2023 UP BOC Criminal Law Reviewer

FOR UP CANDIDATES ONLY

Table of Contents e. Indemnification or Confiscation of

Instruments or Proceeds of the Offense .... 90
I. Book I [Articles 1-99 of the Revised Penal f. Payment of Costs ........................................ 91
Code] (RPC) ............................................................1
D. EXECUTION AND SERVICE OF
A. GENERAL PRINCIPLES ........................ 1 SENTENCE .................................................92
1. Mala In Se and Mala Prohibita ....................... 1 1. Three-Fold Rule .............................................. 93
2. Scope and Characteristics ................................ 3 2. Probation Law (P.D. 968, as amended) ....... 94
a. Generality....................................................... 3 a. Applicability ................................................. 94
b. Territoriality .................................................. 4 b. Grant, Manner, and Conditions [Sec. 4,
c. Prospectivity .................................................. 7 R.A. 10707] ...................................................... 95
3. Pro Reo Principle .............................................. 7 c. Grant of Probation ..................................... 96
4. Ex Post Facto Law ........................................... 7 d. Violation of Probation Order................... 96
5. Interpretation of Penal Laws .......................... 8 e. Termination of Probation ......................... 97
6. Retroactive Effect of Penal Laws................... 8 f. Probation v. Pardon.................................... 97
B. FELONIES ................................................ 9 4. Juvenile Justice and Welfare Act (R.A. 9344,
1. Criminal Liabilities and Felonies .................... 9 as amended) .......................................................... 98
a. Classifications of Felonies ........................... 9 a. Scope............................................................. 98
b. Aberratio Ictus, Error In Personae, and b. Intervention Program ................................ 99
Praeter Intentionem ......................................... 9 c. Diversion....................................................100
c. Elements of Criminal Liability ................. 10 d. Court Proceedings ....................................101
d. Impossible Crime ....................................... 12 4. An Act Adjusting the Amount or the Value of
e. Stages of Execution.................................... 13 Property and Damage on Which a Penalty is
f. Continuing Crimes...................................... 16 Based and the Fines Imposed Under the Revised
g. Complex Crimes and Composite Crimes17 Penal Code (R.A. 10951) ..................................103
2. Circumstances Affecting Criminal Liability 18 a. Suspension in Case of Insanity or Minority
a. Justifying Circumstances ........................... 18 .........................................................................103
b. Exempting Circumstance.......................... 23 5. Community Service Act (R.A. 11362 and A.M.
c. Mitigating Circumstances .......................... 28 No. 20-06-14-SC) ..............................................104
d. Aggravating Circumstances ...................... 34 E. EXTINCTION OF CRIMINAL
e. Alternative Circumstances ........................ 54 LIABILITY ................................................. 106
f. Absolutory Causes ...................................... 57 1. An Act Amending Articles 29, 94, 97-99 of the
3. Persons Liable and Degree of Participation59 RPC (R.A. 10592) ..............................................106
a. Principals, Accomplices, and Accessories a. Allowance for Good Conduct which
........................................................................... 59 Culprit May Earn While He is Undergoing
c. Multiple Offenses (Differences, Rules, Preventive Imprisonment for Serving
Effects) ............................................................. 69 Sentence [Art. 97, RPC] ...............................106
d. Decree Penalizing Obstruction of 1. Special Time Allowance [Art. 98]......107
Apprehension and Prosecution of Criminal
Offenders (PD 1829) ..................................... 72 F. CIVIL LIABILITIES IN CRIMINAL
CASES ......................................................... 108
C. PENALTIES............................................ 73 1. General Rule [Art. 100] ................................108
1. Imposable Penalties ........................................ 73 2. What Civil Liability Includes .......................109
2. Classification.................................................... 73 a. Restitution ..................................................109
3. Duration and Effects ..................................... 74 b. Reparation .................................................109
4. Application....................................................... 79 c. Indemnification .........................................110
a. Subsidiary Imprisonment .......................... 81 3. Persons Civilly Liable ...................................111
b. Indeterminate Sentence Law (Act No. 4. Extinction of Civil Liability .........................111
4103, as amended) .......................................... 81 5. Special Cases ..................................................112
5. Graduation of Penalties ................................. 84 a. Insanity, imbecility, and those over 9 and
6. Accessory Penalties ........................................ 89 below 15 .........................................................112
a. Perpetual or Temporary Absolute b. State of Necessity .....................................112
Disqualification ............................................... 89 c. Irresistible Force and Uncontrollable Fear
c. Suspension from Public Office, the Right .........................................................................112
to Vote and be Voted for, the Right to d. Innkeepers and Similar Persons .............112
Practice a Profession or Calling ................... 90 6. Subsidiary Liability of Other Persons ........113
d. Civil Interdiction ........................................ 90
II. Book II (Articles 114-365 of the RPC) and 1. Chapter 1: Rebellion, Coup d’etat, Sedition,
Related Special Laws.........................................115 and Disloyalty ....................................................132
a. Article 134 - Rebellion or Insurrection .132
A. CRIMES AGAINST NATIONAL b. Article 134-A - Coup d’état ....................134
SECURITY AND THE LAW OF NATIONS c. Article 135 - Penalty for Rebellion,
[ARTS. 114-123] ........................................... 115 Insurrection or Coup d’état............................134
1. Chapter 1: Crimes against National Security d. Article 136 - Conspiracy and Proposal to
............................................................................. 115 Commit Coup d’état, Rebellion or
a. Article 114 - Treason ............................... 115 Insurrection ...................................................134
b. Article 115 - Conspiracy and Proposal to e. Article 137 - Disloyalty of Public Officers
Commit Treason........................................... 117 or Employees.................................................135
c. Article 116 - Misprision of Treason ...... 117 f. Article 138 - Inciting to Rebellion or
d. Article 117 - Espionage ........................... 118 Insurrection ...................................................135
e. Article 118 – Inciting to War or Giving g. Article 139 – Sedition...............................135
Motives for Reprisals ................................... 119 h. Article 140 - Penalty for sedition ...........137
f. Article 119 - Violation of Neutrality ...... 119 i. Article 141 - Conspiracy to Commit
g. Article 120 – Correspondence with Hostile Sedition ...........................................................137
Country .......................................................... 119 j. Article 142 - Inciting to Sedition .............137
h. Article 121 – Flight to Enemy’s Country 2. Chapter 2: Crimes against Popular
......................................................................... 119 Representation ...................................................138
i. Article 122 – Piracy in General and Mutiny a. Article 143 - Acts Tending to Prevent the
on the High Seas or in Philippine Waters. 119 Meeting of the Assembly and Similar Bodies
j. Article 123 – Qualified Piracy ................. 121 .........................................................................138
2. Chapter 2: Special Penal Laws .................... 121 b. Article 144 - Disturbance of Proceedings
a. Anti-Piracy and Anti-Highway Robbery .........................................................................138
(P.D. 532)....................................................... 121 c. Article 145 - Violation of Parliamentary
b. Anti-Terrorism Act of 2020 (R.A. 11479) Immunity........................................................139
......................................................................... 122 3. Chapter 3: Illegal Assemblies and Associations
B. CRIMES AGAINST THE ..............................................................................140
FUNDAMENTAL LAW OF THE STATE a. Article 146 - Illegal Assemblies ..............140
[ARTS. 124 - 133] ......................................... 125 b. Article 147 - Illegal Associations............140
1. Chapter 1: Arbitrary Detention or Expulsion, 4. Chapter 4: Assault upon, and Resistance and
Violation of Dwelling, Prohibition, Interruption, Disobedience to Persons in Authority and Their
and Dissolution of Peaceful Meetings and Agents .................................................................141
Crimes Against Religious Worship................. 125 a. Article 148 - Direct Assaults ...................141
a. Article 124 - Arbitrary Detention .......... 125 b. Article 149 - Indirect Assaults ................142
b. Article 125 - Delay in the Delivery of c. Article 150 - Disobedience to summons
Detained Persons to the Proper Judicial issued by the National Assembly, its
Authorities ..................................................... 125 Committees or Subcommittees, or divisions
c. Article 126 - Delaying Release ................ 126 .........................................................................142
d. Article 127 – Expulsion .......................... 127 d. Article 151 - Resistance and Disobedience
e. Article 128 – Violation of Domicile ...... 127 to a Person in Authority or the Agents of
f. Article 129 - Search Warrants Maliciously Such Person ...................................................142
Obtained and Abuse in the Service of those e. Article 152 - Persons in authority and
Legally Obtained ........................................... 128 agents of persons in authority.....................143
g. Article 130 - Searching Domicile Without 5. Chapter 5: Public Disorders ........................143
Witnesses ....................................................... 128 a. Article 153 - Tumults and Other
h. Article 131 - Prohibition, Interruption and Disturbances of Public Order Acts
Dissolution of Peaceful Meetings .............. 129 Punishable [SIODB].....................................143
i. Article 132 - Interruption of Religious b. Article 154 - Unlawful Use of Means of
Worship.......................................................... 129 Publication and Unlawful Utterances ........144
j. Article 133 - Offending the Religious c. Article 155 - Alarms and Scandals .........144
Feelings .......................................................... 130 d. Article 156 - Delivering Prisoners from Jail
2. Chapter 2: Special Penal Laws .................... 130 .........................................................................145
a. Anti-Torture Act of 2009 (RA 9745) .... 130 6. Chapter 6: Evasion of Service of Sentence
..............................................................................145
C. CRIMES AGAINST PUBLIC ORDER a. Article 157 - Evasion of Service of Sentence
[ARTS. 134 - 160] ......................................... 132 .........................................................................146
b. Article 158 - Evasion of Service of Sentence p. Article 176 – Manufacturing and
on the Occasion of Disorders, Possession of Instruments or Implements for
Conflagrations, Earthquakes, or Other Falsification ....................................................157
Calamities ....................................................... 146 2. Chapter II: Other Falsities ...........................158
c. Article 159 - Other Cases of Evasion of a. Article 177 – Usurpation of Authority or
Service of Sentence ...................................... 147 Official Functions .........................................158
7. Chapter 7: Commission of Another Crime b. Article 178 – Using Fictitious and
During Service of Penalty Imposed for Another Concealing True Name ................................158
Previous Offense............................................... 147 c. Article 179 – Illegal Use of Uniforms and
a. Article 160 - Commission of another crime Insignia ...........................................................159
during service of penalty imposed for another d. Article 180 – False Testimony Against a
previous offense ........................................... 147 Defendant ......................................................159
8. Chapter 8: Special Penal Law ...................... 148 e. Article 181 – False Testimony Favorable to
a. Comprehensive Firearms and Ammunition the Defendant................................................159
Regulation Act (R.A. 10591) ....................... 148 f. Article 182 – False Testimony in Civil Cases
.........................................................................160
D. CRIMES AGAINST PUBLIC INTEREST
g. Article 183 – False Testimony in Other
[ARTS. 161 - 187] ......................................... 149
Cases and Perjury in Solemn Affirmation.160
1. Chapter I: Forgeries...................................... 149
h. Article 184 – Offering False Testimony in
a. Article 161 – Counterfeiting the Great Seal
Evidence.........................................................161
of the Government of the Philippine Islands,
3. Chapter III: Frauds ......................................161
Forging the Signature or Stamp of the Chief
a. Article 185 – Machinations in Public
Executive ....................................................... 149
Auctions .........................................................161
b. Article 162 – Using Forged Signature or
b. [REPEALED] Article 186 – Monopolies
Counterfeit Seal or Stamp ........................... 149
and Combinations in Restraint of Trade...161
c. Article 163 – Making and Importing and
c. Article 187 – Importation and Disposition
Uttering False Coins..................................... 149
of Falsely Marked Articles or Merchandise
d. Article 164 – Mutilation of Coins .......... 150
Made of Gold, Silver, or other Precious
e. Article 165 – Selling of False or Mutilated
Metals or their Alloys ...................................161
Coin, without Connivance .......................... 150
d. [REPEALED] Article 188 – Substituting
f. Article 166 – Forging Treasury or Bank
and Altering Trade-marks and Trade-names
Notes or Other Documents Payable to
.........................................................................162
Bearer; Importing and Uttering Such False or
e. [REPEALED] Article 189 – Unfair
Forged Notes and Documents ................... 151
Competition and Fraudulent Registration of
g. Article 167 – Counterfeiting, Importing,
Trade-mark or Trade-name. ........................162
and Uttering Instruments Not Payable to
Bearer ............................................................. 152 E. CRIMES RELATIVE TO OPIUM AND
h. Article 168 – Illegal Possession and Use of OTHER PROHIBITED DRUGS .............. 162
False Treasury or Bank Notes and Other 1. Comprehensive Dangerous Drugs Act of
Instruments of Credit .................................. 152 2002 [RA 9165, as amended by R.A. 10640;
i. Article 169 – How Forgery is Committed Section 21 of the Implementing Rules and
......................................................................... 152 Regulations (IRR) only] ....................................162
j. Article 170 – Falsification of Legislative
F. CRIMES AGAINST PUBLIC MORALS
Documents .................................................... 152
[ARTS. 200-202] .......................................... 169
k. Article 171 – Falsification by Public
1. Chapter I: Gambling and Betting ...............169
Officer, Employee or Notary or Ecclesiastical
a. P.D. 1602 (Anti-Gambling Law) as
Minister .......................................................... 153
amended by R.A. 9287 (Anti-Illegal Numbers
l. Article 172 – Falsification by Private
Games Law) ...................................................169
Individual and Use of Falsified Documents
b. Article 199 – Illegal Cockfighting [amended
......................................................................... 155
by P.D. 449] ...................................................170
m. Article 173 – Falsification of Wireless,
c. R.A. 9287: Increasing the Penalty for Illegal
Cable, Telegraph and Telephone Messages,
Numbers Games ...........................................171
and Use of Said Falsified Messages ........... 156
d. Article 196 – Importation, Sale and
n. Article 174 – False Medical Certificates,
Possession of Lottery Tickets and
False Certificates of Merits of Service, Etc.
Advertisements..............................................172
......................................................................... 157
e. Article 197 – Betting in Sports Contests
o. Article 175 – Using False Certificates ... 157
(Repealed by P.D. 4834) ..............................172
f. P.D. 4834 - Penalizing Betting, Game d. Article 220 – Illegal Use of Public Funds or
Fixing or Point-Shaving and Machinations in Property ..........................................................188
Sport Contests............................................... 172 d. Article 221 - Failure to Make Delivery of
g. Article 198 – Illegal Betting On Horse Public Funds or Property ............................189
Races [Repealed by Act No. 309, as amended e. Article 222 - Officers Included in the
by R.A. 983] ................................................... 173 Preceding Provisions ....................................189
h. Article 199 – Illegal Cockfighting [amended 5. Chapter 5: Infidelity of Public Officers .....190
by P.D. 449]................................................... 173 a. Article 223 – Conniving With or
2. Chapter II: Offenses Against Decency and Consenting to Evasion.................................190
Good Customs .................................................. 174 b. Article 224 – Evasion through Negligence
a. Article 200 – Grave Scandal ................... 174 .........................................................................190
b. Article 201 – Immoral Doctrines, Obscene c. Article 225 – Escape of Prisoner under the
Publications and Exhibitions and Indecent Custody of a Person Not a Public Officer191
Shows (as amended by PD 960 and 969) . 174 d. Article 226 – Removal, Concealment, or
c. Article 202 – Vagrants and Prostitutes Destruction of Documents .........................191
[REPEALED] ............................................... 175 e. Article 227 – Officer Breaking Seal .......192
f. Article 228 – Opening of Closed
G. CRIMES COMMITTED BY PUBLIC
Documents ....................................................192
OFFICERS [ARTS. 203-245] ...................... 176
g. Article 229 – Revelation of Secrets by an
1. Chapter 1: Preliminary Provisions ............. 176
Officer ............................................................192
a. Article 203 – Who Are Public Officers. 176
h. Article 230 – Public Officers Revealing
2. Chapter 2: Malfeasance and Misfeasance in
Secrets of Private Individuals......................193
Office .................................................................. 176
6. Chapter 6: Other Offenses or Irregularities by
a. Article 204 – Knowingly Rendering Unjust
Public Officers ...................................................193
Judgment; and ............................................... 177
a. Article 231 – Open Disobedience ..........193
b. Article 205 – Judgment Rendered Through
b. Article 232 – Disobedience to the Order of
Negligence ..................................................... 177
Superior Officer When Said Order Was
c. Article 206 – Unjust Interlocutory Order
Suspended by Inferior Officer ....................193
......................................................................... 178
c. Article 233 – Refusal of Assistance........194
d. Article 207 – Malicious Delay in the
d. Article 234 – Refusal to Discharge Elective
Administration of Justice ............................ 178
Office ..............................................................194
e. Article 208 – Prosecution of Offenses;
e. Article 235 – Maltreatment of Prisoners
Negligence and Tolerance ........................... 178
.........................................................................194
f. Article 209 – Betrayal of Trust by an
f. Article 236 – Anticipation of Duties of a
Attorney or a Solicitor – Revelation of Secrets
Public Officer ................................................195
......................................................................... 179
g. Article 237 – Prolonging Performance of
g. Article 210 – Direct Bribery ................... 179
Duties and Powers........................................196
h. Article 211 – Indirect Bribery ................ 181
h. Article 238 – Abandonment of Office or
i. Article 211-A – Qualified Bribery........... 182
Position...........................................................196
j. Article 212 – Corruption of Public Officials
i. Article 239 – Usurpation of Legislative
......................................................................... 182
Powers ............................................................196
3. Chapter 3: Frauds and Illegal Exactions and
j. Article 240 – Usurpation of Executive
Transactions ....................................................... 184
Functions .......................................................197
a. Article 213 – Fraud Against the Public
k. Article 241 – Usurpation of Judicial
Treasury and Similar Offenses ................... 184
Functions .......................................................197
b. Article 214 – Other Frauds .................... 185
l. Article 242 – Disobeying Request for
c. Art. 215 – Prohibited Transactions ....... 185
Disqualification .............................................197
d. Article 216 – Possession of Prohibited
m. Article 243 – Orders or Request by
Interest by a Public Officer......................... 186
Executive Officer to Any Judicial Authority
4. Chapter 4: Malversation of Public Funds or
.........................................................................197
Property .............................................................. 186
n. Article 244 – Unlawful Appointments ..197
a. Article 217 – Malversation of Public Funds
o. Article 245 – Abuses Against Chastity ..197
or Property - Presumption of Malversation
7. Chapter 7: Special Penal Laws ....................198
......................................................................... 186
a. Anti-Graft and Corrupt Practices Act (R.A.
b. Article 218 – Failure of Accountable
3019, as amended) ........................................198
Officer to Render Accounts ....................... 188
b. Anti-Plunder Act (R.A. 7080, as amended
c. Article 219 – Failure of a Responsible
by R.A. 7659) .................................................202
Public Officer to Render Accounts Before
Leaving the Country..................................... 188
c. Prohibition of Child Marriage Law (RA f. An Act Providing for Stronger Proteciton
11596) ............................................................. 203 Against Rape and Sexual Exploitation and
Abuse, Increasing the Age for Determining
H. CRIMES AGAINST PERSONS [ARTS.
the Commission of Statutory Rape (R.A.
246 - 266-D]..................................................204
11648) .............................................................231
1. Chapter 1: Destruction of Life ................... 204
a. Article 246 – Parricide ............................. 204 I. CRIMES AGAINST PERSONAL
b. Article 247 – Death or Physical Injuries LIBERTY AND SECURITY [ARTS. 267 -
Under Exceptional Circumstances ............ 204 292] 232
c. Article 248 - Murder ................................ 205 1. Chapter 1: Crimes Against Liberty .............232
d. Article 249 – Homicide ........................... 206 a. Article 267 - Kidnapping and Serious Illegal
e. Article 250 - Penalty for Frustrated Detention .......................................................232
Parricide, Murder or Homicide .................. 206 b. Article 268 - Slight Illegal Detention .....233
f. Article 251 - Death Caused in Tumultuous c. Article 269 - Unlawful Arrest..................233
Affray.............................................................. 207 d. Article 270 - Kidnapping and Failure to
g. Article 252 - Physical Injuries Caused in Return a Minor ..............................................234
Tumultuous Affray ....................................... 207 e. Article 271 - Inducing a Minor to Abandon
h. Article 253 - Giving Assistance to Suicide His Home.......................................................235
......................................................................... 207 f. Article 272 - Slavery ..................................235
i. Article 254 - Discharge of Firearms ....... 208 g. Article 273 - Exploitation of Child Labor
j. Article 255 – Infanticide........................... 209 .........................................................................235
k. Article 256 - Intentional Abortion......... 209 h. Article 274 - Services Rendered Under
l. Article 257 - Unintentional Abortion..... 210 Compulsion in Payment of Debt ...............235
m. Article 258 - Abortion Practiced by the 2. Chapter 2: Crimes Against Security............236
Woman Herself or by Parents .................... 210 a. Article 275 - Abandonment of Persons in
n. Article 259 - Abortion by a Physician or Danger and Abandonment of Own Victim
Midwife and Dispensing of Abortives ...... 211 .........................................................................236
o. Article 260 - Responsibility of Participants b. Article 276 - Abandoning a Minor ........236
in a Duel ......................................................... 211 c. Article 277 - Abandonment of Minor by
p. Article 261 - Challenging to a Duel ....... 212 Person Entrusted With Custody; Indifference
2. Chapter 2: Physical Injuries ......................... 212 of Parents .......................................................237
a. Article 262 – Mutilation........................... 212 d. Article 278 - Exploitation of Minors .....237
b. Article 263 - Serious Physical Injuries .. 212 e. Article 279 – Additional Penalties for Other
c. Article 264 - Administering Injurious Offenses .........................................................238
Substances or Beverages.............................. 214 f. Article 280 - Qualified Trespass to Dwelling
d. Article 265 - Less Serious Physical Injuries .........................................................................238
......................................................................... 214 g. Article 281 - Other Forms of Trespass .240
e. Article 266 - Slight Physical Injuries and h. Article 282 - Grave Threats ....................240
Maltreatment ................................................. 214 i. Article 283 - Light Threats .......................241
3. Chapter 3: Rape............................................. 215 j. Article 284 - Bond for Good Behavior ..242
a. Article 266-A – Rape (as amended by R.A. k. Article 285 – Other Light Threats .........242
8353 and R.A. 11648) .................................. 215 l. Article 286 - Grave Coercions .................242
b. Article 266 - B - Qualified Rape ............ 220 m. Article 287 - Light Coercions ................243
c. Article 266 - C - Effect of Pardon ......... 220 n. Article 288 - Other Similar Coercions ..244
d. Article 266-D - Presumptions ................ 220 n. Article 289 - Formation, Maintenance, and
4. Chapter 4: Special Penal Laws .................... 221 Prohibition of Combination of Capital or
a. Anti-Trafficking in Persons Act of 2003 Labor through Violence or Threats (repealed
(R.A. 9208, as amended by R.A. 11862) ... 221 by Labor Code) .............................................244
b. Anti-Violence Against Women and Their 3. Chapter 3: Discovery and Revelation of
Children Act of 2004 (R.A. 9262) .............. 225 Secrets .................................................................244
Anti-Child Pornography Act of 2009 (R.A. a. Article 290 - Discovering Secrets through
9775) ............................................................... 228 Seizure of Correspondence .........................244
d. Special Protection of Children Against b. Article 291 - Revealing Secrets with Abuse
Child Abuse, Exploitation, and of Office .........................................................245
Discrimination Act (R.A. 7610, as amended) c. Article 292 - Revelation of Industrial
......................................................................... 229 Secrets .............................................................245
e. Prohibition of Child Marriage Law (R.A. 4. Chapter 4: Special Penal Law ......................246
11596) ............................................................. 230 a. Cybercrime Prevention Act of 2012 (R.A.
10175) .............................................................246
J. CRIMES AGAINST PROPERTY ...........246 d. Article 318 - Other Deceits.....................269
1. Chapter I: Robbery in General ................... 246 e. P.D. 1689 – Syndicated Estafa ...............269
a. Article 293 – Who Are Guilty of Robbery 7. Chapter VII: Chattel Mortgage ...................269
......................................................................... 246 a. Article 319 - Removal, Sale, or Pledge of
b. Article 294 – Robbery with Violence or Mortgaged Property .....................................269
Intimidation of Persons ............................... 248 8. Chapter VIII: Arson and Other Crimes
c. Art. 295 – Robbery with Physical Injuries Involving Destruction ......................................269
Committed in an Uninhabited Place and by a a. Articles 320-326B (Repealed by P.D. 1613,
Band or With the Use of a Firearm on a Street, as amended by R.A. 7659) ...........................269
Road or Alley ................................................ 251 9. Chapter IX – Malicious Mischief ...............272
d. Art. 296 - Definition of a Band and Penalty a. Art. 327 - Who are Liable for Malicious
Incurred by the Members thereof .............. 251 Mischief ..........................................................272
e. Article 297 – Attempted and Frustrated b. Art. 328 - Special Cases of Malicious
Robbery Committed under Circumstances Mischief ..........................................................272
......................................................................... 252 c. Art. 329 - Other Mischiefs ......................273
f. Article 298 – Execution of Deeds by Means d. Art. 330 - Damage and Obstruction to
of Violence or Intimidation ........................ 253 Means of Communication ...........................273
g. Article 299 – Robbery in an Inhabited e. Art. 331 - Destroying or Damaging Statues,
House/Public Building or Edifice Devoted to Public Monuments or Paintings .................273
Worship.......................................................... 253 10. Chapter X – Exemption from Criminal
h. Article 300 - Robbery in an Uninhabited Liability Against Property ................................273
Place and by a Band ..................................... 254 a. Art. 332 - Persons Exempt from Criminal
i. Article 301 - What is an Inhabited House, Liability ...........................................................273
Public Building or Building Dedicated to 11. Chapter XI – Special Penal Laws .............274
Religious Worship and Their Dependencies a. Anti-Fencing Law (P.D. 1612)................274
......................................................................... 254
K. CRIMES AGAINST CHASTITY [ARTS.
j. Article 302 - Robbery in an Uninhabited
333 - 346]...................................................... 274
Place or in a Private Building...................... 255
1. Chapter 1: Adultery and Concubinage.......274
k. Article 303 - Robbery of Cereals, Fruits, or
a. Article 333 - Adultery ...............................274
Firewood in an Uninhabited Place or Private
b. Article 334 - Concubinage ......................276
Building .......................................................... 255
2. Chapter 2: Rape and Acts of Lasciviousness
l. Article 304 - Possession of Picklocks or
..............................................................................276
Similar Tools ................................................. 255
a. Article 335 - When and How Rape is
m. Article 305 - False Keys ......................... 256
Committed (repealed by R.A. 8353) ..........276
2. Chapter II: Brigandage ................................. 256
b. Article 336 - Acts of Lasciviousness .....277
a. P.D. 532: Anti-Piracy and Anti-Highway
3. Chapter 3 – Seduction, Corruption of Minors
Robbery Law of 1974 .................................. 256
and White Slave Trade ......................................278
b. Article 306 – Brigandage ......................... 256
a. Article 337 - Qualified Seduction ...........278
c. Article 307 - Aiding and Abetting a Band of
b. Article 338 - Simple Seduction ...............279
Brigands ......................................................... 257
c. Article 339 - Acts of Lasciviousness with
3. Chapter III: Theft ......................................... 257
the Consent of the Offended Party ...........280
a. Article 308 - Who are Liable for Theft . 257
d. Article 340 - Corruption of Minors (as
b. Article 309 - Penalties.............................. 259
amended by B.P. Blg. 92) ............................281
c. Article 310 - Qualified Theft .................. 259
e. Article 341 - White Slave Trade..............281
d. Article 311 - Theft of Property of the
4. Chapter 4: Abduction ...................................282
National Library and National Museum ... 260
a. Article 342 - Forcible Abduction ...........282
4. Chapter IV: Usurpation ............................... 260
b. Article 343 - Consented Abduction.......283
a. Article 312 – Occupation of Real Property
5. Chapter 5: Provisions Relating to the
or Usurpation of Real Rights in Property . 260
Preceding Chapters of Title XI .......................283
b. Article 313 - Altering Boundaries or
a. Article 344 - Prosecution of Private
Landmarks ..................................................... 261
Offenses .........................................................283
5. Chapter V: Culpable Insolvency................. 261
b. Article 345 - Civil Liability of Persons
a. Article 314 - Fraudulent Insolvency ...... 261
Guilty of Crimes Against Chastity .............284
6. Chapter VI: Swindling and Other Deceits 261
c. Article 346 – Liability of Ascendants,
a. Article 315 - Swindling or Estafa ........... 261
Guardians, Teachers and Other Persons
b. Article 316 - Other Forms of Swindling
Entrusted with the Custody of the Offended
......................................................................... 267
Party ................................................................285
c. Article 317 - Swindling a Minor ............. 269
6. Chapter 6: Special Penal Laws ....................285
a. Anti-Photo and Video Voyeurism Act of a. Article 353 - Libel .....................................293
2009 (Secs. 3 and 4, R.A. 9995) .................. 285 b. Article 354 - Requirement for Publicity 295
b. Special Protection of Children Against c. Article 355 - Libel By Means of Writings or
Child Abuse, Exploitation, and Similar Means ................................................298
Discrimination Act (Secs. 3(a), 5 and 10, R.A. d. Article 356 - Threatening to Publish and
7610) ............................................................... 287 Offer to Prevent such Publication for a
Compensation ...............................................298
L. CRIMES AGAINST THE CIVIL STATUS
e. Article 357 - Prohibited Publication of Acts
OF PERSONS [ARTS. 347 - 352] ...............290
Referred to in the Course of Official
1. Chapter 1: Simulation of Births and
Proceedings ....................................................298
Usurpation of Civil Status................................ 290
f. Article 358 - Slander .................................299
a. Article 347 - Simulation of Births,
g. Article 359 - Slander by Deed.................299
Substitution of One Child for Another, and
h. Art. 360 - Persons Responsible for Libel
Concealment or Abandonment of a
.........................................................................300
Legitimate Child............................................ 290
i. Art. 361 - Proof of Truth .........................301
b. Article 348 - Usurpation of Civil Status291
j. Art. 362 - Libelous Remarks ....................301
2. Chapter 2: Illegal Marriages......................... 291
2. Chapter 2: Incriminatory Machinations ...302
a. Article 349 – Bigamy ................................ 291
a. Art. 363 - Incriminating Innocent Persons
b. Article 350 - Marriage Contracted against
.........................................................................302
Provisions of Laws ....................................... 293
b. Art. 364 - Intriguing Against Honor .....302
c. Article 351 - Premature Marriage (Repealed
c. Cybercrime Prevention Act of 2012 (R.A.
by R.A. 10655) .............................................. 293
10175) - Libel [Sec. 4 (c)(4)] ........................302
d. Article 352 - Performance of Illegal
Marriage Ceremony ...................................... 293 N. Criminal Negligence or Quasi-Offenses
(Article 365) ................................................. 304
M. CRIMES AGAINST HONOR [ARTS. 353
a. Article 365 - Criminal Negligence ..........304
- 364] 293
1. Chapter 1: Libel............................................. 293
CRIMINAL LAW I
CRIMINAL LAW
CRIMINAL LAW I FOR UP CANDIDATES ONLY CRIMINAL LAW
Mala in Se Mala
I. Book I [Articles 1-99 of (“Evil in
Itself”)
Prohibita
(“Prohibited
the Revised Penal Code] Evil”)
Art. 220
(RPC) (technical
malversation)
of RPC is
A. GENERAL PRINCIPLES malum
prohibitum
[Ysidoro v.
1. Mala In Se and Mala Prohibita People, 685
SCRA 637
Mala in Se Mala (2012)] .
(“Evil in Prohibita Valid defense General
Itself”) (“Prohibited Rule: Not a
Evil”) valid defense
A crime or an An act that is [People v.
act that is considered a Neri, G.R. No.
inherently crime L-37762
immoral, such because it is (1985)].
as murder, prohibited by Exceptions:
arson, or rape statute, 1. Civilian
Definition [Black’s Law although the guards acting
Dictionary, 9th act itself is not in good faith
ed.]. necessarily in carrying
immoral firearms with
[Black’s Law no intention of
Dictionary, 9th committing an
ed.]. offense were
General Rule: Special Laws able to claim
RPC lack of intent
As to Use
as a defense
Exception: A of Good
[See People
crime is mala in Faith as a
v. Estoista,
se, even if Defense
G.R. No. L-
punishable 5793 (1953)].
under a special
law, when the 2. Accused
acts are has a pending
As to inherently application for
Laws immoral (e.g., permanent
Violated plunder) permit to
[Estrada v. possess a
Sandiganbayan firearm
, G.R. No. [People v.
148560 (2001); Mallari, G.R.
Garcia v. Court No. L-58886
of Appeals, 484 (1988)].
SCRA 617
(2006)] 3. The act
complained
Exception: of, dagdag
Page 1 of 305
UP Law Bar Operations Commission 2023
Mala in Se Mala Mala in Se Mala
(“Evil in Prohibita (“Evil in Prohibita
Itself”) (“Prohibited Itself”) (“Prohibited
Evil”) Evil”)
bawas, is 93028
cheating and (1994)].
inherently Mala in Se Mala
immoral (“Evil in Prohibita
[Garcia v. Itself”) (“Prohibited
Court of Evil”)
Appeals, 484 Degree of Degree of
SCRA 617 As to participation of participation
(2006)]. Degree of each offender of each
Participati is taken into offender is not
Criminal intent Criminal intent on account. taken into
As to is necessary. is not account and
Criminal [See People v. necessary. *Presuppo all who
Intent as Pacana, G.R. [U.S v. Go ses more participated in
an No. 22642- Chico, G.R. than one the act are
Element 22644 (1924)] No. 4963 (1) punished to
(1909)] offender the same
Taken into Not taken into extent.
account in account; the Principal, Only the
As to
determining the act is accomplice & principal is
Degree of
penalty to be punishable accessory. liable.
Accompli
imposed. only when Penalty is
shment
consummated computed Penalty of
As to
. based whether offenders is
Persons
Taken into Not taken into he is a principal the same
Criminally
account in account in offender or whether they
Liable
determining the determining merely an acted as mere
imposable the imposable accomplice or accomplices
penalty. penalty, accessory. or
unless accessories.
provided for
by special There are three No stages of
law. As to stages: execution.
As to
Stages of attempted,
Effect of
Exception: Execution frustrated &
Mitigating
When the consummated.
and
special law Penalties may There is no
Aggravati
uses the be divided into such division
ng
nomenclature degrees and of penalties.
Circumsta
of the periods.
nces
penalties in Exception:
As to
the RPC or When the
Division
when it uses special law
of
the duration of uses the
Penalties
the penalties nomenclature
defined in the of the
RPC [People penalties in
v. Simon, the RPC or
G.R. No. when it uses
Page 2 of 305
Mala in Se Mala under Philippine
(“Evil in Prohibita laws.
Itself”) (“Prohibited Crime is The Philippines has
Evil”) punishable under primary but
the duration of both US and concurrent
the penalties Philippine laws. jurisdiction with the
defined in the US.
RPC [People
v. Simon, Rules on Concurrent Jurisdiction [Art. V (3),
G.R. No. VFA]
93028 General Rule: Philippine authorities shall have
(1994)]. the primary right to exercise jurisdiction over
offenses committed by United States
personnel.
2. Scope and Characteristics
Exceptions:
a. Generality 1. If the offense was committed solely
against the property or security of the
General Rule: United States.
Penal laws are obligatory on all persons who 2. If the offense was solely against the
live or sojourn in Philippine territory, regardless property or person of United States
of nationality, gender, or other personal personnel.
circumstances, subject to the principles of 3. If the offense arose out of any act or
public international law and to treaty omission done in performance of official
stipulations [Art. 14, NCC]. duty.
Exceptions: Note: The authorities of the Philippines and the

a. Treaty Stipulations United States shall notify each other of the
b. Laws of Preferential Application disposition of all cases in which both the
c. Principles of Public International Law authorities of the Philippines and the United
d. Warship Rule States have the right to exercise jurisdiction.
Treaty Stipulations [Art. 2, RPC and 14, Offenses Relating to Security for purposes
NCC] of the VFA [Art. V (2)(c), VFA]
1. Treason
The Visiting Forces Agreement (VFA), which 2. Sabotage
was signed on Feb. 10, 1998, and came into 3. Espionage
force on June 1, 1999, is an agreement 4. Violation of any law relating to national
between the Philippine and US Government defense
regarding the treatment of US Armed Forces
visiting the Philippines [See Bayan v. Zamora, Waiver of Jurisdiction
G.R. No. 138570 (2000)]. The authorities of either government may
request the authorities of the other government
Rules on Jurisdiction under the VFA to waive their primary right to exercise
Crime Jurisdiction jurisdiction in a particular case.
Crime is The Philippines has
punishable under exclusive General Rule: Philippine authorities will, upon
Philippine laws, but jurisdiction. request by the United States, waive their
not under US laws. primary right to exercise jurisdiction.
Crime is The US has
punishable under exclusive Exceptions: In cases of particular importance
US laws, but not jurisdiction. to the Philippines, for example, crimes
punishable under:
Page 3 of 305
1. R.A. 7659 (Heinous crimes) provide similar protection to our diplomatic
2. R.A. 7610 (Child Abuse cases) representatives [Sec. 7, R.A. 75].
3. R.A. 9165 (Dangerous Drugs cases)
Principles of Public International Law
Laws of Preferential Application [Art. 2,
RPC] Who are Exempt [SCAMMP]
1. Sovereigns and other heads of state
R.A. 75 penalizes acts which would impair the 2. Charges d’ affaires
proper observance by the Republic and 3. Ambassadors
inhabitants of the Philippines of the immunities, 4. Ministers
rights, and privileges of duly accredited foreign 5. Minister resident
diplomatic representatives in the Philippines. 6. Plenipotentiary [Art. 14, Vienna
Rules on Jurisdiction [Secs. 4 to 5, R.A. 75] Convention on Diplomatic Relations]
General Rule: The following persons are Who are Not Exempt [CVC]
exempt from arrest and imprisonment, and 1. Consuls
their properties exempt from distraint, seizure 2. Vice-consuls
and attachment [AMS]: 3. Other Commercial representatives of
1. Ambassadors foreign nations who do not possess
2. Public Ministers such status and cannot claim the
3. Domestic Servants of ambassadors or privileges and immunities accorded to
ministers ambassadors and ministers [Sec. 249,
Wheaton, International Law].
Exceptions: If the writ or process sued out or
prosecuted is [PhDs]: Condition for Immunity to Apply
1. Against a person who is a citizen or Diplomatic immunity only applies when the
inhabitant of the Philippines, diplomatic officer is engaged in the
provided: performance of his official functions [Minucher
a. The person is in the service of v. Court of Appeals, G.R. No. 142396 (2003)].
an ambassador or a public
minister; and Warship Rule
b. Process is founded upon a
debt contracted before he A warship of another country, even though
entered upon such service. docked in the Philippines, is considered an
extension of the territory of its respective
2. Against the Domestic Servant of an country [Art. 27, United Nations Convention on
ambassador or a public minister, the Laws of the Sea].
provided:
a. The name of the servant has b. Territoriality
been registered in the
Department of Foreign Affairs General Rule:
(DFA), and transmitted by the Penal laws of the country have force and effect
Secretary of Foreign Affairs to only within its territory. It cannot penalize
the Chief of Police of the City of crimes committed outside its territory.
Manila; but
b. The registration was only Scope of Territory
made after the writ or process The territory of the country is not limited to the
has been issued or land where its sovereignty resides but also
commenced. includes its maritime and interior waters as well
as its atmosphere [Art. 2, RPC].
Note: R.A. No. 75 is not applicable when the
foreign country adversely affected does not Theory on Aerial Jurisdiction – Absolute
Theory
Page 4 of 305
The subjacent state has complete jurisdiction a merchant vessel if they disturb the order of
over the atmosphere above it subject only to the country [US v. Bull, G.R. No. 5270 (1910)].
the innocent passage by aircraft of a foreign
country. Foreign Warships are reputed to be the
territory of the country to which they belong and
If the crime is committed in an aircraft, no are not subject to the laws of another state [US
matter how high, as long as it is within the v. Fowler, G.R. No. 496 (1902)].
Philippine atmosphere, Philippine criminal law ● Nationality of Vessel – determined by
will govern. The Philippines has complete and the country of registry and not its
exclusive sovereignty over the airspace above ownership.
its territory [Art. 1, Convention on International ● Example: A Filipino-owned vessel
Civil Aviation]. registered in China must fly the
Chinese flag.
Exceptions [SCIONS] [Art. 2, RPC]:
a. Crimes committed while on a Philippine Forging/Counterfeiting of Coins or
Ship or airship Currency Notes in the Philippines [Art.
b. Forging/Counterfeiting of Coins or 2 (2), RPC]
Currency Notes in the Philippines
c. Introduction of obligations and Forgery
securities [those mentioned in b] into Committed by giving a treasury or bank note or
the country any instrument payable to bearer or to order
d. Offenses committed by public officers the appearance of a true genuine document or
or employees in the exercise of their by erasing, substituting, counterfeiting or
functions altering, by any means, the figures, letters,
e. Crimes against National Security and words, or signs contained therein [Art. 169,
the law of nations, defined in Title One RPC].
of Book Two of this Code
Introduction of Forged or Counterfeited
Crimes committed aboard a Philippine Obligations and Securities in the
ship or airship [Art. 2 (1), RPC] Country [Art. 2 (3), RPC]
Requisites: Those who introduced the counterfeit items are
1. Crime is committed while the ship is criminally liable even if they were not the ones
treading in: who counterfeited the obligations and
a. Philippine waters securities. On the other hand, those who
(intraterritorial), or counterfeited the items are criminally liable
b. The high seas (extraterritorial). even if they did not introduce the counterfeit
2. The ship or airship must not be within items.
the territorial jurisdiction of another
country.
When Public Officers or Employees
3. The ship or airship must be registered
Commit an Offense in the Exercise of
in the Philippines under Philippine laws
[US v. Fowler, G.R. No. 496 (1902)]. their Functions [Art. 2 (4), RPC]
Difference between jurisdiction of Merchant Crimes committed in the exercise of their

Vessels and Foreign Warships Merchant functions
Vessels (applying English Rule) 1. Direct bribery [Art. 210]
Acts committed on a merchant vessel within 2. Qualified Bribery [Art. 211-A]
the territorial limits of the Philippines are 3. Indirect bribery [Art. 211]
subject to Philippine penal laws if they breach 4. Corruption [Art. 212]
public order [People v. Wong Cheng, G.R. No. 5. Frauds against the public treasury [Art.
L-18924 (1922)] and local courts are not 213]
deprived of jurisdiction over offenses on board 6. Possession of prohibited interest [Art.
216]
Page 5 of 305
7. Malversation of public funds or 1. Filipino Citizens or Nationals
property [Art. 217] Who commit any of the acts defined
8. Failure to render accounts [Art. 218] and penalized under Sec. 4–12 of this
9. Illegal use of public funds or property Act Outside the territorial jurisdiction of
[Art. 220] the Philippines;
10. Failure to make delivery of public funds
or property [Art. 221] 2. Individual Persons, although
11. Falsification by a public officer or physically outside the territorial
employee by abuse of his official limits of the Philippines – who
position [Art. 171] commit any of the said crimes:
12. Crimes committed in relation to the • Inside the Territorial limits of
performance of a public officer or the Philippines;
employee of his/her duties in a foreign • On board Philippine Ship or
country. Philippine airship;
• Within any Embassy,
Embassy consulate, or diplomatic
Embassy grounds are considered as premises belonging to or
extensions of the sovereignty of the country occupied by the Philippine
occupying them [Minucher v. Court of Appeals, government in an official
G.R. No. 142396 (2003)]. capacity;
• Against Philippine Citizens or
Crimes against National Security and persons of Philippine descent,
the Law of Nations [Art. 2 (5), RPC] where their citizenship or
ethnicity was a factor in the
Crimes against national security commission of the crime; and
1. Treason [Art. 114] • Directly against the Philippine
2. Conspiracy and proposal to commit Government.
treason [Art. 115]
3. Misprision of treason [Art. 116] Specific Rule for Aliens:
4. Espionage [Art. 117] If the individual who committed said crimes
5. Terrorism [R.A. 11479] outside the territorial limits of the Philippines is
neither a citizen nor a national, the Philippines
Crimes against the law of nations shall exercise jurisdiction only when such
1. Inciting to war or giving motives for individual enters or is inside the territory of the
reprisals [Art.118] Philippines.
2. Violation of neutrality [Art. 119]
3. Correspondence with hostile country In the absence of any request for extradition or
[Art. 120] denial thereof, from the State where the crime
4. Flight to enemy’s country [Art.121] was committed or where such alien was a
5. Piracy in general and mutiny on the citizen or national, the Anti-Terrorism Council
high seas or in Philippine waters [Art. (ATC) shall refer the case to the:
122] 1. Bureau of Immigration (BI) for
6. Terrorism [R.A. 11479] deportation; or
2. Department of Justice (DOJ) for
Note: Crimes against public order (e.g., prosecution ...in the same manner as if
rebellion, coup d’état, sedition) committed the act constituting the offense had
abroad is under the jurisdiction of the host been committed in the Philippines
country. [Sec. 49, RA No. 11479].
ANTI-TERRORISM ACT OF 2020

Repealed the Human Security Act of 2007.
Sec. 49 of the Anti-Terror Law now provides
that extraterritoriality shall apply to [OTSECG]:
Page 6 of 305
c. Prospectivity [Lacson v. Executive Secretary, G.R. No.
128096 (1999)].
No felony shall be punishable by any penalty
not prescribed by law prior to its commission What are Considered Ex Post Facto laws
[Art. 21, RPC]. [Lacson v. Executive Secretary, supra]
● Makes criminal an action done before the
Without prejudice to Art. 22, felonies and passage of the law which was innocent
misdemeanors, committed prior to the when done, and punishes such action.
effectivity of the RPC, shall be punished in ● Aggravates a crime or makes it greater
accordance with the Code or Acts in force at than when it was committed.
the time of their commission [Art. 366, RPC]. ● Changes the punishment and inflicts a
greater punishment than the law annexed
3. Pro Reo Principle to the crime when it was committed.
● Alters the legal rules of evidence and
receives less or different testimony than
Applicability of Principle
the law required at the time of the
Penal statutes should be strictly construed
commission of the offense in order to
against the State only when the law is
convict the defendant [Mekin v. Wolfe, G.R.
ambiguous and there is doubt regarding its
No. 1251 (1903)].
interpretation. Where the law is clear and
● Assumes to regulate civil rights and
unambiguous, there is no room for the rule to
remedies only but in effect imposes a
apply. [People v. Gatchalian, G.R. No. L-
penalty or deprivation of a right which when
12011-14 (1958)]
done was lawful.
● Deprives a person accused of a crime of
Cf. Rule of Lenity
some lawful protection of a former
Between two potential interpretations of a
conviction or acquittal, or a proclamation of
penal law, one prejudicial and another
amnesty [In re Kay Villegas Kami, G.R. No.
favorable, the one more lenient to the accused
L-32485 (1970)].
must be adopted. [Ient v. Tullett, G.R. No.
189158 (2017)]
Characteristics of an ex post facto law
(CReP)
Basis: All doubts shall be construed in favor of
1. Refer to Criminal matters;
the accused and on the presumption of his
2. Be Retroactive in its application;
innocence [Art. III, Sec. 14(2), 1987
3. To the Prejudice of the accused. [Cruz, p.
Constitution; See Intestate Estate of Manolita
591]
Gonzales vda. de Carungcong, G.R. No.
181409 (2010)]
The prohibition applies only to criminal or penal
matters and not to laws which concern civil
4. Ex Post Facto Law matters or proceedings generally, or which
affect or regulate civil or private rights
Definition [Republic v. Vda. de Fernandez, G.R. No. L-
An ex post facto law is one that would make a 9141 (1956)].
previous act criminal although it was not so at
the time it was committed [CRUZ at 589]. [An] Ex post facto law, generally, prohibits
retrospectivity of penal laws…Penal laws are
Concept those acts of the Legislature which prohibit
In general, ex post facto laws prohibit certain acts and establish penalties for their
retrospectivity of penal laws. Moreover, the violations; or those that define crimes, treat of
mode of procedure provided for in the right to their nature, and provide for their punishment
appeal, which is statutory and not natural, is not [Lacson v. Executive Secretary, supra].
included in the prohibition against ex post facto
laws. It does not mete out a penalty and,
therefore, does not come within the prohibition
Page 7 of 305
Examples pronounced and the convict is serving the
1. In Bayot v. Sandiganbayan [G.R. Nos. same [Art. 22, RPC].
61776 to 61861 (1984)], an
amendment to R.A. 3019, which Exceptions to the Exception:
provides for suspension pendente lite 1. The new law is expressly made
of any public officer or employee inapplicable to pending actions or
accused of offenses involving existing cause of actions; and
fraudulent use of public funds or 2. The offender is a habitual criminal.
property, including those charged
earlier, is not an ex post facto law. The Rationale:
suspension was not punitive, but only The punishability of an act must be reasonably
preventive in nature. known for the guidance of society [People v.
2. In People v. Estrada [G.R. Nos. Jabinal, G.R. No. L-30061 (1974)].
164368-69 (2009)], R.A. 9160, which
was made to apply to the accused for Effects of Repeal:
acts allegedly committed prior to its Partial/
Absolute/
enactment, was considered ex post Relative
Total Repeal
facto. Prior to its enactment, numbered Repeal
accounts or anonymous accounts were Nature of Crime Crime
permitted banking transactions, Repeal punished by punished
whether they be allowed by law or by a repealed law is under the
mere banking regulation. decriminalized/ repealed
no longer law
5. Interpretation of Penal Laws punishable, so continues to
it is be a crime.
Equipoise Doctrine obliterated.
When the evidence of the prosecution and the
defense are equally balanced, the scale should Example:
be tilted in favor of the accused, according to When the
the constitutional presumption of innocence repealing law
[Tin v. People, G.R. No. 126480 (2001)]. fails to
penalize the
Spanish Text of the RPC Prevails over its offense under
English Translation the old law.
In the construction or interpretation of the Effect as Pending cases If repeal is
provision of the RPC, the Spanish text is to Pending are dismissed favorable to
controlling, because it was approved by the Cases and unserved the
Philippine Legislature in its Spanish text penalties are accused,
[People v. Manaba, G.R. No. 38725 (1933)]. remitted. repealing
law must be
applied
6. Retroactive Effect of Penal except
Laws when
reservation
General Rule: in the law
No felony shall be punishable by any penalty states it
not prescribed by law prior to its commission does not
[Art. 21, RPC]. apply to
pending
Exception: cases.
Insofar as they favor the person guilty of a Effect Offenders are The more
felony although at the time of the publication of when entitled to lenient law
such laws, a final sentence has been Sentence release. must be
Page 8 of 305
is Already applied The wrongful act results from imprudence,
Being except negligence, lack of foresight, or lack of skill.
Served when: (1)
reservation 2. According to Their Gravity [Art. 9,
exists in RPC]
law; or (2)
when the a. Grave Felonies
offender is Those to which the law attaches the capital
a habitual punishment or penalties which in any of their
criminal. periods are afflictive.
Effects of Amendment:
Amendment Effect Capital Punishment [Art. 25, RPC]
Makes penalty New law applies a. Death
lighter (see Exception
above) Afflictive Penalties [Art. 25, RPC]
Makes penalty Law in force at the a. Reclusion perpetua
heavier time of commission b. Reclusion temporal
of the offense c. Perpetual or Temporary Absolute
applies Disqualification
Increases fine but Not ex post facto, so d. Perpetual or Temporary Special
decreases penalty of law and penalty are Disqualification
imprisonment retroactively applied e. Prision mayor
[CRUZ] f. Fine more than ₱1,200,000.00
B. FELONIES b. Less Grave Felonies

Those which the law punishes with penalties
DEFINITION OF TERMS which in their maximum period are correctional.
1. Crime. An act committed or omitted in
violation of a public law forbidding or Correctional Penalties [Art. 25]
commanding it [Ching v. Secretary of a. Prision correccional
Justice, G.R. No. 164317 (2006)]. b. Arresto mayor
2. Felony. Crime punishable under the c. Suspension
Revised Penal Code (RPC). d. Destierro
3. Offense. Crime punishable under e. Fine not exceeding ₱1,200,000 but is
special laws. not less than ₱40,000
4. Misdemeanor. Minor infraction of the
law, such as a violation of an c. Light Felonies
ordinance. It includes those punishable by:
a. Arresto menor; or
b. Fine not exceeding ₱40,000; or
1. Criminal Liabilities and c. Both of the above
Felonies
When Punishable [Art. 7, RPC]
General Rule: Only when consummated.
a. Classifications of Felonies
Exception: If committed against persons or
property.
1. According to the Means by Which
They are Committed [Art. 3, RPC] Who are Punished [Art. 16, RPC]
Principals and accomplices only.
Intentional Felonies (dolo or malice)
The act is performed with deliberate intent. b. Aberratio Ictus, Error In Personae,
and Praeter Intentionem
Culpable Felonies (culpa or fault)
Page 9 of 305
Article 4. Criminal Liability – Criminal liability shall Mitigating Circumstance [Art. 13,
be incurred: par. 3, RPC]: No intention to commit so
1. By any person committing a felony (delito) grave a wrong
although the wrongful act done be different from that
which he intended. xxx c. Elements of Criminal Liability
Rule [Art. 4, par. 1, RPC]: Physical Element (actus reus)

A wrongful act different from that intended is
punishable. No felony is committed:
1. When the act or omission is not punishable
Rationale: by the Revised Penal Code, or
“El que es causa de la causa es causa del mal 2. When the act is covered by any of the
causado.” (He who is the cause of the cause is justifying circumstances enumerated in Art. 11.
the cause of the evil caused). The presumption
is that a person intends the ordinary 1. Act
consequences of his voluntary act [People v. Any bodily movement tending to produce some
Toling, G.R. No. L-27097 (1975)]. effect in the external world.
One who commits an intentional felony is The act must be one which is defined by the
responsible for all the consequences which RPC as constituting a felony.
may naturally and logically result therefrom,
whether foreseen or intended or not [People v. 2. Omission
Herrera, G.R. Nos. 140557-58 (2001)]. Inaction, the failure to perform a positive duty
which one is bound to do.
Requisites: There must be a law requiring the doing or
1. An intentional felony has been performance of an act.
committed.
2. The wrong done to the aggrieved Mental Element (mens rea)
party is the direct, natural, and
logical consequence of the felony 1. Dolo
committed by the offender.
Performed with malice or intent to do an injury
to another.
Causes:
1. Error in Personae – There is a
Elements:
mistake in the identity of the victim. 1. Freedom – Voluntariness on the part of
the person who commits the act or
Penalty to Be Imposed Upon the omission.
Principals When the Crime
2. Intelligence – Capacity to know and
Committed is Different from that understand the consequences of one’s
Intended. [Art. 49, RPC]: Lower
act.
penalty in its maximum period 3. Dolo – Intent to commit the act with
malice is a purely mental process, and
2. Aberratio Ictus – There is a mistake in is presumed from the proof of the
the blow.
commission of an unlawful act.
Penalty for Complex Crimes [Art. 48,
General Intent v. Specific Intent
RPC]: Penalty for most serious crime
in its maximum period General Criminal Specific Criminal
Intent Intent
3. Praeter Intentionem – The injurious
As to Intention
result is greater than that intended.
The intention to do The intention to
something wrong. commit a definite act.
Page 10 of 305
General Criminal Specific Criminal Can be an element Not an essential

Intent Intent of a felony (if element of a crime,
committed by means except for certain
As to Presumption of dolo). instances [People v.
Veloso, G.R. No. L-
Presumed from the Existence is not
33132 (1979)].
mere doing of a presumed.
wrong act.
Mistake of Fact v. Mistake of Law
As to Burden of Proof
Mistake of Fact Mistake of Law
The burden is upon Since the specific
the wrongdoer to intent is an element As to Definition
prove that he acted of the crime, the Misapprehension of Want of knowledge or
without such criminal burden is upon the fact on the part of acquaintance with the
intent. prosecution to the person causing laws of the land
establish its injury to another. insofar as they apply
existence. There is no criminal to the act, relation,
intent. [U.S. v. Ah duty, or matter under
Examples of Crimes requiring Specific Chong, G.R. No. L- consideration [Black's
Criminal Intent 5272 (1910); Law Dictionary 435
1. Robbery – intent to gain [Art. 293] REYES, at 44] (9th ed. 2009), at 589]
2. Theft – intent to gain [Art. 308]
3. Homicide – intent to kill [Art. 249] As to the Defense of Good Faith
4. Forcible Abduction – intent of lewd Good faith is a Good faith is not
designs [Art. 342] defense. defense.
Must be Alleged in Information An honest mistake Ignorance of the law
Where the specific intent of the malefactor is of fact destroys the excuses no one from
determinative of the crime charged, such presumption of compliance therewith
specific intent must be alleged in the criminal (ignorantia legis non
information and proved by the prosecution intent which arises excusat).
[People v. Delim, G.R. No. 142773 (2003)]. upon the
commission of a
How proven felonious act. [US v.
Specific intent may be proved by direct Ah Chong, G.R. No.
evidence or by circumstantial evidence L-5272 (1910);
(inferred from the circumstances of the actions REYES, Book 1]
of the accused as established by evidence)
[People v. Delim, supra].
Requisites of Mistake of Fact as a Defense
Intent v. Motive [Khitri v. People, G.R. No. [LIM]:
210192 (2016)] 1. The act done would have been Lawful
had the facts been as the accused
Intent Motive
believed them to be.
As to Nature 2. The Intention of the accused in
performing the act should be lawful.
State of mind Moving power which 3. That the Mistake must be without fault
accompanying the impels one to action or carelessness on the part of the
act to achieve a definite accused.
result [See REYES,
Book 1] 2. Culpa
Performed without malice.
As an Element
Page 11 of 305
Elements: a. The prosecution must first identify what
1. Freedom the accused failed to do.
2. Intelligence b. Once this is done, the burden of
3. Negligence or Imprudence evidence shifts to the accused.
c. The accused must show that the failure
did not set in motion the chain of events
Imprudence Negligence
leading to the injury [Carillo v. People,
Deficiency of action Deficiency of G.R. No. 86890 (1994)].
perception
5. Causation
A person fails to A person fails to pay
take the necessary proper attention and DEFINITION OF TERMS
precaution to avoid to use due diligence a. Proximate Cause. Proximate cause
injury to person or in foreseeing the has been defined as that which, in
damage to property injury or damage natural and continuous sequence,
impending to be unbroken by any efficient intervening
caused cause, produces injury, and without
which the result would not have
occurred [Abrogar v. Cosmos Bottling
Rationale Company and INTERGAMES, Inc.,
A man must use common sense, and exercise G.R. No. 164749 (2017); Vda. de
due reflection in all his acts; it is his duty to be Bataclan v. Medina, 102 SCRA 181
cautious, careful, and prudent, if not from (1957)].
instinct, then through fear of incurring
punishment. He is responsible for such results b. Efficient Intervening Cause. An
as anyone might foresee and for his acts which intervening cause, to be considered
no one would have performed except through efficient, must be "one not produced by
culpable abandon. Otherwise, his own person, a wrongful act or omission, but
rights and property, and those of his fellow independent of it, and adequate to
beings, would ever be exposed to all manner of bring the injurious result” [Abrogar v.
danger and injury [U.S. v. Maleza, G.R. No. Cosmos Bottling Co., G.R. No. 164749
5036 (1909)]. (2017)].
3. Concurrence When not Considered as Proximate Cause:
“Actus non facit reum, nisi mens sit rea” (A a. There is an active force between the
crime is not committed if the mind of the person felony and resulting injury.
performing the act complained of be innocent). b. Resulting injury is due to the intentional
act of the victim.
Thus, to constitute a crime, the act must,
except in certain crimes made such by statute,
d. Impossible Crime
be accompanied by a criminal intent
[Manzanaris v. People, G.R. No. L-64750
(1984)]. Article 4. Criminal Liability – Criminal liability shall
be incurred:
xxx
4. Resulting Harm 2. By any person performing an act which would be
an offense against persons or property, were it not
From Culpa for the inherent impossibility of its accomplishment
Unless the negligent or imprudent act results in or on account of the employment of inadequate or
harm or injury to another, there is no criminal ineffectual means.
liability.
Rationale:
Rule of Negative Ingredient The commission of an impossible crime is
This rule states that: indicative of criminal propensity or criminal
Page 12 of 305
tendency on the part of the actor. Such person 5. Ineffectual Means.
is a potential criminal. According to positivist • e.g., pressed the trigger of a
thinking, the community must be protected revolver not knowing that it is
from anti-social activities, whether actual or empty
potential, of the morbid type of man called
"socially dangerous person." No Attempted or Frustrated Impossible
Crime
To suppress criminal propensity or criminal Since the offender in an impossible crime has
tendencies. Objectively, the offender has not already performed the acts for the execution of
committed a felony, but subjectively, he is a the same, there could be no attempted
criminal. impossible crime.
Requisites There is no frustrated impossible crime either,

1. The act performed would be an offense because the acts performed by the offender
against persons or property. are considered as constituting a consummated
2. The act was done with evil intent. offense.
3. Its accomplishment is inherently
impossible, or that the means Not a Defense
employed is either inadequate or Impossibility of accomplishing the criminal
ineffectual. intent is not a defense but an act penalized in
4. The act performed should not itself.
constitute a violation of another
provision of the RPC. e. Stages of Execution
DEFINITION OF TERMS 1. Attempted
1. Inherent Impossibility. The act
intended by the offender is by its nature When the offender commences the
one of impossible accomplishment. commission of a felony directly by overt acts
but does not produce the felony by reason of
2. Legal Impossibility. The intended some cause or accident other than his own
acts, even if completed, do not amount spontaneous desistance.
to a crime [Intod v. CA, G.R. No.
103119 (1992)]. Elements [CNDO]:
• e.g., killing a person who is already a. The offender Commences the
dead [Intod v. CA, supra]. commission of the felony directly by
overt acts.
3. Physical Impossibility. Extraneous b. He does Not perform all the acts of
circumstances unknown to the actor or execution which should produce the
beyond his control prevent the felony.
consummation of the intended crime. c. The non-performance of all acts of
• e.g., The alteration, or even execution was Due to cause or
destruction, of a losing accident Other than his own
sweepstakes ticket could cause no spontaneous desistance.
harm to anyone and would not
constitute a crime were it not for the When is a Crime Commenced:
attempt to cash the ticket so altered a. There are external acts.
as a prize-winning number [People b. Such external acts have a direct
v. Balmores, G.R. No. L-1896 connection with the crime intended to
(1950)]. be committed.
4. Inadequate Means. Insufficient DEFINITION OF TERMS

• e.g., small quantity of poison 1. Overt Act. Some physical activity or
deed, indicating the intention to commit
Page 13 of 305
a particular crime, more than a mere consummated [People v. Orita, G.R. No.
planning or preparation, which if 88724 (1990)].
carried out to its complete termination b. Arson – The crime of arson is already
following its natural course, without consummated even if only a portion of the
being frustrated by external obstacles wall or any part of the house is burned.
nor by the spontaneous desistance of The consummation of the crime does not
the perpetrator, will logically and depend upon the extent of the damage
necessarily ripen into a concrete caused [People v. Hernandez, G.R. No. L-
offense [Rait v. People, G.R. No. 31770 (1929)].
180425 (2008)]. c. Bribery and Corruption of Public Officers –
If there is a meeting of the minds, there is
2. Desistance consummated bribery or consummated
General Rule: Desistance is an corruption [US v. Basa, 8 Phil. 89 (1907)].
absolutory cause which negates d. Theft – Once there is unlawful taking, theft
criminal liability provided that the is consummated. It does not matter how
desistance was made when the acts long the property was in the possession of
done have not yet resulted in any the accused; it does not matter whether
felony. Desistance is recognized only the property was disposed of or not
in the attempted stage of the felony. [Valenzuela v. People, G.R. No. 160188
(2007)].
Exemption: In certain cases, although
negated by the attempted stage, there 3. Consummated
may be other felonies arising from his
act. When all the elements necessary for its
execution and accomplishment are present;
Example: An attempt to kill that results the felony is produced.
in physical injuries still leads to liability
for the injuries inflicted. Requisite:
All the elements necessary for its execution
2. Frustrated and accomplishment are present.
When the offender performs all the acts of Indeterminate Offense

execution which would produce the felony but It is one where the intent of the offender in
does not produce it by reason of causes performing an act is not certain. The accused
independent of the will of the perpetrator. may be convicted of a felony defined by the
acts performed by him up to the time of
Elements [AFN]: desistance.
a. Offender performs All the acts of
execution The intention of the accused must be viewed
b. All the acts performed would produce from the nature of the acts executed by him and
the Felony as a consequence the attendant circumstances, and not from his
c. But the felony is Not produced by admission.
reason of causes independent of the
will of the perpetrator. Attempted v. Frustrated v. Consummated
Attempted Frustrated Consummated
Not all crimes have a frustrated stage Felony Felony Felony
General Rule: Felonies that do not require any
result do not have a frustrated stage. As to Acts Performed
CRIMES WHICH DO NOT ADMIT OF Overt acts of All acts of All acts of
FRUSTRATED STAGE [RABT] execution execution execution are
a. Rape – Once there is penetration, no are started are finished finished
matter how slight it is, the offense is BUT BUT
Page 14 of 305
Attempted Frustrated Consummated 2. Objective Phase

Felony Felony Felony It is that portion of acts after the subjective
phase, the result of the acts of execution
Not all acts Crime [People v. Valenzuela, supra].
of execution sought to be ● It has been held that if the offender
are present committed never passes the subjective phase of
is not the offense, the crime is merely
achieved attempted. On the other hand, the
subjective phase is completely
As to Why a Felony is Not Produced passed in case of frustrated crimes,
Due to Due to Felony is for in such instances, "[s]ubjectively
reasons intervening produced. the crime is complete." [People v.
other than causes Valenzuela, supra]
the independent
spontaneous of the will of DEVELOPMENT OF A CRIME
desistance the 1. Internal Acts
of the perpetrator Intent, ideas, and plans; not
perpetrator punishable, even if, had they been
carried out, they would constitute a
As to Position in the Timeline crime [REYES, Book 1].
2. External Acts
Offender is Offender is Offender is in a. Preparatory Acts – means or
still in already in the objective measures necessary for
subjective the phase as all accomplishment of a desired object
phase objective acts of or end [People v. Lizada, G.R. Nos.
because he phase execution are 143468-71 (2003)]. (in this case, a
still has because all already present crime)
control of his acts of and a felony is b. Acts of Execution – Usually overt
acts, execution produced acts with a logical relation to a
including are already particular concrete offense and is
their natural present and already punishable under the RPC
cause. the cause of [People v. Lamahang, G.R. No.
its 43530 (1935)].
nonaccompl
ishment is FACTORS OF DETERMINING STAGE OF
other than EXECUTION OF FELONY
the 1. Manner of Committing the Crime
offender’s a. Formal Crimes. Consummated in
will one instant, no attempt [Albert, cited
in Reyes, Book 1 at 120]. Formal
TWO (2) PHASES OF FELONY crimes such as libel are not
1. Subjective Phase punishable unless consummated
It is that portion of the act constituting the [Disini v. Secretary of Justice, G.R.
crime, starting from the point where the No. 203335 (2014)].
offender begins the commission of the
crime to that point where he still has Example: The mere act of selling or
control over his acts, including their natural even acting as a broker to sell
course [People v. Valenzuela, G.R. No. marijuana or other prohibited drugs
160188 (2007)]. consummates the crime [People v.
Marcos, G.R. No. 83325 (1990)].
b. Crimes Consummated by Mere
Attempt or Proposal by Overt Act.
Page 15 of 305
Examples: Flight to enemy’s country 2. Eight robberies as component parts of
[Art. 121] and Corruption of Minors a general plan [People v. De la Cruz,
[Art. 340] G.R. No. L-1745 (1950)].
c. Crimes Consummated by Mere How Applied

Agreement. Whenever the Supreme Court concludes that
Examples: For betting in sports the criminals should be punished only once,
contests and corruption of public because they acted in conspiracy or under the
officer [Art. 197 and Art. 212], the same criminal impulse:
manner of committing the crime ● It is necessary to embody these crimes
requires the meeting of the minds under one single information.
between the giver and the receiver ● It is necessary to consider them as
[US v. Basa, 8 Phil. 89 (1907)]. complex crimes even if the essence of
the crime does not fit the definition of
d. Material Crimes. Those committed Art. 48, because there is no other
with three (3) stages of execution. provision in the RPC.
2. Nature of the Crime Itself Application to Special Laws

There are certain crimes requiring a The concept is applicable to crimes under
specific intent. special laws. This is in line with Art. 10, which
states that the RPC shall be supplementary to
Examples: Robbery, Theft, Rape. special laws, unless the latter provides the
contrary.
f. Continuing Crimes
Real or Material Plurality v. Continuing
A single crime consisting of a series of acts Crime
arising from a single criminal resolution or Real or Material
intent not susceptible of division. Continuing Crime
Plurality
Requisites [PA-UP-UCIP]: There is a series of acts performed by the

