and,
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Plunder is mala in se 2. ACTS OF TORTURE

The legislative declaration in R.A. No. 7659 that
plunder is a heinous offense implies that it is a a. Physical Torture
malum in se. For when the acts punished are It is a form of treatment or punishment inflicted by a
inherently immoral or inherently wrong, they are person in authority or agent of a person in authority
mala in se and it does not matter that such acts are upon another in his/her custody that causes severe
punished in a special law, especially since in the pain, exhaustion, disability or dysfunction of one or
case of plunder the predicate crimes are mainly more parts of the body, such as:
mala in se. (Estrada v. Sandiganbayan, G.R. No.
148530, 2001) 1. Systematic beating, headbanging,
punching, kicking, striking with truncheon
Wheel or circle conspiracy
In the wheel or circle conspiracy, a person or a or rifle butt or other similar objects, and
group (“hub”) deals with 2 or more persons or jumping on the stomach;
groups (“spokes”), to achieve the common goal of 2. Food deprivation or forcible feeding with
amassing and accumulating ill-gotten wealth. A spoiled food, animal or human excreta and
public officer need not be the “hub” because what other stuff or substances not normally
Sec. 2 merely requires is that the public officer must eaten;
be in connivance with others. In other words, such 3. Electric shock;
public officer, by his individual acts, agreed to 4. Cigarette burning; burning by electrically
participate, directly or indirectly, in the amassing, heated rods, hot oil, acid; by the rubbing of
accumulation and acquisition of ill-gotten wealth
pepper or other chemical substances on
with others in a wheel conspiracy either as a hub or
part of spokes. (Macapagal-Arroyo v. People, G.R. mucous membranes, or acids or spices
No. 220598, 2017) directly on the wound(s);
5. The submersion of the head in water or
water polluted with excrement, urine, vomit
-- end of topic – and/or blood until the brink of suffocation;
6. Being tied or forced to assume fixed and
stressful bodily position;
H. ANTI-TORTURE ACT OF 2009 (R.A. 7. Rape and sexual abuse, including the
NO. 9745) insertion of foreign objects into the sex
organ or rectum, or electrical torture of the
1. ELEMENTS genitals;
Elements of the crime of torture 8. Mutilation or amputation of the essential
parts of the body such as the genitalia, ear,
1. Any act by which severe physical or mental tongue, etc.;
pain or suffering; 9. Dental torture or the forced extraction of the
2. Is inflicted by or at the instigation of or with teeth;
the consent or acquiescence of a person in 10. Pulling out of fingernails;
authority or his agent; 11. Harmful exposure to the elements such as
3. Intentionally inflicted on a person; sunlight and extreme cold;
4. For the purpose of: 12. The use of plastic bag and other materials
a. Obtaining information or a placed over the head to the point of
confession; asphyxiation;
b. Punishment for an act he or a third 13. The use of psychoactive drugs to change
person has committed, or is the perception, memory, alertness or will of
suspected of having committed; a person, such as:
c. Intimidation or coercion; and a. The administration of drugs to
d. Any reason based on induce confession and/or reduce
discrimination of any kind. (Sec. 3) mental competency; or
b. The use of drugs to induce
extreme pain or certain symptoms
of a disease; and
14. Other analogous acts of physical torture.
(Sec. 4)
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b. Mental/ Psychological Torture 3. PERSONS LIABLE

It refers to acts committed by a person in authority
or agent of a person in authority which are The following shall be held criminally liable for the
calculated to affect or confuse the mind and/or crime of torture:
undermine a person’s dignity and morale, such as:
a. Liable as principals –
1. Blindfolding; 1. Any person who actually participated
2. Threatening a person(s) or his/her or induced another in the commission
relative(s) with bodily harm, execution or of torture or other cruel, inhuman and
other wrongful acts; degrading treatment or punishment or
3. Confinement in solitary cells or secret who cooperated in the execution of the
detention places; act of torture or other cruel, inhuman
4. Prolonged interrogation; and degrading treatment or
5. Preparing a prisoner for a “show trial”, punishment by previous or
public display or public humiliation of a simultaneous acts
detainee or prisoner; 2. Any superior military, police or law
6. Causing unscheduled transfer of a person enforcement officer or senior
deprived of liberty from one place to government official who issued an
another, creating the belief that he/she order to any lower ranking personnel to
shall be summarily executed; commit torture for whatever purpose
7. Maltreating a member/s of a person’s 3. The immediate commanding officer of
family; the unit concerned of the AFP or the
8. Causing the torture sessions to be immediate senior public official of the
witnessed by the person’s family, relatives PNP and other law enforcement
or any third party; agencies for any act or omission, or
9. Denial of sleep/rest; negligence committed by him/her that
10. Shame infliction such as stripping the shall have led, assisted, abetted or
person naked, parading him/her in public allowed, whether directly or indirectly,
places, shaving the victim’s head or putting the commission thereof by his/her
marks on his/her body against his/her will; subordinates
11. Deliberately prohibiting the victim to
communicate with any member of his/her If he/she has knowledge of or, owing to
family; and the circumstances at the time, should
12. Other analogous acts of have known that acts of torture or other
mental/psychological torture. (Sec. 4) cruel, inhuman and degrading
treatment or punishment shall be
committed, is being committed, or has
c. Other Cruel, Inhuman, and Degrading
been committed by his/her
Treatment or Punishment subordinates or by others within his/her
It refers to a deliberate and aggravated treatment area of responsibility and, despite such
or punishment not enumerated under Section 4 of knowledge, did not take preventive or
this Act, inflicted by a person in authority or agent of corrective action either before, during
a person in authority against another person in or immediately after its commission,
custody, which attains a level of severity sufficient to when he/she has the authority to
cause suffering, gross humiliation or debasement to prevent or investigate allegations of
the latter. torture or other cruel, inhuman and
degrading treatment or punishment but
The assessment of the level of severity shall depend failed to prevent or investigate
on all the circumstances of the case, including the allegations of such act, whether
duration of the treatment or punishment, its physical deliberately or due to negligence shall
and mental effects and, in some cases, the sex, also be liable as principals.
religion, age and state of health of the victim. (Sec.
5) b. Liable as accessory – Any public officer or
employee shall be liable as an accessory if
he/she has knowledge that torture or other
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cruel, inhuman and degrading treatment or 6. APPLICABILITY OF REFOULER

punishment is being committed and without
having participated therein, either as No person shall be expelled, returned or extradited
principal or accomplice, takes part to another State where there are substantial
subsequent to its commission in any of the grounds to believe that such person shall be in
following manner: danger of being subjected to torture.
1. By themselves profiting from or
For the purposes of determining whether such
assisting the offender to profit from the grounds exist, the Secretary of the Department of
effects of the act of torture or other Foreign Affairs (DFA) and the Secretary of the DOJ,
cruel, inhuman and degrading in coordination with the Chairperson of the CHR,
treatment or punishment; shall take into account all relevant considerations
2. By concealing the act of torture or other including, where applicable and not limited to, the
cruel, inhuman and degrading existence in the requesting State of a consistent
treatment or punishment and/or pattern of gross, flagrant or mass violations of
destroying the effects or instruments human rights. (Sec. 17)
thereof in order to prevent its
discovery; or
3. By harboring, concealing or assisting in 7. OTHER RELEVANT RULES
the escape of the principals in the act
Torture as a separate and independent crime
of torture or other cruel, inhuman and
Torture as a crime shall not absorb or shall not be
degrading treatment or punishment. absorbed by any other crime or felony committed as
a consequence, or as a means in the conduct or
The accessory acts should be done commission thereof. It shall be treated as a separate
with the abuse of the official’s public and independent criminal act whose penalties shall
functions. (Sec. 13) be imposable without prejudice to any other criminal
liability provided for by domestic and international
4. PROHIBITED DETENTION laws. (Sec. 15)
Secret detention places, solitary confinement,

incommunicado or other similar forms of detention, Applicability of the Revised Penal Code
where torture may be carried out with impunity are The provisions of the Revised Penal Code insofar
hereby prohibited. as they are applicable shall be suppletory to this Act.
Moreover, if the commission of any crime
The PNP, AFP and other law enforcement agencies punishable under Title Eight (Crimes Against
concerned shall make an updated list of all detention Persons) and Title Nine (Crimes Against Personal
centers and facilities under their respective Liberty and Security) of the Revised Penal Code is
jurisdictions with the corresponding data on attended by any of the acts constituting torture and
prisoners or detainees incarcerated or detained other cruel, inhuman and degrading treatment or
therein. This list shall be available to the public at all punishment as defined herein, the penalty to be
times and updated by the same agencies every 5 imposed shall be in its maximum period. (Sec. 22)
days of the month at the minimum. (Sec. 7)
5. APPLICABILITY OF -- end of topic --

EXCLUSIONARY RULE;EXCEPTION
I. ANTI-TRAFFICKING IN PERSONS ACT
General rule: Any confession, admission or OF 2003 (R.A. NO. 9208, AS AMENDED
statement obtained as a result of torture shall be
inadmissible in evidence in any proceedings,
BY R.A. NO. 10364)
Exception: If the same is used as evidence against 1. DEFINITION OF TERMS

a person or persons accused of committing torture.
(Sec. 8) Child
It refers to a person below eighteen (18) years of
age or one who is over eighteen (18) but is unable
to fully take care of or protect himself/herself from
abuse, neglect, cruelty, exploitation, or
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discrimination because of a physical or mental exploitation, forced labor, slavery,

disability or condition. involuntary servitude or debt bondage;
c. To offer or contract marriage, real or
2. ELEMENTS simulated, for the purpose of acquiring,
Elements of Trafficking in Persons: buying, offering, selling, or trading them to
engage in prostitution, pornography, sexual
a. Recruitment, transportation, transfer or exploitation, forced labor or slavery,
harboring, or receipt of persons; involuntary servitude or debt bondage;
b. With or without the victim’s consent or d. To undertake or organize tours and travel
knowledge; plans consisting of tourism packages or
c. Within or across national borders; activities for the purpose of utilizing and
d. By means of threat or use of force, or other offering persons for prostitution,
forms of coercion, abduction, fraud, pornography or sexual exploitation;
deception, abuse of power or of position, e. To maintain or hire a person to engage in
taking advantage of the vulnerability of the prostitution or pornography;
person, or, the giving or receiving of f. To adopt persons by any form of
payments or benefits to achieve the consideration for exploitative purposes or
consent of a person having control over to facilitate the same for purposes of
another person; and prostitution, pornography, sexual
e. For the purpose of exploitation which exploitation, forced labor, slavery,
includes at a minimum, the exploitation or involuntary servitude or debt bondage;
the prostitution of others or other forms of g. To adopt or facilitate the adoption of
sexual exploitation, forced labor or persons for the purpose of prostitution,
services, slavery, servitude or the removal pornography, sexual exploitation, forced
or sale of organs. labor, slavery, involuntary servitude or debt
bondage;
The recruitment, transportation, transfer, harboring h. To recruit, hire, adopt, transport, transfer,
or receipt of a child for the purpose of exploitation
obtain, harbor, maintain, provide, offer,
shall also be considered as “trafficking in persons”
even if it does not involve any of the means set forth receive or abduct a person, by means of
in the preceding paragraph. (Sec. 3) threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the
3. PUNISHABLE ACTS purpose of removal or sale of organs of said
person;
It shall be unlawful for any person, natural or i. To recruit, transport, obtain, transfer,
juridical, to commit any of the following acts: harbor, maintain, offer, hire, provide,
receive or adopt a child to engage in armed
a. To recruit, obtain, hire, provide, offer, activities in the Philippines or abroad;
transport, transfer, maintain, harbor, or j. To recruit, transport, transfer, harbor,
receive a person by any means, including obtain, maintain, offer, hire, provide or
those done under the pretext of domestic or receive a person by means defined in
overseas employment or training or Section 3 of this Act for purposes of forced
apprenticeship, for the purpose of labor, slavery, debt bondage and
prostitution, pornography, or sexual involuntary servitude, including a scheme,
exploitation; plan, or pattern intended to cause the
b. To introduce or match for money, profit, or person either:
material, economic or other consideration, 1. To believe that if the person did not
any person or, as provided for under perform such labor or services, he or
Republic Act No. 6955, any Filipino woman she or another person would suffer
to a foreign national, for marriage for the serious harm or physical restraint; or
purpose of acquiring, buying, offering, 2. To abuse or threaten the use of law
selling or trading him/her to engage in or the legal processes; and
prostitution, pornography, sexual k. To recruit, transport, harbor, obtain,
transfer, maintain, hire, offer, provide,
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adopt or receive a child for purposes of a. Facilitating the travel of a child who travels
exploitation or trading them, including but alone to a foreign country or territory
not limited to, the act of baring and/or without valid reason therefor and without
selling a child for any consideration or for the required clearance or permit from the
barter for purposes of exploitation. Department of Social Welfare and
Trafficking for purposes of exploitation of Development, or a written permit or
children shall include: justification from the child’s parent or legal
1. All forms of slavery or practices guardian;
similar to slavery, involuntary b. Executing, for a consideration, an affidavit
servitude, debt bondage and forced of consent or a written consent for adoption;
labor, including recruitment of c. Recruiting a woman to bear a child for the
children for use in armed conflict; purpose of selling the child;
2. The use, procuring or offering of a d. Simulating a birth for the purpose of selling
child for prostitution, for the the child; and
production of pornography, or for e. Soliciting a child and acquiring the custody
pornographic performances; thereof through any means from among
3. The use, procuring or offering of a hospitals, clinics, nurseries, daycare
child for the production and centers, refugee or evacuation centers, and
trafficking of drugs; and low-income families, for the purpose of
4. The use, procuring or offering of a selling the child. (Sec. 4-A)
child for illegal activities or work
which, by its nature or the Penalty
circumstances in which it is carried Any person found guilty of committing any of the
out, is likely to harm their health, acts enumerated above shall suffer the penalty of
safety or morals; and imprisonment of fifteen (15) years and a fine of not
less than P500,000.00 but not more than
l. To organize or direct other persons to
P1,000,000.00. (Sec. 10 (b))
commit the offenses defined as acts of
trafficking under this Act. (Sec. 4)
5. ACTS THAT PROMOTE
Penalty
TRAFFICKING
Any person found guilty of committing any of the
acts enumerated above shall suffer the penalty of
imprisonment of twenty (20) years and a fine of not The following acts which promote or facilitate
less than P1,000,000.00 but not more than trafficking in persons, shall be unlawful:
P2,000,000.00. (Sec. 10(a)) a. To knowingly lease or sublease, use or
allow to be used any house, building or
4. ATTEMPTED TRAFFICKING establishment for the purpose of promoting
trafficking in persons;
b. To produce, print and issue or distribute
Definition of Attempted Trafficking
unissued, tampered or fake counseling
Where there are acts to initiate the commission
of a trafficking offense but the offender failed to certificates, registration stickers, overseas
or did not execute all the elements of the crime, employment certificates or other
by accident or by reason of some cause other certificates of any government agency
than voluntary desistance, such overt acts shall which issues these certificates, decals and
be deemed as an attempt to commit an act of such other markers as proof of compliance
trafficking in persons. As such, an attempt to commit with government regulatory and pre-
any of the offenses enumerated in Section 4 of this departure requirements for the purpose of
Act shall constitute attempted trafficking in promoting trafficking in persons;
persons. c. To advertise, publish, print, broadcast or
distribute, or cause the advertisement,
Attempted Trafficking where the victim is a child publication, printing, broadcasting or
Any of the following acts shall also be deemed as distribution by any means, including the
attempted trafficking in persons where victim is a use of information technology and the
child: internet, of any brochure, flyer, or any
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propaganda material that promotes Penalty

trafficking in persons; Any person found guilty of committing any of the
d. To assist in the conduct of acts enumerated above shall suffer the penalty of
misrepresentation or fraud for purposes of imprisonment of fifteen (15) years and a fine of not
facilitating the acquisition of clearances and less than P500,000.00 but not more than
P1,000,000.00. (Sec. 10 (d))
necessary exit documents from
government agencies that are mandated to
6. QUALIFIED TRAFFICKING
provide pre-departure registration and
services for departing persons for the The following are considered as qualified trafficking:
purpose of promoting trafficking in persons; a. When the trafficked person is a child;
e. To facilitate, assist or help in the exit and b. When the adoption is effected through
entry of persons from/to the country at Republic Act No. 8043, otherwise known as
international and local airports, territorial the “Inter-Country Adoption Act of 1995”
boundaries and seaports who are in and said adoption is for the purpose of
possession of unissued, tampered or prostitution, pornography, sexual
fraudulent travel documents for the exploitation, forced labor, slavery,
purpose of promoting trafficking in persons; involuntary servitude or debt bondage;
f. To confiscate, conceal, or destroy the c. When the crime is committed by a
passport, travel documents, or personal syndicate, or in large scale.
documents or belongings of trafficked
persons in furtherance of trafficking or to Trafficking is deemed committed by a
prevent them from leaving the country or syndicate if carried out by a group of three
seeking redress from the government or (3) or more persons conspiring or
appropriate agencies; confederating with one another. It is
g. To knowingly benefit from, financial or deemed committed in large scale if
otherwise, or make use of, the labor or committed against three (3) or more
services of a person held to a condition of persons, individually or as a group;
d. When the offender is a spouse, an
involuntary servitude, forced labor, or
ascendant, parent, sibling, guardian or a
slavery.
person who exercises authority over the
h. To tamper with, destroy, or cause the
trafficked person or when the offense is
destruction of evidence, or to influence or
committed by a public officer or employee;
attempt to influence witnesses, in an
e. When the trafficked person is recruited to
investigation or prosecution of a case under
engage in prostitution with any member of
this Act;
the military or law enforcement agencies;
i. To destroy, conceal, remove, confiscate or
f. When the offender is a member of the
possess, or attempt to destroy, conceal,
military or law enforcement agencies;
remove, confiscate or possess, any actual
g. When by reason or on occasion of the act
or purported passport or other travel,
of trafficking in persons, the offended party
immigration or working permit or document,
dies, becomes insane, suffers mutilation or
or any other actual or purported
is afflicted with Human Immunodeficiency
government identification, of any person in
Virus (HIV) or the Acquired Immune
order to prevent or restrict, or attempt to
Deficiency Syndrome (AIDS);
prevent or restrict, without lawful authority,
h. When the offender commits one or more
the person’s liberty to move or travel in
violations of Section 4 over a period of sixty
order to maintain the labor or services of
(60) or more days, whether those days are
that person; or
continuous or not; and
j. To utilize his or her office to impede the
i. When the offender directs or through
investigation, prosecution or execution of
another manages the trafficking victim in
lawful orders in a case under this Act. (Sec.
carrying out the exploitative purpose of
5)
trafficking. (Sec. 6)
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Penalty 9. OTHER RELEVANT RULES