1. Plurality of Acts; offender.
2. Unity of Penal provision infringed upon;
As to the Number of Crimes Committed
and
3. Unity of Criminal Intent and Purpose Each act performed The different acts
constitutes a constitute only one
One Larceny Doctrine separate crime crime because all of
For prosecution of theft cases, the one larceny because each act is the acts performed
doctrine provides that the taking of several generated by a arise from one
things, whether belonging to the same or criminal impulse criminal resolution.
different owners, at the same time and place,
constitutes one larceny only so long as there is
a single criminal impulse [Santiago v. People, Examples on Real Plurality:
G.R. No. 109266 (1993)]. 1. The act of firing one’s revolver twice in
succession, killing one person and
Examples: wounding another [U.S. v. Ferrer, 1
1. Insurrection, Rebellion, Subversion, Phil. 56 (1901)].
and other crimes and offenses 2. Two persons are killed one after
another by different acts [People v.
committed in the furtherance, on the
occasion thereof, or incident thereto [In Olfindo, 47 Phil. 1 (1924)].
the Matter of Petition for Habeas
Corpus of Roberto Umil, G.R. No. Transitory Crime v. Continuing Crime
Offense where some acts material and
81567 (1990)].
essential to the crimes and requisite to their
commission occur in one territory and some
Page 16 of 305
acts are done in another [AAA v. BBB, G.R. No. 2. That one or some of the offenses must
212448 (2018)]. be Necessary to commit the other
● Does not need to be
The theory is that a person charged with a “indispensable means”
transitory offense may be tried in any 3. That both or all the offenses must be
jurisdiction where the offense is in part punished under the Same Statute.
committed [Tuzon v. Cruz, G.R. No. L-27410
(1975)]. When No Complex Crime Proper
1. Subsequent acts of intercourse, after
Examples: forcible abduction with rape, are
1. Estafa. Its necessary elements (deceit separate acts of rape.
and damage) may take place in 2. When trespass to dwelling is a direct
different territorial jurisdictions means to commit a grave offense.
[Gamboa v. CA, G.R. No. L-41054 3. When one offense is committed to
(1975)]. conceal the other.
2. Violation of BP No. 22 (Bouncing 4. Where one of the offenses is penalized
Checks Law) [Uy v. CA, G.R. No. by special law.
119000 (1997)]. 5. There is no complex crime of rebellion
with murder, arson, robbery, or other
common.
g. Complex Crimes and Composite
6. In case of continuous crimes.
Crimes 7. When the other crime is an
indispensable element of the other
Compound Crime offense.
Requisites [S-S21]: GENERAL RULES IN COMPLEXING

1. That only a Single act is performed by CRIMES
the offender 1. Information. Only one (1) shall be filed.
2. That the single act produces: 2. Jurisdiction. When two crimes produced
a. 2 or more grave felonies; or by a single act are respectively within the
b. 1 or more grave and 1 or more exclusive jurisdiction of two courts of
less grave felonies, or 2 or different jurisdiction, the court of higher
more less grave felonies. jurisdiction shall try the complex crime.
3. Penalty.
Examples: ● Where both penalties provide for
1. A single bullet killing two persons imprisonment - penalty to be imposed
[People v. Pama, C.A., G.R. Nos. is the penalty for the most serious
90297-98 (1992)]. crime, applied in its maximum.
2. The act of raping a girl, causing her ● Where one of the penalties is
physical injuries which required imprisonment and the other is fine -
medical attention for about 20 days. only the penalty of imprisonment
This is a complex crime of rape with should be imposed.
less serious physical injuries [U.S. v. 4. When the other offense is not proven.
Andaya, G.R. No. 11477 (1916)]. The accused can be convicted of the
other.
Light Felonies
Light felonies produced by the same act should Art. 48 is Not Applicable in the Following
be treated and punished as separate offenses Instances:
or may be absorbed by the grave felony. 1. When the crimes have common
elements
Complex Crime 2. When the crimes involved are subject
to the rule of absorption [See People v.
Requisites [2-N-SS]: Togonon, G.R. No. L-8926 (1957)]
1. That at least 2 offenses are committed
Page 17 of 305
3. Where the two offenses resulting from benefit they may have received [Art. 101,
a single act are specifically punished RPC].
as a single crime. ● Burden of Proof: Rests on the accused
[People v. Corecor, G.R. No. L-63155
Example: Less serious physical (1988)].
injuries with serious slander of deed,
since this is punished under Art. 265 (2) Requisites of Each Circumstance [D3AFS]:
Justifying Requisites
4. Acts penalized under Art. 365 (those Circumstance
resulting in criminal negligence) [Ivler Defense of 1. Unlawful aggression;
v. Modesto-San Pedro, supra]. person, right, 2. Reasonable necessity
5. In special complex crimes or composite property, or of means employed to
crimes. honor (URL) prevent or repel it; and
3. Lack of sufficient
Special Complex Crimes provocation on the part of
the person defending
In substance, there is more than one crime; but himself.
from the eyes of the law, there is only one. The Defense of 1. Unlawful aggression;
law treats it as a single crime for which it relatives 2. Reasonable necessity
prescribes a single penalty. It is also called a (URN) of means employed to
composite crime. prevent or repel it; and
3. Lack of sufficient
Requisites [2-SI-SCI]: provocation on part of
1. 2 or more crimes are committed relative, or, in case of
2. But the law treats them as a Single, provocation, the one
Indivisible, and unique offense making the defense had
3. Product of Single Criminal Impulse No part therein.
Defense of 1. Unlawful aggression;
Examples: strangers 2. Reasonable necessity
1. Robbery with Homicide [Art. 294 (1)] (URI) of the means employed to
2. Robbery with Rape [Art. 294 (2)] prevent or repel it; and
3. Kidnapping with serious physical 3. The person defending
injuries [Art. 267 (3)] was not Induced by
4. Rape with Homicide [Art. 335] revenge, resentment or
other evil motive.
2. Circumstances Affecting Avoidance of 1. Evil sought to be
greater evil avoided actually Exists.
Criminal Liability (ENIM) 2. Evil or injury must Not
have been produced by
a. Justifying Circumstances the one invoking the
justifying circumstances.
Where the act of the person is said to be in 3. Injury feared be greater
accordance with the law, so that such person than that done to avoid it;
is deemed not to have transgressed the law. and
[Art. 11, RPC] 4. There are no other
practical and less harmful
● Basis: Lack of dolo Means of preventing it.
● Criminal Liability: None; there is no crime Fulfillment of 1. Offender acted in
committed, the act being justified. duty or lawful Performance of duty or in
● Civil Liability: None, except in par. 4, Art. exercise of the lawful exercise of a
11 (avoidance of greater evil), where the right (PN) right or office; and
civil liability is borne by the persons 2. The injury caused or the
benefited by the act in proportion to the offense committed be the
Page 18 of 305
Justifying Requisites It presupposes actual, sudden, and
Circumstance unexpected attack or imminent danger thereof,
Necessary consequence not merely threatening or intimidating attitude
of the due performance of [People v. Colinares, G.R. No. 182748 (2011)].
duty or the lawful exercise
of such right or office. Rules in Unlawful Aggression:
Obedience to 1. Order must have been a. Aggression must be unlawful.
Superior Order issued by a superior; b. The peril to one’s life, limb, [People v.
(OPM) 2. The order is for some Sumicad, G.R. No. 35524 (1932)] or
lawful Purpose; and right is actual and imminent [People v.
3. Means used to carry it Crisostomo, G.R. No. L-38180 (1981)].
out must be lawful. c. Unlawful aggression must be a
continuing circumstance or must have
Defense of Person, Rights, Property been existing at the time the defense is
and Honor (Self-Defense) made [People v. Dijan, G.R. No.
142682 (2002)].
Requisites [URL]: d. Retaliation is not allowed when
1. Unlawful aggression; unlawful aggression ceases [People v.
2. Reasonable necessity of means Cajurao, G.R. No. 122767 (2004)].
employed to prevent or repel it; and
3. Lack of sufficient provocation on the Exception: When the aggressor
part of the person defending himself. retreats to obtain a more advantageous
position to ensure the success of the
Why Self-Defense is Lawful initial attack, unlawful aggression is
● Impulse of self-preservation; deemed to continue [REYES, Book 1].
● State cannot provide protection for
each of its constituents [Castanares v. e. Picking up a weapon is unlawful
Court of Appeals, G.R. Nos. L-41269- aggression if circumstances show that
70 (1979)]. the intention is to harm the defendant
[People v. Javier, 46 O.G. No. 7
No Accidental Self-Defense (1950)].
Self-defense implies a deliberate and positive f. Mere belief of an impending attack is
overt act of the accused to prevent or repel an not sufficient but in relation to “mistake
unlawful aggression of another with the use of of fact,” the belief of the accused may
reasonable means. The accused has freedom be considered in determining the
of action, and is aware of the consequences of existence of unlawful aggression
his acts. From necessity, and limited by it, [Baxinela v. People, G.R. No. 149652
proceeds the right of self-defense [People v. (2006)].
Toledo, G.R. No. 158057 (2004)].
Considerations in Determining Existence of
REQUISITES Unlawful Aggression:
a. Physical & objective circumstance
1. Unlawful Aggression (e.g., wound received by deceased)
[People v. Dorico, G.R. No. L-31568
Unlawful aggression is an indispensable (1973)]
element of self-defense, whether complete or b. Lack of motive of person defending
incomplete under Articles 11 or 13, himself [People v. Berio, G.R. No.
respectively [People v. San Juan, G.R. No. 40602 (1934)]
144505 (2002)]. c. Conduct of accused immediately after
the incident [People v. Boholst-
Peril to one’s life, limb, or right is actual and Caballero, G.R. No. L-23249 (1974)]
imminent.
Page 19 of 305
When in Retaliation Doctrine of Rational Equivalence
When the killing of the deceased by the Rational equivalence presupposes the
accused was after the attack made by the consideration not only of the nature and quality
former, the accused must have no time nor of the weapons used by the defender and the
occasion for deliberation and cool thinking. assailant, but of the totality of circumstances
When unlawful aggression ceases, the surrounding the defense vis-à-vis the unlawful
defender has no longer any right to kill or aggression [Espinosa v. People, G.R. No.
wound the former aggressor, otherwise, 181071 (2010)].
retaliation and not self-defense is committed
[People v. Bates, G.R. No. 139907 (2003)]. As to whether the means employed is in
proportion to the harm done does not depend
Lawful Aggression on harm done, but the imminent danger of such
Aggression is lawful when it is done: injury [People v. Gutual, G.R. No. 115233
a. For the fulfillment of a duty [People v. (1996)].
Gayraina, G.R. Nos. 39270 & 29271
(1934)] Perfect equality between the weapon used by
b. In the exercise of a right in a more or the one defending himself and that of the
less violent manner [U.S. v. Merced & aggressor is not required, nor is the material
Patron, G.R. No. 14170 (1918)] commensurability between the means of attack
and defense. Rational equivalence is enough
No Unlawful Aggression [People v. Samson, G.R. No. 214883 (2015)].
There is no unlawful aggression in the following
circumstances: Test of Reasonableness [Escoto v. Court of
a. When there is an agreement to fight Appeals, G.R. No. 118002 (1997); See Ganal,
and the challenge to fight was Jr. v. People, G.R. No. 248130 (2020)]
accepted [People v. Navarro, G.R. No.
L-1878 (1907)]. Reasonableness depends upon the:
a. Nature and quality of the weapon used
Exception: When the aggression by the aggressor
which is ahead of an agreed time or b. Aggressor’s physical condition,
place is unlawful aggression [Severino character, size, and other
Justo v. Court of Appeals, G.R. No. L- circumstances
8611 (1956)]. c. Circumstances of those of the person
defending himself
b. When the paramour kills the offended d. Place and occasion of the assault
husband who was assaulting him
because the husband’s aggression When the Assault was Without Use of
was lawful [Art. 247, RPC] [U.S. v. Weapon
Merced, G.R. No. 14170 (1918)]. General Rule: A man is not justified in taking
c. Reasonable force made by a police the life of one who assaults him with his fist
officer to arrest a suspect [People v. only, without the use of a dangerous weapon.
Calip, et al., 3 C.A. Rep. 808].
Exception: Where the person assaulted has
2. Reasonable Necessity of Means retreated to the wall and uses in a defensive
Employed way the only weapon at his disposal [People v.
Sumicad, G.R. No. 35524 (1932)].
Requisites: Note: The general rule contemplates the
a. Necessity of the: situation where the contestants are in the open
● Course of action taken and the person can opt to run away.
● Means employed
b. The above must be reasonable [Art. 11 Rules in the Use of Firearms
(1), RPC] a. If the attacker is already disarmed –
there is no need to further use violence
Page 20 of 305
[People v. Masangkay, G.R. No. L- forcing his way into the house, shows he was
73461 (1988)]. ready and looking for trouble [People v.
b. If the attacker was disarmed but Mirabiles, 45 O.G., 5th Supp., 277; cited in
struggled to re-obtain the weapon – REYES, Book 1].
violence may be justified [People v.
Rabandaban, G.R. No. L-2228 (1950)]. 2. Defense of Honor and Reputation
c. The one defending must aim at the Placing a hand by a man on the woman’s upper
defendant and not indiscriminately fire thigh is unlawful aggression [People v.
his deadly weapon [People v. Jaurigue, C.A. No. 384 (1946)].
Galacgac, C.A., 54 O.G. 1027; cited in
REYES, Book 1]. A slap on the face is also considered as
unlawful aggression since the face represents
Interpretation a person and his dignity [Rugas v. People, G.R.
This element should be interpreted liberally in No. 147789 (2004)].
favor of the law-abiding citizen. [People v. So,
5 CAR [2s] 671, 674; cited in REYES, Book 1] Stand Your Ground Principle
A person is justified in the use of deadly force
3. Lack of Sufficient Provocation and does not have a duty to retreat if he
reasonably believes that such force is
The accused who claims self-defense must not necessary to prevent imminent death or great
have provoked the aggression of the victim. bodily harm to himself or herself [U.S. v.
Domen, G.R. No. L-12963 (1917)].
Provocation is sufficient when it is
proportionate to the aggression [People v. Defense of Relatives
Boholst-Caballero, supra].
Requisites [URL]
Insults 1. Unlawful aggression
2. Reasonable necessity of means
General Rule: Verbal argument is not employee; and
considered sufficient provocation. 3. Lack of sufficient provocation on part of
relative, or, in case of provocation, the
Exception: Insults in vulgar language are. one making the defense had no part
therein.
Subjects of Self-Defense
a. Defense of person Relatives Covered by Par. 2 [SAD-SiRC]
b. Defense of rights 1. Spouse
c. Defense of property [People v. 2. Ascendants
Narvaez, G.R. No. L-33466-67 (1983)] 3. Descendants
4. Legitimate, natural, or adopted
Defense of Property Siblings, or relatives by affinity in the
The defense of property rights can be invoked same degrees (parents-in-laws,
if there is an attack upon the property, although children-in-law, siblings-in-law)
it is not coupled with an attack upon the person 5. Relatives by Consanguinity within 4th
of the owner of the premises, so long as all the civil degree
elements for justification must however be
present [People v. Narvaez, G.R. No. L-33466- Person Being Defended Still in Danger
67 (1983)]. Unlawful aggression can be made to depend
on the honest belief of the one making a
EXAMPLES OF OTHER SUBJECTS OF defense. However, one may no longer be
SELF-DEFENSE exempt from criminal liability when he or the
1. Defense of Home person being defended is no longer in danger
Violent entry to another’s house at nighttime; of bodily harm by the aggressor [U.S. v.
by a person who is armed with a bolo; and Esmedia, G.R. No. L-5740 (1910)].
Page 21 of 305
Defense of Stranger negligence or imprudence of the accused [Ty
v. People, G.R. No. 149275 (2004)].
Requisites [URN]
1. Unlawful aggression b. Fulfillment of Duty or Lawful
2. Reasonable necessity of the means Exercise of Right or Office
employed; and
3. Person defending was Not induced by Requisites [PN]:
revenge, resentment, or other evil 1. The accused acted in the Performance
motive of a duty or on the lawful exercise of a
right or office; and
Note: Motive is relevant only in this kind of 2. The injury caused or offense
defense. committed be the Necessary
consequence of the due performance
Rationale: What one may do in his defense, of duty or the lawful exercise of such
another may do for him. The ordinary man right or office.
would not stand idly by and see his companion
killed without attempting to save his life [U.S. v. Police Officers
Aviado, G.R. No. 13397 (1918)]. The law does not clothe police officers with
authority to arbitrarily judge the necessity to kill,
Stranger but must be within reasonable limits [People v.
Any person not included in the enumeration of Ulep, G.R. No. 132547 (2000)].
relatives under par. 2 of Art. 11.
Warning Shot
State of Necessity (Avoidance of a To justify the killing by a policeman of a
Greater Evil) suspected robber as fulfillment of his lawful
duty, he must have first fire a warning shot
Requisites [ENIM]: before shooting [Mamangun v. People, G.R.
1. Evil to be avoided actually Exists; No. 149152 (2007)].
2. Evil or injury is Not produced by the one
invoking the justifying circumstance; However, the directive to issue a warning
3. Injury feared by greater than that done contemplates a situation where several options
to avoid it; and are available to the officers. When the threat to
4. No other practical and less harmful the life of the law enforcer was imminent and
Means of preventing it. there was no other option but to use force, a
police officer conducted himself in the lawful
Civil Liability exercise of a right [People v. Cabanlig, G.R.
It is only in this paragraph that the person No. 148431 (2005)].
accused incurs civil liability despite the
justifying circumstance. Said liability is borne Obedience to an Order Issued for Some
by the person benefited by the act. Lawful Purpose
State of Necessity Requisites [OPM]

There is necessity when the situation is of 1. An Order has been issued by a
grave peril, actual or imminent. It is superior
indispensable that the state of necessity is not 2. Such order must be for some lawful
brought about by intentional provocation on the Purpose; and
part of the party invoking the same [People v. 3. The Means used by the subordinate to
Retubado, G.R. No. 124058 (2003)]. carry out said order is lawful.
Kind of Evil Examples:

The evil contemplated includes injury to 1. Where the accused acted upon orders
persons and damage to property. This greater of superior officers that they, as military
evil must not be brought about by the subordinates, could not question, and
Page 22 of 305
obeyed in good faith, without being Justifying v. Exempting Circumstances
aware of their illegality, without any [See People v. Pantoja, G.R. No. 223114
fault or negligence on their part, the act (2017)]
is not accompanied by criminal intent. Justifying Exempting
A crime is not committed if the mind of Circumstanc Circumstanc
the person performing the act be es es
innocent [People. v. Beronilla, G.R. No. [Art. 11, [Art. 12,
L-4445 (1955)]. RPC] RPC]
2. One who prepared a falsified document As to Effect It affects the It affects the
with full knowledge of its falsity is not of act, not the actor, not the
excused even if he merely acted in Circumstan actor. act.
obedience to the instruction of his ce
superior, because the instruction was As to The act is The act
Lawfulness considered to complained
not for a lawful purpose [People. v.
of Act have been of is actually
Barroga, G.R. No. L-31563 (1930)].
done within wrongful, but
3. A soldier who tortured to death the
the bounds of the actor is
deceased in obedience to the order of law; hence, not liable.
his sergeant is not exempt from liability legitimate
because the order to torture the and lawful in Since the act
deceased was illegal, and the accused the eyes of complained
was not bound to obey it [People. v. the law. of is actually
Margen, et al., G.R. No. L-2681 wrong, there
(1950)]. Since the act is a crime,
is considered but since the
b. Exempting Circumstance lawful, there actor acted
is no crime. without
voluntariness
Exempting Circumstances
or
Grounds for exemption from punishment
negligence,
because the agent of the crime is wanting any there is no
of the conditions which make the act voluntary dolo or culpa.
or negligent. As to There is no There is no
Liability criminal criminal
The reason for the exemption lies on the liability and liability but
complete absence of intelligence, freedom of no civil there is civil
action, or intent, or on the absence of liability liability
negligence on the part of the accused (except: (except:
[Guevarra v. Almodovar, G.R. No. 75256 avoidance of accident;
(1989)]. greater evil insuperable
where civil cause).
Burden of Proof liability is
Prosecution has the burden of proof to borne by
establish the guilt of the accused. However, persons for
once the defendant admits the commission of whose
the offense charged, but raises an exempting benefit the
circumstance as a defense, the burden of harm has
been
proof is shifted to him [People v.
prevented).
Concepcion, G.R. No. 148919 (2002)].
Page 23 of 305
Requisites of Each Circumstance [IMDAI-UI]
Exempting Circumstance Requisites Basis
Insanity or imbecility Imbecile or insane person did not act during lucid Absence of
interval intelligence
Minority; Without 1. Accused is 15 years old and Below; and Absence of
Discernment 2. Accused is Between 15 and 18 years old, and intelligence
(15B-Bet1518 he acted Without Discernment
WD)
Accident (LDAW) 1. A person is performing a Lawful act; Lack of
2. Act was done with Due care; negligence and
3. He causes an injury to another by mere intent
Accident; and
4. Without fault or intention of causing it.
Irresistible force (PIT) 1. There is compulsion is by means of Physical Absence of
force; freedom
2. Physical force must be Irresistible; and
3. Physical force must come from a Third person.
Uncontrollable fear 1. Existence of an uncontrollable fear Absence of
(ERIGE) 2. Fear must be Real and Imminent. freedom
3. Fear of an injury is Greater than or Equal to that
committed.
Insuperable or lawful cause 1. That an act is Required by law to be done; Lack of intent
(RFLi) 2. That a person Fails to perform such act;
3. That his failure to perform such act was due to
some Lawful or insuperable cause
Insanity or Imbecility Exception: During a lucid interval, the insane

acts with intelligence, thus, is not exempt from
Imbecile criminal liability.
One who, while advanced in age, has a mental
development comparable to that of a child Remission of Symptoms
between 2 and 7 years of age [People v. One suffering from psychosis who takes
Cayetano, G.R. Nos. 112429-30 (1997)]. medication is “in remission of symptoms;”
meaning, he would not actively exhibit the
Feeblemindedness is not Imbecility symptoms of psychosis and it is only when one
For imbecility, it is necessary that there is a fails to take his medication and/or drinks
complete deprivation of intelligence in alcohol that the symptoms of psychosis may be
committing the act. Feeblemindedness may, triggered, depriving one of his will. However,
however, be considered a mitigating that one is in remission of symptoms or has
circumstance [People v. Formigones, G.R. No. failed to take the prescribed medicine is not a
L-3246 (1950)]. conclusive finding as to the sanity of the
accused at the time of the commission of the
Insanity crime. The psychotic may have varying
A complete deprivation of intelligence in degrees of awareness of the consequences of
committing the act, but capable of having lucid his acts, which awareness would also depend
intervals. Mere abnormality of mental faculties on the degree of psychosis at the time of the
is not enough especially if the offender has not commission of the act [People v. Antonio, Jr.,
lost consciousness of his acts [People v. G.R. No. 144266 (2002)].
Formigones, supra].
RULES IN INSANITY
General Rule: Insanity is an exempting 1. Presumption of Sanity.
circumstance
Page 24 of 305
Burden of proof of insanity is on the Mental Illnesses Covered
defense [People v. Aquino, G.R. No. Cases covered under this article are:
87084 (1990)]. [MEPSleD]
1. Malignant malaria, which affects the
2. Insanity should exist before or at the nervous system [People v. Lacena,
moment of the act or acts under G.R. No. 46836 (1940)]
prosecution [People v. Aquino, supra]. 2. Epilepsy [People v. Mancao and
Insanity subsequent to commission of Aguilar, G.R. No. L-26361 (1927)]
crime is not exempting. He is presumed to 3. Psychosis or schizophrenia, except
be sane when he committed it [U.S. v. when in remission of symptoms
Guevara, G.R. No. 9265 (1914)]. [People v. Antonio, Jr., G.R. No.
144266 (2002)]
An accused invoking insanity admits to 4. Somnambulism: Sleep-walking
have committed the crime but claims that [People v. Taneo, G.R. No. L-37673
he or she is not guilty because of insanity. (1933)]
The testimony or proof of an accused's 5. Dementia praecox [People v. Bonoan,
insanity must, however, relate to the time G.R. No. L-45130 (1937)]
immediately preceding or coetaneous with
the commission of the offense with which CONDITIONS NOT CONSIDERED AS
he is charged [People vs. Tibon, 622 INSANITY
SCRA 510 (2010)]. 1. Amnesia – in and of itself, it is no defense
to a criminal charge unless it is shown by
3. There must be a complete deprivation competent proof that the accused did not
of intelligence in committing the act. know the nature and quality of his action
Mere abnormality of the mental faculties and that it was wrong [People v.
will not exclude imputability [People v. Tabugoca, G.R. No. 125334 (1998)].
Formigones, supra; Art. 13, par. 9, RPC]. 2. Craziness – Unusual behaviors, such as
smiling to oneself and calling a chicken
How Proven late at night, are not proof of complete
The state or condition of a person’s mind can absence of intelligence because not every
only be measured and judged by his behavior. aberration of the mind or mental deficiency
constitutes insanity [People v. Miraña,
Opinion Testimony G.R. No. 219113 (2018)].
Establishing the insanity of an accused 3. Pedophilia – Despite his affliction, a
requires opinion testimony which may be given pedophile could still distinguish between
by a witness who is intimately acquainted with right and wrong [People v. Diaz, G.R. No.
the accused, by a witness who has rational 130210 (1999)].
basis to conclude that the accused was insane
based on the witness’ own perception of the Juridical Effects of Insanity
accused, or by a witness who is qualified as an
When Insanity
expert, such as a psychiatrist. The testimony or Effect on liability
is Present
proof of the accused’s insanity must relate to
the time preceding or coetaneous with the Immediately Exempt from liability
commission of the offense with which he is preceding or [People v. Formigones,
charged [People v. Madarang, G.R. No. coetaneous with supra]
132319 (2000)]. the commission
of the offense
Two Tests: charged
1. Cognition. Whether the accused acted [People vs.
with complete deprivation of intelligence; Tibon, supra].
and
2. Volition. Whether the accused acted in During Trial He is criminally liable but
total deprivation of freedom of will [People the proceedings will be
v. Rafanan, G.R. No. L-54135 (1991)].
Page 25 of 305
In both cases, the child shall be subjected to
When Insanity
Effect on liability an intervention program. [Sec. 6, R.A. 9344]
is Present
suspended and the Discernment

accused is committed to a Capacity of the child at the time of the
hospital. commission of the offense to understand the
differences between right and wrong and the
After Judgment Execution of judgment is consequences of the wrongful act. [Sec. 4,
or while serving suspended and the A.M. No. 01-1-18-SC, Revised Rule on
sentence accused is committed to a Children in Conflict with the Law]
hospital.
Presumption of Minority
The period of confinement A child in conflict with the law enjoys the
in the hospital is counted presumption of minority. [Sec. 5, A.M. No. 01-
for the purpose of the 1-18-SC]. In case of doubt as to the age of the
prescription of the child, it shall be resolved in his/her favor. [Sec.
penalty. 7, R.A. 9344]
Determination of Age
Minority 1. Child’s birth certificate
2. Baptismal certificate
Note: Pars. 2 and 3 of Art. 12, and Art. 80 of 3. Other pertinent documents
the RPC, have been amended/repealed by 4. In the absence of such documents, age
P.D. 603, as amended, and R.A. 9344. may be based on:
a. Testimony of the child
JUVENILE JUSTICE AND WELFARE ACT b. Testimony of a member of the
OF 2006 (R.A. 9344) family related by affinity or
consanguinity
Definition Of Terms c. Testimony of other persons
1. Child. Person under 18 years. d. Physical appearance of the
2. Child in conflict with the law. Child who child
is alleged as, accused of, or adjudged as, e. Other relevant evidence [Sec.
having committed an offense under 5, A.M. No. 01-1-18-SC]
Philippine laws [Sec. 4 (e), R.A. 9344].
3. Intervention. A series of activities Any person alleging the age of the child in
designed to address issues that caused conflict with the law has the burden of proving
the child to commit an offense. It may take the age of such child. [Sec. 7, R.A. 9344]
the form of an individualized treatment
program which may include counseling, Civil Liability
skills training, education, and other The exemption from criminal liability does not
activities that will enhance his/her include exemption from civil liability, which
psychological, emotional, and psycho- shall be enforced in accordance with existing
social well-being [Sec. 4 (l), R.A. 9344]. laws. [Sec. 6, R.A. 9344]
When Exempt from Criminal Liability: General Rule: The parents shall be liable for
1. A child 15 years or under at the time of damages.
the commission of the offense shall be
exempt from criminal liability. A child is Exception: If they were able to prove that they
deemed to be 15 years of age on the were exercising reasonable supervision over
date of his/her 15th birthday. the child at the time the child committed the
2. A child above 15 years but below 18 offense and exerted reasonable effort and
years of age who acted without utmost diligence to prevent or discourage the
discernment shall be exempt from
criminal liability. [Sec. 6, R.A. 9344]
Page 26 of 305
child from committing another offense. [Sec. The duress, force, fear, or intimidation must be
20-D, R.A. 9344, as amended by R.A. 10630] present, imminent and impending, and of such
nature as to induce a well-grounded
Accident apprehension of death or serious bodily harm if
the act is not done [People v. Villanueva, G.R.
An unintended and unforeseen injurious No. L-9529 (1958)].
occurrence; something that does not occur in
the usual course of events or that could not be Uncontrollable Fear
reasonably anticipated; an unforeseen and
injurious·occurrence not attributable to Requisites [ERIGE]
mistake, negligence, neglect, or misconduct 1. Existence of an uncontrollable fear
[Calera v. Hoegh Fleet Services Philippines, 2. Fear must be Real and Imminent.
Inc., G.R. No. 250584 (2021)]. 3. Fear of an injury is Greater than or
Equal to that committed [People v.
Requisites [LDAW] Petenia, G.R. No. L-51256 (1986)].
1. A person is performing a Lawful act;
2. Act was done with Due care; Fear should not be speculative, fanciful, or
3. He causes injury by mere Accident; remote. Such compulsion must leave no
and opportunity to the accused for escape or self-
4. Without fault or intention of causing it. defense in equal combat [See People v.
Moreno, G.R. No. L-64 (1946)].
Accident v. Avoidance of greater evil
Accident Avoidance In Treason
[Art. 12 of Greater In the eyes of the law, nothing will excuse that
(4)] Evil act of joining an enemy, but the fear of
[Art. 11 (4)] immediate death [People v. Bagalawis, G.R.
As to Type of Exempting Justifying No. L-262 (1947)].
Circumstance
As to Cause of Offender Offender Uncontrollable Fear v. Irresistible Force
Damage accidentall deliberately Irresistible Uncontrolla
y causing caused the Force ble Fear
the damage. As to Irresistible Uncontrollab
damage. Recipient force must le fear may
of operate be
Irresistible Force Force/Fear directly upon generated
the person of by a
Requisites [PIT] the accused. threatened
1. There was compulsion by means of act directly
Physical force to a third
2. Physical force must be Irresistible person.
3. Physical force comes from a Third As to Type Injury feared Evil feared
person of may be lesser must be
Evil/Injury degree than greater or at
Actus me invite factus non est meus actus. Feared the damage least equal
An act done by me against my will is not my caused by the to the
act. accused. damage
caused to
The person invoking this circumstance must avoid it.
show that the force exerted was such that it As to Offender uses Offender
reduced him to a mere instrument who acted Source of physical force employs
not only without his will but against it [People v. Force/Fear or violence to intimidation
Lising, G.R. No. 106210-11 (1998)]. compel or threat in
another compelling
Page 27 of 305
Irresistible Uncontrolla criminal liability under articles 11 and 12 are
Force ble Fear attendant. Provided, the majority of such
person to another to conditions are present.
commit a commit a
crime. crime. Effect
The courts have the discretion of imposing the
Insuperable or lawful cause penalty lower by one or two degrees than that
prescribed by law, in view of the number and
Insuperable nature of the conditions of exemption present
It means insurmountable. A cause which has or lacking.
lawfully, morally, or physically prevented a
person to do what the law commands [See Rules on Incomplete Justification
People v. Bandian, G.R. No. 45186 (1936)]. 1. When the justifying or exempting
circumstance has only two (2)
Requisites [RFLi] requisites, the presence of one
1. An act is Required by law to be done element is sufficient [See People v.
2. The person Fails to perform such act Macbul, G.R. No. L-48976 (1943);
3. His failure to perform such act was due People v. Oanis, G.R. No. L-47722
to some Lawful or insuperable cause (1943].
2. Incomplete justification is a privileged
Examples: mitigating circumstance (it cannot be
1. A woman cannot be held liable for offset by aggravating circumstances)
infanticide when she left her newborn [People v. Ulep, supra].
child in the bushes without being aware
that she had given birth at all [People v. INCOMPLETE SELF-DEFENSE, DEFENSE
Bandian, supra]. OF RELATIVES AND STRANGERS
2. A municipal president was exempt from 1. Unlawful Aggression – should always be
liability in the arbitrary detention of a present to be appreciated as a mitigating
prisoner because it was impossible to circumstance [People v. CA, G.R. No.
deliver him to the nearest judicial 103613 (2001)].
authority within the period provided by 2. Ordinary mitigating circumstance – if
law given the only means of only unlawful aggression is present.
transportation available [U.S. v. 3. Privileged mitigating circumstance – if
Vincentillo, G.R. No. L-6082 (1911)]. two of the three requisites are present
[People v. CA, G.R. No. 103613 (2001)].
c. Mitigating Circumstances
Under 18 or Over 70 Years Old
Incomplete Justification or Exemption (Conditional Minority)
Article 69. Penalty to be imposed when the crime Article 68. Penalty to be imposed upon a person
committed is not wholly excusable. – A penalty under eighteen years of age. – When the offender is
lower by one or two degrees than that prescribed by a minor under eighteen years and his case is one
law shall be imposed if the deed is not wholly coming under the provisions of the paragraphs next
excusable by reason of the lack of some of the to the last of Article 80 of this Code, the following
conditions required to justify the same or to exempt rules shall be observed:
from criminal liability in the several cases mentioned 1. A person aged fifteen years of age or under at
in Article 11 and 12, provided that the majority of the time of the commission of the offense shall
such conditions be present. The courts shall impose be exempt from criminal liability [R.A. 9344, Sec.
the penalty in the period which may be deemed 6, as amended by R.A. 10630, Sec. 3].
proper, in view of the number and nature of the 2. Upon a person over fifteen and under eighteen
conditions of exemption present or lacking. years of age, the penalty next lower than that
prescribed by law shall be imposed, but always
in the proper period.
Applicability
Applicable when not all the requisites
necessary to justify the act or to exempt from
Page 28 of 305
Effect of Minority of the Offender Considerations in Determining Existence of
When the offender is a minor under 18 years, Praeter Intentionem
the penalty next lower than that prescribed by The intention, as an internal act, is judged not
law shall be imposed, but always in the proper only by the proportion of the means employed
period [People v. Jacinto, G.R. No. 182239 by him to the evil produced by his act, but also
(2011)]. by the:
1. Weapon used [People v. Reyes, G.R.
Age How appreciated No. 42117 (1935), People v. Datu
15 and below Exempting circumstance Baguinda, G.R. No. L-14388 (1960)]
Above 15 but Without discernment: 2. Part of the body injured [People v.
under 18 Exempting circumstance Banlos, G.R. No. L-3412 (1950)]
3. Injury inflicted [People v. Flores, G.R.
With discernment: No. 27093 (1927)]
Privileged Mitigating 4. Manner it is inflicted [People v. Banlos,
Circumstance G.R. No. L-3412 (1950)]
Over 70 Ordinary Mitigating 5. Subsequent acts of the accused
Circumstance except when immediately after committing the
the penalty imposable is offense [People v. Ural, G.R. No. L-
death, in such case, the 30801 (1974)]
penalty shall be reduced to
reclusion perpetua. Sufficient Provocation or Threat
No Intention to Commit So Grave a Provocation

Wrong (Praeter Intentionem) Any unjust or improper conduct or act of the
offended party capable of exciting, inciting, or
Praeter Intentionem irritating anyone [Pepito v. Court of Appeals,
The offender had no intention to commit a G.R. No. 119942 (1999)].
grave so wrong as what was actually
committed. [Art. 13 (3), RPC]. Threat
Threat must not be offensive and positively
Requisites [NED] strong, otherwise, it may result to unlawful
There is Notable and Evident Disproportion aggression, justifying self-defense. See:
between the means employed to execute the discussion on self-defense [People v.
criminal act and its consequences [U.S. v. Guysayco, G.R. No. 4912 (1903)].
Reyes, G.R. No. 12635 (1917)].
Requisites [SOPDI]
Applicability 1. Provocation must be Sufficient.
Only applicable to offenses resulting in death, 2. It must Originate from the offended
physical injuries, or material harm (including party.
property damage) [People v. Galang de 3. It must be Personal and Directed to the
Bautista, C.A., 40 O.G. 4473; cited in REYES, accused.
Book 1]. 4. It must be Immediate to the act.
5. When there is an interval of time
When Not Applicable between the provocation and the
1. Where the acts were reasonably commission of the crime, the
sufficient and did actually produce the perpetrator has time to regain his
death of the victim [People v. Sales, reason. Provocation in order to be a
G.R. No. 177218 (2011)]. mitigating circumstance must be
2. Cases involving defamation or slander sufficient and immediately proceeding
[People v. Galang de Bautista, supra]. the act [People v. Pagal, G.R. No. L-
32040 (1977)].
Page 29 of 305
Lapse of Time Allowed
Provocation as a Provocation as a
Although the grave offense which engendered
Requisite of Mitigating
the perturbation of mind was not so immediate,
Incomplete Circumstance
it was held that the influence thereof, by
Self-Defense
reason of its gravity, lasted until the moment
It pertains to its It pertains to its the crime was committed [People v. Parana,
absence on the part presence on the part G.R. No. L-45373 (1937)].
of the person of the offended party
defending himself [People v. CA, G.R. However, this circumstance cannot be
[People v. CA, G.R. No. 103613 (2001)]. considered where sufficient time has elapsed
No. 103613 (2001)]. for the accused to regain his composure
[People v. Ventura, G.R. No. 148145-46
(2004)].
BAR TIP: The common set-up given in a bar
problem is that of provocation given by Gravity of Personal Offense
somebody against whom the person provoked The question whether or not a certain personal
cannot retaliate; thus, the person provoked offense is grave is dependent on the following
retaliated on a younger brother or on the father. must be decided by the court, having in mind
Although in fact, there is sufficient provocation, [TimPlaS]:
it is not mitigating because the one who gave 1. Time when the insult was made;
the provocation is not the one against whom 2. Place; and
the crime was committed. 3. Social standing of the person.
Look at two criteria Provocation v. Vindication

1. Element of time; consider: Provocation Vindication
a. Material lapse of time, and [Art. 13 (4)] [Art. 13 (5)]
b. Effect of the threat of As to It is made The grave
provocation. Offended directly only offense may
2. If at the time the offender committed Party to the be
the crime, he is still suffering from person committed
outrage of the threat or provocation committing against the
done to him., then he will still get the the felony. offender’s
benefit of this mitigating circumstance. relatives
mentioned
Immediate Vindication of a Grave by law.
Offense As to The offense The
Graveness need not be offended
Requisites [GC-V-N] of Offense a grave party must
1. That there be a Grave offense done to offense. have done a
the one Committing the felony, his grave
spouse, ascendants, descendants, offense to
legitimate, natural or adopted brothers the offender
or sisters, or Relatives by affinity within of his
the same degree. relatives.
2. That the felony is committed in As to The The grave
Vindication of such grave offense. A Immediate- provocation offense may
lapse of time is allowed between the ness of or threat be
vindication and the doing of the grave Offense must proximate,
offense. immediately which admits
3. The vindication need Not be done by precede the of an interval
the person upon whom the grave act. of time.
offense was committed.
Page 30 of 305
Provocation Vindication Passion/Obfuscation v. Irresistible Force
[Art. 13 (4)] [Art. 13 (5)] Passion or Irresistible
As to It Is a mere It concerns Obfuscation Force
Subject of spite against the honor of [Art. 13 (6)] [Art. 12 (5)]
Offense the one the person. As to Mitigating Exempting
giving the Type of Circumstance Circumstance
provocation Circum-
or threat. stance
As to Does not Physical force
Passion or Obfuscation Role of involve is a condition
Physical physical force. sine qua non.
Requisites [I-P-AUS-L]: Force
1. The accused acted upon an Impulse
[Art. 13 (6), RPC]; As to Passion/ Irresistible
2. The impulse must be so Powerful that Source obfuscation force comes
it naturally produces passion or of comes from from a third
obfuscation in him [Art. 13(6), RPC; Circum- the offender person.
People v. Danofrata, G.R. No. 143010 stance himself.
(2003)];
3. That there be an Act, both Unlawful As to Must arise Irresistible
and Sufficient to produce such Source from lawful force is
condition of mind [People v. Comillo, of sentiments to unlawful.
G.R. No. 186538 (2009)]; and Sentime be mitigating.
4. That said act which produced the nts
obfuscation was not far removed from
the commission of the crime by a
considerable Length of time, during Passion/Obfuscation v. Provocation
which the perpetrator might recover his Passion or Provocation
normal equanimity [Del Poso v. Obfuscation [Art. 13 (4)]
People, G.R. No. 210810 (2016)]. [Art. 13 (6)]
As to Provocation comes from the
There is passion or obfuscation when there are Source of injured party.
causes naturally producing in a person the Provocation
following:
1. Powerful excitement As to The offense Must
2. Loss of reason and self-control Immediate- which immediately
3. Diminution the exercise of his will ness of endangers precede the
power [U.S. v. Salandanan, G.R. No. Commis- the commission
951 (1902)] sion perturbation of the crime.
of the mind
When Not Applicable need not be
1. When the act is committed in a spirit of immediate. It
lawlessness or revenge [People v. is only
Bates, G.R. No. 139907 (2003)]. required that
2. If the cause of loss of self-control is the influence
trivial and slight, obfuscation is not thereof lasts
mitigating [U.S. v. Diaz, G.R. No. L- until the
5155 (1910)]. moment the
3. Act causing obfuscation does not come crime is
from the offended party [Alforte v. committed.
People, G.R. No. 159672 (Notice) In both, the effect is the loss
(2014)]. of reason and self-control
on the part of the offender.
Page 31 of 305
PASSION AND OBFUSCATION Person in authority. One directly
CONSIDERED ALONGSIDE OTHER vested with jurisdiction [Art. 152].
CIRCUMSTANCES
Agent of person in authority. Person,
Passion and obfuscation cannot be considered who, by direct provision of law, or by
separately from: election or by competent authority, is
1. Treachery (Aggravating Circumstance) charged with the maintenance of public
Passion cannot co-exist with treachery order and the protection and security of
because in passion, the offender loses his life and property and any person who
control and reason while in treachery the comes to the aid of persons in authority
means employed are consciously adopted [Art. 152].
[People v. Germina, G.R. No. 120881 (1998)].
Examples:
2. Provocation (Mitigating Circumstance) i. When the accused surrenders
They cannot be considered as two separate himself to the commanding
mitigating circumstances. If these two officer [Ebajan v. Court of
circumstances are based on the same facts, Appeals, G.R. No. 77930-31
they should be treated together as one (1989)].
mitigating circumstance [Romera v. People, ii. When the accused who first
G.R. No. 151978 (2004)]. surrendered to the Municipal
Court later surrenders himself
3. Vindication (Mitigating Circumstance). to the Constabulary
Vindication of a grave offense and passion or headquarters of the province
obfuscation cannot be counted separately and [People v. Casalme, G.R. No.
independently. If these two circumstances L-18033 (1966)].
arise from one and the same incident, they
should be considered as only one c. Surrender was Voluntary
mitigating circumstance [People v. Torpio, Surrender is voluntary if it is
G.R. No. 138984 (2004)]. spontaneous either because he:
i. Acknowledges his guilt; or
Voluntary Surrender or Plea of Guilt ii. Wishes to save them the
trouble and expenses that
1. Voluntary Surrender would be necessarily incurred
in his search and capture
Requisites [NA-SV]: [Andrada v. People, G.R. No.
a. Offender has Not been actually 135222 (2005)].
Arrested
Not Considered Voluntary Surrender
Exception: Where a person, after 1. Merely requesting a policeman to
committing the offense and having accompany the accused to the police
opportunity to escape, voluntarily headquarters [People v. Flores, G.R.
waited for the agents of the authorities No. 137497 (1994)].
and voluntarily gave up, he is entitled 2. If the only reason for the supposed
to the benefit of the circumstance, even surrender is to ensure the safety of the
if he was placed under arrest by a accused whose arrest is inevitable, the
policeman then and there [People v. surrender is not spontaneous and
Parana, G.R. No. L-45373 (1937)]. hence not voluntary [People v. Pinca,
G.R. No. 129256 (1999)].
b. Offender Surrendered himself to a 3. When the accused surrendered only 14
person in authority or to the latter’s days after the commission of the
agent offense, as this shows that his
surrender was merely an afterthought
Page 32 of 305
[People v. Agacer, G.R. No. 177751 2. Extrajudicial Confession – It is not
(2011)]. voluntary confession because it was
made outside the court [People v.
2. Plea of Guilt Pardo, G.R. No. L-562 (1947)].
3. Plea of Guilt on Appeal – Plea must
Requisites [SOP]: be made at the first opportunity [People
1. Offender Spontaneously confessed his v. Hermino, G.R. No. 45466 (1937)].
guilt;
2. Confession of guilt was made in Open Plea to a Lesser Offense
court; and The accused may be allowed to plead guilty to
3. Confession of guilt was made Prior to a lesser offense which is necessarily included
the presentation of evidence [People v. in the offense charged, with the consent of the
Crisostomo, G.R. No. L-32243 (1988)]. offended party and prosecutor. This may be
done at arraignment or after withdrawing his
Legal Effects plea of not guilty [Sec. 2, Rule 116, ROC].
General Rule: While the plea of guilty is Physical Defects

mitigating, it is also considered an admission of
all material facts alleged in the information, Requisites:
including aggravating circumstances. The 1. The offender is:
admission covers both the crime and its a. Deaf and Dumb
attendant circumstances qualifying and/or b. Blind, or
aggravating [People v. Jose, G.R. No. L-28232 c. Otherwise suffering from some
(1971)]. physical defect which thus
restricts his means of:
Exception: Plea of guilty cannot be held to i. Action
include treachery and evident premeditation ii. Defense, or
where the evidence adduced does not iii. Communication with
adequately disclose its existence [People v. his fellow beings
Gravino, G.R. No. L-31327-29 (1983)]. 2. Physical defect must have a Relation to
the commission of the crime [REYES,
When Mitigating Book 1]
1. Change of plea if made at the first
opportunity when his arraignment was Note: Illness must only diminish and not
first set [People v. Hermino, G.R. No. deprive the offender of the consciousness of
45466 (1937)]. his acts. Otherwise, he will be exempted from
2. Withdrawal of plea of not guilty before criminal liability [People v. Javier, G.R. No.
presentation of evidence by 130654 (1999)].
prosecution [People v. Kayanan, G.R.
No. L-30355 (1978)]. Illness
3. A plea of guilty on an amended
information will be considered as an Requisites [DWP-DC]:
attenuating circumstance if no 1. Illness of the offender must Diminish
evidence was presented in connection the exercise of his Will-Power.
with the charges made therein [People 2. Illness should Not Deprive the offender
v. Ortiz, G.R. No. L-19585 (1965)]. of Consciousness of his acts [People v.
Javier, G.R. No. 130654 (1999)].
When Not Mitigating
1. Conditional plea of guilty – It is when
an accused admits his guilt provided
that a certain penalty be imposed upon
him [People v. Moro Sabilul, G.R. No.
L-3765 (1951)].
Page 33 of 305
Illness v. Insanity How Mitigating Exempting
Illness Insanity Apprecia- circumstance circumstance
[Art. 13 (9)] [Art. 12 (1)] ted
Definition Refers only Insanity is a
to diseases “manifestation Analogous Mitigating Circumstances
of in language or
pathological conduct, of Any other circumstance of similar nature and
state that disease or analogous to the nine mitigating circumstances
trouble the defect of the enumerated in Art. 13 may be mitigating.
conscience brain, or a
or will. more or less Examples:
permanently 1. Stealing because of extreme poverty is
diseased or considered as analogous to incomplete
disordered state of necessity [People v. Macbul,
condition of G.R. No. 48976 (1943)].
the mentality, 2. Over 60 years old with failing sight is
functional or considered as analogous to over 70
organic, and years of age mentioned in par. 2
characterized [People v. Reantillo, G.R. No L-45685
by perversion, (1938)].
inhibition, or 3. Voluntary restitution of stolen goods is
by disordered considered as analogous to voluntary
function of the surrender [People v. Luntao, 50 O.G.
sensory or of 1182].
the intellective 4. Impulse of jealous feelings is
faculties, or by considered as analogous to passion
impaired or and obfuscation [People v. Libria, G.R.
disordered No. L-6585 (1954)].
volition” 5. Testifying for the prosecution, without
[People v. previous discharge is considered as
Dungo, G.R. analogous to a plea of guilty [People v.
No. 89420 Navasca, G.R. No. L-29107 (1977)].
(1991)]. 6. Voluntarily taking a stolen cow back to
As to Diminution of Complete the authorities to save them the time
Effect intelligence. deprivation of and effort of looking for the cow is
intelligence considered as analogous to voluntary
[People v. surrender [Canta v. People, G.R. No.
Ambal, G.R. 140937 (2001)].
No. 52688
(1980); People d. Aggravating Circumstances
v. Renegado,
G.R. No. L- KINDS OF AGGRAVATING
27031 (1974); CIRCUMSTANCES
People v. a. Generic
Cruz, 109 Phil. Those that can generally apply to all crimes.
288, 292; Nos. 1, 2, 3 (dwelling), 4, 5, 6, 9, 10, 14, 18,
People v. 19, and 20 except “by means of motor
Puno y vehicles”. A generic aggravating
Filomeno, circumstance may be offset by a generic
G.R. No. L- mitigating circumstance.
33211 (1981)]. b. Specific
Those that apply only to particular crimes.
Nos. 3 (except dwelling), 15, 16, 17 and 21.
Page 34 of 305
c. Qualifying
Generic Specific Qualifying
Those that change the nature of the crime
(i.e. Art. 248 enumerate the qualifying AC As to the Nature of the Circumstance
which qualifies the killing of person to
murder). If two or more possible qualifying It is not an It is not an Circumstance
circumstances were alleged and proven, ingredient ingredient affects the
only one would qualify the offense and the of the of the nature of the
others would be generic aggravating. crime. It crime. It crime itself such
only affects only affects that the
Examples of qualifying aggravating the penalty the penalty offender shall
circumstances: to be to be be liable for a
i. Circumstance of treachery or evident imposed. imposed. more serious
premeditation qualifies the killing of a crime.
person to murder [Art. 248].
ii. Circumstances of grave abuse of Circumstance is
confidence and calamity qualifies the actually an
crime of theft to qualified theft [Art. ingredient of the
310]. crime.
iii. Circumstances of minority or taking
advantage of public office qualifies As to being offset
the crime of simple seduction to
qualified seduction [Art. 337]. Can be Can be Cannot be
offset by an offset by offset by any
Generic v. Specific v. Qualifying [REYES, ordinary ordinary mitigating
Book 1] mitigating mitigating circumstance.
circum- circum-
Generic Specific Qualifying stance. stance.
As to Penalty Imposed
d. Inherent
Increases Increases It places the Those that are already elements of the felony
the penalty the penalty author of the and are thus no longer considered against the
to the to the crime in such a offender in the determination of the felony.
maximum maximum situation as to [Boado Comprehensive Reviewer, p. 55]
period. period. deserve another
penalty, as e. Special
specially Those which arise under special conditions to
prescribed by increase the penalty of the offense and cannot
law. be offset by mitigating circumstances:
i. Quasi-recidivism [Art. 160]
As to Applicability ii. Complex crimes [Art. 48]
iii. Error in personae [Art. 49]
Applicable Applicable Applicable only
iv. Taking advantage of public position
to all to to relevant
[Art. 171]
crimes. particular provisions
v. Membership in an
crimes. where such
organized/syndicated crime group [Art.
circumstances
62]
were specified
vi. Certain Circumstances in relation to
(e.g., Art. 248-
Arson [Sec. 4, P.D. 1613]
Murder).
Penalty Not Increased Despite Presence of
Aggravating Circumstances:
1. Aggravating circumstances which are
included by the law in defining a crime
Page 35 of 305
and prescribing the penalty [Art. 62, Aggravating Circumstances which Depend
par. 1]. on the Knowledge for their Application
2. Aggravating circumstances inherent in The following circumstances shall serve to
the crime to such a degree that it must aggravate the liability of only the persons who
of necessity accompany the had knowledge of them at the time of the
commission thereof [Art. 62, par. 2]. execution of the act or their cooperation
therein:
Aggravating Circumstances Personal to 1. Circumstances related to the material
Offenders execution of the act; and
Aggravating circumstances which arise from: 2. Circumstances related to the means
1. Moral attributes of offender (evident employed to accomplish it (e.g.,
premeditation); nighttime) [Art. 62, par. 4]
2. His private relations with offended
party (consanguinity and affinity); and Aggravating/Qualifying Circumstance Must
3. Any other personal cause (recidivism). be Alleged in the Information
Every Complaint or Information must state the
Effect: Above circumstances shall only serve qualifying and aggravating circumstances
to aggravate the liability of the principals, [Sec. 8, Rule 110, Revised Rules of Criminal
accomplices, and accessories as to whom Procedure]. If not alleged, they may still be
such circumstances apply [Art. 62, par. 3]. considered in the award for damages [People
v. Evina, G.R. Nos. 12430-31 (2003)].
Requisites of Aggravating Circumstances [PuCoRDAOP NiCARHAP IECSTIU BUMOC]

Aggravating Circumstance Requisites Basis
Par. 1. Taking advantage of [PIPAM] Personal

Public office 1. Offender is a Public Officer circumstance of the
2. Such officer used the Influence, offender and the
Prestige or Ascendancy which his office means to secure the
gives him commission of the
3. The same was used as Means by which crime
he realizes his purpose.
Par. 2. In Contempt of or with [ENOKP] Lack of respect for

insult to public authorities 1. Public authority is Engaged in the the public authorities
exercise of his functions.
2. Public authority is Not the person
against whom the crime is committed.
3. Offender Knows him to be a public
authority.
4. His Presence has not prevented the
offender from committing the criminal
act.
Par. 3. With insult or lack of [RASD] Personal

regard due to offended party 1. Insult or disregard was made on circumstances of the
by reason of Rank, age, or account of: offended party
sex a. Rank – designation or title used to
fix the relative position of the
offended party in reference to
others. There must be a difference
in the social condition of the
offender and offended party
Page 36 of 305
b. Age - May refer to old age or

tender age of the victim.
c. Sex - Refers to the female sex
[(People v. Inggo, G.R. No. 140872
(2003)]
2. Such insult or disregard was
Deliberately intended.
Par. 3. Dwelling [BS(ReCo) + NP] Place of the

1. Act was committed in the dwelling, commission of the
which may pertain to a: crime
a. Building; or
b. Structure, which is
c. Exclusively used for Rest and
Comfort.
Offended party must Not give Provocation.
Par. 4. Abuse of confidence [TAF] Means and ways

1. Offended party had Trusted the employed in
offender. commission of the
2. Offender Abused such trust by crime
committing a crime against the offended
party.
The abuse of confidence Facilitated the
commission of the crime.
Par. 4. Obvious [TAU] Means and ways

ungratefulness 1. Offended party Trusted the offender; employed in
2. Offender Abused such trust; and commission of the
Act was committed with obvious crime
Ungratefulness.
Par. 5. In the palace of the Crime was committed: [PalPreDRW] Place of the
Chief Executive or in his 1. In the Palace of the Chief Executive, or commission of the
presence, or where public 2. In his Presence, or crime
authorities are engaged in 3. Where public authorities are engaged in
the discharge of their duties, the Discharge of their duties, or
or in a Place dedicated to In a place dedicated to Religious Worship
religious worship
Par. 6. Nighttime, Circumstances of nighttime, uninhabited Time, place, and

uninhabited place, by a band place or band: [FES] means of the
1. Facilitated the commission of the crime; commission of the
[REYES, Book 1, p. 364]; and crime
Was Especially Sought for by the offender
to insure the commission of the crime or for
the purpose of impunity [People v. Pardo,
G.R. No. L-562 (1947)].
Page 37 of 305
Par. 7. On occasion of a The offender must take advantage of the Time and place of
Calamity calamity or misfortune the commission of
the crime
Par. 8. Aid of Armed men or [ArMC AAA] Means and ways

means to ensure impunity 1. That the armed men or persons took employed in
part in the Commission of the crime, commission of the
directly or indirectly; and crime
Accused Availed himself of their Aid or
relied upon them when the crime was
committed.
Par. 9. Recidivism [TPCSC] Inclination to commit

1. Offender is on Trial for an offense; crime
2. He was Previously Convicted by final
judgment of another crime;
3. That both the 1st and 2nd offenses are
embraced in the Same title of the Code;
and
4. Offender is Convicted of the new
offense.
Par. 10. Reiteracion or [TP-SEG2-C] Inclination to commit

Habituality 1. Accused is on Trial for an offense; crime
2. He Previously Served sentence for
another offense to which the law
attaches:
a. an equal or greater penalty, or
b. For 2 or more crimes to which it
attaches lighter penalty than that
for the new offense; and
3. That he is Convicted of the new offense.
Par. 11. Price, reward, or [TOAI] Motivating power

promise 1. There must be Two or more principals
a. One who gives or Offers price or
promise
b. One who Accepts it
2. Price, reward, or promise must be for
the purpose of Inducing another to
perform the deed.
The price, reward or promise need not:

[MAD]
1. Consist of or refer to Material things; or
Be Actually Delivered; it being sufficient
that the offer made by the principal by
inducement was accepted by the principal
by direct participation before the
commission of the offense.
Page 38 of 305
Par. 12. Inundation, fire, Crime was committed by means of: Means and ways
poison, explosion, etc. [IFPESIDO] employed in
1. Inundation commission of the
2. Fire crime
3. Poison
4. Explosion
5. Stranding of a vessel
6. Intentional damage to a vessel
7. Derailment of a locomotive
Any Other artifice involving great waste and
ruin
Par. 13. Evident Prosecution must prove: [TAL] Means and ways
premeditation 1. Time when the offender determined to employed in
commit the crime; commission of the
2. An Act manifestly indicating that the crime
culprit has clung to his determination;
and
3. A sufficient Lapse of time between the
determination and execution, to allow him
to reflect upon the consequences of his act
and to allow his conscience to overcome
the resolution of his will.
Par. 14. Craft, fraud, or That the crime was committed by means Means and ways
disguise of: employed in
1. Craft: Intellectual trickery and cunning commission of the
on the part of the accused; crime
2. Fraud: Insidious words or machinations
used to induce the victim to act in a
manner which would enable the
offender to carry out his design; or
3. Disguise: Any device to conceal
identity
Par. 15. Superior strength or [NIP] Means and ways

means to weaken defense 1. There is a Notorious Inequality of forces employed in
between victim and aggressor. commission of the
Offender Purposely used excessive force crime
out of proportion to the means of defense
available to the persons attacked.
Par. 16. Alevosia (Treachery) [CAN] Means and ways

1. Offender Consciously Adopts particular employed in
means, methods, or forms tending commission of the
directly and specially to ensure the crime
execution of the crime.
The employment of such means gave the
offended party No opportunity to defend
himself or retaliate.
Page 39 of 305
Par. 17. Ignominy The means employed or the circumstances Means and ways
brought about must tend to make the employed in
effects of the crime more humiliating or to commission of the
put the offended party to shame. crime
Par. 18. Unlawful entry Entrance is effected by a way not intended Means and ways
for the purpose. employed in
commission of the
crime
Par. 19. Breaking wall, floor, [WaRFDWiE] Means and ways

roof 1. Breaking the Wall, Roof, Floor, Door, or employed in
Window is a means to the commission commission of the
of the crime; and crime
2. Breaking was used as a means to
effect Entrance and not merely for escape.
Par. 20. With aid of persons Commission of the crime is committed with Means and ways
Under 15 the aid of children under 15 years of age employed in
commission of the
crime
Repress practice of
criminals to avail of
minors and take
advantage of their
irresponsibility
Par. 20. By Motor vehicles, [MS-MC(GoCaF)] Means and ways

airships, or other similar 1. That any of the following was used: employed in
means a. Motorized vehicles; or commission of the
b. Other efficient means of crime
transportation Similar to
automobile or airplane. To counteract the
2. The same was used as Means of great facilities found
Committing the crime, such as by using by modern criminals
the same to: as means to commit
a. Go to the place of the crime crime, and flee and
b. Carry away the effects thereof; and abscond
c. Facilitate their escape
Par. 21. Cruelty [DIUE] Means and ways

1. Injury caused be was Deliberately employed in
Increased by causing other wrong; commission of the
2. Other wrong was Unnecessary for the crime
Execution of the purpose of the offender.
Page 40 of 305
Taking Advantage of Public Office Insult or Disregard of the Respect Due
the Offended Party on Account of His:
Kind: Generic & Special Aggravating (a) Rank; (b) Age; or (c) Sex, or that It Be
Circumstance [R.A. 7659] Committed in the Dwelling of the
Offended Party
Requisites [PIPAM]
1. Offender is a Public Officer These may be considered singly when their
2. Such officer used the Influence, elements are distinctly perceived and can
Prestige or Ascendancy which his subsist independently [People v. Santos, 91
office gives him Phil. 320, 327-328 (1952)].
3. The same was used as Means by
which he realizes his purpose. [U.S. v. 1. Insult or Disregard
Rodriguez, G.R. No. 6344 (1911)]
Kind: Specific Aggravating Circumstance
Test: “Did the accused abuse his office in order Specific to crimes against persons or honor
to commit the crime?” [U.S. v. Rodriguez, G.R.
[People v. Pagal, G.R. No. L-32040 (1977)].
No. 6344 (1911)]
Requisites: [RASD]
If the accused could have perpetrated the 1. Insult or disregard was made on
crime even without occupying his position,
account of:
there is no abuse of public position [People v. a. Rank – designation or title
Villamor, G.R. Nos. 140407-08 (2002)].
used to fix the relative position
of the offended party in
Contempt or Insult to Public Authorities reference to others. There
must be a difference in the
Kind: Generic Aggravating Circumstance social condition of the offender
and offended party
Requisites [ENOKP] b. Age - May refer to old age or
1. Public authority is Engaged in the tender age of the victim.
exercise of his functions c. Sex - Refers to the female sex
2. Public authority is Not the person [Art. 14 (3), RPC]
against whom the crime is committed 2. Such insult or disregard was
3. Offender Knows him to be a public Deliberately intended
authority
4. His Presence has not prevented the Deliberately Intended
offender from committing the criminal There must be evidence that in the commission
act. of the crime, the accused deliberately intended
to offend or insult the sex or age of the offended
Note: If the crime is committed against the party [People v. Mangsat, G.R. No. L-34675].
public authority while in the performance of his
duty, the offender commits direct assault Not Considered as Aggravating
instead [Art. 148, RPC]. Circumstance:
1. When the offender acted with passion
Effect of Failure to Allege Knowledge in and obfuscation [People v. Ibañez,
Information G.R. No. 197813].
Failure to expressly allege in the Information 2. When there exists a relationship
that the accused had the knowledge that the between the offended party and the
person attacked was a person in authority does offender [People v. Valencia, G.R. No.
not render the information defective so long as L-39864 (1993)].
there are facts therein from which it can be 3. When the condition of being a woman
implied that the accused knew that the person is indispensable in the commission of
attacked was a person in authority [People v. the crime (e.g., rape, abduction, or
Balbar, G.R. Nos. L-20216-17 (1967)]. seduction). [REYES, Book 1, p. 348]
Page 41 of 305
Guidelines to Prove Age Requisites [BS(ReCo) + NP]
1. The Court established the guidelines in 1. Act was committed in the dwelling,
appreciating age, either as an element which may pertain to a:
of the crime or as a qualifying a. Building; or
circumstance, as follows: b. Structure, which is
2. Best evidence - original or certified c. Exclusively used for Rest and
true copy of the certificate of live birth Comfort.
of such party. 2. Offended party must Not give
3. In the absence of a certificate of live Provocation.
birth, similar authentic documents
(e.g., baptismal certificate and school Dwelling
records which show the date of birth) Building or structure, exclusively used for rest
4. In the absence of the foregoing, and comfort. It is not necessary that the victim
testimony, if clear and credible, of the owns where she lives or dwells. A lessee,
victim's mother or a member of the boarder, or bedspacer can consider such place
family either by affinity or consanguinity as his home, the sanctity of which the law
who is qualified to testify on matters seeks to uphold [People v. Daniel, G.R. No. L-
respecting pedigree such as the exact 40330 (1978)].
age or date of birth of the offended
party pursuant to Section 40, Rule 130 Dwelling includes dependencies such as the
of the Rules on Evidence shall be foot of the staircase and enclosure under the
sufficient under the following house [U.S. v. Tapan, G.R. No. 6504 (1911)].
circumstances:
a. If the victim is alleged to be Dwelling cannot be appreciated as an
below 3 years of age and what aggravating circumstance when the rape is
is sought to be proved is that committed on the ground floor of a two-story
she is less than 7 years old; structure, the lower floor being used as a video
b. If the victim is alleged to be rental store and not as a private place of abode
below 7 years of age and what or residence [People v. Tao, G.R. No. 133872
is sought to be proved is that (2000)].
she is less than 12 years old;
c. If the victim is alleged to be Dwelling v. Domicile
below 12 years of age and what Dwelling should not be understood in the
is sought to be proved is that concept of a domicile. A person can have more
she is less than 18 years old. than one dwelling.
5. In the absence of the foregoing, the
complainant's testimony will suffice Considered as Aggravating
provided that it is expressly and clearly Circumstances:
admitted by the accused. 1. Even without entry to dwelling - it is
enough that the victim was attacked
Note: It is the prosecution that has the burden inside his own house [People v.
of proving the age of the offended party. The Ompaid, G.R. No. L-23513 (1969)].
failure of the accused to object to the 2. When crime was committed outside
testimonial evidence regarding age shall not be the dwelling - Dwelling is still
taken against him [People v. Arpon, G.R. No. aggravating if the commission of the
183563 (2011)]. crime began inside the dwelling [U.S. v.
Lastimosa, G.R. No. 9178 (1914)].
2. Act Committed in Dwelling
Not Considered as an Aggravating
Kind: Generic Aggravating Circumstance Circumstance:
1. When both offender and offended party
are occupants of the same house [U.S.
v. Rodriguez, supra], and this is true
Page 42 of 305
even if the offender is a servant of the Engaged in the Discharge of their
house [People v. Caliso, supra]. Duties, or In A Place Dedicated to
2. When the owner of the dwelling gave Religious Worship
sufficient and immediate provocation
[People v. Molina y Flores, G.R. No. Kind: Generic Aggravating Circumstance
129051 (1999)].
Four (4) Circumstances Contemplated
Crimes where Dwelling is Inherent: Crime was committed: [PalPreDRW]
1. Trespass to Dwelling [Art. 280, RPC] 1. In the Palace of the Chief Executive, or
2. Robbery with force upon things [Art. 2. In his Presence, or
299, RPC] 3. Where public authorities are engaged
in the Discharge of their duties, or
Abuse of Confidence or Obvious 4. In a place dedicated to Religious
Ungratefulness Worship.
Kind: Generic Aggravating Circumstance Note: Offender must have the intention to
commit a crime when he entered the place
1. Abuse of Confidence [People v. Jaurigue, C.A. No. 384 (1946)].
Requisites: [TAF] Where public authorities are engaged in the