Any person found guilty of qualified trafficking shall
suffer the penalty of life imprisonment and a fine of Legal Protection
not less than P2,000,000.00 but not more than Trafficked persons shall not be penalized for
P5,000,000.00. (Sec. 10 (d)) unlawful acts committed as a direct result or
incident, or in-elation to being trafficked enumerated
7. INITIATION AND PROSECUTION OF in this act. In this regard, the consent of a trafficked
CASES person to the intended exploitation set forth in this
Act shall be irrelevant.
a. Initiation of Investigation
Law enforcement agencies are mandated to Victims of trafficking for purposes of prostitution as
immediately initiate investigation and counter- defined under Section 4 of this Act are not covered
trafficking-intelligence gathering upon receipt of by Article 202 of the Revised Penal Code and as
statements or affidavit from victims of trafficking, such, shall not be prosecuted, fined, or otherwise
migrant workers, or their families who are in penalized under the said law. (Sec. 17)
possession of knowledge or information about
trafficking in persons cases. Irrelevance of Past Sexual Behavior
The past sexual behavior or the sexual
b. Prosecution of Cases predisposition of a trafficked person shall be
Any person who has personal knowledge of the considered inadmissible in evidence for the purpose
of proving consent of the victim to engage in sexual
commission of any offense under this Act, such as
the trafficked person, the parents, spouse, siblings, behavior, or to prove to predisposition, sexual or
children or legal guardian may file a complaint for otherwise, of a trafficked person.
trafficking.
Cases
People v. Lalli, G.R. No. 195419, 2011
c. Affidavit of Desistance
Given the broad definition of recruitment and
Cases involving trafficking in persons should not be
placement, even the mere act of referring someone
dismissed based on the affidavit of desistance
for placement abroad can be considered
executed by the victims or their parents or legal
recruitment. Such act of referral, in connivance with
guardians. Public and private prosecutors are
someone without the requisite authority or POEA
directed to oppose and manifest objections to
license, constitutes illegal recruitment. In its simplest
motions for dismissal. (Sec. 8)
terms, illegal recruitment is committed by persons
who, without authority from the government, give the
8. PRESCRIPTIVE PERIOD impression that they have the power to send
workers abroad for employment purposes.
Trafficking cases under this Act shall prescribe in
ten (10) years. Lalli, Aringoy and Relampagos have conspired and
confederated with one another to recruit and place
Trafficking cases committed by a syndicate or in a Lolita for work in Malaysia without a POEA license.
large scale, or against a child, shall prescribe in The three elements of syndicated illegal recruitment
twenty (20) years. are present in this case:
1. The accused have no valid license or
The prescriptive period shall commence to run from authority required by law to lawfully engage
the day on which the trafficked person is in recruitment and placement of workers;
delivered or released from the conditions of
2. The accused engaged in recruitment and
bondage, or in the case of a child victim, from the
day the child reaches the age of majority, and place by actually recruiting, deploying, and
shall be interrupted by the filing of the complaint or transporting Lolita to Malaysia; and,
information and shall commence to run again when 3. Illegal recruitment was committed by three
the proceedings terminate without the accused persons, conspiring and confederating with
being convicted or acquitted or are unjustifiably one another.
stopped for any reason not imputable to the
accused. (Sec. 12) People v. Casio, G.R. No. 211465, 2014
An Information was filed against X, charging her for
violating R.A. 9208 Sec. 4(a), qualified by Sec. 6(a).
The Information states that: X, with deliberate intent,
with intent to gain, did then and there hire and/or
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recruit Y, a minor, 17 years old and Z for the purpose 2. The means used include "by means of threat,
of prostitution and sexual exploitation, by acting as or use of force, or other forms of coercion,
their procurer for different customers, for money, abduction, fraud, deception, abuse of power
profit, or any other consideration. The accused, X, or of position, taking advantage of the
testified that while she was walking outside, two vulnerability of the person, or, the giving or
men asked her if she knew someone named “A,” but
receiving of payments or benefits to achieve
she replied that she only knew a certain “Y.” The two
men said that they were actually looking for Y, gave the consent of a person having control over
her a piece of paper with a number on it, and told another person
her to tell Y to bring companions. When X arrived 3. The purpose of trafficking includes "the
home, she contacted Y. Y convinced her to come exploitation or the prostitution of others or
because allegedly, she would be given money by other forms of sexual exploitation, forced
the two males. The RTC found X guilty beyond labor or services, slavery, servitude or the
reasonable doubt. The Court of Appeals likewise removal or sale of organs[.]"
affirmed the same. X argued that Y admitted to her
that she was already engaged in prostitution, and Here, Y was charged with having violated qualified
therefore led X to conclude that Y was predisposed trafficking in relation to Section 4 (e) of Republic Act
to having sex with customers for money. Can X’s No. 9208, which provides that it is unlawful for
argument prosper? anyone to maintain or hire a person to engage in
prostitution or pornography.
No. Under Sec. 3(a) of R.A. 9208, trafficking in
persons can still be committed even if victim gives The court held that the victim’s consent is rendered
consent. The victim’s consent is rendered meaningless due to the coercive, abusive, or
meaningless due to coercive, abusive, or deceptive deceptive means employed by perpetrators of
means employed by perpetrators of human human-trafficking. Even without the use of coercive,
trafficking. R.A. 9208 further defines what qualifies abusive, or deceptive means, a minor’s consent is
the crime of trafficking in persons, and one of them not given out of his or her own free will. Y took
is when trafficked person is a child. The crime has advantage of the vulnerability of Z as a minor. Z ‘s
been consummated for the mere “transaction” i.e. acquiescence to the transaction cannot be a valid
that ‘solicitation’ for sex and handling over of the defense.
“bust money” already consummated the act.
Santiago, Jr. y Santos v. People, G.R. No.
People of the Philippines v. Nancy Lasaca 213760, 2019
Ramirez, G.R. No. 217978, 2019 The RTC found X of the crime of trafficking in
Officer X went undercover in a KTV Bar where persons punished under Section 4(a) of Anti-
prostitution was rampant. Y approached officer X Trafficking in Persons, giving credence to the
and offered special services to be given by Z in testimony of A, whom X recruited to have sex with
exchange for money. Z was a minor. Officer X Z, who was designated as a confidential police
accepted the agreement and hailed a cab for Z and asset, for P500. The CA affirmed the conviction of
himself to head to a motel. Before arriving in the X. X argues that the prosecution failed to prove his
motel Z asked for the payment in exchange for the guilt beyond reasonable doubt as Z, the confidential
special services which Officer X complied with, informant was not able to give a testimony, thus
however shortly after he asked the taxi to stop and raising doubt on whether petitioner truly offered A to
introduced himself as an Officer. He went back to Z. Is X’s argument tenable?
the KTV Bar and arrested Y. In the defense of, Y she
claimed that Z has given consent to conduct the No. The Court denied X’s contention. The testimony
interaction therefore absolving her from liability. Is Y of the confidential informant is not indispensable in
still guilty? the crime of trafficking in persons. Neither is his
identity relevant. It is sufficient that the accused has
Yes. Under Republic Act No. 10364, the elements lured, enticed, or engaged its victims or transported
of trafficking in persons have been expanded to them for the established purpose of exploitation,
include the following acts: which was sufficiently shown by the trafficked
1. The act of "recruitment, obtaining, hiring, person's testimony alone.
providing, offering, transportation, transfer,
maintaining, harboring, or receipt of persons
with or without the victim's consent or -- end of topic --
knowledge, within or across national borders
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J. ANTI-VIOLENCE AGAINST WOMEN force, physical or other harm or

AND THEIR CHILDREN ACT OF 2004 threat of physical or other harm or
(R.A. NO. 9262) coercion
Prostituting the woman or child.
C. Psychological Violence
a. Violence against women and their Psychological violence refers to acts or
children omissions causing or likely to cause
It refers to any act or a series of acts committed by mental or emotional suffering of the
any person victim such as but not limited to
intimidation, harassment, stalking, damage
a. against a woman who is his wife, former to property, public ridicule or humiliation,
wife, or against a woman with whom the repeated verbal abuse and marital
person has or had a sexual or dating infidelity.
relationship, or with whom he has a
common child; or It includes causing or allowing the victim to
b. against her child whether legitimate or witness the physical, sexual or
illegitimate, within or without the family psychological abuse of a member of the
abode, family to which the victim belongs, or to
witness pornography in any form or to
witness abusive injury to pets or to unlawful
which result in or is likely to result in physical, or unwanted deprivation of the right to
sexual, psychological harm or suffering, or custody and/or visitation of common
economic abuse including threats of such acts, children.
battery, assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited to,
D. Economic abuse
the following acts:
Economic abuse refers to acts that make
or attempt to make a woman financially
A. Physical Violence
Physical violence refers to acts that dependent which includes, but is not
include bodily or physical harm; limited to the following:
Withdrawal of financial support or
B. Sexual Violence preventing the victim from
Sexual violence refers to an act which is engaging in any legitimate
sexual in nature, committed against a profession, occupation, business
woman or her child. It includes, but is not or activity, except in cases wherein
limited to: the other spouse/partner objects
rape, sexual harassment, acts of on valid, serious and moral
lasciviousness, treating a woman grounds as defined in Article 73 of
or her child as a sex object, making the Family Code;
demeaning and sexually Deprivation or threat of deprivation
suggestive remarks, physically of financial resources and the right
attacking the sexual parts of the to the use and enjoyment of the
victim’s body, forcing her/him to conjugal, community or property
watch obscene publications and owned in common;
indecent shows or forcing the Destroying household property; or
woman or her child to do indecent Controlling the victims’ own money
acts and/or make films thereof, or properties or solely controlling
forcing the wife and mistress/lover the conjugal money or properties.
to live in the conjugal home or b. Battery
sleep together in the same room It refers to an act of inflicting physical harm upon the
with the abuser; woman or her child resulting to the physical and
acts causing or attempting to psychological or emotional distress.
cause the victim to engage in any
sexual activity by force, threat of
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c. Battered woman syndrome engage in, or attempting to restrict or

It refers to a scientifically defined pattern of restricting the woman’s or her child’s
psychological and behavioral symptoms found in freedom of movement or conduct by force
women living in battering relationships as a result of or threat of force, physical or other harm or
cumulative abuse. threat of physical or other harm, or
intimidation directed against the woman or
d. Stalking child. This shall include, but not limited to,
It refers to an intentional act committed by a person the following acts committed with the
who, knowingly and without lawful justification
purpose or effect of controlling or restricting
follows the woman or her child or places the woman
or her child under surveillance directly or indirectly the woman’s or her child’s movement or
or a combination thereof. conduct:
Threatening to deprive or actually
e. Dating Relationship depriving the woman or her child of
It refers to a situation wherein the parties live as custody to her/his family;
husband and wife without the benefit of marriage or Depriving or threatening to deprive
are romantically involved over time and on a the woman or her children of
continuing basis during the course of the financial support legally due her or
relationship. her family, or deliberately
providing the woman’s children
A casual acquaintance or ordinary socialization
insufficient financial support;
between two individuals in a business or social
context is not a dating relationship. Depriving or threatening to deprive
the woman or her child of a legal
f. Sexual Relations right;
It refers to a single sexual act which may or may not Preventing the woman in engaging
result in the bearing of a common child. in any legitimate profession,
occupation, business or activity or
g. Children controlling the victim’s own
It refers to those below eighteen (18) years of age mon4ey or properties, or solely
or older but are incapable of taking care of controlling the conjugal or
themselves as defined under Republic Act No. common money, or properties;
7610. This term includes the biological children of f. Inflicting or threatening to inflict physical
the victim and other children under her care. (Sec. harm on oneself for the purpose of
3)
controlling her actions or decisions;
g. Causing or attempting to cause the woman
2. PUNISHABLE ACTS
or her child to engage in any sexual activity
What are punishable acts under R.A. No. 9262 which does not constitute rape, by force or
threat of force, physical harm, or through
The crime of violence against women and their intimidation directed against the woman or
children is committed through any of the following her child or her/his immediate family;
acts: h. Engaging in purposeful, knowing, or
a. Causing physical harm to the woman or her reckless conduct, personally or through
child; another, that alarms or causes substantial
b. Threatening to cause the woman or her emotional or psychological distress to the
child physical harm; woman or her child. This shall include,
c. Attempting to cause the woman or her child but not be limited to, the following acts:
physical harm; Stalking or following the woman
d. Placing the woman or her child in fear of or her child in public or private
imminent physical harm; places;
e. Attempting to compel or compelling the
woman or her child to engage in conduct Peering in the window or
which the woman or her child has the right lingering outside the residence
to desist from or desist from conduct which of the woman or her child;
the woman or her child has the right to
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Entering or remaining in the crime, the courts shall be assisted by expert

dwelling or on the property of psychiatrists/ psychologists. (Sec. 26)
the woman or her child against
4. OTHER RELEVANT ISSUES
her/his will;
Applicable to Lesbian Relationships
Destroying the property and
Women may be held liable under the law for lesbian
personal belongings or inflicting relationships. (Barangay Protection Order RA 9262:
harm to animals or pets of the A Primer. Department of Interior and Local
woman or her child; and Government, National Barangay Operations Office,
2004.)
Engaging in any form of
harassment or violence; Absence of dating relationship or marriage does
i. Causing mental or emotional anguish, not preclude the presence of conspiracy
While the said provision provides that the offender
public ridicule or humiliation to the
be related or connected to the victim by marriage,
woman or her child, including, but not former marriage, or a sexual or dating relationship,
limited to, repeated verbal and it does not preclude the application of the principle
emotional abuse, and denial of financial of conspiracy under the RPC. Hence, parents-in-law
support or custody of minor children of may be punished under the said law. (Go-Tan v.
access to the woman’s child/children. Tan, G.R. No. 168852, 2008)
(Sec. 5)
Applicable to violence committed against
women in illicit relationship
Women in illicit relationship are entitled to protection
3. BATTERED WOMAN SYNDROME
under the Anti-VAWC Law because the law does not
make any distinction. (Cabanez vs. AAA, G.R. No.
Cycle of Violence 187175)
a. Tension building phase;
b. Acute battering incident; and The mother has a personality to file a BPO on
c. Tranquil, loving phase (non-violent behalf of her child, except when her child
phase). (People v. Genosa, G.R. No. already files one.
1395981, 2004)
Facts: AA filed a Complaint-Affidavit against X for
Characteristics of the Syndrome slight physical injuries. Subsequently, filed an
a. The woman believes that the violence was Amended Complaint-Affidavit to include
her fault; maltreatment in relation to the Anti-VAWC Law as a
b. She has an inability to place the ground. The Assistant Prosecutor dismissed
responsibility for the violence elsewhere; because she failed to substantiate her allegations.
c. She fears for her life and/or her children’s BB (mother of AA) filed in the lower court for AA’s
benefit, praying for the issuance of a Temporary
life; and
Protection Order or Permanent Protection Order
d. She has an irrational belief that the abuser under the Anti-VAWC Law. BB added that she had
is omnipresent and omniscient. been aware of her daughter's ordeal and that her
daughter was admitted to St. Agnes General
Hospital for injuries borne by X‘s alleged acts of
violence. X filed Omnibus Motions praying for the
Battered Woman Syndrome as a defense dismissal of BB's petition alleging that he did not
Victim-survivors who are found by the courts to be personally received it. However, the court dismissed
suffering from battered woman syndrome do not his claim for the reason that substituted summons
incur any criminal and civil liability suffice because he is out of the country. Did BB
notwithstanding the absence of any of the engage in forum shopping by filing a petition for the
elements for justifying circumstances of self- issuance of a protection order after a criminal
defense under the Revised Penal Code. complaint under the Anti-VAWC Law was dismissed
by the prosecutor?
In the determination of the state of mind of the Ruling: In denying petitioner's Omnibus Motion,
woman who was suffering from battered woman Judge CC ruled that BB had personality to file a
syndrome at the time of the commission of the petition for the issuance of a protection order to
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benefit her daughter. It was equally ruled that BB did relation to Section 3 (a), Paragraph (C) was
not engage in forum shopping despite the committed outside Philippine territory, that the victim
prosecutor's prior dismissal of a criminal complaint be a resident of the place where the complaint is
filed by AA against petitioner for slight physical filed in view of the anguish suffered being a material
injuries and maltreatment in relation to the Anti- element of the offense.(AAA v. BBB, G.R. No.
212448, 2018)
VAWC Law. Finally, it was established that
jurisdiction over petitioner's person was properly
acquired through substituted service. -- end of topic --
The mother of a victim of acts of violence against