1. Offended party Trusted the offender discharge of their duties (Par. 5) v.
2. Offender Abused such trust Contempt or insult to public authorities
3. Abuse of confidence Facilitated the (Par. 2)
commission of the crime Public Contempt or
Authorities Insult to
Confidence Engaged in Public
Confidence between the offender and the Discharge Authorities
offended party must be immediate and of Duties (Par. 2)
personal. If two persons just met for the first (Par. 5)
time, there can be no personal or immediate Public authorities are
relationship upon which confidence might rest engaged in the performance
between them [People v. Mandolado, G.R. No. of their duties.
L-51304-05 (1983)]. As to Acts Crime was Crime was
Punished committed in committed in
Abuse Confidence is an Inherent a place the presence
Circumstance of: where public of a public
1. Qualified seduction [Art. 337, RPC] authorities authority
2. Qualified theft [Art. 310, RPC] are engaged engaged in
3. Estafa by conversion or in the the
misappropriation [Art. 315, RPC] discharge of performance
4. Malversation [Art. 217, RPC] their duties. of his
function,
2. Obvious Ungratefulness regardless of
the place.
Requisites: [TAU] As to Offended Public
1. Offended party Trusted the offender Offended party may or authority
2. Offender Abused such trust Party may not be should not be
3. Act was committed with obvious the public the offended
Ungratefulness authority. party.
Crime was Committed in the Palace of

the Chief Executive or In His Presence,
or Where Public Authorities are
Page 43 of 305
Crime was Committed (1) in the Night to insure the execution of the crime [People v.
Time, or (2) in an Uninhabited Place, or Ong, G.R. No. 34497 (1975)].
(3) by a Band, Whenever Such
Circumstances May Facilitate the Exception: Where both the treacherous mode
of attack and nocturnity were deliberately
Commission of the Offense
chosen upon the same case. Both may be
perceived distinct from one another [People v.
Kind: Generic Aggravating Circumstance
Berdida, G.R. No. L-20183 (1966)].
Requisites:
Well-lit place
Circumstances of nighttime, uninhabited place
When the place is illuminated by light,
or band: [FES]
nighttime is not aggravating [People v. Bato,
1. Facilitated the commission of the
G.R. No. L-23405 (1967)].
crime;
2. Was Especially Sought for by the
2. Uninhabited Place
offender to insure the commission of
the crime or for the purpose of impunity
It is determined not by the distance of the
[People v. Pardo, G.R. No. L-562
nearest house to the scene of the crime but
(1947)].
whether or not in the place of the commission
of the offense, there was a reasonable
Can be Considered Separately
possibility of the victim receiving some
General Rule: If they concur in the
help [People v. Desalisa, G.R. No. 95262
commission of the crime, they are considered
(1994)].
as one aggravating circumstance.
Solitude must be sought to better attain the
Exception: When the following are present:
criminal purpose [People v. Aguinaldo, G.R.
1. When their elements are distinctly
No. 33843 (1931)].
perceived
2. When they can subsist independently.
When the place of crime could be seen and the
3. When it reveals a greater degree of
voice of the victim could be heard from a
perversity [People v. Santos, G.R. No.
nearby house, the place of the crime is not
L41-89 (1952)].
“uninhabited” [People v. Laoto, G.R. No. 1928
(1928)].
1. Nighttime (Nocturnidad)
3. Band (Cuadrilla)
The commission of the crime must begin and
be accomplished in the nighttime (after sunset
It is necessary that there be more than three
and before sunrise, cf. Art. 13, Civil Code).
armed malefactors acting together in the
commission of the offense [Art. 14(6); People
v. Atencio, G.R. No. L-22518 (1968)].
TWO (2) TESTS FOR NOCTURNITY
This aggravating circumstance requires that
1. Objective test – nighttime is aggravating
there should be at least four persons who
because the darkness facilitated the
commit the crime, all of whom should be
commission of the offense [People v. Pardo,
armed. Even if there are four offenders, but
G.R. No. L-562 (1947)]; and
only three or less are armed, it is not a band.
2. Subjective test – nighttime is aggravating
Here, there is no evidence that all four accused
because the darkness was purposely
were armed at the time of the perpetration of
sought by the offender [People v. Ventura,
the crime. Hence, this circumstance cannot be
supra].
appreciated against the appellants [People v.
Solamillo, G.R. No. 123161 (2003)].
Nighttime and Treachery
General Rule: Nighttime is absorbed in
If only two of the accused carried firearms, en
treachery if it is part of the treacherous means
cuadrilla cannot be appreciated as aggravating
Page 44 of 305
circumstances [People v. Oco, G.R. Nos. Requisites: [ArMAAA]
137370-71 (2003)]. 1. Armed men or persons took part in the
commission of the crime, directly or
Requisites: indirectly; and
1. More than three malefactors 2. Accused Availed himself of their Aid or
2. All of them should be armed [People v. relied upon them while the crime was
Solamillo, supra; People v. Oco, supra] committed.
3. Malefactors acted together in the
commission of the offense Armed Men
Persons equipped with weapons. It also covers
Abuse of superior strength and use of firearms armed women [People v. Licop, G.R. No.
are absorbed by the aggravating circumstance L06061 (1954)].
of by a band [People v. Escabarte, G.R. No. L-
42964 (1988)]. Not Considered as an Aggravating
Circumstance:
Not Considered as Aggravating 1. When both the attacking party and the
Circumstance in Brigandage party attacked were equally armed.
Brigandage is committed by more than three [Albert]
armed persons forming a band of robbers [Art. 2. When the accused as well as those
306, RPC]. Thus, that the crime was committed who cooperated with him in the
by a band is inherent in the definition of the commission of the crime acted under
crime and is not aggravating [Reyes, Book 1, the same plan and for the same
p. 374]. purpose [People v. Piring, G.R. No.
45053 (1936)].
On the Occasion of a Conflagration, 3. Casual presence, or when the offender
Shipwreck, Earthquake, Epidemic or did not avail himself of their aid nor
Other Calamity or Misfortune knowingly count upon their assistance
in the commission of the crime [U.S. v.
Kind: Generic Aggravating Circumstance Abaigar, G.R. No. 1255 (1903)].
Rationale: The debased form of criminality of By a Band (Par. 6) v. Aid of Armed Men (Par.
one who, in the midst of a great calamity, 8)
instead of lending aid to the afflicted, adds to By a Band With Aid of
their suffering by taking advantage of their (Par. 6) Armed Men
misfortune and despoiling them [U.S. v. (Par. 8)
Rodriguez, G.R. No. 6344 (1911)]. As to Requires At least 2
Number of more than 3 armed men
Requisite Malefactors armed
Offender must take advantage of the calamity malefactors
or misfortune. (at least 4)
As to Band Armed men
“Or Other Calamity or Misfortune” Degree of members are mere
Refers to other conditions of distress similar to Participation are all accomplices
“conflagration, shipwreck, earthquake or principals [REYES,
epidemic.” [REYES, Book 1, p.
Book 1, p. 376]
Aid of Armed Men or Persons Who 372]
Insure or Afford Impunity
Recidivism
Page 45 of 305
Requisites [TPCSC] before the commission of the offense
1. Offender is on Trial for an offense; [REGALADO, pp. 100-101].
2. He was Previously Convicted by final
judgment of another crime; When this circumstance is present, it affects
3. Both the first and second offenses are not only the person who received the price or
embraced in the Same title of the Code; reward, but also the person who gave it
4. Offender is Convicted of the new [REYES, Book 1].
offense.
Voluntarily giving such price or reward without
See Recidivism under Multiple Offenders for previous promise, as an expression of
detailed discussion appreciation for the sympathy and aid, is not
taken into consideration to increase the penalty
Reiteracion [U.S. v. Flores, G.R. No. 9008 (1914)].
Kind: Generic Aggravating Circumstance Committed by Means of Inundation,

Fire, Poison, Explosion, Stranding of a
Requisites: [TP-SEG2-C] Vessel or Intentional Damage Thereto,
1. Offender is on Trial for an offense. Derailment of a Locomotive, or By the
2. He was Previously Served sentence Use of Any Other Artifice Involving
for:
Great Waste and Ruin
a. Another offense of Equal or
Greater penalty than the new
offense; or
b. 2 or more crimes of lighter
Requisites: [IFPESIDO]
penalty
Crime was committed by means of:
1. Inundation
offense.
2. Fire
3. Poison
See Reiteracion under Multiple Offenders for
4. Explosion
detailed discussion.
5. Stranding of a vessel
6. Intentional damage to a vessel
In Consideration of a Price, Reward, or 7. Derailment of a locomotive
Promise 8. Any Other artifice involving great waste
and ruin
Use of Fire as to Arson and Murder
Requisites: [TOAI] 1. If intent is to kill – crime is murder and
1. There must be Two or more principals: fire is considered as a qualifying
a. One who gives or Offers price circumstance, even if the house is
or promise; and burned in the process [Art. 248, RPC].
b. One who Accepts it [REYES, 2. If the intent is to destroy property –
Book 1]. crime is arson even if someone dies as
2. Price, reward, or promise must be for consequence [People v. Paterno, et al.,
the purpose of Inducing another to G.R. No. L-2665 (1950)].
perform the deed [REYES, Book 1].
Evident Premeditation
The price, reward or promise need not: [MAD]
1. Consist of or refer to Material things; or Kind: Generic Aggravating Circumstance
2. Be Actually Delivered; it being
sufficient that the offer made by the Requisites [TAL]
principal by inducement was accepted The prosecution must prove:
by the principal by direct participation 1. The Time when the offender
determined to commit the crime;
Page 46 of 305
2. An Act manifestly indicating that the ● Conspiracy presupposes
culprit has clung to his determination; premeditation [U.S. v. Cornejo, G.R.
and No. 9773 (1914)] Exception: When
3. Sufficient Lapse of time between the conspiracy is merely implied [People v.
determination and execution, to allow Upao Moro, G.R. No. L-6771 (1957)].
him to reflect upon the consequences ● It is not necessary that the accused
of his act and to allow his conscience premeditated the killing of a
to overcome the resolution of his will particular individual. If the offender
[People v. Raquipo, G.R. No. 90766 premeditated the killing of any person
(1990)]. (general attack), it is proper to consider
it as an aggravating circumstance
Evident premeditation must be based on because whoever was killed was
external facts which are evident, not merely contemplated in the premeditation
suspected, which indicate deliberate planning [U.S. v. Manalinde, G.R. No. L-5292
[People v. Abadies, G.R. No. 135975 (2002)]. (1909)].
There must be direct evidence showing a plan NOT CONSIDERED AS AGGRAVATING

or preparation to kill, or proof that the accused CIRCUMSTANCE:
meditated and reflected upon his decision to kill 1. Anger or Grudge - The mere existence of
the victim. Criminal intent must be evidenced ill-feeling or grudge between the parties is
by notorious outward acts evidencing a not sufficient to establish premeditated
determination to commit the crime. In order to killing. There must be an outward act
be considered an aggravation of the offense, showing or manifesting criminal intent
the circumstance must not merely be [People v. Bernal, G.R. No. 113685
"premeditation" but must be "evident (2002)].
premeditation" [People v. Abadies, G.R. No.
135975 (2002)]. 2. Crimes Where Premeditation is
Inherent:
Essence of premeditation a. Preconceived act – where the
1. An opportunity to coolly and serenely accused would execute the
think and deliberate preconceived act only after having
a. On the meaning; and thought out the method by which he
b. Consequences of what he intends to accomplish it (e.g. arson,
planned to do. theft, estafa, etc.) [People v. Cu, G.R.
2. An interval long enough for his No. L-13413 (1977)].
conscience and better judgment to b. Robbery; except in robbery with
overcome his evil desire and scheme homicide if the premeditation includes
[People v. Durante, G.R. No. L-31101 the killing of the victim [People v.
(1929)]. Valeriano, G.R. No. L-2159 (1951)].
c. Treason [People v. Racaza, G.R. No.
Note: L-365 (1942)]
● Premeditation must be based upon
external facts, and must be evident, 3. Error in personae – Premeditation is not
not merely suspected indicating aggravating when there is a mistake of
deliberate planning [People v. Mariano, identity as the victim is not the object of
G.R. No. 134847 (2000)]. premeditation [People v. Dueño, G.R. No.
● The date and time when the offender L-31102 (1979)].
determined to commit the crime is
essential, because the lapse of time 4. Aberratio ictus – When the victim is
for the purpose of the third requisite is different from that intended, premeditation
computed from that date and time is not aggravating [People v. Hilario, et al.,
[Rabor v. People, G.R. No. 140344 G.R. No. 128083 (2001)].
(2000)].
Page 47 of 305
Craft, Fraud, or Disguise was Employed Not Considered as an Aggravating
Circumstance
Kind: Generic Aggravating Circumstance 1. Qualified theft [Art. 310, RPC] – Craft
is an element of qualified theft [People
CRIME WAS COMMITTED BY MEANS OF: v. Tiongson, C.A., 59 O.G. 4521; cited
1. Craft - It is chicanery resorted to by the in REYES, Book 1].
accused to aid in the execution of his 2. Crimes where Fraud is inherent:
criminal design [People v. Zea, G.R. No. L- a. Preventing the meeting of
23109 (1984)]. Congress and similar bodies [Art.
2. Fraud - When there is a direct inducement 143, RPC]
by insidious words or machinations, fraud is b. Violation of parliamentary
present [People v. Labuguen, G.R. No. immunity [Art. 145, RPC]
127849 (2000)]. c. Crimes against public interest
3. Disguise - When one uses some device to under Chapter Three
prevent recognition [People v. Bermas, G.R. d. Crimes committed by public
Nos. 76416 & 94312 (1999)]. officers under Chapter Three
e. Execution of deeds by means of
TEST: Whether the device or contrivance violence or intimidation [Art. 298,
was intended to or did make identification RPC]
more difficult, such as the use of a mask, f. Crimes against property under
false hair or beard [People v. Reyes, G.R. Chapters 5 and 6
No. 118649 (1998)]. g. Marriage contracted against the
provisions of the law [Art. 350,
If Disguise was Ineffective RPC]
When in spite of the use of disguise, the h. Rape through fraudulent
culprits were recognized by the victim, machination [Art. 266-A (1)(c),
disguise is not considered as an RPC]
aggravating circumstance [People v.
Sonsona, G.R. No. L-8966 (1956)]. Taking Advantage of Superior Strength;
or Means were Employed to Weaken the
Craft v. Fraud v. Disguise Defense
Craft Fraud Disguise
Kind: Specific Aggravating Circumstance
As to Purpose 1. Advantage of Superior Strength
Done in Done to induce Done to To use purposely excessive force out of

order to not someone through conceal proportion to the means of defense available to
arouse insidious words identity the person attacked [People v. Martinez, G.R.
suspicion and No. L-31755 (1980)].
machinations
Requisites: [NIP]
Craft and Fraud absorbed in Treachery 1. There is a Notorious Inequality of
Craft and fraud may be absorbed in treachery forces between victim and aggressor
if they have been deliberately adopted as the [People v. Barcelon, G.R. No. 144308
means, methods or forms for the treacherous (2002)].
strategy. Otherwise, they may co-exist 2. Offender Purposely used excessive
independently where they are adopted for a force out of proportion to the means of
different purpose in the commission of the defense available to the persons
crime [People v. Lab-eo, supra]. attacked [People v. Sansaet, G.R. No.
139330 (2002)].
Page 48 of 305
Considerations in Determining Abuse of party [People v. Ducusin, G.R. No. 30724
Superior Strength (1929)].
1. Age;
2. Size; and Where one, struggling with another, suddenly
3. Strength of the parties [People v. throws a cloak over the head of his opponent,
Cabato, G.R. No. L-37400 (1988)] and, while in this situation, wounds or kills him
employs means to weaken the defense [U.S. v.
The means used must not totally eliminate Devela, G.R. No. 1542 (1904)].
possible defense of the victim, otherwise it will
fall under treachery. This aggravating circumstance is appreciated
where the accused intentionally intoxicated the
Not Considered as an Aggravating victim [People v. Ducusin, supra].
Circumstance:
1. When one who attacks is overcome Treachery (Alevosia)
with passion and obfuscation [REYES,
Book 1] Kind: Specific Aggravating Circumstance;
2. When quarrel arose unexpectedly Specific to crimes against persons
[U.S. v. Badines, G.R. No. 1951
(1905)] Requisites: [CAN]
3. When treachery is present, superior 1. Offender Consciously Adopts
strength is absorbed. [People v. Mobe, particular means, methods, or forms
G.R. No. L-1292 (1948)] tending directly and specially to ensure
4. Crimes where Abuse of Superior the execution of the crime.
Strength is Inherent: 2. The employment of such means gave
a. Parricide [People v. Galapia, the offended party No opportunity to
G.R. Nos. L-39303-05 (1978)] defend himself or retaliate [Art. 14, par.
b. Rape [People v. de Leon, G.R. 16, RPC].
No. 128436 (1999)]
The essence of treachery is that by virtue of the
Note: For superior strength to aggravate a means, method or form employed by the
crime, it must be clearly shown that there was offender, the offended party was not able to
deliberate intent to take advantage of it. The put up any defense [People v. Tiozon, G.R.
mere fact that the accused were superior in No. 89823 (1991)].
number is not sufficient to consider the use of
superior strength [People v. Martinez, supra]. Appreciation of Treachery Does Not
Depend on the Results
By a Band v. Abuse of Superior Strength The treacherous character of the means
By a band Abuse of superior employed in the aggression does not depend
strength upon the result thereof but upon the means
itself. Thus, frustrated murder could be
When the offense is The gravamen of aggravated by treachery [People v. Parana,
committed by more abuse of superiority G.R. No. 45373 (1937)].
than 3 armed is the taking
malefactors advantage by the Sudden Attack
regardless of the culprits of their The mode of attack must be consciously
comparative collective strength to adopted. The accused must make some
strength of the overpower their preparation to kill the deceased in such a
victim. weaker victims. manner as to insure the execution of the crime
or to make it impossible or hard for the person
attacked to defend himself or retaliate [People
2. Means Employed to Weaken Defense v. Tumaob, G.R. Mo. 125690 (1998)].
The offender employs means that materially

weakens the resisting power of the offended
Page 49 of 305
Treachery may still be appreciated even when the victim’s helpless position was accidental
the victim was forewarned of danger to his [People v. Lubreo, G.R. No. 74146 (1991)].
person. What is decisive is that the execution
of the attack made it impossible for the victim Conspiracy
to defend himself or to retaliate [People v. When there is conspiracy in the commission of
Malejana, G.R. No. 145002 (2006)]. a crime, treachery can be appreciated against
all conspirators [People v. Ong, G.R. No. L-
Hence, a sudden attack by the assailant, 34497 (1975)].
whether frontally or from behind, is treachery if
he deliberately adopted such mode of attack No Aggravating Circumstance:
with the purpose of depriving the victim of a 1. When the offended party was able to
chance to either fight or retreat [People v. put up a defense [People v. Butler,
Labeo, supra]. G.R. No. L-50276 (1983)].
2. When the victim's helpless position
In a 2019 decision penned by J. Zalameda, the was accidental [People v. Cadag, G.R.
Court emphasized that the mere suddenness No. L-13830 (1961)].
of an attack does not necessarily equate to 3. When there was no other witness to the
treachery. Even though the victim may have offense or when such witness could not
been unarmed and was stabbed at the provide full details of the attack.
doorstep, that it was done in broad daylight, in [People v. Tiozon, G.R. No. 89823
a house shared with other tenants, and within (1991)].
the immediate view and proximity of the 4. Crimes where treachery is inherent:
witness, negates that the attack was done a. Murder by poisoning [People v.
deliberately to ensure the victim would not be Caliso, G.R. No. L-37271
able to defend himself, or to retreat, or even to (1933)]
seek help from others [People v. Dela Cruz, b. Treason [People v. Racaza,
G.R. No. 227997 (2019)]. supra]
Example of Frontal Attack: There is Treachery Absorbs the Following

treachery when the victim is shot, albeit Aggravating Circumstances: [CANAMBES]
frontally, with his hands raised to show that he 1. Craft [People v. Malig, G.R. No. L-2083
would not fight, or because of fright, or to try to (1949)]
ward off the shots that were to come [People v. 2. Abuse of superior strength [People v.
Dulos, G.R. No. 107328 (1994)]. Siaotong, G.R. No. L-9242 (1957)]
3. Nighttime [People v. Corpuz &
CONTINUOUS AND NON-CONTINUOUS Serquiña, G.R. No. L-12718 (1960)]
AGGRESSION 4. Aid of Armed Men [People v. Siaotong,
1. When aggression is continuous – supra]
treachery must be present in the 5. Band [People v. Ampo-an, G.R. No.
beginning of the assault. [U.S. v. 75366 (1990)]
Balagtas, G.R. No. 6432 (1911)] 6. Employing means to weaken the
2. When aggression was not continuous – defense [People v. Siaotong, supra]
in that there was an interruption, it is 7. Disregard of Sex [People v. Clementer,
sufficient that treachery was present at the G.R. No. L-33490 (1974)]
moment the fatal blow was given [U.S.
v. Baluyot, G.R. No. 14476 (1919)]. Treachery v. Evident Premeditation
Treachery Evident
Degree of Proof Premeditation
Treachery cannot be presumed. The As to Swiftness and Cool thought
suddenness of the attack does not, of itself, essen- unexpectedness and reflection
suffice to support a finding of alevosia, so long ce of the attack
as the decision was made all of a sudden and upon the
unsuspecting
Page 50 of 305
and unarmed Unlawful Entry
victim who does
not give the Kind: Generic Aggravating Circumstance
slightest
provocation Unlawful Entry
[People v. Rebamontan, G.R. No. 125318 There is unlawful entry when an entrance is
(1999)] effected by a way not intended for that purpose
[Art. 14 (18), RPC].
Ignominy
Inherent in the Following Crimes:
Kind: Specific Aggravating Circumstance; 1. Trespass to dwelling under Art. 280
Specific to the following [C MaRia CLaRa] [REYES, Book 1]
1. Coercion (light or grave) [People v. 2. Robbery with force upon things under
Cantong, C.A., 50 O.G. 5899] Art. 299(a) and Art. 302 [REYES, Book
2. Murder [U.S. v. de Leon, G.R. No. 522 1]
(1902)]
3. Wanton Robbery for personal gain Effect if Dwelling and Unlawful Entry are
[People v. Racaza, supra] Both Present
4. Crimes against Chastity Dwelling and unlawful entry are taken
5. Less serious physical injuries [Art. 265, separately in murders committed in a dwelling
RPC] [People v. Barruga, G.R. No. 42744 (1935)].
6. Rape
a. As a Means to the Commission of
Ignominy the Crime, a Wall, Roof, Floor, Door, or
It is a circumstance pertaining to the moral Window Be Broken
order, which adds disgrace to the material
injury caused by the crime [People v. Acaya, Kind: Generic Aggravating Circumstance
G.R. No. L-72998 (1988)].
Requisites: [WaRFDWiE]
When Appreciated 1. Any of the following be broken:
Ignominy is appreciated when the offense is a. Wall
committed in a manner that tends to make its b. Roof
effect more humiliating, adding to the victim’s c. Floor
moral suffering. Thus, where the victim was d. Door
already dead when his body or a part thereof e. Window
was dismembered, ignominy cannot be taken 2. Breaking was used as a means to
against the accused [People v. Cachola, G.R. effect Entrance and not merely for
No. 135047 (2004)]. escape.
Examples: Unlawful Entry v. Breaking

1. Raping a woman from behind. It is Unlawful Breaking of
something which offends the morals of Entry Wall, Roof,
the offended woman because this is [Art. 14 (18)] etc.
how animals do it [People v. Siao, G.R. [Art. 14
No. 126021 (2000)]. (19)]
2. Examining a woman’s genitals before Actual No Yes
raping her in the presence of her old Breaking of
father were deliberately done to the
humiliate her, thereby aggravating and Entrance
compounding her moral sufferings
[People v. Bumidang, G.R. No. 130630
(2000)].
Page 51 of 305
Unlawful Breaking of Rationale: To repress the frequent practice
Entry Wall, Roof, resorted to by professional criminals of availing
[Art. 14 (18)] etc. themselves of minors taking advantage of their
[Art. 14 lack of criminal responsibility (since minors are
(19)] given leniency when they commit a crime)
Entrance Yes No [Reyes, Book 1].
Actually
Happened 2. By Means of a Motor Vehicle
Requisites: [MS-MC(GoCaF)]
Used as No Yes 1. That any of the following was used:
Means of a. Motorized vehicles; or,
Committing b. Other efficient means of
the Crime transportation Similar to
automobile or airplane.
When Breaking of Door or Window is Lawful 2. That the same was used as Means of
When an officer, after giving notice of his Committing the crime, such as by using
purpose and authority, is refused admittance: the same to:
1. To make an arrest in any building or a. Go to the place of the crime;
enclosure where the person to be b. Carry away the effects thereof;
arrested is or is reasonably believed to and
be [Rule 113, Sec. 11, Revised Rules c. Facilitate their escape [People
of Criminal Procedure]; v. Espejo, G.R. No. L-27708
2. To effect search in the place of directed (1970)].
search [Rule 126, Sec. 7, Revised
Rules of Criminal Procedure]; Cruelty
3. To liberate himself or any person
lawfully aiding him when unlawfully Kind: Specific Aggravating Circumstance;
detained in the place of directed search Specific to crimes against persons
[Rule 126, Sec. 7, Revised Rules of
Criminal Procedure]. Requisites [DIUE]:
1. That the injury caused be Deliberately
For Entrance, Not Escape/Exit Increased by causing the other wrong
This circumstance is aggravating only when 2. The other wrong was Unnecessary for
the offender resorted to any means in order to the Execution of the purpose of the
enter the place [REYES, Book 1]. offender
No Aggravating Circumstance For cruelty to exist, there must be proof

Inherent in Robbery with force upon things showing that the accused delighted in making
under Art. 299 (a) and Art. 302. their victim suffer slowly and gradually, causing
him unnecessary physical and moral pain in
Crime was Committed (a) With the Aid the consummation of the criminal act [People
of Persons Under Fifteen Years of Age v. Catian, G.R. No. 139693 (2002)].
or (b) By Means of Motor Vehicles,
Outraging the Corpse
Motorized Watercraft, Airships, or Other
If the victim was already dead when the acts of
Similar Means
mutilation were being performed, this would
also qualify the killing to murder due to
outraging of his corpse [Art. 248, par. 6, RPC].
1. With the Aid of Persons Under 15 There must be proof that the wounds inflicted
Years Old on the victim were done while he was still alive
Page 52 of 305
in order to be considered cruelty [People v. 2. Estafa
Pacris, G.R. No. 69986 (1991)]. 3. Robbery
4. Illegal recruitment
Ignominy v. Cruelty
Ignominy Cruelty 2. Use of Explosives
As to Type Shocks the Physical
of Suffering moral The Decree Codifying the Laws on Illegal/
conscience Unlawful Possession, Manufacture, Dealing in,
of man Acquisition or Disposition, of Firearms,
As to It pertains to Refers to the Ammunition or Explosives [P.D. 1866, as
Whether the the moral physical amended by R.A. 8294] provides that the use
Victim has order, suffering of of explosives or incendiary devices in the
to be Alive whether or the victim so commission of a crime, resulting to death of a
not the the victim person, shall be considered an aggravating
victim is has to be circumstance.
dead or alive.
alive. Requisites [RS-HaREID]
1. Offender commits a crime in the RPC
Note: The enumeration of aggravating or in a Special law;
circumstances in Art. 14 is exclusive as 2. In its commission, the offender uses
compared to the enumeration of mitigating any of the following:
circumstances in Art. 13 that admits of a. Hand grenade/s;
analogous circumstances, except for special b. Rifle grenade/s;
aggravating circumstances provided by law. c. Other Explosives such as
pillbox, Molotov cocktail
Special Aggravating and Qualifying bombs, and fire bombs;
Circumstances d. Other Incendiary devices
capable of producing
Other Special Aggravating and Qualifying destructive effect on
Circumstances [SELDA] contiguous objects or causing
1. Organized or Syndicated crime group injury or death to any person;
2. Use of Explosives and
3. Use of Loose firearms 3. Results in the Death of a person [Sec.
4. Use of Dangerous drugs 3, P.D. 1866, as amended by R.A.
5. Arson under P.D. 1613 8294].
1. Organized or Syndicated Crime Group 3. Use of “Loose Firearms”
Organized/syndicated crime group Special Aggravating Circumstance

A group of two or more persons collaborating, R.A. 10591 or the Comprehensive Firearms
confederating, or mutually helping one another and Ammunition Regulation Act (2013)
for purposes of gain committing any crime [Art. expressly repealed Sec. 1 of P.D. 1866 as
62, RPC as amended by R.A. 7659]. amended:
Effect Loose firearms: [UPI SOLAR]

When a crime is committed by an Pertains to firearms that are
organized/syndicated group, and the purpose 1. Unregistered;
of such crime was to gain, the maximum 2. Possessed by non-licensee;
penalty shall be imposed [Art. 62, RPC as 3. Illegally manufactured
amended by R.A. 7659]. 4. Stolen;
5. Obliterated;
Crimes where Purpose is to Gain: [TERI] 6. Lost;
1. Theft 7. Altered; or
Page 53 of 305
8. With Revoked license [Sec. 3(v), the use of loose firearms as special
R.A. 10591] aggravating as well.
Rules 4. Use of Dangerous Drugs

● To be considered as an aggravating
circumstance – if the use of a loose Qualifying Aggravating Circumstance
firearm is inherent in the commission of a A positive finding for the use of dangerous
crime punishable under the RPC or other drugs is a qualifying aggravating circumstance
special laws [Sec. 29, R.A. 10883] and the application of the penalty provided for
in the RPC shall be applicable [Sec. 25, R.A.
If the crime committed is penalized with a 9165].
maximum penalty lower than that
prescribed for illegal possession of 5. Arson under P.D. 1613
firearm – penalty for illegal possession of
firearm shall instead be imposed. Special Aggravating Circumstance
The following are considered special
If the crime committed is penalized by the aggravating circumstances when the crime of
law with a maximum penalty equal to Arson is committed; that the crime was
that imposed for illegal possession of committed: [BaHaGS]
firearms – penalty of prision mayor in its 1. For the Benefit of another
minimum period shall be imposed in 2. Because of Hatred towards
addition to the penalty for the crime owner/occupant
committed. 3. With Intent to Gain
4. By a Syndicate
● To be absorbed as an element of the
crime – if the violation is in furtherance of, Syndicate
or incident to, or in connection with the Offense is committed by a syndicate if it is
crime of rebellion, insurrection, or planned or carried out by a group of three (3)
attempted coup d’ etat, such violation shall or more persons [Sec. 4, P.D. 1613].
be absorbed as an element of the said
crimes [Sec. 29 (2), R.A. 10591]. Under Art. 62 of RPC, a syndicate needs at
least TWO persons. Under P.D. 1613, a
● To be considered as a separate and syndicate needs at least THREE persons.
distinct offense - If the crime is
committed by the person without using the e. Alternative Circumstances
loose firearm, the violation of this Act shall
be considered as a distinct and separate Those which must be taken into consideration
offense. [Sec. 29 (3), R.A. 10591] as aggravating or mitigating according to the
nature and effects of the crime and the other
Special Aggravating Circumstance conditions attending its commission [Art. 15].
RA 8294 does not specify whether or not the Types Under Art. 15 [RIE]
use of an unlicensed firearm in murder or 1. Relationship
homicide is generic or special aggravating. It 2. Intoxication
merely states that the use of the unlicensed 3. Degree of Education/instruction
firearm is appreciated as “aggravating.”
Relationship
In Palaganas v. People [G.R. No. 165483
(2006)], the Court interpreted this as making The alternative circumstance of relationship
the use of unlicensed firearms in murder or shall be taken into consideration when the
homicide as special aggravating. Applying the offended party is the: [SAD SiRA]
logic of Palaganas by analogy, Section 29 in 1. Spouse
RA 10591 should be interpreted as assigning 2. Ascendant
3. Descendant
Page 54 of 305
4. Legitimate, natural, or adopted brother liability if they be caused by the
or sister (Siblings) following persons [SADRAS-WiS-BS]:
5. Relative by Affinity in the same degree • Spouses, Ascendants and
of the offender [People v. Marco, G.R. Descendants, or Relatives by
No. 132392 (2001)] Affinity in the Same line.
• The Widowed Spouse with
Relatives by Affinity respect to the property which
Includes in-laws, stepfather, or stepmother, belonged to the deceased
stepchild and the like. It is the duty of the spouse before the same shall
stepparents to bestow upon their stepchildren have passed into the
a mother’s or father’s affection, care and possession of another; and
protection [People v. Bersabal, G.R. No. 24532 • Brothers and Sisters and
(1925)]. brothers-in-law and sisters-in-
law, if living together [Art. 322,
Other relatives included RPC].
The relationship of stepfather or stepmother
and stepson or stepdaughter is included by 2. Mitigating Circumstance
analogy as similar to that of ascendant and
descendant [People v. Bersabal, supra; People a. In crimes against property [RUFA]
v. Portento, C.A., 38 O.G. 46]. a. Robbery [Arts. 294-302, RPC]
b. Usurpation [Art. 312, RPC]
1. Exempting Circumstance c. Fraudulent insolvency [Art.
314, RPC]
a. When the accessory is related to the d. Arson [Arts. 321-322, 325-326,
principal. RPC]
General Rule: This includes spouses, b. When the crime is less serious or
ascendants, descendants, legitimate, slight physical injuries – if the
natural, and adopted brothers and offended party is a relative of a lower
sisters, or relatives by affinity within the degree than the offender [Art. 263,
same degrees, with the single RPC].
exception of accessories falling within
the provisions of paragraph 1 of the c. In trespass to dwelling - Where a
next preceding article [Art. 20, RPC]. son-in-law, believing his wife to be in
her father's house, attempted to force
Exception: When said relatives an entry therein, the relationship is to
profited themselves or assisted the be considered in mitigation [U.S. v.
offender to profit by the effects of the Ostrea, 2 Phil. 93, 95 (1903)].
crime [Art. 19 (1), RPC].
3. Aggravating Circumstance
b. Death under exceptional
circumstances. A legally married
Crimes Against Crimes Against
person who having surprised his
Person Chastity
spouse in the act of committing sexual
intercourse with another person who General Rule: Relationship is
shall inflict upon them physical injuries Higher degree; or always aggravating
of any other kind (i.e., less serious and Relatives of the same [People v. Orilla,
slight physical injuries) [Art. 247, RPC]. level [People v. G.R. Nos. 148949-
Alisub, 69 Phil. 362 40 (2004)].
c. Select Crimes Against Property. For (1969)].
crimes of theft, swindling (estafa), and
malicious mischief there is no criminal Exception:
Page 55 of 305
Always aggravating 2. Aggravating Circumstance

in the following: a. If intoxication is habitual; or
1. Serious Physical b. If it is intentional to embolden offender
Injuries [REYES, to commit crime [REYES, Book 1].
Book 1]
2. Homicide or Meaning of Habitual Drunkard
Murder [REYES, A habitual drunkard is one given to intoxication
Book 1] by excessive use of intoxicating drinks. The
3. Rape [People v. habit should be actual and confirmed. It is
Delen, G.R. No. unnecessary that it be a matter of daily
194446 (2014)] occurrence [People v. Camano, G.R. Nos. L-
36662-6 (1982)].
4. Neither Mitigating nor Aggravating Accused’s State of Intoxication Must be

Proved
a. When relationship is an element of The defendant testified that before the murder,
the offense: [PAC] he took a bottle of wine and drank little by little
a. Parricide until he got drunk. The policeman who arrested
b. Adultery the accused testified that the latter smelled of
c. Concubinage [REYES, Book 1] wine and vomited. The Court held that the
evidence presented was not satisfactory to
b. For Persons Attached by Common- warrant a mitigation of the penalty. [People v.
Law Relations. The law cannot be Noble, supra]
stretched to include such relations
because there is no blood relationship The person pleading intoxication must prove
or legal bond that links the parties that he took such quantity of alcoholic
[People v. Atop, G.R. Nos. 124303-05 beverage, prior to the commission of the
(1998)]. crime, as would blur his reason [People v.
Bernal, G.R. No. 132791 (2002)].
c. For Relationships by Affinity.
Relationships by affinity should not be b. Degree of Education or
deemed to aggravate the crime in the Instruction
absence of evidence to show that the
offended party is of a higher degree in 1. Mitigating Circumstance
the relationship than that of the
offender [People v. Canitan, G.R. No. Low Degree of Education or Instruction
L-16498 (1963)]. The court may exercise its sound discretion to
justify a more lenient treatment of an “ignorant
a. Intoxication and semicivilized offender” [U.S. v. Marqui,
G.R. No. 8931 (1914)].
1. Mitigating Circumstance
General Rule:
Requisites [DSC-NHD-NWIR]: Low degree of education is a mitigating
a. Act was done due to alcoholic intake of circumstance [U.S. v. Reguera, G.R. No. L-
the offender; he suffers from 16639 (1921)].
Diminished Self-Control.
b. Offender is Not a Habitual Drinker. Lack of instruction is generally mitigating,
c. Offender did Not take the alcoholic except in crimes against property and chastity
drink With the Intention to Reinforce his [People v. Baltazar, G.R. No. L-30557 (1980)].
resolve to commit crime [REYES, Book
1]. Exceptions [ProChaTRaM]:
1. Crimes against Property [U.S. v.
Pascual, G.R. No. L-3777 (1908)], theft
Page 56 of 305
and robbery [U.S. v. Marqui, G.R. No. this mitigating circumstance in his favor
8931 (1914)] [People v. Ripas, supra].
2. Crimes against Chastity [People v.
Baltazar, supra] 2. Aggravating Circumstance
3. Treason [People v. Lansanas, G.R. No.
L-1622 (1948)] High degree of education or Instruction
4. Rape; No one is so ignorant as not to The alternative circumstance of instruction may
know that the crime of rape is wrong be considered as aggravating circumstance
and in violation of the law [U.S. v. when the accused took advantage of his
GamillaI, G.R. No. 13981 (1918)] education or instruction in committing the
5. Murder or homicide; to kill is forbidden crime.
by natural law which every rational
being is endowed to know and feel f. Absolutory Causes
[People v. Laspardas, G.R. No. L-
46146 (1979)]. One does not have to Absolutory Causes
be educated or intelligent to be able to Those where the act committed is a crime but
know that it is unlawful to take the life for reasons of public policy and sentiment there
of another person even if it is to redress is no penalty imposed [People v. Talisic, G.R.
a wrong committed against him No. 97961 (1997)].
[People v. Lapaz, G.R. No. 68898
(1989)]. Types of Absolutory Causes [IPON]:
4. Instigation
If the accused studied up to sixth grade, the 5. Pardon by the offended party
Court said that “that is more than sufficient 6. Other absolutory causes
schooling to give him a degree of instruction as 7. Acts Not covered by law and in case of
to properly apprise him of what is right and excessive punishment [Art. 5, RPC].
wrong” [People v. Pujinio, G.R. No. L-21690
(1969)]. Instigation
Illiteracy (not able to read and write) alone
Instigation
is insufficient
It is the means by which the accused is lured
The fact that [the accused] thumb marked the into the commission of the offense charged in
document attesting of the promulgation of the
order to prosecute him [People v. Bartolome,
decision, a sign that he did not know how to G.R. No 191726 (2013)].
write, is not sufficient to prove the existence of
this alternative circumstance [People v. Ripas, The law officers conceive the commission of
G.R. No. L-6246 (1954)].
the crime and suggest it to the accused, who
adopts the idea and carries it into execution
Not illiteracy alone but also lack of sufficient
[People v. De la Peña, G.R. No. 92534 (1991)].
intelligence are necessary to invoke the benefit
of this circumstance. A person able to sign his
The involvement of a law officer in the crime
name but otherwise so densely ignorant and of itself in the following manner:
such low intelligence that he does not realize
1. He induces a person to commit a crime
the full consequences of a criminal act, may still for personal gain.
be entitled to this mitigating circumstance
2. He doesn’t take the necessary steps to
[People v. Ripas, supra]. seize the instrument of the crime & to
arrest the offenders before he obtained
On the other hand, another unable to write
the profits in mind.
because of lack of educational facilities or 3. He obtained the profits in mind, even
opportunities, may yet be highly or
though afterwards does take the
exceptionally intelligent and mentally alert that necessary steps to seize the
he easily and ever realizes the full significance
instrument of the crime and to arrest
of his acts, in which case he may not invoke the offenders.
Page 57 of 305
Instigation as defense against government Entrapment Instigation
Instigation is recognized as a valid defense that of his offense and
can be raised by an accused. To use this as a criminal plan. himself
defense, however, the accused must prove becomes a
with sufficient evidence that the government co-principal.
induced him to commit the offense [People v. As to The means The law
Legaspi y Lucas, G.R. No. 173485 (2011)]. Origin of originate enforcer
the Crime from the conceives
Entrapment is Different from Instigation mind of the the
There is entrapment when law officers employ criminal. commission
ruses and schemes to ensure the of the crime
apprehension of the criminal while in the actual and
commission of the crime. There is instigation suggests to
when the accused was induced to commit the the accused
crime [People v. Periodica, Jr., G.R. No. 73006 who carries
(1989)]. it into
execution.
The difference in the nature of the two lies in As to A person has A public
the origin of the criminal intent. In entrapment, Means planned or is officer or a
the mens rea originates from the mind of the about to private
criminal. The idea and the resolve to commit commit a detective
the crime comes from him. In instigation, the crime and induces an
law officer conceives the commission of the ways and innocent
crime and suggests to the accused who adopts means are person to
the idea and carries it into execution [People v. resorted to commit a
Periodica, Jr., supra]. by a public crime and
officer to trap would arrest
The legal effect of entrapment and instigation and catch him upon or
are also different. Entrapment does not exempt the criminal. after the
the criminal from liability. Instigation does commission
[People v. Periodica, Jr., supra]. of the crime
by the latter.
The law officers shall not be guilty to the crime As to Not a bar to The accused
if they have done the following: Conviction the must be
1. He does not induce a person to commit or Acquittal prosecution acquitted
a crime for personal gain or is not and because the
involved in the planning of the crime. conviction of offender
2. Does take the necessary steps to seize the simply acts
the instrument of the crime and to lawbreaker. as a tool of
arrest the offenders before he obtained the law
the profits in mind. enforcers.
Entrapment v. Instigation a. Pardon by Offended Party

Entrapment Instigation
As to Ways and The Crimes of adultery and concubinage shall not
Nature means are instigator be prosecuted except upon a complaint filed by
resorted to practically the offended spouse. The offended party
for the induces the cannot institute criminal prosecution without
purpose of would-be including both the guilty parties, if they are both
trapping and accused into alive, nor, in any case, if he shall have
capturing the the consented or pardoned the offenders [Art. 344,
lawbreaker in commission RPC].
the execution of the
Page 58 of 305
See: Art. 344 for detailed discussion. Grave and Less Grave Felonies v. Light
Felonies [Art. 16, RPC]
b. Other Absolutory Causes Grave and Less Grave Light Felonies
Felonies
[DALS-PARTS]
1. Death under exceptional All participants Only principal
circumstances [Art. 247, RPC] (principal, and accomplice
2. Accessories in light felonies [Art. 16, accomplice, are liable.
RPC] accessory) are
3. Light felonies not consummated [Art. criminally liable.
16, RPC]
4. Spontaneous desistance [Art. 6, RPC]
5. Prescription of crimes [Art. 89, RPC] Parties to a Crime
6. Accessories exempt under Art. 20 [Art. Active Subject. The offender (e.g., principal,
20, RPC] accomplice, accessory).
7. Exemptions from criminal liability for
cases of theft, swindling and malicious General Rule: Only natural persons can be
mischief, by virtue of his Relationship the active subjects of a crime due to the highly
to the offended party. [Art. 332, RPC] personal nature of criminal responsibility.
8. Trespass to dwelling to prevent serious Juridical persons cannot be active subjects.
harm to self [Art. 280, RPC]
9. Discovering secrets through Seizure of Rationale: Only natural persons can act with
correspondence of the ward by their personal malice or negligence. Moreover,
guardian [Art. 219, RPC] penalties such as substitution of deprivation of
liberty (subsidiary imprisonment) for pecuniary
penalties in case of insolvency, or destierro can
3. Persons Liable and Degree of only be executed against individuals.
Participation
Exception: Special laws where corporations
a. Principals, Accomplices, and are expressly penalized for their violations
Accessories (e.g., Corporation Law, Public Service Law,
Securities Law, Election Code, etc.).
Persons Criminally Liable [Art. 16, RPC]
Officers of Corporation are Liable
When more than one person participated in the
General Rule: If the offender is a corporation,
commission of the felony, the law looks into
the directors, trustees, stockholders, members,
their participation. The RPC classifies them as:
officers, or employees may be held liable if they
1. Principal
are responsible for the violation or
2. Accomplice
indispensable to the commission of the offense
3. Accessory
[Sec. 171, Revised Corporation Code].
This classification is true only under the RPC
Passive Subject. The injured party.
and not under special laws, because the
penalties under the latter are never graduated.
If the crime is punishable under special laws, 1. Principals [Art. 17]
the more appropriate term would be
“offender/s, culprit/s, accused”. Requisites to be Considered as Principal
Page 59 of 305
Principal by Principal Principal by 2. Offender Carried out their plan and
Direct by Indispensa- Personally took part in its execution by acts
Participa- Induce- ble which directly tended to the same end
tion [PCP] ment Cooperation [People v. Ong Chiat Lay, supra]
[IDC] [PAC-CI]
1. Offender 1.Induce 1. Offender Principal by Direct Participation in a
Participated ment was Participated in Conspiracy
in the made with the criminal In order to convict [the accused conspirator] as
criminal the resolution such a principal by direct participation, it is
resolution; Intention that there is necessary that conspiracy among him and his
and of Anterior co-accused be proved. Conspiracy; like any
procuring Conspiracy or other ingredient of the offense, must be proved
the unity of as sufficient as the crime itself through clear
commissi criminal and convincing evidence, not only by mere
on of the purpose and conjectures. Proof beyond reasonable doubt is
crime; intention required to establish the presence of criminal
and before the conspiracy [People v. Jorge, G.R. No. 99379
commission of (1994)].
the crime.
2. Offender 2. Said 2. Cooperation Principal by Inducement [Art. 17 (2),
Carried out induceme in the RPC]
their plan nt is the commission of
and Determini the offense by Those who directly force or induce others to
Personally ng Cause performing commit a criminal act.
took part in of the another act
its execution commissi which is Requisites [IDC]:
by acts on of the Indispensable, 1. Inducement be made with the Intention
which crime by and without of procuring the commission of the
directly the which it would crime.
tended to material not have been 2. Said inducement is the Determining
the same executor accomplished Cause of the commission of the crime
end [People [U.S. v. [REYES, Book by the material executor [U.S. v.
v. Ong Chiat Indanan, 1]. Indanan, supra].
Lay, G.R. G.R. No.
No. L-39086 L-8187 TWO (2) WAYS OF INDUCEMENT
(1934)]. (1913)]. 1. By using irresistible force or causing
uncontrollable fear
Principal by Direct Participation [Art. 17
a. Irresistible Force - Such physical force
(1), RPC]
as would produce an effect upon the
individual that despite all his resistance,
An active participant in the commission of the
it reduces him to a mere instrument.
offense. One who participated in the criminal
resolution to commit the offense [People v.
Force, fear, duress, or intimidation must
Solomon, G.R. No. 77206 (1988)].
be present, imminent, impending; and of
such nature as to induce a well-
Those who cooperate in the commission of the
grounded apprehension of death or
crime by performing overt acts which by
serious bodily harm if the act be done
themselves are acts of execution [People v.
[People v. Anod, G.R. No. 186420
Pilola, G.R. No. 121828 (2003)].
(2009].
Requisites: [PCP]
b. Uncontrollable Fear – Such fear that
1. Offender Participated in the criminal
must be grave, actual, serious and of
resolution; and
Page 60 of 305
such kind that majority of men would Principal by Inducement v. Proposal to
succumb to such moral compulsion. Commit a Felony [REYES, Book 1]
Principal by Proposal to
Mere threat of future injury is not Inducement Commit a
sufficient. Compulsion must be such that Felony
it reduced the offender to a mere As to Inducement to commit a
instrument acting not only without will but Purpose crime
against his will as well. It must be of such As to Liable only Person to
character to leave the accused no Liability when crime whom
opportunity for escape [Ty v. People, is committed proposal is
G.R. No. 149275 (2004)]. by principal made should
by direct not commit
2. By giving of price or offering of reward participation the crime
or promise or using words of command As to Involves any Proposal to
Crimes crime be
a. By giving of price or offering of Included punishable
reward or promise – The one giving the must involve
price or offering the reward or promise is only treason/
a principal by inducement while the one rebellion
committing the crime in consideration
thereof is a principal by direct Effect of Acquittal of Principal by Direct
participation. There is collective criminal Participation
responsibility. General Rule: Conspiracy is negated by
acquittal of co-defendant. One cannot be held
b. By using words of command – the guilty of having instigated the commission of a
person who used the words of command crime without first being shown that the crime
is a principal by inducement while the has been actually committed by another
person who committed the crime [People v. Ong Chiat Lay, supra].
because of the words of command is a
principal by direct participation. Exception: When the principal actor is
acquitted because he acted without malice or
Requisites of Using Words of Command: [II- criminal intent. [People v. Po Giok To, G.R. No.
DPM] L-7236 (1955)].
The one who made the command must have:
a. Intention of procuring the commission Principal by Indispensable Cooperation
of the crime [Art. 17 (3), RPC]
b. Ascendancy/Influence over the person
who acted Those who cooperate in the commission of the
c. Words used must be: offense by another, without which it would not
d. So Direct, efficacious, and powerful to have been accomplished.
amount to physical/moral coercion Requisites [PAC-CI]:
e. Uttered Prior to the commission of the 1. Participation in criminal resolution such
crime that there is Anterior Conspiracy or unity of
f. Material executor has no personal criminal purpose and intention before the
reason to commit the crime [REYES, commission of the crime.
Book 1]. 2. Cooperation in the commission of the
offense by performing another act which is
Indispensable and without which it would
not have been accomplished [REYES,
Book 1].
Page 61 of 305
Cooperation that prescribed by law [Arts. 52, 54, & 56,
To cooperate is to help, to aid, and RPC].
presupposes knowledge of the ultimate
purpose in view [Samson v. CA, G.R. Nos. L- It is also possible for an accomplice to be liable
10364 & L-10376 (1958)]. as such for a different crime than what the
principal committed, such as when he/she
2. Accomplices [Art. 18] provides transport for someone committing
robbery but does not participate in the killing
An accomplice cooperates in the execution of committed by the latter [People v. Doble, G.R.
the offense by previous or simultaneous acts, No. L-30028 (1982)].
provided he has no direct participation in its
execution or does not force or induce others to Conspirator v. Accomplice
commit it, or his cooperation is not Conspirator Accomplice
indispensable to its accomplishment [People v. As to They know They know
Mandolado, supra]. Criminal of and join and agree
Design in the with the
Requisites: [CD-CR] criminal criminal
a. Community of Design: Knowing and design. design.
concurring with the criminal design of As to From its Only after
the principal by direct participation When inception, the
b. Cooperation in the execution of the Criminal because principals
offense by previous/simultaneous acts Intention is they have
with the intent of supplying Known themselves reached the
material/moral aid; and have decision to
c. Relationship between acts of the decided commit it.
principal and those attributed to the upon such
accomplice [REYES, Book 1]. course of
action.
Knowledge of Actual Crime Not Required As to Who Conspirators Accomplices
One can be an accomplice even if he did not Decides to decide that merely
know of the actual crime intended by the Commit a crime assent to
principal, provided he was aware that it was an the Crime should be the plan and
illicit act [People v. Doctolero, G.R. No. 34386 committed. cooperate in
(1991)]. its
accomplish
Accomplice does Not Decide the Crime ment.
Accomplices do not decide whether the crime As to Conspirators Accomplices
should be committed; they merely assent to the Authorship are the are merely
plan of the principal by direct participation and of the authors of a instruments
cooperate in its accomplishment [People v. Crime crime. who perform
Pilola, G.R. No. 121828 (2003)]. acts that are
useful for,
Accomplice in Bigamy but not
A person, whether man or woman, who essential to,
knowingly consents or agrees to be married to the
another already bound in lawful wedlock is perpetration
guilty as an accomplice in the crime of bigamy of the
[Santiago v. People, G.R. No. 200233 (2015)]. offense,
giving
Liability of Accomplice material/mor
The liability of accomplices is less than al aid
principals and they shall be meted with the without
penalty next lower in degree (1 degree) than conspiracy.
Page 62 of 305
3. Accessories [Art. 19] Elements under the Two (2) Classes of
Accessories
Punishable Acts of Accessories [PACE]: Public Officer Private Person
1. Profiting themselves or Assisting the [PAHAL] [PH-TPaMAPH]
offender to profit by the effects of the crime
Offender is a Offender is a Private
Examples: Public officer person
a. Profiting Themselves – Receiving who acts with
stolen property knowing that it had been Abuse of his
stolen [People v. Tanchoco, G.R. No. L- public functions
38 (1946)].
Offender Harbors/conceals/assists in the
Note: This must be with the consent of escape of the principal
the principal, otherwise he is a principal
of theft [REYES, Book 1] Principal Crime is either Treason,
commits Any Parricide, Murder,
b. Assisting the Offender to Profit by the crime except Attempt against the life of
Effects of the Crime - Knowingly Light felonies the President, or principal
receiving stolen property and selling it for is known to be Habitually
the thief’s profit [U.S. v. Galanco, G.R. guilty of another crime
No. 4440 (1908)]
Liability of Accessories
An accessory should not be in Liability is subordinate to the principal
conspiracy with the principal [U.S. v. Tan because their participation is subsequent to the
Tiap Co, G.R. No. 11643 (1916)] commission of the crime [U.S. v. Mendoza,
G.R. No. 7540 (1912)]. The penalty to be
2. Concealing/destroying the body of the crime imposed for accessories is two (2) degrees
to prevent its discovery lower than that prescribed for the felony [Art.
53, 55, & 57 RPC].
Body of the Crime (“corpus delicti”)
Fact of the commission of the crime, not the Effect of Acquittal of Principal
physical body of the deceased [Rimorin v. General Rule: If the facts alleged are not
People, G.R. No. 146481 (2003)]. proven or do not constitute a crime, the legal
grounds for convicting the accessory do not
Examples: exist [U.S. v. Mendoza, supra].
a. Assisting in the burial of a homicide
victim to prevent the discovery of the Exemption: If the principal was convicted but
crime [U.S. v. Leal, G.R. No. 432 not held criminally liable for an exempting
(1902)] circumstance (i.e., insanity, minority, etc.) [Art.
b. Making the victim appear armed to 12, RPC], the accessory may still be held
show the necessity of killing him [U.S. criminally liable since the crime was still
v. Cuison, G.R. No. L-6840 (1911)] committed [U.S. v. Villaluz, G.R. No. 10726
c. Concealing the effects/instruments of (1915)]. Determination of the liability of the
the crime, such as concealing a gun accessory can proceed independently of that of
[REYES, Book 1] the principal [Vino v. People, G.R. No. 84163
(1989)].
3. Harboring/concealing/assisting in the
Escape of the principal of the crime Exemptions from Criminal Liability
committed by either a public officer or a An accomplice is exempted from criminal
private person liability when:
1. Crime is a light felony [Art. 19 (c),
RPC]; or
Page 63 of 305
2. Principal is a relative under the Accompli
Principal Accessory
exemptions in RPC Art. 20, except if ce
[Art. 17] [Art. 19]
said accessory has profited or assisted [Art. 18]
the principal in profiting from the crime n of the
Except: When offense
Relatives Included Under Art. 20 [SAD-BSR] there is a
1. Spouse conspiracy
2. Ascendant and the
3. Descendant principal has
4. Legitimate/natural/adopted Brother or already
Sister performed his
5. Relative by affinity within the same part prior to
degree its
commission.
Rationale: The ties of blood and the [People v.
preservation of the cleanliness of one’s name, Santos, G.R.
which compels one to conceal crimes No. 117873
committed by relatives so near as those (1997)]
mentioned in this article [People v. Mariano, As to Necessity of Cooperation
G.R. No. 134847 (2000)]. Indispensable Not Not
to the indispensa indispensable
Principal v. Accomplice v. Accessory commission ble
Accompli of the crime
Principal Accessory
ce
[Art. 17] [Art. 19]
[Art. 18] a. Special Laws
As to Acts Committed
One who: One who One who: Anti-Fencing Law v. Anti-Piracy and
1. Directly cooperate 1. Made a Highway Robbery Law of 1974
participated in d in the profit from or v. Accomplice
the offense; commissio assisted the Anti-Piracy
or n of the offender in Anti- and
2. Induced or offense profiting from Fencing Highway Accessory
forced others without effects of the Law Robbery [Art. 19 (1)]
to commit the being crime; or [P.D. 1612] Law [P.D.
crime; or covered by 2. Concealed 532]
3. Committed Art. 17. or destroyed As to Punishable Act
acts which the body of Knowingly Knowingly Profiting
are the crime; or profiting or acquiring or themselves
indispensable 3. Harbored, assisting the receiving or assisting
to the concealed or principal to property the offender
commission assisted in profit by the taken by to profit by
of the crime. the escape of effects of a pirates or the effects of
the principal. robbery or brigands or the crime
As to Imposable Penalty theft in any
Penalty 1 degree 2 degrees manner
prescribed by lower lower [Arts. benefiting
law [Arts. 52, 53, 55, & 57, therefrom
54, & 56, RPC] As to Crimes Applicable
RPC] Robbery Robbery of
As to When Acts Were Committed Any Crime
or Theft Theft
During the Before or after After the Whether Possession Beings About
commission the commission commissio Presumption of Committing the Crime
of the offense of the offense
Page 64 of 305
Anti-Piracy of criminal
Anti- and cases
Fencing Highway Accessory As to Offender is Offender is
Law Robbery [Art. 19 (1)] Liability of merely an liable as the
[P.D. 1612] Law [P.D. the accessory to principal of
532] Offender the crime P.D. 1829.
Mere No such No such charged and
possession presumption. presumption. another
brings about person is
the charged as
presumption the principal.
of fencing. As to If committed Applies to
As to Imposable Penalty Crimes by private any crime
Higher than Penalty 2 degrees Applicabl person
mere imposed for lower than e – only applies
accessory to the that of the to the
robbery/theft accomplice principal specified
[Sec. 3, P.D. [Sec. 4, P.D. [Art. 53 to crimes (e.g.,
1612] 532] 55, RPC] treason,
parricide,
Decree Penalizing Obstruction of murder,
Apprehension and Prosecution of Criminal attempt
Offenders [P.D. 1829] against the
Any person who knowingly or willfully life of the
obstructs, impedes, frustrates or delays the President, or
apprehension of suspects and the investigation principal is
and prosecution of criminal cases, shall be habitually
punished: guilty of
1. Prision correccional in its maximum another
period, or crime)
2. Fine ranging from PhP 1,000 – 6,000,
or If committed
3. Both by public
officer
Accessory v. Principal in Obstruction of – applies to
Justice any crime,
Accessory Laws except light
[Art. 19 (3)] Penalizing felonies
“Obstruction
of Justice” b. Conspiracy and Proposal
[P.D. 1829]
As to Acts Harboring, Knowingly or Conspiracy and Proposal [Art. 8]
Punished concealing, or willfully
assisting in obstructing, Rule on When Conspiracy and Proposal
the escape of impeding, Constitutes a Crime
the principal frustrating, or Conspiracy and proposal to commit felony are
of the crime delaying the punishable only in the cases in which the law
apprehension specially provides a penalty therefor [Art. 8,
of suspects RPC].
and the
investigation 1. Conspiracy as a Felony
and
prosecution
Page 65 of 305
Exists when two or more persons come to an Conspiracy Conspiracy
agreement concerning the commission of a as a Felony as Basis for
felony and decide to commit it [Art. 8, RPC]. Incurring
Agreement may be oral or written, express or Criminal
implied. Liability
How Mere Commission
Requisites of Conspiracy [ACE]: Incurred agreement of overt acts
1. Two or more persons come to an As to RPC must Participants
Agreement. Legal specifically acted in
2. Agreement pertains to a Commission Requireme punish the concert or
of a felony; and nts act of simultaneousl
3. Execution of the felony was decided conspiring y or in any
upon. (and way which is
proposing). indicative of a
Note: Mere knowledge, acquiescence to or meeting of
agreement to cooperate, is not enough to The acts the minds
constitute one as party to conspiracy, absent must be towards a
any active participation in the commission accomplishe common
of the crime. Conspiracy transcends d, else the criminal goal
companionship [People v. Patano, G.R. No. conspiracy is or criminal
129306 (2003)]. absorbed objective.
and the act
Examples of Felonious Conspiracy itself is The act of
[METRICS DATA]: punished. meeting
1. Monopolies and combinations in together is
restraint of trade [Art. 186, RPC] not necessary
2. Espionage [Sec. 3, C.A. 616] as long as a
3. Treason [Art. 115, RPC] common
4. Rebellion [Art. 136, RPC] objective can
5. Insurrection [Art. 136, RPC] be discerned
6. Coup d’état [Art. 136, RPC] from the overt
7. Sedition [Art. 141, RPC] acts.
8. Selected acts under the Dangerous
Drugs Act [Sec. 26, R.A. 9165] The act must
9. Arson [Sec. 7, P.D. 1613] be
10. Terrorism [Sec. 4, R.A. 9372] accomplished
11. Access device fraud [Sec. 11, R.A. , if there is
8484] only
conspiracy or
Conspiracy as a Felony v. Conspiracy as a proposal,
Manner of Incurring Criminal Liability there is no
Conspiracy as a felony refers to the mere crime to be
agreement to commit the said acts and NOT punished.
the actual execution thereof [People v. Fabro, As to Conspiracy Conspiracy
G.R. No. 114261 (2000)]. Quantum as a crime must be
of Proof must be established
Conspiracy Conspiracy established by positive
as a Felony as Basis for beyond and
Incurring reasonable conclusive
Criminal doubt. evidence
Liability [People v.
As to Preparatory Executory Laurio, G.R.
Stage acts acts
Page 66 of 305
Conspiracy Conspiracy Collective Individual
as a Felony as Basis for Criminal Criminal
Incurring Responsibili- Responsibili-
Criminal ty ty
Liability purpose and
No. 181539 intention, or
(1991)]. community of
As to Only applies Any crime criminal
Crimes conspiracy to design [U.S.
Applicable commit v. Magcomot,
treason, G.R. No. 4329
coup d’etat, (1909)]
rebellion, As to Once Each of the
insurrection, Liability conspiracy is participants is
and sedition. proven, the responsible
act of one is only for his
Conspiracy as a Manner of Incurring the act of all own acts
Criminal Liability [People v. [Araneta, Jr.
Zafra, G.R. v. Court of
Liability When Conspiracy is Established No. 225784 Appeals, G.R.
General Rule: The act of one becomes the act (2019)] and No. 43527
of all. All who participated therein, irrespective they all share (1990)].
of the quantity or quality of his participation is the same
liable equally, whether conspiracy is pre- liability as co-
planned or instantaneous [REYES, Book 1]. principals
[People v.
Exception – Unless one or some of the Aliben, G.R.
conspirators committed some other crime No. 140404
which is not part of the intended crime. (2003)].
Exception to the Exception – When the act Degree of Proof

constitutes a “single indivisible offense.” General Rule: Conspiracy must be
established by positive and conclusive
Collective Criminal Responsibility v. evidence, not by conjectures or speculations.
Individual Criminal Responsibility [People v. Laurio, G.R. No. 181539 (1991)]
Collective Individual
Criminal Criminal Exceptions:
Responsibili- Responsibili- 1. Circumstantial Evidence may be Used
ty ty Conspiracy may be established through the
As to When When each of collective acts of the accused before, during
Definition offenders are the and after the commission of a felony that all
criminally participants in the accused aimed at the same object, one
liable in the an offense is performing one part and the other
same manner responsible performing another for the attainment of the
and to the only for the same objective; and that their acts, though
same extent consequences apparently independent, were in fact
of his own concerted and cooperative, indicating
acts in the closeness of personal association,
absence of concerted action and concurrence of
previous sentiments [People v. Talaogan, G.R. No.
conspiracy, 178198 (2008)].
unity of
criminal
Page 67 of 305
2. Presumption of Conspiracy (Band) No Criminal Liability in the Following
Conspiracy need not be proved if the Cases:
existence of the band is clearly 1. Mere acquiescence to or approval of the
established (e.g., crime of robbery with a commission of the crime, without any
band). The law presumes the attendance of act of criminal participation, shall not
conspiracy so much so that "any member of render one criminally liable as co-
a band who is present at the commission of conspirator [People v. Izon, G.R. L-
a robbery by the band, shall be punished as 10397 (1958)].
principal of any of the assaults committed by
the band, unless it be shown that he However, having community of design
attempted to prevent the same" [People v. with the principal does not prevent a
Peralta, supra]. malefactor from being regarded as an
accomplice if his role in the perpetration
Note: Spontaneity does not preclude of the homicide or murder was, relatively
conspiracy, which after all, can be speaking, of a minor character [People v.
consummated in a moment’s notice — Nierra, G.R. No. L-32624 (1980)].
through a single word of assent to a
proposal or an unambiguous handshake. 2. If the party desisted from the commission
Yet it is more difficult to presume conspiracy of the crime [People v. Timbol, G.R. Nos.
in extemporaneous outbursts of violence; L-47471-3 (1944)].
hence, the demand that it be established by
positive evidence [Li v. People, G.R. No. WHEEL OR CIRCLE CONSPIRACY V.
127962 (2004)]. CHAIN CONSPIRACY
1. Wheel or Circle Conspiracy - there is a
Doctrine of Implied Conspiracy single person or group (the hub) dealing
Conspiracy may be inferred from the conduct individually with two or more other persons
of the parties, their joint purpose, community of or groups (the spokes).
interest and in the mode and manner of
commission of the offense [People v. 2. Chain Conspiracy - there is successive
Pangilinan, G.R. Nos. 134823-25 (2003)]. communication and cooperation in much
the same way as with legitimate business
Existence of Implied Conspiracy must be operations between manufacturer and
based on: wholesaler, then wholesaler and retailer,
1. Overt acts done before, during, or after and then retailer and consumer [Estrada v.
the commission of the crime; or Sandiganbayan, G.R. No. 148965 (2002)].
2. Words, remarks or language used
before, during or after the commission When the person who has decided to
of the crime [People v. Sandiganbayan, commit a felony proposes its execution to
G.R. No. 158754 (2007)]. some other person or persons [Art. 8,
RPC].
The above must show that they acted in unison
with each other, evincing a common purpose Requisites: [DP]
or design. It must be shown that they 1. Decision to commit a felony; and
cooperated in the commission of the offense, 2. Proposal to execute to other
either morally, through advice, encouragement person/persons.
or agreement or materially through external
acts indicating a manifest intent of supplying It is not necessary that the person to whom the
aid in the perpetration of the crime in an proposal is made agrees to commit it [REYES,
efficacious way [People v. Ramos, G.R. No. Book 1].
118570 (2004)].
Proposals Punishable by Law [ReCIT]:
1. Rebellion [Art. 136, RPC]
2. Coup d’ etat [Art. 136, RPC]
Page 68 of 305
3. Insurrection [Art. 136, RPC] 1. After lapse of period for perfecting
4. Treason [Art. 115, RPC] appeal (15 days);
2. When sentence has been partially or
c. Multiple Offenses (Differences, totally served;
Rules, Effects) 3. Accused waived in writing his right to
appeal; or
Four Forms of Repetition: 4. Accused has applied for probation.
1. Recidivism/Reincidencia [Art. 14 (9), [Rule 120, Sec. 7, ROC].
RPC]
2. Habituality/Reiteracion [Art. 14 (10), Effect of the following:
RPC] ● Pardon on the first felony – the first
3. Multi-recidivism/Habitual Delinquency conviction is still counted to make him
[Art. 62 (5), RPC] a recidivist, since pardon does not
4. Quasi-recidivism [Art. 160, RPC] obliterate the fact of his prior conviction
[People v. Lacao, Sr., G.R. No. 95320
1. Recidivism (1991)].
● Amnesty on the first felony – his
Recidivist former conviction would not be
One who, at the time of his trial for one crime, aggravating. According to Art. 89,
shall have been previously convicted by final amnesty extinguishes not only the
judgment of another crime embraced in the penalty but also its effects [US v.
same title of the RPC [People v. Lagarto, G.R. Sotelo, G.R. No. L-9791 (1914)].
No. 65833 (1991)].
Special Laws Not Contemplated
Requisites: [TPSC] In recidivism, the crimes committed should be
1. Offender is on Trial for a felony felonies. There is no recidivism if the crime
2. He was Previously convicted by final committed is a violation of a special law
judgment of another crime [People v. Lauleco, C.A., 36 O.G. 956].
3. Both the first and second felonies are
embraced in the Same title of the RPC 2. Habituality (Reiteracion)
offense Requisites: [TPE2LC]
1. Offender is on Trial for an offense
Offender is on Trial for an Offense 2. He Previously served sentence for:
What is controlling is the time of trial, not the a. Another offense to which the
time of commission of the crime. It is meant to law attaches Equal or greater
include everything that is done in the course of penalty; or
the trial, from arraignment until after the b. 2 or more crimes to which it
sentence is announced by the judge in open attaches Lighter penalty than
court [People v. Lagarto, supra]. that for the new offense
Rules in Counting Number of Convictions offense
1. If both offenses were committed on the
same date, they shall be considered as 3. Quasi-Recidivism [Art. 160]
only one, hence, they cannot be
separately counted in order to Requisites [CBD]
constitute recidivism. 1. Convicted by final judgment of one
2. If judgments of conviction are handed offense.
down on the same day, they shall be 2. Committed a new felony Before/During
considered as only one conviction. service of such sentence. [Art. 160,
RPC]
When is there Conviction by Final
Judgment
Page 69 of 305
Reiteracion and Quasi-recidivism Cannot Coverage
be Simultaneous ● It applies to all participants (e.g.,
Since reiteracion provides that the accused principals, accomplices, accessories)
has duly served the sentence for previous because it reveals persistence in them
conviction/s, or is legally considered to have of the inclination to wrongdoing and of
done so, quasi-recidivism cannot at the same the perversity of character that led
time constitute reiteracion, hence the latter them to commit the previous crime.
cannot apply to a quasi-recidivist [People v. ● It applies to any stage of the
Layson, G.R. No. L-25177 (1969)]. execution (attempt, frustration, or
consummation) because subjectively,
Pardon [Art. 160(2), RPC] the offender reveals the same degree
General Rule: A quasi-recidivist may be of depravity or perversity as the one
pardoned and pardon is to be given to a convict who commits a consummated crime.
who:
1. Is not a habitual criminal; Not An Ex Post Facto Law
2. Is already at the age of seventy (70) The imposition of the additional penalty on
years; and habitual delinquents are not unconstitutional
3. Has already served out his original because such law is neither an ex post facto
sentence or if he completing it after law nor an additional punishment for future
reaching such age. crimes. It is simply a punishment on future
crimes on account of the criminal propensities
Exception: If by reason of his conduct, he is of the accused [People v. Montera, G.R. No. L-
deemed not worthy of such clemency. 34431 (1931)].
4. Habitual Delinquency Recidivism Inherent in Habitual

Delinquency
Requisites [T-FIRE, 10-2, 10-3] A habitual delinquent is necessarily a recidivist.
1. Offender had been convicted of any of In penalizing him, the aggravating
the crimes of [T-FIRE]: Theft; circumstance of recidivism has to be taken into
Falsification; serious or less serious account. However, for the purpose of fixing the
physical Injuries; Robbery; Estafa. additional penalty, recidivism cannot be taken
2. After conviction or after serving his as an aggravating circumstance for the reason
sentence, he again committed, and, that it is inherent in habitual delinquency
within 10 years from his release or first [People v. Tolentino, G.R. No. L-48740 (1942)].
conviction, he was again convicted of
any of the said crimes for the 2nd time Rules in Counting Convictions [REYES,
3. After his conviction of, or after serving Book 1]
sentence for the second offense, he 1. Convictions on the same day are
again committed, and, within 10 years counted as one.
from his last release or last conviction, 2. Crimes committed on the same date,
he was again convicted of any of said although convictions are on different
offenses, the 3rd time or oftener [Art. dates, are counted as one.
62, RPC]. 3. Crime committed during the minority of
the offender is not considered.
Note: Computation of the 10-year period can 4. Commission of any of the crime need
start from either the conviction OR release of not be consummated.
the accused in his previous crime and shall end Required Allegations in Information
with the date of his conviction in the The information must contain dates of [PLO]:
subsequent crime [People v. Lacsamana, G.R. 1. Commission of Previous crimes
No. L-46270 (1938)]. 2. Last conviction or release
3. Other previous convictions or releases
[People v. Venus, G.R. No. 45141
(1936)].
Page 70 of 305
Note: Nth
Penalty Plus
● Plea of guilty which fails to allege the Conviction
dates of the commission of previous on the last (med. and
offences, convictions, and of releases crime max. periods)
is not an admission of habitual prision mayor
delinquency, but recidivism [People v. 4th (min. and med.
Masonson, G.R. No. 45249 (1936)]. periods)
● Failure to object admission of decision prision mayor
showing dates of previous convictions (max. period)
cures the failure to allege said dates in 5th and
to reclusion
the information [People v. Nava, C.A., succeeding
temporal (min.
58 O.G. 4750]. period)
Penalties Limitation: 30 years. In no case shall the total
Nth of the two (2) penalties imposed upon the
Penalty Plus
Conviction offender exceed 30 years.
Prescribe prision
3rd
d penalty correccional The imposition of such additional penalties is
mandatory and is not discretionary
Recidivism v. Reiteraction v. Quasi-Recidivism v. Habitual Delinquency
Recidivism/ Habituality/ Reiteracion/ Habitual

Quasi-Recidivism
Reincindencia Repetition Delinquency
[Art. 160]
[Art. 14 (9)] [Art. 14 (10)] [Art. 62 (5)]
As to When the Second (2nd) Crime was Committed

After conviction of After serving sentence for After conviction of 1st Within 10 years from
1st crime the 1st crime crime – but before his last release or
serving sentence for conviction
the 1st crime, or while
serving such sentence
As to the Crimes Committed
2nd conviction – Offender has been Offender is convicted At least 3
for an offense previously punished of: for a 2nd felony. convictions are
embraced in the 1. One (1) offense – to required.
same title of RPC which the law attaches Note: 1st crime may be
equal or greater penalty; a felony or offense but Offender is found
or the 2nd crime must be a guilty for the 3rd time
2. Two (2) offenses – to felony. or oftener of the
which the law attaches following crimes [T-
lighter penalty FIRE]:
1. Theft
Note: Previous and 2. Falsification
subsequent offenses 3. Less serious or
must NOT be embraced serious physical
in the same title of the Injuries
RPC. 4. Robbery
5. Estafa
As to Type of Aggravating Circumstance

Page 71 of 305
Recidivism/ Habituality/ Reiteracion/ Habitual

Quasi-Recidivism
Reincindencia Repetition Delinquency
[Art. 160]
[Art. 14 (9)] [Art. 14 (10)] [Art. 62 (5)]
Special Aggravating Extraordinary

Generic Aggravating Circumstance Circumstance Aggravating
Circumstance
As to Effect on Penalty
If not offset by any Same as recidivism but Imposes the maximum An additional penalty
mitigating not always an of the penalty for the shall be imposed.
circumstance, aggravating circumstance new offense, and
increase the as Court should exercise cannot be offset by any
penalty only to the discretion in favor of the mitigating circum-
maximum. accused if the previous stance.
offenses of the offender
are against property and
not directly against
persons and applying
habituality would result in
a penalty of death.
As to Proof/Other Requirements
Proof of Proof of Habituality Proof of Quasi- Required
Recidivism Requires presentation of Recidivism Allegations in
It is necessary to certified copies of the Requires the Information
allege recidivism in sentence rendered presentation of a The information must
the information against the accused certified copy of the contain dates of
and to attach except when the sentence convicting an [PLO]:
thereto certified defendant pleads guilty to accused [People v. 1. Commission of
copies of the the information alleging Gaorana, G.R. Nos. Previous crimes
sentences reiteracion [People v. 109138-39 (1998)]. 2. Last conviction or
rendered against Monterey y Quindoza, release
the accused. G.R. No. 109767 (1996)]. 3. Other previous
convictions or
The trial court may releases [People v.
still give such Venus, G.R. No.
aggravating 45141 (1936)].
circumstance
credence if the
accused does not
object to the
presentation
[People v. Molina,
G.R. Nos. 134777-
78 (2000)].
d. Decree Penalizing Obstruction of and prosecution of criminal cases, shall be

Apprehension and Prosecution of punished:
Criminal Offenders (PD 1829) 1. Prision correccional in its maximum
period, or
2. Fine ranging from PhP 1,000 – 6,000,
Any person who knowingly or willfully
obstructs, impedes, frustrates or delays the or
3. Both
apprehension of suspects and the investigation
Page 72 of 305
Accessory v. Principal in Obstruction of Accessory Laws
Justice [Art. 19 (3)] Penalizing
Accessory Laws “Obstructi
[Art. 19 (3)] Penalizing on of
“Obstructi Justice”
on of [P.D. 1829]
Justice” crime, except
[P.D. 1829] light felonies
As to Acts Harboring, Knowingly
Punished concealing, or or willfully
assisting in the obstructing,
C. PENALTIES
escape of the impeding,
principal of the frustrating, 1. Imposable Penalties
crime or delaying
the Prescribed v. Imposable Penalty v. Penalty
apprehensi Actually Imposed
on of Penalty
suspects Prescribed Imposable
Actually
and the Penalty Penalty
Imposed
investigatio As to Definition
n and An initial Penalty after A single
prosecution penalty as a the attending or fixed
of criminal general modifying penalty
cases prescription circumstances (also
As to Offender is Offender is for the have been called a
Liability of merely an liable as the felonies appreciated straight
the accessory to principal of defined penalty)
Offender the crime P.D. 1829. therein chosen
charged and which by the
another person consists of a court
is charged as range of
the principal. period of
As to If committed Applies to time.
Crimes by private any crime Example: As Applied to homicide
Applicabl person – only Reclusion One ordinary 17 years,
e applies to the temporal aggravating 4 months
specified and no and 1 day
crimes (e.g., mitigating of
treason, circumstances: reclusion
parricide, reclusion temporal
murder, attempt temporal in its
against the life maximum
of the period
President, or
principal is
habitually guilty 2. Classification
of another
crime) MAJOR CLASSIFICATION
1. Principal Penalties. Those expressly
If committed imposed by the court in the judgment of
by public conviction.
officer 2. Accessory Penalties. Those that are
– applies to any deemed included in the imposition of the
principal penalties.
Page 73 of 305
3. Subsidiary Penalties. Those imposed in b. Afflictive
lieu of principal penalties, i.e., imprisonment c. Correctional
in case of inability to pay the fine [REYES, d. Light
Book 1].
3. Duration and Effects
Either Principal or Accessory
The following may be principal or accessory SCALE OF PRINCIPAL PENALTIES [Art. 25,
penalties, because they are formed in the two RPC]
general classes: [REYES, Book 1] 1. Capital Punishment: Death
1. Perpetual or temporary absolute
disqualification 2. Afflictive Penalties [RP, RT, PAD, TAD,
2. Perpetual or temporary special PSD, TSD, PM]
disqualification (e.g., Arts. 226-228, a. Reclusion Perpetua
RPC) b. Reclusion Temporal
3. Suspension (e.g., Art. 236, RPC) c. Perpetual or Temporary Absolute
Disqualification
OTHER CLASSIFICATIONS d. Perpetual or Temporary Special
1. According to Divisibility [REYES, Book Disqualification
1] e. Prision Mayor
Divisible. Those that have fixed duration 3. Correctional Penalties [PC, AM, S, Des]
and can be divided into three periods: a. Prision Correccional
minimum, medium, maximum. b. Arresto Mayor
a. Reclusion temporal c. Suspension
b. Prision mayor d. Destierro
c. Prision correccional
d. Suspension 4. Light Penalties [Am,Pc]
e. Destierro a. Arresto menor
f. Arresto mayor b. Public censure
g. Arresto menor
5. Penalties Common to the Three
Indivisible. Those that have no fixed Preceding Classes [FB]
duration. a. Fine
a. Death b. Bond to keep the peace
b. Reclusion perpetua
c. Perpetual absolute/special Scale of Accessory Penalties
disqualification 1. Perpetual or Temporary Absolute
d. Public censure Disqualification
2. Perpetual or Temporary Special
2. According to Subject-Matter Disqualification
a. Corporal – Death. 3. Suspension from public office, the right
b. Deprivation of freedom – to vote and be voted for, the profession
Reclusion, prision, arresto. or calling
c. Restriction of freedom – Destierro. 4. Civil Interdiction
d. Deprivation of Rights – 5. Indemnification
Disqualification, suspension. 6. Forfeiture or confiscation of
e. Pecuniary – Fine. instruments and proceeds of the
offense
3. According to Gravity [Art. 9, 25, and 26, 7. Payment of costs
RPC]
a. Capital
Penalties involving Death/Imprisonment (Deprivation of Freedom)
Page 74 of 305
Penalty Duration Accessories
Capital Punishment
Death Indivisible
Death, when Indivisible 1. Perpetual absolute disqualification; and
not executed 2. Civil interdiction for 30 years, if not expressly remitted in the
due to pardon pardon [Art. 40, RPC]
or
commutation
(REPEALED)
Afflictive Penalties
Reclusion 20 years & 1. Civil interdiction for life or during the period of the sentence as
Perpetua 1 day to 40 the case may be
years 2. Perpetual Absolute Disqualification which the offender shall
(Indivisible suffer even though pardoned as to the principal penalty, unless the
) [Art. 27, same shall have been expressly remitted in the pardon [Art. 41,
RPC] RPC]
Reclusion 12 years & 1. Civil interdiction for life or during the period of the sentence as
Temporal 1 day to 20 the case may be.
years [Art. 2. Perpetual Absolute Disqualification which the offender shall
27, RPC] suffer even though pardoned as to the principal penalty, unless the
same shall have been expressly remitted in the pardon [Art. 41,
RPC].
Prision 6 years & 1. Temporary Absolute Disqualification
Mayor 1 day to 12 2. Perpetual Special Disqualification from the right to suffrage
years [Art. which the offender shall suffer although pardoned as to the
27, RPC] principal penalty unless the same shall have been expressly
remitted in the pardon [Art. 42, RPC].
Correctional Penalties
Prision 6 months 1. Suspension from public office
Correccional & 1 day to 2. Suspension from the right to follow a profession or calling
6 years 3. Perpetual Special Disqualification for the right of suffrage, if the
[Art. 27, duration of the imprisonment shall exceed 18 months [Art. 43,
RPC] RPC]
Arresto Mayor 1 month & 1. Suspension of right to hold office
1 day to 6 2. Suspension of the right of suffrage during the term of the
months sentence [Art. 44, RPC]
[Art. 27,
RPC]
Light Penalties
Arresto 1 day to 30 1. Suspension of right to hold office
Menor days [Art. 2. Suspension of the right of suffrage during the term of the
27, RPC] sentence [Art. 44, RPC]
Penalties involving Deprivation of Rights

Penalty Duration Effects
Afflictive Penalties
1. Deprivation of public office, even if by
Perpetual election
Absolute 2. Deprivation of right to vote & be voted
For life
Disqualification for
3. Disqualification from public office held
4. Loss of retirement rights [Art. 30, RPC]
Page 75 of 305
1. Deprivation of public office, even if by
6 years & 1 day to 12 years
election
Temporary except when disqualify-cation
2. Deprivation of right to vote & be voted
Absolute penalty is imposed as an
for during sentence
Disqualification accessory penalty, in which case
3. Disqualification from public office held
its duration shall be that of the
during sentence
principal penalty [Art. 27, RPC].
4. Loss of retirement rights [Art. 30, RPC]
1. Deprivation of office, employment,
profession, or calling affected
Perpetual 2. Disqualification from similar offices or
Special For life employments [Art. 31, RPC]
Disqualification 3. Right to suffrage (vote in any popular
election for public office or be elected to
such office) [Art. 32, RPC]
6 years & 1 day to 12 years 1. Deprivation of office, employment,
except when disqualification profession, or calling affected
Temporary penalty is imposed as an 2. Disqualification from similar offices or
Special accessory penalty, in which case employment [Art. 31, RPC]
Disqualification its duration shall be that of the 3. Right to suffrage (vote in any popular
principal penalty [Art. 27, RPC]. election for public office or be elected to
such office) [Art. 32, RPC]
Correctional Penalties
6 months & 1 day to 6 years 1. Public office
except when the penalty of 2. Profession or calling
disqualification is imposed as an 3. Suffrage [Art. 33, RPC]
Suspension
accessory penalty, in which case
its duration shall be that of the
principal penalty [Art. 27, RPC].
6 months & 1 day to 6 years [Art. Prohibition to enter within 25-250 km
Destierro 27, RPC] radius from the designated place [Art. 87,
RPC]
1. Capital Punishment 1. Prohibition on death penalty [Sec. 1,

R.A. 9346]
The death penalty shall be imposed in all cases 2. Repeal of R.A. 8177 (Act Designating
in which it must be imposed under existing Death by Lethal Injection) and R.A.
laws, except in the following cases (reclusion 7659 (Death Penalty Law) [Sec. 1, R.A.
perpetua shall be imposed): 9346]
1. When the guilty person be more than 3. In lieu of death penalty, following shall
seventy (70) years of age or below be imposed:
eighteen (18) years of age at the time a. Reclusion perpetua - if the
of the commission of the crime [Art. 47, law violated uses the RPC’s
RPC, as amended by R.A. 9344] nomenclature; and
2. When upon appeal or automatic review b. Life imprisonment - if it does
of the Supreme Court, the required not [Sec. 2, R.A. 9346]
majority vote is not obtained for the
imposition of the death penalty [Art. 47, Constitutional Prohibition
RPC, as amended by R.A. 9346]. In the constitutional prohibition on death
penalty [Art. III, Sec. 19(1), 1987 Constitution],
Abolition of Death Penalty the latter is placed in a “suspensive condition”
R.A. 9346 (Act Prohibiting the Imposition of or in a “state of hibernation.” It is included in the
Death Penalty) provides for: computation of penalty but not imposed.
Page 76 of 305
"Death" as used in Art. 71, RPC, shall no longer Cadena Reclusion
form part of the equation in the graduation of Perpetua (Life Perpetua
penalties. For example, the determination of Imprisonment)
his penalty for attempted rape shall be As to Imposed for Prescribed
reckoned not from two degrees lower than Offenses serious under the
death, but two degrees lower than reclusion offenses RPC
perpetua [People v. Bon, G.R. No. 166401 penalized by
(2006)]. special laws
As to No accessory With
Note: that the death penalty remains in the Accessory penalties accessory
RPC; R.A. 9346 merely prohibits its imposition. Penalties penalties
As to Does not Entails
Heinous Crimes Remain “Heinous.” Duration appear to have imprisonm
Debarring the death penalty through R.A. 9346 any definite ent for at
did not declassify those crimes previously extent or least 30
catalogued as "heinous" (in R.A. 7659). R.A. duration years after
9346’s amendments extend only to the which the
application of the death penalty but not to the convict
definition or classification of crimes. It does not becomes
serve as a basis for the reduction of civil eligible for
indemnity and other damages that adhere to pardon
heinous crimes [People v. Bon, supra]. although
the
2. Reclusion Perpetua maximum
period shall
Duration in no case
In R.A. 7659, the penalty of reclusion perpetua exceed 40
is now accorded a defined duration ranging years
from twenty (20) years and one (1) day to forty
(40) years. A.M. No. 15-08-02-SC, in rel. to Sec. 3, R.A.
9346
Indivisibility Conditions Effect
Reclusion perpetua remains to be an indivisible Convicted of Ineligible for parole under
penalty and, when it is the prescribed penalty, offense Indeterminate Sentence
should be imposed in its entirety, i.e., reclusion punished with Law (ISLAW)
perpetua sans a fixed period for its duration, or reduced to
regardless of any mitigating or aggravating reclusion
circumstance that may have attended the perpetua
commission of the crime [People v. Ticalo, When death No need to use
G.R. No. 138990 (2002)]. penalty is not qualification of “without
warranted eligibility for parole” as
Considering that it is an indivisible penalty, it is convicted persons
also unnecessary for the court to specify the penalized with an
length of imprisonment [People v. Ramirez, indivisible penalty are not
G.R. No. 138261 (2001)]. eligible for parole
When death Must use qualification
Life Imprisonment v. Reclusion Perpetua penalty is “without eligibility for
[People v. Ballabare, G.R. No. 108871 (1996)] warranted, if parole” to qualify
not for R.A. reclusion perpetua and to
9346 emphasize that the
accused should have
been sentenced to suffer
Page 77 of 320
the death penalty if not prescription of a crime and not the prescription
for R.A. 9346. of a penalty is the question [People v. Yu Hai,
G.R. No. L-9598 (1956)].
3. Destierro Rules in Fines
1. The court can fix any amount of the fine
Applicability within the limits established by law but
Destierro applies in the following cases: [F- must consider:
ICE] a. Mitigating and aggravating
1. In case of Failure to give bond for good circumstances
behavior [Art. 284, RPC] b. Wealth or means of the culprit
2. Serious physical Injuries [Art. 66, RPC]
3. Penalty of Concubine in concubinage 2. When the law does not fix its minimum
[Art. 334, RPC] – the determination of the amount of
4. Death under Exceptional circumstance fines is left to the sound discretion of
[Art. 247, RPC] the court, provided within the maximum
5. In cases where after reducing the authorized by law [People v. Quinto,
penalty by one or more degrees, G.R. No. 40934 (1934)].
destierro is the proper penalty. 3. Fines are not divisible
[REYES, Book 1]
Increasing or Reducing Fine
Duration Fines are graduated into degrees when
Destierro lasts from 6 months and 1 day to 6 imposing them upon accomplices and
years [Art. 27, RPC]. accessories or in principals in
frustrated/attempted felonies [Arts. 50-57,
Nature of Destierro RPC].
Those sentenced to destierro are not allowed
to enter the place/s designated in the sentence If it is necessary to increase/reduce the penalty
or within the 25-250 km. radius specified [Art. of fine by 1 or more degrees it shall be
87, RPC]. increased/reduced respectively or each degree
by one-fourth (¼) of the maximum
Although destierro does not constitute prescribed amount by law without changing
imprisonment, it is still a deprivation of liberty. the minimum. This shall also be observed with
Art. 29 of the RPC applies when the penalty is fines that are made proportional [Art. 75, RPC].
destierro [People v. Bastasa, G.R. No. L-32792
(1979)]. This does not apply when there is no minimum
amount fixed by law, in which case the amount
Penalties Common to Afflictive, imposed is left to the sound discretion of the
Correctional, and Light Penalties courts [People v. Quinto, G.R. No. L-40934
(1934)].
4. Fines
Fine with Minimum v. Fine Without
Classification of Penalties Maximum
[Art. 26, RPC, as amended by Sec. 2, RA Fine With Fine
10951] Minimum Without
Afflictive More than Php1,200,000 Minimum
Php40,000 to As to What In both, the law fixes the
Correctional Fixes the maximum of the fine.
Php1,200,000
Light Below Php40,000 Maximum
As to the The Court The Court
Court cannot can impose
Classification of Penalty
Imposing change the any amount
Art. 26 merely classifies fine and has nothing
the minimum. not
to do with the definition of offenses. Hence,
Minimum exceeding
Art. 9 should prevail over Art. 26 where the
Page 78 of 320
Fine With Fine Bond to Keep Peace v. Bail Bond
Minimum Without Bond to Bail Bond
Minimum Keep the
the Peace
maximum. As to Penalty for Posted to
When Court The Court The Court Purpose/ offense of provisional
Also Fixed can impose cannot Applicability grave/light release of a
the an amount impose an threat person
Maximum higher than amount arrested/
the higher than accused of a
maximum. the crime
maximum.
Termination of Parental Authority
5. Bond to Keep Peace Unless subsequently revived by a final
judgment, parental authority also terminates
Effect of Penalty: [2SDD] [Art. 229, RPC]:
1. Offender must present two (2) sureties 1. Upon judicial declaration of
who shall undertake that the offender abandonment of the child in a case filed
will not commit the offense sought to be for the purpose; or
prevented and that they will pay a 2. Upon final judgment of a competent
court-determined amount if said court divesting the party concerned of
offense be committed. parental authority; xxx
2. Offender must Deposit amount to the
clerk of court. 4. Application
3. Offender must be Detained if he cannot
give the bond. When Duration of Penalty Begins [Art. 28,
a. Grave/less grave felonies - not RPC]
more than 6 months When Duration of
b. Light penalties - not more than Scenario
Penalty Commences
30 days for light penalties. [see When offender is Duration of
Art. 35, RPC] in prison temporary penalties
is from the day on
Duration which the judgment of
The bond to keep the peace shall be required conviction becomes
to cover such period of time as the court may final.
determine [Art. 27, RPC, as amended by R.A. When offender is Duration of penalty
7659]. not in prison consisting of
deprivation of liberty
Applicability is from the day the
offender is placed at
General Rule: Since according to Art. 21 no the disposal of judicial
felony shall be punishable by any penalty not authorities for the
prescribed by law prior to its commission, and enforcement of the
the bond to keep the peace is not specifically penalty.
provided for by the Code for any felony, it shall For other From the day on
be required to cover such a period of time as penalties which the offender
the court may determine [As amended by
commences to serve
Section 21, R.A. No. 7659]. his sentence.
When the From the date of the
Exception: Bond to keep the peace is
accused, who promulgation of the
required of a person making a grave or light
was in custody, decision of the
threat [Art. 284, RPC].
appealed appellate court.
Page 79 of 320
When Duration of Other Rules [Art. 29, RPC]
Scenario
Penalty Commences Scenario Effect
[Ocampo v. CA, G.R. If detention Credited in the
No. L-7469 (1955)] prisoner does not service of his
Temporary Penalties agree to abide by sentence with four-
If offender is From day on which the same fifths (4/5) of the
undergoing the judgment of disciplinary rules time during which he
preventive conviction becomes imposed upon has undergone
imprisonment final, but offender is convicted preventive
entitled to a deduction prisoners imprisonment (as
of full time or 4/5 of amended by R.A.
the time of detention 6127).
If offender is not From the day on If accused’s period Released
under detention which the offender of preventive immediately without
because offender commences to serve imprisonment is prejudice to the
was released on his sentence equal to/more than continuation of the
bail the possible max. trial thereof or the
imprisonment of proceeding on
Examples of Temporary Penalties: the offense appeal, if the same
1. Temporary absolute disqualification charged to which is under review (as
2. Temporary special disqualification he may be amended by EO
3. Suspension sentenced and his 214, 1988).
case is not yet
Examples of penalties consisting in terminated Exceptions: If the
deprivation of liberty: accused is absent
1. Imprisonment without justifiable
2. Destierro cause at any stage
of the trial, court
Rules in Deducting Period of Preventive may motu proprio
Imprisonment [Art. 29, RPC] order the rearrest of
the accused.
General Rule: Offenders who underwent Recidivists, habitual
preventive imprisonment shall be credited in delinquents,
the service of their sentence consisting of escapees and
deprivation of liberty, with the full time during persons charged
which they were under preventive with heinous crimes
imprisonment, if they agree voluntarily in are also excluded.
writing to abide by the same disciplinary rules If maximum Released after thirty
imposed upon convicted prisoners. penalty to which (30) days of
the accused may preventive
Exceptions: be sentenced is imprisonment (as
1. They are recidivists/have been destierro amended by E.O.
convicted previously twice or more 214, 1988).
times of any crime; and If penalty imposed Convict should be
2. They failed to surrender voluntarily after trial is less released
when summoned for the execution of than the full time immediately
their sentence. or four-fifths of the [REYES, Book 1].
time of the
Note: Credit for preventive imprisonment for preventive
the penalty of reclusion perpetua shall be imprisonment
deducted from 30 years.
Page 80 of 320
a. Subsidiary Imprisonment Duration of
Penalty Imposed Subsidiary
Definition Imprisonment
It is imposed upon the accused and served by confinement, but same rules as in the
him in lieu of the fine which he fails to pay on of fixed duration first 3 cases above.
account of insolvency [People v. Alapan, G.R. Convict shall pay the
In case financial
No. 199527 (2018)] at the rate of one day for fine, notwithstanding
circumstances of
each amount equivalent to the highest fact that he suffered
the convict
minimum wage rate prevailing in the subsidiary personal
should improve
Philippines at the time of the rendition of liability therefor.
judgment of conviction by the trial court,
subject to rules provided for in Article 39 [Art. Not an Alternative
39, RPC, as amended by R.A. 10159]. A convict—who has property (a) not exempt
from execution and (b) sufficient enough to
Nature meet the fine—cannot choose to serve the
It is NOT an accessory penalty. Therefore, the subsidiary penalty [Art. 39, par. 5, RPC].
culprit cannot be compelled to serve subsidiary
imprisonment unless the judgment expressly When Not Applicable
so provides [People v. Fajardo, G.R. No. 43466 1. When the penalty imposed is higher
(1938)]. than prisión correccional [Art. 39, par.
3, RPC]
Accordingly, an accused cannot be made to 2. For failure to pay the reparation of the
undergo subsidiary imprisonment in case of damage caused, indemnification of the
insolvency to pay the fine imposed upon him consequential damages, and the costs
when the subsidiary imprisonment is not of the proceedings
imposed in the judgment of conviction [Ramos 3. When the penalty imposed is a fine and
v. Gonong, G.R. No. L-42010 (1976)]. a penalty not to be executed by
confinement in a penal institution and
Rules as to Subsidiary Imprisonment [Art. which has no fixed duration
39, RPC]
Duration of Note: Subsidiary imprisonment can be
Penalty Imposed Subsidiary imposed for violation of special laws pursuant
Imprisonment to Art. 10 of the RPC, which provides that the
Shall not exceed 1/3 RPC shall be supplementary to special laws;
of the term of the unless, the special law provides that
sentence and shall subsidiary imprisonment shall not be imposed
Prisión
not continue for more [Art. 10, RPC; Jao Yu v. People, G.R. No.
correccional or
than 1 year. 134172 (2004)].
arresto; and fine
Fraction or part of a b. Indeterminate Sentence Law (Act
day not counted. No. 4103, as amended)
Grave or less grave
felony: Shall not a. Indeterminate Sentence Law
exceed 6 months. (R.A. 4103, As Amended by Act No.
Fine Only
4225)
Light felony: Shall not
exceed 15 days.
Purpose
Higher than
No subsidiary The law is intended to favor the defendant,
prisión
imprisonment. particularly to shorten his term of
correccional
imprisonment, depending upon his behavior
Same deprivations as and his physical, mental and moral record as a
Penalty not to be
those of the principal prisoner, to be determined by the Board of
executed by
penalty, under the Indeterminate Sentence.
Page 81 of 320
Why “Indeterminate Sentence” 6. Those sentenced to the penalty of
After serving the minimum, the convict may Destierro or Suspension.
be released on parole, OR if he is not fitted for 7. Convicted of misprision of Treason,
release, he shall continue serving his sentence Rebellion, Espionage, Sedition.
until the end of the maximum [People v. 8. Convicted of Treason, conspiracy or
Ducosin, G.R. No. L-38332 (1933)]. proposal to commit treason
9. Those who Violated the terms of
Mandatory conditional pardon granted to them by
Application of Indeterminate Sentence Law the Chief Executive
(ISLAW) is mandatory because the law 10. Those who had been sentenced by
employs the phrases “convicts shall be final Judgment at the time of the
sentenced” and “the court shall sentence the approval of this law.
accused to an indeterminate sentence”
[People v. Yu Lian, CA 40 OG 4205]. Note: ISLAW was approved on June 19, 1965.
Applicability Maximum and Minimum Terms

Law Maximum Minimum
General Rule: Applicable to those sentenced Term Term
with imprisonment exceeding one (1) year. RPC Penalty which Court’s
● Application of the law is based on could be discretion,
the penalty actually imposed. Hence, properly provided that
in a case where the court imposes a imposed under the minimum
penalty of prisión correccional the rules of the term is
minimum (6 months and 1 day), ISLAW RPC, in view of anywhere
does not apply [People v. Moises, G.R. the attending within the
No. L-32495 (1975)]. circumstances. range of the
penalty next
Exceptions: Basis: lower to that
Not applicable when unfavorable to the Imposable prescribed by
accused [People v. Nang Kay, G.R. No. L- penalty (after the RPC for
3565 (1951)] considering the offense,
mitigating or without
The following are excluded from coverage: aggravating regard to its 3
[Sec. 2, ISLAW] circumstances) periods [Sec.
1. Convicted of Piracy [Sec. 1, ISLAW] 1, ISLAW].
2. Habitual delinquents (but applies to
recidivists). Basis:
3. Convicted of offenses punished with Prescribed
death penalty or Life imprisonment. penalty, not
the imposable
However, when there are two penalty
mitigating circumstances, despite the [People v.
offense being punishable by reclusion Temporada,
temporal to death, ISLAW applies supra].
[People v. Roque, G.R. No. L-3513 Special Maximum term Minimum term
(1951)]. Law shall not shall not be
4. Those who shall have escaped from exceed the less than
confinement or Evaded service of maximum fixed minimum
sentence by the special specified by
5. Those whose maximum term of law [Sec. 1, the law.
imprisonment does Not exceed one ISLAW].
year. Exception:
When the
Page 82 of 320
Law Maximum Minimum Rules in Authorizing Prisoner to be
Term Term Released on Parole
Presence of special law Whenever the prisoner shall have served the
attending adopts the minimum penalty imposed on him, and it shall
circumstances technical appear to the Board of Indeterminate Sentence
does not affect nomenclature that such prisoner is fitted for release, the
the imposition and Board may authorize his release on parole,
of the penalty. signification of upon terms and conditions as may be
penalties prescribed.
Exception: under RPC,
When the indeterminate Whenever the prisoner on parole during the
special law sentence is period of surveillance violates any of the
adopts the based on rule conditions, Board may issue an order for his
technical intended for arrest where the prisoner shall serve the
nomenclature crimes unexpired portion of the maximum sentence
and signification punishable by [Secs. 6 and 8, R.A. 4103, as amended by Act
of penalties RPC [Imbo v. No. 4225].
under RPC, People,
indeterminate supra]. OTHER RULES IN APPLICATION OF
sentence is PENALTIES
based on rule 1. Incomplete Accident
intended for a. If guilty of grave felony: Arresto
crimes mayor in its maximum period to
punishable by prision correccional in its minimum
RPC [Imbo v. period
People, G.R. b. If guilty of less grave felony:
No. 197712 Arresto mayor in its minimum and
(2015)]. medium periods [Art. 67, RPC]
FACTORS IN FIXING MINIMUM PENALTY 2. Incomplete Exemption or Justification

[People v. Ducosin, G.R. No. 38332 (1933)] a. When deed is not wholly excusable
by reason of lack of some conditions
Criminal as an individual required for exempting or justifying
1. Age of the criminal circumstances – a penalty lower by
2. General health and physical conditions one or two degrees shall be imposed,
3. Mentality, heredity and personal habits provided that majority of the
4. Previous conduct, environment, mode conditions are present [Art. 69, RPC].
of life, and criminal record b. Incomplete justification is a privileged
5. Previous education (intellectual & mitigating circumstance (it cannot be
moral) offset by aggravating circumstances)
6. Proclivities and aptitudes for [People v. Ulep, supra].
usefulness or injury to society
7. Demeanor during trial and attitude with 3. Incomplete Self-Defense, Defense of
regard to the crime committed Relatives and Strangers
8. Gravity of the offense a. Unlawful Aggression – should
always be present to be appreciated
Criminal as a member of society as a mitigating circumstance [U.S. v.
1. Relationship toward his dependents, Navarro, 7 Phil. 713].
family and associates, and their b. Ordinary mitigating circumstance
relationship with him – if only unlawful aggression is
2. Relationship towards society at large present.
and the State c. Privileged mitigating circumstance
– if two of the three requisites are
Page 83 of 320
present [People v. Oanis, G.R. No. L- prescribed by
47722 (1943)]. Special laws
[REYES, Book 1]
4. Impossible Crimes - The penalty for
persons who committed impossible crimes Indivisible Penalties [DeRPP]
[Art. 4(2), RPC] is arresto mayor or a fine 1. Death
(Php200 – 500) [Art. 59, RPC]. 2. Reclusion Perpetua
3. Public censure
5. Graduation of Penalties
Divisible Penalties [Ret-PriMaCo-AMaMe-D]
Degree v. Period 1. Reclusion Temporal
Degree Period 2. Prision Mayor
Definition 3. Prision Correccional
One entire penalty; One of three equal 4. Arresto Mayor
one whole penalty portions, called 5. Destierro
or one unit of the minimum, medium 6. Arresto Menor [REYES, Book 1]
penalties and maximum, of a
enumerated in the divisible penalty. Imposition of Penalty
graduated scales
provided for in Art. Rule: Whenever the law prescribes a penalty
71 [ESTRADA, for a felony is general terms, it shall be
Book 1] understood as applicable to the consummated
How Affected felony [Art. 46, RPC].
Graduation of General Rule:
Degrees Imposable
penalties by Graduation by
degrees considers periods considers Consum- Frustra Attemp
mated -ted -ted
the following: [S- the ordinary
MC-QC] aggravating and Principal 0 1 2
1. Stages of mitigating Accompl 1 2 3
execution circumstances [RPC, -ice
(consummated, Art. 64]. Accesso 2 3 4
frustrated, -ry
attempted) [Art. Exceptions:
61, RPC] [SINFiS] “0” represents the penalty prescribed by law in
2. Extent of 1. When the defining a crime, which is to be imposed on the
Participation penalty is Single PRINCIPAL in a CONSUMMATED OFFENSE,
(principal, and Indivisible in accordance with the provisions of Art. 46.
accomplice, (except if
accessory) [Art. privileged The other figures represent the degrees to
61, RPC] mitigating) which the penalty must be lowered, according
3. Privileged 2. In felonies to the stage of execution and extent of
Mitigating through participation of the accused.
circumstance Negligence [Art.
alleged in the 365, RPC] Exceptions: Arts. 50 to 57 shall not apply to
Information 3. When the cases where the law expressly prescribes
[Arts. 68 and 69, penalty is only a the penalty for frustrated or attempted felony,
RPC] Fine imposed by or to be imposed upon accomplices or
4. Qualifying an ordinance accessories. [Art. 60, RPC]
circumstance [People v. Kuan,
alleged in the G.R. No. L- Accomplice Punished as Principal
Information 48515 (1942)] 1. The ascendants, guardians, curators,
4. When the teachers and any person who, by abuse of
penalties are authority or confidential relationship, shall
Page 84 of 320
cooperate as accomplices in the crimes of Next Lower
Scenario
rape, acts of lasciviousness, seduction, Degree
corruption of minors, white slave trade or Prision Arresto Mayor
abduction [Art. 346, RPC] e.g. Correccional to
2. One who furnished the place for the Prision Mayor
perpetration of the crime of slight illegal Penalty is The medium
detention [Art. 268, RPC] composed of and minimum
two indivisible period of the
Accessory Punished: penalties and divisible penalty
1. As Principal: Art.
the maximum and the
a. Knowingly concealing certain evil 61(3)
period of a maximum of the
practices enumerated in Art. 142 divisible penalty immediately
b. Obstruction of justice — See discussion following
under accomplices. penalty
Reclusion Prision Mayor in
2. With a Penalty One Degree Lower: Temporal in its its maximum to
a. Knowingly using counterfeited seal or e.g. maximum Reclusion
forged signature or stamp of the period to Death Temporal in its
President. [Art. 162, RPC] medium
b. Illegal possession and use of a false When the The medium
treasury or bank note. [Art. 168, RPC] penalty is and minimum
c. Using falsified document. [Art. 173, composed of period of the
par.3, RPC] one indivisible divisible penalty
d. Using falsified dispatch. [Art. 173, par. 2, Art. penalty and the and the
RPC] 61(3) maximum maximum of
period of a that
Rules for Graduating Penalties by Degree divisible penalty immediately
Next Lower following
Scenario
Degree penalty
When the The penalty that Reclusion Prision Mayor in
penalty is single follows the Temporal in its its maximum to
Art. and indivisible single and maximum Reclusion
61(1) indivisible e.g.
period to Temporal in its
penalty in Art. Reclusion medium
71 Perpetua
Reclusion Reclusion Penalty Penalty
e.g.
Perpetua Temporal prescribed by consisting in the
When the Penalty that RPC consists in 3 periods down
penalty is follows the 3 periods, in the scale
Art.
composed of lesser of the two corresponding
61(2)
two indivisible in Art. 71 to different
penalties divisible
Reclusion Reclusion Art.
penalties
e.g. Perpetua to Temporal 61
Penalty Penalty
Death (4&5)
prescribed by consisting in the
Penalty is The penalty RPC consists in 2 periods down
composed of immediately 2 periods in the scale
one or more following the Penalty Next period
Art.
divisible lesser of the prescribed by down in the
61(2)
penalties to be divisible RPC consists in scale
imposed to their penalties in Art. 1 period
full extent 71
Page 85 of 320
Effect of Mitigating and Aggravating Scenario Effect
Circumstances in Application of the Rules [People v. Formigones,
for Graduating Penalties G.R. No. L-3246 (1950)]
The penalty prescribed by the RPC for the
crime is the basis, without regard to the Exception: Privileged
mitigating or aggravating circumstances which mitigating circumstance
attended the commission of the crime. It is only under Art. 68 or 69 is
after the penalty next lower in degree is already present [People v.
determined that mitigating/aggravating Galang, G.R. No. 70713
circumstances should be considered [REYES, (1989)].
Book 1]. Both present Offset
Privileged Mitigating Circumstance 3. Composed of Three Periods

Those rules also apply in lowering the penalty
by one or two degrees by reason of the Rules for the Application of Penalties
presence of privileged mitigating Containing Three Periods [Art. 64, RPC]
circumstances [Arts. 68 and 69], or when the Scenario Effect
penalty is divisible and there are two or more No AC; No MC Imposed in its medium
mitigating circumstances (generic) and no period.
aggravating circumstance [Art. 64]. 1 MC; No AC Imposed in its minimum
period.
Effects of Mitigating or Aggravating 1 AC; No MC Imposed in its maximum
Circumstances period.
Circumstance Effect Both MC and Court shall reasonably
Increase the penalty AC present offset those of one class
Aggravating without exceeding the against the other
Circumstance maximum provided by according to their relative
law weight.
Mitigating Diminish the penalty 2 or more MC; Penalty next lower in
Circumstance No AC degree to that prescribed
Increases the penalty by law, in the period that it
because of recidivism, may deem applicable,
Habitual which is generally implied according to the number
Delinquency in habitual delinquency. and nature of such
Also imposes an circumstances [RPC, Art.
additional penalty. 64]
[Art. 62, RPC] 2 or more AC; Imposed in its maximum
No MC period.
RULES FOR GRADUATION OF PERIODS
When penalty is: Note: In imposing the maximum period, the
1. Single Indivisible: Shall be applied Court must specify its justification for imposing.
regardless of any mitigating or aggravating By not specifying the justification for imposing
circumstances [Art. 63, RPC]. the ceiling of the period of the imposable
penalty, the fixing of the indeterminate
2. Two indivisible penalties [Art. 63, RPC] sentence became arbitrary, or whimsical, or
Scenario Effect capricious [Ladines v. People, G.R. No.
1 AC; No MC Greater penalty 167333 (2016)].
No MC; No AC Lesser penalty
1 MC; No AC Lesser penalty 4. Not Composed of Three Periods
2 or more MC; Lesser penalty. Penalty
No AC cannot be lowered by one 1. Let X be
degree no matter how X = (maximum of prescribed penalty -
many MCs are present. (minimum of prescribed penalty - 1 day))/3
Page 86 of 320
Illustration
Minimum Maximum
If prescribed penalty for a felony is prision
mayor, which ranges from 6 years
Min. 6 years and 8 years
(minimum of prescribed penalty) and 1 day
Period 1 day
to 12 years (maximum of the prescribed
penalty). Then:
Med. 8 years and 1 10 years
12 𝑦𝑒𝑎𝑟𝑠 − (6 𝑦𝑒𝑎𝑟𝑠 𝑎𝑛𝑑 1 𝑑𝑎𝑦 − 1 𝑑𝑎𝑦)
Period day
=
3 Max. 10 years and 1 12 years
12𝑦𝑒𝑎𝑟𝑠 − (6 𝑦𝑒𝑎𝑟𝑠)
= Period day
3
𝑋 = 2 𝑦𝑒𝑎𝑟𝑠
3. To check if the computation is correct, the
2. For the minima and maxima of the minimum, maximum of the maximum period (as
medium, and maximum periods, use the computed in Step 2 should be equal to the
following formulae: maximum of the prescribed penalty.
Minimum Maximum Maximum of the max. period in Step 2 =

12 years
Min. minimum of minimum of
Period prescribed prescribed Maximum of prision mayor = 12 years
penalty penalty
+X OTHER RULES IN APPLICATION OF
PENALTIES
Med. minimum of minimum of 1. Incomplete Accident
Period prescribed prescribed a. If guilty of grave felony: Arresto mayor
penalty penalty -1 day in its maximum period to prision
+X +2X correccional in its minimum period
b. If guilty of less grave felony: Arresto
Max. minimum of minimum of mayor in its minimum and medium
Period prescribed prescribed periods [Art. 67, RPC]
penalty penalty -1 day
+2X +3X 2. Incomplete Exemption or Justification
a. When deed is not wholly excusable by
Using the example of prision mayor, with X = 2 reason of lack of some conditions
years as computed in Step 1, and applying required for exempting or justifying
these numbers to the formulae in the above circumstances – a penalty lower by one
table, we have: or two degrees shall be imposed,
provided that majority of the conditions
are present. [Art. 69, RPC]
Minimum Maximum b. When the exempting circumstance
has only two (2) requisites - the
Min. 6 years and 6 years and 1 presence of one element is sufficient
Period 1 day day -1 day [REYES, Book 1]
+ 2 years c. Incomplete justification is a privileged
mitigating circumstance (it cannot be
Med. 6 years and 6 years and 1
offset by aggravating circumstances).
Period 1 day day -1 day
[People v. Ulep, supra.]
+(2 years) + 2(2 years)
Max. 6 years and 6 years and 1 3. Incomplete Self-Defense, Defense of

Period 1 day day -1 day Relatives and Strangers
+2(2 years) + 3(2 years) a. Unlawful Aggression - should always
be present to be appreciated as a
Which can be simplified as: mitigating circumstance. [U.S. v.
Page 87 of 320
Navarro, G.R. No. L-1878 (1907), as Other Illustrations
cited in REYES, Book 1] Maximum Minimum
Scenario
b. Ordinary mitigating circumstance - if Term Term
only unlawful aggression is present. No MC; No Imposed in Anywhere
c. Privileged mitigating circumstance - if AC [Art. 64, its medium within the
two of the three requisites are present par. 1] period. range of the
[People v. Oanis, G.R. No. L-47722 penalty next
(1943) as cited in REYES, Book 1] lower to the
prescribed
4. Impossible Crimes - The penalty for penalty.
persons who committed impossible crimes
[Art. 4(2), RPC] is arresto mayor or a fine 1 ordinary Imposed in Anywhere
(Php200 – 500) [Art. 59, RPC]. MC; No AC its within the
[Art. 64, minimum range of the
ILLUSTRATIONS APPLYING RULES ON par. 2] period. penalty next
GRADUATING PERIODS AND ISLAW lower to the
prescribed
Indeterminate sentence, when there are penalty.
privileged mitigating and ordinary
mitigating circumstances. 1 AC; No Imposed in Anywhere
MC [Art. its within the
Facts: 64, par. 3] maximum range of the
● Penalty prescribed in RPC: Reclusion period penalty next
temporal in its maximum period to death lower to the
● Privileged MC: Minority prescribed
● Ordinary MC: Plea of guilty penalty.
Rule As Applied Both MC MC and AC Anywhere

Applying first the privileged Starting point: and AC shall be within the
MC, lower first the penalty Prisión present offset. range of the
prescribed by the RPC for mayor in its [Art. 64, penalty next
the offense by one degree maximum par. 4] lower to the
using the scale in Art. 71. period to prescribed
Make the penalty next reclusion penalty.
lower as the starting point temporal in
for determining the its medium Complex Penalty for Anywhere
minimum of the period. crime the more within the
indeterminate penalty. serious range of the
Determine the minimum Minimum offense penalty next
term by lowering the term: Prisión imposed in lower to the
penalty made the starting correccional its prescribed
point another degree maximum to maximum penalty.
lower. prisión period.
mayor in its
medium Penalty is Penalty two Anywhere
period. next lower degrees within the
Determine the maximum by two lower than range of the
Maximum
term by imposing in the degrees that penalty next
term: Prisión
proper period the penalty than that prescribed lower to the
mayor in its
made the starting point, prescribed by law. prescribed
maximum
applying the ordinary by law for penalty.
period
MC. the crime Imposed in
[REYES, Book 1] threatened its
Page 88 of 320
Maximum Minimum Maximum Minimum
Scenario Scenario
Term Term Term Term
and there maximum to the regardless of
is 1 AC period. penalty. its period.
(grave
threats) Imposed in
[Art. 282] its
minimum
Complex Degree Degree next period.
crime; 2 next lower lower to the
MC; No AC to that degree of the Incomplete One or two Degree next
[Arts. 48 provided by maximum defense; degrees lower to
and 64, RPC for term. No MC; No lower than maximum term
par. 5] the more AC prescribed
serious Note: When penalty
offense. there is a
privileged
Imposed in mitigating 6. Accessory Penalties
its circumstance,
maximum the starting
period. point in a. Perpetual or Temporary Absolute
determining Disqualification
the minimum
term shall not Effects [DOVDOP]
be the penalty 1. Deprivation of any public Office or
prescribed by employment of offender; even if by
the RPC but election.
the penalty 2. Deprivation of the right to Vote in any
next lower in election or to be voted upon;
degree to the 3. Disqualification for the Offices or public
prescribed employments and for the exercise of
penalty. This is any of the rights mentioned.
the exception 4. Loss of rights to retirement pay or
to the general Pension [Art. 30, RPC].
rule.
Duration
Privileged Degree Degree next 1. Perpetual Absolute Disqualification
MC and next lower lower to the during the lifetime of the convict and
ordinary to the degree of the even after the service of the sentence.
MC both penalty maximum [REYES, Book 1]
present prescribed term. 2. Temporary Absolute
by RPC. Disqualification - during the term of
the sentence, except as to:
Imposed in a. Deprivation of the public office
its or employment; and
minimum b. Loss of all rights to retirement
period. pay or other pension for any
office formerly held. [Art. 30,
2 Penalty of One degree par. 3, RPC]
privileged two lower than the
MC and 1 degrees penalty of the Additional Penalty for Certain Accessories
ordinary next lower maximum Accessories falling within Art. 19(3) of the RPC
MC term, who act with abuse of their public functions,
harbored, concealed, or assisted in the escape
Page 89 of 320
of the principal of the crime shall suffer the a. Holding such office and holding
additional penalty: another office having similar
1. Perpetual absolute disqualification – for functions during the period of
grave felonies suspension
2. Temporary absolute disqualification – b. Exercising such profession
for less grave felonies c. Exercising right of suffrage
b. Perpetual or Temporary Special Duration

Disqualification Term of the sentence. [Art. 33, RPC]
For Public Office, Profession or Calling [Art. d. Civil Interdiction

31, RPC]
1. Deprivation of the office, employment, Effects [Art. 34, RPC]
profession or calling affected; and Deprivation of the following rights: [PAG-MA-
2. Disqualification for holding similar offices or MAP]
employments during the period of a. Parental Authority
disqualification. b. Guardianship over the ward, either
as to the person or property of any
For Exercise of Right to suffrage [Art. 32, ward
RPC] c. Marital Authority
1. Deprivation of the right to vote in any d. Right to MAnage Property and to
election for popular office; and dispose of the same by acts inter
2. Deprivation of right to be elected in vivos.
such office
Note: Convict can still dispose of his property
No Denial of Right mortis causa). [REYES, Book 1]
It is presumed those convicted of a felony are
unfit to exercise the privilege of suffrage or to Other Effects under the Civil Code:
hold office. The exclusion must for this reason 1. Offer given by the convict before
be adjudged a mere disqualification, imposed acceptance is conveyed shall become
for protection and not for punishment, the ineffective [Art. 1323, NCC]
withholding of a privilege and not the denial of 2. Dissolution [of partnership] is caused by
a personal right. [People v. Corral, G.R. No. the civil interdiction of any partner [Art.
L-42300 (1936), as cited in REYES, Book 1] 1830(7), NCC]
3. Civil interdiction of a general partner
Duration dissolves the partnership, unless the
1. Perpetual Disqualification or business is continued by the remaining
Suspension – perpetually [REYES, general partners:
Book 1] a. Under a right so to do stated in the
2. Temporary Disqualification or certificate, or
Suspension - if imposed as an b. With the consent of all members [Art.
accessory penalty, the duration is the 1860, NCC].
same as that of the principal penalty. 4. Agency is extinguished by the civil
[Art. 30, par. 3(2), RPC] interdiction of the agent [Art. 1919(3),
NCC].
c. Suspension from Public Office, the
Right to Vote and be Voted for, the e. Indemnification or Confiscation of
Right to Practice a Profession or Instruments or Proceeds of the
Calling Offense
Effects Effects
Involves disqualification from: [Art. 33, RPC] Forfeiture in favor of the Government of the
proceeds of the crime and the instruments or
Page 90 of 320
tools with which it was committed. [REYES, Anti-Graft and Corrupt Practices Act [R.A.
Book 1] No. 3019]
Any prohibited interest or unexplained wealth
Rules: [REYES, Book 1] out of proportion to the offender’s lawful
1. Every penalty imposed carries with it the income, shall be forfeited or confiscated in
forfeiture of the proceeds of the crime and favor of the State. [Sec. 9, R.A. 3019]
the instruments or tools used in the
commission of the crime. Comprehensive Dangerous Drugs Act of
2. Proceeds and instruments or tools of the 2002, as amended [R.A. No. 9165]
crime are confiscated and forfeited in favor All equipment and paraphernalia used for the
of the Government. production of illegal drugs shall be confiscated
3. Property of a third person not liable for the and forfeited in favor of the government.
offense, is not subject to confiscation and
forfeiture. After conviction in the RTC, the Court shall
4. Property not a subject of lawful commerce immediately schedule a hearing for the
(whether it belongs to the accused or to a confiscation and forfeiture of all the proceeds
third person) shall be destroyed. of the offense. However, during the
proceedings before the RTC, no property or
Forfeiture as Additional Penalty income may be forfeited or confiscated. [Sec.
When the proceeds or instruments of the crime 20, R.A. 9165]
are not confiscated prior to the final judgment
of sentence, the court cannot modify, alter or 2016 Revised Implementing Rules and
change the sentence to confiscate such [U.S. Regulations of R.A. 9160, or the Anti-Money
v. Hart, G.R. No. L-8848 (1913), cited in Laundering Act, as amended.
REYES, Book 1]. It is an additional penalty, Monetary instruments or property that are the
and amounts to an increase of the penalty proceeds of money laundering shall be
already imposed, placing the accused in forfeited in favor of the Government. If this
double jeopardy [People v. Sanchez, G.R. No. cannot be enforced, the court may order the
L-9768 (1957), cited in REYES, Book 1]. offender to pay an amount equal to the value of
the monetary instrument or property. [Rule XII]
SPECIAL LAWS PROVIDING FOR
CONFISCATION OF PROPERTY f. Payment of Costs
An Act Declaring Forfeiture in Favor of the Effects [REYES, Book 1]
State Any Property Found to Have Been 1. If the accused is convicted - costs may
Unlawfully Acquired by Any Public Officer be charged against him.
or Employee and Providing for the 2. If the accused is acquitted – costs are de
Proceedings Therefor [R.A. No. 1379] officio, i.e., each party will bear his/her own
If the public officer is unable to show that the expense.
property in question was lawfully acquired, the
court shall declare this property forfeited in Exclusion
favor of the State. Such judgment may not be Not allowed against the Republic of the
rendered within six (6) months before any Philippines. [Rule 142, Sec. 1, ROC] and
general election, nor three (3) months before [REYES, Book 1]
any special election. [Sec. 6, R.A. 1379]
What are Included [Art. 37, RPC]
Plunder Law [R.A. No. 7080] 1. Fees, and
The Court shall declare any and all ill-gotten 2. Indemnities, in the course of judicial
wealth and their interests and other income proceedings.
and assets including the properties and shares
of stocks derived from the deposit or Expenses of Litigation
investment thereof, forfeited in favor of the Costs of suit are the expenses of litigation
State. [Sec. 2, R.A. 7080] allowed and regulated by the Rules of Court to
Page 91 of 320
be assessed against or to be recovered by a a. Separation of the sexes in
party in litigation [People v. Bergante, et. al., different institutions/
G.R. No. 120369-70 (1998) as cited in REYES, departments
Book 1]. b. Correction and reform of
convicts [Art. 78, RPC]
Fixed or otherwise
Costs may be fixed amounts already When Judgment Becomes Final
determined by law or regulations or amounts
subject to a schedule. Whether costs should General Rule: No penalty shall be executed
be assessed against the accused lie within the except by virtue of a final judgment [Art. 78,
discretion of the court. The Government may RPC]. A judgment becomes final after the
request the court to assess costs against the lapse of the period for perfecting an appeal
accused, but not as a right. [REYES, Book 1] [Rule 120, Sec. 7, ROC].
Order of Payment Exception: If the defendant has expressly

The civil liabilities of a person found guilty of waived in writing his right to appeal or when
two or more offenses shall be satisfied by accused applied for probation [Rule 120, Sec.
following the chronological order of the dates of 7, ROC].
the judgments rendered against him. [Art. 72,
RPC] Place of Execution of Sentence
Penalty Place
Applicable in case the property of the offender Reclusion In the places and penal
is not sufficient to pay all his pecuniary perpetua, establishments provided by
liabilities. The order of payment being [Art. 39, reclusion the Administrative Code or
RPC]: [RIFC] temporal, by law [Art. 86, RPC].
1. Reparation of the damage caused prision
2. Indemnification of consequential damages mayor,
3. Fine prision
4. Costs of the proceedings correccional
and arresto
D. EXECUTION AND mayor
Arresto Either in:
SERVICE OF SENTENCE menor 1. Municipal jail; or
2. House of the defendant
Execution of Penalties under the surveillance of an
When and How a Penalty is to Be Executed officer of the law, when the
1. No penalty shall be executed except by court so provides, taking
final judgment into consideration the
2. Penalties cannot be executed in a form health of the offender and
or any circumstances/incidents other other satisfactory reasons
than that prescribed or authorized by [Art. 88, RPC].
law Destierro Not allowed to enter the
3. The law and the special regulations of place/s designated in the
institutions in which penalties are to be sentence nor within the 25-
suffered shall be observed with regard 250 km. radius specified
to the character of work, time of [Art. 87, RPC].
performance, other incidents
connected therewith, relationships of Simultaneous Service of Sentence
convicts to others, relief they may
receive, and their diet General Rule: When the culprit has to serve
4. Regulations shall provide for: two (2) or more penalties, he shall serve them
simultaneously.
Page 92 of 320
Exception: If the nature of the penalties (e.g., Basis of Duration of Penalties
deprivation of liberty) does not permit 1. Duration of perpetual penalties (pena
simultaneous service, the order of their perpetua) – shall be computed at thirty
respective severity shall be followed [Art. 70, (30) years [Art. 70, RPC].
RPC]. 2. Duration of the sentence refers to
several penalties for different offenses
Deprivation of Liberty not yet served out, but only when the
Penalties consisting in deprivation of liberty convict must serve continuous
cannot be served simultaneously by reason of imprisonment for several offenses.
the nature of such penalties [In re: Pete Lagran, a. If sentence for one offense was
G.R. No. 147270 (2001)]. already served, that
imprisonment will not be
What can be simultaneously served with considered for the purpose of
one another [DDDDS Bond Fine CCP] the three-fold rule if after
1. Perpetual absolute Disqualification release he commits again and
2. Perpetual special Disqualification is convicted of new offenses.
3. Temporary absolute Disqualification b. Only penalties not yet served
4. Temporary special Disqualification out can be served
5. Destierro simultaneously [In re: Pete
6. Suspension Lagran, supra].
7. Bond to keep the peace and Fine 3. If the sentence is indeterminate, the
8. Civil interdiction basis of duration is the maximum term
9. Confiscation and payment of costs of the sentence [People v. Desierto,
10. Public censure [Id.] supra].
4. “The most severe penalty” – includes
All of the above can be served simultaneously equal penalties, such as when
with imprisonment, except destierro [Id.]. sentenced to multiple cases of the
same offense [Aspra v. Dir. of Prisons,
1. Three-Fold Rule G.R. No. L-3643 (1950)].
Three-Fold Rule [3-40] [Art. 70, RPC] Applicability of Rule

1. Maximum duration of convict’s
sentence: Shall not be more than This rule only applies when the convict has to
three (3) times the length of time serve at least four (4) sentences and cannot
corresponding to the most severe exceed three-fold the most severe.
penalty imposed upon him.
2. Limitation of maximum If only two (2) or three (3) penalties
period: Period shall in no case exceed corresponding to different crimes committed by
forty (40) years. the convict are imposed, it is not possible to
3. Effect if total imposed sentence is apply the three-fold rule [Art. 70, RPC].
more than the maximum allowed: No
other penalty shall be inflicted after the Subsidiary Imprisonment
sum total of those imposed equals the
same maximum period. The three-fold rule does not preclude
subsidiary imprisonment for failure to pay a
Note: Three-fold rule applies although the fine, provided that the principal penalty does
penalties were imposed for different crimes, at not exceed six (6) years. The provision of Art.
different times, and under separate 70 that "no other penalty to which he may be
informations [Torres v. Superintendent, G.R. liable shall be inflicted after the sum total of
No. 40373 (1933)]. those imposed equals the said maximum
period," only means that the convict shall not
serve the excess over the maximum of
three-fold the most severe penalty.
Page 93 of 320
Illustration: [Llamado v. CA and Gaw, G.R. No. 84850
“B” was found guilty in 17 criminal cases, the (1989)].
most severe penalty imposed was 6 months
and 1 day, plus a fine of P1,000, with subsidiary Probation is not a right but a privilege subject
imprisonment in case of insolvency. After to the discretion of the court. The discretion is
serving 18 months and 3 days in prison, B filed exercised primarily for the benefit of society as
a petition for habeas corpus, contending that a whole and only secondarily for the personal
applying the three-fold rule, he cannot be made advantage of the accused [Amandy v. People,
to serve more time. In deciding the case, the G.R. No. L-76258 (1988)].
SC ruled that the subsidiary imprisonment
for nonpayment of the fine cannot be a. Applicability
eliminated so long as the principal penalty
is not higher than 6 years of imprisonment Probation may be granted whether the
even if he already served three-fold of the sentence imposes a term of imprisonment or a
most severe penalty. fine only.
Applying said rule, if petitioner would not be May be extended to children in conflict with
able to pay the fine, the maximum duration of the law
his imprisonment shall be 18 months and 3 After convicting and sentencing a child in
days of the principal penalty plus 6 months and conflict with the law, and upon application at
1 day of subsidiary imprisonment for failure to any time, the court may place the child on
pay the fine, or a total of 2 years and 4 days probation in lieu of service of his/her sentence
[Bagtas v. Director of Prisons, G.R. No. L-3215 in account of his/her best interest. As such Sec.
(1949)]. 4, P.D. 968 is amended accordingly [Sec. 42,
R.A. 9344].
Not “Imposition of Penalty,” but “Service”
Court must impose all the penalties for all the Disqualified Offenders
crimes of which the accused is found guilty, but a. Those sentenced to serve a max. term
in the service of the same, they shall not of more than six (6) years [Sec. 9(a),
exceed three times the most severe and shall P.D. 968].
not exceed 40 years – three-fold maximum b. Crimes against national security
penalty [Mejorada v. Sandiganbayan, G.R. convicts [Sec. 9(b), P.D. 968].
Nos. L-51065-72 (1987)]. c. Those previously convicted by final
judgement of an offense punished by
2. Probation Law (P.D. 968, as imprisonment of more than six (6)
months and one (1) day and/or fine of
amended) more than one hundred thousand
pesos (P100,000.00) [Sec. 9(c), P.D.
DEFINITION OF TERMS [Sec. 3, P.D. 968]
968].
1. Probation – a disposition under which a
d. Those who have been once in
defendant, after conviction and sentence, is
probation under this Decree [Sec. 9(d),
released subject to conditions imposed by
P.D. 968].
the court and to the supervision of a
e. Those who are already serving
probation officer.
sentence at the time the substance
2. Probationer – person placed on probation
provisions of this Decree became
3. Probation officer – one who investigates
applicable pursuant to Section 33
for the court a referral for probation or
hereof [Sec. 9(e), P.D. 968].
supervises a probationer or both.
f. Drug trafficker and pushers, regardless
of penalty imposed by court, cannot
Nature
avail of Probation Law privileges, as
The Probation Law is not a penal statute.
amended by the Comprehensive
Courts have no authority to invoke a liberal
Dangerous Drugs Act of 2002 [Sec. 24.
interpretation of it in this case as its words
R.A. 9165].
leave no room for doubt or interpretation
Page 94 of 320
b. Grant, Manner, and Conditions 2. Appeal is merely intended to review
[Sec. 4, R.A. 10707] the crime for which the accused was
convicted and that the accused should
a. Application for Probation – only be liable to the lesser offense
defendant must file an application for which is necessarily included in the
probation within the period for appeal. crime for which he was originally
convicted and the proper penalty
Effect of filing of application – imposable is within the probationable
deemed as waiver of the right to period [Dimakuta v. People, G.R. No.
appeal. 206513 (2015)].
b. Application shall not be entertained What Must be Averred in the Notice of

or granted – if the defendant has Appeal
perfected the appeal from the judgment 1. That an earlier motion for
of conviction. reconsideration was filed but was
denied by the trial court;
Exception: When a judgment of 2. That the appeal is only for reviewing
conviction imposing a non- the penalty imposed by the lower court
probationable penalty is or the conviction should only be for a
appealed/reviewed and modified to a lesser crime necessarily included in the
probationable penalty, the defendant crime charged in the information; and
shall be allowed to apply for probation 3. That the accused-appellant is not
based on the modified decision before seeking acquittal of the conviction [Id.].
it becomes final.
When Appeal Bars Grant of Probation
Note: Accused shall lose the benefit of 1. When the accused is convicted by the
probation should he seek a review of trial court of a crime where the penalty
the modified decision which already imposed is within the probationable
imposes a probationable penalty. period or a fine, and the accused files
a notice of appeal; and
c. Filing of application based on 2. When the accused files a notice of
modified decision – application shall appeal which puts the merits of his
be filed in the trial court where the conviction in issue, even if there is an
judgment imposing a non- alternative prayer for the correction of
probationable penalty was rendered or the penalty imposed by the trial court or
where such case has been re-raffled. for a conviction to a lesser crime, which
is necessarily included in the crime in
d. If several defendants have taken which he was convicted where the
further appeal – other defendants may penalty is within the probationable
apply for probation by submitting a period [Id.)].
written application and attaching
thereto a certified true copy of the Note: The Dimakuta decision was issued in
judgment of conviction. October 2015, but R.A. 10707—which
amended the Probation Law—was signed into
Dimakuta Doctrine (Rules on Appeals) law in November 2015.
Appeal must be limited to the following
grounds: Dimakuta does not distinguish the ground for
1. Appeal merely intended for the appeal of the judgment of conviction. If the
the correction of the penalty judgment is modified on appeal through the
imposed by the lower court, which imposition of a probationable penalty, the
when corrected would entitle the defendant shall be allowed to apply for
accused to apply for probation; and probation based on the modified decision
before such decision becomes final.
Page 95 of 320
c. Grant of Probation Note: An order granting or denying probation
shall not be appealable [Sec. 4, P.D. 968].
Discretion of the Court
Even if a convicted person falls within the CONDITIONS OF PROBATION [Sec. 10, P.D.
classes of those qualified for probation, the 968]
grant of probation is not automatic or 1. Mandatory Conditions. Probation orders
ministerial [Amandy v. People, G.R. No. L- shall contain conditions requiring
76258 (1988)]. probationer to:
a. Present himself to his supervising
An order placing the defendant on "probation" probation officer at the place
is not a "sentence" but is rather in effect, a specified in the order within 72
suspension of the imposition of sentence. It is hours from receipt of said order;
not a final judgment but is rather an and
"interlocutory judgment" [Baclayon v. Mutia, b. Report to the probation officer at
G.R. No. L-59298 (1984)]. least once a month at the time and
place specified by said officer.
Criteria for Grant of Probation [Sec. 8, P.D.
968] 2. Discretionary Conditions. The two
The following should be considered in deciding conditions above are mandatory conditions;
to place an offender under probation: [AM- the rest in Sec. 10 are discretionary
ChEAP] conditions (e.g., cooperate with a program
1. Available institutional and community of supervision; meet his family
resources responsibilities; or devote himself to a
2. Mental condition of the offender specific employment).
3. Character,
4. Antecedent, Moreover, the conditions enumerated under
5. Environment, Sec. 10 are not exhaustive. The courts are
6. Physical condition of the offender allowed to impose practically any term it
chooses, the only limitation being that it
Reasons for Denying Probation [Sec. 8, P.D. does not jeopardize the constitutional rights
968] of the accused [Salgado v. CA, et al., G.R.
1. The offender is in need of correctional No. 89606 (1990)].
treatment best provided through
commitment to an institution. Period of Probation [Sec. 14, P.D. 968]
2. There is undue risk that the offender Scenario Duration
will commit another offense during the When sentenced to Probation shall not
probation period. imprisonment of not exceed 2 years
3. Probation will depreciate the more than 1 year
seriousness of the offense committed. When sentenced to Shall not exceed 6
more than 1 year years
Effects of Grant of Probation When sentenced to Shall be twice the
1. The execution of sentence shall be a fine and made to total days of
suspended for such period and upon suffer subsidiary subsidiary
such terms and conditions as the trial imprisonment imprisonment
court may deem best [Sec. 4, P.D. 968]
2. Probation does not extinguish civil d. Violation of Probation Order
liability, as it only affects the criminal
aspect of the case [Budlong v. Upon the failure of the probationer to comply
Apalisok, G.R. No. L-60151 (1983)]. with any of the conditions prescribed in the
3. Accessory penalties are deemed order, or upon his commission of another
suspended [Baclayon v. Mutia, G.R. offense, he shall serve the penalty imposed for
No. L-59298 (1984)]. the offense under which he was placed on
probation [Sec. 11, P.D. No. 968].
Page 96 of 320
Arrest [Sec. 15, P.D 968] Note: The probationer and the probation officer
At any time during the probation, the court may shall each be furnished with a copy of such
issue a warrant to arrest the probationer for order.
violation of the conditions of the probation.
Once arrested and detained, the probationer Effect of Final Discharge [Sec. 16, R.A.
shall be brought to court for a hearing of the 10707]
violation charged. The defendant may be The final discharge of the probationer shall
admitted to bail pending such hearing. operate to:
1. Restore to him all civil rights lost or
Note: The violation of a conditional pardon suspended as a result of his conviction;
constitutes evasion of service of sentence and
under Art. 159 of the RPC [Torres v. Gonzales, 2. Totally extinguish his criminal liability
152 SCRA 272; Director of Prisons v. Ang Cho as to the offense for which probation
Kio, 33 SCRA 494 (1970)]. was granted.
Additionally, it must be noted that: Termination of Period, not the same as