women and their children is expressly given
K. ANTI-WIRETAPPING ACT (R.A. No.
personality to file a petition for the issuance of a
protection order by Section 9(b) of the Anti-VAWC 4200)
Law. However, the right of a mother and of other
persons mentioned in Section 9 to file such a 1. PROHIBITED ACTS
petition is suspended when the victim has filed a
petition for herself. Nevertheless, in this case, It shall be unlawful for any person to commit any of
respondent BB filed her petition after her daughter's the following acts:
complaint-affidavit had already been dismissed.
(Pavlov v. Mendenilla, G.R. No. 181489, 2017) a. Not being authorized by all the parties to
any private communication or spoken word,
Act of violence need not be a consequence of to tap any wire or cable, or by using any
sexual or dating relationship other device or arrangement, to secretly
While it is required that the offender has or had a
overhear, intercept, or record such
sexual or dating relationship with the offended
communication or spoken word by using a
woman, for RA 9262 to be applicable, it is not
indispensable that the act of violence be a device commonly known as a dictaphone
consequence of such relationship. It is immaterial or dictagraph or detectaphone or walkie-
whether the relationship had ceased for as long as talkie or tape recorder, or however
there is sufficient evidence showing the past or otherwise described;
present existence of such relationship between the b. be he a participant or not in the act or acts
offender and the victim when the physical harm was penalized in the next preceding sentence,
committed. (Dabalos v. RTC, G.R. No. 193960, to knowingly possess any tape record,
2013) wire record, disc record, or any other such
record, or copies thereof, of any
A Philippine Court can validly take jurisdiction communication or spoken word secured
of the case if one of the material elements of the
either before or after the effective date of
crime occurred in the Philippines.
The law contemplates that acts of violence against this Act in the manner prohibited by this
women and their children may manifest as transitory law;
or continuing crimes; meaning that some acts c. to replay the same for any other person/s;
material and essential thereto and requisite in their d. to communicate the contents thereof, either
consummation occur in one municipality or territory, verbally or in writing, or to furnish
while some occur in another. In such cases, the transcriptions thereof, whether complete or
court wherein any of the crime's essential and partial, to any other person; or,
material acts have been committed maintains e. to willfully or knowingly do or aid, permit, or
jurisdiction to try the case; it being understood that cause to be done any of the acts under the
the first court taking cognizance of the same
above-items (a) to (d) or any order issued
excludes the other. Thus, a person charged with a
continuing or transitory crime may be validly tried in thereunder, or aids, permits, or causes
any municipality or territory where the offense was such violation. (Secs. 1 and 2)
in part committed.
It is necessary, for Philippine courts to have

jurisdiction when the abusive conduct or act of
violence under Section 5 (i) of R.A. No. 9262 in
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2. ALLOWABLE WIRETAPPING the case of telegraphic or telephonic

communications, the telegraph line or the
Nothing under this Act shall render it unlawful or telephone number involved and its location;
punishable for any peace officer, authorized by a b. identity of the peace officer authorized to
written order of the Court, to execute any of the overhear, intercept, or record the
acts declared to be unlawful above in cases communications, conversations,
involving the following crimes: discussions, or spoken words;
c. offense or offenses committed or sought to
a. Treason;
be prevented; and
b. Espionage;
d. the period of the authorization.
c. Provoking war and disloyalty in case of war;
d. Piracy; The authorization shall be effective for the period
e. Mutiny in the high seas; specified in the order which shall not exceed sixty
f. Rebellion; (60) days from the date of issuance of the order,
g. Conspiracy and proposal to commit UNLESS extended or renewed by the court upon
rebellion, inciting to rebellion; being satisfied that such extension or renewal is in
h. Sedition, conspiracy to commit sedition, the public interest.
inciting to sedition;
i. Kidnapping as defined by the Revised 3. INADMISSIBILITY
Penal Code; and,
j. Violations of Commonwealth Act No. 616, Any communication or spoken word, or the
punishing espionage and other offenses existence, contents, substance, purport, effect, or
meaning of the same or any part thereof, or any
against national security. (Sec. 3)
information therein contained, obtained or secured
by any person in violation of this Act shall not be
The written order shall only be issued or granted – admissible in evidence in any judicial, quasi-
a. Upon written application and the judicial, legislative or administrative hearing or
examination under oath or affirmation of the investigation. (Sec. 4)
applicant and the witnesses he may
produce; 4. OTHER RELEVANT RULES
b. That there are reasonable grounds to
believe that any of the crimes enumerated The Act clearly and unequivocally makes it illegal for
above has been committed or is being any person, not authorized by all the parties to any
committed or is about to be committed; private communication to secretly record such
In cases involving the offenses of rebellion, communication by means of a tape recorder. The
conspiracy and proposal to commit law makes no distinction as to whether the party
rebellion, inciting to rebellion, sedition, sought to be penalized by the statute ought to be a
conspiracy to commit sedition, and inciting party other than or different from those involved in
to sedition, such authority shall be granted the private communication. (Ramirez v. Court of
only upon prior proof that a rebellion or acts Appeals, G.R. No. 93833, 1995)
of sedition, as the case may be, have
actually been or are being committed. An extension telephone cannot be placed in the
c. That there are reasonable grounds to same category as a dictaphone, dictagraph or the
believe that evidence will be obtained other devices enumerated in Section 1 of RA No.
4200 as the use thereof cannot be considered as
essential to the conviction of any person
"tapping" the wire or cable of a telephone line.
for, or to the solution of, or to the Hence, the phrase "device or arrangement" in
prevention of, any such crimes; and Section 1 of RA No. 4200, although not exclusive to
d. that there are no other means readily that enumerated therein, should be construed to
available for obtaining such evidence. comprehend instruments of the same or similar
nature, that is, instruments the use of which would
The written order of the Court granted or issued be tantamount to tapping the main line of a
shall specify – telephone. It refers to instruments whose installation
a. identity of the person or persons whose or presence cannot be presumed by the party or
communications, conversations, parties being overheard because, by their very
discussions, or spoken words are to be nature, they are not of common usage and their
overheard, intercepted, or recorded and, in purpose is precisely for tapping, intercepting or
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recording a telephone conversation. (Gaanan v. 5. The payee or holder of the dishonored

Intermediate Appellate Court, G.R. No. L-69809, check gives a written notice of dishonor and
1986) demand for payment; and,
6. After receipt of the written notice and
-- end of topic -- demand, refuses or fails to pay the value of
the check within five (5) banking days.
L. BOUNCING CHECKS LAW (B.P. BLG. Q: ABC Corporation entered into a lease-to-own
22) arrangement with Bank B for a vehicle wherein they
agreed that Bank B will remain as the registered
1. PUNISHABLE ACTS owner of the subject vehicle until full payment. Later
ABC Corporation gave the possession of the subject
a. With insufficient funds upon making vehicle to X, wherein the ownership of the vehicle
or drawing and issuing check (Sec. 1, will only be transferred to X after full payment of the
par. 1) vehicle to ABC Corporation. X issued 34 post-dated
checks to ABC Corp for payment of the vehicle,
ELEMENTS: wherein the corporation deposited the said checks
to Bank B. 11 out of the 34 checks were honored,
1. Any person makes or draws and issues a
the rest were dishonored due to being drawn from
check to apply on account or for value; insufficient funds. ABC Corporation sent demand
2. Knowledge of the maker, drawer or issuer letters to X but such demand remained unheeded.
that he does not have sufficient funds in the Thus the corporation filed multiple counts of
drawee bank for the payment of such check violations of B.P. 22 against X. X argues that he
in full upon its presentment; never received a notice of dishonor and she only
3. The (a) subsequent dishonor of the check knew of the dishonor of said checks when she
by the drawee bank for insufficiency of received a complaint. ABC Corporation on the other
funds or credit, OR (b) dishonor for the hand argues that X admitted that she received a
same reason had not the drawer, without demand letter during the pre-trial conference, but
such admission was not put into writing. The RTC
any valid cause, ordered the bank to stop
acquitted the accused because the corporation
payment;
failed to prove that X received a notice of dishonor.
4. The payee or holder of the dishonored The Court of Appeals reversed the acquittal. W/N
check gives a written notice of dishonor and the CA was correct on reversing the acquittal?
demand for payment; and,
5. After receipt of the written notice and A: It appears in this case that the agreement or
demand, refuses or fails to pay the value of admissions made or entered during the preliminary
the check within five (5) banking days. (Bax conference were not reduced in writing and signed
v. People, G.R. No. 149858, 2007). by the accused and her counsel, hence, such
agreement or admissions cannot be used against
the accused. This being the case, any agreement or
b. With sufficient funds upon making or admissions made and entered during the
drawing and issuing, but failed to preliminary conference which was not signed by the
keep the funds (Sec. 1, par. 2) accused and her counsel cannot be used against
said accused. Because the receipt of a notice of
ELEMENTS: dishonor could not be proved which is one of the
1. Any person makes or draws and issues a key elements for proving a violation of B.P.22 in
check to apply on account or for value; this case because the admissions in this case of
2. He had sufficient funds in or credit with the X could not be used due to it not being put in
drawee bank upon making or drawing and writing and signed by the counsel and approved
issuing the check; by the court, the CA was incorrect on reversing the
3. Failure to keep sufficient funds or to acquittal of the accused. (Mandagan v. Jose Valero
maintain a credit to cover the full amount of Corporation, G.R. No. 215118, June 19, 2019)
the check, if presented within 90 days from
the date appearing thereon;
4. The drawee bank dishonors the check for
such reason;
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2. EVIDENCE OF KNOWLEDGE OF that there were no sufficient funds in or credit

INSUFFICIENCY OF FUNDS with such bank for the payment in full of such
check, if such be the fact.
General Rule
The making, drawing and issuance of a check which The introduction in evidence of the unpaid and
is refused by the drawee because of insufficient dishonored check, with drawee’s refusal written,
funds in or credit with such bank, when presented printed or stamped on it, with the reason therefore,
within ninety (90) days from the date of the check, shall be prima facie evidence of the making,
shall be prima facie evidence of knowledge of such issuance and presentment for payment of the said
insufficiency of funds or credit check to the drawee, as well as its proper dishonor
for the reason written on said check. (Sec. 3)
Exceptions
If the maker or drawer: 4. DEFENSE AGAINST BP 22
a. Pays the holder thereof the amount due
thereon; or, a. The check was issued as payment of a
b. Makes arrangements for payment in full by warranty deposit paid by an accommodating
the drawee of such check within five (5) party (respondent/private complainant) as
banking days after receiving notice that required under the lease-purchase agreement,
such check has not been paid by the
with the latter not ripening into a purchase but
drawee. (Sec. 2).
remaining a lease with rentals. To charge the
Notice of Dishonor must be received by accused for the refund of a "warranty deposit"
the accused in order for the which he did not withdraw as it was not his own
presumption to arise account, it having remained with LS Finance,
If such notice of non-payment by the is to even make him pay an unjust "debt", to
drawee bank is not sent to the maker or say the least, since petitioner (accused) did not
drawer of the check, or if there is no proof receive the amount in question. (Magno v. CA,
as to when such notice was received by the G.R. No. 96132, 1992)
drawer, then the presumption or prima facie b. The required notice of dishonor has not been
evidence cannot arise, since there would
given. The drawer should be given a notice of
simply be no way of reckoning the crucial 5-
day period. dishonor to give him the opportunity to make
good the value of the check within 5 banking
Thus, this Court further ruled in King, "in days.
order to create the prima facie presumption c. The dishonor of the check was not due to
that the issuer knew of the insufficiency of insufficiency of funds. If reason for dishonor is
funds, it must be shown that he or she other than insufficiency of funds, such as
received a notice of dishonor and, within failure of consideration, BP 22 is not violated.
five banking days thereafter, failed to d. The check was presented for payment beyond
satisfy the amount of the check or make 180 days from maturity.
arrangement for its payment." (Chua vs.
e. Valid cause to stop payment.
People, G.R. No. 196853, 2015)
f. Complainant was informed by issuer
beforehand that the account had closed.
3. DUTY OF DRAWEE g. The complainant is the actual or potential
wrongdoer or he had no more right to encash
a. When refusing to pay check to the holder the check for payment.
upon presentment, the drawee must cause to h. Only an oral notice or demand to pay was given
be written, printed, or stamped in plain to the drawer upon dishonor of drawee. The
language thereon, or attached thereto, the law requires that the insufficiency of funds in or
reason for drawee's dishonor or refusal to credit shall be explicitly stated in the written
pay the same. notice of dishonor and demand for payment.
b. If there are no sufficient funds in or credit with (Domagsang v. Court of Appeals, G.R. No.
such drawee bank, such fact shall always be
139292, 2000)
explicitly stated in the notice of dishonor or
refusal.
c. Notwithstanding receipt of an order to stop
payment, the drawee shall state in the notice
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5. INVALID DEFENSES
a. Done through the use of a diplomatic passport,
a. That the check that was dishonored was a diplomatic facilities, or any other means
mere guarantee involving an offenders' official status intended
b. That the check was a memorandum check to facilitate unlawful entry; and
c. In Estafa cases, that there was payment after b. Acting as organizer, manager, or financier.
the three-day period (Sec. 4)
d. If the information has already been filed in
Court, payment does not exonerate the b. Sale, trading, administration,
accused dispensation, delivery, distribution
and transportation of dangerous
-- end of topic – drugs and/or controlled precursors
and essential chemicals, including
any and all species of opium poppy
M. COMPREHENSIVE DANGEROUS regardless of the quantity and purity
DRUGS ACT OF 2000 (R.A. NO. 9165, involved.
AS AMENDED BY R.A. NO. 10640)
The maximum penalty shall be imposed when:
a. It transpires within one hundred (100) meters
a. Den, Dive, Resort from the school.
It is a place where any dangerous drug and/or b. Using minors or mentally incapacitated
controlled precursor and essential chemical is individuals as runners, couriers and
administered, delivered, stored for illegal purposes, messengers, or in any other capacity.
distributed, sold or used in any form. c. The victim of the offense is a minor or a
mentally incapacitated individual, or should a
b. Drug syndicate dangerous drug and/or a controlled precursor
It refers to any organized group of two (2) or more and essential chemical involved in any
persons forming or joining together with the intention offense herein provided be the proximate
of committing any offense prescribed under this Act. cause of death of a victim.
d. Acting as organizer, manager, or financier.
(Sec. 5)
c. Financier
It refers to any person who pays for, raises or The fact of sale must be sufficiently
supplies money for, or underwrites any of the illegal established. It must be shown that the sale is
activities prescribed under this Act. consummated.
For a successful prosecution of the offense of
d. Protector/coddler illegal sale of dangerous drugs around RA 9165,
It refers to any person who knowingly and willfully the following elements must be proven:
consents to the unlawful acts provided for in this Act
and uses his/her influence, power or position in 1. the transaction or sale took place;
shielding, harboring, screening or facilitating the 2. the corpus delicti or the illicit drug was
escape of any person he/she knows, or has presented as evidence; and
reasonable grounds to believe on or suspects, has 3. the buyer and the seller were
violated the provisions of this Act in order to prevent identified. (People v. Buniag, G.R. No.
the arrest, prosecution and conviction of the violator. 217661, June 26, 2019)
Elements of illegal sale

2. PUNISHABLE ACTS a. Identity of the buyer and the seller, the
object of the sale and the consideration;
a. Importation of dangerous drugs b. Delivery of the thing sold and the payment
and/or controlled precursors and therefor. (People of the Philippines v.
essential chemicals, regardless of Teofilo Honrado and Romulo Honrado,
quantity or purity involved. G.R. No. 182197, 2012)
The maximum penalty shall be imposed when:
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Delivery is any act of knowingly passing a a. Any dangerous drug is administered, delivered
dangerous drug to another, personally or otherwise, or sold to a minor who is allowed to use the
and by any means, with or without consideration. same in such a place.
b. Acting as organizer, manager, or financier.
Q: X and Y were charged with Conspiracy to (Sec. 6)
Transport Illegal Drugs under Section 5, in
relation to Section 26, of RA 9165. The PDEA d. Being an employee of a den, dive or
received a tip from their informant that he was resort, who is aware of the nature of
being recruited by X to transport a certain the place as such. (Sec. 7)
luggage to Malaysia. Acting on the tip of the Any person who, not being included in the
PDEA, the informant then informed X that he provisions of the next preceding paragraph, is aware
found a willing recruit to transport the said of the nature of the place as such and shall
luggage to Malaysia. Z, the PDEA official who knowingly visit the same.
posed as the willing recruit met up with X in a
hotel in Malate Manila. X then briefed Z on his
e. Manufacture of dangerous drugs
mission in Malaysia. Y entered the room
afterwards bringing another luggage. When Z and/or controlled precursors and
peaked at the contents of the luggage, he found essential chemicals (Sec. 8)
sachets containing white crystalline The presence of any controlled precursor and
substances. A total of 4, 540.01 grams of shabu essential chemical or laboratory equipment in the
was found inside the luggages. The conviction clandestine laboratory is a prima facie proof of
of X and Y were nonetheless appealed. Was the manufacture of any dangerous drug. It shall be
conviction proper? considered an aggravating circumstance if the
clandestine laboratory is undertaken or established
A: The conviction was proper. All elements of under the following circumstances:
Conspiracy to Transport, sell, and deliver dangerous
drugs under Section 5, in relation to Section 26 of a. Any phase of the manufacturing process was
RA 9165 were present. In Illegal Transportation of conducted in the presence or with the help of
drugs, the movement of drugs from one place to minor/s;
another is the essential element. There is no definite b. Any phase or manufacturing process was
time when an accused will transport the drugs. established or undertaken within one hundred
Hence, the mere purpose of transportation and the (100) meters of a residential, business, church
fact of transportation of drugs are sufficient to or school premises;
constitute a conviction. Yet, even in the absence of
c. Any clandestine laboratory was secured or
actual conveyance, an attempt to transport
prohibited drugs is meted the same penalty protected with booby traps;
prescribed for the commission thereof under Section d. Any clandestine laboratory was concealed with
26 of R.A. 9165. The purpose to illegally transport legitimate business operations; or
drugs to Malaysia was established when Z was told e. Any employment of a practitioner, chemical
to go to the hotel for briefing. Z then was able to engineer, public official or foreigner.
confirm that the luggage contained white crystalline
substances. At that point, the crime of transportation The maximum penalty provided for under this
of prohibited drugs is already at its attempted stage. Section shall be imposed upon any person, who
Under the Revised Penal Code, the attempted organizes, manages or acts as a "financier" of any
phase of a felony occurs when the offender of the illegal activities prescribed in this Section.
commences the commission of a felony, directly by
overt acts, and does not perform all the acts of f. Illegal chemical diversion of
execution which should produce the felony by controlled precursors and essential
reason of some cause or accident other than his chemicals (Sec. 9)
own spontaneous desistance. (People v. Lacson y Chemical diversion is the sale, distribution, supply
Navarro, G.R. No. 229055, July 15, 2020.) or transport of legitimately imported, in-transit,
manufactured or procured controlled precursors and
c. Maintenance of a den, dive or resort. essential chemicals, in diluted, mixtures or in
The maximum penalty shall be concentrated form, to any person or entity engaged
imposed when: in the manufacture of any dangerous drug, and shall
include packaging, repackaging, labeling, relabeling
or concealment of such transaction through fraud,
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destruction of documents, fraudulent use of permits of illegal possession of dangerous drugs is the
misdeclaration, use of front companies or mail fraud. element of intent to possess or animus possidendi.
g. Manufacture or delivery of equipment, In criminal cases involving prohibited drugs, there

instrument, apparatus, and other can be no conviction unless the prosecution shows
paraphernalia for dangerous drugs that the accused knowingly, freely, intentionally,
and consciously possessed the prohibited
and/or controlled precursors and
articles in his person, or that animus possidendi is
essential chemicals. The maximum shown to be present together with his possession or
penalty shall be imposed when any control of such article.
person, who uses a minor or a
mentally incapacitated individual to The concept of possession contemplated under
deliver such equipment, instrument, Section 11 of R.A. No. 9165 goes beyond mere
apparatus and other paraphernalia for actual and physical possession of the drug
dangerous drugs. (Sec. 10) specimen. Otherwise, an unsuspecting person who
is victimized by the planting of evidence will be
unjustly prosecuted based on the sheer fact that
h. Possession of dangerous drugs,
illegal drugs were found to be in his possession. It
regardless of purity of the quantities must be proven that the person in whose
laid down in the act. (Sec. 11) possession the drug specimen was found knew
that he/she was possessing illegal drugs.
Use is presumed in possession Therefore, to prosecute an accused for illegally
If person who has tested positive is also found in possessing illegal drugs, it is not enough to show
possession of dangerous drugs, he should be that the accused knowingly and intentionally
prosecuted under possession. Hence, USE is possessed the bag or receptacle that contained
subsumed by POSSESSION. illegal drugs. The prosecution must go beyond
and provide evidence that the accused
EXC: where the presence of dangerous drugs as knowingly, freely, consciously, and intentionally
basis for possession is only and solely in the form of possessed illegal drugs. Jurisprudence tells us
residue, it would be more in keeping with the intent that since knowledge refers to a mental state of
of the law to file charges under use, and not awareness of a fact and, therefore, courts cannot
possession. (People v. Martinez, G.R. No. 191366, penetrate the mind of an accused and thereafter
2018 state its perceptions with certainty, resort to other
evidence is necessary. Hence, animus possidendi,
Elements of possession as a state of mind, may be determined on a case-to-
a. the accused is in possession of an item or case basis by taking into consideration the prior or
object, which is identified to be prohibited or contemporaneous acts of the accused, as well as
regulated drug; the surrounding circumstances. (Luna v. People,
b. such possession is not authorized by law; G.R. No. 231902, June 30, 2021)
and
c. the accused freely and consciously Possession can be actual or constructive
Actual possession exists when the drug is in the
possessed the drug. ((People v. Cañete y
immediate physical possession or control of the
Fernandez, G.R. No. 242018, July 3, 2019) accused. On the other hand, constructive
possession exists when the drug is under the
Illegal possession is mala prohibita hence intent dominion and control of the accused or when he has
is not an element, but prosecution must still the right to exercise dominion and control over the
prove intent to possess. place where it is found. (People v. Baer, G.R. No.
Despite the offense of illegal possession of 228958, August 14, 2019)
dangerous drugs being malum prohibitum, this,
however, does not lessen the prosecution's burden Exclusive possession or control is not
because it is still required to show that the necessary.
prohibited act was intentional. In cases involving “The accused cannot avoid conviction if his right to
the illegal possession of dangerous drugs, "the exercise control and dominion over the place where
prosecution is not excused from proving that the contraband is located, is shared with another.”
possession of the prohibited act was done 'freely However, the prosecution must prove that the
and consciously,' which is an essential element accused had knowledge of the existence and
of the crime." Hence, a critical element of the crime
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presence of the drug in the place under his control n. Failure to maintain or keep original
and dominion and the character of the drug. records of transactions on Dangerous
(Santos y Comprado v People, G.R. No. 242656, Drugs and/or controlled precursors
August 14, 2019) and essential chemicals (Sec. 17).
i. Possession of equipment, instrument,
o. Unnecessary prescription of
apparatus and other paraphernalia for
dangerous drugs – It is the act of
fit or intended for smoking,
prescribing any dangerous drug to
consuming, administering, injecting,
any person whose physical or
ingesting, or introducing any
physiological condition does not
dangerous drug into the body (Sec.
require the use or in the dosage
12).
prescribed therein (Sec. 18).
j. Possession of dangerous drugs
during parties, social gatherings or
p. Unlawful prescription of drugs – Any
meetings, or in the proximate
person, who, unless authorized by
company of at least two (2) persons,
law, shall make or issue a prescription
regardless of quantity and purity,
or any other writing purporting to be a
shall suffer maximum penalty (Sec.
prescription for any dangerous drug
13).
(Sec. 19)
k. Possession of equipment, instrument,
3. CHAIN OF CUSTODY
apparatus and other paraphernalia for
fit or intended for smoking, What is Chain of Custody
consuming, administering, injecting, It refers to the duly recorded authorized movements
ingesting, or introducing any and custody of seized drugs or controlled chemicals
dangerous drug into the body, during or plant sources of dangerous drugs or laboratory
parties, social gatherings or equipment of each stage, from the time of
meetings, or in the proximate seizure/confiscation to receipt in the forensic
company of at least two (2) persons laboratory to safekeeping to presentation in court for
shall suffer maximum penalty (Sec. destruction. Such record of movements and custody
14). of seized item shall include the identity and
signature of the person who held temporary custody
of the seized item, the date and time when such
l. Use of Dangerous Drugs, after being transfer of custody were made in the course of
found positive via a confirmatory test. safekeeping and use in court as evidence, and the
(Sec. 15) final disposition. (Section 1(b) of Dangerous Drugs
Board Regulation No. 1, Series of 2002).
As discussed under Sec. 11, this provision is not
applicable if the person tested is also found to have Rules on Chain Custody
in his/her possession such quantity of any a. At the place where the search warrant is
dangerous drug provided under Sec. 11. served, or nearest police station, or nearest
office of the apprehending officer/team, there
The conviction for illegal use of drugs presupposes
must be the inventory and photographs done in
the conduct of two tests: a screening test and a
the presence of the accused, or his/her
confirmatory test. Screening tests are conducted to
rapidly eliminate a negative result. Where the representative or counsel with:
accused was subjected to a urine test after his 1. An elected public official; and
apprehension but no confirmatory test was 2. Representative of the National
conducted to verify the result, the accused could not Prosecution Service or the media.
be convicted under Section 15 of RA 9165. (People
v. Lopez y Canlas, G.R. No. 247974, July 13, 2020) b. Within 24 hours from seizure, items must be
submitted to the PDEA Forensic laboratory for
m. Cultivation or culture of plants examination.
classified as dangerous drugs or are
sources thereof (Sec. 16).
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c. Immediately upon receipt of the subject item/s, c. Failure of the three required witnesses to sign
a certification under oath of the forensic the inventory receipt (People v. Doria y Perez,
laboratory examiner shall be made. G.R. No. 227854, October 09, 2019)
d. Within 72 hours from filing of criminal case, an d. Barangay tanods were present during the
ocular inspection shall be made. inventory. While two barangay tanods were
e. Within 24 hours from filing of ocular, the drugs present during the preparation of the inventory,
seized must be destroyed by the PDEA in the the law requires the presence of an elected
presence of the accused or the person/s from public official. Barangay tanods are not
whom such items were confiscated and/or elected; they are merely appointed by the
seized, or his/her representative or counsel, a Sangguniang Barangay (People v. Vertudes,
representative from the media and the DOJ, G.R. No. 220725 October 16, 2019)
civil society groups and any elected public e. The confiscated item subject of the sale was
official. not immediately marked upon seizure and
f. A representative sample in min. quantity shall remained unmarked while in the custody of the
be retained. Those that belong to lawful poseur-buyer. (People v. Cabriole, G.R. No.
commerce shall be donated or recycled for 248418, May 5, 2021)
legitimate purposes. f. Three days had passed since the items were
g. Sworn certification of destruction shall be seized from the accused (People v. Cordova,
issued by the Board and submitted to the court G.R. No. 231130, 2018)
with jurisdiction of the case, along with the g. Two separate inventories were conducted
sample. which were attended by different witnesses
h. Accused or representative are allowed to (People v. Cabrellos, G.R. No. 229826, 2018)
observe proceedings. If accused has no h. The drugs were turned over to the crime
counsel within 72hrs from written notice prior to laboratory 10 days after seizure (People v.
destruction, court shall appoint a counsel from Ching, G.R. No. 223556, 2017)
PAO. i. The drugs were turned over immediately to the
i. Within 24 hours from receipt of judgment – trial crime laboratory, without it being first delivered
prosecutor shall inform the Board and request to an investigating officer (People v. Calibod,
for leave to turn over the samples to PDEA for G.R. No. 230230, 2017)
destruction. j. Failure to comply with the turnover of the
seized drug paraphernalia to a forensic
Non-compliance with Sec 21(1) under justifiable laboratory within 24 hours from confiscation for
grounds, as long as the integrity and the evidentiary examination. (Cuico v. People, G.R. No.
value of the seized items are properly preserved by 232293, Dec. 9, 2020)
the apprehending officer/team, shall not render void k. There were discrepancies in the labels of the
and invalid such seizures and custody over said
seized items (People v. Alvaro, G.R. No.
items.
225596, 2018)
Violations of Chain Custody Rule l. There was a discrepancy in the weight of the
a. Accused was not present during the seized items (People v. Ramos, G.R. No.
photography of the seized items (People v. 233744, 2018)
Cordova, 231130, 2018) m. There was a discrepancy in the number of the
b. None of the three required witnesses were sachets shown in the photographs and the
present at the time of the arrest and the seizure number of sachets for which the accused is
of the drugs. The three required witnesses being charged of illegally possessing (People
should already be physically present at the v. Lumaya, G.R. No. 231983, 2018)
time of the conduct of the inventory of the n. Lack of evidence as to handling and condition
seized items which, again, must be of the specimen, as well as precautions taken
immediately done at the place of seizure and to ensure that there was no change in the
confiscation — a requirement that can easily condition of the specimen (People v.
be complied with by the buy-bust team Cardenas, G.R. No. 229046, September 11,
considering that the buy-bust operation is, by 2019.)
its nature, a planned activity o. Failure to correctly mark the drugs and failure
to make certificate of inventory for the items
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taken (People vs. Dagdag, G.R. No. 225503, (a) the accused or his/her
June 26, 2019) representative or counsel,
p. No photographs of the seized items were taken (b) an elected public official,
(People v. Escaran, G.R. No. 212170, June 19, (c) a representative from the media,
2019) (d) a representative from the
q. Failure of the prosecution Department of Justice (DOJ).
Q: X along with four (4) others were accused of The provision further requires the apprehending
violating Sections 5 and 11 of R.A. No. 9165 team to conduct a physical inventory of the seized
specifically the sale and possession of items and the photographing of the same
dangerous drugs, contrary to law. That the five immediately after seizure and confiscation. The said
(5) accused in conspiracy with one another inventory must be done in the presence of the
acting as a syndicate. The RTC convicted X on aforementioned required witness, all of whom shall
the strength of the prosecution’s claim while the be required to sign the copies of the inventory and
CA held that non-compliance with Sec. 21 of RA be given a copy thereof. In this case, the
9165 does not necessarily affect the integrity of apprehending team did not conduct the buy- bust
the evidence and result in the acquittal of the operation or the inventory post- operation in the
accused" and "what is of utmost importance is presence of the required witnesses. It was also
the preservation of the integrity and evidentiary testified that there was no media representative or
value of the seized items because the same will any elected public official during the stages
be utilized in ascertaining the guilt or innocence required. It bears emphasis that the presence of the
of the accused" and the CA went on to hold that required witnesses at the time of the apprehension
the prosecution was able to establish the proper and inventory is mandatory, and that the law
chain of custody. Was X’s guilt for violation of imposes the said requirement because their
Sections 5 and 11 of R.A. 9165 proven beyond presence serves an essential purpose. Concededly,
reasonable doubt? Sec. 21 of the IRR provides that "noncompliance of
these requirements under justifiable grounds, as
A: NO, X is acquitted. In order to convict a person long as the integrity and the evidentiary value of the
charged with the crime of illegal sale of dangerous seized items are properly preserved by the
drugs under Sec. 5, Article II of RA 9165, the apprehending officer/team, shall not render void and
prosecution must prove the following elements: invalid such seizures and custody over said items."
(1) the identity of the buyer and the seller, the
object and the consideration; and For this provision to be effective, however, the
(2) the delivery of the thing sold and the prosecution must first:
payment thereof. (1) recognize any lapse on the part of the
On the other hand, to reach a conviction in a case police officers and
involving the crime of illegal possession of (2) be able to justify the same.
dangerous drugs, the following must be proved In sum, the prosecution failed to provide justifiable
beyond reasonable doubt: grounds for the apprehending team's deviation from
(1) the accused is in possession of an item or the rules laid down in Sec. 21 of RA 9165. The
object which is identified to be a prohibited integrity and evidentiary value of the corpus delicti
drug; have thus been compromised.
(2) such possession is not authorized by law; (People v. Alcantara y Mapata, G.R. No. 231361,
and July 3, 2019)
(3) the accused freely and consciously
Links that the prosecution must establish with
possessed the said drug.
respect to the chain of custody in a buy bust
In all drugs cases, compliance with the chain of operation
custody rule is crucial in any prosecution that follows The following links must be established:
such an operation. Sec. 21, RA 9165 strictly a. Seizure and marking of the illegal drug
requires that: recovered from the accused by the  
(1) the seized items be inventoried and
apprehending officer;
photographed immediately after seizure or b. Turnover of the illegal drug seized by the
confiscation; and apprehending officer to the investigating  
(2) the physical inventory and photographing officer;
must be done in the presence of
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c. Turn over by the investigating officer of the In all drugs cases, compliance with the chain of
illegal drug to the forensic chemist for custody rule is crucial in any prosecution that
laboratory examination; and, follows such an operation. Sec. 21, RA 9165
d. Turnover and submission of the marked illegal strictly requires that:
drug seized by the forensic chemist to the (1) the seized items be inventoried and
court. (People v. Watamama, G.R. No. 18871, photographed immediately after seizure
2014)
or confiscation; and
Q: X was accused of violating Sections 5 of (2) the physical inventory and photographing
R.A. No. 9165 specifically the sale of must be done in the presence of
dangerous drugs contrary to law. The (a) the accused or his/her
prosecution states the following narration of representative or counsel,
facts: PDEA received a report from a (b) an elected public official,
confidential informant regarding X’s drug (c) a representative from the media,
activities and thereafter conducted a buy-
bust operation. The agents were able to obtain (d) a representative from the
one (1) sachet of shabu from X, after which the Department of Justice (DOJ).
agents identified themselves as members of
PDEA and X was handcuffed and searched. The provision further requires the apprehending
PDEA claims they have properly complied team to conduct a physical inventory of the seized
with the chain of custody. The defense pleads items and the photographing of the same
not guilty and poses the following narration of immediately after seizure and confiscation.
facts: An unknown female and two (2) Concededly, Sec. 21 of the IRR provides that
unknown armed males approached X, "noncompliance of these requirements under
pointing their gun at him; they grabbed him justifiable grounds, as long as the integrity and
and pulled his arms behind his back and the evidentiary value of the seized items are
brought him inside a vehicle. Thereafter, he properly preserved by the apprehending
was bodily searched twice by these officer/team, shall not render void and invalid
operatives. The agents brought X to a military such seizures and custody over said items." For
camp where he was forced to sign a this provision to be effective, however, the
document. Was X’s guilt for violation of prosecution must first:
Sections 5 of R.A. 9165 proven beyond (1) recognize any lapse on the part of the
reasonable doubt? police officers and
(2) be able to justify the same.
A: NO, X is acquitted. In order to convict a person
charged with the crime of illegal sale of In sum, the prosecution failed to provide
dangerous drugs under Sec. 5, Article II of RA justifiable grounds for the apprehending team's
9165, the prosecution must prove the following deviation from the rules laid down in Sec. 21 of
elements: RA 9165. The integrity and evidentiary value of
(1) the identity of the buyer and the seller, the corpus delicti have thus been compromised.
the object and the consideration; and (People v. Cañete y Fernandez, G.R. No.
(2) the delivery of the thing sold and the 242018, July 3, 2019)
payment thereof.
On the other hand, to reach a conviction in a case Q: In a buy-bust operation, X and Y were
involving the crime of illegal possession of arrested for selling and having in their
dangerous drugs, the following must be proved possession a dangerous drug,
beyond reasonable doubt: Methamphetamine Hydrocholoride, in violation
of R.A. No 9165. The two P1,000 bills used for the
(1) the accused is in possession of an item
purchase of the drugs were marked with “x”.
or object which is identified to be a The police officers also marked the two sachets
prohibited drug; of drugs bought and recovered from X and Y.
(2) such possession is not authorized by law; Since a crowd was forming within the crime
and scene, X and Y were brought to the barangay
hall where the police officers, witnessed by two
(3) the accused freely and consciously
barangay tanods, prepared the inventory and
possessed the said drug.
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took photographs thereon. Should X and Y be 4. PLEA BARGAINING