1. The violation of the conditions of Expiration of Probation Period
probation must be serious to justify the The expiration of the probation period alone
issuance of a warrant of arrest. does not automatically terminate probation;
2. Defendant may be admitted to bail probation is not coterminous with its period.
pending hearing. There must first be an order of final
● Hearing is summary in nature, discharge issued by the court, based on the
but the probationer shall have report and recommendation of the
the right to be informed of the probation officer [Bala v. Martinez, G.R. No.
violation charged and to 67301 (1990)].
adduce evidence in his favor.
3. Court is not bound by the technical f. Probation v. Pardon
rules of evidence.
4. If the violation is established, the court Probation Pardon
may revoke or continue his probation Definition Probation is a It is an act of
and modify the conditions. disposition grace
5. If revoked, the court shall order the under which proceeding
probationer to serve the sentence a defendant, from the
originally imposed. after power
6. The order revoking the grant of conviction entrusted
probation or modifying the term and and with the
conditions thereof is not appealable sentence, is execution of
[Sec. 15, P.D. 968]. released the laws
subject to which
e. Termination of Probation conditions exempts the
imposed by individual on
Order of Final Discharge [Sec. 16, R.A. the court and whom it is
10707] to the bestowed
An order of final discharge of the probationer supervision from the
shall be issued by the Court: of a probation punishment
1. After the period of probation; and officer [Sec. the law
2. Upon consideration of the report and 3, P.D. 968; inflicts for the
recommendation of the probation Budlong v. crime he has
officer, upon finding that probationer Apalisok, committed
fulfilled the terms and conditions of his G.R. No. L- [Llamas v.
probation. 60151 Orbos, G.R.
(1983)]. No. 99031
(1991)].
Page 97 of 320
Probation Pardon Probation Pardon
Whether Does not Does not indemnity
Crime is obliterate the obliterate the imposed
Obliterated crime of crime; it only upon him by
which the abolishes the the sentence
person under punishment. [Art. 36,
probation has Pardon looks RPC].
been forward and
convicted relieves the 4. Juvenile Justice and Welfare
[Office of the offender from
Court the Act (R.A. 9344, as amended)
Administrator consequence
v. Librado, s of a a. Scope
A.M. P-94- convicted It shall cover the different stages involving
1089 (1996)]. offense, that children at risk and children in conflict with the
is, it law from prevention to rehabilitation and
abolishes or reintegration [Sec. 1, R.A. 9344].
forgives the
punishment DEFINITION OF TERMS
[People v. a. Child. Refers to a person under the age of
Patriarca, Jr., eighteen (18) years. [Sec. 4(c), R.A. 9344]
G.R. No. b. Children at risk, definition. Refers to a
135457 child vulnerable to and at the risk of
(2000)]. committing criminal offenses because of
Granting By the Court By the Chief personal, family and social circumstances,
Authority [Sec. 10, R.A. Executive such as, but not limited to (a)
10707] [U.S. v. economic/sexual exploitation, (b) truancy,
Guarin, G.R. (c) abandoned/neglected, or (e) abuse.
No. 9900 [Sec. 4(d), R.A. 9344].
(1915)]
Effect on Accessory A pardon c. Child in Conflict with the Law (CICL).
Accessory penalties are shall not work Refers to a child who is alleged as, accused
Penalties deemed the of, or adjudged as, having committed an
suspended restoration of offense under Philippine laws [Sec. 4(e),
once the right to R.A. 9344].
probation is hold public
granted office, or the OFFENSES CONTEMPLATED UNDER R.A.
[Baclayon v. right of 9344
Mutia, G.R. suffrage, a. Offenses – any act or omission whether
No. L-59298 unless such punishable under special laws or the
(1984)]. rights be Revised Penal Code, as amended [Sec.
expressly 4(o), R.A. 9344].
restored by
the terms of b. Status Offenses – refers to offenses which
the pardon. discriminate only against a child, while an
adult does not suffer any penalty for
A pardon committing similar acts (i.e., curfew
shall in no violations; truancy, parental disobedience
case exempt and the like) [Sec. 4(r), R.A. 9344].
the culprit
from the c. Victimless Crimes – offense where there is
payment of no private offended party [Sec. 4(u), R.A.
the civil 9344].
Page 98 of 320
Offenses Not Applicable to Children [Sec. conflict with the law has the burden to prove
58, R.A. 9344] such age. In all cases involving a child, the
Persons below eighteen (18) years of age shall court shall make a categorical finding as to the
be exempt from prosecution for the crime of: age of the child [Sec. 7, R.A. 9344].
1. Prostitution [Art. 202, RPC]
2. Mendicancy [P.D. 1563] b. Intervention Program
3. Sniffing of rugby [P.D. 1619]
Intervention
Such prosecution being inconsistent with the
Refers to a series of activities which are
United Nations Convention on the Rights of the
designed to address issues that caused the
Child. However, said persons shall undergo
child to commit an offense. It may take the form
appropriate counseling and treatment
of an individualized treatment program which
programs.
may include counseling, skills training,
education, and other activities that will enhance
Determination of Age [Sec. 7, R.A. 9344]
his/her psychological, emotional and psycho-
Presumption of Minority: There is a
social well-being [Sec. 4(l), R.A. 9344].
presumption of minority. S/he shall enjoy all the
rights of a child in conflict with the law until s/he
Community-based Programs on Juvenile
is proven to be 18 years old or older.
Justice and Welfare
Community-based programs on juvenile justice
In assessing the attendance of the mitigating
and welfare shall be instituted by the LGUs
circumstance of the minority, all doubts should
through the LCPC, school, youth organizations
be resolved in favor of the accused, it being
and other concerned agencies.
more beneficial to the latter. [People v. Sarcia,
G.R. No. 169641 (2009)].
The LGUs shall provide community–based
services which respond to the special needs,
In fact, in several cases, this Court has
problems, interests and concerns of children
appreciated this circumstance on the basis of a
and which offer appropriate counseling and
lone declaration of the accused regarding his
guidance to them and their families.
age [People v. Sarcia, G.R. No. 169641 (2009),
citing People v. Calpito, G.R. No. 123298
These programs shall consist of three levels:
(2003)].
1. Primary intervention – includes
general measures to promote social
Proof of Age
justice and equal opportunity, which
The age of the child shall be determined
tackle perceived root causes of
according to the rules established by Section 7
offending;
of R.A. 9344:
2. Secondary intervention – includes
1. Best evidence is an original or certified
measures to assist children at risk; and
true copy of certificate of live birth.
3. Tertiary intervention – includes
2. In its absence, similar authentic
measures to avoid unnecessary
documents such as baptismal
contact with the formal justice system
certificates and school records
and other measures to prevent re-
showing the date of birth may be used.
offending [Sec. 19, R.A. 9344].
3. In the absence of documents under 1
and 2 due to loss, destruction or
When Applied
unavailability, the testimony of the
If it has been determined that the child taken
child, a member of the family related by
into custody is fifteen (15) years old or below
affinity or consanguinity, of other
[Sec. 20, R.A. 9344].
persons, the physical appearance of
the child, or other relevant evidence
Duty of Authorities [Sec. 20, R.A. 9344]
shall suffice.
The authority which will have an initial contact
with the child has the duty to:
The person alleging the age of the child in
Page 99 of 320
1. Immediately release the child to the Also, the maximum penalty for the offense the
custody of his/her parents or guardian, CICL is charged with, should be imprisonment
or in the absence thereof, the child’s of not more than twelve (12) years,
nearest relative. regardless of the fine or fine alone regardless
of the amount. In such case, before
Exception: If the parents, guardians or arraignment of the CICL, the court shall
nearest relatives cannot be located, or determine whether or not diversion is
if they refuse to take custody, the child appropriate [Sec. 37, R.A. 9344].
may be released to a:
a. Duly registered non System of Diversion [Sec. 23, R.A. 9344]
governmental or religious CICL shall undergo diversion programs without
organization; undergoing court proceedings subject to the
b. Barangay official or a member conditions herein provided:
of Barangay Council for the 1. Where the imposable penalty for the
Protection of Children (BCPC); crime committed is not more than
or six (6) years imprisonment
c. Local social welfare and a. The law enforcement officer or
development officer; or when Punong Barangay, with the
and where appropriate, the assistance of the local social
DSWD. welfare and development
officer or other members of the
In such case, authorities shall give LCPC, shall conduct
notice to the local social welfare and mediation, family conferencing
development officer who will determine and conciliation
the appropriate programs in b. Where appropriate, indigenous
consultation with the child and to the modes of conflict resolution are
person having custody over the child. adopted in accordance with the
best interest of the child with a
2. If the child referred to herein has been view to accomplishing the
found by the Local Social Welfare and objectives of restorative justice
Development Office (LSWD) to be and the formulation of a
abandoned, neglected or abused by diversion program.
his parents, or in the event that the c. The child and his/her family
parents will not comply with the shall be present in these
prevention program, the proper activities.
petition for involuntary commitment
shall be filed by the DSWD or the 2. In victimless crimes where the
LSWD pursuant to P.D. 603 (The Child imposable penalty is not more than
and Youth Welfare Code). six (6) years imprisonment - the local
social welfare and development officer
c. Diversion shall meet with the child and his/her
parents or guardians for the
Diversion Program development of the appropriate
Program that the child in conflict with the law diversion and rehabilitation program, in
(CICL) is required to undergo after he/she is coordination with the BCPC;
found responsible for an offense, without
resorting to formal court proceedings [Sec. 3. Where the imposable penalty for the
4(j), R.A. 9344]. crime committed exceeds six (6)
years imprisonment - diversion
When Applied measures may be resorted to only by
If the child is over fifteen (15) years old but the court.
below eighteen (18) years old and the child
acted with discernment [Sec. 6, R.A. 9344].
Page 100 of 320

When There is No Diversion [Sec. 27 and 28, disposition measures as provided in the
R.A. 9344] Supreme Court Rule on Juveniles in Conflict
There is no diversion in the following cases: with the Law [Sec. 38, R.A. 9344].
1. If the offense does not fall under Sec.
23 (a) and (b) CICL in suspended sentence
a. Sec. 23 (a) – where the CICL, whose sentences are suspended may,
imposable penalty is not more upon order of the court, undergo any or a
than 6 years imprisonment combination of disposition measures best
b. Sec. 23 (b) in victimless crimes suited to the rehabilitation of the child pursuant
where the imposable penalty is to Supreme Court Rule on Juveniles in Conflict
not more than 6 years with the Law.
imprisonment
2. If the child, his/her parents or guardian If the community-based rehabilitation is availed
does not consent to a diversion of by a CICL, he/she shall be released to
parents, guardians, relatives or any other
In the above cases, the following procedures responsible person in the community. Under
shall apply: the supervision and guidance of the LSWD
1. The Punong Barangay handling the officer, and in coordination with his/her
case shall forward the records of the parents/guardian, the CICL shall participate in
case to the proper authorities within community-based programs [Sec. 52, R.A.
three (3) days, whereupon the case 9344].
shall be filed according to the regular
process. Agricultural Camps and other Training
2. The Law Enforcement officers and Facilities [Sec. 51, R.A. 9344]
judicial officers to determine whether or A CICL may, after conviction and upon order of
not the child should remain under the court, be made to serve his/her sentence,
custody and correspondingly charged in lieu of confinement in a regular penal
in court. institution, in an agricultural camp and other
training facilities that may be established,
d. Court Proceedings maintained, supervised and controlled by the
Bureau of Corrections (BUCOR), in
Automatic Suspension of Sentence coordination with the DSWD.
Suspended Sentence is the holding in
abeyance of service of the sentence imposed As regards the appellant’s possible
by the court upon a finding of guilt of the CICL confinement in an agricultural camp or other
who will undergo rehabilitation. training facility in accordance with Section 51
of R.A. 9344, this Court held in People v.
Court shall determine the civil liability of a guilty Jacinto [G.R. No. 182239, (2011)] that the age
child under 18 years old. Instead of convicting of the child in conflict with the law at the
the child, the court shall place the CICL under time of the promulgation of the judgment is
suspended sentence. Suspension of sentence not material. What matters is that the offender
shall be applied even if the juvenile is already committed the offense when he/she was still of
18 years of age or more at the time of the tender age [People v. Gamboa, G.R. No.
pronouncement of his/her guilt [Sec. 38, R.A. 172707 (2013)].
9344].
Hence, if the accused is already more than 21
However, the suspension of sentence lasts years old by the time of the pronouncement of
only until the CICL reaches the maximum age his guilt, the Court has no choice but to render
of 21 [Sec. 40, R.A. 9344]. judgment. Nonetheless, he may avail of Sec.
51, whereupon he may serve his sentence in
Upon suspension of sentence and after an agricultural camp or training facility [People
considering the various circumstances of the v. Gamboa, supra].
child, the court shall impose the appropriate
Page 101 of 320

P.D. 603 (The Child and Youth Welfare P.D. 603 R.A. 9344
Code) as amended v. R.A. 9344 (Juvenile Suspension of Sentence
Justice and Welfare Act of 2006) No automatic Suspension of
P.D. 603 R.A. 9344 suspension of sentence is
Circumstances for Exemption sentence. Youthful automatic. Instead
1. Child 9 years of offenders should of pronouncing the
age or under at time Child 15 years of apply for a judgment of
of commission of age or under shall be suspended conviction, the
offense exempt from criminal sentence and it is court shall place the
2. Child more than 9 liability, regardless discretionary on the child in conflict with
years old but less of whether or not court to approve the law under
than 15 at the time of s/he acted with application [Reyes, suspended
commission of discernment Book 1]. sentence, without
offense need of application
However, child is [Sec. 38, R.A.
Except: If the child subject to 9344].
acted intervention program
with discernment [Sec. 20, R.A. 9344]. Discharge [Sec. 39, R.A. 9344]
[Sec. 189, P.D. 603] The court shall dismiss the case against the
As to Proceedings child whose sentence has been suspended
Child over 9 years Child below 15 years and against whom disposition measures have
and under 15 years and below – case been issued, and shall order the final discharge
of age who acted w/ shall be immediately of the child:
discernment – court dismissed and the 1. Upon recommendation of the social
shall determine child shall be worker who has custody of the child;
imposable penalty, returned to the and
including any civil custody of 2. If it finds that the objective of the
liability chargeable parent/guardian disposition measures has been
against him. [Sec. 20, R.A. 9344]. fulfilled.
However, instead of If there be none, The discharge of the CICL shall not affect the
pronouncing CICL shall be civil liability resulting from the commission of
judgment of released to (a) the offense, which shall be enforced in
conviction, the court NGO/religious accordance with law.
may suspend all organization (b)
further proceedings Barangay Return of the CICL to Court [Sec. 40, R.A.
and shall commit official/BCPC (c) 9344]
such minor to the LSWD officer/DSWD In the following cases, the CICL shall be
custody or care of [Sec. 20, R.A. 9344]. brought before the court for execution of
the DSWD or to any judgment:
training institution Child above 15 1. If the court finds that the objective of
operated by the years but below 18 the disposition measures imposed
government, or duly years of age who upon the CICL have not been fulfilled;
licensed agencies or acted with or
any other discernment shall be 2. If the CICL has willfully failed to comply
responsible person, subjected to the with the conditions of his/her
until he shall have appropriate disposition or rehabilitation program.
reached 21 years of proceedings:
age or, for a shorter 1. Intervention Credit in Service of Sentence
period as the court Programs The CICL shall be credited in the services of
may deem proper 2. Diversion Programs his/her sentence with the full time spent in
[Sec. 189 and 192, [Sec. 38, R.A. 9344]. actual commitment and detention under R.A.
P.D. 603]. 9344 [Sec. 41, R.A. 9344].
Page 102 of 320

4. An Act Adjusting the Amount shall be applied even if the juvenile is already
18 years of age or more at the time of the
or the Value of Property and pronouncement of his/her guilt [Sec. 38, R.A.
Damage on Which a Penalty is 9344].
Based and the Fines Imposed
See: Previous discussion of the Juvenile
Under the Revised Penal Code Justice and Welfare Act.
(R.A. 10951)
RULES AS TO FIRST-TIME MINOR
The Act adjusts the value of property and OFFENDERS
damage on which a penalty is based and the 1. If the minor first-time offender complies
fines imposed under the RPC. Under this Act with the imposed rules, regulation, and
are adjustment on several children-related conditions of suspended sentence - the
felonies, namely Art. 277 and Art. 278. Court upon favorable recommendation from
the Board, shall discharge the accused and
Note: Changes in relevant provisions are dismiss all proceedings [Sec. 67, R.A.
already integrated in prior discussions (e.g., 9165].
amount of what constitutes light felonies under a. The court will expunge all official records,
Art. 9). except confidential records retained by
the DOJ; such orders shall be
a. Suspension in Case of Insanity or confidential and will restore the accused
Minority to his prior status before the case.
b. Accused will not be held in
Insane perjury/concealment/misrepresentation
in failing to acknowledge the case or its
When Accused becomes Insane facts in any inquiry for any purpose.
Scenario Effect
2. If the minor first-time offender violates
At the time He is exempt from criminal
the rules, regulations, or conditions of
of the liability.
his suspended sentence – the court shall
commission
pronounce judgment of conviction and
of the crime
he/she shall serve sentence as any other
The Court shall suspend the
convicted person [Sec. 69, R.A. 9165].
At the time proceedings and order his
of the trial confinement in a hospital
3. In lieu of imprisonment, the court in its
until he recovers his reason.
discretion may place the accused under:
Execution is suspended with
a. Probation – even if the sentence
regard to the personal
provided under RA 9165 is higher than
At the time penalty only. If he recovers
that provided under existing law on
of final his reason, his sentence
probation
judgment or shall be executed, unless
b. Community Service [Sec. 70, R.A.
while the penalty has prescribed.
9165]
serving
sentence Payment of his civil or
Scenario Effect
pecuniary liabilities shall not
[Sec. 70, R.A. 9165]
be suspended.
Supervision and rehabilitative
[REYES, Book 1]
surveillance shall be done by
the Board through the DOH in
Minors Probation coordination with Board of
Pardons and Parole and the
Court shall determine the civil liability of a guilty
Probation Administration.
child under 18 years old. Instead of convicting
the child, the court shall place the CICL under
suspended sentence. Suspension of sentence
Page 103 of 320
Scenario Effect the center under the submission program.
[Sec. 70, R.A. 9165] [Sec. 60, R.A. 9165]
Upon compliance with
probation conditions, the 2. Under the Compulsory Submission
Board shall submit a written Program. The records of a drug dependent
report to the court who was rehabilitated and discharged from
recommending termination of the Center under the compulsory
probation and a final discharge submission program, or who was charged
of the probationer, whereupon for the use of dangerous drugs [under Sec.
the court shall issue such an 15, R.A. 9165], shall remain confidential
order. pursuant to Sec. 60 of the act.
The community service shall
be complied with under HOWEVER, the records of a drug
conditions determined by the dependent who was not rehabilitated, or
court’s discretion and upon the who escaped but did not surrender
recommendation of the Board himself/herself within the one (1) week [Sec.
and shall apply only to 59, R.A. 9165], shall be forwarded to the
violators of Section 15 of [R.A. court and their use shall be determined by
9165]. the court, taking into consideration welfare
of the public and the drug dependent. [Sec.
Communi The Board shall supervise the 64, R.A. 9165]
ty Service completion of the community
service in the period required Credit of Sentence
by the court. Thereafter, the If the sentence promulgated by the court
Board shall render a report re: requires imprisonment, the period spent in the
community service Center by the accused during the suspended
compliance. The court in its sentence period shall be deducted from the
discretion may require sentence to be served. [Sec. 70, R.A. 9165]
extension of the community
service or order a final Limited Applicability of the RPC [Sec. 98,
discharge. R.A. 9165]
Notwithstanding any law, rule or regulation to
Confidentiality of Records the contrary, the provisions of the RPC shall
The DOJ shall keep a confidential record of the not apply to the provisions of this Act, except in
proceedings on suspension of sentence and the case of minor offenders. Where the
shall not be used for any purpose other than to offender is a minor, the penalty for acts
determine whether or not a person accused punishable by life imprisonment to death
under this Act is a first-time minor offender provided herein shall be reclusion
[Sec. 71, R.A. 9164]. perpetua to death.
In cases where either probation or community 5. Community Service Act (R.A.

service is applied, the judicial records shall also
11362 and A.M. No. 20-06-14-
remain confidential according provisions Sec.
60 and 64 of R.A. 9165 (Comprehensive SC)
Dangerous Drugs Act of 2002) [Sec. 70, R.A.
9165]: Definition
1. Under the Voluntary Submission Community service shall consist of any actual
Program. Judicial and medical records of physical activity which
drug dependents shall be confidential and 1. Inculcates civic consciousness
shall not be used against him for any 2. Intended towards the improvement of a
purpose, except to determine he has been public work or promotion of a public service
committed by himself, family or guardian to [Art. 88a (3), RPC as amended by RA
11362].
Page 104 of 320

3. Shall be rendered in the place where the The court shall immediately notify the following
crime was committed, under such terms as upon receipt of the application:
the court shall determine. 1. Barangay chairperson or authorized
representative of the barangay where
Offenses Contemplated the crime was committed
It authorizes the court, in its discretion, to 2. Representative from the provincial or
require community service in lieu of city’s Probation Office
imprisonment for offenses punishable by 3. Local government unit’s Social Welfare
arresto menor and arresto mayor [Art. 88a, Development Officer (SWDO) [A.M.
Par. 1, RPC as amended by R.A. 11362. No. 20-06-14-SC].
Note: The privilege of rendering community Note: The Court may resort to electronic
service in lieu of imprisonment shall be availed service of the notices to the said officers [A.M.
of only once [Art. 88a, Par. 4, RPC as No. 20-06-14-SC].
amended by R.A. 11362].
Scenario Effect
In Exercising Discretion of the Court
The following shall be taking into consideration Accused fails to Such will be a ground to
by the court in allowing community service: appear at the deny the application and
1. Gravity of offense said hearing, a warrant of arrest shall
2. Circumstances of the case except for be issued against the
3. Welfare of the society justified reasons accused [A.M. No. 20-06-
4. Reasonable probability that the 14-SC].
accused shall not violate the law while
rendering the service. Accused Court shall order his re-
violates the arrest and the accused
Rehabilitative Counseling terms of the shall serve the full term of
The accused shall be required to undergo community the penalty, as the case
rehabilitative counseling under the social service may be, in jail, or in the
welfare and development officer of the city or house of the defendant
municipality concerned with the assistance of as provided under Article
the DSWD [Art. 88a, Par. 2, RPC as amended 88 [Art. 88a (2), RPC as
by R.A. 11362]. amended by R.A. 11362].
Duties of all judges concerned Accused fully Court shall order the
All judges concerned, after promulgation of complies with release of the defendant
judgment or order where the penalty for the the terms of the unless detained for some
offense is arresto menor or arresto mayor shall: community other offense [Art. 88a,
1. Inform the accused in open court that service (2) RPC as amended by
he has an option to apply that the R.A. 11362].
penalty be served by rendering
community service Accused has The period shall be
2. Explain to the accused that the same undergone deducted from the term of
will be barred to apply for community preventive community service [A.M.
service or probation should he or she imprisonment. No. 20-06-14-SC].
choose to appeal the conviction [A.M.
No. 20-06-14-SC].
Application for Community Service

Applications must be filed within the period to
perfect an appeal and shall be resolved within
five (5) days from filing.
Page 105 of 320

i. Any offender qualified for credit
E. EXTINCTION OF for preventive imprisonment
CRIMINAL LIABILITY pursuant to Art. 29 of the RPC,
as amended by R.A. 10592
1. An Act Amending Articles 29, ii. Any prisoner in —
1. Penal institution
94, 97-99 of the RPC (R.A. 2. Rehabilitation or Detention
10592) Center
3. Any other local jail [Art. 97,
Preventive Imprisonment RPC as amended by R.A.
A temporary confinement in a correctional 10592]
facility of a Person Deprived of Liberty (PDL), c. The allowance is not applicable to:
while undergoing investigation or awaiting final i. Recidivists
judgment [Rule II, Sec. 1(q), Revised IRR of ii. Habitual delinquents
R.A. 10592 (2019)]. iii. Escapees
iv. Persons charged with heinous
Period of Preventive Imprisonment crimes [Art. 29, RPC as
Deducted from Term of Imprisonment [Art. amended by R.A. 10592]
29, RPC as amended by R.A. 10592]
Offenders or accused who have undergone Criminal liability is partially extinguished in
preventive imprisonment shall be credited in the following cases: [GoCoCo PaPS]
the service of their sentence consisting of 1. Conditional pardon
deprivation of liberty. 2. Commutation of sentence
3. Good conduct allowances [Art. 94,
The full time or four-fifths (⅘) of the time during RPC as amended by R.A. 10592]
which offenders have undergone preventive 4. Special time allowance for loyalty [Id.]
imprisonment shall be deducted from the 5. Parole
penalty imposed: 6. Probation
1. Full time if detention prisoner agrees
voluntarily in writing after being Note: Distinction between pardon under Art. 23
informed of the effects and with the and Arts. 89 and 94 of the RPC:
assistance of counsel to abide by the 1. Under Art. 23, the pardon is extended
same disciplinary rules imposed upon by the offended party and extinguishes
convicted prisoners. only the civil liability of the offender,
2. Four-fifths (⅘) of time if detention except under Art. 344, that
prisoner does not agree to abide by the extinguishes also the criminal liability.
same disciplinary rules imposed upon 2. Under Arts. 89 (absolute pardon) and
convicted prisoners, and he shall do so 94 (conditional pardon), the pardon is
in writing with the assistance of a extended by the President and the
counsel. criminal liability of the offender is totally
and partially extinguished,
Credit and Computation of Preventive respectively, but the civil liability is not
Imprisonment extinguished.
1. For the penalty of reclusion perpetua shall
be deducted from thirty (30) years a. Allowance for Good Conduct which
2. For purposes of immediate release shall be Culprit May Earn While He is
the actual period of detention with good Undergoing Preventive Imprisonment
conduct time allowance.
for Serving Sentence [Art. 97, RPC]
a. If the accused is absent without
justifiable cause at any stage of trial,
Applicability
the court may order his arrest.
General Rule: Allowance is granted to any
b. Good Conduct Allowances are granted
prisoner in:
to
1. Penal institution
Page 106 of 320
2. Rehabilitation or detention center Time in Penal Deduction from period
3. Other local jail [Art. 97, RPC as Institution of sentence
amended by R.A. 10592] 11th and
30 days for each month
successive
of good behavior
Exceptions: The allowance is not applicable years
to: Any time 15 days for each month
1. Recidivists during period of study, teaching or
2. Habitual delinquents of mentoring service time
3. Escapees imprisonment rendered
4. Persons charged with heinous crimes [Art. 97, RPC as amended by R.A. 10592]
[Art. 29 RPC as amended by R.A.
10592] 1. Special Time Allowance [Art.
98]
Effect
Computation of preventive imprisonment for
Special Time Allowance
purposes of immediate release shall be the
Deduction in the period of the sentence of a
actual period of detention with good
prisoner during the calamity or catastrophe
conduct time allowance. Provided, if the
mentioned in Art. 158 (i.e., conflagration,
accused is absent without justifiable cause at
earthquake, explosion or similar catastrophe;
any stage of the trial, the court may motu
or mutiny in which he has not participated) [Art.
proprio order the rearrest of the accused [Art.
98, RPC].
29, RPC as amended by R.A. 10592].
Deduction
Effect of Appeal
Scenario from Period
Appeal does not deprive entitlement to good
of Sentence
conduct allowance [Art. 97, RPC as amended
When prisoner, having
by R.A. 10592].
evaded his sentence, gives
himself up to authorities
Note: Allowance for good conduct, once
within 48 hours following 1/5 of period
granted, cannot be revoked [Art. 99, as
issuance of proclamation by of sentence
amended by R.A. 10592].
Chief Executive announcing
the passing away of the
Who Grants Time Allowances Under Arts.
calamity
97 and 98
When a prisoner chooses 2/5 of the
1. Director of the Bureau of Corrections
to stay in place of period of
2. Chief of Bureau of Jail Management
confinement. sentence.
and Penology
3. Wardens of provincial, district, [Art. 98, RPC]
municipal, and city jails [Art. 99, RPC
as amended by R.A. 10592] Special time allowance for loyalty applies to
any prisoner whether undergoing preventive
Good Conduct Allowances imprisonment or serving sentence [Art. 98,
Time in Penal Deduction from period RPC as amended by R.A. 10592].
Institution of sentence
First 2 years
of good behavior
3rd to 5th year
of good behavior
Following
years until
of good behavior
10th year
Page 107 of 320

Exceptions:
F. CIVIL LIABILITIES IN 1. Acquittal in the criminal action for
CRIMINAL CASES negligence does not preclude the
offended party from filing a separate
1. General Rule [Art. 100] civil action to recover damages, based
on the new theory that the act is a
Basis of Civil Liability quasi-delict [Art. 2177, NCC].
From the standpoint of its effects, a crime has 2. Facts from which the civil action might
a dual character: arise do not exist (e.g., the defendant
1. As an offense against the State was acquitted because he was not the
because of the disturbance of the perpetrator of the felony).
social order; and
2. As an offense against the private Determination of Civil Liability [WRIP]
person injured by the crime unless it General Rule: Civil liability arising from the
involves the crime of treason, rebellion, commission of the felony is deemed instituted
espionage, contempt and others with the criminal action [Rule 111, Sec. 1(a),
(wherein no civil liability arises on the ROC].
part of the offender either because
there are no damages to be With the implied institution of the civil action in
compensated or there is no private the criminal action, the two actions are merged
person injured by the crime) [Nuguid v. into one composite proceeding, with the
Nicdao, G.R. No. 150785 (2006)]. criminal action predominating the civil [Quinto
v. Andres, G.R. No. 155791 (2005)].
An act or omission gives rise to civil liability
because it caused damage to another. Exceptions: [WRIP] When the offended party:
Additionally, what gives rise to civil liability is 1. Waives his right to file a civil action
the obligation and the moral duty of everyone 2. Reserves his right to Institute it
to repair or make whole the damage caused to separately, or
another, by reason of his own act or omission, 3. Institutes the civil action Prior to the
whether done intentionally or negligently [Chua criminal action.
v. Court of Appeals, G.R. No. 150793 (2004)].
Reservation of Right to File
Every person who, contrary to law, willfully or A reservation of the right to file a separate civil
negligently causes damage to another, shall action only gives the party aggrieved the right
indemnify the latter for the same [Art. 20, NCC]. to choose under which body of laws he must
bring the civil action, either under the:
Exemption from criminal liability does not 1. RPC – where the recovery may be
include exemption from civil liability [Rule 111, defeated by proof that the acts on
Sec. 2 (4), Revised Rules of Criminal which the action is based do not exist,
Procedure]. or
2. New Civil Code – where the same
Effect of Acquittal in Criminal Action proof is required to preclude recovery,
or proof of diligence in the selection
General Rule: The court may acquit an and employment of the employee.
accused on reasonable doubt and still order
payment of civil damages already proved in the Institution of Separate Civil Action
same case without need for a separate civil Commencement of criminal action is not a
action. The reason for this is that the accused condition precedent to the filing of civil action
has already been accorded due process arising from a crime.
[Maximo v. Gerochi, Jr., G.R. Nos. L-47994-97
(1986)]. However, civil action arising from crime
cannot be instituted in the following cases:
Page 108 of 320

When Civil Effect 3. Indemnification for consequential
Action is [Rule 111, Sec. 2, damages.
Instituted Rules of Court]
Civil action is a. Restitution
suspended until final
judgment is rendered in Restitution of the thing itself must be made
Before criminal the criminal action. whenever possible, with allowance for any
action has The civil and criminal deterioration or diminution of value as
commenced actions may be determined by the court [Art. 105, RPC].
consolidated so that
they are tried and Note: Restitution should apply when offense is
decided jointly. proven, even if the accused is acquitted
Cannot be instituted [People v. Alejano, G.R. No. L-33667 (1930)].
After criminal
until after final judgment
action has
has been rendered in General Rule: The thing itself shall be
commenced
the criminal action. restored, even though it be found in the
possession of a third person who has acquired
This applies only when the plaintiff in the civil it by lawful means.
action is the offended party in the criminal
action and both cases arise from the same Exception: In cases where the thing has been
offense. acquired by the third person in the manner and
under the requirements which, by law, bar an
Independent Civil Actions action for its recovery [Art. 105, RPC].
An independent civil action may be filed in the
following cases: Hence, restitution may not be allowed in the
1. Violations of fundamental rights [Art. following cases:
32, NCC] If the possessor of a movable or of which the
2. Defamation, fraud and physical injuries owner has been unlawfully acquired, acquired
[Art. 33, NCC] it in good faith at a public sale, the owner
3. Failure or refusal of a member of the cannot acquire its return without reimbursing
police force to render aid or protection the price thereof [Art. 559, NCC].
to any person in case of danger to life 1. When the purchaser is an innocent
or property [Art. 34, NCC] purchaser for value of a property
4. When there is fault or negligence, there covered by a Torrens title [Sec. 39, Act
being no pre-existing contract between No. 496].
the parties (quasi-delict) [Art. 2176, 2. When a sale is authorized by the
NCC]. original owner of the property [U.S. v.
Evangelista, G.R. No. 4109 (1908)].
Note: Responsibility for quasi-delicts is 3. When liability to return a thing arises
separate from civil liability arising from from a contract, not from a criminal act.
negligence under the RPC, but the plaintiff In such case, the court cannot order its
cannot recover damages twice from the same return in the criminal case [People v.
act or omission [Art. 2177, CC]. Pantig, G.R. No. L-8325 (1955)].
2. What Civil Liability Includes If Thing is Damaged

If the value of the thing taken is decreased, the
What is Included in Civil Liability [Art. 104, court may order the offender to pay the amount
RPC] representing deterioration [People v.
The civil liability established in Arts. 100, 101, Mostasesa, G.R. No. L-5684 (1954)].
102, and 103 of this Code includes:
1. Restitution; b. Reparation
2. Reparation of the damage caused;
and
Page 109 of 320
The court shall determine the amount of Exceptions:
damage, taking into consideration the price of 1. When the deceased is self-employed
the thing, whenever possible, and its special and earning less than minimum wage;
sentimental value to the injured party, and or
reparation shall be made accordingly [Art. 106, 2. When the deceased was employed as
RPC]. a daily wage worker earning less than
minimum wage [People v. Mallari, G.R.
This applies when restitution is not possible No. 145993 (2003)].
[People v. Dalena, G.R. Nos. 11387-R and
11388-R (1954)]. Computation:
Computation [Art. 106, RPC] Loss of Earning Capacity = [2/3 x (80 –
REPARATION = actual value of lost item age of the deceased)] x [50% x annual gross
which cannot be recovered + sentimental income]
value to original owner
If there is proof of actual amount of living
c. Indemnification expenses, instead of using 50% of annual
gross income:
Indemnification for consequential damages Net Gross Income = gross annual income –
shall include not only those caused to the living expenses
injured party, but also those suffered by his
family or by a third person by reason of the [Abrogar v. Cosmos Bottling Corporation, G.R.
crime [Art. 107, RPC]. No. 164749 (2017)]
Indemnity v. Restitution Temperate Damages

Restitution is applicable to crimes against Given when pecuniary losses were suffered
property; whereas indemnity is applicable to but amount cannot be proven with certainty.
crimes against persons. Also, when income of the victim is not
sufficiently proven [Pleno v. Court of Appeals,
Art. 104 (civil liabilities) v. Art. 38 (providing G.R. No. L-56505 (1988)].
for the order of payment of pecuniary
liabilities) Moral Damages
Civil Pecuniary This includes physical suffering, mental
Liabilities Liabilities anguish, fright, serious anxiety, besmirched
[Art. 104] [Art. 38] reputation, wounded feelings, moral shock,
Similarities Reparation, indemnification social humiliation, and similar injury [Art. 2217,
As to Restitution Not CC].
Restitution applicable
As to Fine Not Fine, costs of It may be recovered in the following and
and Costs applicable proceedings analogous cases: [Art. 2219, CC]
1. Crime resulting to physical injuries
When Injuries are Sustained 2. Seduction, abduction, rape, or other
lascivious acts
Actual damage from injuries = whatever
3. Adultery/concubinage
he spent to treat wounds + doctor’s fees +
medicine + salary/wages unearned because 4. Illegal/arbitrary detention/arrest
5. Illegal search
of inability to work + damages due to loss of
limb/etc. 6. Libel, slander, or any other form of
defamation
7. Malicious prosecution
Lost earnings
General Rule: There must be documentary
For rape, moral damages may additionally be
proof to support the indemnity for loss of
awarded without need for pleading or proof of
earning capacity.
the basis thereof [People v. Arizapa, G.R. No.
131814 (2000)].
Page 110 of 320

Exemplary Damages same – upon the heirs of the person
Corrective damages are deterrent to serious liable.
wrongdoings, and vindication of undue 2. Action to demand restoration,
sufferings. This is imposed when there are: reparation, and indemnification –
1. One or more aggravating descends to the heirs of the person
circumstances; or injured.
2. When crime is extremely reprehensible Rules on Liability
or outrageous [People v. Combate, If there are two or more persons civilly
G.R. No. 189301 (2010)]. liable for a felony - the courts shall determine
However, the plaintiff must first show he is the amount for which each must respond [Art.
entitled to moral, temperate, or compensatory 109, RPC].
damages before exemplary damages are
awarded [Art. 2234, NCC]. 1. Liability of principals, accomplices,
and accessories - each within their
Damages to be Awarded respective class, shall be liable
The following damages is to be awarded for severally (in solidum) among
crimes involving the death of victim where the themselves for their quotas, and
penalty imposed consists of indivisible subsidiaries for those of the other
penalties (e.g., Murder, Parricide, Infanticide, persons liable.
etc.) or for simple/qualified rape [People v.
Jugueta, G.R. No. 202124 (2016)]. Order of enforcement of liability: first
against the property of the principals;
Where the penalty imposed is death but next, against that of the accomplices,
reduced to reclusion perpetua because and, lastly, against that of the
of R.A. 9346 accessories.
Civil indemnity
Moral damages P100,000 Right of person who paid: Right of
Exemplary damages action against the others for the
Where the penalty imposed is reclusion amount of their respective shares [Art.
perpetua, other than the above- 110, RPC].
mentioned
Civil indemnity 2. Liability of person who benefited
Moral damages P75,000 from the proceeds of the felony –
Exemplary damages any person who has participated
gratuitously in the proceeds of a felony
Attorney’s fees shall be bound to make restitution in an
When the defendant's act or omission has amount equivalent to the extent of such
compelled the plaintiff to litigate with third participation [Art. 111, RPC].
persons or incur expenses to protect his
interest [Art. 2208, NCC]. In Case of Death of Offender
When Death Effect
Interest Occurred
6% per annum [Sps. Abella v. Abella, G.R. No. After final Civil liability is possible
195166 (2015)]. judgment [Rule 86, ROC].
Before final Civil liability is dismissed
judgment [Art. 89(1), RPC].
3. Persons Civilly Liable
Upon Whom Obligation Devolves [Art. 108, 4. Extinction of Civil Liability
RPC]
1. Obligation to make restoration, Offender shall continue to be obliged to satisfy
reparation for damages, or the civil liability resulting from the crime
indemnification for consequential committed by him, notwithstanding the fact that
damages and actions to demand the he has served his sentence consisting of
Page 111 of 320
deprivation of liberty or other rights, or has not with their own property not exempt from
been required to serve the same by reason of execution [Art. 2180(3), NCC].
amnesty, pardon, commutation of sentence or
any other reason [Art. 113, RPC]. b. State of Necessity
There is no civil liability in justifying

Modes of Extinguishing Civil Liability circumstances except in par. 4 of Art. 11 [of the
Civil liability established in Arts. 100, 101, 102, RPC] (state of necessity), wherein the person
and 103 of the RPC shall be extinguished in the who was benefited by the act which causes
same manner as obligations, in accordance damage to another is the one civilly liable [Tan
with the provisions of the Civil Law [Art. 112, v. Standard Vacuum Oil, G.R. No. L-4160
RPC]. (1952)].
Obligations are extinguished:

1. By payment or performance;
c. Irresistible Force and
2. By the loss of the thing due; Uncontrollable Fear
3. By the condonation or remission of the
debt; The persons using violence or causing the fear
4. By the confusion or merger of the rights are primarily liable. If there be no such persons,
of creditor and debtor; those doing the act shall be liable secondarily
5. By compensation; [Art. 101, par. 7, RPC].
6. By novation [Art. 1231, NCC].
d. Innkeepers and Similar Persons
5. Special Cases
General Rule: Innkeepers, tavernkeepers, and
any other persons or corporations shall be
a. Insanity, imbecility, and those over civilly liable for crimes committed in their
9 and below 15 establishments in the following cases:
1. In default of the persons criminally
Civil Liability of Parents of Minors liable.
General Rule: A minor over 15 years of age 2. For the restitution of goods taken by
who acts with discernment is not exempt robbery or theft within their houses
from criminal liability, that is why the RPC is from guests lodging therein.
silent as to the subsidiary liability of his parents
[Sec. 6, R.A. 9344]. Exception: No liability shall attach in case of
robbery with violence against or intimidation of
Under the Art. 2180 of the Civil Code, the father persons unless committed by the innkeeper's
and, in case of his death or incapacity, the employees [Art. 102, RPC].
mother, are responsible for the damages
caused by the minor children who live in their Elements under Paragraph 1
company. 1. Innkeeper, tavernkeeper, or proprietor
of establishment or his employee must
Exception: Parents/guardians can avoid civil have committed a violation of municipal
liability by proving that there was no fault or ordinance or some general or special
negligence on their part [Paleyan v. Bangkili, police regulation.
G.R. No. L-22253 (1971)]. 2. Crime was committed in such inn,
tavern or establishment.
Civil Liability of Guardians 3. The person criminally liable is
The persons having the insane or minor under insolvent.
their legal authority or control are primarily
liable to pay the civil liability. If it is proven that Elements under Paragraph 2
there was no fault or negligence on their part, 1. Guests notified the innkeeper or the
those exempted from the crime shall respond person representing him of the deposit
Page 112 of 320

of their goods within the inn or house,
in advance.
2. The guest followed the directions of the
innkeeper or his representative with
respect to the care of the vigilance over
such goods.
3. Such goods of the guests lodging
therein were taken by robbery with
force upon things or theft committed
within the inn or house.
6. Subsidiary Liability of Other

Persons
Subsidiary liability shall also apply to
employers, teachers, persons, and
corporations engaged in any kind of industry
for felonies committed by their servants, pupils,
workmen, apprentices, or employees in the
discharge of their duties [Art. 103, RPC].
Elements:
1. Employer, teacher, person or
corporation is engaged in any kind of
industry.
2. Any of their servants, pupils, workmen,
apprentices or employees commits a
felony while in the discharge of his
duties.
3. The said employee is Insolvent and
has not satisfied his civil liability.
4. Employee was convicted in a criminal
action.
How Enforced
There must be a motion for subsidiary writ of
execution against the employer and upon proof
that the employee is insolvent [Basilio v. Court
of Appeals, G.R. No. 113433 (2000)].
Note:
1. Private persons without business or
industry are not subsidiarily liable but
may be primarily liable under culpa
aquiliana [Steinmetz v. Valdez, G.R.
No. 47655 (1941)].
2. Employer has the right to take part in
the defense of his employee. [Miranda
v. Malate Garage & Taxicab, G.R. No.
L-8943 (1956)].
Page 113 of 320

CRIMINAL LAW II
CRIMINAL LAW
CRIMINAL LAW II FOR UP CANDIDATES ONLY CRIMINAL LAW
Elements
II. Book II (Articles 114-
Mode 1: Levying Mode 2:
365 of the RPC) and War [AWLAT] Adherence to the
Related Special Laws Enemy and Giving
of Aid and
Comfort [AWAG]
A. CRIMES AGAINST 1. Offender is a Filipino or Resident alien

owing Allegiance to the Government of the
NATIONAL SECURITY AND Philippines
THE LAW OF NATIONS
2. There is a War in which the Philippines is
[ARTS. 114-123] involved
1. Chapter 1: Crimes against 3. The offender 3. Offender

Levies war against Adheres to the
National Security the government enemies and Gives
4. There must be an them aid or comfort
a. Article 114 - Treason actual Assembly of
men; and
General Concepts 5. It is for the
purpose of executing
1. Treason – breach of allegiance to a a Treasonable
government, committed by a person design by force [See
who owes allegiance to it [U.S. v. Abad, U.S. v. Lagnason,
G.R. No. 976 (1902)]. G.R. No. 1582,
2. Two (2) Modes of Commission [LA]: March 28, 1904].
a. Levying War
b. Adherence to the enemy and
giving of aid and comfort Allegiance
3. Place of Commission The obligation for fidelity and obedience which
a. If by a Filipino citizen – can be the individual owes to the government under
committed outside of the which he lives, or to his sovereign in return for
Philippines. the protection he receives [Laurel v. Misa, G.R.
b. If by an alien – must be No. L-409 (1947)].
committed in the Philippines.
4. Nature: Continuing offense – It may be Nature: Allegiance can be [Laurel v. Misa,
committed by one single act, by a supra]:
series of acts, or by several series a. Permanent – obligation of fidelity and
thereof, not only in a single time, but in obedience which a citizen or subject
different times, it being a continuous owes to his government or sovereign.
crime [People v. Victoria, G.R. No. L- b. Temporary – obligation of fidelity and
369 (1947)]. obedience which a resident alien owes
to his government.
Adherence
An intent to betray; when a citizen intellectually
or emotionally favors the enemy and harbors
sympathies or convictions [Cramer v. US, 65
Sup. Ct. 918 (1945)].
Adherence may be proved [ONC]:

1. By One witness;
Page 115 of 305
2. From the Nature of the act itself; or a. Two witness rule: The
3. From the Circumstances surrounding the testimony of two witnesses is
act [People v. Adriano, G.R. No. L-477 required to prove the overt act
(1947)]. of giving aid or comfort, but it is
not necessary to prove
Aid or Comfort adherence. Each of the
An act which strengthens or tends to witnesses must testify to the
strengthen the enemy and an act which whole overt act; or if it is
weakens or tends to weaken the power of the separable, there must be two
traitor’s country to resist or to attack the enemy witnesses to each part of the
[Cramer v. US, supra]. overt act [People v. Escleto,
G.R. No. L-1006 (1949)].
The overt act of aid and comfort to the enemy 2. Confession of accused in open court.
must be intentional.
Aggravating Circumstances
Acts not constituting treason
Allowable [ICAG]
1. “Commandeering" of women to satisfy 1. Ignominy [People v. Adlawan, G.R.
the lust of Japanese officers or men or No. L-456 (1949)]
to enliven the entertainments held in 2. Cruelty [Id.]
their honor. Sexual and social relations 3. Amount or degree of aid [People v.
with the Japanese did not directly and Caña, G.R. No. L-1678, (1950)]
materially tend to improve their war 4. Gravity of separate distinct acts of
efforts or to weaken the power of the treason [Id.]
US [People v. Perez, G.R. No. L-856
(1949)]. Not Allowable/ Inherent Circumstances
2. Acceptance of public office and [EAT]
discharge of official duties under the 1. Evident premeditation [People v.
enemy [People v. Sison, P.C. 42 O.G. Racaza, G.R. No. L-365, (1949)]
748]. 2. Abuse of Superior strength [Id.]
3. Treachery [People v. Roble, G.R. No.
Treatment of common crimes connected L-433 (1949)]
with the charge of Treason
Defenses Against Treason
General Rule: When the killings and other
common crimes are charged as overt acts of
Acceptable (DL) Unacceptable (SL)
treason, they cannot be regarded: (a) as
separate crimes, or (b) as complexed with
treason. 1. Duress or 1. Suspended
uncontrollable fear allegiance and change
Exception: The rule would not preclude the [El Pueblo de in sovereignty [Laurel
punishment of murder or other common Filipinas v. v. Misa, supra]
crimes, if the prosecution should elect to Bagalawis, G.R.
prosecute the culprit specifically for these No. L-262 (1947)] 2. Loss of citizenship
crimes, instead of relying on them as an by the mere joining of
element of treason [People v. Prieto, G.R. No. 2. Lawful army of the enemy
L-399 (1948)]. obedience to a de [People v. Manayao,
facto Government G.R. No. L-322
Two Ways of Proving Treason [Art. 114, [Go Kim Cham v. (1947)]
par. 2, RPC] Valdez, G.R. No.
L-5 (1945)]
1. Testimony of at least two witnesses to
the same overt act; or
Page 116 of 305

b. Article 115 - Conspiracy and 2. Punishment
Proposal to Commit Treason ● Punishment imposed is as an
accessory to treason.
Elements ● However, the offender is still a
principal to the crime of misprision
of treason. Hence, Art. 20 of the
Conspiracy to Proposal to commit RPC, exempting certain
commit Treason Treason [WOnLAP] accessories related to the persons
[WaTLAD] involved in a crime, does not apply
in this case. [REYES]
1. There is a War in which the Philippines is
involved
Misprision of Treason v. Treason
2. At least Two 2. At least One
persons agree person decides to Misprision of Treason
to: a. Levy war Treason [Art. 114]
a. Levy war against the [Art. 116]
against the government; or
government; b. Adhere to the As to the Offender
or enemies, giving
b. Adhere to them aid or Offender is a Filipino Offender may be a
the comfort Citizen Filipino or Resident
enemies, alien owing
giving them allegiance to the
aid or Government of the
comfort Philippines
3. They Decide to 3. That person Acts Punished

commit it Proposes its execution
to other persons What is punished is What is punished is
the concealment or the act of:
failure to disclose of 1. levying war; or
The two-witness rule does not apply (in a conspiracy to 2. adherence to the
conspiracy and proposal) because this is a commit treason enemy and the
separate and distinct offense from that of giving of aid and
treason [U.S. v. Bautista, G.R. No. L-2189 Since the provision comfort.
(1906)]. speaks only of
“knowledge of any
c. Article 116 - Misprision of Treason conspiracy against”
and not knowledge
1. Elements [CCC]: of treason actually
1. Offender is a Citizen of the committed by
Philippines another, it
2. He has knowledge of Conspiracy presupposes that
to commit treason against the the crime of treason
government is not yet
3. He Conceals or does not disclose consummated [Art.
and make known the same as 116, RPC].
soon as possible to the governor
or fiscal of the province in which he As to the Penalty
resides, or the mayor or fiscal of
Penalty is Principal offender is
the city in which he resides
equivalent to that of punished by
an accessory to reclusion perpetua
Page 117 of 305

Misprision of Treason Entering without Disclosing by a

Treason [Art. 114] Authority [EAPD] Public Officer
[Art. 116] [PPD]
treason. to death and a fine 2. He has no the defense of

not to exceed Authority the Philippines,
However, the P4,000,000. 3. His Purpose is to by reason of the
offender is still a obtain public office he
principal to the Likewise, an alien information, holds;
crime of misprision residing in the plans, 3. That he
of treason. Hence, Philippines, who photographs or Discloses their
Art. 20 of the RPC commits acts of other data of a contents to a
which provides for treason as defined confidential representative of
accessories who in paragraph 1 of nature a foreign nation.
are exempt from this Article, shall be 4. What is sought
criminal liability punished by to be obtained is
does not apply in reclusion temporal relative to the
this case [Art. 20, to death and shall Defense of the
RPC]. pay a fine not to Philippines
exceed P4,000,000
[R.A. 10951]. As to the Offender
Offender can be any Offender should be a

d. Article 117 - Espionage person who has no public officer.
authority to obtain
Punishable Acts [2 Modes] [ED] information, plans,
1. By Entering, without authority, a etc.
warship, fort, or naval or military
establishment or reservation to As regards the information
obtain any information, plans,
photographs, or other data of a Information need not Articles, data or
confidential nature relative to the be obtained. The information of
defense of the Philippines intention to obtain confidential nature
2. Disclosing by public officer of information is are disclosed.
confidential information to a sufficient.
foreign representative
Espionage v. Treason
Distinctions between Modes
Espionage Treason
Entering without Disclosing by a [Art. 117] [Art. 114]
Authority [EAPD] Public Officer
[PPD] As to the Offender
As regards the Elements Offender can be a citizen or an alien
1. Offender Enters 1. That the offender

a Warship, Fort, is a Public officer; When committed
or Naval or 2. That he has in his
May be committed Committed only in
Military Possession the both in times of war times of war
Establishment or articles, data or and in times of peace
Reservation information of a
[WaFoNaMER] confidential
nature relative to
Page 118 of 305
Qualifying Circumstance for (c):
How committed
If the offender intended to aid the enemy by
May be committed in Limited to two (2) giving such notice or information, the penalty
many ways ways of: will be reclusion temporal to death.
a. Levying of war;
and Note: In this case, the offender may either be
b. Adhering to the prosecuted under this Article or for Treason.
enemy and For practical purposes, prosecution under this
giving him aid or Article is more expeditious because it will not
comfort require application of the two-witness rule.
Correspondence
e. Article 118 – Inciting to War or This is communication by means of letters
Giving Motives for Reprisals which pass between those who have friendly or
business relations.
Elements [UPE]:
1. Offender performs Unlawful or Even if the correspondence contains innocent
unauthorized acts matters, if the correspondence has been
2. The acts: prohibited by the Government, it is punishable.
a. Provoke or give occasion for a war However, prohibition by the Government is not
involving or liable to involve the essential in instances (b) and (c).
Philippines; or
b. Exposure of Filipino citizens to h. Article 121 – Flight to Enemy’s
reprisals on their persons or Country
property
Elements [WAAP]:
f. Article 119 - Violation of Neutrality 1. There is a War in which the Philippines
is involved
Elements [WRV]: 2. Offender owes Allegiance to the
1. There is War in which the Philippines is not government
involved 3. Offender Attempts to flee or go to an
2. There is a Regulation issued by a enemy country
competent authority to enforce neutrality 4. Going to the enemy country is
3. Offender Violates the regulation Prohibited by competent authority
Notes:
g. Article 120 – Correspondence with ● Aliens may be guilty - The allegiance
contemplated in this article is either
Hostile Country
natural or temporary allegiance, unlike
in other provisions such as Art. 114 and
Elements [WC-PCU]:
116 which have a qualification of “not
1. There is War in which the Philippines is
being a foreigner”
not involved
● Mere attempt consummates the felony
2. Offender makes Correspondence with
when prohibited by competent
an enemy country or territory occupied
authority consummates the felony
by enemy troops
3. The correspondence is either –
a. Prohibited by the government,
i. Article 122 – Piracy in General and
or Mutiny on the High Seas or in
b. Carried on in Ciphers or Philippine Waters
conventional signs; or
c. Containing notice or
information which might be
Useful to the enemy
Page 119 of 305
Elements of Piracy
the vessel or seize the vessel or seize its
Mode 1: Attacking Mode 2: Seizing the its cargo are cargo are members of
or seizing the cargo [VNSI] strangers to said the crew or
vessel [VCASI] vessels passengers
1. The Vessel is on the high seas or As to necessity of intent to gain

Philippine waters
Intent to gain is Intent to gain is not
2. Offender may be 2. Offenders are essential essential. The
a Complement or Neither members of offenders may only
passenger of the its complement nor intend to ignore the
vessel passengers of the ship’s officers or they
vessel may be prompted by a
desire to commit
3. The Offender 3. Offenders are plunder.
Attacks or Seizes Neither members of
the vessel its complement nor
passengers of the
Piracy as defined in Art. 122 of the RPC
vessel (as amended by R.A. 7659) v. Piracy as
provided in P.D. 532 (“Anti-Piracy and
4. There is Intent to gain Anti-Highway Robbery Law of 1974”)
High Seas Art. 122 of the RPC, P.D. 532

The parts of the seas that are not included in as amended by R.A.
the exclusive economic zone, in the territorial 7659
seas, or in the internal waters of a state, or in
the archipelagic waters of an archipelagic state Article 122 of the Under P.D. 532
[UN Convention on the Law of the Sea]. RPC, before its (issued in 1974),
amendment, provided the coverage of the
Jurisdiction that piracy must be law on piracy
The jurisdiction of piracy unlike all other crimes committed on the embraces any
has no territorial limits. Pirates are in law high seas by any person including “a
hostes humani generis. Piracy is a crime not person not a member passenger or
against any particular State but against all of its complement nor member of the
mankind. It may be punished in the competent a passenger thereof. complement of said
tribunal of any country where the offender may vessel in Philippine
be found or into which he may be carried Upon its amendment waters.”
[People v. Lol-lo and Saraw, G.R. No. 17958, by R.A. 7659, the
(1922)]. coverage of the Hence, passenger
pertinent provision or not, a member of
Mutiny was widened to the complement or
Mutiny is the unlawful resistance to a superior include offenses not, any person is
officer, or the raising of commotions and committed “in covered by the law.
disturbances on board a ship against the Philippine waters.”
authority of its commander. [People v. Tulin, G.R. No. 111709 (2001)]
Piracy v. Mutiny Note: R.A. 7659 neither superseded nor

amended the provisions on piracy under P.D.
Piracy Mutiny
532. There is no contradiction between the two
As to the Attacker laws. There is likewise no ambiguity and
hence, there is no need to construe or interpret
Persons who attack Persons who attack the law. All the presidential decree did was to
widen the coverage of the law, in keeping with
Page 120 of 305
the intent to protect the citizenry as well as Philippine Highway [Sec. 2, P.D. 532]
neighboring states from crimes against the law Refers to any road, street, passage, highway
of nations [People v. Tulin, supra]. and bridges or other parts thereof, or railway or
railroad within the Philippines used by persons,
j. Article 123 – Qualified Piracy or vehicles, or locomotives or trains for the
movement or circulation of persons or
Qualifying Circumstances [B-FA- transportation of goods, articles, or property or
MHPR] both
1. Whenever the vessel is seized by
Boarding or Firing upon the same; Punishable Acts [Sec 4, P.D. 532]
2. Whenever the pirates have Abandoned 1. Piracy
their victims without means of saving a. Attack upon or seizure of any
themselves; or vessel
3. Whenever the crime is accompanied b. Taking away of the whole or
by Murder, Homicide, Physical injuries part thereof or its cargo,
or Rape equipment, or the personal
belongings of its complement
This is a special complex crime, regardless of or passengers, irrespective of
the number of victims. [People v. Siyoh, G.R. the value thereof, by means of
No. L-57292 (1986)] violence against or intimidation
of persons or force upon things
c. Committed by any person,
“Pirates”
including a passenger or
It seems as if “pirates” in paragraph 2 should
member of the complement of
actually be in paragraph 1 because in
said vessel
paragraph 1, the mutineers, being already in
d. In Philippine waters
the vessel, cannot seize the vessel by boarding
e. Penalty: Reclusion Temporal
or firing upon the same.
in its medium and maximum
period
2. Chapter 2: Special Penal i. If rape, murder or
Laws homicide is committed
as a result or on the
a. Anti-Piracy and Anti-Highway occasion of piracy, or
Robbery (P.D. 532) when the offenders
abandoned the victims
without means of
Philippine Waters [Sec. 2, P.D. 532]
saving themselves, or
Refers to all bodies of water, such as but not
when the seizure is
limited to, seas, gulfs, bays around, between
accomplished by firing
and connecting each of the Islands of the
upon or boarding a
Philippine Archipelago, irrespective of its
vessel, the mandatory
depth, breadth, length, or dimension, and all
penalty of death shall
other waters belonging to the Philippines by
be imposed.
historic or legal title, including territorial sea,
the sea-bed, the insular shelves, and other
2. Highway Robbery/Brigandage
submarine areas over which the Philippines
a. Seizure of any person for
has sovereignty or jurisdiction.
ransom, extortion or other
unlawful purposes
Vessel [Sec. 2, P.D. 532]
b. Taking away of the property of
Any vessel or watercraft used for transport of
another by means of violence
passengers and cargo from one place to
against or intimidation of
another through Philippine Waters. Includes all
person or force upon things of
kinds and types of vessels or boats used in
other unlawful means
fishing.
c. Committed by any person
Page 121 of 305
d. On any Philippine Highway Terrorism under R.A. 11479 [Sec. 4, R.A.
11479] [poWER P]
3. Aiding pirates or highway
robbers/brigands or abetting 1. Committed by any person
piracy or highway 2. Within or outside the Philippines
robbery/brigandage 3. Regardless of the stage of execution
a. Any person who knowingly and 4. Engages in acts intended to cause [P
in any manner aids or protects WILD]
pirates or highway a. Death or serious bodily injury to
robbers/brigands, such as any person, or endangers a
giving them information about person’s life
the movement of police or b. Extensive damage or
other peace officers of the destruction to a government or
government, or acquires or public facility, public place or
receives property taken by private property
such pirates or brigands or in c. Extensive interference with,
any manner derives any benefit damage or destruction to
therefrom critical Infrastructure
b. Any person who directly or d. Develops, manufactures,
indirectly abets the commission possesses, acquires,
of piracy or highway robbery or transports, supplies or uses
brigandage, shall be Weapons, explosives or of
considered as an accomplice biological, nuclear, radiological
of the principal offenders and or chemical weapons
be punished in accordance e. Release of dangerous
with the Rules prescribed by Substances, or causing fire,
the RPC. floods or explosions
5. When the purpose of such act, by its
b. Anti-Terrorism Act of 2020 (R.A. nature and context, is to
11479) a. Intimidate the general public or
a segment thereof,
Note: In the recent case of Calleja v. Executive b. Create an atmosphere or
Secretary [G.R. No. 252578 (2021)], the Court spread a message of fear,
struck down as unconstitutional a proviso in c. Provoke or influence by
Sec. 4 of R.A. 11479, for being overbroad. This intimidation the government or
proviso allows various acts to be punished as any international organization,
acts of terrorism “if intended to cause death or d. Seriously destabilize or destroy
serious physical harm to a person, to endanger the fundamental political,
a person's life, or to create a serious risk to economic, or social structures
public safety.” The Court also struck down as of the country,
unconstitutional “the second mode of e. Create a public emergency or
designation found in paragraph 2 of Section seriously undermine public
25,” which refers to designation requests from safety
other jurisdictions, because the mode gives the
Anti-Terrorism Council (ATC) unbridled Other Punishable Acts in R.A. 11479
discretion in accepting or denying such [Sec. 5-12, R.A. 11479]
designation requests, without providing any
sufficient standard for how to act on such 1. Any person who shall threaten to
requests. commit any of the aforementioned
acts in Sec. 4.
2. Participate in the planning, training,
preparation and facilitation in the
commission of terrorism, possessing
Page 122 of 305

objects connected with the preparation 8. Providing material support to any
for the commission of terrorism, or terrorist individual or terrorist
collecting or making documents organization, association or group of
connected with the preparation of persons committing any of the acts
terrorism. punishable under Sec. 4 hereof,
3. Any conspiracy to commit terrorism. knowing that such individual or
4. Proposing to commit terrorism. organization, association, or group of
5. Any person who without taking any persons is committing or planning to
direct part in the commission of commit such acts.
terrorism, shall include others to the
execution of any of the acts of terrorism Who are Liable [Sec. 3 (l) &(m), 14, R.A.
by means of speeches, proclamations, 11479]
writings, emblems, banners or other
representations tending to the same 1. Terrorist Individual
end. a. Natural person who commits acts
6. Recruiting another to participate in, defined and penalized by RA
join, commit or support terrorism or a 11479
terrorist individual or any terrorist 2. Terrorist Organization, Association or
organization, association or group of Group of Persons
persons proscribed under Section 26 of a. Entity organized for purpose of
this Act, or designated by the United engaging in terrorism, or those
Nations Security Council as a terrorist prescribed under Sec. 26 of RA
organization, or organized for the 11479 or the United Nations
purpose of engaging in terrorism. Security Council designated
7. Foreign Terrorists [Sec. 11, R.A. terrorist organization
11479] 3. Accessory
a. Travelling or attempting to a. Person who, having knowledge, of
travel to a state other than the commission of any of the
his/her state of residence or crimes defined and penalized by
nationality for the purpose of RA 11479, without having
perpetrating, planning, or participated therein, takes part
preparing for, or participating subsequent to its commission in
in terrorism, or providing or any of the following manner:
receiving terrorist training. i. Profiting himself/herself or
b. Organizing or facilitating the assisting the offender to
travel of individuals who profit by the effects of the
travel to a state other than their crime
states of residence or ii. Concealing or destroying
nationality knowing that such the body of the crime, or the
travel is for the purpose of effects, or instruments
perpetrating, planning, training, thereof, to prevent its
or preparing for, or participating discovery
in terrorism or providing or iii. Harboring, concealing or
receiving terrorist training. assisting in the escape of
c. For any person residing abroad the principal or conspirator
who comes to the Philippines of the crime
to participate in perpetrating, iv. Penalty: 12 years
planning, training, or
preparing for, or Surveillance of Suspects and Interception
participating in terrorism or and Recording of Communications [Sec
provide support for or 16, R.A. 11479]
facilitate or receive terrorist
training here or abroad.
Page 123 of 305

Provisions of the “Anti-Wire Tapping Law” Detention without Judicial Warrant [Sec
(R.A. 4200) to the contrary notwithstanding, a 29, R.A. 11479]
law enforcement agent or military personnel
may, upon a written order of the Court of Any law enforcement agent or military
Appeals secretly wiretap, overhear and listen personnel, who, having been duly authorized in
to, intercept, screen, read, surveil, record or writing by the ATC has taken custody of a
collect, with the use of any mode, form kind or person of committing any of the acts defined
type of electronic, mechanical or other and penalized by the Act shall deliver said
equipment or device or technology now known suspected person to the proper judicial
or may hereafter be known to science or with authority within 14 calendar days counted from
the use of any other suitable ways and means the moment the said suspected person has
for the above purposes, any private been apprehended or arrested, detained, and
communications, conversation, discussion/s, taken into custody by the law enforcement
data, information, messages in whatever form, agent or military personnel.
kind or nature, spoken or written words
between: The period of detention may be extended to a
1. Members of a judicially declared and maximum period of 10 calendar days if it is
outlawed terrorist groups; established that:
2. Members of a designated person as 1. Further detention of the person’s is
defined in Section 3(e) of R.A. 10168; necessary to prevent the commission
or of another terrorism or complete the
3. Any person charged with or suspected investigation
of committing any of the crimes defined 2. Further detention of the person/s is
and penalized under provision of Act. necessary to prevent the commission
of another terrorism
Surveillance, interception, and recording of 3. Investigation is being conducted
communications between lawyers and clients, properly and without delay.
doctors and patients, journalists and their
sources and confidential business Immediately after taking custody of a person
correspondence shall not be authorized. suspected of committing terrorism or any
member of a group of persons, organization or
Law enforcement agent or military personnel association, the law enforcement agent or
shall be obligated to: military personnel shall notify in writing the
1. File an ex-parte application with Court judge of the court nearest the place of
of Appeals for issuance of an order, to apprehension or arrest of the following facts:
compel telecommunications service 1. The time, date, and manner of arrest
providers (TSP) and internet service 2. The location or locations of the
providers (ISP) to produce all customer detained suspect/s
information and identification records 3. Physical and mental condition of the
as well as call and text data records, detained suspect/s.
content and other cellular or internet
metadata of any person suspected of The law enforcement agent or military
any of the crimes defined and personnel shall likewise furnish the ATC and
penalized under the provisions of this the CHR of the written notice given to the
Act. judge.
2. Furnish National Telecommunications
Commission (NTC) a copy of said The head of the detaining facility shall ensure
application. The NTC shall be notified that the detained suspect is informed of his/her
upon issuance of the order for the rights as a detainee and shall ensure access to
purpose of ensuring immediate the detainee by his/her counsel or agencies
compliance. and entities authorized by law to exercise
visitorial powers over detention facilities
Page 124 of 305

No Torture or Coercion in Investigation Public officer or employee
and Interrogation [Sec 33, R.A. 11479] The public officers must be vested with
authority to detain or order the detention of
The use of torture and other cruel, inhumane persons accused of a crime (i.e., policemen
and degrading treatment or punishment and other agents of the law, the judges or
defined by the “Anti-Torture Act of 2009” at any mayors and barangay captains) [Milo v.
time during the investigation or interrogation of Salanga, G.R. No. L-37007 (1987)].
a detained suspected terrorist is absolutely
prohibited and shall be penalized under said Detention
law. Refers to the actual confinement of a person in
an enclosure, or in any manner detaining and
Any evidence obtained from said detained depriving him of his liberty [People v. Gungon,
person resulting from such treatment shall be, G.R. No. 119574 (1998)].
in its entirety, inadmissible.
It can refer to both physical and psychological
B. CRIMES AGAINST THE restraint [People v. Fabro, G.R. No. 208441
(1998)].
FUNDAMENTAL LAW OF
THE STATE [ARTS. 124 - Penalty Based on Length of Wrongful
Detention
133]
Has not exceeded 3 Arresto Mayor in its
1. Chapter 1: Arbitrary Detention days maximum period to
or Expulsion, Violation of prision correccional
in its minimum period
Dwelling, Prohibition,
Interruption, and Dissolution of More than 3 days Prision Correccional
Peaceful Meetings and Crimes but not more than in its medium period
15 days and maximum
Against Religious Worship periods.
a. Article 124 - Arbitrary Detention More than 15 days Prision Mayor

but not
Arbitrary Detention more than 6
Any public officer or employee who without months
legal grounds detains a person.
Exceeded 6 months Reclusion temporal
Elements [PWD]:
1. Offender is a Public officer or employee
2. He Detains a person Notes:
3. Detention is Without a legal ground; 1. Art 124 does not fix the minimum
detention is without legal ground if not period of detention [US v. Braganza,
made under the following G.R. No. L-3971].
circumstances [CIA]: 2. Arbitrary detention may be committed
a. Upon the Commission of a through imprudence. The offense falls
crime; under Art. 365 par. 2 in connection with
b. Violent Insanity; or Art. 124, par. 1 [People v. Misa, C.A.,
c. Any other Ailment requiring 36 O.G. 3496].
compulsory confinement of the
patient in a hospital b. Article 125 - Delay in the Delivery of
Detained Persons to the Proper
Judicial Authorities
Page 125 of 305

Elements [PDF-12-18-36]: Computation of periods
1. Offender is a Public officer or employee An election day or special holiday, should not
2. He Detains a person for some legal be included in the computation of the period
ground (includes valid warrantless prescribed by law for the filing of
arrests) complaint/information in courts in cases of
3. He Fails to deliver such person to the warrantless arrests, it being a ‘no-office day’
proper judicial authorities within – [Soria v. Desierto, G.R. No. 153524 (2005),
a. 12 hours for light penalties citing Medina v. Orozco, G.R. No. L-26723
b. 18 hours for correctional (1966)]
penalties
c. 36 hours for afflictive or capital Circumstances considered in
penalties determining the liability of the offender
[MH-OTI]
Delivery 1. Means of communication;
It may also mean constructive delivery (e.g., 2. Hour of arrest; and
by the filing of the correct information with the 3. Other circumstances such as:
proper court) or the turning over the person a. Time of surrender;
arrested to the jurisdiction of the court. The b. Material possibility for the fiscal
purpose is to determine whether the offense is to make the Investigation file in
bailable or not [Sayo v. Chief of Police, G.R. time the necessary information
No. L-2128 (1948)]. [Sayo v. Chief of Police, supra].
When a Judge is not Available Waiver: Before the complaint or information is

Where a judge is not available, the arresting filed, the person arrested may ask for a
officer is duty bound to release the person preliminary investigation in accordance with
detained, if the maximum hours for detention Rule 112 of the Revised Rules of Criminal
provided under Art. 125 of the RPC have Procedure, but he must sign a waiver of the
already expired [Albior v. Auguis, A.M. P-01- provisions of Article 125 of the RPC in the
1472 (2003)]. presence of his counsel [Rule 112, Sec. 7
par.2].
Period to Deliver
Arbitrary Detention v. Delay in Delivery
General Rule: Delivery should be made within
Arbitrary Delay in Delivery of
12, 24, or 36 hours, depending on the
Detention Detained Persons [Art.
imposable penalty
[Art. 124] 125]
Exception: For those charged with or is
No warrant of No warrant of arrest,
suspected of terrorism or conspiracy to commit
arrest BUT arrest was made
terrorism, the applicable period is 14 days,
with legal ground/s.
which may be extended by a further 10
calendar days if it is established that: From the The detention is legal in
1. further detention of the person/s is beginning, the the beginning, BUT the
necessary to preserve evidence detention is illegality of the detention
related to terrorism or complete the illegal starts from the
investigation; expiration of any of the
2. further detention of the person/s is periods specified in Art.
necessary to prevent the commission 125.
of another terrorism; and
3. the investigation is being conducted
properly and without delay [Sec. 29, c. Article 126 - Delaying Release
R.A. 11479].
Elements [P-DSPP]:
Page 126 of 305

2. Offender without good reason Delays 2. Papers or effects not constituting
the: evidence of a crime are Not returned
a. Service of the notice of the immediately after the search
judicial or executive order for
the release of the prisoner or Mode 1, Mode 2, and Mode 3
detention prisoner; Mode 1 - Dwelling – a building or
b. Performance of such judicial or Entrance to structure, exclusively used
executive order for the release dwelling for rest and comfort; a
of the prisoner or detention against the combination house and
prisoner; or will of the store is not considered a
c. Proceedings upon a petition for Owner “dwelling” [People v.
the release of such person Magnaye, G.R. No. L-3510
(1951)]
d. Article 127 – Expulsion
Against the Will of the
Elements [P-EC-N]: Owner - presupposes
1. Offender is a Public officer or employee opposition or prohibition by
2. He either: the owner, whether
a. Expels any person from the express or implied, and not
Philippines; or merely the absence of
b. Compels a person to change consent [People v. Luis
residence Sane, C.A. 40 O.G., Supp.
3. Offender is Not authorized to do so by 5, 113; See U.S. v. Arceo,
law G.R. No. 1491 (1904)]
Mode 2 - Search – the examination
Note: Only a court, by final judgment, can Search of a person’s body or
compel a person to legally change his without property or other area that
residence. The city mayor of Manila committed previous a person would reasonably
the crime of expulsion when he ordered certain consent of expect to consider as
prostitutes to be transferred to Davao owner private, conducted by a law
WITHOUT observing due process since they enforcement officer for the
have not been charged with any crime. purpose of finding evidence
[Villavicencio v. Lukban, G.R. No. L-14639, of a crime [U.S. v. Delos
(1919)]. Reyes, G.R. No. 6800,
(1911)].
e. Article 128 – Violation of Domicile
Silence of the Owner
Elements [PN-ESR]: during the Warrantless
1. Offender is a Public officer or employee Search - may show implied
2. He is Not authorized by judicial order waiver [Rojas v. Sps.
3. He performed the following acts: Matillano, G.R. No. 141176
a. Entered the dwelling against the (2004)].
will of the owner; Mode 3 - The entry by itself does not
b. Searched for papers or other Refusal to consummate the crime;
effects therein without the leave the there must be a directive to
previous consent of such owner; or premises leave once discovered, and
c. Refused to leave the premises, after (a) non-compliance with such
after having surreptitiously entered surreptitious directive. What constitutes
such dwelling and having been entry and (b) the crime is the refusal of
required to leave the same. after being the offender to leave the
required to premises when required to
Qualifying circumstances [N-Nr]: leave the do so—not the entrance
1. Nighttime; or same into the dwelling.
Page 127 of 305