convicted of the crime charged?
Section 23 of the Dangerous Drugs Act declared
A: No, X and Y should not be convicted of the crime unconstitutional
charged. In drug cases, the confiscated drug is the While Section 23 of the Dangerous Drugs Act
very corpus delicti of the offense so the identity and provides that “any person charged under any
integrity of the seized drugs should be established provision of this Act regardless of the imposable
with moral certainty. The prosecution has to show penalty shall not be allowed to avail of the provision
an unbroken chain of custody over the seized drugs on plea-bargaining,” this provision has been stricken
from the moment of seizure until presentation in down as unconstitutional in Estipona v. Hon.
court. Lobrigo (G.R. 226679, 2017) for being contrary to
the rule-making authority of the Supreme Court
Section 21 of R.A. No. 9165 provides for the under Section 5 (5), Article VIII of the Constitution.
procedure in operations involving drugs cases: 1)
the seized items should be inventoried and
photographed immediately after seizure or 5. OTHER RELAVANT ISSUES
confiscation; 2) the physical inventory and
photographing must be done in the presence of a) Unbroken Chain of Custody is essential is the
the accused or his/her representative or counsel, b) object is not distinct and not identifiable
an elected public official, c) a representative from While testimony about a perfect chain is not always
the media, and d) a representative from the the standard because it is almost always impossible
Department of Justice. to obtain, an unbroken chain of custody becomes
indispensable and essential when the item of real
In this case, the apprehending team proceeded to evidence is not distinctive and is not readily
the barangay hall to prepare the inventory and to identifiable, or when its condition at the time of
take photographs of the same for the reason that a testing or trial is critical, or when a witness has
crowd was forming within the crime scene. They did failed to observe its uniqueness. The same
not allege that their safety was threatened or that the standard likewise obtains in case the evidence is
crowd meddled with their operation. The inventory susceptible to alteration, tampering, contamination
and photography were therefore done not and even substitution and exchange. In other
immediately after the seizure of the drugs in words, the exhibit’s level of susceptibility to
violation of Section 21 of R.A. No. 9165. Further, fungibility, alteration or tampering – without regard
none of the three required witnesses were present to whether the same is advertent or otherwise not –
at the time of the arrest of X and Y and the seizure dictates the level of strictness in the application of
of the drugs. While two barangay tanods were the chain of custody rule. (People v. Climaco, G.R.
present during the preparation of the inventory, the No. 199403, 2012)
law requires the presence of an elected public
official. Barangay tanods are not elected; they are Q: Accused X was charged and convicted of
merely appointed by the Sangguniang Barangay. violation of Section 11, Article II or R.A. No. 9165.
When the case was brought to the Supreme
In the case of People v. Lim (G.R. No. 231989) it Court, X contended that there was an
was held that it must be alleged and proved that the inconsistency in the testimony of police officer
absence of the three witnesses is due to reasons Y, one of the police officers present in the
such as: 1) their attendance was impossible search. During the trial, police officer Y affirmed
because the place of arrest was a remote area; 2) that during the conduct of the search, the
their safety was threatened by an immediate barangay captain, DOJ representative Z, a
retaliatory action of the accused or any person representative from the media and one barangay
acting in his or her behalf; 3) the elected officials kagawad were present. He also identified a
themselves were involved in the punishable acts series of photographs depicting the scenes
sought to be apprehended; 4) earnest efforts to during the implementation of the search warrant
secure the presence of a DOJ or media against X, and the affidavit he executed in
representative and an elected public official prove connection with the case. As a defense, X stated
futile through no fault of the arresting officers; or 5) that police officer Y’s affidavit neglected to
time constraints and urgency prevented the officers categorically mention the presence of DOJ
from obtaining the presence of the required
representative Z during the search operation
witnesses. In this case, none of these and therefore is inconsistent with his testimony
circumstances were present. (People v. Vertudes,
during the trial. This in turn places his
G.R. No. 220725 October 16, 2019) conviction in doubt as it goes into the
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mandatory witness requirement under Section (4) Earnest efforts to secure the presence of a
21 of R.A. 9165. X was implying that the DOJ or media representative and an
prosecution failed to establish compliance with elected public official within the period
the three-witness rule mandated by R.A. No. required under Article 125 of the Revised
9165. Should accused X’s conviction be Penal Code prove futile through no fault of
sustained despite the inconsistencies between the arresting officers, who face the threat of
the testimonies and affidavit of the prosecution being charged with arbitrary detention; or
witnesses ? (5) Time constraints and urgency of the anti-
drug operations, which often rely on tips of
A. Yes. Aside from the overwhelming documentary confidential assets, prevented the law
evidence establishing compliance with the enforcers from obtaining the presence of
procedure, the presence of Department of Justice the required witnesses even before the
(DOJ) representative Z was already admitted by offenders could escape. (People v.
police officer Y, when he stipulated on such matter Quilatan y Dela Cruz, G.R. No. 218107,
during trial. The perceived discrepancy neither September 9, 2019.)
affects the truth of the testimony of the prosecution
witness nor discredits his positive identification of No presumption of regularity of Lapses in
appellant. Besides, apart from the duly signed Procedure for RA 9165 violations
Certificate of Inventory and Certificate of Orderly The practice of eagerly ascribing the veil of regular
Search, it had already been stipulated and admitted performance of duty in favor of the apprehending
by the parties that DOJ Representative Z was officers - even in the face of their evident lapses in
indeed a witness in the conduct of the search and following the prescribed procedure laid down by law
inventory of the confiscated drugs. For this reason, -should not be tolerated. The presumption of
such stipulation is already a judicial admission of the regularity in the performance of duties is not a tool
facts stipulated. X is clearly beyond his bearings in designed to coddle State agents unjustifiably
disputing this judicially admitted fact. What is more, violating the law or an excuse for the courts to shy
photographs were offered in evidence to prove that away from their duty to subject the prosecution's
the necessary witnesses, including DOJ evidence to the crucible of severe testing to
Representative Y, had been present during the ascertain whether it is enough to overcome the
search operation. As the records present, the presumption of innocence in favor of the accused.
prosecution has proven that there was compliance (People v. Quilatan y Dela Cruz, G.R. No. 218107,
with Section 21 of the Implementing Rules and September 9, 2019.)
Regulations of RA 9165. (Concepcion y Tabor v.
People, G.R. No. 243345, March 11, 2019.) Tip of Confidential Informant not Enough
Law enforcers cannot act solely on the basis of
Prior surveillance is not needed in a buy bust confidential or tipped information. A tip is still
operation hearsay, no matter how reliable it may be. It is not
The fact that no surveillance was conducted prior to sufficient to constitute probable cause in the
the buy-bust operation was not crucial for X’s absence of an other circumstance that will arouse
conviction for as long as the evidence on record duly suspicion. Thus, the cases adhering to the doctrine
established the presence of all elements of the that exclusive reliance on an unverified, anonymous
crime. (People v. Lopez y Canlas, G.R. No. 247974, tip cannot engender probable cause that permits a
July 13, 2020) warrantless seach of a moving vehicle that goes
beyond a visual search should be prevailing and
Grounds to Justify Failure of Arresting Team to controlling line of jurisprudence. (People of the
Secure the presence of Three Required Philippines v. Jerry Sapla y Guerrero a.k.a. Eric
Witnesses Salibad y Mallari, G.R. No. 244045, June 16, 2020.)
(1) Their attendance was impossible because
the place of arrest was a remote area; Lone Testimony of Poseur-Buyer not Enough
(2) Their safety during the inventory and In order to convict a person charged with the crime
photograph of the seized drugs was of illegal sale of dangerous drugs under Section 5,
threatened by an immediate retaliatory Article II of RA 9165, the prosecution is required to
action of the accused or any person/s prove the following elements: (1) the identity of the
acting for and in his/her behalf; buyer and the seller, the object and the
(3) The elected official themselves were consideration; and (2) the delivery of the thing sold
involved in the punishable acts sought to be and the payment therefor. Sheer reliance on the
apprehended; lone testimony of an alleged poseur-buyer in
convicting the accused does not satisfy the
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quantum of evidence required in criminal cases, 3) If there is no justification or explanation

that is, proof beyond reasonable doubt. In this expressly declared in the sworn statements
case, it is not clear whether SPO1 Z and PO2 Y or affidavits, the investigating fiscal must
actually saw the transaction or simply rushed up to not immediately file the case before the
arrest the accused after a pre-arranged signal was court. Instead, he or she must refer the
given. Even though SPO1 X was able to expound case for further preliminary investigation in
more on the supposed transaction on cross- order to determine the (non) existence of
examination, it must be emphasized that such probable cause.
testimony on the specific details of the drug 4) If the investigating fiscal filed the case
transaction was left uncorroborated by the other despite such absence, the court may
witnesses' testimonies. For this reason alone, as exercise its discretion to either refuse to
there is reasonable doubt as to the elements of issue a commitment order (or warrant of
illegal sale of dangerous drugs, accused-appellant arrest) or dismiss the case outright for lack
XY's acquittal is warranted. (People v. Ordiz, G.R. of probable cause in accordance with
No. 206767, September 11, 2019.) Section 5, 40 Rule 112, Rules of Court.
The possession of two or more kinds of Caguioa concurring:

dangerous drugs in a single occasion (1) The phrase "immediately after seizure and
constitutes only one charge of possession. confiscation" means that the physical
[A]n accused may only be convicted of a single inventory and photographing of the drugs
offense of possession of dangerous drugs if he or were intended by the law to be made
she was caught in possession of different kinds of immediately after, or at the place of
dangerous drugs in a single occasion. If convicted, apprehension. And only if this is not
the higher penalty shall be imposed, which is still practicable can the inventory and
lighter if the accused is convicted of two (2) offenses photographing then be done as soon as the
having two (2) separate penalties. This apprehending team reaches the nearest
interpretation is more in keeping with the intention of police station or the nearest office
the legislators as well as more favorable to the (2) The required witnesses should already be
accused. (David v. People, G.R. No. 181861, 2011) physically present at the time of
apprehension — a requirement that can
The conformity of the prosecutor is required for easily be complied with by the buy-bust
a valid plea bargain team considering that the buy-bust
The conformity of the prosecutor to the proposed operation is, by its nature, a planned
plea bargaining in drugs cases is not optional nor activity.
can be disregarded. The prosecutor has full control (3) Showing the transfer of hands of the drugs
of the prosecution of criminal actions, and his duty without showing compliance with the
is to prosecute the proper offense, not any lesser or inventory and photographing requirements
graver one. An acceptance of an offer to plead guilty gives rise to the possibility that the drugs
to a lesser offense is not demandable by the could have been planted, and thus the
accused as a matter of right, but is a matter that is marking and transfers prove the chain of
addressed entirely to the trial court’s sound custody of planted drugs.
discretion. (People v. Borras, G.R. No. 250295, (4) In cases involving procedural lapses of the
2021) police officers, proving the identity of the
corpus delicti despite noncompliance with
Mandatory Policies for Chain of Custody Section 21 requires the saving clause to be
successfully triggered.
(5) For this purpose, the prosecution must
1) In the sworn statements/affidavits, the
satisfy its two-pronged requirement: first,
apprehending/seizing officers must state
credibly justify the noncompliance, and
their compliance with the requirements of
second, show that the integrity and
Section 21 (1) of R.A. No. 9165, as
evidentiary value of the seized item were
amended, and its IRR.
properly preserved. (Lim v. People, G. R.
2) In case of non-observance of the provision,
No. 231989, 2018)
the apprehending/seizing officers must
state the justification or explanation
therefor as well as the steps they have
taken in order to preserve the integrity and -- end of topic –
evidentiary value of the seized/confiscated
items.
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N. CYBERCRIME PREVENTION ACT OF 2. PUNISHABLE ACTS

2012 (R.A. NO. 10175)
Cybercrime Offenses (Sec. 4)
a. Offenses against the confidentiality,
a. Access integrity and availability of computer
It refers to the instruction, communication with, data and systems
storing data in, retrieving data from, or otherwise
making use of any resources of a computer system 1. Illegal Access – the access to the whole or
or communication network. any part of a computer system without right
2. Illegal Interception – interception made by
b. Alteration technical means without right of any non-
It refers to the modification or change, in form or public transmission of computer data to,
substance, of an existing computer data or program. from, or within a computer system including
electromagnetic emissions from a
c. Communication
computer system carrying such computer
It refers to the transmission of information through
ICT media, including voice, video and other forms of data.
data. 3. Data Interference – intentional or reckless
alteration, damaging, deletion or
d. Computer data deterioration of computer data, electronic
Any representation of facts, information, or concepts document, or electronic data message,
in a form suitable for processing in a computer without right, including the introduction or
system including a program suitable to cause a transmission of viruses.
computer system to perform a function and includes 4. System Interference – intentional
electronic documents and/or electronic data alteration or reckless hindering or
messages whether stored in local computer interference with the functioning of a
systems or online.
computer or computer network by inputting,
transmitting, damaging, deleting,
e. Interception
It refers to listening to, recording, monitoring or deteriorating, altering or suppressing
surveillance of the content of communications, computer data or program, electronic
including procuring of the content of data, either document, or electronic data message,
directly, through access and use of a computer without right or authority, including the
system or indirectly, through the use of electronic introduction or transmission of viruses.
eavesdropping or tapping devices, at the same time 5. Misuse of Devices
that the communication is occurring. i. The use, production, sale,
procurement, importation, distribution,
f. Service provider or otherwise making available, without
It refers to (1) any public or private entity that right, of:
provides to users of its service the ability to
communicate by means of a computer system and
(2) any other entity that processes or stores A device, including a computer
computer data on behalf of such communication program, designed or adapted
service or users of such service. primarily for the purpose of
committing any of the offenses
g. Without right under this Act; or
It refers to either (1) conduct undertaken without or A computer password, access
in excess of authority; or (2) conduct not covered by code, or similar data by which the
established legal defenses, excuses, court orders, whole or any part of a computer
justifications, or relevant principles under the law. system is capable of being
accessed with intent that it be
used for the purpose of
committing any of the offenses
under this Act.
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ii. The possession of an item referred to

above with intent to use said devices If no damage has yet been
for the purpose of committing any of caused, the penalty imposable
the offenses under this section. shall be one (1) degree lower.
6. Cyber-squatting – acquisition of a domain
name over the internet in bad faith to profit, c. Content-related offenses
mislead, destroy reputation, and deprive
others from registering the same, if such a 1. Cybersex – Willful engagement,
domain name is: maintenance, control, or operation, directly
1. Similar, identical, or confusingly or indirectly, of any lascivious exhibition of
similar to an existing trademark sexual organs or sexual activity, with the
registered with the appropriate aid of a computer system, for favor or
government agency at the time of the consideration.
domain name registration; 2. Child Pornography — the unlawful or
2. Identical or in any way similar with the prohibited acts denied and punishable by
name of a person other than the Republic Act No. 9775 or the Anti-Child
registrant, in case of a personal name; Pornography Act of 2009, committed
and through a computer system.
3. Acquired without right or with
intellectual property interests in it. a. That the penalty to be imposed
shall be one (1) degree higher than
b. Computer-related offenses that provided for in Republic Act
No. 9775.
1. Computer-related Forgery
3. [UNCONSTITUTIONAL] Unsolicited
i. Input, alteration, or deletion of any
Commercial Communications – The
computer data without right
transmission of commercial electronic
resulting in inauthentic data with
communication with the use of computer
the intent that it be considered or
system which seek to advertise, sell, or
acted upon for legal purposes as if
offer for sale products and services are
it were authentic, regardless
prohibited unless:
whether or not the data is directly
a. There is prior affirmative consent
readable and intelligible; or
from the recipient; or
ii. Act of knowingly using computer
data which is the product of b. The primary intent of the
communication is for service
computer- related forgery as
denied herein, for the purpose of and/or administrative
perpetuating a fraudulent or announcements from the sender to
dishonest design. its existing users, subscribers or
customers; or
2. Computer-related Fraud – Unauthorized c. The following conditions are
input, alteration, or deletion of computer present:
data or program or interference in the i. The commercial
functioning of a computer system, causing electronic communication
damage thereby with fraudulent intent. If no contains a simple, valid,
damage has yet been caused, the penalty and reliable way for the
imposable shall be one (1) degree lower. recipient to reject. receipt
of further commercial
3. Computer-related Identity Theft – electronic messages (opt-
Intentional acquisition, use, misuse, out) from the same
transfer, possession, alteration or deletion source;
of identifying information belonging to ii. The commercial
another, whether natural or juridical, electronic communication
without right. does not purposely
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disguise the source of the attempts to commit any of the offenses