Notes:
Mode 1: Procuring Mode 2: Exceeding
● Inhabitant is Sufficient – although the
Search Warrant Authority or Using
code speaks of the owner of the
Without Unnecessary
premises, an inhabitant would be
Just Cause [PSC] Severity in the
sufficient if he is the lawful occupant of
Execution [PSE]
the dwelling [U.S. v. Delos Reyes,
supra]. 3. There is no just 3. He Exceeds his
● Not Authorized by Judicial Order - Cause authority or uses
when he is not armed with a search unnecessary severity
warrant duly issued by the court [Id.] Note: The true test in executing the same
of lack of just cause
A public officer who breaks into the premises is whether the "Exceeding authority"
incurs no liability when a person to be arrested affidavit filed in could include seizing
enters said premises and closes it thereafter, support of the property not covered
provided that the officer first gives a notice of application for by the search warrant
arrest. [Sec. 11, Rule 113, Revised Rules of search warrant has [Uy Kheytin, et al. v.
Criminal Procedure]. been drawn in such Villareal, et al., G.R.
a manner that No. 16009 (1920)], or
The following are the accepted exceptions to perjury could be executing the warrant
the search warrant requirement [People v. charged thereon during the nighttime
Doria G.R. No. 125299 (1999)] and People v. and the affiant be without express
Elamparo [G.R. No. 121572 (2000)]: held liable for permission from the
a. Search incidental to a lawful arrest; damages caused. court [Rule 126, Sec.
b. Search of moving vehicles; The oath required 9, Rules of Court;
c. Evidence in plain view; must refer to the Cacho-Olivares v.
d. Stop and frisk; truth of the facts Ermita, G.R. No.
e. Customs searches; and within the personal 171409 (2006)].
f. Consented warrantless search. knowledge of the These do not always
applicant or his involve "unnecessary
f. Article 129 - Search Warrants witnesses [Alvarez severity."
Maliciously Obtained and Abuse in the v. CFI, et al., G.R.
Service of those Legally Obtained No. L-45358 "Unnecessary
(1937)]. severity" refers to use
Two (2) Modes of Commission: of unnecessary force
1. Procuring a search warrant without just in executing the
cause; or warrant. The officers
2. Exceeding his authority or by using may be acting within
unnecessary severity in executing a their authority in
search warrant legally procured seizing the property
as authorized by the
Elements court, but they did so
in such a way as to,
Mode 1: Procuring Mode 2: Exceeding e.g., cause undue
Search Warrant Authority or Using damage to property.
Without Unnecessary
Just Cause [PSC] Severity in the
Execution [PSE] g. Article 130 - Searching Domicile
Without Witnesses
Elements [PASO]:
2. He procures a 2. He has already 1. Offender is a Public officer or employee
Search warrant legally procured a 2. He is Armed with search warrant
Search warrant legally procured
Page 128 of 305

3. He Searches the domicile, papers or h. Article 131 - Prohibition,
other belongings of any person Interruption and Dissolution of
4. The Owner, or any members of his Peaceful Meetings
family, or two witnesses residing in the
same locality are not present
Elements [OP - PHA]:
1. Offender is a public officer or employee
Witnesses – must be of sufficient age and
2. He Performs any of the following acts:
discretion residing within the same locality
a. Prohibiting, interrupting, or
[Sec. 8, Rule 126, Rules of Court]
dissolving, without legal
ground, the holding of a
Note: Section 8 mandates that the search of a
peaceful meeting
house, room, or any other premise be made in
b. Hindering any person from:
the presence of the lawful occupant thereof or
i. Joining any lawful
any member of his family or in the absence of
association; or
the latter, in the presence of two (2) witnesses
ii. Attending any of its
of sufficient age and discretion residing in the
meetings
same locality [Cacho-Olivares v. Ermita,
c. Prohibiting or hindering any
supra]. Thus, only in the absence of the lawful
person from Addressing, either
occupant thereof or any member of his family,
alone or together with others,
can two witnesses be resorted to for
any petition to the authorities
compliance with the requirements for the
for the
proper execution of a search. In other words,
i. Correction of abuses; or
this “two witness” rule is not an alternative
ii. Redress of grievances
option when (a) the lawful occupant or (b) any
member of his family, is present.
Disturbance of a Municipal Council
Meeting
Rationale: Search in the presence of
Interrupting and dissolving the meeting of a
witnesses specified by the law is mandatory to
municipal council by a public officer is a crime
ensure regularity in the execution of the search
against a legislative body, which is in violation
warrant [People v. Gesmundo, G.R. No. 89373
of Sec. 1 of Act. No. 1755 [People v. Alipit, G.R.
(1993)].
No. 18853 (1922)].
Violation of Domicile, Distinguished
i. Article 132 - Interruption of Religious
Violation of Search Searching Worship
Domicile Warrants Domicile
[Art. 128] Maliciously Without Elements [PRD]:
Obtained or Witnesses 1. Offender is a Public officer or employee
Abuse in its [Art. 130] 2. Religious ceremonies or
Service manifestations of any religion are about
[Art. 129] to take place or are going on
3. Offender prevents or disturbs the same
NO warrant A warrant is A warrant is
is present present, BUT present, BUT
Qualifying circumstance
(1) warrant there was a
If the crime is committed with violence or
was defect in its
threats.
maliciously implementati
obtained; or on
(2) there was
Actual Religious Ceremony Must be
abuse in its Conducted
execution There must actually be a religious ceremony
being conducted on that occasion, either by
itself or in conjunction with some other activity
of the religious denomination. If the offense
was committed only in a meeting or rally of a
Page 129 of 305
sect, it would be punishable under Art. 131 Interruption of Religious Worship v.
[People v. Reyes, G.R. No. 13633 (1955)]. Offending the Religious Feelings
Interruption of Offending the
j. Article 133 - Offending the Religious Religious Worship Religious Feelings
Feelings [Art. 132] [Art. 133]
Elements [PD - NO]: As to the offender

1. Acts complained of were performed
a. In a Place devoted to religious Public officer or Any person, whether
worship, or employee a public officer or
b. During the celebration of any private individual
religious ceremony [People v. Baes,
2. The acts must be Notoriously Offensive supra]
to the feelings of the faithful
“Place devoted to religious worship” is 2. Chapter 2: Special Penal

separated by the word “or” from “during Laws
the celebration”
The “religious ceremony” need not be
celebrated in a place of worship. Thus, if the
a. Anti-Torture Act of 2009 (RA 9745)
acts were performed in the place of worship, it
is not necessary that there is a religious Torture [Sec. 3, R.A. 9745]
ceremony going on. Similarly, as long as there 1. An act
is a “religious ceremony”, it need not be 2. By which severe pain or suffering,
celebrated in a place of worship. whether physical or mental,
3. Is intentionally inflicted on a person for
Acts Notoriously Offensive to Feelings such purposes as
a. Obtaining from him/her or a
[RWP]:
third person information or a
1. Ridicules or makes light of anything
confession;
constituting religious dogma
b. Punishing him/her for an act
2. Works or scoffs at anything devoted to
he/she or a third person has
religious ceremonies
committed or is suspected of
3. Plays with or damages or destroys any
having committed;
object of veneration of the faithful
c. Intimidating or coercing
[People v. Baes, G.R. No. L-46000
him/her or a third person;
(1939)]
d. Or for any reason based on
discrimination of any kind,
“Whether or not an act is offensive to religious
when such pain or suffering is
feelings is a question of fact which must be
inflicted by or at the instigation
judged only according to the feelings of the
of or with the consent or
Catholics and not those of other faithful ones,
acquiescence of a person in
for it is possible that certain acts may offend the
authority or agent of a person
feelings of those who profess a certain religion,
in authority.
while not otherwise offensive to the feelings of
4. It does not include pain or suffering
those professing another faith. [Id.]”
arising only from, inherent in or
incidental to lawful sanctions
Acts of Torture [Sec. 4, R.A. 9745]

1. Physical torture is a form of treatment
or punishment inflicted by a person in
authority or agent of a person in
authority upon another in his/her
Page 130 of 305

custody that causes severe pain, n. The administration or drugs to
exhaustion, disability or dysfunction of induce confession and/or
one or more parts of the body, such as: reduce mental competency; or
a. Systematic beating, o. The use of drugs to induce
headbanging, punching, extreme pain or certain
kicking, striking with truncheon symptoms of a disease; and
or rifle butt or other similar p. Other analogous acts of
objects, and jumping on the physical torture; and
stomach;
b. Food deprivation or forcible 2. "Mental/Psychological Torture"
feeding with spoiled food, refers to acts committed by a person in
animal or human excreta and authority or agent of a person in
other stuff or substances not authority which are calculated to affect
normally eaten; or confuse the mind and/or undermine
c. Electric shock; a person's dignity and morale, such as:
d. Cigarette burning; burning by a. Blindfolding;
electrically heated rods, hot oil, b. Threatening a person(s) or
acid; by the rubbing of pepper his/her relative(s) with bodily
or other chemical substances harm, execution or other
on mucous membranes, or wrongful acts;
acids or spices directly on the c. Confinement in solitary cells or
wound(s); secret detention places;
e. The submersion of the head in d. Prolonged interrogation;
water or water polluted with e. Preparing a prisoner for a
excrement, urine, vomit and/or "show trial", public display or
blood until the brink of public humiliation of a detainee
suffocation; or prisoner;
f. Being tied or forced to assume f. Causing unscheduled transfer
fixed and stressful bodily of a person deprived of liberty
position; from one place to another,
g. Rape and sexual abuse, creating the belief that he/she
including the insertion of shall be summarily executed;
foreign objects into the sex g. Maltreating a member/s of a
organ or rectum, or electrical person's family;
torture of the genitals; h. Causing the torture sessions to
h. Mutilation or amputation of the be witnessed by the person's
essential parts of the body family, relatives or any third
such as the genitalia, ear, party;
tongue, etc.; i. Denial of sleep/rest;
i. Dental torture or the forced j. Shame infliction such as
extraction of the teeth; stripping the person naked,
j. Pulling out of fingernails; parading him/her in public
k. Harmful exposure to the places, shaving the victim's
elements such as sunlight and head or putting marks on
extreme cold; his/her body against his/her
l. The use of plastic bag and will;
other materials placed over the k. Deliberately prohibiting the
head to the point of victim to communicate with any
asphyxiation; member of his/her family; and
m. The use of psychoactive drugs l. Other analogous acts of
to change the perception, mental/psychological torture.
memory. alertness or will of a
person, such as:
Page 131 of 305

Who are criminally liable [Sec. 13, R.A. punishment but failed to prevent or
9745] investigate allegations of such act,
whether deliberately or due to
As Principal negligence
1. Any person who actually
participated or induced another in As an accessory
the commission of torture or other Any public officer or employee if he/she has
cruel, inhuman and degrading knowledge that torture or other cruel, inhuman
treatment or punishment or who and degrading treatment or punishment is
cooperated in the execution of the act being committed and without having
of torture or other cruel, inhuman and participated therein, either as principal or
degrading treatment or punishment by accomplice, takes part subsequent to its
previous or simultaneous acts commission in any of the following manner:
2. Any superior military, police or law a. By themselves profiting from or
enforcement officer or senior assisting the offender to profit from the
government official who issued an effects of the act of torture or other
order to any lower ranking personnel to cruel, inhuman and degrading
commit torture for whatever purpose treatment or punishment;
3. The immediate commanding officer b. By concealing the act of torture or other
of the unit concerned of the AFP or cruel, inhuman and degrading
the immediate senior public official treatment or punishment and/or
of the PNP and other law destroying the effects or instruments
enforcement agencies shall be held thereof in order to prevent its
liable as a principal to the crime of discovery; or
torture or other cruel or inhuman and c. By harboring, concealing or assisting m
degrading treatment or punishment for the escape of the principal/s in the act
any act or omission, or negligence of torture or other cruel, inhuman and
committed by him/her that shall have degrading treatment or punishment.
led, assisted, abetted or allowed,
whether directly or indirectly, the Note: The accessory acts must be done with
commission thereof by his/her the abuse of the official's public functions.
subordinates.
4. The immediate commanding officer
of the unit concerned of the AFP or C. CRIMES AGAINST
the immediate senior public official PUBLIC ORDER [ARTS. 134
of the PNP and other law
enforcement agencies who has - 160]
knowledge of or, owing to the
circumstances at the time, should have 1. Chapter 1: Rebellion, Coup
known that acts of torture or other
cruel, inhuman and degrading d’etat, Sedition, and Disloyalty
treatment or punishment shall be
committed, is being committed, or has a. Article 134 - Rebellion or
been committed by his/her Insurrection
subordinates or by others within his/her
area of responsibility and, despite Elements [PA-PRD]:
such knowledge, did not take 1. There is a Public uprising
preventive or corrective action either 2. There must be taking of Arms against
before, during or immediately after its the government
commission, when he/she has the 3. The Purpose of the uprising or
authority to prevent or investigate movement is to:
allegations of torture or other cruel, a. Remove from the allegiance to the
inhuman and degrading treatment or government or its laws the
Page 132 of 305

Philippine territory or any part knows [People v. Lovedioro, G.R. No.
thereof, or any body of land, naval, 112235 (1995)].
or other armed forces; or Rebellion v. Treason
b. Deprive the Chief Executive or
Rebellion (Art. 134) Treason (Art. 114)
Congress, wholly or partially, of
any of their powers or
prerogatives. The levying of war The levying of war
against the was meant to aid the
The crime of rebellion is consummated at government during enemy; or if it would
the very moment a group of rebels rise publicly peace time for any also constitute
and take arms against the government for the purpose mentioned adherence to the
purpose of overthrowing the same by force. in Art. 134. enemy, giving him
The gravamen of the crime of rebellion is an aid and comfort.
armed public uprising against the government.
Always involves Mere adherence to
Principle of Absorption taking up arms the enemy by giving
All crimes, whether punishable under special or against the aid and comfort is
general law, which are mere components or government. sufficient.
ingredients, or committed in furtherance
thereof, become absorbed in the crime of The purpose is The purpose of
rebellion and cannot be isolated and charged merely to substitute levying war is to help
as separate crimes themselves [People v. the government with the enemy.
Hernandez, G.R. No. 6025 (1964); Enrile v. the rebels’ own form
Amin, G.R. No. 93335 (1990)]. of government
Note: This principle is a matter of defense to be Rebellion v. Insurrection

interposed by the alleged offender. If the
prosecutor alleges that separate crimes were Rebellion Insurrection
noy committed in furtherance of rebellion, the [Art. 134] [Art. 138]
courts will not disturb such exercise of
discretion. The alleged offender has the burden Object is to Object is to effect some
of proving that the separate crimes are political completely change of minor
crimes [Ocampo v. Abando, G.R. No. 176830 overthrow and importance or to prevent
(2014)]. supplant the the exercise of
existing governmental authority
The following does not constitute government. with respect to particular
rebellion: matters or subjects.
● Mere silence or omission [US v.
Ravidas, G.R. No. 1503 (1903)] Rebellion v. Sedition
● Membership in a rebel organization
Rebellion Sedition
does not automatically qualify as
[Art. 134] [Art. 139]
rebellion. In deciding if the crime
committed is rebellion, not murder, it There must be It is sufficient that the
becomes imperative for our courts to taking up of arms public uprising be
ascertain whether or not the act was against the tumultuous.
done in furtherance of a political end. government.
The political motive of the act should be
conclusively demonstrated. In such !" #$%$&'$($)" * if
cases, the burden of demonstrating caused by more than
political motive falls on the defense, three (3) persons who
motive, being a state of mind which the are armed or provided
accused, better than any individual, with means of violence
[Art. 153, RPC].
Page 133 of 305

b. Coup d’etat - any person who
Rebellion Sedition
Leads, directs or commands
[Art. 134] [Art. 139]
others to undertake a coup d’état.
The purpose is The purpose may be
always political. political or social. 2. The participants: [PGSDSS]
a. Rebellion or Insurrection - any
person who Participates or
!"Sedition, in its general
executes the commands of others;
sense, is raising of b. Coup d’etat -
commotions or i. Any person in the
disturbances in the Government service who
State [People v. participates or executes
Cabrera, G.R. No. L- directions or commands of
17748 (1922)] others; or
. ii. Any person not in the
b. Article 134-A - Coup d’état government service who
participates, Supports,
finances, abets or aids in
Elements [MSAS]:
undertaking a coup d’état.
1. Offender is a person or persons
c. Rebellion, Insurrection, or Coup
belonging to the Military or police or
d’etat – If under the command of
holding any public office or
unknown leaders, the following
employment;
shall be deemed as leaders of the
2. It is committed by a Swift attack
rebels. Those who
accompanied by violence, intimidation,
i. Directed the others,
threat, strategy or stealth;
ii. Spoke for others; or
3. The attack is directed Against the duly
iii. Signed receipts and other
constituted authorities of the Republic
documents issued in their
of the Philippines, or any military camp
name, on behalf of the
or installation, communication
rebels.
networks, public utilities or other
facilities needed for the exercise and
continued possession of power; d. Article 136 - Conspiracy and
4. The purpose of the attack is to Seize or Proposal to Commit Coup d’état,
diminish state power. Rebellion or Insurrection
As to who commits the swift attack: Punishable Acts:

● It may be committed singly or 1. Conspiracy to commit coup d’état,
collectively rebellion or insurrection
● It requires as a principal offender a 2. Proposal to commit coup d’état,
member of the AFP, PNP, or a public rebellion or insurrection
officer with or without civilian support
Elements
c. Article 135 - Penalty for Rebellion, Mode 1: Conspiracy Mode 2: Proposal
Insurrection or Coup d’état to Commit Coup to Commit Coup
d’etat, Rebellion or d’etat,
Persons liable for rebellion, insurrection Insurrection [TD] Rebellion or
or coup d’état Insurrection [SP]
1. The leaders: [PL] 1. Two or more 1. A person has

a. Rebellion or Insurrection - any persons come to an decided to Swiftly
person who Promotes, maintains agreement to swiftly attack or to rise
or heads a rebellion or attack or to rise publicly and take
insurrection; or
Page 134 of 305
Elements [AIM]:
Mode 1: Conspiracy Mode 2: Proposal
1. Offender does not take Arms or is not
to Commit Coup to Commit Coup
in open hostility against the
d’etat, Rebellion or d’etat,
Insurrection [TD] Rebellion or government;
2. He Incites others to the execution of
Insurrection [SP]
any of the acts of rebellion;
publicly and take arms arms against the 3. The inciting is done by Means of
against the Government for any speeches, proclamations, writings,
Government for any of of the purposes of emblems, banners or other
the purposes of rebellion or representations tending to the same
rebellion or insurrection; end.
insurrection;
Note: There is no crime of inciting to treason.
2. They Decide to 2. Such person Art. 138 specifically punishes the act of inciting
commit it. Proposes its others to execute any of the acts specified in
execution to some Art. 134, which are Rebellion or Insurrection.
other person or
persons. Inciting to Rebellion v. Proposal to
Commit Rebellion
e. Article 137 - Disloyalty of Public Proposal to Inciting to
Officers or Employees Commit Rebellion Rebellion
As to the Commission of Rebellion itself

Elements [P-CFDA]:
1. Offender is a Public officer or The offender induces another to commit
employee; rebellion. Rebellion should not be actually
2. Offender Commits any of the following committed by the persons to whom it is
acts: proposed or who are incited. Otherwise, they
a. Failing to resist a rebellion by become principals by inducement in the
all the means in their power; crime of rebellion.
b. Continuing to Discharge the
duties of their offices under the As to Decision to Commit the Rebellion
control of the rebels
c. Accepting appointment to The person who There is no need that
office under Them. proposes has the offender has
decided to commit decided to commit
The crime presupposes rebellion committed by rebellion. rebellion.
other persons; there is no disloyalty if there is
no rebellion going on [U.S. v. Ravidas, et al, As to How Committed
G.R. No. 1503, (1905)].
The person who The act of inciting is
Offender must not be in conspiracy with the proposes the done publicly.
rebels, otherwise, he is himself guilty of execution of the
rebellion because in conspiracy, the act of one crime
is the act of all [People v. Bello, G.R. No. uses secret means.
124871, (2004)].
g. Article 139 – Sedition
f. Article 138 - Inciting to Rebellion or
Insurrection Elements [PFP - PEIRD]:
1. Offenders rise Publicly and
tumultuously;
Page 135 of 305

Tumultuous – if caused by more than d. To commit, for any political or
three (3) persons who are armed or social end, any act of hate or
provided with means of violence. [Art. Revenge against private persons
153, RPC] or any social classes; or
2. Offenders employ Force, intimidation, e. To Despoil for any political or

or other means outside of legal social end, any person,
methods; municipality or province, or the
national government of all its
3. Purpose is to attain any of the following property or any part thereof.
objects:
a. To prevent the Promulgation or Note: Sedition, in its general sense, is raising
execution of any law or the holding of commotions or disturbances in the State
of any popular election; [People v. Cabrera, supra].
b. To prevent the national
government or any provincial or Use of Unlicensed Firearm, Absorbed
municipal government or any Under R.A. 8294 (Act Amending P.D. No. 1866
public officer from Exercising its or or the Firearms Law), sedition absorbs the use
his functions, or prevent the of unlicensed firearm as an element thereof;
execution of an administrative hence, it is not an aggravating circumstance,
order; and the offender can no longer be prosecuted
for illegal possession of firearm [R.A. 8294,
c. To Inflict any act of hate or Sec. 1].
revenge upon the person or
property of any public officer or
employee;
Sedition v. Rebellion v. Coup d’ Etat v. Treason

Sedition (Art. 139) Rebellion (Art. 134) Coup d’etat (Art. 134- Treason (Art. 114)
A)
As to the Nature of the Crime
Crime against Public Order Crime against national

security and law of the
nations
As to the Purpose
May be political or Always political; to To seize or diminish To aid the Enemy

social. overthrow the existing state power
Government
As to the Acts Committed
It is sufficient that There must be There is a swift attack It is the violation by a

the public uprising taking accompanied by subject of his
is tumultuous. up of arms against violence, allegiance
the government. intimidation, threat, to his sovereign.
strategy or stealth;
Page 136 of 305

Sedition (Art. 139) Rebellion (Art. 134) Coup d’etat (Art. 134- Treason (Art. 114)
A)
As to the Offender
There is no distinction as to who may commit Offender belongs to the There is no distinction
military or police or as to who may commit
holding any public
office or employment
As to Requirement of Public Uprising
Requires a public Requires a public No requirement; may No requirement

and tumultuous uprising uprising, or multitude of be carried out singly or
people simultaneously
h. Article 140 - Penalty for sedition

Elements [DIM]:
The leader of a sedition shall suffer the penalty 1. Offender does not take Direct part in
of prision mayor in its minimum period and a the crime of sedition;
fine not exceeding P2,000,000 pesos. 2. He Incites others to the
accomplishment of any of the acts
Other persons participating therein shall suffer which constitute sedition;
the penalty of prision correccional in its 3. The inciting is done by Means of
maximum period and a fine not exceeding speeches, proclamations, writings,
P1,000,000 (Reinstated by E.O. No. 187; as emblems, cartoons, banners, or other
amended by R.A. No. 10951). representations tending towards the
same end.
i. Article 141 - Conspiracy to Commit
Sedition Mode 2. Uttering seditious words or
speeches which tend to disturb the public
Elements [TD]: peace
1. Two or more persons come to an Mode 3. Writing, publishing, or circulating
agreement and a decision to rise scurrilous libels against the government
publicly and tumultuously to attain any or any of the duly constituted authorities
of the objects of sedition; thereof, which tend to disturb the public
2. They Decide to commit it. peace
Note: Art. 141 only punishes conspiracy to Elements for Modes 2 and 3 [DU -DISL]:
commit sedition. As Art. 8 of the Revised Penal 1. Offender does not take any Direct part
Code provides that conspiracy and proposal to in the crime of sedition.
commit a felony are punishable only when the 2. He Uttered words or speeches and
law provides a penalty therefor, there is then no writing, publishing or circulating
felony of proposal to commit sedition. scurrilous libels that:
a. Tend to Disturb or obstruct any
j. Article 142 - Inciting to Sedition lawful officer in conducting the
functions of his office;
Mode 1. Inciting others to the b. Tend to Instigate others to cabal
accomplishment of any of the acts which and meet together for unlawful
constitute sedition by means of purposes;
speeches, proclamations, writings, c. Suggest or incite rebellious
emblems, etc. conspiracies or riots; or
Page 137 of 305

d. Lead or tend to stir up the people a. Article 143 - Acts Tending to
against the lawful authorities or to Prevent the Meeting of the Assembly
disturb the peace of the and Similar Bodies
community, the safety and order of
the government
Elements [MP]:
1. There is a projected or actual Meeting
of Congress or any of its committees or
Words that tend to create a danger of
subcommittees, constitutional
public uprising committees or divisions thereof, or of
If the words used tend to create a danger of any provincial board or city or
public uprising, then those words could municipal council or board;
properly be the subject of a penal clause 2. Offender, who may be any person,
[People v. Perez, G.R. No. L-21049 (1923)]. Prevents such meetings by:
a. Force; or
Note: As a general rule, the curtailment of free b. Fraud
speech can only be valid if it passes the "Clear
and Present Danger" test, where there is an
b. Article 144 - Disturbance of
imminent danger of an evil, which has a high
probability of serious injury to the State; Proceedings
[Primicias v. Fugoso, G.R. No. L-1800 (1948)];
but owing to the language of Art. 142 (i.e., the Elements: (CA-DB)
use of the word "tend/tends"), Sedition used 1. There is a meeting of Congress or any
the lower "Dangerous Tendency" test. of its committees or subcommittees,
constitutional commissions or
Mode 4: Knowingly concealing such evil committees or divisions thereof, or of
practices any provincial board or city or
municipal council or board;
Ordinarily, “Knowingly concealing such evil 2. Offender does any of the following
practices” is an act done by an accessory after Acts:
the fact, but under this provision, the act is a. He Disturbs any of such meetings
treated and punished as that of the principal. b. He Behaves while in the presence
of any such bodies in such a
Crimes where Proposal, Conspiracy, or manner as to interrupt its
proceedings or to impair the
Inciting is Punishable
respect due it
Crimes Crimes Crimes
where where where Preventing a Meeting (Art. 143) v.
Proposal to Conspiracy Inciting is Disturbance of Proceeding (Art. 144)
Commit is is Punishable
Punishable Punishable [RIS] Acts tending to Disturbance of
[ReCIT] [TRICS] prevent the Proceedings
meeting [Art. 143] [Art. 144]
1. Rebellion 1. Treason 1. Rebellion
2. Coup d’ etat 2. Rebellion 2. Insurrection As to Purpose
3. Insurrection 3. Insurrection 3. Sedition
4. Treason 4. Coup d’etat Prevent the meeting Disturb the conduct
5. Sedition from happening of a meeting
As to the Offender
2. Chapter 2: Crimes against
Can be conducted by any person.
Popular Representation
SECTION 2 - Violation of Parliamentary
SECTION 1 - Crimes against Legislative
Immunity
Bodies and Similar Bodies
Page 138 of 305
c. Article 145 - Violation of Parliamentary Immunity
Parliamentary Immunity Members of Congress cannot be arrested for
offenses punishable by a penalty less than
prision mayor (6 years and 1 day to 12 years),
Two (2) Modes of Commission while Congress is in session. They can be
1. Using force against a member of prosecuted after Congress adjourns [Art. VI,
Congress Sec. 11, 1987 Constitution].
2. Arrest or Search made while
Congress is in session Rationale: Under Sec. 11, Art. VI of the 1987
Constitution, parliamentary immunity is only
Mode 1: Using force, intimidation, threats, applicable in cases wherein the offense is
or frauds to prevent any member of “punishable by not more than six years
Congress from attending the meetings of imprisonment.” This is contrary to Art. 145
which provides that there is only no violation of
Congress or of any of its committees or
parliamentary immunity when the crime is
subcommittees, constitutional
punishable by a penalty higher than prision
commissions or committees or divisions
mayor. In other words, under the Revised
thereof, or from expressing his opinion or Penal Code provision, parliamentary immunity
casting his vote; would cover crimes with a penalty of up to 12
years. This is contrary to the Constitution,
Elements: [UP - AEC] because the Revised Penal Code cannot
1. Offender Uses force, intimidation, expand the immunity granted under Sec. 11,
threats or fraud; Art. VI. Therefore, Art. 145 should be
2. The Purpose of the offender is to deemed amended by the 1987 Constitution.
prevent any member of Congress from:
a. Attending the meetings of the Art. 145, Mode 1, Using force to prevent
Congress or of any of its v. Art. 143, Acts tending to prevent
committees or constitutional
commissions;
b. Expressing his opinion; or Violation of Acts Tending to
c. Casting his vote. Parliamentary Prevent the
Immunity [Art. 145 Meeting of
Note: The offender in mode 1 may be any (Mode 1)] Assembly and
person. Similar Bodies [Art.
143]
Mode 2: Arresting or searching any
As to Act Punished
member thereof while Congress is in
regular or special session, except in case Using force, The prevention of
such member has committed a crime intimidation, threats the projected or
punishable under the Code by a penalty or frauds to prevent actual meeting of
higher than prision mayor. any member of congress, or any of
Congress from its committees or
Elements [PACC]: attending the actual committee,
1. Offender is a Public officer of meetings of etc.
employee; Congress or of any of
2. He Arrests or searches any member of its committees or
Congress; subcommittees, etc.
3. Congress, at the time of arrest or
search, is in regular or special session;
4. The member arrested or searched has
not committed a Crime punishable
under the Code by the penalty of
prision mayor or higher.
Page 139 of 305
3. Chapter 3: Illegal Assemblies 1. The purpose of the meeting is to
commit acts punishable under the
and Associations RPC; and
2. He is considered a leader or organizer
a. Article 146 - Illegal Assemblies of the meeting.
Two (2) Modes of Commission: b. Article 147 - Illegal Associations

1. Meeting attended by armed persons for
the purpose of committing any of the The following are illegal associations [CM]:
crimes punishable under the Code Associations totally or partially organized for:
2. Meeting in which the audience is 1. The purpose of committing any of the
incited to the commission of the crime Crimes punishable under the Code;
of treason, rebellion or insurrection, 2. Some purpose contrary to public
sedition, or direct assault Morals.
Mode 1 v. Mode 2 Persons liable:

Mode 1: For the Mode 2: Audience 1. Founders, directors and president of
purpose of is incited to the the association;
committing any of commission of the 2. Mere members of the association.
the crimes crime of treason,
punishable under insurrection, Public Morals – matters which affect the
the Code. [MAP] sedition, or direct interest of society and public convenience, not
assault [MAI] limited to good customs [Black’s Law
Dictionary]
1. There is a Meeting, a gathering or group
of persons, whether in a fixed place or Illegal Assembly v. Illegal Association
moving;
Illegal Assembly Illegal Association
2. Meeting is attended 2. Meeting is [Art. 146] [Art. 147]
by Armed persons attended by Any As to Requirement of Actual Meeting
persons, whether
armed or not; There must be an Actual meeting not
actual meeting or necessary.
3. Purpose of the 3. Audience is
assembly
meeting is to commit Incited to the
any of the crimes commission of the As to Act Punished
punishable under the crime of treason,
Code. rebellion or The meeting and the The act of forming or
insurrection, attendance therein organizing the
sedition or direct association
assault.
As to Persons Liable
a. organizers or a. founders,
Persons liable for illegal assembly: leaders of the directors,
1. The organizer or leaders of the meeting president
meeting; or b. persons present b. members
2. Persons merely present at the meeting, at the meeting
who must have a common intent to
commit the felony of illegal assembly.
If any person present at the meeting

carries an unlicensed firearm, it will be
presumed that:
Page 140 of 305
4. Chapter 4: Assault upon, and 4.Offender Knows
Resistance and Disobedience to that the one he is
assaulting is a
Persons in Authority and Their person in authority or
Agents his agent in the
exercise of his
a. Article 148 - Direct Assaults duties.
Two (2) Modes of Commission: 3./5.There is No public uprising

1. Without public uprising, by employing
force or intimidation for the attainment
Under Mode 2
of any of the purposes enumerated in
Classifications of direct assault [SQ]:
defining the crimes of rebellion and
1. Simple assault
sedition
2. Qualified assault.
2. Without public uprising, by attacking,
by employing force or by seriously
intimidating or by seriously resisting
Qualifying Circumstances [WP-LH]:
1. There is a Weapon employed in the
any person in authority or any of his
agents, while engaged in the attack
2. The offender is a Public officer
performance of official duties, or on
occasion of such performance. 3. The offender Lays Hands on a public
authority
Mode 1 v. Mode 2
“Person in Authority” and “Agent of a
Mode 1. For the Mode 2. Acts Person in Authority”
attainment of any against any person Any person directly vested with jurisdiction,
of the purposes of in authority or any whether as an individual or as a member of
rebellion and of his agents some court or governmental corporation,
sedition [EAN] [AAPKN] board, or commission, shall be deemed a
person in authority.
1.Offender Employs 1.Offender makes an
force or intimidation Attack, employs A person who, by direct provision of law or by
actual meeting or force, makes a election or by appointment by competent
assembly serious intimidation, authority, is charged with the maintenance of
or makes a serious public order and the protection and security of
resistance life and property, such as a barrio councilman,
barrio policeman and barangay leader and any
2. The Aim of the 2.The person
person who comes to the aid of persons in
offender is to attain assaulted is a person authority, shall be deemed an agent of a
any of the purposes in Authority or his
person in authority.
of the crime of agent;
rebellion or any of
Non-Exclusive Enumeration of Persons in
the objects of the 3.At the time of the
assault, the person in Authority [Art. 152, Revised Penal Code,
crime of sedition
authority or his agent as amended by P.D. No. 299, Sept. 19,
Note: This is is engaged in the 1973 and Batas Pambansa Blg. 873, June
tantamount to actual Performance 12, 1985]
rebellion or sedition, of official duties, or ● Barrio Captain
except that there is that he is assaulted ● Barangay Chairman
no public uprising. by reason of the past ● Municipal mayor
performance of ● President of sanitary division
official duties ● Provincial fiscal
● Teachers and Professors
Page 141 of 305

● Those charged with the supervision of Assembly, its Committees or
public or duly recognized private Subcommittees, or divisions
schools, colleges and universities
● Lawyers in the actual performance of Acts Punishable [OSARI]:
their professional duties or on the Mode 1: By refusing, without legal excuse, to
occasion of such performance Obey summons of Congress, its special or
standing committees and subcommittees, the
Non-Exclusive Enumeration of Agents of Constitutional Commissions and its
Persons in Authority [Art. 153, RPC] committees, subcommittees or divisions, or by
● Barrio Councilman any commission or committee chairman or
● Barrio Policeman member authorized to summon witnesses
● Barangay Leader
● Any person who comes to the aid of Mode 2: By refusing to be Sworn or placed
persons in authority under affirmation while being before such
legislative or constitutional body or official
Public Officer Not in Authority
If the public officer is not a person in authority, Mode 3: By refusing to Answer any legal
the assault on him is an aggravating inquiry or to produce any books, papers,
circumstance. However, there must be intent to documents, or records in his possession, when
disregard the victim’s rank. [Art. 14, par. 3, required by them to do so in the exercise of
RPC] their functions
b. Article 149 - Indirect Assaults Mode 4: By Restraining another from attending

as a witness in such legislative or constitutional
Elements: (FAU) body
1. A person in authority or his agent is the
victim of any of the Forms of direct Mode 5: By Inducing disobedience to a
assault defined in Article 148; summons or refusal to be sworn by any such
2. A person comes to the Aid of such body or official
authority or his agent;
d. Article 151 - Resistance and
Note: A person coming to the aid of a Disobedience to a Person in Authority
person in authority is deemed an agent or the Agents of Such Person
of a person in authority (see Art. 152).
Thus, if such person is attacked as
Mode 1 v. Mode 2
well, it will be Direct, not Indirect
Assault. Mode 1: Resistance Mode 2: Simple
Indirect Assault can only be committed and Serious disobedience
if a person coming to the aid of an Disobedience [PRI] [ADS]
AGENT of a person in authority is
attacked as well. 1. A person in 1. An Agent of a
authority or his agent person in authority
3. Offender makes Use of force or is engaged in the is engaged in the
intimidation upon such a person Performance of official performance of
coming to the aid of the authority or his duty or gives a lawful official duty or gives
agent. order to the offender a lawful order to the
offender
Note: Indirect assault presupposes that direct
assault was committed. 2. Offender Resists or 2. Disobeys such
seriously disobeys agent of a person in
c. Article 150 - Disobedience to such person in authority
authority or his agent
summons issued by the National
Page 142 of 305

Examples:
Mode 1: Resistance Mode 2: Simple
1. Barrio captain
and Serious disobedience
2. Barangay Chairman
Disobedience [PRI] [ADS]
3. Municipal mayor
3. The act of the 3. Such 4. President of sanitary division
offender is not disobedience is not 5. Provincial fiscal
Included in the of a Serious nature. 6. Teachers and Professors
provision of Articles 7. Those charged with the supervision of
148, 149 and 150. public or duly recognized private
schools, colleges and universities
Note: The nature of the resistance in Art. 151 Agent of Person in Authority
is merely SIMPLE RESISTANCE. If there is Person charged with: (1) the maintenance of
SERIOUS RESISTANCE, the act is already public order, and (2) the protection and security
punishable as Direct Assault [Art. 148, RPC]. of life and property.
Examples:
Resistance and Serious Disobedience 1. Barrio Councilman
The accused must have knowledge that the 2. Barrio Policeman
person giving the order is a peace officer [U.S. 3. Barangay Leader
v. Bautista, supra]. 4. Any person who comes to the aid of a
person in authority
Serious Disobedience v. Direct Assault
Serious Direct Assault 5. Chapter 5: Public Disorders
Disobedience [Art. 148]
[Art. 151] a. Article 153 - Tumults and Other
Disturbances of Public Order Acts
Person in authority or Person in authority
Punishable [SIODB]
his agent must be in or his agent must
actual performance of be engaged in the
Mode 1: Causing any Serious disturbance in a
his duties performance of
public place, office or establishment.
official duties or he
is assaulted by
Mode 2: Interrupting or disturbing
reason of the past
performances, functions or gatherings, or
performance of
peaceful meetings, if the act is not included in
official duties
Arts. 131 (prohibition, interruption and
Committed only by Committed in two dissolution of peaceful meetings) and 132
resisting or seriously modes (see Art. (interruption of religious worship).
disobeying a person in 148, Mode 2 above)
authority or his agent Mode 3: Making any Outcry tending to incite
rebellion or sedition in any meeting,
Use of force in There is force association or public place.
resistance is not so employed
serious Mode 4: Displaying placards or emblems
which provoke a disturbance of public order in
such place;
e. Article 152 - Persons in authority
and agents of persons in authority Mode 5: Burying with pomp the body of a
person who has been legally executed.
Persons in Authority
Persons, whether an individual or as a member Qualifying Circumstance: If the disturbance
of some court or government corporation, or interruption caused is of a tumultuous
directly vested with jurisdiction, power and character.
authority to govern and execute the laws.
Page 143 of 305
● Tumultuous – if caused by more than
three (3) persons who are armed or Mode 2: Encouraging Disobedience to the law
provided with means of violence or to the constituted authorities or praising,
justifying or extolling any act punished by law,
Prohibition of Peaceful Meetings v. by the same means or by words, utterances or
Tumultuous Disturbance Speeches.
Prohibition, Tumultuous
Mode 3: Maliciously publishing or causing to
Interruption and Disturbance (Art.
be published any official document or
Dissolution of 153)
resolution without proper authority, or before
Peaceful Meetings
they have been published officially.
(Art. 131)
Offender is a public Offender is a private Mode 4: Printing, publishing or distributing (or

officer, who is not a individual who is not causing the same) books, pamphlets,
participant a participant periodicals, or leaflets which do not bear the
real printer’s name, or which are classified as
Inciting to Sedition or Rebellion v. Mode 3 anonymous.
of Art. 153
Inciting to Sedition Mode 3 (Art. 153) Note: Actual public disorder or actual damage
or Rebellion (Art. to the credit of the State is not necessary. The
131) mere possibility of causing such danger or
damage is sufficient, due to the phrase “which
As to the manner of commission may endanger the public order, or cause
damage to the interest or credit of the State”
May be done through Done only through [Art. 155, RPC].
speech or writing speech (outcry)
c. Article 155 - Alarms and Scandals
As to intent
Punishable Acts [DIDC]:
Done with intent to More of unconscious
induce the hearers or outburst which is not Mode 1: Discharging any firearm, rocket,
readers to commit intentionally firecracker, or other explosive within any town
the crime of rebellion calculated to induce or public place, calculated to cause (which
or sedition others to commit produces) alarm or danger;
such crimes
Mode 2: Instigating or taking an active part in
As to the nature of the speeches any charivari or other disorderly meeting
offensive to another or prejudicial to public
tranquility.
The nature of the speeches in both acts are
either rebellious or seditious Mode 3: Disturbing the public peace while
wandering about at night or while engaged in
b. Article 154 - Unlawful Use of Means any other nocturnal amusements.
of Publication and Unlawful
Mode 4: Causing any disturbances or scandal
Utterances in public places while intoxicated or otherwise,
provided Art. 153 (tumults and other
Punishable Acts [FDMP]:
disturbances of public order) is not applicable.
● Under Art. 153, disturbance must be of
Mode 1: Publishing or causing to be published,
a serious nature.
by means of printing, lithography or any other
means of publication, as news any False news
Note: “Calculated to cause alarm and danger”
which may endanger the public order, or cause should be “which produces alarm and danger”
damage to the interest or credit of the State.
Page 144 of 305
according to the correct translation of the 3. Evasion of service of sentence [Art.
Spanish phrase in the RPC (“que produzca 157, RPC] – committed by the prisoner
alarma o peligro”). The Spanish text is what is who escaped
controlling in case of doubt in interpretation of
the RPC. [People v. Mesias, G.R. No. 45749 6. Chapter 6: Evasion of Service
(1938)] Hence, it is the result, and not the
intent, that counts. of Sentence
d. Article 156 - Delivering Prisoners Evasion of Service of Sentence v.

Evasion of Service of Sentence on the
from Jail
Occasion of Calamities v. Other Cases of
Evasion
Elements [CR]:
1. There is a person Confined in a jail or
penal establishment; and Evasion of Evasion of Other
2. Offender Removes therefrom such Service of Service of Cases of
person or helps the escape of such Sentence Sentence on Evasion
person. [Art. 157] the [Art. 159]
Occasion of
Consent or connivance necessary to hold Calamities
public officer guilty: [Art. 158]
It is necessary that the public officer had As to the Offender

consented to, or connived in, the escape of the
prisoner under his custody or charge [Alberto Convicted Convicted by Convict who
v. Dela Cruz, G.R. No. L-31839 (1980)]. by final final was granted
judgment judgment conditional
Officer must not be the custodian of the and is and is pardon
prisoner deprived of confined in a
liberty (need penal
If the offender is a public officer who had the not be institution
prisoner in his custody or charge, he is liable confined e.g.
for infidelity in the custody of a prisoner under destierro)
Art. 223.
As to Circumstances Surrounding the
Evasion
If three (3) persons are involved, the
crimes committed are as follows: Escapes Escapes Violated the
during the during the terms of his
1. Conniving with or Consenting to term of his occasion of conditional
Evasion [Art. 223, RPC] – committed imprisonmen disorders, pardon
by a public officer who is in custody or t conflagration
charge of the prisoner s,
earthquakes
2. Delivering Prisoners from Jail [Art. or other
156, RPC] – committed by the stranger calamities
who helped in the escape, or by a
public officer when he is not the As to the Harm Inflicted
custodian of the prisoner at the time the
prisoner was made to escape. An attempt at least to evade Does not
the penalty inflicted by the infringe on
Note: If the offender is a public officer courts upon criminals and the right of
who had the prisoner in his custody or thus defeats the purpose of another
charge, he is liable for infidelity in the the law of either reforming person nor
custody of a prisoner under Article 223. or punishing them for having does it
Page 145 of 305
City of Manila, enters said city within the period
Evasion of Evasion of Other
of his sentence, is guilty of evasion of sentence
Service of Service of Cases of
under Article 157 [People v. Abilong, G.R. No.
Sentence Sentence on Evasion
L-1960 (1948)].
[Art. 157] the [Art. 159]
Occasion of
Calamities b. Article 158 - Evasion of Service of
[Art. 158] Sentence on the Occasion of
Disorders, Conflagrations,
disturbed the public order. disturb the Earthquakes, or Other Calamities
public order;
merely an Elements [C-DCEESM-EF]:
infringement 1. Offender is a Convict by final judgment,
of the who is confined in a penal institution;
stipulated 2. There is Disorder, resulting from –
terms a. Conflagration;
b. Earthquake;
Nature of Offenses c. Explosion;
Evasion of service of sentence is a continuing d. Similar catastrophe; or
offense [Parulan v. Director of Prisons, G.R. e. Mutiny in which he has not
No. L-28519 (1968)]. participated;
a. Article 157 - Evasion of Service of 3. He Evades the service of his sentence
by leaving the penal institution where
Sentence
he is confined, on the occasion of such
disorder or during the mutiny;
Elements [CSE]:
4. He Fails to give himself up to the
1. Offender is a Convict by final judgment;
authorities within 48 hours following the
2. He is Serving sentence which consists
issuance of a proclamation by the Chief
in the deprivation of liberty;
Executive announcing the passing
3. He Evades service of his sentence by
away of such Calamity.
escaping during the term of his
Imprisonment.
Failure to Return
Leaving the penal establishment is not the
Qualifying circumstances as to penalty
basis of criminal liability. What is punished is
imposed if such evasion or escape takes
the failure to return within 48 hours after the
place [EBPC]: passing of the calamity, conflagration, or
mutiny had been announced.
1. By means of unlawful Entry (this should
be by climbing or scaling the wall
Effect of Surrendering within 48 hours
(“escalamiento”), as the Spanish text is
Convicts who shall give themselves up to the
controlling in case of doubt in
authorities within 48 hours from the issuance of
interpretation [People v. Mesias, G.R.
a proclamation, shall be entitled to the
No. 45749 (1938)].
deduction provided for under Art. 98 (one-fifth
2. By Breaking doors, windows, gates,
of the period of his sentence).
walls, roofs or floors;
3. By using Picklock, false keys, disguise,
Note: Under R.A. No. 10592, amending Art. 98
deceit, violence or intimidation; or
(which makes reference to Art. 158), those who
4. Through Connivance with other
stay despite the calamities shall be given a two-
convicts or employees of the penal
fifths reduction in their sentences.
institution.
Applicable to Destierro
One who, sentenced to destierro by virtue of
final judgment, and prohibited from entering the
Page 146 of 305

c. Article 159 - Other Cases of Evasion 7. Chapter 7: Commission of
of Service of Sentence Another Crime During Service of
Elements [CGV]: Penalty Imposed for Another
1. Offender was a Convict; Previous Offense
2. He was Granted a conditional pardon
by the Chief Executive; and a. Article 160 - Commission of another
3. He Violated any of the conditions of crime during service of penalty
such Pardon. imposed for another previous offense
Conditional Pardon Elements [CN]:
A contract between the Chief Executive, who 1. Offender was already Convicted by
grants the pardon, and the convict, who
final judgment of one offense
accepts it. Since it is a contract, the pardoned 2. He committed a New felony before
convict is bound to fulfill its conditions and
beginning to serve such sentence or
accept all its consequences according to its while serving the same
strict terms [People v. Pontillas, G.R. No. L-
45267 (1938)].
Pardon
Pardon is to be given to a convict who:
Guilty of a Subsequent Offense
1. Is not a habitual criminal;
The determination of the occurrence of a 2. Is already at the age of seventy (70)
breach of a condition of a pardon, and the
years; and
proper consequences of such breach, may be
3. Has already served out his original
a judicial act consisting of trial for and sentence or if he shall be completing it
conviction of violation of a conditional pardon
after reaching such age
under Article 159 of the RPC [Torres v.
Gonzales, G.R. No. 76872 (1987)].
Exception: If by reason of his conduct, he is
deemed not worthy of such clemency
Note: Where the President opts to proceed
under Section 64 (i) of the Revised
As to the act committed
Administrative Code, [as opposed to the
The first crime for which the offender is serving
determination being a judicial act], no judicial
sentence need not be a felony [People v.
pronouncement of guilt of a subsequent crime
Peralta, G.R. No. L-19069 (1968)].
is necessary, much less conviction therefor by
final judgment of a court, in order that a convict
The word “another” does not mean that the new
may be recommended for the violation of his
felony need be different from the one for which
conditional pardon.
the offender is serving sentence [People v.
Yabut, 58 Phil. 499 (1933)].
The determination of the occurrence of a
breach of a condition of a pardon, and the
Quasi-Recidivism v. Recidivism v.
proper consequences of such breach is a
Reiteracion
purely executive act and not subject to judicial
scrutiny. There is no due process violation Offense Nature
because the conditionally pardoned convict
had already been accorded judicial due Quasi- The 2 offenses need not be
process in his trial and conviction for the Recidivism embraced in the same title
offense for which he was conditionally of the Code
pardoned [Torres v. Gonzales, G.R. No. 76872
(1987)]. Recidivism There was a 2nd conviction
for an offense embraced in
the same title of the Code
Page 147 of 305

Offense Nature Offense Nature
Reiteracion Offender has been his conviction in the

previously punished of: subsequent crime [People
1. One (1) offense – to v. Lacsamana, G.R. No. L-
which the law attaches 46270 (1938)].
equal or greater penalty; or
Recidivism Inherent in
2. Two (2) offenses – to Habitual Delinquency
which the law attaches A habitual delinquent is
lighter penalty necessarily a recidivist. In
penalizing him, the
Offenses need not be aggravating circumstance
embraced in the same title of recidivism has to be
of the Code. taken into account.
However, for the purpose of
Multi- Requisites [T-FIRE, 10-2, fixing the additional penalty,
Recidivism/H 10-3] recidivism cannot be taken
abitual a. Offender had been as an aggravating
Delinquency convicted of any of the circumstance for the reason
crimes of: Theft; that it is inherent in habitual
Falsification; serious or delinquency [People v.
less serious physical Tolentino, G.R. No. L-
Injuries; Robbery; 48740 (1942)].
Estafa.
b. After conviction or after See: Discussion under Multiple Offenders for
serving his sentence, greater detail
he again committed,
and, within 10 years 8. Chapter 8: Special Penal Law
from his release or first
conviction, he was a. Comprehensive Firearms and
again convicted of any Ammunition Regulation Act (R.A.
of the said crimes for 10591)
the 2nd time
c. After his conviction of, As to “Loose Firearms”
or after serving R.A. 10591 or the Comprehensive Firearms
sentence for the and Ammunition Regulation Act (2013)
second offense, he expressly repealed Sec. 1 of P.D. 1866 as
again committed, and, amended:
within 10 years from
his last release or last Loose firearms [UPI SOLAR]
conviction, he was
Pertains to firearms that are:
again convicted of any 1. Unregistered;
of said offenses, the 2. Possessed by non-licensee;
3rd time or oftener. 3. Illegally manufactured
[Art. 62, RPC] 4. Stolen;
5. Obliterated;
Note: Computation of the 6. Lost;
10-year period can start 7. Altered; or
from either the conviction 8. With Revoked license [Sec. 3(v),
OR release of the accused R.A. 10591]
in his previous crime and
shall end with the date of
Page 148 of 305
To be absorbed as an element of the Philippine Islands, Forging the
crime Signature or Stamp of the Chief
If the violation is in furtherance of, or incident Executive
to, or in connection with the crime of rebellion,
insurrection, or attempted coup d’etat, such Acts Punished [SSS]:
violation shall be absorbed as an element of Forging the:
the said crimes [Sec. 29(2), R.A. 10591]. a. Great Seal of the Government of the
Philippines;
To be considered as a separate and b. Signature of the President; or
distinct offense c. Stamp of the President.
If the crime is committed by the person without
using the loose firearm, the violation of this Act Forgery
shall be considered as a distinct and separate Falsely making or materially altering, with
offense. [Sec. 29(3), R.A. 10591] intent to defraud, any writing which, if genuine,
might apparently be of legal efficacy or the
Use of Loose Firearm foundation of a legal liability [Black’s Law
The use of a loose firearm, when inherent in Dictionary].
the commission of a crime punishable under
the RPC or other special laws, shall be b. Article 162 – Using Forged
considered as an aggravating circumstance.
Signature or Counterfeit Seal or
Provided, that if the crime committed with the
use of a loose firearm is penalized by the law Stamp
with a maximum penalty which is lower than
that prescribed for illegal possession of firearm, Elements [SKU]:
the penalty for illegal possession of firearm a. The Great Seal of the Republic was
shall be imposed in lieu of the penalty for the counterfeited or the signature or stamp
crime charged [Sec. 29, R.A. 10591] of the Chief Executive was forged by
another person;
Note: Use of an unlicensed firearm by a band b. Offender Knew of the counterfeiting or
cannot be offset by a generic mitigating forgery; and
circumstance [People v. De Leon, G.R. No. c. He Used the counterfeit seal or forged
179943 (2009)]. signature or stamp.
Note: Offender under this article should not be

D. CRIMES AGAINST the forger. Otherwise, he will be penalized
under Article 161.
PUBLIC INTEREST [ARTS.
161 - 187] SECTION 2. COUNTERFEITING COINS
1. Chapter I: Forgeries c. Article 163 – Making and Importing

and Uttering False Coins
SECTION 1. FORGING THE SEAL OF Elements [FMC]:
THE GOVERNMENT OF THE a. There be False or counterfeited coins;
PHILIPPINE ISLANDS, THE b. Offender either Made, imported or
SIGNATURE OR STAMP OF THE uttered such coins;
CHIEF EXECUTIVE c. In case of uttering such false or
counterfeited coins, he Connived with
the counterfeiters or importers.
Acts of Counterfeiting
Kinds of Coins Covered by the Crime
a. Article 161 – Counterfeiting the a. Silver coins of the Philippines or coin of
Great Seal of the Government of the the Central Bank (CB);
Page 149 of 305

b. Coins of minor coinage of the Philippines Destruction of Central Bank Notes and
or CB; or Coins
c. Coin of the currency of a foreign country It shall be unlawful for any person to willfully
[People v. Tin Ching Ting, G.R. No. L- deface, mutilate, tear, burn or destroy, in any
4620 (1952)] manner whatsoever, currency notes and coins
issued by the Central Bank of the Philippines.
“To utter”
To utter includes delivery or the act of giving e. Article 165 – Selling of False or
them away. A counterfeited coin is uttered Mutilated Coin, without Connivance
when it is paid, when the offender is caught
counting the counterfeited coins preparatory to Acts Punished:
the act of delivering them, even though the a. Possession of coin, counterfeited or
utterer may not obtain the gain he intended mutilated by another person, with intent
[Decisions of the Supreme Court of Spain]. to utter the same, knowing that it is
false or mutilated; or
Rationale for punishing the fabrication of a b. Actually uttering such false or mutilated
coin withdrawn from circulation: There is a coin, knowing the same to be false or
possibility that the counterfeiter may later apply mutilated.
his trade to the making of coins in actual
circulation [People v. Kong Leon, C.A., 48 O.G. Mode 1 v. Mode 2
664].
Mode 1: Mode 2: Actually
d. Article 164 – Mutilation of Coins Possession with uttering such false
intent to utter or mutilated coin
Acts Punished [MI]: false
a. Mutilating coins of the legal currency; or mutilated coin
or
Elements [PIK]: Elements [UK]:
b. Importing or uttering such mutilated
1. Possession of 1. Actually Uttering
coins
counterfeited or such false or
mutilated coin; mutilated coin; and
Elements of Mutilation [LG]:
2. With Intent to 2. With Knowledge of
a. Coin mutilated is of Legal tender; and
utter; and such defect/s.
b. Offender Gains from the precious
3. With Knowledge
metal dust abstracted from the coin
of such defect/s.
“Mutilation” means to take off part of the
metal either by filling it or substituting it for Constructive Possession
another metal of inferior quality. [People v. Tin Possession prohibited in this article is not only
Ching Ting, G.R. No. L-4620 (1952)]. actual and physical possession, but also that of
a constructive one, or the subjection of the
Foreign coins are not covered in this article. thing to one’s control. [People v. Umali, CA 46
O.G. 2648] The possessor should not be the
Elements of Importing or Uttering Mutilated counterfeiter, mutilator or importer of the coins.
Coins: [IC] [Supreme Court of Spain, June 28, 1877]
a. Offender Imported or uttered mutilated
coins; and Making and Importing and Uttering v.
b. In case of uttering, the offender must Mutilating
have Connived with the mutilator or
importer
PD 247: Prohibiting and Penalizing

Defacement, Mutilation, Tearing, Burning or
Page 150 of 305

Making and Mutilating Selling of SECTION 3. FORGING TREASURY OR

Importing [Art. 164] False or BANK NOTES, OBLIGATIONS AND
and Mutilated SECURITIES; IMPORTING AND
Uttering Coin [Art. UTTERING FALSE OR FORGED
[Art. 163] 165] NOTES, OBLIGATIONS AND
SECURITIES
Punishable Acts
f. Article 166 – Forging Treasury or

That a false That a coin is That a coin is Bank Notes or Other Documents
or mutilated, or counterfeited Payable to Bearer; Importing and
counterfeit that such or mutilated or
coin is made mutilated coin actually
Uttering Such False or Forged Notes
imported or is imported or uttered. and Documents
uttered. uttered.
Elements [B-FImU]:
As to Foreign Coins 1. There is an instrument payable to Bearer;
and
2. The offender commits any of the following
Counterfeiti Mutilating Counterfeiting acts:
ng of foreign foreign coins of foreign a. Forged or falsified a treasury or
currency is is not currency is bank note or a document payable
punishable punishable punishable to bearer;
under this b. Imported such false or forged
article obligations or notes; or
c. Uttered such false or forged
Requirement of Legal Tender
obligations or notes in connivance
Coins must Must be of Not required to with the forgers or importers.
be silver legal tender be legal
coins of the tender “Forging” – By giving any treasury or bank
note, or any instrument payable to bearer, or to
Philippines
or CB or order the appearance of a true and genuine
document. [Art. 169, RPC]
coins of
minor
“Falsification” – By erasing, substituting,
coinage or
counterfeiting or altering by any means, the
currency of a
figures, letters, words, or signs contained
foreign
therein. [Id.]
country
When Payable to Bearer [Sec. 9, Negotiable
Instruments Law]:
Requirement of Connivance in case of 1. When expressed to be so payable
Uttering 2. When payable to a person named
therein or bearer
There must There must be No 3. When payable to the order of a fictitious
be connivance requirement of or non-existing person, and such fact
connivance with the connivance in was known to the person making it so
with the mutilator or case of payable
counterfeiter importer in uttering. 4. When the name of the payee does not
s or case of purport to be the name of any person
importers. uttering. 5. When the only or last endorsement is
an endorsement in blank.
Page 151 of 305

g. Article 167 – Counterfeiting, Acts punished [GE]
Importing, and Uttering Instruments 1. By Giving to a treasury or bank note or any
Not Payable to Bearer instrument payable to bearer or to order
mentioned therein, the appearance of a
Elements [OFC]: true and genuine document; or
2. By Erasing, substituting, counterfeiting, or
a. There is an Instrument payable to
altering by any means the figures, letters,
Order or other document of credit not
payable to bearer; words, or sign contained therein.
b. Offender either Forged, imported or
uttered such instrument; and Possession and Knowledge
Possession of genuine treasury notes of the
c. In case of uttering, he Connived with
the forger or importer. Philippines, any of “the figures, letters, words
or signs contained” in which had been erased
When Payable to Order [Sec. 8, Negotiable and/or altered, with knowledge of such erasure
and alteration, and with the intent to use such
Instruments Law]
An instrument is payable to order where it is notes in enticing another to advance funds for
the avowed purpose of financing the
drawn payable to the order of a specified
person or to him or his order. manufacture of counterfeit treasury notes of
the Philippines, is punishable under Art. 168 in
relation to Art. 166 (1). [Del Rosario v. People,
Acts of Forgery G.R. No. L-16806 (1961)]
h. Article 168 – Illegal Possession and How Forgery May be Committed

Use of False Treasury or Bank Notes Forgery can be committed through the use of
and Other Instruments of Credit genuine paper bills that have been withdrawn
from circulation, by giving them the
Elements [N-KUPo]: appearance of some other true and genuine
1. Any treasury or bank Note or certificate or document. [People v. Galano, C.A. 54 O.G.
other obligation and security: 5899]
a. There is an instrument payable to
bearer, to order or other document
of credit not payable to bearer; SECTION 4. FALSIFICATION OF
b. Said instrument is forged or LEGISLATIVE, PUBLIC,
falsified by another person;
2. Offender Knows that any of those
COMMERCIAL, AND PRIVATE
instruments is forged or falsified; and DOCUMENTS AND WIRELESS,
3. He either – TELEGRAPH AND TELEPHONE
a. Uses any of such forged or falsified MESSAGES
instruments; or
b. Possesses the same, with intent to
Acts of Falsification
use
Presumption of Material Author j. Article 170 – Falsification of

The rule is that if a person had in his Legislative Documents
possession a falsified document and he made
use of it, taking advantage of it and profiting Elements [BAACh]:
thereby, the presumption is that he is the 1. There is a Bill, resolution or ordinance
material author of the falsification [People v. enacted or approved or pending
Sendaydiego, G.R. No. L-33254 (1978)]. approval by either House of the
Legislature or any provincial board or
i. Article 169 – How Forgery is municipal council;
2. Offender Alters the same;
Committed
3. He has no proper Authority; and
Page 152 of 305

4. Alteration has Changed the meaning of different from, that of the
the documents. genuine original; and
h Intercalating any instrument or note
Falsification v. Forgery relative to the issuance thereof in a
protocol, registry, or official book.
Forgery [Art. 169] Falsification [Art.
170]
Ecclesiastical Minister’s Liability
As used in Article The commission of any The ecclesiastical minister is liable with respect
169, forgery refers to of the 8 acts mentioned to any record or document that its falsification
the falsification and in Article 171 on may affect the civil status of persons.
counterfeiting of legislative (only the
treasury or bank act if making Offender Takes Advantage of his Official
notes or any alteration) or public or Position When:
instruments official, commercial 1. He has the duty to make or prepare, or
payable to bearer or or private documents intervene in the preparation of the
to order. or wireless or document; or
telegraph messages. 2. He has the official custody of the
document he falsifies.
k. Article 171 – Falsification by Public Par. 1: Counterfeiting or imitating any

Officer, Employee or Notary or handwriting, signature or rubric.
Ecclesiastical Minister
Acts Punished [CI]:
Elements [PAF - CApAUDMAI]: 1. Counterfeiting - imitating any
1. Offender is a Public officer, employee, or handwriting, signature or rubric; or
notary public; a. There should be an intent to
2. He takes Advantage of his official imitate, or an attempt to imitate
position; and b. Two signatures, the genuine and
3. He Falsifies a document by committing the forged, should bear some
any of the following acts: resemblance.
a. Counterfeiting or imitating any 2. Imitating (Feigning) - simulating a
handwriting, signature or rubric; signature, handwriting or rubric out of
b. Causing it to Appear that persons one which does not actually exist.
have participated in any act or Par. 2: Causing it to appear that persons
proceeding when they did not in have participated in any act or proceeding
fact so participate; when they did not in fact so participate.
c. Attributing to persons who have
participated in an act or proceeding Elements [AN]:
statements other than those in fact 1. Offender caused it to Appear in a
made by them; document that a person/s participated
d. Making Untruthful statements in a in an act or proceeding.
narration of facts; 2. Such person/s did Not in fact
e. Altering true Dates; participate.
f. Making any alteration or
intercalation in a genuine Par. 3: Attributing to persons who have
document which changes its participated in an act or proceeding
Meaning; statements other than those in fact made by
g. Issuing in an Authenticated form: them
● A document purporting to be
a copy of an original document Elements [PSA]:
when no such original exists, or 1. Person/s Participated in an act or
● Including in such a copy a proceeding
statement contrary to, or 2. Such person/s made Statements in
that act or proceeding; and
Page 153 of 305
3. Offender, in making a document, the document or the effects thereof [People v
Attributed to such person/s statements Reodica and Cordero, G.R. No. 42557 (1935)].
other than those they in fact made.
Dates in the police blotter, book of records
Par. 4: Making untruthful statements in a of arrest, bail bond and return of warrant of
narration of facts arrest are essential because the dates will
show that there was a delay in the preliminary
Elements [D-OFW]: investigation of the case, in violation of the
1. Offender makes in a Document circular of the CFI [People v. Montano and
statements in a narration of facts Cabagsang, G.R. No. L-36345 (1932)].
2. He has a legal Obligation to disclose
truth of facts Par. 6: Making any alteration or
3. Facts narrated are absolutely False; intercalation in a genuine document which
and changes its meaning
4. Perversion of truth in the narration was
made with the Wrongful intent of Elements [A-GAF]:
injuring a third person. 1. There be an Alteration (change) or
intercalation (insertion) on a document.
Narration of Facts Required 2. It was made on a Genuine document.
There must be a narration of facts, not a 3. Alteration or intercalation has changed
conclusion of law. [Beradio v. CA, G.R. Nos. L- the meaning of the document.
49483-86 (1981)] The person making the 4. Change made the document speak
narration of facts must be aware of the falsity something False.
of the facts narrated by him [U.S. Gonzaga,
G.R. No. 5307 (1909)]. Change or Insertion Must Affect the
Integrity of the Document
Falsification by Omission Change or insertion must affect the integrity or
There can be falsification by omission. An effects of the document. Furthermore, the
assistant bookkeeper is guilty of falsification by alteration should make the document speak
intentionally not putting a record in his personal something false [People v. Pacana, G.R. Nos.
account of chits and destroying them so he 22642-22644 (1924)]. Otherwise, it would
could avoid paying the same [People v. Dizon, merely be a correction [U.S. v. Mateo, G.R. No.
G.R. No. 144026 (2006)]. 8025 (1913)].
Par. 5: Altering true dates
Par 7: Issuing in an authenticated form a
Elements [DA]: document purporting to be a copy of an
1. Date must be essential original document when no such original
2. Alteration of the date must affect the exists, or including in such a copy a
veracity of the documents or the effects statement contrary to, or different from, that
thereof (such as dates of birth, of the genuine original
marriage, or death).
Persons Liable
Note: This pertains to alteration of a true date 1. Custodian - Authentication of a document
(not a non-existent date). An example would be can only be made by the custodian or the one
the alteration of dates on official receipts to who prepared and retained a copy of the
prevent discovery of malversation [Typoco Jr v. original.
People, G.R. Nos. 221857 & 222020 (2017)]. a. Purporting to be a copy of the
original when no such original exists.
Date Must be Essential b. Including in a copy a statement
Falsification under this paragraph only when contrary to, or different from, that of the
the date mentioned in the document is genuine original.
essential. The alteration of the date or dates in
a document must affect either the veracity of 2. Private Person - a private person who
cooperates with a public officer in the
Page 154 of 305
falsification of a public document is guilty of the
Type of Description
crime and incurs the same liability and penalty
Document
[U.S. v. Ponte, G.R. No. 5952 (1911)].
Commerce or any other
Par. 8. Intercalating any instrument or note commercial law. They are
relative to the issuance thereof in a used by merchants or
protocol, registry or official book. businesspersons to promote or
Pars. 1 to 5 Pars. 6 to 8 facilitate trade or credit
transactions [Malabanan v.
Sandiganbayan, G.R. Nos.
May be a genuine There must be a
186329, 186584, 198598
(later falsified) or an genuine document.
(2017)].
entirely fabricated
document.
Mode 1: Falsification of public, official or
commercial document by a private
l. Article 172 – Falsification by Private individual
Individual and Use of Falsified
Documents Elements [NoFaDo]:
1. Offender is a Private individual or
Types of Documents: Public officer or employee who did Not
take advantage of his official position;
Type of Description
2. He committed any act of Falsification
Document
(Art. 171); and
Public A document created, executed 3. The falsification was committed in a
Document or issued by a public official in public, official, or commercial
response to the exigencies of Document or letter of exchange.
the public service, or in the
execution of which a public Mode 2: Falsification of private document
official intervened. [US v. by any person
Asensi, G.R. No. 11165 (1916)]
Official A document which is issued by

Document a public official in the exercise Elements [F-eII-PD]:
of the functions of his office. 1. Offender committed any of the acts of
Note: An official document is Falsification except Article 171(7), that
also a public document as it is:
falls within the larger class a. Issuing in an authenticated form a
called public documents [US v. document purporting to be a copy
Asensi, supra]. of an original document when no
such original exists, or
Private A deed or instrument executed b. Including in such a copy a
Document by a private person without the statement contrary to, or different
intervention of a notary public from, that of the genuine original;
or other person legally 2. Falsification was committed in any
authorized, by which Private document;
document some disposition or 3. Falsification causes Damage to a third
agreement is proved, party or at least the falsification was
evidenced or set forth [US v. committed with intent to cause such
Orera, G.R. No. 3810 (1907)]. damage.
Commercial Any document defined and Mode 3: Use of falsified document