electronic message; and enumerated in this Act shall be held liable.
iii. The commercial
electronic communication 3. JURISDICTION
does not purposely
include misleading The Regional Trial Court shall have jurisdiction over
information in any part of any violation of the provisions of this Act. including
the message in order to any violation committed by a Filipino national
induce the recipients to regardless of the place of commission.
read the message.
Jurisdiction shall lie if any of the elements was
4. Libel — the unlawful or prohibited acts of
committed within the Philippines or committed with
libel as defined in Article 355 of the Revised
the use of any computer system wholly or partly
Penal Code, as amended, committed situated in the country, or when by such commission
through a computer system or any other any damage is caused to a natural or juridical
similar means which may be devised in the person who, at the time the offense was committed,
future. was in the Philippines. (Sec. 21).
a. It only penalizes online libel as 4. OTHER ISSUES

valid and constitutional with
respect to the original author of the The penalty of one degree higher than that provided
post; but void and unconstitutional for by the RPC and special laws shall be imposed
with respect to others who simply on all crimes under RPC and special laws if
receive the post and react to it. committed by, through and with the use of
information and communications technologies shall
d. Other offenses (Sec. 5) be covered by the relevant provisions of this Act.
(Sec. 6)
a. Aiding or Abetting in the Commission of
Cybercrime – any person who willfully abets Any evidence procured without a valid warrant or
or aids in the commission of any of the beyond the authority of the same shall be
inadmissible for any proceeding before any court
offenses enumerated in this Act shall be held
or tribunal. (Sec. 18).
liable.
The issue of whether “emailing is public” as
The Supreme Court in the case of Disini v. defined under the Cybercrime Prevention Act is
Secretary of Justice, G.R. No. 203335, 2014) a matter of defense that must be raised during
declared that this provision only penalizes trial.
aiding or abetting and attempt in the
commission of cybercrime as valid and X was charged with libel after sending libelous
constitutional only in relation to: emails to the officers of Corp A and Y. In said emails,
a. Illegal Access she aired grievances about the performance of Y as
b. Illegal Interception chairman of Corp A. She argued that publication,
c. Data Interference one of the elements of libel was not present and that
d. System Interference emailing does not constitute publication under
e. Misuse of Devices Article 355 of the RPC. Since the information did not
f. Cyber Squatting allege that the emails were accessed by other
g. Computer- related Forgery persons, there could be no publication. Lastly, X
h. Computer- related Fraud alleged that she sent the emails as private
communication of Corp A with good faith and in the
i. Computer-related Identity Theft
performance of a legal duty. Are X’s emails covered
j. Cybersex under Article 355 of the RPC?
HOWEVER, the provision is considered Whether emailing is sufficiently “public” as required
void and unconstitutional in relation to child by Articles 353 and 355 of the RPC and the Anti-
pornography and online libel. Cybercrime Law, is a matter of defense that should
b. Attempt in the Commission of be properly raised during trial. While grievances,
Cybercrime — any person who willfully channeled through proper public authorities, has a
degree of protected freedom of speech. The scope
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and extent of that protection cannot be grounded in in the commission of the carnapping (Sec.
abstractions. The facts of the case need to be 3);
proven by evidence. (Dio v. People, G.R. No. d. Concealment of carnapping (Sec. 4);
208146, 2016) e. Failure to register the vehicle engine,
engine block and chassis with the LTO –
Unregistered vehicle engine, engine block
-- end of topic --
and chassis with the LTO shall be
considered as a carnapped vehicle, an
untaxed importation or coming from illegal
O. NEW ANTI-CARNAPPING ACT OF
source and shall be confiscated in favor of
2016 (R.A. NO. 10883)
the government (Sec. 6); and,
f. Failure to register the sale, transfer,
1. ELEMENTS
conveyance of motor vehicle engine,
Elements of Carnapping: engine block or chassis of a motor vehicle
a. Taking, with intent to gain; – Otherwise, the presumption arises that it
b. A motor vehicle belonging to another; is a carnapped vehicle, an untaxed
c. Without the latter’s consent; imported vehicle, or a vehicle proceeding
d. By means of violence against or from illegal sources unless proven
intimidation of persons; or by using force otherwise and shall be confiscated in favor
upon things. (Sec. 3) of the government (Sec. 8).
Definition of Motor Vehicle Unlawful Acts

It refers to any vehicle propelled by any power The following are classified as “UNLAWFUL ACTS”
other than muscular power using the public under the law. However, the law does not provide
highways, EXCEPT for the following: for their penalties.
a. road rollers, trolley cars, street sweepers, a. Defacing or tampering with serial numbers
sprinklers, lawn mowers, bulldozers, of motor vehicles, engine blocks and
graders, forklifts, amphibian trucks, and chassis (Sec. 14);
cranes if not used on public highways; b. Transfer into another name, the chassis
b. vehicles which run only on rails or tracks; number, engine number and plate number
and, of a motor vehicle declared as "total wreck"
c. tractors, trailers and traction engines of all or beyond economic repair by concerned
kinds used exclusively for agricultural insurance company and/or law
purposes. enforcement agencies (Sec. 15);
c. Transfer of vehicle plate (Sec. 16); and,
Trailers having any number of wheels, when d. Sale of second-hand spare parts taken
propelled or intended to be propelled by attachment from carnapped vehicle (Sec. 17).
to a motor vehicle, shall be classified as a separate
3. AGGRAVATING CIRCUMSTANCE
motor vehicle with no power rating. (Sec. 2)
RESULTING TO THE DENIAL OF BAIL
2. PUNISHABLE ACTS Denial of bail when evidence of guilt is strong
Bail shall be denied when the evidence of guilt is
Punishable Acts strong against any person charged with carnapping
The following acts shall be punishable under this
or when the crime of carnapping is committed:
Act:
a. by criminal groups, gangs or syndicates;
a. When the carnapping is committed
b. by means of violence or intimidation of any
WITHOUT violence against or intimidation person or persons;
of persons, or force upon things (Sec. 3); c. by means of forced upon things;
b. When the carnapping is committed BY
d. when the owner, driver, passenger, or
MEANS OF violence against or intimidation
occupant of the carnapped vehicle is killed
of persons, or force upon things (Sec. 3);
or raped in the course of the carnapping.
c. When the owner, driver, or occupant of the
(Sec. 3)
carnapped motor vehicle is killed or raped
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4. OTHER RELEVANT RULES P. SPECIAL PROTECTION OF CHILDREN

AGAINST ABUSE, EXPLOITATION,
Carnapping and homicide/murder AND DISCRIMINATION ACT (R.A. NO.
Since the law used the phrase “is killed,” there shall 7610 AS AMENDED BY R.A. NO. 7658
be no distinction between homicide and murder.
AND R.A. NO. 9231)
It follows then that the killing, whether it be homicide
or murder, cannot be treated as a separate offense, 1. DEFINITION OF TERMS
but should only be considered to qualify the crime of
carnapping. a. Children
It refers to person below eighteen (18) years of age
Consequently, said phrase gives the unmistakable OR those over but are unable to fully take care of
import thereof that it refers only to the themselves or protect themselves from abuse,
consummated felony of either murder or homicide. neglect, cruelty, exploitation or discrimination
The frustrated and attempted homicide or murder because of a physical or mental disability or
will not qualify carnapping. (People v. Mejia, G.R. condition;.
No. 118940-41, 1997)
b. Child abuse
To prove the special complex crime of carnapping It refers to the maltreatment, whether habitual or not,
of the child which includes any of the following:
with homicide, there must be proof not only of the
essential elements of carnapping, but also that it
a. Psychological and physical abuse, neglect,
was the original criminal design of the culprit and the
cruelty, sexual abuse and emotional
killing was perpetrated in the course of carnapping
maltreatment;
or on the occasion thereof. The killing of the victim
b. Any act by deeds or words which debases,
cannot qualify the carnapping into a special complex
degrades or demeans the intrinsic worth
crime because the carnapping was an afterthought
and dignity of a child as a human being;
when the victim’s death was already fait accompli.
c. Unreasonable deprivation of his basic
(People v. Aquino, G.R. No. 201092, 2014)
needs for survival, such as food and
shelter; or
Unlawful taking
Unlawful taking is the taking of the motor vehicle d. Failure to immediately give medical
without the consent of the owner, or by means of treatment to an injured child resulting in
violence against or intimidation of persons, or by serious impairment of his growth and
using force upon things; it is deemed complete development or in his permanent incapacity
from the moment the offender gains possession or death.
of the thing, even if he has no opportunity to
dispose of the same. c. Circumstances which gravely threaten
or endanger the survival and normal
When one takes the motor vehicle of another development of children
This include, but are not limited to, the following:
without the latter’s consent even if the motor
vehicle is later returned, there is theft, there
a. Being in a community where there is armed
being intent to gain as the use of the thing unlawfully
conflict or being affected by armed conflict-
taken constitutes gain. (People v. Bustinera, G.R.
related activities;
No. 148233, 2004)
b. Working under conditions hazardous to life,
safety and normal which unduly interfere
If what is intended to be taken is only a part of the
with their normal development;
vehicle, like a spare tire, the crime is not carnapping,
c. Living in or fending for themselves in the
but theft or robbery.
streets of urban or rural areas without the
care of parents or a guardian or basic
-- end of topic – services needed for a good quality of life;
d. Being a member of a indigenous cultural
community and/or living under conditions of
extreme poverty or in an area which is
underdeveloped and/or lacks or has
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inadequate access to basic services d. threatening or using violence

needed for a good quality of life; towards a child to engage him as a
e. Being a victim of a man-made or natural prostitute; or
disaster or calamity; or e. giving monetary consideration,
f. Circumstances analogous to those goods or other pecuniary benefit to
abovestated which endanger the life, safety a child with intent to engage such
or normal development of children. (Sec. 3) child in prostitution;
3. the child is exploited or intended to be
2. PUNISHABLE ACTS exploited in prostitution; and
4. the child, whether male or female, is
a. Child prostitution and other sexual below 18 years of age. (People v.
abuse Children, whether male or Dulay, G.R. No. 193854, 2012)
female, who for money, profit, or any
other consideration or due to the Sexual abuse under Sec. 5(a) essentially
coercion or influence of any adult, punishes acts pertaining to or connected with
syndicate or group, indulge in sexual child prostitution. It contemplates sexual abuse
intercourse or lascivious conduct of a child exploited in prostitution. In other
words, under Sec. 5(a), the child is abused
(Sec. 5) primarily for profit.
Persons liable:
b. Those who commit the act of sexual
a. Those who engage in or promote,
intercourse of lascivious conduct with a
facilitate or induce child prostitution which
child exploited in prostitution or subject to
include, but are not limited to, the following:
other sexual abuse.
1. Acting as a procurer of a child
prostitute;
When victims is under twelve (12) years of
2. Inducing a person to be a client of a age, the perpetrators shall be prosecuted
child prostitute by means of written or under Article 335, paragraph 3, for rape and
oral advertisements or other similar Article 336 of Act No. 3815, as amended,
means; the Revised Penal Code, for rape or
3. Taking advantage of influence or lascivious conduct, as the case may be.
relationship to procure a child as (Sec. 5(b))
prostitute;
4. Threatening or using violence towards Elements of sexual abuse under Sec. 5(b)
1. The accused commits the act of
a child to engage him as a prostitute;
sexual intercourse or lascivious
or
conduct;
5. Giving monetary consideration goods 2. The said act is performed with a child
or other pecuniary benefit to a child exploited in prostitution or subjected to
with intent to engage such child in other sexual abuse; and
prostitution. (Sec. 5 (a)) 3. The child, whether male or female, is
below 18 years of age. (Garingarao v.
Elements of sexual abuse under Sec. 5 (a) People, G.R. No. 192769, 2011)
1. The accused engages in, promotes,
facilitates or induces child prostitution; For consensual sexual intercourse or lascivious
2. The act is done through, but not limited conduct with a minor, who is not exploited in
to, the following means: prostitution, to thus fall within the purview of
a. acting as a procurer of a child Section 5(b) of R.A. No. 7610, "persuasion,
inducement, enticement or coercion" of the
prostitute;
child must be present. (People v. Court of
b. inducing a person to be a client of a Appeals, G.R. No. 171863, 2008)
child prostitute by means of written
or oral advertisements or other Violation of Section 5(b), Article III of RA 7610
similar means; and rape are separate and distinct crimes. The
c. taking advantage of influence or two are separate and distinct crimes. Thus,
relationship to procure a child as a petitioner can be held liable for violation of
prostitute; Section 5(b), Article III of RA 7610 despite a
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finding that he did not commit rape. (Malto v. a. This provision shall not apply to
People, G.R. No. 164733, 2007) any person who is related within
the fourth degree of consanguinity
Under Section 5(b), Article III of RA 761012 in or affinity or any bond recognized
relation to RA 8353, if the victim of sexual by law, local custom and tradition
abuse14 is below 12 years of age, the offender or acts in the performance of a
should not be prosecuted for sexual abuse but social, moral or legal duty.
for statutory rape under Article 266-A(1)(d) of 3. Any person who shall induce, deliver or
the Revised Penal Code15 and penalized with offer a minor to any one prohibited by this
reclusion perpetua. Act to keep or have in his company a minor
as provided in the preceding paragraph.
On the other hand, if the victim is 12 years or 4. Any person, owner, manager or one
older, the offender should be charged with
entrusted with the operation of any public or
either sexual abuse17 under Section 5(b) of RA
7610 or rape under Article 266-A (except private place of accommodation, whether
paragraph 1[d]) of the Revised Penal Code. for occupancy, food, drink or otherwise,
However, the offender cannot be accused of including residential places, who allows any
both crimes18 for the same act because his person to take along with him to such place
right against double jeopardy will be prejudiced. or places any minor herein described.
A person cannot be subjected twice to criminal 5. Any person who shall use, coerce, force or
liability for a single criminal act. (People v. Abay, intimidate a street child or any other child
G.R. No. 177752, 2009) to;
a. Beg or use begging as a means of
c. Those who derive profit or advantage
living;
therefrom, whether as manager or owner of
b. Act as conduit or middlemen in
the establishment where the prostitution
drug trafficking or pushing; or
takes place, or of the sauna, disco, bar,
c. Conduct any illegal activities
resort, place of entertainment or
establishment serving as a cover or which
3. OTHER RELEVANT ISSUES
engages in prostitution in addition to the
activity for which the license has been While a person cannot be convicted of rape
issued to said establishment. (Sec. 5(c)) because of the presence of consent, he can still
be held punishable under RA 7610 for consent is
b. Other acts of neglect, abuse, cruelty immaterial under the said law.
or exploitation and other conditions X was charged with two counts of rape against Y,
prejudicial to the child's development who at the time was a minor, in Violation of Article
266-A in relation to Sec. 5 (b) of R.A. 7610. X raped
1. Any person who shall commit any other 13-year-old Y in his house while Y was intoxicated,
acts of child abuse, cruelty or exploitation once in Sept 2003 and again on December 2003.
The RTC and CA convicted X of rape under Article
or to be responsible for other conditions
266-A(1) of the Revised Penal Code, instead of
prejudicial to the child's development sexual abuse under Section 5(b) of Republic Act No.
including those covered by Article 59 of 7610. It ratiocinated that while the allegations in the
Presidential Decree No. 603, as amended, first and second Informations satisfied the elements
but not covered by the Revised Penal of rape under the first and third paragraphs of Article
Code, as amended 266-A, respectively, the charges can only be one (1)
2. Any person who shall keep or have in his for rape under the first paragraph of Article 266-A
company a minor, twelve (12) years or because an accused cannot be prosecuted twice for
under or who in ten (10) years or more his a single criminal act. Was X correctly convicted of
junior in any public or private place, hotel, rape punished under the first paragraph of Article
266-A of the Revised Penal Code?
motel, beer joint, discotheque, cabaret,
pension house, sauna or massage parlor, No, X was charged and convicted for violation of
beach and/or other tourist resort or similar Section 5 (b), Article III of RA 7610, not rape. The
places. offense for which he was convicted is punished by a
special law while rape is a felony under the Revised
Penal Code. They have different elements. The two
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are separate and distinct crimes. Thus, X can be consequences of sexual intercourse. (Bangayan v.
held liable for violation of Section 5 (b), Article III of People, G.R. No. 235610, September 16, 2020)
RA 7610 despite a finding that he did not commit The person who engages in sexual intercourse
rape. Unlike rape, consent is immaterial in cases with a child already coerced is liable. Children
involving violation of Section 5, Article III of RA who are likewise coerced in lascivious conduct
7610. (People v. Udang, Sr. y Sevilla, G.R. No. are “deemed to be children exploited in
210161, 2018) prostitution and other sexual abuse.”
X was found guilty beyond reasonable doubt of
Contra: Monroy vs. People, G.R. No. 235799 (July violating Section 5 (b) of Republic Act No. 7610. The
29, 2019) prosecution alleged that X committed child abuse
As regards the CA's conviction of [accused] for when he followed minor Y into the kitchen, kissed
violation of Section 5 (b), Article III of RA 7610 on her nape, told her to keep quiet, and inserted his
the premise that consent is immaterial under such finger inside her vagina while mashing her breasts.
charges, it bears to point out that "consent of the The elements of the offense aforementioned are: (1)
child is material and may even be a defense in the accused commits the acts of sexual intercourse
criminal cases" involving the aforesaid violation or lascivious conduct; (2) the said act is performed
when the offended party is 12 years old or below with a child exploited in prostitution or subjected to
18 years old, as in [the defendant]'s case. The other sexual abuse; and, (3) the child, whether male
concept of consent under Section 5 (b), Article III of or female, is below 18 years of age. X contends that
RA 7610 peculiarly relates to the second element of assuming the crime is committed, it should only be
the crime — that is, the act of sexual intercourse is acts of lasciviousness since the prosecution was not
performed with a child exploited in prostitution or able to prove the second element. Is X liable only for
subjected to other sexual abuse. A child is acts of lasciviousness since not all the elements of
considered "exploited in prostitution or subjected to child abuse under R.A. 7610 were present?
other sexual abuse" when the child is predisposed
to indulge in sexual intercourse or lascivious No. Section 5 (b) of Republic Act No. 7610 refers to
conduct because of money, profit or any other a specification only as to who is liable and the
consideration or due to the coercion of any adult, penalty to be imposed. The person who engages in
syndicate, or group, which was not present in the sexual intercourse with a child already coerced is
case.Capacity to consent under civil law not liable. Children who are likewise coerced in
equal to capacity to give sexual consentUnder lascivious conduct are “deemed to be children
civil law, the concept of "capacity to act" or "the exploited in prostitution and other sexual abuse.”
power to do acts with legal effects" 63 limits the Therefore, all the elements of the crime were
capacity to give a valid consent which generally present. (Perez v. People, G.R. No. 201414, 2018)
refers to "the meeting of the offer and the
acceptance upon the thing and the case which are The straightforward, candid, and intrepid
to constitute the contract." To apply consent as a revelation of Y and Z is more convincing and
concept in civil law to criminal cases is to digress plausible compared to the weak and
from the essence of sexual consent as uncorroborated defense of the accused.
contemplated by the Revised Penal Code and R.A. X was the house helper turned stepmother of two
7610. Capacity to act under civil law cannot be children Y and Z. While in the beginning their
equated to capacity to give sexual consent for relationship was fine, X eventually started inflicting
individuals between 12 years old and below 18 abuse on Y and Z. X would beat the kids, use pliers
years of age. Sexual consent does not involve to pinch and crimp their ears, kick them and hit them
any obligation within the context of civil law and with various household items, and would force them
instead refers to a private act or sexual activity to lie about how they acquired their injuries. It was
that may be covered by the Revised Penal Code only after some prodding from their teacher that Z
and R.A. 7610. disclosed the abuse, she and her brother Y were
suffering at the hands of X. Their teacher reported
Where the age of the child is close to the threshold this to the principal who then called in a barangay
age of 12 years old, evidence must be strictly councilor. After talks with a Department of Social
scrutinized to determine the presence of sexual Welfare and Development (DSWD) representative,
consent. The emotional maturity and predisposition a case was filed against X for committing child
of a juvenile, whose age is close to the threshold age abuse in violation of RA 7610. Being found guilty by
of 12, may significantly differ from a child aged both the trial court and the appellate court, X
between 15-18 who may be expected to be more appealed. X argues that the lower courts erred in
mature and to act with consciousness of the finding her guilty because the children’s testimonies
were inconsistent with each other, evidencing that
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they were coached. Are inconsistencies in the AA is entitled to protection under Republic Act No.
testimony of children enough to acquit a person from 7610. Further, the use of "or" in Section 10(a) of
violating RA 7610? Republic Act No. 7610 before the phrase "be
responsible for other conditions prejudicial to the
NO. Though there were some inconsistencies in the child's development" supposes that there are four
details of the abuse, this does not detract from the punishable acts therein. First, the act of child abuse;
veracity of their testimonies. As the Court of Appeals second, child cruelty; third, child exploitation; and
correctly ruled, the straightforward, candid, and fourth, being responsible for conditions prejudicial to
intrepid revelation of Y and Z is more convincing and the child's development. The fourth penalized act
plausible compared to the weak and uncorroborated cannot be interpreted as a qualifying condition for
defense of X. Courts expect minor inconsistencies the three other acts, because an analysis of the
when a child-victim narrates the details of a entire context of the questioned provision does not
harrowing experience, especially when the details warrant such construal. (Torres y Salera v. People,
are too painful to recall. Such inconsistencies only G.R. No. 206627, 2017)
prove that the child- victim was unrehearsed,
especially when the discrepancies are minor details Crimes punished by RA 7610 are mala
irrelevant to the elements of the crime, and thus, prohibitum. Intent to debase, degrade or
cannot be considered as grounds for acquittal. Y demean the minor is not essential to degrade or
and Z’s testimonies sufficiently established that X demean the minor is not essential to establish
committed physical violence against them. They guilt.
validated their testimonies with properly identified X was accused, and convicted, of child abuse under
photos depicting the injuries they had suffered, §10(a) of RA 7610, or otherwise known as the
further corroborated by their medical certificates. Special Protection of Children against Child Abuse,
Thus, there is sufficient basis to conclude that they Exploitation and Discrimination Act. X beat with the
were telling the truth. (Fernandez y Medina v. use of a belt, pinched and strangulated Y, an 8-year-
People, G.R. 217542, 2018). old child placed under her care. X claims that the
prosecution failed to prove the infliction of physical
Prejudice to the development of the child is not injuries on the child, and tried to impugn ill motives
a necessary element of the crime but constitutes on the prosecution’s Witness Z. X also claims that
another violation. the prosecution failed to prove the infliction of
B, with intent to harm and humiliate, did then and physical injuries on the child has “prejudiced the
there, abuse, slap and whip A, a 14 year old minor child’s development” as required by §10(a) of RA
with a T-shirt hitting his neck and shoulder and 7610. Further, X asserts that she should have been
causing him to fall down on the stairs of the charged with slight physical injuries under the RPC
barangay hall, to the damage and prejudice of the and not child abuse under RA 7610. Is X guilty of
said victim in the amount to be proved during trial. child abuse in violation of §10(a) of RA 7610?
Based on the physical examination conducted by
Dr. Y, AA sustained a contusion. A is the victim and Yes. At the time of the physical abuse, Y was a child
B is the uncle of A. Is the prejudice to the entitled to the protection of RA 7610. Under Article
development of the child necessary in violating 1, §3(b) of RA 7610, physical abuse, whether
Republic Act No. 7610? habitual or not, constitute child abuse. The
testimonies of Y, Z, Y’s father, and the medical
NO, prejudice to the development of the child is not findings all support the fact that physical abuse did
a necessary element of the crime but constitutes occur. The SC held that §10(a) of RA 7610 punished
another act different the 3 other acts which are 4 distinct offenses which are (1) child abuse, (2)
enumerated in the same provision: child abuse, child cruelty, (3) child exploitation, and (4) being
child cruelty and child exploration. The act of responsible for the conditions prejudicial to the
whipping a child three (3) times in the neck with a child’s development. The element that acts must be
wet t-shirt constitutes child abuse. The victim, AA, prejudicial to the child’s development pertains only
was a child when the incident occurred. to the fourth offense.
Article VI, Section 10(a) of Republic Act No. 7610 Finally, the SC distinguishes the factual
punishes not only those enumerated under Article circumstances between this case and that of
59 of Presidential Decree No. 603, but also four Bongalon v People, where the Bongalon was
distinct acts, i.e., (a) child abuse, (b) child cruelty, (c) overwhelmed by the protective instincts of a father
child exploitation and (d) being responsible for and slapped the minor complainant’s left cheek and
conditions prejudicial to the child's development. hit his back. It is not applicable in this case because
X’s maltreated Y though repeated acts of physical
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abuse. It must be stressed that crimes punished by Reconciling Acts of Lasciviousness, Rape and
RA 7610 are mala prohibitum. Intent to debase, Secual Assault, and Sexual Intercourse and
degrade or demean the minor is not essential to Lascivious Conduct
establish guilt. (Lucido v. People, G.R. No. 217764,
2017) In instances where the lascivious conduct
committed against a child victim is covered by the
Q: X was charged with the crime of Grave Oral definition under R.A. No. 7610, and the act is
Defamation in Relation to R.A. 7610, otherwise likewise covered by sexual assault under paragraph
known as the “Special Protection of Children 2, 21 Article 266-A of the RPC, the offender should
Against Abuse, Exploitation, and Discrimination be held liable for violation of Section 5 (b), Article III
Act” when X yelled and threatened 16-year-old of R.A. No. 7610. Meanwhile, if acts of
private complainants Y and Z. X posits that she lasciviousness or lascivious conduct are committed
was improperly convicted of a crime which does with a child who is 12 years old or less than 18 years
not exist because grave oral defamation under old, a child is deemed subjected to other sexual
the Revised Penal Code (RPC) and violation of abuse when he or she indulges in lascivious conduct
Section 10 (a) of R.A. 7610 are different and under the coercion or influence of any adult.
mutually exclusive offenses. Hence, convicting
her for one in relation to the other was an error. If the victim of the lascivious acts or conduct is over
X claims that she cannot be made liable for child 12 years of age and under eighteen (18) years of
abuse under Section 10 (a) of R.A. 7610 because age, the accused shall be liable for:
the same requires a specific criminal intent to 1. Other acts of lasciviousness under Art. 339
degrade, debase or demean the intrinsic worth of the RPC, where the victim is a virgin and
of a child as a human being which is lacking in consents to the lascivious acts through
the present case. Can X be charged with such a abuse of confidence or when the victim is
crime? single or a widow of good reputation and
consents to the lascivious acts through
A: No. There is no crime of grave oral defamation in deceit, or;
relation to Section 10 (a) of R. A. 7610. Section 10 2. Acts of lasciviousness under Art. 336 if the
(a) is clear in that it punishes acts of child abuse act of lasciviousness is not covered by
which are "not covered by the Revised Penal Code." lascivious conduct as defined in R.A. No.
X is correct — she cannot be convicted of grave oral 7610. In case the acts of lasciviousness
defamation under the RPC in relation to Section 10 [are] covered by lascivious conduct under
(a) of R.A. 7610. From the plain language of Section R.A. No. 7610 and it is done through
10 (a), the acts punished under it and those coercion or influence, which establishes
punished under the RPC are mutually exclusive. absence or lack of consent, then Art. 336 of
Acts which are already covered by the RPC are the RPC is no longer applicable;
excluded from the coverage of Section 10 (a). 3. Section 5(b), Article III of R.A. No. 7610,
where there was no consent on the part of
In addition, the presence or absence of specific the victim to the lascivious conduct, which
intent to debase the child in child abuse cases may was done through the employment of
be drawn from the circumstances of the case and coercion or influence. The offender may
the manner by which the accused inflicted the likewise be liable for sexual abuse under
physical or psychological injuries upon the minor. In R.A. No. 7610 if the victim is at least
this case, X cannot be held liable for child abuse eighteen (18) years and she is unable to
under Section 10 (a) in relation to Section 3 (b) (2) fully take care of herself or protect herself
because the prosecution failed to prove the from abuse, neglect, cruelty, exploitation or
presence of intent to debase, degrade or demean discrimination because of a physical or
the intrinsic worth of the private complainants as mental disability or condition.
human beings. Evidence presented shows that X’s
acts were only done in the heat of anger, made after The Court prescribed the following guidelines in
she had just learned that the private complainants designating or charging the proper offense in
had deceivingly used her daughter's name to send caselascivious conduct is committed under Section
a text message to another student, in what X 5 (b) of R.A. No. 7610, and in determining the
thought was part of a bigger and harmful scheme imposable penalty:
against the student body. (Briñas y Del Fierro v. 1. The age of the victim is taken into
People, G.R. No. 254005, June 23, 2021) consideration in designating or charging
the offense, and in determining the
imposable penalty.
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2. If the victim is under twelve (12) years of purity of something; degradation, on the other hand,
age, the nomenclature of the crime should is a lessening of a person's or thing's character or
be "Acts of Lasciviousness under Article quality; while demean means to lower in status,
336 of the Revised Penal Code in relation condition, reputation or character.
to Section 5(b) of R.A. No. 7610." Pursuant
to the second proviso in Section 5(b) of When this element of intent to debase, degrade or
R.A. No. 7610, the imposable penalty is demean is present, the accused shall be convicted
reclusion temporal in its medium period. of violating Sec. 10 (a) of R.A. No. 7610, which
3. If the victim is exactly twelve (12) years of carries a heavier penalty compared to that of slight
age, or more than twelve (12) but below physical injuries or other light threats under the
eighteen (18) years of age, or is eighteen RPC.
(18) years old or older but is unable to fully
take care of herself/himself or protect Acts done carelessly in anger do not amount to an
herself/himself from abuse, neglect, intent to debase the intrinsic worth and dignity of a
cruelty, exploitation or discrimination child. (Escolano v. People, G.R. No. 226991, 2018)
because of a physical or mental disability or
condition, the crime should be designated Intent to debase is necessary to convict the
as "Lascivious Conduct under Section 5(b) accused of a violation of Sec 10(a)
of R.A. No. 7610," and the imposable The absence of any intention to debase, degrade or
penalty is reclusion temporal in its medium demean the intrinsic worth of a child victim, the
period to reclusion perpetua. petitioner's act was merely slight physical injuries
punishable under the RPC since there is no
If the acts constituting sexual assault are committed evidence of actual incapacity of the offended party
against a victim under 12 years of age or is for labor or of the required medical attendance.
demented, the nomenclature of the offense should Underscored is that the essential element of intent
now be "Sexual Assault under paragraph 2, Article must be established with the prescribed degree of
266-A of the RPC in relation to Section 5 (b) of R.A. proof required for a successful prosecution under
No. 7610" and no longer "Acts of Lasciviousness Sec. 10 (a) of R.A. No. 7610. Violence as a result of
under Article 336 of the RPC in relation to Section 5 emotional outrage does not amount to such intent.
(b) of R.A. No. 7610," because sexual assault as a (Jabalde v. People, G.R. No. 195224, 2016)
form of acts of lasciviousness is no longer covered
by Article 336 but by Article 266-A (2) of the RPC, -- end of topic --
as amended by R.A. No. 8353. Nevertheless, the
imposable penalty is still reclusion temporal in its
medium period, and not prision mayor. Q. SWINDLING BY SYNDICATE (P.D. NO.
1689)
Whereas if the victim is 12 years old and under 18
years old, or 18 years old and above under special
circumstances, the nomenclature of the crime 1. ELEMENTS
should be "Lascivious Conduct under Section 5 (b)
of R.A. No. 7610" with the imposable penalty of Elements of swindling by syndicate
reclusion temporal in its medium period to reclusion
perpetua, but it should not make any reference to When punishable by life imprisonment to
the provisions of the RPC. It is only when the victim death–
of the sexual assault is 18 years old and above, and
not demented, that the crime should be called as a. Estafa or other forms of swindling as
"Sexual Assault under paragraph 2, Article 266-A of defined in Article 315 and 316 of the
the RPC" with the imposable penalty of prision Revised Penal Code is committed;
mayor. (People vs. Tulagan, G.R. No. 227363 b. The estafa or swindling is committed by a
March 12, 2019) syndicate of five or more persons;
c. Formed with the intention of carrying out
Section 10 (a) of R.A. No. 7610 requires an intent the unlawful or illegal act, transaction,
to debase, degrade, or demean the intrinsic enterprise or scheme; and,
worth of a child victim d. Defraudation results in the
in child abuse, the act by deeds or words must
misappropriation of moneys contributed by
debase, degrade or demean the intrinsic worth and
dignity of a child as a human being. Debasement is stockholders, or members of rural banks,
defined as the act of reducing the value, quality, or cooperatives, "samahang nayon(s)," or
farmers’ associations or of funds solicited
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by corporations / associations from the association. Thus, only those who formed [or]
general public. (Sec. 1) manage associations that receive contributions
from the general public who misappropriated the
When punishable by reclusion temporal to contributions can commit syndicated estafa. (Remo
reclusion perpetua – v. Secretary of Justice, G.R. No. 192925, 2016)
a. The estafa or swindling is NOT committed As the preamble of PD 1689 shows, the act
by a syndicate, as defined above; prohibited therein need not necessarily threaten
b. Amount of the fraud EXCEEDS P100,000; the stability of the nation. It is sufficient that it
"contravenes public interest." Public interest was
and,
affected by the solicitation of deposits under a
c. All other elements above are present. (Sec. promise of substantial profits, as it was people
1) coming from the lower income brackets who were
victimized by the illegal scheme. (People v. Balasa,
2. OTHER RELEVANT RULES G.R. No. 106357, 1998)
To be considered as a syndicate under PD 1689, the Business investments are different from
perpetrators of an estafa must not only be swindling by syndicate.
comprised of at least five individuals but must Not all proposals to invest in certain business
also have also used the association that they ventures are tainted with fraud. To be sure, an
formed or managed to defraud its own actionable fraud arises when the accused has
stockholders, members or depositors. knowledge that the venture proposed would not
reasonably yield the promised results, and yet,
Section 1 of PD 1689 speaks of a syndicate despite such knowledge, deliberately continues with
formed with the intention of carrying out the the misrepresentation. Business investments
unlawful scheme for the misappropriation of the ordinarily carry risks; but for as long as the
money contributed by the members of the
incipient representations related thereto are to generate high returns with little or no risk. In many
legitimate and made in good faith, the fact that Ponzi schemes, the perpetrators focus on attracting
the business eventually fails to succeed or new money to make promised payments to earlier-
skews from its intended targets does not mean stage investors to create the false appearance that
that there is fraud. As case law instructs, "the investors are profiting from a legitimate business. It
gravamen of the [crime of Estafa] is the employment is not an investment strategy but a gullibility
of fraud or deceit to the damage or prejudice of scheme, which works only as long as there is an
another. ever increasing number of new investors joining the
scheme. It is difficult to sustain the scheme over a
When fraud pertains to the means of committing a long period of time because the operator needs an
crime or the classes of crimes under Chapter Three, ever larger pool of later investors to continue paying
Title Four, Book Two and Chapter Three, Title the promised profits to early investors. The idea
Seven, Book Two of the RPC, criminal liability may behind this type of swindle is that the 'con-man'
arise; otherwise, if fraud merely causes loss or injury collects his money from his second or third round of
to another, without being an element of a crime, then investors and then absconds before anyone else
it may only be classified as civil fraud from which an shows up to collect. Necessarily, Ponzi schemes
action for damages may arise. only last weeks, or months at the most.(People v.
Aquino, G.R. No. 234818, November 5, 2018)
Far from being a legitimate business venture, the
Court herein observes that Felix and his co-
accused's modus operandi is constitutive of criminal P.D. 1689 also covers commercial banks.
fraud as they used the same to commit a crime. In Swindling must be committed through the
fact, their modus operandi may be characterized as association
a kind of Ponzi scheme, which schemes have Although the entity involved is not a rural bank,
gained notoriety in modern times. As generally cooperative, samahang nayon, or farmers’
defined, a Ponzi scheme is "a type of investment association, P.D. No. 1689's third "whereas clause"
fraud that involves the payment of purported returns states that it also applies to other
to existing investors from funds contributed by new "corporations/associations operating on funds
investors. Its organizers often solicit new investors solicited from the general public."
by promising to invest funds in opportunities claimed
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The swindling must be committed through the 2. They must have formed or managed a rural
association, which operate on funds solicited from bank, cooperative, "samahang nayon," farmer's
the general public. association or any other corporation or
association that solicits funds from the general
When the number of the accused are five or more, public.
the crime is syndicated estafa under paragraph 1 of 3. They formed or managed such association with
the Decree. If the number of accused is less than the intention of carrying out an unlawful or illegal
five but the defining element of the crime under the act, transaction, enterprise or scheme i.e., they
Decree is present, the second paragraph of the used the very association that they formed or
Decree. managed as the means to defraud its own
stockholders, members and depositors.
The Decree does not apply regardless of the
number of the accused, when, (a) the entity Caguioa Concuring Opinion:
soliciting funds from the general public is the victim Only those who formed and manage associations
and not the means through which the estafa is that receive contributions from the general public
committed, or (b) the offenders are not owners or who misappropriated the contributions can commit
employees who used the association to perpetrate syndicated estafa. Where the corporation or the
the crime, in which case, Article 315 (2) (a) of the bank is the very victim of the offenders, and not the
Revised Penal Code applies. (Galvez v. Court of means used to defraud the public, there can be no
Appeals, G.R. No. 187919, 2013) charge of syndicated estafa. (Home development
Mutual Fund (HDMF) Pag-ibig Fund v. Sagun, G.R.
Requisites by which a group of purported No. 205698, 2018)
swindlers may be considered as a syndicate
under PD No. 1689: -- end of topic--
1. They must be at least five (5) in number;
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IV. PRACTICAL EXERCISES A. COMPLAINT
Definition
TOPIC OUTLINE UNDER THE SYLLABUS A complaint is a sworn written statement charging a
person with an offense, subscribed by the offended
A. COMPLAINT party, any peace officer, or other public officer
1. How a complaint shall be done: charged with the enforcement of the law violated.
a. In writing (Rules of Court, Rule 110, Sec 3).
b. in the name of the People of the
Philippines
1. How a complaint shall be done:
c. against all persons who appear to be
a. in writing
responsible for the offense involved
b. in the name of the People of the
Subtopic 2
Philippines and
2. The complaint is sufficient if it states:
c. against all persons who appear to be
a. The name of the accused
b. The acts or omissions complained of
(Rules of Court, Rule 110, Sec. 2).
as constituting the offense
c. The name of the offended party
d. The proximate date of the commission 2. The complaint is sufficient if it
of the offense states
e. The place where the offense was
committed a. The name of the accused
This includes the name and surname of the