Document regulated by the Code of
Page 155 of 305

Elements in introducing in a judicial
proceeding [KFI]: Prescription
1. Offender Knew that the document was The prescriptive period commences from the
falsified by another person; time the offended party had constructive notice
2. The False document is in Articles 171 of the alleged forgery after the document was
or 172 (1 or 2); and registered with the Register of Deeds [People
3. He Introduced said document in v. Villalon, G.R. No. 43659 (1990)].
evidence in any judicial proceeding.
Falsification by Falsification by
Elements in use in any other transaction
Public Officer, Private Individual
[KEUD]:
Employee or and Use of
1. Offender Knew that a document was
Notary or Falsified
falsified by another person;
Ecclesiastical Documents [Art.
2. False document is Embraced in
Minister [Art. 171] 172]
Articles 171 or 172 (1 or 2);
3. He Used such document; and As to Offender
4. The use caused Damage to another or
at least used with intent to cause
damage. Committed by any Committed by any
public officer, private individual, or
Wrongful Intent Not Required in Public employee, or notary any person who
Documents commits such
General Rule: Wrongful intent is required in punishable acts.
falsification of private documents. [U.S. v.
Paraiso, G.R. No. 106 (1902)] Falsification As to Acts Committed
through imprudence implies lack of such intent,
thus there is no crime of falsification of a private Acts involve Acts involve
document through negligence or imprudence. falsification of falsification of
documents by documents by
Exceptions: In case of public and CApAUDMAI (See CApAUDMAI (See
commercial documents: The existence of a Art. 171 discussion). Art. 171 discussion).
wrongful intent to injure a third person is not
necessary when the falsified document is a Documents
public document. [Siquian v. People, G.R. No. falsified may
82197 (1989)] pertain to: Any
public or official
In this particular crime, the controlling document, or letter of
consideration lies in the public character of a exchange, or
document; and the existence of any prejudice commercial
caused to third persons or, at least, the intent documents
to cause such damage becomes immaterial.
[Goma v. Court of Appeals, G.R. No. 168437
(2009)] m. Article 173 – Falsification of
Wireless, Cable, Telegraph and
This applies as well to commercial documents, Telephone Messages, and Use of Said
because as to this kind of document, a credit is Falsified Messages
sought to be protected. [ People v. Go, G.R.
No. 191015 (2014)] Mode 1: Uttering fictitious wireless,
telegraph or telephone message
Presumption Elements [OEU]:
The possessor of a falsified document is 1. Offender is an Officer or Employee of
presumed to be the author of the falsification. the government or an officer or
[People v. Manansala, G.R. No. L-38948 employee of a private corporation,
(1933)]
Page 156 of 305
engaged in the service of sending or
receiving wireless, cable or telephone Persons liable [Ph-PO-Pr]:
message; and a. Physician or surgeon - issues a false
2. He Utters fictitious wireless, cable, certificate in connection with the
telegraph or telephone message of any practice of his profession (it must refer
system. to the illness or injury of a person);
b. Public Officer - issues a false certificate
Mode 2: Falsifying wireless, telegraph or of merit of service, good conduct or
telephone message similar circumstances; or
Elements [OEF]: c. Private person - falsifies a certificate
1. Offender is an Officer or Employee of falling within the classes mentioned in
the government or an officer or the two preceding subdivisions.
employee of a private corporation,
engaged in the service of sending or o. Article 175 – Using False
receiving wireless, cable or telephone Certificates
message; and
2. He Falsifies wireless, cable, telegraph
Elements [IKU]:
or telephone message of any system.
a. False certificate was Issued by the
following:
Mode 3: Using such falsified message a. Physician or surgeon issues a
Elements [KUR]:
false Medical certificate, in
1. Offender Knew that wireless, cable, connection with the practice of his
telegraph, or telephone message was
profession;
falsified by an officer or employee of
b. Public officer issues a false
the government or an officer or
certificate of Merit of service, good
employee of a private corporation
conduct or similar circumstances;
engaged in the service of sending or
c. Private Person falsifies a
receiving wireless, cable or telephone
certificate falling within the 2
message;
preceding subdivisions.
2. He Used such falsified dispatch; and
b. Offender Knows that the certificate was
3. The use Resulted in the prejudice of a
false;
third party or at least there was intent
c. He Uses the same.
to cause such prejudice.
Employee of a Corporation
SECTION 6. MANUFACTURING,
A private individual cannot be a principal by IMPORTING AND POSSESSION OF
direct participation in falsification of telegraphic INSTRUMENTS OR IMPLEMENTS
dispatches under Article 173, unless he is an INTENDED FOR THE COMMISSION OF
employee of a corporation engaged in the FALSIFICATION
business of sending or receiving wireless,
telegraph or telephone messages. But a p. Article 176 – Manufacturing and
private individual can be held criminally liable Possession of Instruments or
as principal by inducement [People v. Yamson-
Dumancas, G.R. No. 13352728 (1999)].
Implements for Falsification
Acts punished [MII]:

SECTION 5. FALSIFICATION OF a. Making or Introducing into the
MEDICAL CERTIFICATES, Philippines any stamps, dies, marks, or
CERTIFICATES OF MERIT OR other instruments or implements for
SERVICE AND THE LIKE counterfeiting or falsification; or
b. Possession with Intent to use the
n. Article 174 – False Medical instruments or implements for
Certificates, False Certificates of counterfeiting or falsification made in or
Merits of Service, Etc.
Page 157 of 305
introduced into the Philippines by 4. Without being Lawfully entitled to do
another person. so.
Constructive Possession In usurpation of official functions, it is essential

As in Article 165, the possession contemplated that the offender should have performed an act
here is possession in general, that is, not only pertaining to a person in authority or public
actual, physical possession, but also officer, in addition to other requirements.
constructive possession or the subjection of [Gigantoni v. People, supra]
the thing to one’s control. [People v. Andrada,
C.A. 64 O.G. 5751] Good Faith as Defense
In prosecutions for usurpation of official
The implements confiscated need not form a functions, good faith is recognized as a
complete set [People v. Santiago et al., C.A. 48 defense. [Ruzol v. Sandiganbayan, G.R. Nos.
O.G. 4401]. 186739-960 (2013)]
b. Article 178 – Using Fictitious and

2. Chapter II: Other Falsities
Concealing True Name
SECTION 1. USURPATION OF Mode 1: Using Fictitious Name
AUTHORITY, RANK, TITLE, AND
IMPROPER USE OF NAMES, Elements [NaP-CED]:
UNIFORMS AND INSIGNIA 1. Offender uses a Name other than his
real name;
a. Article 177 – Usurpation of 2. He uses the fictitious name Publicly;
3. Purpose of use is to:
Authority or Official Functions
a. Conceal a crime;
Mode 1: Usurpation of Authority (no
b. Evade the execution of a
connection with the office represented)
judgment; or
c. Cause Damage
Elements [KO]:
1. Offender Knowingly and falsely
Damage Must be to Public Interest
represents himself; and
If the purpose is for causing damage, it must be
2. As an Officer, agent or representative
damage to public interest which is the essence
of any department or agency of the
of the felonies under the Title. If it is damage to
Philippine government or of any foreign
private interest, the crime will be estafa under
government.
Article 315 2(a) [U.S. v. To Lee Piu, G.R. No.
11522 (1916)].
The mere act of knowingly and falsely
representing oneself to be an officer is
Mode 2: Concealing True Name
sufficient. It is not necessary that he perform an
act pertaining to a public officer [Gigantoni v.
Elements [CoP]:
People, G.R. No. L-74727 (1988)].
1. Offender Conceals his true name and
other personal circumstances;
Mode 2: Usurpation of Official Functions
2. Purpose is only to conceal his identity.
(excess of authority)
Use of Fictitious Name v. Concealment of
Elements [PAP-WiL]:
True Name
1. Offender Performs any act;
2. Act pertains to any person in Authority Use of Fictitious Concealing True
or public officer of the Philippine Name Name
government or any foreign
government, or any agency thereof; Element of Publicity Publicity not
3. Under Pretense of official position; necessary
Page 158 of 305

4. Defendant against whom the false
Purpose is to Merely to conceal
testimony is given is either Acquitted or
conceal a crime, identity.
Convicted in a final judgment.
evade execution of
judgment, cause
Liability of Witness
damage
A witness who gave the false testimony is liable
even if his testimony was not considered by the
c. Article 179 – Illegal Use of Uniforms court. There is no such qualification in the
and Insignia provision [REYES, p. 312, citing Art. 180,
RPC].
Elements [Us-ON-I]:
1. Offender makes Use of insignia, Finality of Judgment
uniforms or dress; Complainant must wait for the finality of
2. The insignia, uniforms or dress judgment in the case where the false testimony
pertains to an Office Not held by such was given because the penalty for the violation
person or a class of persons of which of Art. 180 depends upon the penalty imposed
he is not a member; by the court in the case of the defendant,
3. Said insignia, uniform or dress is used wherein the false testimony was given.
publicly and Improperly.
Defendant False testifier
Note: Wearing the uniform of an imaginary
office is not punishable. Death Reclusion temporal
Intent to Deceive
Reclusion Perpetua Prision mayor
General Rule: The offender must make use of
or Reclusion
insignia, uniforms or dresses with intent to
Temporal
deceive.
Exceptions: Intent is not necessary under:
Any other afflictive Prisión correccional
1. RA No. 492 – punishes the wearing of
penalty
insignia, badge or emblem of rank of the
members of the AFP [Sec. 2]. Correctional penalty, Reclusion temporal
2. RA No. 75 – punishes the unauthorized fine, or acquitted
wearing of any naval, military, police or
other official uniform, decoration or regalia
of a foreign State or one nearly resembling Rule: Defendant must be sentenced to at least
the same, with intent to deceive or mislead a correctional penalty (e.g., prision
[Sec. 3]. correccional, arresto mayor, suspension, or
3. EO No. 297 – punishes the illegal destierro), or a fine, or must be acquitted.
manufacture, sale, distribution and use of
PNP uniforms, insignias and other Hence, when the accused is sentenced by
arresto menor, he shall not be liable for false
SECTION 2. FALSE TESTIMONY testimony, since it is merely a light penalty not
contemplated by Art. 180(4).
d. Article 180 – False Testimony
e. Article 181 – False Testimony
Against a Defendant
Favorable to the Defendant
Elements [P-TK-A/C]:
1. There is a criminal Proceeding; Elements [GFC]:
2. Offender Testifies falsely under oath 1. A person Gives false testimony;
against the defendant therein; 2. In Favor of the defendant;
3. Offender Knows that it is false; 3. In a Criminal case.
Page 159 of 305

Testimony need not be Beneficial to the 2. Statement or affidavit is made Before a
Defendant competent officer, authorized to
The testimony need not be beneficial to the receive and administer oaths;
defendant. It is not necessary that the 2. Offender makes a Willful and
testimony should directly influence the decision deliberate assertion of a falsehood in
of acquittal, it is sufficient that it was given with the statement or affidavit;
the intent to favor the accused. 3. The sworn statement or affidavit
containing the falsity is Required by
f. Article 182 – False Testimony in Civil law; made for a legal purpose.
Cases
No Perjury through Negligence or
Elements [FaC-RK-KMI]: Imprudence
1. False testimony is given in a Civil case; This is because of the requirement that the
2. Testimony Relates to the issues assertion of a falsehood be made willfully and
presented in said case; deliberately. Hence, good faith or lack of malice
3. Offender Knows that testimony is false; is a defense in perjury. [Id.]
4. Testimony is Malicious; and
5. It was given with an Intent to affect the Subornation of Perjury
issues in said case. Subornation of perjury is committed by a
person who knowingly and willfully procures
Suspension of Criminal Action another to swear falsely and the witness
Pending the determination of the falsity of the suborned does testify under circumstances
subject testimonies in the civil case, the rendering him guilty of perjury as a principal
criminal action for false testimony must be by inducement [US v. Ballena, G.R. No. L-
suspended. 6294 (1911)].
g. Article 183 – False Testimony in The fact that subornation of perjury is not
expressly penalized in the Revised Penal Code
Other Cases and Perjury in Solemn does not mean that the direct induction of a
Affirmation person by another to commit perjury has
ceased to be a crime, because said crime is
Acts Punished [TM] fully within the scope of that defined in Art. 17
1. Falsely Testifying under oath; or (2), RPC [People v. Reyes, G.R. No. 45618,
2. Making a false affidavit. (1938)].
Note: The false testimony should not be in a Material v. Relevant v. Pertinent

judicial proceeding [Diaz v. People, G.R. No. L-
65006 (1990)]. Material Relevant Pertinent
Perjury Directed to Tends in any Concerns

Perjury is a crime other than false testimony in prove a fact reasonable collateral
criminal cases or false testimony in civil cases, in issue degree to matters
which are perversions of truth in judicial establish which make
proceedings [false testimony under Arts. 180 to probability or more or less
182]; it is an offense which covers false oaths improbability probable the
not taken in the course of judicial proceedings of a fact in proposition
[U.S. v. Estraña, G.R. No. 5751 (1910)]. issue at issue
Elements of Perjury [MaBe-WiRe]: Note: There is no perjury if the sworn statement

1. Offender Makes a statement under is not important, essential or material. [US v.
oath or executes an affidavit upon a Jurado, G.R. No. 10719 (1915)]
material matter;
Page 160 of 305

Perjury v. Untruthful Statements in a
2. Offender Solicits 2. Offender Attempts
Narration of Facts
any gift or a promise to cause the bidders
Perjury [Art. 183] Untruthful from any of the to stay
Statements in a bidders away from that public
Narration of Facts auction
[Art. 171 par. 4]
3. Such gift or 3. It is done by
Statement is made Statement is made in promise is the Threats, gifts,
before a competent a document, in a Consideration for promises or any
officer, under oath. narration of facts. his refraining from other artifice
taking part in that
public auction
h. Article 184 – Offering False
Testimony in Evidence 4. Offender has the Intent to cause the
reduction of the price of the thing auctioned.
Elements [OK-Ma]:
1. Offender Offers in evidence a false
witness or testimony;
b. [REPEALED] Article 186 –
2. He Knows that the witness or the Monopolies and Combinations in
testimony was false; Restraint of Trade
3. The offer was Made in any judicial or
official proceeding. Note: This article has been repealed by the
Philippine Competition Act, which was signed
Offer of Evidence into law on July 21, 2015.
Offer of evidence begins at the moment a
witness is called to the stand and interrogated SECTION 2. FRAUDS IN COMMERCE
by counsel. The witness must testify [Sec. 34, AND INDUSTRY
Rule 132, Rules of Court].
c. Article 187 – Importation and
3. Chapter III: Frauds Disposition of Falsely Marked Articles
or Merchandise Made of Gold, Silver,
SECTION 1. MACHINATIONS, or other Precious Metals or their
MONOPOLIES AND COMBINATIONS Alloys
a. Article 185 – Machinations in Public Elements: [Im-FaK]
Auctions 1. Offender Imports, sells or disposes of
any of those articles or merchandise
Crime is Consummated by [SA]: (i.e. gold, silver, other precious metals
1. Mere Solicitation of gift or promise as or their alloys)
consideration for not bidding, or 2. The stamps, brands, or marks of those
2. By mere Attempt to cause prospective articles of merchandise Fail to indicate
bidders to stay away from an auction. the actual fineness or quality of said
metals or alloys
Mode 1: Soliciting Mode 2: Attempting 3. Offender Knows of such failure to
Gifts or Promises to cause bidders to indicate the actual fineness or quality of
stay away by the metals or alloys
threats, gifts,
promises or any Article 187 does not apply to the manufacturer
other artifice of misbranded articles who alters the quality or
fineness of anything pertaining to his art or
1. There is a Public auction business – he would be liable for estafa under
Art. 315(2)(b).
Page 161 of 305

d. [REPEALED] Article 188 – Substances as enumerated in the
Substituting and Altering Trade- attached annex, which is an integral
marks and Trade-names part of this Act [Sec. 3(h), R.A. 9165].
3. Drug Syndicate. Any organized group
Note: This article has been repealed by The of two (2) or more persons forming or
joining together with the intention of
Intellectual Property Code, which took effect on
committing any offense prescribed
Jan. 1, 1998.
under this Act [Sec. 3(o), R.A. 9165].
4. Financier. Any person who pays for,
e. [REPEALED] Article 189 – Unfair raises or supplies money for, or
Competition and Fraudulent underwrites any of the illegal activities
Registration of Trade-mark or Trade- prescribed under this Act [Sec. 3(q),
name. R.A. 9165].
5. Protector or Coddler. Any person
Note: This article has been repealed by The who knowingly and willfully consents to
Intellectual Property Code, which took effect on the unlawful acts provided for in this Act
Jan. 1, 1998. and uses his/her influence, power or
position in shielding, harboring,
screening or facilitating the escape of
E. CRIMES RELATIVE TO any person he/she knows, or has
reasonable grounds to believe on or
OPIUM AND OTHER suspects, has violated the provisions of
PROHIBITED DRUGS this Act in order to prevent the arrest,
prosecution and conviction of the
1. Comprehensive Dangerous violator [Sec. 3(ee), R.A. 9165].
6. PusherAny person who sells, trades,
Drugs Act of 2002 [RA 9165, as administers, dispenses, delivers or
amended by R.A. 10640; Section gives away to another, on any terms
21 of the Implementing Rules whatsoever, or distributes, dispatches
in transit or transports dangerous drugs
and Regulations (IRR) only] or who acts as a broker in any of such
transactions, in violation of this Act
Note: R.A. No. 9165, as amended by R.A. [Sec. 3(ff), R.A. 9165].
10640 has repealed Book Two, Title V (Crimes
Relative to Opium and Other Prohibited Drugs) Sale, Trading, Administration,
of the RPC. Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs
Definition of Terms
and/or Controlled Precursors and
1. Dangerous Drugs (DD). Those listed
Essential Chemicals [Sec. 5, R.A. 9165]
in the schedules annexed to the:
a. 1961 Single Convention on
Punishable Acts [ST-A-DiDeDi-T]:
Narcotic Drugs, as amended
by the 1972 Protocol; and Acts Elements/Definition
b. 1971 Single Convention on
Psychotropic Substances as
enumerated in the attached Sale of DD There must be:
annex which is an integral part and/or CP/EC !" Proof that the transaction
of this Act [Sec. 3(j), R.A. [PP]
or sale took place; and
9165]. !" Presentation in court of
2. Controlled Precursors and Essential
the corpus delicti or illicit drug
Chemicals (CP & EC). Include those
as evidence [People v.
listed in Tables I and II of the 1988 UN
Turemutsa, G.R. No.
Convention Against Illicit Traffic in
227497, (2019)]
Narcotic Drugs and Psychotropic
Page 162 of 305
Note: In the Illegal sale of DD and/or CP/EC,
Acts Elements/Definition
presentation of the buy-bust money is not
indispensable to the prosecution of a drug case
Trading Transactions involving the [People v. Martin, G.R. No. 193234, (2011)]
illegal trafficking of
dangerous drugs and/or Maximum Penalty is Imposed [100 - UVF]:
controlled precursors and a. If the illegal activities transpire within
essential chemicals using 100 meters from a school [Sec. 5 (3),
electronic devices such as, R.A. 9165]
but not limited to, text b. Using minors or mentally incapacitated
messages, email, mobile or individuals as runners, couriers and
landlines, two-way radios, messengers, or in any other capacity
internet, instant messengers directly connected to the dangerous
and chat rooms or acting as drugs and/or controlled precursors and
a broker in any of such essential chemical trade [Sec. 5 (4),
transactions whether for R.A. 9165]
money or any other c. If the Victim of the offense is a minor or
consideration in violation of a mentally incapacitated individual, or
this Act. [Sec. 3(jj), RA 9165] should a dangerous drug and/or a
controlled precursor and essential
Administrating Any act of introducing any chemical involved in any offense herein
dangerous drug into the provided be the proximate cause of
body of any person, with or death of a victim thereof [Sec. 5 (5),
without his/her knowledge, R.A. 9165]
by injection, inhalation, d. On any person who organizes,
ingestion or other means, or manages or acts as a “Financier” of any
of committing any act of of the illegal activities [Sec. 5 (6), R.A.
indispensable assistance to 9165]
a person in administering a
dangerous drug to Possession of Dangerous Drugs [Sec. 11,
himself/herself unless R.A. 9165]
administered by a duly
licensed practitioner for Elements [PNF]:
purposes of medication. a. The accused is in Possession of an
[Sec. 3(a), RA 9165] item or object, which is Identified to be
prohibited or regulated drug
Dispensation Any act of giving away, b. Such possession is Not authorized by
selling or distributing law; and
medicine or any dangerous c. The accused Freely and consciously
drug with or without the use possessed the drug [People v.
of prescription. [Sec. 3(m), Trinidad, G.R. No. 199898, (2014)
RA 9165] citing People v. Quiamanlon, G.R. No.
191198 (2011)].
Delivery Any act of knowingly passing
a dangerous drug to another,
Constructive Possession
personally or otherwise, and
Exists when the drug is under the dominion and
by any means, with or without
control of the accused or when he has the right
consideration. [Sec. 3(k), RA
to exercise dominion and control over the place
9165
where it is found [Id.].
Distribution
Transportation Note: Exclusive possession or control is not
necessary [Id.].
Presumption of Possession
Page 163 of 305
When prohibited and regulated drugs are found the penalty provided for in the Revised Penal
in a house or other building belonging to and Code shall be applicable [Sec. 25, R.A. 9165]
occupied by a particular person, the
presumption arises that such person is in Other Punishable Acts
possession of such drugs in violation of law, 1. Importation of Dangerous Drugs
and the fact of finding the same is sufficient to and/or Controlled Precursors and
convict [People v. Torres, G.R. No. 170837, Essential Chemicals [Sec. 4, R.A. 9165]
(2006)].
2. Maintenance of a Den, Dive or Resort
Possession is Absorbed in the Sale of DD [Sec. 6, R.A. 9165]
Possession of prohibited or dangerous drugs is
absorbed in the sale thereof [People v. Den, Dive or Resort
Posada, G.R. No. 196052 (2015)]. A place where any dangerous drug and/or
controlled precursor and essential
Use of Dangerous Drugs [Sec. 15, R.A. chemical is administered, delivered,
9165] stored for illegal purposes, distributed,
Committed by a person apprehended or sold or used in any form [Sec. 3(l), RA
arrested, who is found to be positive for use of 9165].
any dangerous drug, after a confirmatory test
[Sec. 15, R.A. 9165]. 3. Employees and Visitors of a Den, Dive
or Resort [Sec. 7, RA 9165]
Note: Section 15 shall not be applicable where
the person tested is also found to have in Acts Punished: [EV]
his/her possession such quantity of any 1. Employment in a den, dive or resort,
dangerous drug provided for under Section 11 by an employee who is aware of the
of this Act (Possession of Dangerous Drugs), nature of the place as such; and
in which case the provisions stated therein 2. Visiting of any person, not being
shall apply [Id.] included in (1), who is aware of the
nature of the place as such and shall
Confirmatory Test knowingly visit the same.
An analytical test using a device, tool or
equipment with a different chemical or physical Employee of a Den, Dive or Resort
principle that is more specific which will The caretaker, helper, watchman, lookout,
validate and confirm the result of the screening and other persons working in the den, dive
test. [Sec. 3 (f), R.A. 9165] or resort, employed by the maintainer,
owner and/or operator where any
Note: Confirmatory tests for drug use under dangerous drug and/or controlled
Sec. 15 are allowable only for unlawful acts precursor and essential chemical is
listed under Article II of R.A. 9165, and not for administered, delivered, distributed, sold
any unlawful act. Moreover, such a test is not or used, with or without compensation, in
an allowable “non-testimonial compulsion” connection with the operation thereof
when immaterial to the principal cause of arrest [Sec. 3(p), R.A. 9165].
(e.g., a urine drug test has no relation to an
extortion charge, and hence inadmissible) 4. Manufacturing Dangerous Drugs
[Dela Cruz v. People, G.R. No. 200748 (2014)]. and/or Controlled Precursors and
Essential Chemicals. [Sec. 8, RA 9165]
Qualifying Aggravating Circumstances in
the Commission of a Crime by an Offender Manufacturing
Under the Influence of Dangerous Drugs The production, preparation,
Notwithstanding the provisions of any law to compounding or processing of any DD
the contrary, a positive finding for the use of and/or CP and EC, either directly or
dangerous drugs shall be a qualifying indirectly or by extraction from substances
aggravating circumstance in the commission of of natural origin, or independently by
a crime by an offender, and the application of means of chemical synthesis or by a
Page 164 of 305
combination of extraction and chemical 5. Illegal Chemical Diversion of
synthesis, and shall include any Controlled Precursors and Essential
packaging or repackaging of such Chemicals [Sec. 9, R.A. 9165]
substances, design or configuration of its
form, or labeling or re-labeling of its Chemical Diversion
container [Sec 3(u), R.A. 9165]. The sale, distribution, supply or transport
of legitimately imported, in-transit,
Exception: Does not include the manufactured or procured controlled
preparation, compounding, packaging or precursors and essential chemicals, in
labeling of a drug or other substances by diluted, mixtures or in concentrated form,
a duly authorized practitioner as an to any person or entity engaged in the
incident to his/her administration or manufacture of any dangerous drug, and
dispensation of such drug in the shall include packaging, repackaging,
course of his/her professional practice labeling, relabeling or concealment of
including research, teaching and chemical such transaction through fraud,
analysis of dangerous drugs or such destruction of documents, fraudulent use
substances that are not intended for sale of permits, misdeclaration, use of front
or for any other purpose [Id.]. companies or mail fraud [Sec. 3(d), R.A.
9165].
Presence of CP and/or EC as Prima
Facie Evidence 6. Manufacturing or Delivering of
The presence of any controlled precursor Equipment, Instrument, Apparatus,
and essential chemical or laboratory and Other Paraphernalia for
equipment in the clandestine laboratory is Dangerous Drugs and/or Controlled
a prima facie proof of manufacture of any Precursors and Essential Chemicals
dangerous drug [Sec. 8(3), R.A. 9165]. [Sec. 10, R.A. 9165]
Aggravating Circumstances [Sec. 8(3), 7. Possession of Equipment, Instrument,

R.A. 9165] Apparatus and Other Paraphernalia for
If the clandestine laboratory is undertaken Dangerous Drugs [Sec. 12, R.A. 9165]
or established under the following
circumstances [M-100-BCE]: Possession of such Equipment as
a. Any phase of the Prima Facie Evidence of Use
manufacturing process was The possession of such equipment,
conducted in the presence or instrument, apparatus and other
with the help of Minor/s; paraphernalia fit or intended for any of the
b. Any phase or manufacturing purposes enumerated in the preceding
process was established or paragraph shall be prima facie evidence
undertaken within one hundred that the possessor has smoked,
(100) meters of a residential, consumed, administered to
business, church or school himself/herself, injected, ingested or used
premises; a dangerous drug and shall be presumed
c. Any clandestine laboratory was to have violated Section 15 (Use of
secured or protected with Dangerous Drugs) of this Act [Sec. 12 (2),
Booby traps; R.A. 9165].
d. Any Clandestine laboratory
was concealed with legitimate 8. Possession of Dangerous Drugs
business operations; or During Parties, Social Gatherings or
e. Any Employment of a Meetings [Sec. 13, R.A. 9165]
practitioner, chemical
engineer, public official or Any person found possessing any
foreigner dangerous drug during a party, or at a
social gathering or meeting, or in the
proximate company of at least two (2)
Page 165 of 305
persons, shall suffer the maximum Immunity from Prosecution [Sec. 33]
penalties provided for in Section 11 of this Any person shall be exempted from
Act (Possession of Dangerous Drugs), prosecution or punishment for the offense with
regardless of the quantity and purity of reference to which his/her information of
such dangerous drugs [Id.]. testimony were given, and may plead or prove
the giving of such information and testimony in
9. Possession of Equipment, Instrument, bar of such prosecution, when the person:
Apparatus and Other Paraphernalia for [VVT]
Dangerous Drugs During Parties, 1. Violated Sections 7, 11, 12, 14, 15,
Social Gatherings or Meetings or in the and 19, Article II of this Act:
proximate company of at Least 2 2. Voluntarily gives Information about;
People [Sec. 14, R.A. 9165] a. Any violation of Sections 4, 5,
6, 8, 10, 13, and 16, Article II of
10. Cultivation or Culture of Plants this Act as well as any violation
Classified as Dangerous Drugs or are of the offenses mentioned if
Sources Thereof [Sec. 16, R.A. 9165] committed by a drug syndicate,
or
11. Failure in Maintaining and Keeping of b. Any information leading to the
Original Records of Transactions on whereabouts, identities and
Dangerous Drugs and/or Controlled arrest of all or any of the
Precursors and Essential Chemicals in members thereof;
Accordance with Sec. 40 of R.A. 9165 3. Who willingly Testifies against such
[Sec. 17, R.A. 9165] persons
12. Unnecessary Prescription of Conditions which must concur in order for

Dangerous Drugs. [Sec. 18, R.A. 9165] the person to enjoy Immunity from
Prosecution: [NN-CMC]
The practitioner who unnecessarily 1. The information and testimony are
prescribed the dangerous drugs will have Necessary for the conviction of the
his/her license to practice revoked [Id.]. persons described above;
2. Such information and testimony are Not
13. Unlawful Prescription of Dangerous yet in the possession of the State;
Drugs [Sec. 19, R.A. 9165] 3. Such information and testimony can be
Corroborated on its material points;
14. “Planting" of any dangerous drug 4. the informant or witness has not been
and/or controlled precursor and previously convicted of a crime involving
essential chemical, regardless of Moral turpitude, except when there is no
quantity and purity [Sec. 29, R.A. 9165] other direct evidence available for the
State other than the information and
“Planting” of Evidence testimony of said informant or witness;
The willful act by any person of maliciously and
and surreptitiously inserting, placing, 5. The informant or witness shall strictly and
adding or attaching directly or indirectly, faithfully Comply without delay, any
through any overt or covert act, whatever condition or undertaking, reduced into
quantity of any dangerous drug and/or writing, lawfully imposed by the State as
controlled precursor and essential further consideration for the grant of
chemical in the person, house, effects or immunity from prosecution and
in the immediate vicinity of an innocent punishment. [Sec. 33(1-5), R.A. 9165]
individual for the purpose of implicating,
incriminating or imputing the commission Note: The above provision operates in spite of
of any violation of this Act [Sec. 3 (cc), the provisions of Section 17, Rule 119 of the
R.A. 9165]. Revised Rules of Criminal Procedure and the
provisions of R.A. No. 6981 or the Witness
Page 166 of 305

Protection, Security and Benefit Act of 1991 CPs and ECs, as well as
[Sec. 33, R.A. 9165] instruments/paraphernalia and/or laboratory
equipment confiscated, seized and/or
Immunity may be Enjoyed by a Witness surrendered, for proper disposition in the ff
Who Does Not Appear to be the Most Guilty manner: [PP-SCFI-BCP]
Immunity may be enjoyed by an informant or
witness who does not appear to be most guilty Apprehending team having initial custody shall
for the offense with reference to which his/her conduct a physical Inventory of the seized
information or testimony were given. Provided, items and Photograph the same in:
there is no direct evidence available for the a. The presence of the accused or the
State except for the information and testimony person/s from whom such items were
of the said informant or witness [Id.]. confiscated and/or seized; or
b. His/her representative or counsel,
Termination of the Grant of Immunity with:
The immunity granted to the informant or i. An elected public official; and
witness shall not attach: [Sec. 34, R.A. 9165] ii. Representative of the National
1. Should it turn out subsequently that the Prosecution Service or the
information and/or testimony is false or media who shall be required to
made only for the purpose of harassing or sign the copies of the inventory
in any way prejudicing the persons and be given a copy thereof.
described in the preceding Section.
2. In case an informant or witness under this Place of Conducting Inventory and
Act fails or refuses to testify without just Photograph
cause, and when lawfully obliged to do so, a. Place where the search warrant is
or should he/she violate any condition served; or
accompanying such immunity as provided b. Nearest police station; or
above. c. Nearest office of the apprehending
officer/team, whichever is practicable,
Note: In case the informant or witness referred in case of warrantless seizures.
to under this Act falls under the applicability of
this Section hereof, such individual cannot 1. Submit items confiscated within 24 hours
avail of the provisions under Article VIII of this to the PDEA Forensic Laboratory for a
Act (Program for Treatment and Rehabilitation qualitative or quantitative examination;
of Drug Dependents) [Sec. 34(3), R.A. 9165].
2. Certification of the forensic laboratory
CHAIN OF CUSTODY RULE [SEC. 21, R.A. examination results, shall be issued
9165, AS AMENDED BY R.A. 10640] immediately upon the receipt of the
subject item/s.
Chain of Custody
The duly recorded authorized movements and Partial Laboratory Examination Report
custody of seized drugs or controlled – allowed to be issued provisionally
chemicals or plant sources of dangerous drugs when the volume of the items do not allow
or laboratory equipment of each stage, from the completion of testing within the time
the time of seizure/confiscation, to receipt in frame, stating the quantities of dangerous
the forensic laboratory, to safekeeping, to drugs still to be examined by the forensic
presentation in court for destruction laboratory: Provided, a final certification
[Dangerous Drugs Board Resolution No. 1, shall be issued immediately upon
Series of 2002, Implementing RA 9165, Sec. completion of the said examination and
1(b)]. certification;
Procedure [Sec. 21, 9165, as amended by 3. Filing of a criminal case in court;

R.A. 10640]
PDEA shall take charge and have custody of 4. After the filing, the Court shall, within 72
all dangerous drugs, plant sources of DDs, hours, conduct an ocular Inspection of the
Page 167 of 305
confiscated, seized and/or surrendered Rationale: suffices to rebut the presumption of
items; regularity in the performance of official duties,
acquitting the accused from liability. [Id.]
5. PDEA, within 24 hours, shall thereafter
proceed with the destruction or burning of Plea Bargaining
the items, in the presence of the following: Section 23 of Republic Act No. 9165 is
a. Accused or representative or counsel; declared unconstitutional for being contrary to
and the rule-making authority of the Supreme Court
b. Representative from: [Estipona v. Lobrigo, G.R. No. 226679 (2017)]
i. Media;
ii. DOJ, Note: The SC, in the exercise of its rulemaking
iii. Civil society groups; and power, has issued OCA Circular 90- 2018 (May
iv. Any elected public official. 4, 2018) to enjoin the courts to comply with AM
No. 18-03-16 (Adoption of the Plea Bargaining
6. Sworn Certification shall be issued by the Framework in Drugs Cases).
Dangerous Drugs Board, as to the fact of
destruction or burning of the items. A Section 35. Authorized Drug Testing. –
representative sample, however, shall be xxx
submitted to the court having jurisdiction
(a) Applicants for driver's license. – No driver's
over the case. license shall be issued or renewed to any person
unless he/she presents a certification that he/she
7. After the Promulgation and judgment in has undergone a mandatory drug test and indicating
the criminal case, the representative thereon that he/she is free from the use of
sample, with leave of court and after dangerous drugs;
informing the board of the termination of
(b) Applicants for firearm's license and for
the case, the prosecutor shall request the permit to carry firearms outside of residence. –
turn over of the representative sample to All applicants for firearm's license and permit to
the PDEA for proper disposition and carry firearms outside of residence shall undergo a
destruction within 24 hours from receipt. mandatory drug test to ensure that they are free
from the use of dangerous drugs: Provided, That all
persons who by the nature of their profession carry
LAPSES IN PROCEDURE
firearms shall undergo drug testing;
Minor Lapses (c) Students of secondary and tertiary schools.

Failure of the apprehending team to strictly – Students of secondary and tertiary schools shall,
comply with the procedure laid out in Section pursuant to the related rules and regulations as
21 of RA 9165 and its IRR does not ipso facto contained in the school's student handbook and with
notice to the parents, undergo a random drug
render the seizure and custody over the items
testing: Provided, That all drug testing expenses
as void and invalid [People v. Lim, G.R. No. whether in public or private schools under this
223556 (2017)]. Section will be borne by the government;
Two Conditions that Must be Complied with (d) Officers and employees of public and private
To Justify a Minor Procedural Lapse offices. – Officers and employees of public and
private offices, whether domestic or overseas, shall
The prosecution must satisfactorily prove that:
be subjected to undergo a random drug test as
1. There is Justifiable ground for contained in the company's work rules and
noncompliance; and regulations, which shall be borne by the employer,
2. The integrity and evidentiary value of the for purposes of reducing the risk in the workplace.
seized items are properly Preserved. [Id.] Any officer or employee found positive for use of
dangerous drugs shall be dealt with administratively
which shall be a ground for suspension or
Unjustified Failure to Comply results in the
termination, subject to the provisions of Article 282
Acquittal of the Accused of the Labor Code and pertinent provisions of the
Unjustified failure of the authorities to comply Civil Service Law;
with Sec. 21 raises reasonable doubt on the
authenticity of the corpus delicti [People v. (e) Officers and members of the military, police
Gaa, G.R. No. 222559 (2018)]. and other law enforcement agencies. – Officers
Page 168 of 305
and members of the military, police and other law Definition of Terms [Sec. 2, R.A. 9287]
enforcement agencies shall undergo an annual 1. Illegal Numbers Game. Any form of
mandatory drug test;
illegal gambling activity which uses
In addition to the above stated penalties in this numbers or combinations thereof as
Section, those found to be positive for dangerous factors in giving out jackpots.
drugs use shall be subject to the provisions of 2. Jueteng. An illegal numbers game that
Section 15 of this Act involves the combination of thirty-
Note: Both Sec. 36(f) and 36(g) were seven (37) numbers against thirty-
declared unconstitutional in the case of seven (37) numbers from number one
Social Justice Society, et. al. v. Dangerous (1) to thirty-seven (37) or the
Drugs Board, et. al., G.R. No. 157870 (2008). combination of thirty-eight (38)
• Sec. 36(f) pertains to persons charged numbers in some areas, serving as a
form of local lottery where bets are
before the prosecutor's office with a criminal
offense having an imposable penalty of placed and accepted per combination,
imprisonment of not less than six (6) years and its variants.
and one (1) day. 3. Masiao. An illegal numbers game
where the winning combination is
• Sec. 36(g) pertains to candidates for public derived from the results of the last
office whether appointed or elected both in game of Jai Alai or the Special Llave
the national or local government. portion or any result thereof based on
any fictitious Jai Alai game consisting
of ten (10) players pitted against one
F. CRIMES AGAINST another, and its variants.
PUBLIC MORALS [ARTS. 4. Last Two. An illegal numbers game
where the winning combination is
200-202] derived from the last two (2) numbers
of the first prize of the winning
Sweepstakes ticket which comes out
1. Chapter I: Gambling and during the weekly draw of the
Betting Philippine Charity Sweepstakes Office
(PCSO), and its variants.
5. Bettor. Any person who places bets for
a. P.D. 1602 (Anti-Gambling Law) as himself/herself or in behalf of another
amended by R.A. 9287 (Anti-Illegal person, or any person, other than the
Numbers Games Law) personnel or staff of any illegal
numbers game operation.
Note: Articles 195-199 of the RPC, R.A. 3063 6. Personnel or Staff of Illegal
(Horse racing), P.D. 449 (Cockfighting), P.D. Numbers Game Operation. Any
483 (Game Fixing), P.D. 510 (Slot Machines) person, who acts in the interest of the
in relation to Opinion Nos. 33 and 97 of the maintainer, manager or operator, such
Ministry of Justice, P.D. 1306 (Jai-Alai as, but not limited to, an accountant,
Bookies) and other City and Municipal cashier, checker, guard, runner, table
Ordinances or gambling which are inconsistent manager, usher, watcher, or any other
with [P.D. 1602] are hereby repealed [Sec. 3, personnel performing such similar
P.D. 1602]. functions in a building structure, vessel,
vehicle, or any other place where an
Gambling [Sec. 1, P.D. 1602] illegal numbers game is operated or
conducted.
Gambling is any game or scheme, whether 7. Collector or Agent. Any person who
upon chance or skill, wherein wagers collects, solicits or produces bets in
consisting of money, articles or value or behalf of his/her principal for any illegal
representative of value are at stake or made. numbers game who is usually in
possession of gambling paraphernalia.
Page 169 of 305

8. Coordinator, Controller or d. Black jack, lucky nine, poker
Supervisor. Any person who and its derivatives, monte,
exercises control and supervision over baccarat, cuajao, pangguingue
the collector or agent. and other card games;
9. Maintainer, Manager or Operator. e. Paik que, high and low,
Any person who maintains, manages mahjong, domino and other
or operates any illegal number game in games using plastic tiles and
a specific area from whom the the likes;
coordinator, controller or supervisor, f. Slot machines, roulette, pinball
and collector or agent take orders. and other mechanical
10. Financiers or Capitalist. Any person contraptions and devices;
who finances the operations of any g. Dog racing, boat racing, car
illegal numbers game. racing and other forms of
11. Protector or Coddler. Any person races;
who lends or provides protection, or h. Basketball, boxing, volleyball,
receives benefits in any manner in the bowling, pingpong and other
operation of any illegal numbers game. forms of individual or team
contests to include game fixing,
Punishable Acts [Sec. 3, R.A. 9287] point shaving and other
Participation in any illegal numbers game: machinations;
1. as a bettor; i. Banking or percentage game,
2. as a personnel or staff of a game or any other game scheme,
operation; whether upon chance or skill,
3. by allowing his vehicle, house, building wherein wagers consisting of
or land to be used in the operation of money, articles of value or
such games; representative of value are at
4. as a collector or agent; stake or made;
5. as a coordinator, controller or
supervisor; 2. Knowingly Permitting any form of
6. as a maintainer, manager or operator; gambling referred to in the preceding
7. as a financier or capitalist; and subparagraph to be carried on in an
8. as protector or coddler. inhabited or uninhabited place or in any
building, vessel or other means of
b. Article 199 – Illegal Cockfighting transportation owned or controlled by
[amended by P.D. 449] him.
Acts Punished [TaP-PoM-BaS] Qualifying Circumstance. If the place

Note: Article 195, which enumerates the acts where the illegal gambling is carried on
punishable, has been wholly repealed by Sec. has a reputation of a gambling place or
1, P.D. 1602. that prohibited gambling is frequently
carried on therein, or the place is a
1. Taking part, directly or indirectly, in any public or government building or
illegal or unauthorized activities or barangay hall, a higher penalty will be
games of: imposed [Sec. 1(a)(1), P.D. 1602].
a. Cockfighting, jueteng, jai alai or
horse racing to include bookie 3. Possessing any lottery list, paper or
operations and game fixing, other matter containing letters, figures,
numbers, bingo and other signs or symbols pertaining to or in any
forms of lotteries; manner used in the mentioned games
b. Cara y cruz, pompiang and the of lotteries and numbers which have
like; taken place or about to take place,
c. 7-11 and any game using dice; knowingly and without lawful purpose
in any hour of any day.
Page 170 of 305

4. Maintaining or conducting above The games of domino, bingo, poker when not
gambling schemes. played with five cards stud, cuajo,
pangguingue and mahjong, provided that they
Maintainer, Manager or Operator are played as parlor games or for home
Any person who maintains, manages or entertainment, and provided further, that they
operates any illegal number game in a specific are not played in places habitually used for
area from whom the coordinator, controller or gambling and the betting is not disguised to
supervisor, and collector or agent take orders. defeat the intent of P.D. No. 1602, are hereby
[Sec. 2(i), R.A. 9287] exempted.
Qualifying Circumstance. If the maintainer, Lottery

conductor or banker of said gambling schemes It is a scheme for the distribution of prizes by
is a government official, or where such chance among persons who have paid, or
government official is the player, promoter, agreed to pay, a valuable consideration for the
referee, umpire, judge or coach, the official chance to obtain a prize. [U.S. v. Filart, G.R.
shall be temporarily absolutely disqualified and No. 10263, (1915)]
higher penalty will be imposed [Sec. 1(c), P.D.
1602] Elements [CCP]:
1. Consideration;
1. Failing to abate illegal gambling or take 2. Chance; and
action in connection therewith by a 3. Prize or some advantage or inequality in
Barangay official who has knowledge amount or values which is in the nature of a
of the existence of a gambling house or prize [Uy v. Palomar, G.R. No. L-23248
place in his jurisdiction. (1969)].
2. Any Security officer, security guard,
watchman, private or house detective No Lottery when there is Full Value of
of hotels, villages, buildings, Money
enclosures and the like which have the There is no lottery when there is full value for
reputation of a gambling place or money and the prize is merely incidental, this
where gambling activities are being is because the player obtains full value of his
held. money.
Spectators are Not Liable in Gambling c. R.A. 9287: Increasing the Penalty
A mere bystander or spectator in a gambling for Illegal Numbers Games
game is not criminally liable because he does
not take part therein [U.S. v. Palma, G.R. No. Illegal Numbers Game
2188 (1905)]. Any form of illegal gambling activity which uses
numbers or combinations thereof as factors in
Playing for Money is Not an Essential giving out jackpots [Sec. 2(a), R.A. 9287].
Element
When the law names the games, punishing any Persons Liable [Sec. 3, RA 9287]:
person who takes part therein, its purpose is to The law punishes any person who participates
absolutely prohibit those games regardless in any illegal numbers game who [BS-
whether or not money is involved [U.S. v. VCCMFC]:
Rafael, G.R. No. 7380 (1912)]. 1. Acts as a Bettor;
2. Acts as a Personnel or Staff of an
Informer’s Reward illegal numbers game operation;
Any person who shall disclose information that 3. Allows his Vehicle, house, building or
will lead to the arrest and final conviction of the land to be used in the operation of the
malefactor shall be rewarded 20% of the cash illegal numbers games;
money or articles of value confiscated or 4. Acts as a Collector or agent;
forfeited [Sec. 3, P.D. 1602]. 5. Acts as a Coordinator, controller or
supervisor;
Letter of Instruction No. 816
Page 171 of 305
6. Acts as a Maintainer, manager or softball, baseball; chess, boxing bouts,
operator; "jaialai", "sipa", "pelota" and all other sports
7. Acts as a Financier or capitalist; and contests, games or races; as well as betting
8. Acts as protector or Coddler. therein except as may be authorized by law
[Sec. 2, P.D. 483].
Possession of Gambling Paraphernalia as
Prima Facie evidence Betting
Possession of any gambling paraphernalia and Betting money or any object or article of value
other materials used in the illegal numbers or representative of value upon the result of
game operation shall be deemed prima facie any game, races and other sports contest [Sec.
evidence of any offense covered by this Act. 1(a), P.D. 483].
[Id.]
Game-fixing
d. Article 196 – Importation, Sale and Any arrangement, combination, scheme or
Possession of Lottery Tickets and agreement by which the result of any game,
Advertisements races or sports contests shall be predicted
and/or known other than on the basis of the
Acts Punished [IPSS]: honest playing skill or ability of the players or
participants [Sec. 1(b), P.D. 483].
1. Importing into the Philippines from any
foreign place or port any lottery ticket or
Point-shaving
advertisement;
2. Possessing, knowingly and with intent Any such arrangement, combination, scheme
to use, lottery tickets or or agreement by which the skill or ability of any
player or participant in a game, races or sports
advertisements;
3. Selling or distributing the same in contests to make points or scores shall be
limited deliberately in order to influence the
connivance with the importer; and
4. Selling or distributing the same without result thereof in favor of one or other team,
player or participant therein [Sec. 1(c), P.D.
connivance with the importer
483].
Presumption of Intent
The possession of any lottery ticket or Game-machinations
Any other fraudulent, deceitful, unfair or
advertisement is prima facie evidence of an
intent to sell, distribute or use the same [Art. dishonest means, method, manner or practice
employed for the purpose of influencing the
196 (3), RPC].
result of any game, races or sport contest.
[Sec. 1(d), P.D. 483]
Lottery Tickets Need Not be Genuine
It is not necessary that the lottery tickets be
Offenders Punished [Sec. 3, PD 483] [OOG]:
genuine, as it is enough that they be given the
appearance of lottery tickets [U.S. v. Reyes, 1. An Official, such as promoter, referee,
umpire, judge, or coach in the game,
supra].
race or sports contests, or the manager
or sponsor of any participating team,
e. Article 197 – Betting in Sports individual or player therein, or
Contests (Repealed by P.D. 4834) participants or players in such games,
races or other sports contests
f. P.D. 4834 - Penalizing Betting, Game 2. Any other Offender
Fixing or Point-Shaving and 3. An official or employee of any
Machinations in Sport Contests Government office or agency
concerned with the enforcement or
Prohibited Acts administration of laws and regulations
Game-fixing, point-shaving, machination, as on sports
defined in the preceding section, in connection
with the games of basketball, volleyball,
Page 172 of 305

g. Article 198 – Illegal Betting On Cockfighting
Horse Races [Repealed by Act No. Shall embrace and mean the commonly known
309, as amended by R.A. 983] game or term "cockfighting derby, pintakasi or
tupada", or its equivalent terms in different
Acts Punished [BM]: Philippine localities. [Sec. 4(a), P.D. 449]
1. Betting on horse races during the
Persons Liable [Art. 199, as amended by
periods not allowed by law; and
2. Maintaining or employing a totalizer or P.D. 449]: [DOrC-FA]
1. Any person who directly or indirectly
other device or profit therefrom, during
periods not allowed by law. participates in cockfights, by betting
money or other valuable things on a
Games and Amusements Board
The supervision and regulation of horse-races Day other than those permitted by law;
2. Any person who directly or indirectly,
in the Philippines shall be vested in a
Organizes cockfights at which bets are
Commission on Races (now called the Games
made, on a day other than those
and Amusements Board) [R.A. 309, as
permitted by law;
amended by R.A. 983]
3. Any person who directly or indirectly
participates in cockfights, at a place
Days When Horse Racing is Allowed v.
other than a licensed Cockpit;
Days when Horse Racing is NOT Allowed
4. When the offender is the Financer,
[R.A. 309 Sec. 4, as amended by Sec. 1, R.A.
owner, manger or operator of cockpit,
983]
or the gaffer, referee or bet taker in
Days When Horse Days When Horse cockfights; or
Racing is Racing is Not 5. Allowing, promoting or participating in
Permitted [SSH] Permitted any other kind of gambling in the
[JD-VThF] premises of cockfights during
cockfights.
1. Sundays not 1. July 4th of each
reserved by the year [R.A. 137] Days Cockfighting is allowed [Sec. 5(d), P.D.
Commission; 449]:
2. 24 Saturdays as 2. December 30 of 1. Sundays;
determined by each year [R.A. 229] 2. Legal Holidays, EXCEPT:
the Commission; a. Rizal Day;
and 3. Any registration or b. Independence Day;
3. Legal Holidays, Voting day [R.A. 180] c. National Heroes Day;
except d. Holy Thursday;
a. Independence 4. Holy Thursday and e. Good Friday;
Day; Good Friday f. Election or Referendum Day;
b. Rizal Day; and
c. Registration or g. During the Registration Days
Voting day; for Election or Referendum;
d. Holy 3. During local fiestas for not more than
Thursday; and three (3) days; and
e. Good Friday 4. During provincial, city or municipal,
agricultural, commercial or industrial
Race held the Same Day is a Separate fair, carnival or exposition for a similar
Offense period of three (3) days.
Any race held in the same day at the same
place shall be held punishable as a separate Spectators in a Cockfight Are Not Liable
offense [Art. 198(2), RPC] The decree [Sec. 8, P.D. 449] does not punish
a person attending as a spectator in a
h. Article 199 – Illegal Cockfighting cockfight.
[amended by P.D. 449]
Page 173 of 305
2. Chapter II: Offenses Against Public Place Private Place
Decency and Good Customs
Public View Requirement
a. Article 200 – Grave Scandal
Public view is not Public view or public
Elements [PSNP]: required knowledge is
1. The offender Performs an Act/s; required.
2. Such act/s are highly Scandalous as
offending against decency or good Degree of Publicity
customs;
3. The highly scandalous conduct is Not Criminal Liability Degree of publicity is
expressly falling within any other Art. of arises irrespective of an essential element
the RPC; and whether the immoral of the crime.
act is open to the
Note: In conducts involving public’s view.
lasciviousness, it is grave scandal only
where there is mutual consent
(BOADO). Note: When the act is committed at night, in a
private house, and only one person was
4. The act/s complained of are committed present, this does not constitute the degree of
in a Public place or within the Public publicity which is an essential element of the
knowledge or view [U.S. v. Samaniego, crime [U.S. v. Catajay, G.R. No. 2785, (1906)]
G.R. No. 5115 (1909)]
b. Article 201 – Immoral Doctrines,
Grave Scandal Obscene Publications and Exhibitions
Consists of acts which are offensive to decency and Indecent Shows (as amended by
and good customs which, having been PD 960 and 969)
committed publicly, have given rise to public
scandal to persons who have accidentally Persons Liable [PA-ExGSRDC-S]:
witnessed the same [U.S. v. Catajay, G.R. No. 1. Those who shall Publicly expound or
278 (1906)]. proclaim doctrines openly contrary to
public morals;
Decency 2. Authors of obscene literature, published
Propriety of conduct, proper observance of the with their knowledge in any form; the
requirement of modesty, good taste, etc. [U.S. editors publishing such literature; and the
v. Kottinger, G.R. No. 20569 (1923)]. owners/operators of the establishment
selling the same;
Customs
Established usage and social conventions Note: Author is liable only when it is
carried on by tradition and enforced by social published with his knowledge [Art. 201,
disapproval of any violation thereof [Black’s RPC].
Law Dictionary].
3. Those who, in theaters, fairs,
Act/s Must be Performed In: cinematographs or any other place,
1. Public place; or Exhibit, indecent or immoral plays, scenes,
2. Private place within public knowledge acts or shows, whether live or in film, which
or view [U.S. v. Samaniego, G.R. No. are prescribed by virtue hereof, and shall
5115, (1909)]. include those which:
a. Glorify criminals or condone
Public Place v. Private Place [U.S. v. crimes;
Samaniego, supra)]
Page 174 of 305

b. Serve no other purpose but to persons as they actually lived [People v.
satisfy the market for violence, lust Kottinger, supra].
or pornography;
c. Offend any race or Religion; The reaction of the public during the
d. Tend to abet traffic in and use of performance of a dance by one who had
prohibited Drugs; and nothing to cover herself with, except nylon
e. Contrary to law, public order, patches over her breasts and too abbreviated
morals, and good customs, pair of nylon panties to interrupt her stark
established policies, lawful orders, nakedness should be made the gauge in the
decrees and edicts determination of whether the dance or
4. Those who shall Sell, give away or exhibit exhibition was indecent or immoral [People v.
films, prints, engravings, sculpture or Aparici, C.A. 52 O.G. 249 (1955)].
literature which are offensive to morals.
An actual exhibition of the sexual act can have
Distribution is the Act Punished no redeeming feature—no room for art.
Hence, the isolated, casual or occasional act of Therefore, it is a clear and unmitigated
giving such kind of literature to a single obscenity [People v. Padan, G.R. No. L-7295
recipient is not punishable [People v. (1957)].
Tempongko, 1 C.A. Rep. 317].
Miller Test of Obscenity: [From Miller v.
Definition of Terms California, 413 U.S. 15 (1973) – adopted in
1. Moral. Implies conformity with the Fernando v. CA, supra]
generally accepted standards of goodness 1. Whether the average person, applying
or rightness in conduct or character, contemporary standards, would find the
sometimes, specifically to sexual conduct work, taken as a whole, appeals to prurient
[Fernando v. CA, G.R. No. 159751 (2006)]. interest (excessive interest in sexual
2. Indecency. An act against good behavior matters);
and a just delicacy [U.S. v. Kottinger, 2. Whether the work depicts, in a patently
supra]. offensive way, sexual conduct specifically
3. Obscenity. Something offensive to defined by the applicable state law;
chastity, decency or delicacy [Id.] 3. Whether the work, taken as a whole, lacks
serious literary, artistic, political or scientific
The test of obscenity: value.
1. The test is objective.
2. It is more on the effect upon the viewer and Note: This is the prevailing law as recently held
not alone on the conduct of the performer. in Demata v. People [G.R. No. 228583,
3. If the material has the tendency to deprave (2021)].
and corrupt the mind of the viewer then the
same is obscene and where such Publicity is Essential to be Liable
obscenity is made publicly, criminal liability Mere possession of obscene materials, without
arises. intention to sell, exhibit, or give them away, is
4. As long as the pornographic matter or not punishable since the purpose of the law is
exhibition is made privately, there is no to prohibit the dissemination of obscene
crime committed under the Revised Penal materials to the public [Fernando v. CA,
Code because what is protected is the supra)].
morality of the public in general.
c. Article 202 – Vagrants and
Cases on Obscenity Prostitutes [REPEALED]
Postcards of Philippine inhabitants in native
attire were not considered obscene because Note: R.A. 10158 has decriminalized
the aggregate judgment of the community, and Vagrancy, thus all pending cases that were or
the moral sense of the people were not are under the provisions of Article 202 of the
shocked by those pictures. They were not RPC on Vagrancy prior to its amendment by
offensive to chastity but merely depicted
Page 175 of 305
this R.A. 10158 shall be dismissed upon “Public Officers” Includes Every Public
effectivity of the Act. [Sec. 2, R.A. 10158] Servant
The term “public officers” embraces every
Note also: R.A. 11862 – passed in 2022 – has public servant from the highest to lowest rank.
amended the Anti-Trafficking in Persons Act, The distinction between “officer” and
and declared Art. 202 to be “deemed “employee” for the purposes of the RPC is
repealed.” Sec. 26 of R.A. 10364 (2012) obliterated [Macalino v. Sandiganbayan, G.R.
repealed Art. 202. Nos. 140199-200 (2002)].
Prostitution [Art. 202(2), RPC] “Public Officer”
A woman is a prostitute when: includes elective and appointive officials and
1. She Habitually indulges in: employees, permanent or temporary:
a. Sexual intercourse, or 1. Career or non-career service, including
b. Lascivious conduct military and police personnel, whether
2. For Money or profit. compensated or not [Sec. 3(b), R.A.
6713].
The Following are NOT Acts of Prostitution: 2. Classified or unclassified or exempt
1. One sexual encounter for money does service receiving compensation, even
not make a woman a prostitute. The nominal, from the government. [Sec.
provision uses the qualifier “habitually”. 2(c), R.A. 3019].
2. Several intercourses with different men
does not make a woman a prostitute, if What are Considered “Official Duties”
there is no evidence that she indulged Those duties which are in one’s capacity to
in sexual intercourse for money or perform by reason of his office [Dacumos v.
profit. Sandiganbayan, G.R. No. 95000 (1991)].
Coverage of GOCCs
G. CRIMES COMMITTED BY GOCCs created by law are covered while
PUBLIC OFFICERS [ARTS. GOCCs registered with the SEC (including
sequestered companies) are not [Macalino v.
203-245] Sandiganbayan, G.R. Nos. 140199-200
(2002)].
1. Chapter 1: Preliminary
Provisions Based on RA 8249, presidents, directors,
trustees, and managers of all GOCCs,
a. Article 203 – Who Are Public regardless of type, are subject to the
jurisdiction of the Sandiganbayan when they
Officers
are involved in graft and corruption [People v.
Sandiganbayan, G.R. No. 167304 (2009)].
Elements [P-SEA-LEA]:
A public officer is one who:
1. Takes part in the Performance of public 2. Chapter 2: Malfeasance and
functions in the government; Misfeasance in Office
2. Performs in said government or in any
of its branches public duties as an
Malfeasance The performance of
Employee, Agent or Subordinate
official, of any rank or class; and (Direct Bribery and an act which ought
Indirect Bribery) not to be done.
3. His authority to take part in the
performance of public functions or to
Misfeasance (see Improper
perform public duties must be:
Arts. 204-207: acts performance of
a. By direct provision of the Law;
by a judge) some act which
b. By popular Election; or
might lawfully be
c. By Appointment by competent
done.
authority
Page 176 of 305

Test to Determine an Unjust Order or
Nonfeasance Omission of some
(Prosecution) act which ought to be Judgment
performed.
The test to determine whether an order or
judgment is unjust is that such may be inferred
SECTION 1. Dereliction of Duty from the circumstances that it is contrary to law
or is not supported by evidence [Louis Vuitton
a. Article 204 – Knowingly Rendering S.A. v. Judge Villanueva, A.M. No. MTJ-92-643
Unjust Judgment; and (1992)].
b. Article 205 – Judgment Rendered
Unjust v. Manifestly Unjust Judgment
Through Negligence
Elements Unjust Judgment Manifestly Unjust

Judgment
Knowingly Judgment
Rendering Unjust Rendered Through One which is One which is so
Judgment Negligence contrary to law or is manifestly contrary
[JSUK] [JSMN] not supported by the to law that even a
[Art. 204] [Art. 205] evidence, or both person having basic
knowledge of the law
1. Offender is a Judge A judgment is said to cannot doubt the
be unjust when it is injustice. Abuse of
2. He renders a judgment in a case
contrary to the discretion or mere
Submitted to him for decision
standards of conduct error of judgment is
3. Judgment is 3. Judgment is prescribed by law not punishable
Unjust Manifestly unjust [Louis Vuitton S.A. v. [Black’s Law
Judge Villanueva, Dictionary; Louis
4. Judge Knows that 4. It is due to his supra] Vuitton S.A. v. Judge
his judgment is inexcusable Villanueva, supra].
unjust Negligence or
ignorance Sources of Unjust Judgment [ERB]
1. Error,
As to Requirement of Bad Faith 2. Ill will or Revenge, or
3. Bribery.
Required. Not required
Accordingly, mere because it is based
Declaration that Decision/Order is Unjust
error which was on negligence or
committed in good ignorance. Before a criminal action against a judge for
violation of Articles 204 and 205 can be
faith is a proper
defense [Heirs of entertained, there must be a trial or
authoritative judicial declaration that his
Yasin v. Felix, A.M.
No. RTJ-94-1167 decision or order is really unjust which may
result from either an action of certiorari or
(1995)].
prohibition in a higher court [De Vera v. Pelayo,
G.R. No. 137354 (2000)].
Bad Faith in rendering an unjust decision
must still be proven Not Applicable to Collegiate Courts
Malice or bad faith on the part of the judge in The offense refers only to a judgment of an
rendering an unjust decision must still be individual judge in his court, and not to the
proved and failure on the part of the judgment rendered in a collegial court by the
complainant to prove the same warrants the members thereof [In Re: Wenceslao Laureta,
dismissal of the administrative complaint G.R. No. L-68635 (1987); In Re: Joaquin T.
[Alforte v. Santos, A.M. No. MTJ-94-914 Borromeo, A.M. No. 93-7-696-0 (1995)].
(1995)].
Page 177 of 305
Rationale: This is because collegiate courts
Mode 1: Refraining Mode 2: Tolerating
reach their collective judgment after due
from Instituting the Commission of
deliberation and consultation among the
Prosecution [PNM] Offenses [PTM]
members.
knowing the knowing that a crime
c. Article 206 – Unjust Interlocutory commission of the is about to be
Order crime, he does Not committed, he
cause the Tolerates its
Elements [J-KuMi]: prosecution of the commission
1. Offender is a Judge; and criminal
2. He performs any of the following acts:
a. Knowingly rendering an unjust 3. Malice and deliberate intent to favor the
interlocutory order or decree; or violator of the law
b. Rendering a Manifestly unjust
interlocutory order or decree Who are Public Officers
through inexcusable negligence or Officers of the prosecution department, whose
ignorance. duty is to institute criminal proceedings for
felonies upon being informed of their
d. Article 207 – Malicious Delay in the perpetration (e.g., city attorney, fiscal) [See
Administration of Justice Macalino v. Sandiganbayan, G.R. Nos.
140199-200 (2002)]; Sec. 3(b), R.A. 6713; Sec.
Elements [JP-DeM]: 2(c), R.A. 3019].
1. Offender is a Judge;
2. There is a Proceeding in his court; Who are Officers of the Law
3. He Delays in the administration of Those who, by reason of the position held by
justice; and them, are duty-bound to cause prosecution and
4. The delay is Malicious, that is, with punishment of offenders (e.g., chief of police,
deliberate intent to inflict damage on barrio captain) [Id.].
either party in the case.
Crime Must Be Proven
e. Article 208 – Prosecution of “Negligence” means neglect of duty by
Offenses; Negligence and Tolerance maliciously failing to move the prosecution and
punishment of the delinquent. The crime
Also known as Prevaricacion committed by the law violator must be proved
first [US v. Mendoza, G.R. No. 7540 (1912)].
Punishable Acts [RT]:
1. Maliciously Refraining from instituting Liability of Offender
prosecution against violators of the Liability is as a principal in dereliction of duty
law; or not merely an accessory to the crime. The
2. Maliciously Tolerating the commission article directly punishes dereliction of duty.
of offenses.
Liability of the public officer who, having the
Elements duty of prosecuting the offender, harbored,
concealed, or assisted in the escape of the
Mode 1: Refraining Mode 2: Tolerating latter, is that of a principal in the crime of
from Instituting the Commission of dereliction of duty in the prosecution of the
Prosecution [PNM] Offenses [PTM] offense.
1. Offender is a public officer or officer of Liability under PD 1829
the law who has a duty to cause the Penalizing obstruction of apprehension and
Prosecution of, or to prosecute, offenses; prosecution of criminal offenders - any
person who solicits, accepts, or agrees to
2. Dereliction of duty: 2. Dereliction of duty:
accepting any benefit in consideration of
Page 178 of 305
abstaining from, discounting, or impeding the attorney-client privilege only covers past
prosecution of a criminal offender is liable [Sec. crimes [People v. Sandiganbayan, supra].
1(g), P.D. 1829].
Revelation of any of the secrets of the client
f. Article 209 – Betrayal of Trust by an (Art. 209) cf. R.A. 3019 Sec. 3(k)
Attorney or a Solicitor – Revelation of Art. 209 R.A. 3019 Sec. 3 (k)
Secrets
Punishable Acts [DRO]: Punishable Act

1. Causing Damage to his client, either:
2. Revealing any of the secrets of his Revealing any of the Divulging valuable
client learned by him in his professional secrets of his client information of a
capacity; learned by him in his confidential character,
a. By any malicious breach of professional acquired by his office
professional duty; capacity or by him on account
b. By inexcusable negligence or of his official position
Ignorance. to unauthorized
3. Undertaking the defense of the persons, or releasing
Opposing party in the same case, such information in
without the consent of his first client, advance of its
a. After having undertaken the authorized release
defense of said first client, or date
b. After having received confidential
information from said client. Penalty
Requirement of Damage
Mode 1: Mode 2: Mode 3: Prision Correcional Imprisonment for not
Malicious Revealing Undertaking minimum OR a fine less than one year nor
Breach or of Secrets Defense of ranging from more than ten years
Inexcusable Opposing P40,000 to P200,000
Negligence Party OR both Perpetual
disqualification from
Required; Not Not public office
without required; required;
damage, at revelation in what is Confiscation or
most he will itself is punished is forfeiture in favor of
be punishable the taking of the Government of
administrative the case any prohibited interest
ly liable (e.g., without the and unexplained
suspension or consent of wealth manifestly out
disbarment his first client of proportion to his
under the salary and other lawful
CPR) income
SECTION 2. Bribery
Privileged Communication only covers Past g. Article 210 – Direct Bribery

Crimes
A distinction must be made between Punishable Acts [CER]:
confidential communications relating to past 1. Agreeing to perform/performing, in
crimes already committed, and future crimes consideration of any offer, promise,
intended to be committed by the client. The gift, or present – an act constituting a
Page 179 of 305
Crime in connection with the
Mode 1: Mode 2: Mode 3:
performance of his official duty
Agreeing to Execution Agreeing to
2. Accepting a gift in consideration of the
commit/ of an Act refrain/refrai
Execution of an act which does not
committing that is ning from
constitute a crime, in connection with
a Crime unjust but doing his
the performance of his official duty
[PACD] is not a duty [PARD]
3. Agreeing to Refrain/refraining from
crime
doing something in his official duty in
[PAUD]
consideration of a gift or promise.
Crime constitute a which it is his
Mode 1: Mode 2: Mode 3: crime, but official
Agreeing to Execution Agreeing to the act must duty to do
commit/ of an Act refrain/refrai be Unjust
committing that is ning from
a Crime unjust but doing his If the act
[PACD] is not a duty [PARD] required of
crime the public
[PAUD] officer
amounts to a
1. Offender is a Public officer under Article crime and he
203 commits it,
he shall be
2. Accepts 2. Accepts a 2. Accepts liable for the
an offer or a Gift or an offer or a penalty
promise or present by promise or correspondin
receives a himself or receives a g to the
gift or through gift or crime.
present by another present by
himself or himself or 4. The act which offender agrees to perform
through The GIFT through or which he executes be connected with the
another must have a another performance of his official Duties
value or be
capable of As to Acceptance of Gift
pecuniary
estimation. It Not required; Required; Not required;
could be in acceptance the gift must acceptance
the form of of offer is have a value of offer is
money, sufficient. or must be sufficient.
property or capable of
services. It pecuniary
cannot estimation. It
consist of a cannot
mere offer or consist of a
promise of a mere offer or
gift. promise of a
gift.
3. In 3. In 3. In
consideratio consideratio consideratio No Stage of Frustrated Bribery
n of which, n of which, n of which, If one party does not concur, then there is no
he agrees to he agrees to he agrees to agreement and not all the acts necessary to
perform an execute an Refrain from commit the crime were present. [Art. 210,
act act which doing Revised Penal Code; Regalado]
constituting a does not something
Page 180 of 305

Temporary Performance of Public 2. Solicited by the public officer and
Functions voluntarily delivered by the private
Temporary performance of public functions is person; or
sufficient to constitute a person a public officer 3. Solicited by the public officer but the
for purposes of bribery [Maniego v. People, private person delivers it out of fear of
G.R. No. L-2971 (1951)]. the consequences should the public
officer perform his functions (here the
Bribery exists when the gift is: crime by the giver does not fall under
1. Voluntarily offered by a private person; corruption of public officials due to the
involuntariness of the act) [People v.
Sope, G.R. No. L-16 (1946)].
Direct Bribery v. R.A. 3019 (Anti-Graft and Corrupt Practices Act) Sec. 3(b) v. Indirect Bribery
v. Qualified Bribery [Merencillo v. People, G.R. No. 142369-70 (2007)]
Direct Bribery Sec 3(b) R.A. 3019 Indirect Bribery Qualified Bribery
[Art. 210, RPC] [Art. 211, RPC] [Art. 211-A, RPC]
As to Promise or Gift
Acceptance of a Mere request or The gift must be The refusal to arrest or

promise or offer or demand of a gift, accepted by the public prosecute an offender
receipt of a gift or present, share, officer. The must be in
present is required percentage or benefit acceptance of a mere consideration of any
is enough promise or offer of offer, promise, gift, or
such gift does not present
make a public officer
liable under Art. 211
As to Scope
Wider and more Limited to contracts or Simply offered by The public officer
general scope: transactions involving reason of his office and entrusted with law
a. Performance of an monetary not for the performance enforcement refrains
act constituting a consideration where of a specific act from arresting or
crime; the public officer prosecuting an
b. Execution of an has the authority to offender who has
unjust act which does intervene under the law committed a crime
not constitute a crime; punishable by
and reclusion perpetua
c. Agreeing to refrain or and/or death
refraining from doing
an act which is his
official duty to do
h. Article 211 – Indirect Bribery