B. INFORMATION IN CRIMINAL CASES accused or any appellation or nickname by
1. The information is sufficient if it states: which he has been or is known.
a. The name of the accused If his name cannot be ascertained, he must
b. The designation of the offense given by be described under a fictitious name with a
the statute statement that his true name is unknown
c. The acts or omissions complained of (Rules of Court, Rule 110, Sec. 7).
as constituting the offense When an offense is committed by more
d. The name of the offended party than one person, all of them shall be
e. The approximate date of the included in the complaint or information.
commission of the offense
f. The place where the offense was
committed
b. The designation of the offense
C. AFFIDAVIT OF DESISTANCE given by the statute
It must also aver the acts or omissions

constituting the offense and specify its
qualifying and aggravating circumstances.
If there is no designation of the offense,
reference shall be made to the section or
subsection of the statute punishing it (Rules
of Court, Rule 110, Sec. 8).
c. The acts or omissions

complained of as constituting
the offense
These must be stated in ordinary and

concise language, not necessarily in the
language used in the statute but in terms
sufficient to enable a person of common
understanding to know what offense is
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being charged (Rules of Court, Rule 110, e. The approximate date of the
Sec. 9). commission of the offense
d. The name of the offended party State the precise date only when it is a
material ingredient of the offense.
This includes he name and surname of the Otherwise, the offense may be alleged to
person against whom or against whose have been committed on a date as near as
property the offense was committed, or any possible to the actual date of its
appellation or nickname by which such commission (Rules of Court, Rule 110, Sec.
person has been or is known. 11).
If there is no better way of identifying him,
he must be described under a fictitious f. The place where the offense was
name. committed
In offenses against property, if the name of It is sufficient if the offense was committed
the offended party is unknown, the property
or some of the essential ingredients
must be described with such particularity occurred at some place within the
If the offended party is a juridical person, it jurisdiction of the court, unless the
is sufficient to state its name, or any name particular place where it was committed
or designation by which it is known or by constitutes an essential element of the
which it may be identified, without need of offense or is necessary for its identification
averring that it is a juridical person or that it (Rules of Court, Rule 110, Sec. 10).
is organized in accordance with law.
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3. Form
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
[CITY/PROVINCE]
JUAN PABLO DELA CRUZ,

Complainant,
-versus- NPS Docket No.

________________
For:
___________________________
MARIANO ZAMORA,
Respondent.
x------------------------------------------------------------------------------------------------------------------------------------------------------
x
COMPLAINT-AFFIDAVIT
I [name/details] after having been sworn in accordance with law, hereby depose and state:
I accuse [name of offended party] of the crime of [designation of the offense], committed as follows:
That on or about the [approximate date of commission], in the [place of commission], and within the
jurisdiction of this Honorable Court, the above-named accused, [acts or omissions complained of as constituting
the offense], against [name of offended party].
I am executing this Complaint-Affidavit to attest to the truth of the foregoing and for this Honorable Office
to CHARGE Respondent with [specific charge].
IN WITNESS WHEREOF, I have hereunto set me hand this 29th of April, 2020, in the City of Makati.
JUAN PABLO DELA CRUZ
SUBSCRIBED AND SOWRN TO BEFORE ME this _th day of ____ 200_ in ____ City. I hereby certify that I have
personally examined the affiant and that I am satisfied that he/she voluntarily executed and understood the
statements in the foregoing Complaint-Affidavit.
____________________
Investigating Prosecutor
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b. the designation of the offense

B. INFORMATION IN CRIMINAL CASES given by the statute;
Definition It must also aver the acts or omissions

An information is an accusation in writing charging a constituting the offense and specify its
person with an offense, subscribed by the qualifying and aggravating circumstances.
prosecutor and filed with the court (Rules of Court, If there is no designation of the offense,
Rule 110, Sec. 4). reference shall be made to the section or
subsection of the statute punishing it (Rules
1. How an information shall be: of Court, Rule 110, Sec. 8).
a. in writing
b. in the name of the People of the c. The acts or omissions
Philippines and complained of as constituting
c. against all persons who appear to be the offense
These must be stated in ordinary and
concise language, not necessarily in the
Complaint vs. Information
language used in the statute but in terms
Complaint Information
sufficient to enable a person of common
May be signed by the Always signed by the
understanding to know what offense is
offended party, any prosecuting officer.
being charged (Rules of Court, Rule 110,
peace officer, or other
Sec. 9).
public officer in charge
with the enforcement
of the law violated. d. The name of the offended party
Sworn to by the Need not be under
person signing it. oath, since the This includes he name and surname of the
prosecutor filing it is person against whom or against whose
already acting under property the offense was committed, or any
the oath of his office. appellation or nickname by which such
May be filed either with Always filed in the person has been or is known.
the office of the court. If there is no better way of identifying him,
prosecutor or with the he must be described under a fictitious
court. name.
In offenses against property, if the name of
An information must charge but one offense, except the offended party is unknown, the property
when the law prescribes a single punishment for must be described with such particularity.
various offenses (Rules of Court, Rule 110, Sec. If the offended party is a juridical person, it
13). is sufficient to state its name, or any name
or designation by which it is known or by
2. The information is sufficient if it which it may be identified, without need of
states averring that it is a juridical person or that it
is organized in accordance with law.
a. The name of the accused e. The approximate date of the
commission of the offense
This includes the name and surname of the
accused or any appellation or nickname by
which he has been or is known. State the precise date only when it is a
material ingredient of the offense.
If his name cannot be ascertained, he must
Otherwise, the offense may be alleged to
be described under a fictitious name with a
statement that his true name is unknown have been committed on a date as near as
possible to the actual date of its
commission (Rules of Court, Rule 110, Sec.
When an offense is committed by more
11).
than one person, all of them shall be
included in the complaint or information.
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f. The place where the offense was particular place where it was committed
committed constitutes an essential element of the
It is sufficient if the offense was committed offense or is necessary for its identification
or some of the essential ingredients (Rules of Court, Rule 110, Sec. 10).
occurred at some place within the
jurisdiction of the court, unless the
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3. Form
Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
BRANCH [#], [Venue]
PEOPLE OF THE PHILIPPINES, Crim. Case No. ___XXX______

Plaintiff,
-versus- For: Qualified Theft
JK CRUZ
Accused.
x-----------------------------------------------------------------------x
INFORMATION
The Undersigned Assistant City Prosecutor accuses [name of accused] of the crime of Qualified Theft
[designation of the offense], committed as follows:
That on or about the [approximate date of commission], in the [place of commission], and within the
jurisdiction of this Honorable Court, the above-named accused, [acts or omissions complained of as constituting
the offense, which must prove all the elements of the crime; include also aggravating circumstances] against
[name of offended party].
CONTRARY TO LAW.
Makati City, Philippines, June 29, 2020.
MERYLLIN STREEP
Assistant City Prosecutor
Approved:
AMOR POWERLESS
City Prosecutor
WITNESSES:
1. Brad Pito - c/o Mission Impossible Hauling Services Cooperative, 1 Rockwell Drive, Makati City
2. And others.
CERTIFICATE OF PRELIMINARY INVESTIGATION
I hereby certify that a preliminary investigation in this case was conducted by me in accordance with law;
that I examined the Complainant and her witnesses; that there is reasonable ground to believe that the offense
charged had been committed and that the accused is probably guilty thereof; that the accused was informed of the
Complaint and of that the accused is probably guilty thereof; that the accused was informed of the Complaint and of
the evidence submitted against him and was given the opportunity to submit controverting evidence; and that the
filing of this information is with the prior authority and approval of the City Prosecutor.
MERYLLIN STREEP
Assistant City Prosecutor
SUBSCRIBED AND SOWRN TO BEFORE ME this _th day of ____ 200_ in ____ City.
BAIL RECOMMENDED: P 24,000.00

Address of the Accused: 1 GUMAMELA ST., BRGY. BAGONG BUHAY, MAKATI CITY
[Note: if Information is filed after inquest (and not preliminary investigation), add:
1. Place where accused is actually detained
2. Full name and address of evidence custodian
3. Detailed description of recovered items, if any]
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C. AFFIDAVIT OF DESISTANCE
Definition
A sworn statement executed by a complainant in a
criminal or administrative case that he or she is
discontinuing the action filed upon his or her
complaint for whatever reason he or she may cite.
(People v. Romero, 224 SCRA 749, 757, 1993).
1. Form
AFFIDAVIT OF DESISTANCE
REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA ) S.S.
I, Pedro Luna, of legal age, single, and a resident of # 168 North St., Malate, Manila, after having duly sworn to in
accordance with law hereby depose and state:
1. I am the complaining witness for Serious Physical Injuries against Maria Clara in the case entitled "People
of the Philippines versus Maria Clara", Criminal Case No. 67890, Metropolitan Trial Court, Branch No. 5, City of
Manila.
2. I have realized that because I was not wearing my eyeglasses and it was dark, I cannot point out, without a
doubt the accused or any other person/s who inflicted harm against me.
3. Since I could not state with certainty and without doubt the liability of Jesus Santos, in fairness to him, I am
permanently withdrawing my complaint against him. I clear him of whatever responsibility or liability to me.
4. I hereby inform the City Prosecutor of Manila that I am withdrawing my complaint for Serious Physical Injuries
in Criminal Case No. 67890 entitled "People of the Philippines versus Maria Clara", Metropolitan Trial Court, Branch
No. 5, City of Manila.
5. I likewise request the Metropolitan Trial Court, Branch No. 5, City of Manila to dismiss with prejudice the said
criminal case.
6. I voluntarily executed this Affidavit of Desistance and I was not threatened or intimidated by anyone.
IN WITNESS WHEREOF, I hereby set my hand this __ day of April 2022 at the City of Manila.
PEDRO LUNA
Complaining Witness
SUBSCRIBED AND SOWRN to before me this __th day of April 2022 at the City of Manila, Philippines.
Geronimo Stilton
Public Prosecutor
-- end of topic --
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2022 Blue Notes Criminal Law

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I. PRINCIPLES OF CRIMINAL LAW .......................................................................................................... 10

A. GENERAL PRINCIPLES ............................................................................................................................... 11

C. JUVENILE JUSTICE AND WELFARE ACT OF 2006 ....................................................................... 87

II. CRIMES UNDER THE REVISED PENAL CODE ..................................................................................... 101

A. CRIMES AGAINST NATIONAL SECURITY AND THE LAWS OF NATION................................................ 101

III. SPECIAL PENAL LAWS ..................................................................................................................... 227

A. ANTI-CHILD PORNOGRAPHY ACT OF 2009 (R.A. NO. 9775) ............................................................... 228

IV. PRACTICAL EXERCISES .................................................................................................................... 284

A. COMPLAINT ............................................................................................................................................. 284

I. PRINCIPLES OF CRIMINAL LAW d. Republic Act No. 10592

A. GENERAL PRINCIPLES GOOD FAITH

Mala In Se vs. Mala Prohibita

2. APPLICABILITY AND EFFECTIVITY the same is obtained or prosecuted,

RP-US Visiting Forces Agreement (Art. V, 1987 Constitution

b. Those who should forge or Counterfeit Example of crimes included:

mutiny. Pirates are in law hostes humani of the offense shall be

persons charged with old law does not 3. INTERPRETATION OF PENAL

In order that a subsequent statute may have a

No felony is committed: OFFENSES NOT INCLUDED IN THE

INTENTIONAL FELONIES Requisites of Mistake of Fact:

Requisites (F-I-I) Mistake of fact is an absolutory cause for had the

The act or omission should not be punished by a

ABERRATIO ICTUS Error in personae carries the same gravity as when

A person is criminally responsible for committing an

Example: Buying or preparing poison or

ATTEMPTED FELONY Desistance

can be severed in any link.

e. Continuing Crimes The singularity of the offense committed by

and his companion had a common motive to run

PLURALITY OF CRIMES 2. COMPLEX CRIME PROPER: When an

3. Kidnapping with rape;

homicide/murder and arson. (People v.

Crimes involved cannot be legally complexed:

MATERIAL PLURALITY VS. CONTINUED CRIME

ORDINARY COMPLEX CRIME VS. SPECIAL COMPLEX/ COMPOSITE CRIME

EXAMPLES OF COMPLEX CRIMES AND SPECIAL COMPLEX CRIMES

4. Rape with serious illegal detention or Kidnapping

2. CIRCUMSTANCES AFFECTING Burden of proof

JUSTIFYING CIRCUMSTANCES In case of a threat, it must be offensive and strong,

Without appreciable interval of time Belief of the accused may be considered in

ELEMENTS: 3. DEFENSE OF STRANGER (PAR. 3)

Who are deemed strangers justifying circumstance of performance of duty.

5. FULFILLMENT OF DUTY OR 6. OBEDIENCE TO AN ORDER ISSUED

Accident v. Negligence 3. The fear of an injury is greater than or at

5. UNCONTROLLABLE FEAR (PAR. 6) When prevented by some lawful cause

considered an insuperable cause. The accused was 1. INCOMPLETE JUSTIFYING OR

AGGRAVATING CIRCUMSTANCES 5. Special: Those which arise under special

(except by means of motor a. In the material execution of the act; or

2. THE CRIME BE COMMITTED IN b. In the dwelling of the offended

REQUISITES: When all four aggravating circumstances are

AGE Applies even if offender did not enter the

SEX Offended party must not give provocation

regardless of whether State or official or religious Public Authorities Engaged in Discharge of

Offender must take advantage of the calamity or commission of an

8. THE CRIME BE COMMITTED WITH 9. THE ACCUSED IS A RECIDIVIST

ADVANTAGE BE TAKEN OF SUPERIOR Superior strength is absorbed and inherent in

REQUISITES: Attack from behind is not always treachery

CRUELTY 1. USE OF UNLICENSED FIREARMS

dangerous drugs and/or controlled 6. Stepfather or stepmother and stepson or

Examples: 3. DEGREE OF INSTRUCTION AND

Absolutory Causes 10. Instigation

REQUISITES: intention. Only the one using force or

A thoughtless expression without intention to (iii) PRINCIPALS BY