Direct Bribery Indirect Bribery
Elements [PuGO]: [Art 210, RPC] [Art 211]
1. Offender is a Public officer;
2. He accepts Gifts; and As to Requirement of Acceptance of Gift
3. Gifts are offered to him by reason of his
Office. Mere acceptance of The gift must be
the promise or offer accepted by the
Direct Bribery v. Indirect Bribery
Page 181 of 305
Mere Physical Receipt is Insufficient
Direct Bribery Indirect Bribery
There must be clear intention on the part of the
[Art 210, RPC] [Art 211]
public officer to take the gift offered and
of such gift public officer. The consider the property as his own for that
consummates the acceptance of a moment. Mere physical receipt
crime (first and third mere promise or unaccompanied by any other sign,
modes). offer of such gift circumstance or act to show such acceptance
does not make a is not sufficient. [Formilleza v. Sandiganbayan,
Acceptance of the public officer liable G.R. No. 75160 (1988)]
gift is only necessary under Art. 211.
for the second mode. i. Article 211-A – Qualified Bribery
Reason for the Gifts/Promise/Offer Elements [LAC]:

1. Offender is a public officer entrusted
In consideration of By reason of his with Law enforcement;
the agreement of the office and not for the 2. He refrains from Arresting or
officer to performance of a prosecuting an offender who has
perform or refrain specific act. committed a crime punishable by
from doing an act or reclusion perpetua and/or death; and
the commission of a 3. Offender refrains from arresting or
crime. prosecuting in Consideration of any
offer, promise, gift, or present.
“Gift" refers to a thing or a right to dispose of
gratuitously, or any act or liberality, in favor of Effect if Penalty Imposable is Lower than
another who accepts it, and shall include a Reclusion Perpetua or Death
simulated sale or an ostensibly onerous If the penalty imposed is lower than reclusion
perpetua and/or death, the crime is direct
disposition thereof. It shall not include an
unsolicited gift of nominal or insignificant value bribery and dereliction of duty [Art. 210, RPC].
not given in anticipation of, or in exchange for,
a favor from a public official or employee [Sec. Absorption
The dereliction of the duty punished under
3(c), R.A. 6713].
Article 208 of the RPC is absorbed in Qualified
Bribery.
“Receiving any gift" includes the act of
accepting directly or indirectly a gift from a
Guilt of Offender is a Prejudicial Question
person other than a member of the public
officer's immediate family, in behalf of himself The guilt of the offender is a prejudicial
question to the liability of the officer for qualified
or of any member of his family or relative within
the fourth civil degree, either by consanguinity bribery [US v. Mendoza, G.R. No. 7540
(1912)].
or affinity, even on the occasion of a family
celebration or national festivity like Christmas,
if the value of the gift is under the Qualifying Circumstance
circumstances manifestly excessive [Section If it is the public officer who demands or asks
2(c), R.A. 3019]. for such gift, the penalty is death [Art. 211-A,
RPC].
No Frustrated or Attempted Stages
Always in the consummated stage, because it j. Article 212 – Corruption of Public
is committed by accepting gifts offered to an Officials
official by reason of his office. If the gift is
rejected, there is no bribery. If the gift is Elements [OB]:
accepted, there is bribery. 1. Offender makes Offers or promises or
gives gifts or presents to a public
officer; and
Page 182 of 305

2. Offers or promises are made or the
Art. 212 R.A. 3019 Sec. 3(a)
gifts or presents given to a public
officer, under circumstances that will
make the public officer liable for direct or influenced to
Bribery or indirect bribery. commit such
violation or offense.
Person Offering (Offeror) is Punished
The offender is the giver of the gift or the offeror Penalty
of the promise. This applies even if the gift was
demanded by the public officer.
The same penalties Imprisonment for not
Note: Under R.A. 3019, the person giving a gift, imposed upon the less than one year
present, etc, under Sec. 3 shall also be officer corrupted nor more than ten
penalized in the same manner as the offender- years
public officer and prohibited from transacting
business in any form with the government. Perpetual
disqualification from
Corruption of Public Officials v. Bribery public office
Corruption of Bribery Confiscation or

Public Officials forfeiture in favor of
the Government of
As to the Offender
any prohibited
interest and
The offender is the The offender is the
unexplained wealth
giver of gifts or public officer who
manifestly out of
offeror of promise accepts such offers
proportion to his
or gifts (See: Arts.
salary and other
210 to 211-A)
lawful income
Corruption of Public Officials cf. R.A. 3019

No Frustrated Stage
(Anti-Graft and Corrupt Practices Act), Sec.
There is no frustrated corruption or bribery
3 (a)
because both crimes require the concurrence
Art. 212 R.A. 3019 Sec. 3(a) of the will of the corruptor and public officer [Art.
212, RPC].
Punishable Act Forfeiture of Property in Favor of the State

[R.A. 1379]
The offender makes Persuading, inducing Whenever any public officer or employee has
offers, promises, or or influencing acquired during his incumbency an amount of
gives gifts/presents another public officer property which is manifestly out of proportion to
to a public officer to perform an act his salary as such public officer or employee
under circumstances constituting a and to his other lawful income and the income
that will make the violation of rules and from legitimately acquired property, said
public officer liable regulations duly property shall be presumed prima facie to have
for direct bribery or promulgated by been unlawfully acquired. If the respondent is
indirect bribery competent authority unable to show to the satisfaction of the court
or an offense in that he has lawfully acquired the property in
connection with the question, then the court shall declare such
official duties of the property, forfeited in favor of the State.
latter, or allowing
himself to be
persuaded, induced,
Page 183 of 305
The following shall be exempt from the collection of taxes, licenses, fees
prosecution or punishment for the offense and other imposts
with reference to which his information and
testimony was given: Elements of Fraud against Public Treasury
1. Any person who voluntarily gives (par.1) [POED]:
information about any violation of 1. Offender is a Public officer
a. Articles 210, 211, and 212 of the 2. He took advantage of his public office;
RPC; he intervened in the transaction in his
b. R.A. 3019, as amended; Official capacity
c. Section 345 of the Internal 3. He Entered into an agreement with any
Revenue Code and Section 3604 interested party or speculator or made
of the Tariff and Customs Code use of any other scheme with regard to:
and other provisions of the said a. Furnishing supplies
Codes penalizing abuse or b. The making of contracts or
dishonesty on the part of the public c. Adjustment or settlement of
officials concerned; accounts relating to public
d. Other laws, rules and regulations property or funds
punishing acts of graft, corruption 4. Accused had intent to Defraud the
and other forms of official abuse; Government
2. Any person who willingly testifies
against any public official or employee Art. 213, par. 1 cf. R.A. 3019 (Anti-Graft and
for such violation (Section 1, P.D. 749). Corrupt Practices Act) Sec. 3(g)
Art. 213, par. 1 RA 3019 Sec. 3 (g)
3. Chapter 3: Frauds and Illegal
Exactions and Transactions Punishable Act
Entering into an Entering, on behalf of

a. Article 213 – Fraud Against the agreement with any the Government, into
Public Treasury and Similar Offenses interested party or any contract or
speculator or making transaction
Punishable Acts: [EnD-ReC] use of any other manifestly and
1. Entering into an agreement with any scheme, to defraud grossly
interested party or speculator or the government, in disadvantageous to
making use of any other scheme, to dealing with any the same, whether or
defraud the government, in dealing person with regard to not the public officer
with any person with regard to furnishing supplies, profited or will profit
furnishing supplies, the making of the making of thereby
contracts, or the adjustment or contracts, or the
settlement of accounts relating to adjustment or
public property or funds; settlement of
2. Demanding, directly or indirectly, the accounts relating to
payment of sums different from or public property or
larger than those authorized by law, in funds
collection of taxes, licenses, fees, and
other imposts; Penalty
3. Failing voluntarily to issue a Receipt,
as provided by law, for any sum of Prision correcional Imprisonment for not
money collected by him officially, in the medium to prison less than one year
collection of taxes, licenses, fees and mayor minimum OR nor more than ten
other imposts; a fine ranging from years
4. Collecting or receiving, directly or P40,000 to
indirectly, by way of payment or P2,000,000 OR both Perpetual
otherwise, things or objects of a nature disqualification from
different from that provided by law, in
Page 184 of 305
Receipt must be an Official Receipt
Art. 213, par. 1 RA 3019 Sec. 3 (g)
The act of receiving payment due the
public office government without issuing a receipt will give
rise to illegal exaction even though a
Confiscation or provisional receipt has been issued. What the
forfeiture in favor of law requires is a receipt in the form prescribed
the Government of by law, which means official receipt.
any prohibited
interest and When Estafa instead of Illegal Exaction
unexplained wealth When, by means of deceit, the public officer
manifestly out of demanded or collected a greater fee than those
proportion to his prescribed by law, the crime committed is
salary and other estafa and not illegal exaction [U.S. v. Lopez,
lawful income G.R. No. L-3968 (1908)].
b. Article 214 – Other Frauds

Not necessary for Government to Actually
be Defrauded Elements [PACo]:
It is consummated by merely entering into 1. Offender is a Public officer;
agreement or by merely making use of other 2. He takes Advantage of his official
schemes to defraud the government. position; and
3. He Commits any of the frauds or
Elements of Illegal Exactions (par. 2-4) deceits enumerated in Article 315 to
[CDRC]: 318 (estafa, other forms of swindling,
1. Offender is a public officer entrusted swindling a minor, other deceits).
with the Collection of taxes, licenses,
fees and other imposts; Penalty of Special Disqualification
2. He is guilty of the following acts or Additional penalty of temporary special
omissions: disqualification in its maximum period to
a. Demanding directly or indirectly, perpetual special disqualification, apart from
payment of sums different from or the penalties imposed in Arts 315-318.
larger than those by law;
b. Failing voluntarily to issue a
c. Art. 215 – Prohibited Transactions
Receipt as provided by law, for any
sum of money collected by him
Elements [AIIJ]:
officially; or
1. Offender is an Appointive public officer;
c. Collecting or receiving, directly or
2. He becomes Interested, directly or
indirectly, by way of payment or
indirectly, in any transaction of
otherwise, things or object of a
exchange or speculation;
nature different from that provided
3. He becomes interested during his
by law
Incumbency; and
4. Transaction takes place within the
Persons Liable
territory subject to his Jurisdiction.
General Rule: Only specific public officers are
liable and this can only be committed
Example of Transactions of Exchange or
principally by a public officer whose official duty
Speculation
is to collect taxes, license fees, import duties
Buying and selling stocks, commodities, land,
and other dues payable to the government.
etc. wherein one hopes to take advantage of an
expected rise or fall in price. Although
Exception: BIR and Customs employees are
purchasing of stocks or shares in a company is
not covered by the article. The NIRC or the
a simple investment and not a violation of the
Revised Administrative Code is the applicable
article, regularly buying securities for resale is
law.
speculation.
Page 185 of 305

d. Article 216 – Possession of 2. He had the Custody or control of funds
Prohibited Interest by a Public Officer or property by reason of the duties of
his office;
Persons liable [PEG]: 3. He was accountable for Public funds or
1. Public officer who, directly or indirectly, property; and
became interested in any contract or 4. He Appropriated, took,
business in which it was his official duty misappropriated or consented or,
to intervene; through abandonment or negligence,
2. Experts, arbitrators, and private permitted another person to take them.
accountants who, in like manner, took
part in any contract or transaction Note: Malversation is also called
connected with the estate or property in embezzlement. Note the word “embezzled” in
the appraisal, distribution or the phrase “or equal to the total value of the
adjudication of which they had acted; property embezzled” in the penultimate
and paragraph of Article 217.
3. Guardians and executors with respect
to the property belonging to their wards Appropriation
or the estate. Appropriation involves every attempt to
dispose of public funds or property without a
Fraud is Not Necessary right to do so [Tabuena v. Sandiganbayan,
The act is punished because of the possibility G.R. Nos. 103501-03 (1997)].
that fraud may be committed or that the Can be Committed with Malice or Through
offender will place his own interest above the Negligence or Imprudence.
Government or the party he represents [U.S. v. ● Negligence. Omission of reasonable
Udarbe, G.R. No. 9945 (1914)]. care and caution which an ordinary
prudent person would have used in the
Intervention by Virtue of Public Office same situation. The measure of
Intervention must be by virtue of the public negligence is the standard of care
office held. The contracts the official intervenes commensurate with the occasion
in must have a connection with his office. [Leano v. Domingo, G.R. No. 84378
(1998)].
● Good Faith as a Defense. For
4. Chapter 4: Malversation of malversation not committed through
Public Funds or Property negligence, good faith is a defense as
it negates criminal intent [Quizo v.
a. Article 217 – Malversation of Public Sandiganbayan, G.R. No. 77120
Funds or Property - Presumption of (1987)].
Malversation
Persons Liable
Modes [AT-PeM]: General Rule: Offender is a Public Officer
1. Appropriating public funds or property;
2. Taking or misappropriating the same; Accountable Office - The nature of the duties of
3. Consenting, or through abandonment the public officer, not the name of the office, is
or negligence, Permitting any other controlling. Thus, a clerk who receives money
person to take such public funds or or property belonging to the government, in the
property; and course of his employment, for which he is
4. Being otherwise guilty of the bound to account, may be liable under Article
Misappropriation or malversation of 217 [Rueda v. Sandiganbayan, G.R. No.
such funds or property 129064 (2000)].
Elements Common to All Modes [PCPA]: Exception: Private persons may also
1. Offender is a Public officer; commit malversation. Such as when a
private person: [CoA-CuD]
Page 186 of 305

1. Acts in Conspiracy with a public officer Demand and Damage Are Not Necessary
in committing malversation; Elements of Malversation
2. Has become an Accomplice or Demand as well as damage to the government
accessory to a public officer who are not necessary elements. Demand merely
commits malversation; raises a prima facie presumption that missing
3. Is made the Custodian in whatever funds have been put to personal use. Damage
capacity of public funds or property, to the government is immaterial because the
whether belonging to national or local penalty is based on the amount involved
government, and he misappropriates [Morong Water District v. Office of the Deputy
the same [Article 222, RPC]; or Ombudsman, G.R. No. 116754 (2000)].
4. Is constituted as the Depositary or
administrator of funds or property Direct Evidence Not Required for
seized or attached by public authority Conviction
even though said funds or property An accountable public officer may be convicted
belong to a private individual [Article even in the absence of direct evidence, where
222, RPC]. he has not been able to satisfactorily explain
the absence of the public funds [Estepa v.
Sheriffs and receivers are included. Sandiganbayan, G.R. No. 59670 (1990)].
They fall under the term “administrator” [See
Azarcon v. Sandiganbayan, G.R. No. 116033, Restitution
Feb. 26, 1997]. Returning the malversed funds is not
Judicial Administrator Not Covered exempting, it is only mitigating [Perez v.
A judicial administrator in charge of settling the People, G.R. No. 164763 (2008)].
estate of the deceased is not covered by the
article. Conversion of effects in his trust makes When Crime is Estafa instead of
him liable for estafa [See Azarcon v. Malversation
Sandiganbayan, supra]. The funds or property must be received in an
official capacity, in which case, the crime is
Private Property Covered malversation. Otherwise, the crime committed
Private property is included, provided it is: is estafa [U.S. v. Solis, G.R. No. L-2828
1. Attached; (1906)].
2. Seized; or
3. Deposited by public authority. [ People Malversation v. Estafa
v. De la Serna, C.A. 40 O.G. Supp. 12,
Malversation Estafa
159]
[Art. 217] [Art. 315]
Presumption of Misappropriation Nature of Funds
When a demand is made upon an accountable
officer and he cannot produce the fund or Public Private
property involved, there is a prima facie
presumption that he had converted the same to As to the Offender
his own use [Art. 217, Revised Penal Code;
See People v. Wa-Acon, G.R. No. 164575 Offender is usually a Offender is a private
(2006)]. public officer who is individual or even a
accountable for the public officer who is
When Presumption of Misappropriation will public funds/ not accountable for
not Arise property public funds/
The presumption will not arise if there is an property
issue as to the accuracy of the audit findings,
and if the fact that the funds are missing was Means of Commission
not indubitably established [Dumagat v.
Sandiganbayan, G.R. No. 96915 (1992), Crime is committed Crime is committed
quoting Tinga v. People, G.R. No. L-57650 by appropriating, by misappropriating,
(1988)].
Page 187 of 305
4. He is Required by law or regulation to
Malversation Estafa
render account to the Commission on
[Art. 217] [Art. 315]
Audit, or to a provincial auditor; and
taking, or converting, or 5. He fails to do so for a period of Two
misappropriating/ denying having months after such accounts should be
consenting or received money, rendered.
through goods or other
abandonment or personal property Demand and Misappropriation Not
negligence, Necessary
permitting any other It is sufficient that a public officer fails to render
person to take the account for a period of time, when it is required
public by a law or regulation [Lumauig v. People, G.R.
funds/property No. 166680 (2014)].
Need for Damage c. Article 219 – Failure of a

Responsible Public Officer to Render
Not required Required Accounts Before Leaving the Country
Necessity of Prior Demand
Elements [PAU]:
Not necessary Required 2. He is an Accountable officer for public
funds or property; and
3. He Unlawfully leaves or attempts to
Malversation, Estafa, and Qualified Theft of
leave the Philippine Islands without
Public Funds/Property
securing a certificate from the
Malversatio Estafa Qualified Commission on Audit showing that his
n [Art. 217] [Art. 315] Theft accounts have been finally settled.
[Art. 310]
Leaving must be Unlawful
As to Offender The act of leaving the country must be
unauthorized or not permitted by law [Art. 219,
Accountable Offender who Offender RPC].
public officer is not who has
accountable mere
d. Article 220 – Illegal Use of Public
and has physical
acquired possession Funds or Property
juridical and took the
possession property with Also known as Technical Malversation
thereof and abuse of
took it with confidence Elements [P-PAO]:
abuse of 1. Offender is a Public officer;
confidence or 2. There are Public funds or property
deceit under his administration;
3. Such fund or property were
Appropriated by law or ordinance;
b. Article 218 – Failure of Accountable 4. He applies such public fund or property
Officer to Render Accounts to any public use Other than for which
it was appropriated for.
Elements [PART]:
1. Offender is Public officer, whether in Technical Malversation
2. the service or separated therefrom by Illegal use of public funds or property is also
resignation or any other cause; known as technical malversation. The term
3. He is an Accountable officer for public technical malversation is used because in this
funds or property; crime, the fund or property involved is already
Page 188 of 305
appropriated or earmarked for a certain public competent authority to deliver any
purpose. Despite the public purpose, the act is property in his custody or under his
punished because it remains a violation of the administration
appropriations law [Parungao v.
Sandiganbayan, et al., G.R. No. 96025 (1991)]. Elements:
Mode 1: Failing to Mode 2: Refusing
Malversation v. Technical Malversation
Make Payment to make delivery
Malversation (Art. Technical [PPM] [PDM]
217) Malversation (Art.
220) 1. Public officer has government funds in
his possession
Nature of Funds
2. Obligation to make 2. Obligation to
Public Funds Payment from such Deliver any property
funds in his custody or
As to the Offender under his
administration
Accountable Public Officers
3. Maliciously fails to perform the obligation
Appropriation of Funds
No such requirement Must be

Basis of Penalty
appropriated by Law
● Failure to make payment: fine shall be
or Ordinance
5 to 25% of the amount he fails to pay
What is Done with the Funds ● Refusal to make delivery [Art.
221(1)(2), RPC].
Applied to personal Applied to public use
use and benefit of other than what it e. Article 222 - Officers Included in the
the offender or was appropriated for Preceding Provisions
another person
Note: This article provides that private
Good faith as a Defense individuals may also be held liable for the
crimes under Art 217 to 221.
For malversation not Good faith is not a
committed through defense. Technical Officers Include:
negligence, good malversation is 1. Private individuals who, in any
faith is a defense as malum prohibitum capacity, have charge of any national,
it negates criminal [Ysidoro v. People, provincial or municipal funds, revenue,
intent [Quizo v. 685 SCRA 637]. or property
Sandiganbayan, 2. Administrator or depositary of funds
G.R. No. 77120 or property that has been attached,
(1987)]. seized or deposited by public
authority, even if owned by a private
d. Article 221 - Failure to Make individual
Delivery of Public Funds or Property See: Art. 217 for extensive discussion
Punishable Acts [FaR]:
1. Failing to make payment by a public
officer who is under the obligation to
make such payment from Government
funds in his possession
2. Refusing to make delivery by a public
officer who has been ordered by
Page 189 of 305
5. Chapter 5: Infidelity of Public Consenting to Evasion [Art. 223] v.
Delivering Prisoners from Jail
Officers
Consenting to Delivering
Evasion Prisoners from Jail
SECTION 1. Infidelity in the Custody of [Art. 223] [Art. 156]
Prisoners
As to Who may Commit
a. Article 223 – Conniving With or
By a public officer By an outsider or by
Consenting to Evasion
having the legal a public officer who
charge or custody of does NOT have the
Elements [P-CEC]:
a prisoner. official charge or
custody of the
2. He had in his Custody or charge a
prisoner.
prisoner, either detention prisoner or
prisoner by final judgment; As to the Manner of Commission
3. Such prisoner Escaped from his
custody; By conniving or By removing from jail
4. He was in Connivance with the consenting to the a prisoner confined
prisoner in the latter’s escape (“shall escape of a prisoner. therein or helping in
consent to the escape”) the escape of such
prisoner.
Classes of Prisoners Involved [FD]
1. Those sentenced by Final judgment; [AMURAO]
and
2. Detention prisoners who are b. Article 224 – Evasion through
temporarily held in legal custody Negligence
What is Not Considered as Infidelity in Elements [P-CoN]:

Custody 1. Offender is a Public officer;
Leniency, laxity, and release of a detention 2. He is charged with the Conveyance or
prisoner who could not be delivered to judicial custody of a detention prisoner or
authorities within the time fixed by law is not prisoner by final judgment;
infidelity in the custody of a prisoner [People v. 3. Such prisoner escapes through
Lancanan, G.R. No. L-6805 (1954)]. Negligence
Actual Evasion Even Without Actual Deliberate Non-performance of Duty

Escape This covers only positive carelessness and
There is real actual evasion of service of a definite laxity which amounts to deliberate
sentence when the custodian permits the nonperformance of duties. [Rodillas v.
prisoner to obtain a relaxation in his Sandiganbayan, G.R. No. L-58652 (1988)]
imprisonment and to escape the punishment of
being deprived of his liberty, thus making the Recapture does not lead to exculpation
penalty ineffectual, although the convict may The fact that the public officer recaptured the
not have fled. This includes allowing prisoners prisoner who had escaped from his custody
to sleep and eat in the officer’s house or utilize does not afford complete exculpation. [People
the prisoner’s services for domestic chores [US v. Quisel, C.A., 52 O.G. 6975]
v. Bandino, G.R. No. 9964 (1915)].
Liability of Escaping Prisoner:
● If he is a prisoner by final judgment

- liable for evasion of service (Art. 157)
● If he is a detention prisoner - he does
not incur criminal liability [Art. 224]
Page 190 of 305
c. Article 225 – Escape of Prisoner 4. Damage, whether serious or not, to a
under the Custody of a Person Not a third party or to the public interest has
Public Officer been caused.
Elements [PCE-CN]: Note: Damage in this article may consist in

mere alarm to the public or in the alienation of
1. Offender is a Private person;
its confidence in any branch of the government
2. Conveyance or custody of a prisoner or
person under arrest is confided to him; service.
Offender Must be Officially Entrusted with
3. Prisoner or person under arrest
Escapes; and the Documents
Can only be committed by the public officer
4. Offender Consents to the escape, or
that the escape takes place through his who is made the custodian of the document in
his official capacity.
Negligence.
Removal Must be for Illicit Purpose
Not Applicable if Private Person made the
Arrest If the act of removal is done with lawful motives
such as to save the documents from imminent
Art. 225 is not applicable if a private person
was the one who made the arrest and he danger of loss or destruction, there would be
no crime committed. However, illicit motive is
consented to the escape of the person he
arrested. [REYES, Book 2] not required if the mode is concealment or
destruction [Manzanaris v. People, G.R. No. L-
Consenting to Evasion [Art. 225] v. 64750 (1984)].
Delivering Prisoners from Jail
Damage Caused
Consenting to Delivering Damage in this article may consist in mere
Evasion Prisoners from Jail alarm to the public or in the alienation of its
[Art. 225] [Art. 156] confidence in any branch of the government
service [Kataniag v. People, G.R. No.48398
As to who may Commit (1984)].
By a Private Person By an outsider or by Documents
who acts as a a public officer who 1. Documents must be complete and one
custodian of the does NOT have the by which a right could be established or an
Prisoner. official charge or obligation could be extinguished. If the
custody of the writings are mere forms, there is no crime
prisoner. [People v. Camacho, G.R. No.18688
(1923)].
SECTION 2. Infidelity in the Custody 2. A book is not a document. A document
Of Documents is a written instrument by which something
is proven or made of record [People v.
Agnis, G.R. No. L-19676 (1923)].
d. Article 226 – Removal,
3. “Papers” - includes checks, promissory
Concealment, or Destruction of notes, and paper money [Webster’s
Documents Dictionary].
Elements [P-ReDeCo-ED]: Consummated upon Removal

1. Offender is a Public officer; Removal is consummated upon taking or
2. He Removes, Destroys or Conceals a secreting away of the document from its usual
document or papers; place. It is immaterial whether or not the illicit
3. Said document or papers should have purpose of the offender has been
been Entrusted to such public officer by accomplished [Kataniag v. People, supra].
reason of his office;
Page 191 of 305

Delivery of Documents to Wrong Person f. Article 228 – Opening of Closed
Delivering documents to the wrong party is Documents
infidelity in the custody thereof. This could
cover failure on the part of the post office to Elements [PCON]:
forward the letters to their destination [People 1. Offender is a Public officer;
v. Irineo, C.A., 53 O.G. 2827]. 2. Any Closed papers, documents, or
objects are entrusted to his custody;
Removal, 3. He Opens or permits to be opened said
Revelation Of closed papers, documents or objects;
Concealment or
Secrets By An 4. He does Not have proper authority.
Destruction of
Officer
Documents
[Art. 229] Act should not be under Art 227
[Art. 226]
If the public officer had to break a seal to open
The papers contain The papers do not the closed document, he is liable under Art 227.
secrets and contain secrets but
therefore should not their removal is for g. Article 229 – Revelation of Secrets
be published, and an illicit purpose. by an Officer
the public officer
having charge Punishable Acts [ReD]:
thereof removes and 1. Revealing any secrets known to the
delivers them offending public officer by reason of his
wrongfully to a third official capacity
person. 2. Wrongfully Delivering papers or copies
of papers of which he has charge and
e. Article 227 – Officer Breaking Seal which should not be published
Elements [P-CSB]: Elements

1. Offender is a Public officer; Mode 1: Revelation Mode 2: Wrongful
2. He is charged with the Custody of of Secrets [P-SRD] delivery of papers
papers or property; [P-PWD]
3. These papers or property are Sealed
by proper authority; 1.Offender is a Public officer
4. He Breaks the seal or permits them to
be broken.
2. He knows of a 2. He has charge of
Secret by reason of Papers which should
In "breaking of seal", the word "breaking" his official capacity not be published
should not be given a literal meaning. The
custodian is liable even if the seal was not Secrets must affect Custody Required
actually broken because the custodian public interest. If “Charge” - means
managed to open the parcel without breaking the secret revealed custody or control. If
the seal. does not involve he is merely
public interest, no entrusted with the
Damage/Intent to Cause Damage Not crime is committed. papers and not with
Necessary Secrets of private the custody thereof,
Where documents are sealed by competent individuals are not he is not liable under
authorities, it is evident that the purpose included. this article.
thereof is to ensure their preservation. It is
sufficient that the seal is broken, even if the 3. He Reveals such 3. He Wrongfully
contents are not tampered with. secret without delivers those
authority or papers or copies
justifiable reasons thereof to a third
person
Page 192 of 305

Mode 1: Revelation Mode 2: Wrongful Revelation of Public Officer

of Secrets [P-SRD] delivery of papers Secrets by an Revealing Secrets
[P-PWD] Officer of a Private
[Art. 229] Individual
4. There is Damage to public interest [Art. 230]
Nature of the Secret

a. Revelation of Secrets v. Infidelity
in the Custody of Documents Secret involves Secret involves a
public interest private individual
Revelation of Infidelity in
Secrets by an Custody of Necessity for Damage
Officer (Art 229) Documents/Papers
Damage to public Damage to public
by Removing the
interest is essential interest is essential
Same (Art. 226)
Content of the Papers Divulging valuable information of a confidential

character, acquired by his office or by him on
Papers contain Papers do not account of his official position to unauthorized
secrets/papers contain secrets. persons, or releasing such information in
which should not be advance of its authorized release date [Section
published. 3(k), R.A. No. 3019 (Anti-Graft and Corrupt
Practices Act)].
Damage Involved
Damage is to public Damage is to public 6. Chapter 6: Other Offenses or

interest interest or third Irregularities by Public Officers
persons
SECTION 1. Disobedience, Refusal of
h. Article 230 – Public Officers Assistance, and Maltreatment Of
Revealing Secrets of Private Prisoners
Individuals
a. Article 231 – Open Disobedience
Elements [PSR]:
1. Offender is a Public officer; Elements [Je-JWR]:
2. He knows of the Secrets of a private 1. Officer is a Judicial or executive officer;
individual by reason of his office; 2. There is a Judgment, decision or order
3. He Reveals such secrets without of a superior authority;
authority or justifiable reason. 3. Such judgment, decision or order was
made Within the scope of the
Damage to a private individual is not jurisdiction of the superior authority and
necessary. issued with all the legal formalities;
4. He openly Refuses to execute the said
When the Offender is a Lawyer judgment, decision or order, which he
When the offender is a public attorney or a is duty bound to obey without any legal
solicitor, the act of revealing the secret should justification.
not be covered by Art. 209 (Betrayal of Trust).
b. Article 232 – Disobedience to the
Revelation of Secrets by an Officer v. Public Order of Superior Officer When Said
Officer Revealing Secrets of Private
Order Was Suspended by Inferior
Individual
Officer
Page 193 of 305

Elements [PES-DiDi]:
Elements [PCM]:
1. Offender is a Public officer; 1. Offender is a Public officer or
2. An order is issued by his superior for employee;
Execution; 2. He has under his Charge a prisoner or
3. He Suspended the execution of such detention prisoner;
order; 3. He Maltreats such prisoner by
4. His superior Disapproves the overdoing himself in the correction or
suspension of the execution of the handling of a prisoner or detention
order; and prisoner under his charge by:
5. Offender Disobeys his superior despite a. Imposition of punishment not
the disapproval of the suspension. authorized by the regulations;
b. Inflicting such punishments
This does not apply if the order of the superior (those authorized) in a cruel
is illegal [Art 11(6), RPC]. and humiliating manner.
c. Maltreating such prisoners to
c. Article 233 – Refusal of Assistance extort a confession or to obtain
some information from the
Elements [P-CoM]: prisoner.
2. A competent authority demands from Offender Must Have Direct Custody
the offender that he lend his This is committed only by such public officer
Cooperation towards the charged with direct custody of the prisoner
administration of justice or other public [Punzalan v. People, G.R. No. L-8820 (1956)].
service;
3. Offender Maliciously fails to do so If the public officer is not the custodian of the
prisoner and he manhandles the latter - crime
Official Duty of Public Officer is physical injuries [People v. Baring, C.A., 37
To be liable, the public officer must have the O.G. 1366].
obligation, by reason of his office, to render
assistance in the administration of justice or Cannot be Complexed with other Crimes
other public service. Maltreatment of prisoners cannot be
complexed with homicide, physical injuries, or
d. Article 234 – Refusal to Discharge other crimes as the article says “in addition to
Elective Office his liability for the physical injuries or damage
caused…”
Elements [ERL]:
Qualifying Circumstance
1. Offender is elected by popular Election
to a public office; If the maltreatment was done in order to extort
2. He Refuses to be sworn in or to confession, the penalty is qualified to the next
higher degree.
discharge the duties of said office;
3. There is no Legal motive for such
Torture
refusal to be sworn in or to discharge
the duties of said office. If the acts of maltreatment constitute torture,
there is a separate criminal liability from the
Only for Elective Officials crime under the RPC. Torturous acts are not
absorbed in, nor do they absorb other crimes.
Once an individual is elected to an office by the
will of the people, discharge of duties becomes [Section 15, R.A. 9745 (Anti-Torture Act of
2009)]
a matter of duty, not only a right. This only
applies for elective, not appointive officers.
Other cruel, inhuman and degrading
treatment or punishment
e. Article 235 – Maltreatment of Deliberate and aggravated treatment or
Prisoners punishment not enumerated under Section 4 of
Page 194 of 305
this Act, inflicted by a person in authority or
Acts of Torture Maltreatment
agent of a person in authority against a person
under his/her custody, which attains a level of It does not include
severity causing suffering, gross humiliation or pain or suffering
debasement to the latter. [Sec. 3(b), R.A. 9745 arising only from,
(Anti-Torture Act of 2009)]. inherent in or
incidental to lawful
Acts of Torture v. Maltreatment sanctions [Sec. 3(a),
Acts of Torture Maltreatment R.A. 9745].
Definition Note: The elements

of torture would refer
Torture refers to an The maltreatment: to the severity or
act by which severe 1. Must relate to the gravity of the pain or
pain or correction or suffering, intent to
suffering, whether handling of the injure, and purposes.
physical or mental, is prisoner, or
intentionally inflicted Extent of Injuries
on a person for such 2. Must be for the
purposes as: purpose of extorting Can be physical or Does not require
a. obtaining from a confession or of mental or physical injuries. Any
him/her or a third obtaining some psychological. It kind of punishment
person information from the does not include pain not authorized or
information or a prisoner. or suffering arising although authorized
confession; only from, inherent in if executed in excess
b. punishing or incidental to lawful of the prescribed
him/her for an act sanctions. degree is covered.
he/she or a third
person has
committed or is
suspected of Penalty
having
committed; Punished under R.A. Punished under Art.
c. or intimidating or 9745 236 of the RPC
coercing him/her
or a third person; SECTION 2. Anticipation,
d. or for any reason Prolongation, and Abandonment of
based on
the Duties and Powers of Public Office
discrimination of
any kind, when
such pain or f. Article 236 – Anticipation of Duties
suffering is of a Public Officer
inflicted by or at
the instigation of Elements [ESAN]:
or with the 1. Offender is Entitled to hold a public
consent or office or employment, either by election
acquiescence of or appointment;
a person in 2. The law requires that he should first be
authority or Sworn in and/or should first give a
agent of a person bond;
in authority. 3. He Assumes the performance of the
duties and powers of such office; and
4. He has Not taken his oath of office
and/or given the bond required by law
Page 195 of 305
Comparison Between Art. 234 and Art. 236 Note: Resignation must be written or formal. A
verbal resignation is not the kind of resignation
Refusal to Anticipation of
contemplated by the set-up of the Civil Service
Discharge Elective Duties of a Public
System [People v. Santos, C.A. 55 O.G. 5566].
Office Officer
[Art. 234] [Art. 236]
Requisites for Resignation [InAA]
As to Nature of Position 1. Intention to relinquish part of the term
2. Act of relinquishment
Officer is elected Officer is elected or 3. Acceptance by the proper authority
appointed [LRTA v. Salvana, G.R. No. 192074
(2014)]
As to Act Punished
The officer, without The offender The offense is qualified when the purpose of
legal motive, refuses assumes the the abandonment is to evade the discharge of
to be sworn in or performance of the duties of preventing, prosecuting, or punishing
discharge the duties duties of the office any of the crimes falling within Title One
of his office. without having been (Crimes against National Security and the Law
sworn in or giving the of the Nations) and Chapter One of Title Three
bond required by (Rebellion, Coup d’état, Sedition, and
law. Disloyalty) of book two of the RPC.
Abandonment of Office v. Dereliction of

g. Article 237 – Prolonging
Duty
Performance of Duties and Powers
Abandonment of Dereliction of Duty
Elements [PPC]: Office or Position [Art. 208]
1. Offender is holding a Public office; [Art. 238]
2. Period provided by law, regulations or
special provision for holding such As to Offender
office, has already expired; and
3. He Continues to exercise the duties Committed by any Committed only by
and powers of such office public officer public officers who
have the duty to
Officers Covered institute prosecution
The offenders here are those who can be for the punishment of
suspended, separated, declared over-aged, or violations of the law
dismissed. Those who cannot be, cannot be
As to Abandonment
said to be able to continue to exercise the
duties of powers of office [Art. 237, RPC;
There is actual Public officer does
REYES, Book 2].
abandonment not abandon his
through resignation office but merely fails
h. Article 238 – Abandonment of Office to evade the to prosecute a
or Position discharge of duties violation of the law.
Elements [PRNA]:
1. Offender is a Public officer; SECTION 3. Usurpation of Powers and
2. He formally Resigns from his position; Unlawful Appointments
3. His resignation has Not yet been
accepted; and i. Article 239 – Usurpation of
4. He Abandons his office to the Legislative Powers
detriment of public service.
Elements [EJ-MAS]:
Page 196 of 305

1. Offender is an Executive or Judicial 5. He Continues the proceeding.
officer, who encroaches upon the
powers of the Legislative branch by: Note: The disobedient officer is liable even if
a. Making General Rules or the jurisdictional question is resolved in his
regulations beyond the scope of favor. The act punished is the continuation of
his authority; or proceedings even if there is a pending
b. Attempting to repeal a law; or jurisdictional question. The resolution of the
c. Suspending the execution thereof. jurisdictional question in the offender’s favor is
not a factor [Art. 242, RPC; REYES, Book 2].
j. Article 240 – Usurpation of
Executive Functions m. Article 243 – Orders or Request by
Executive Officer to Any Judicial
Elements [JAO]: Authority
1. Offender is a Judge;
2. That he: Elements:
a. Assumes a power pertaining to the 1. Offender is an Executive officer;
executive authorities, or 2. He addresses any order or suggestion
b. Obstructs the executive authorities to any Judicial authority; and
in the lawful exercise of their 3. The order or suggestion relates to any
powers. case or business coming within the
exclusive Jurisdiction of the courts of
Note: If the offender is not a judge (i.e., a justice.
councilor usurping the functions of a mayor)
the crime is punishable under Art 177 n. Article 244 – Unlawful
(Usurpation of Authority or Official Function) Appointments
[See People v. Hilvano, G.R. No. L-8583
(1956)]. Elements:
k. Article 241 – Usurpation of Judicial 2. He Nominates or appoints a person to
Functions a public office;
3. Such person Lacks the legal
Elements [Ex-AO]: qualifications therefore;
1. Offender is an officer of the Executive 4. Offender Knows that his nominee or
branch; appointee lacks the qualification at the
2. That he: time he made the nomination or
a. Assumes judicial powers; or appointment.
b. Obstructs the execution of any
order or decision rendered by any Note:
judge within his jurisdiction. 1. Mere recommendation is not a crime, even
if such person knew that the person
l. Article 242 – Disobeying Request for recommended is not qualified. “Nomination”
Disqualification is different from “recommendation.”
2. Qualifications must be provided for by law
Elements: [People v. Sandiganbayan, G.R. No.
1. Offender is a Public officer; 164185, (2008)].
2. A proceeding is Pending before such
public officer; o. Article 245 – Abuses Against
3. There is a Question brought before the Chastity
proper authority regarding his
jurisdiction, which is not yet decided; Punishable Acts [DCuW]:
4. He has been lawfully required to 1. Soliciting/making immoral or indecent
Refrain from continuing the advances to a woman interested in
proceeding; matters pending before the offending
Page 197 of 305
officer for Decision or with respect to
which he is required to submit a report
Soliciting to Soliciting to Soliciting to
to or consult with a superior officer;
a woman a woman wife/
2. Soliciting or making immoral or
interested under daughter/
indecent advances to a woman under
in pending offender’s sister/
the offender’s Custody;
matters custody relative of
3. Soliciting or making immoral or
[PSP] [PSC] person in
indecent advances to the Wife,
custody
daughter, sister or relative within the
[PSR]
same degree by affinity of any person
in the custody of the offending warden 3. Woman is 3. Woman is 3. Woman is
or officer. interested in under the the wife,
matters Custody of daughter,
Note: The offender could also be held liable Pending the offender sister or
under R.A. 11313 [“Safe Spaces Act” (2019)], before the who is a Relative
as such acts could be considered sexual offender for warden or within the
harassment in public spaces. decision, or other public same degree
• “Public spaces” – streets and alleys, with respect officer by affinity of
public parks, schools, buildings, malls, to which he is directly the person in
bars, restaurants, transportation required to charged with the custody
terminals, public markets, spaces used submit a the care and of the
as evacuation centers, government report to or custody of offender.
offices, public utility vehicles as well as consult with prisoners.
private vehicles covered by app-based a superior.
transport network services and other
recreational spaces such as, but not
limited to, cinema halls, theaters and Solicitation
spas. Solicit is to propose earnestly and persistently
• Section 4. Gender-Based Streets and something unchaste and immoral to a woman.
Public Spaces Sexual Harassment. - The advances must be immoral or indecent.
The crimes of gender-based streets Proof of solicitation is not necessary when
and public spaces sexual harassment there is sexual intercourse [Black’s Law
are committed through any unwanted Dictionary].
and uninvited sexual actions or
remarks against any person regardless Consummated by Proposal
of the motive for committing such The crime is consummated by mere proposal.
action or remarks. It is not necessary that the woman should have
yielded to the solicitation of the offender.
Elements
Mother of Person in Custody Not Included
Mode 1: Mode 2: Mode 3: The mother of the person in the custody of the
Soliciting to Soliciting to Soliciting to public officer is not included.
a woman a woman wife/
interested under daughter/
in pending offender’s sister/
7. Chapter 7: Special Penal
matters custody relative of Laws
[PSP] [PSC] person in
custody a. Anti-Graft and Corrupt Practices
[PSR] Act (R.A. 3019, as amended)
1. Offender is a Public officer
Offenders covered by R.A. No. 3019
2. He Solicits or makes immoral or indecent
advances to a woman
Page 198 of 305

Public Officers Relatives
Elective and appointive officials and The spouse or any relative, by consanguinity or
employees, permanent or temporary, whether affinity, within the third civil degree, of the
in the classified or unclassified or exempt President of the Philippines, the Vice-President
service receiving compensation, even nominal, of the Philippines, the President of the Senate,
from the government as defined in the or the Speaker of the House of
preceding subparagraph [Sec. 3(b]. Representatives
Definition of Public Officer Corrupt Practices Penalized
1. Persuading, inducing, or influencing

Sec. 3(b), R.A. No. Art. 203, RPC another officer to commit violation
3019 [Sec. 3a]:
Elective and Public officer by
Acts punished:
appointive officials direct provision of the
a. Persuading, inducing or influencing
and employees, law, popular election,
another public officer to perform an act
permanent or or appointment by
constituting a violation of rules and
temporary, whether competent authority
regulations duly promulgated by
in the classified or
competent authority or an offense in
unclassified or He/she takes part in
connection with the official duties of the
exempt service the performance of
latter
receiving public functions in
b. Allowing himself to be persuaded,
compensation, even the Government of
induced, or influenced to commit such
nominal the Philippine Islands
violation or offense
or performs in said
Government or in
2. Requesting gifts in connection with
any of its branches
public duties as an contract or transaction [Sec. 3(b)]
employee, agent or Directly or indirectly requesting or receiving
subordinate official, any gift, present, share, percentage, or benefit,
of any rank or class for himself or for any other person, in
connection with any contract or transaction
between the Government and any other party,
The definition of public officer under R.A. No. wherein the public officer in his official capacity
3019 is broader because it also includes has to intervene under the law.
whether permanent or temporary, or whether in
the classified, unclassified, or exempt service, Direct Bribery v. Sec 3(b) of RA 3019
and even those who receive nominal [Merencillo v. People, G.R. No. 142369-70,
compensation. (2007)]
Sec 3(b) R.A. 3019 Direct Bribery
Private individuals
[Art 210, RPC]
Any person having family or close personal
relation with any public official. Family relation As to Promise or Gift
shall include the spouse or relatives by
consanguinity or affinity in the third civil degree.
The word "close personal relation" shall include Mere request or Acceptance of a
close personal friendship, social and fraternal demand of a gift, promise or offer or
connections, and professional employment all present, share, receipt of a gift or
giving rise to intimacy which assures free percentage or present is required
access to such public officer [Sec. 4]. benefit is enough
Page 199 of 305

Accepting or having any member of his family
Sec 3(b) R.A. 3019 Direct Bribery
accept employment in a private enterprise
[Art 210, RPC]
which has pending official business with him
As to Scope during the pendency thereof or within one year
after its termination.
Limited to contracts Wider and more 5. Causing any undue injury to any party
or transactions general scope:
[Sec. 3(e)]
involving monetary a. Performance of
Causing any undue injury to any party including
consideration where an act
the Government, or giving any private party
the public officer has constituting a
any unwarranted benefits, advantage or
the authority to crime;
preference in the discharge of his official
intervene under the b. Execution of an
administrative or judicial functions through
law. unjust act which
manifest partiality, evident bad faith or gross
does not
inexcusable negligence.
constitute a
crime; and
This provision shall apply to officers and
c. Agreeing to
employees of offices or government
refrain or
corporations charged with the grant of licenses
refraining from
or permits or other concessions.
doing an act
which is his
official duty to Modes of committing a violation under
do. Sec. 3(e)
Partiality is synonymous with

Preliminary investigation is not considered as a "bias" which "excites a
contract or transaction within the purview of disposition to see and report
Sec. 3(b) R.A. 3019 [Lauro Soriano, Jr. v. 1. Manifest matters as they are wished
Sandiganbayan, G.R. No. L-65952 (1984)]. partiality for rather than as they are"
[Sison v. People, G.R. Nos.
The provision refers to a public officer whose 170339, 170398-403
official intervention is required by law in a (2010).]
contract or transaction. If there is no law
investing an accused with the power to Bad faith does not simply
intervene, they cannot be charged under said connote bad judgment or
provision [Jaravata v. Sandiganbayan, G.R. negligence; it imputes a
No. L-56170 (1984)]. dishonest purpose or some
2. Evident moral obliquity and
3. Requesting gifts in consideration for Bad Faith conscious doing of a wrong;
help given [Sec. 3(c)] a breach of sworn duty
Directly or indirectly requesting or receiving through some motive or
any gift, present or other pecuniary or material intent or ill will; it partakes of
benefit, for himself or for another,from any the nature of fraud
person for whom the public officer, in any
manner or capacity, has secured or obtained, Negligence characterized by
or will secure or obtain, any Government permit the want of even slight care,
or license, in consideration for the help given or acting or omitting to act in a
to be given, without prejudice to Section 3. Gross situation where there is a
thirteen of this Act. inexcusable duty to act, not inadvertently
negligence but willfully and intentionally
4. Accepting employment in enterprise with a conscious indifference
with pending business with him [Sec. to consequences in so far as
3(d)] other persons may be
Page 200 of 305

8. Having unlawful business interests
Modes of committing a violation under
Sec. 3(e) [Sec. 3(h)]
Directly or indirectly having financial or
affected. It is the omission of pecuniary interest in any business, contract or
that care which even transaction in connection with which he
inattentive and thoughtless intervenes or takes part in his official capacity,
men never fail to take on their or in which he is prohibited by the Constitution
own property or by any law from having any interest.
A mayor who has divested himself of shares in

While all three modalities may be alleged a corporation which had a contract with the
simultaneously in a single information for government before his assumption to office,
violation of Section 3 (e) of R.A. 3019, an even if the divestment was to a relative, is not
allegation of only one modality without mention liable under 3(h). What the law wants to
of the others necessarily means the exclusion prevent is actual intervention in a transaction in
of those not mentioned [Villarosa v. People, which the public official has financial or
G.R. Nos. 233155-63 (2020)]. pecuniary interest [Trieste v. Sandiganbayan,
G.R. No. 70332-43 (1986)].
Verily, an accusation for a violation of Section
3(e) of R.A. 3019 committed through evident 9. Having material interest in
bad faith only, cannot be considered as transactions requiring his approval
synonymous to, or includes an accusation of [Sec. 3(i)]
violation of Section 3 (e) of RA 3019 committed Directly or indirectly becoming interested, for
through gross inexcusable negligence personal gain, or having a material interest in
[Villarosa v. People, supra]. any transaction or act requiring the approval of
a board, panel or group of which he is a
6. Neglecting to act [Sec. 3(f)] member, and which exercises discretion in
Neglecting or refusing, after due demand or such approval, even if he votes against the
request, without sufficient justification, to act same or does not participate in the action of the
within a reasonable time on any matter pending board, committee, panel or group.
before him
Presumption: Interest for personal gain shall
For the purpose of obtaining, directly or be presumed against those public officers
indirectly, from any person interested in the responsible for the approval of manifestly
matter some pecuniary or material benefit or unlawful, inequitable, or irregular transactions
advantage, or for the purpose of favoring his or acts by the board, panel or group to which
own interest or giving undue advantage in favor they belong.
of or discriminating against any other
interested party. 10. Granting license to unqualified
persons [Sec. 3(j)]
7. Entering into grossly Knowingly approving or granting any license,
disadvantageous contracts [Sec. 3(g)] permit, privilege or benefit in favor of any
Entering, on behalf of the Government, into any person not qualified for or not legally entitled to
contract or transaction manifestly and grossly such license, permit, privilege or advantage, or
disadvantageous to the same, whether or not of a mere representative or dummy of one who
the public officer profited or will profit thereby. is not so qualified or entitled.
This provision partakes of the nature of a 11. Divulging confidential information
malum prohibitum; it is the commission of that
[Sec. 3(k)]
act as defined by the law, not the character or
Acts punished:
effect thereof, that determines whether or not
a. Divulging valuable information of a
the provision has been violated [Luciano v.
confidential character, acquired by his
Estrella, G.R. No. L-31622 (1970)].
office or by him on account of his
Page 201 of 305
official position to unauthorized a. Through misappropriation,
persons, or conversion, misuse, or malversation
b. Releasing such information in advance of public funds or raids on the public
of its authorized release date. treasury;
b. By receiving, directly or indirectly, any
Other Offenders [Sec. 3] commission, gift, share, percentage,
1. Person giving the gift, present, share, kickbacks or any other form of
percentage or benefit referred to in (b) pecuniary benefit from any person
and (c); and/or entity in connection with any
2. Person offering or giving to the public government contract or project or by
officer the employment mentioned in reason of the office or position of the
(d); public officer concerned;
3. Person urging the divulging or untimely c. By the illegal or fraudulent
release of the confidential information conveyance or disposition of assets
referred to in subparagraph (k) of this belonging to the National
section Government or any of its
subdivisions, agencies or
Together with the offending public officer, other instrumentalities or government-
offenders shall be punished under Section 9 of owned or -controlled corporations and
R.A. 3019 and with permanent or temporary their subsidiaries;
disqualification from transacting business in d. By obtaining, receiving or accepting
any form with the Government, in the discretion directly or indirectly any shares of
of the Court. stock, equity or any other form of
interest or participation including
b. Anti-Plunder Act (R.A. 7080, as promise of future employment in any
amended by R.A. 7659) business enterprise or undertaking;
e. By establishing agricultural, industrial
Definition of Terms [Sec. 1] or commercial monopolies or other
1. Public Officer means any person holding combinations and/or implementation
any public office in the Government of the of decrees and orders intended to
Republic of the Philippines by virtue of an benefit particular persons or special
appointment, election or contract. interests; or
f. By taking undue advantage of official
2. Government includes the National position, authority, relationship,
Government, and any of its subdivisions, connection or influence to unjustly
agencies or instrumentalities, including enrich himself or themselves at the
government-owned or -controlled expense and to the damage and
corporations and their subsidiaries. prejudice of the Filipino people and
the Republic of the Philippines.
3. Person includes any natural or juridical
person, unless the context indicates Plunder; Penalties [Sec. 2]
otherwise. Any public officer who, by himself or in
connivance with members of his family,
4. Ill-gotten wealth means any asset, relatives by affinity or consanguinity, business
property, business enterprise or material associates, subordinates or other persons,
possession of any person within the amasses, accumulates or acquires ill-gotten
purview of Section Two (2) hereof, wealth through a combination or series of overt
acquired by him directly or indirectly criminal acts as described in Section 1 (d)
through dummies, nominees, agents, hereof in the aggregate amount or total value
subordinates and/or business associates of at least Fifty million pesos (P50,000,000.00)
by any combination or series of the shall be guilty of the crime of plunder and shall
following means or similar schemes: be punished by reclusion perpetua to death.
Page 202 of 305

Any person who participated with the said proceedings, or in any recognized
public officer in the commission of an offense traditional, cultural or customary manner. It
contributing to the crime of plunder shall shall include an informal union or
likewise be punished for such offense. In the cohabitation outside of wedlock between
imposition of penalties, the degree of an adult and a child, or between children.
participation and the attendance of mitigating
and extenuating circumstances, as provided by 3. Guardians refer to relatives or individuals
the Revised Penal Code, shall be considered taking custody of a child in the absence of
by the court. the parents, or anyone to whom a child is
given or left for care or custody, whether
Forfeiture permanent or temporary; or persons
The court shall declare any and all ill-gotten judicially appointed by a competent court
wealth and their interests and other incomes as guardians.
and assets including the properties and shares
of stocks derived from the deposit or 4. Parents refer to biological parents or
investment thereof forfeited in favor of the adoptive parents.
State.
5. Solemnizing officers refers to any person
Pattern of Overt or Criminal Acts authorized to officiate a marriage under
For purposes of establishing the crime of E.O. 209, otherwise known as “The Family
plunder, it shall not be necessary to prove each Code of the Philippines,” or recognized to
and every criminal act done by the accused in celebrate marriages by reason of religion,
furtherance of the scheme or conspiracy to tradition, or customs.
amass, accumulate or acquire ill-gotten wealth,
it being sufficient to establish beyond b. Unlawful Acts [Sec. 4]
reasonable doubt a pattern of overt or criminal
acts indicative of the overall unlawful scheme 1. Facilitation of Child Marriage. – Any
or conspiracy [Sec. 4]. person who causes, fixes, facilitates, or
arranges a child marriage.
Main Plunderer should be Identified
The main plunderer should be identified. That any person who produces, prints,
Where the individuals charged were 10 public issues and/or distributes fraudulent or
officials, it was only proper to identify the main tampered documents such as birth
plunderer or plunderers among the 10 accused certificates, affidavits of delayed
[Arroyo v. People, G.R. No. 220598 (2017)]. registration of birth and/or foundling
certificates for the purpose of
c. Prohibition of Child Marriage Law misrepresenting the age of a child to
(RA 11596) facilitate child marriage or evade liability
under this Act shall be liable
a. Definition of Terms [Sec. 3] 2. Solemnization of Child Marriage. – Any
person who performs or officiates a child
1. Child refers to any human being under marriage; and
eighteen (18) years of age, or any person 3. Cohabitation of an Adult with a Child
eighteen (18) years of age or over but who Outside Wedlock. – An adult partner who
is unable to fully take care and protect cohabits with a child outside wedlock.
oneself from abuse, neglect, cruelty,
exploitation or discrimination because of a c. Public Crimes [Sec. 5]
physical or mental disability or condition.
The foregoing unlawful and prohibited acts are
2. Child marriage refers to any marriage deemed public crimes and be initiated by any
entered into where one or both parties are concerned individual.
children as defined in the paragraph above,
and solemnized in civil or church
Page 203 of 305

H. CRIMES AGAINST 1. Reckless or simple imprudence [Art.
365, RPC]
PERSONS [ARTS. 246 - 266- 2. Parricide by mistake [Art. 49, RPC]
3. Parricide under exceptional
D] circumstances [Art. 247, RPC]
1. Chapter 1: Destruction of Life b. Article 247 – Death or Physical

Injuries Under Exceptional
SECTION 1. Parricide, Murder, Circumstances
Homicide
This article does not define a felony, rather it
a. Article 246 – Parricide serves as a defense for a person charged with
parricide, homicide or serious physical injuries.
Elements [KAA-FaMCADS]:
1. A person is Killed; Elements: [M-SD-KiP]
2. Deceased is killed by the Accused; 1. A legally Married person, or a parent,
3. Deceased is the Accused’s: surprises the following in the act of
a. Legitimate/illegitimate Father sexual intercourse with another
b. Legitimate/illegitimate Mother person:
c. Legitimate/illegitimate Child a. His Spouse or;
(should not be less than 3 days old, b. His Daughter, the latter under 18
otherwise crime is infanticide) years of age and living with him;
d. Other legitimate Ascendant 2. He or she Kills any or both of them, or
e. Other legitimate Descendant inflicts upon any or both of them any
f. Legitimate Spouse serious physical injury in the act or
immediately thereafter;
Relationship 3. He has not Promoted or facilitated the
Relationship of offender with the victim is an prostitution of his wife or daughter, or
essential element of this crime; except for that he or she has not consented to the
spouses, only relatives by blood and in direct infidelity of the other spouse.
line are covered. An adopted child is not
covered by parricide. Sentence to Accused
General Rule: If all the requisites have been
Rules on Relationship of Relatives met, the defendant will be sentenced to
1. Father, mother or child may be destierro instead of the severe penalty for the
legitimate or illegitimate aforementioned crime [People v. Araquel, G.R.
2. Other ascendants or descendants No. L-12629 (1959)].
must be legitimate
3. Child should not be less than 3 days Exception: If less serious or slight physical
old, otherwise, crime is infanticide injuries are inflicted, there is no criminal liability
4. Spouse must be legitimate; Muslim [Id.].
husbands with several wives can be
convicted of parricide only in case the Other Considerations:
first wife is killed [People v. Subano, 1. Actual Sexual Intercourse – meaning
G.R. No. L-20338 (1967)]. vaginal penetration by the penis and does
not include merely sleeping on the same
Note: Relationship must be alleged in the bed [People v. Gonzales, G.R. No. 46310
Information to be convicted of parricide [People (1939); People v. Bituanan G.R. No.
v. Jumawan, G.R. No. 187495 (2014)]. 34510 (1931)].
2. Accused must be legally married - if the
Parricide shall not be punished by victim is his or her spouse [People v.
reclusion perpetua to death in the following Araquel, supra].
cases:
Page 204 of 305
3. Whether or not the daughter is stranding of a vessel,
legitimate or illegitimate is immaterial - derailment or assault upon a
provided she is living with the guilty parent railroad, fall of an airship, by
[REGALADO] means of motor vehicles, or
4. Privilege cannot be invoked without with the use of any other
surprise – if the accused did not surprise means involving great waste
the supposed offenders in the very act of and ruin;
committing adultery, he cannot invoke the d. On occasion of any of the
privilege of Art. 247 [People v. Gonzales, Calamities enumerated in the
supra]. preceding paragraph, or of an
earthquake, eruption of a
Immediately Thereafter volcano, destructive cyclone,
There is no set time as jurisprudence has held epidemic, or any other public
one (1) hour or even four (4) hours as calamity;
“immediately thereafter”. However, the act e. With evident Premeditation;
done must be a: f. With Cruelty, by deliberately
a. Direct result of the outrage of the and inhumanly augmenting the
cuckolded spouse; and suffering of the victim, or
b. Continuous act from the moment of the outraging or scoffing at his
surprising [U.S. v. Vargas, G.R. No. person or corpse.
1053, (1903)]. 4. Killing is Not parricide or infanticide.
When Article 247 does not apply [BM]: Rules for the Application of the
1. If the surprising took place Before any Circumstances which Qualify the Killing to
actual sexual intercourse could be Murder
done. 1. If there are more than one alleged in the
2. If the daughter is Married. information for murder, only one will qualify
the killing to murder and the other
Although the article does not use the word circumstances will be taken as generic
“unmarried,” this article applies only when the aggravating circumstance [People v.
daughter is single because while under 18 and Dueño, G.R. No. L-31102 (1979)].
single, she is still under parental authority. If 2. When the other circumstances are
she is married, her husband alone can claim absorbed or included in one qualifying
the benefits of this article [REYES, Book 2]. circumstance, they cannot be considered
as generic aggravating [People v.
c. Article 248 - Murder Sespeñe, et al., G.R. No. L-9346 (1957)].
3. Any of the qualifying circumstances
Elements: [KAC-TCICPC-N] enumerated in Art. 248 must be alleged in
1. Person was Killed; the information [U.S. v. Campo, G.R. No.
2. Accused killed him; 7321 (1912)].
3. Killing was attended by any of the
following qualifying Circumstances: Element of Intent to Kill
a. With Treachery, taking General Rule: Offender must have intent to kill
advantage of superior strength, to be liable for murder.
aid of armed men, or
employing means to weaken Exception: In murder qualified by treachery, it
the defense, or of means or is required only that there is treachery in the
persons to insure or afford attack, hence, there is murder even if offender
impunity; has no intent to kill the person assaulted
b. In Consideration of a price, [People v. Abejuela, G.R. No. L-32702,
reward or promise; (1979)].
c. By means of Inundation, fire,
poison, explosion, shipwreck,
Page 205 of 305

The element of intent to kill in frustrated
homicide is incompatible with negligence or
Killing by Fire imprudence [People v. Castillo, C.A. No. 227
If the primordial criminal intent of the (1946)].
offender is to kill and fire was only used as a
means to do so, the crime is only murder. Refusal to be Operated On; Not a Defense
Refusal of the deceased to be operated on
If the primordial criminal intent of the does not relieve the offender of the criminal
offender is to destroy property with the use liability for his death [People v. Sto. Domingo,
of pyrotechnics and incidentally, somebody G.R. No. 3783 (1939)].
within the premises is killed, the crime is arson
with homicide, a single indivisible crime Intent to kill
penalized under Art. 326, which is death as a General Rule: Conclusively presumed when
consequence of arson [People v. Malngan, death results.
G.R. No. 170470, (2006)].
Exception: Evidence of intent is crucial to a
Outraging v. Scoffing finding of attempted or frustrated homicide
[Yapyuco v. Sandiganbayan, G.R. No. 120744-
Outraging Scoffing 46 (2012)].
Definition
Physical Injuries
To commit an To leer and implies a Accused is liable for physical injuries if there is
extremely vicious or showing of no intent to kill on the part of the offender in an
deeply insulting act. irreverence. attempted or frustrated homicide [See People
v. Delim, G.R. No. 142773 (2003)].
Example
Accidental Homicide
The act of an When the intestines It is the death of a person brought about by a
accused in having of the dead were lawful act performed with proper care and skill
anal intercourse with removed and hung and without homicidal intent, there is no felony
the woman after around the neck of [Id.].
killing her. [People v. the victim’s brother
Butler, G.R. No. L- “as a necklace” and e. Article 250 - Penalty for Frustrated
50276 (1983)] the lungs and liver Parricide, Murder or Homicide
were described as
“pulutan” [People v. Courts may impose a penalty:
Carmina, G.R. No. 1. Two (2) degrees lower for frustrated
81404 (1991)]. parricide, murder, or homicide
2. Three (3) degrees lower for attempted
parricide, murder, or homicide.
d. Article 249 – Homicide
The imposition of a penalty lower by one
Elements: [KJ-IQ]
degree than that imposed under Arts. 50 and
1. Person was Killed;
51 depends on the courts, in view of the facts
2. Offender killed him without any
of the case.
Justifying circumstances;
3. Offender had the Intention to kill
Note: Under the RPC, the following penalties
4. Killing was not attended by any of the
shall be imposed:
Qualifying circumstances of murder, or
1. Frustrated Felony - the penalty next
by that of parricide or infanticide
lower in degree than that prescribed by
law for the consummated felony [Art.
No offense of Frustrated Homicide through
50, RPC].
Imprudence.
Page 206 of 305

2. Attempted Felony - the penalty lower Presence of Conspiracy
by two degrees than that prescribed by If there is conspiracy, this crime is not
law for the consummated felony shall committed. The crime would be murder or
be imposed [Art. 51, RPC]. homicide [Wacoy v. People, supra].
Note: Any attempt on, or conspiracy against, g. Article 252 - Physical Injuries
the life of the Chief Executive of the Philippines Caused in Tumultuous Affray
or that of any member of his family, or against
the life of any member of his cabinet or that of Elements: [TSIK]
any member of the latter’s family, shall suffer 1. There is a Tumultuous affray;
the penalty of death [P.D. No. 1110-A]. 2. A participant or some participants
thereof Suffered serious physical
f. Article 251 - Death Caused in injuries or physical injuries of a less
Tumultuous Affray serious nature only;
3. Person responsible cannot be
Tumultuous Affray Identified; and
It is a commotion in a confused manner to an 4. All those who appear to have used
extent that it would not be possible to identify violence upon the person of the
who the killer is if death results, or who inflicted offended party are Known.
the serious physical injury, but the person or
persons who used violence are known [Wacoy Presence of Violence
v. People, G.R. No. 213792 (2015)]. All those who appear to have used violence
shall suffer the penalty next lower in degree
Note: It exists when at least four persons took than that provided for the serious physical
part, as implied by the use of the word “several” injuries inflicted [Art. 265, RPC].
which means more than two but not very many
[REYES, Book 2]. Death Caused in Tumultuous Affray v.
Physical Injuries Caused in Tumultuous
Elements [SGQKAI] Affray
1. There are Several persons;
Death Caused in Physical Injuries
2. They do not compose Groups
Tumultuous Affray Caused in
organized for the common purpose of
[Art. 251] Tumultuous Affray
assaulting and attacking each other
[Art. 252]
reciprocally;
3. These several persons Quarreled and Participants
assaulted one another in a confused
and tumultuous manner; The person killed in The injured party in
4. Someone was Killed in the course of the course of the the crime of physical
the affray; affray need not be injuries inflicted in a
5. It cannot be Ascertained who actually one of the tumultuous affray
killed the deceased; and participants in the must be one or some
6. The person or persons who inflicted affray. of the participants.
serious physical injuries or who used
violence can be Identified. [REYES, BOOK 2]
Persons Liable [IK] h. Article 253 - Giving Assistance to

1. Person or persons who Inflicted the Suicide
serious physical injuries.
2. If it is not Known who inflicted the Giving Assistance to Suicide
serious physical injuries on the Giving assistance to suicide means giving
deceased, all persons who used means (e.g., arms, poison, etc.) or whatever
violence upon the person of the victim manner of positive and direct cooperation (e.g.,
are liable. intellectual aid, suggestions regarding the
Page 207 of 305

mode of committing suicide, etc.) [REYES, Animus Interficendi
Book 2]. Intent to kill or animus interficendi cannot be
automatically drawn from the mere fact that the
Modes [AL] use of firearms is dangerous to life. Animus
1. Assisting another to commit suicide, interficendi must be established with the same
whether the suicide is consummated or degree of certainty as is required of the other
not; elements of the crime [Dado v. People, G.R.
2. Lending his assistance to another to No. 131421 (2002)].
commit suicide to the extent of doing
the killing Himself. Discharge of Firearms v. Homicide
Discharge of Homicide/Murder
Note: The person who attempts to commit
Firearms [Arts. 248/249]
suicide is not criminally liable; only the person
[Art. 254]
assisting him or her. If the suicide was
consummated, there is obviously no criminal As to Intent to Kill
liability on the part of the person who killed
himself/herself since he/she would be dead. There must be no There is intent to kill
intent to kill (conclusively
Euthanasia – commonly known as mercy presumed if a person
killing; the practice of painlessly putting to died)
death a person suffering from some incurable
disease. As to Rationale
● A doctor who resorts to euthanasia of
his patient may be liable for murder. The discharge was Intent was to kill
But if the patient himself asks to be intended merely to another
killed by his doctor, this Article applies frighten or cause
[Id.]. alarm to the offended
party [People v.
i. Article 254 - Discharge of Firearms Hinolan, C.A., 47
O.G. 3596, cited in
Elements [DN] REYES, Book Two].
1. Offender Discharges a firearm against
or at another person. Alarms and Scandals v. Discharge of
2. Offender has No intention to kill that Firearms v. Grave Threats
person.
Discharge Alarms and Grave
Crime as long as Initially Aimed at Offended of Firearms Scandals Threats
Party [Art. 254] [Art. 155] [Art. 282]
The crime is the discharge of firearm, even if
As to the Place
the gun was not pointed at the offended party
when it fired, as long as it was initially aimed by
At any place Public place At any place
the accused at or against the offended party
(and aimed
[People v. Cupin, C.A., 40 O.G., Supp. 11, 21,
at a specific
cited in REYES, Book 2].
person)
If Offended Party is Hit and Wounded As to Purpose
If in the discharge of a firearm, the offended
party is hit and wounded, there is a complex To intimidate To cause To demand
crime of discharge of firearm with serious or or frighten a disturbance money or
less serious physical injuries [People v. person or scandal impose any
Arquiza, G.R. No. 42128-42129 (1935)]. other
condition
Page 208 of 305

SECTION 2. Infanticide and Abortion circumstance
j. Article 255 – Infanticide

k. Article 256 - Intentional Abortion
Elements [C-3]:
1. Child was killed by the accused; Elements [PVi-DI]
2. Deceased child was less than 3 days 1. There is a Pregnant woman;
old (72 hours). 2. Violence is exerted, or drugs or
beverages administered, or that the
Persons Liable: accused otherwise acts upon such
1. Father or mother of the child, whether pregnant woman;
legitimate or illegitimate; or 3. As a result of the above acts, the fetus
2. Any other legitimate ascendant of the Dies, either in the womb or after having
child been expelled therefrom; and
3. A Stranger 4. Abortion is Intended.
Must be Born Alive Punishable Acts [VAAW]

It is necessary that the child be born alive and 1. Use of Violence upon the pregnant
viable (capable of independent existence) woman
[U.S. v. Vedra, G.R. No. 4779 (1908)]. 2. Acting, but without using violence and
without the consent of the woman.
Mitigating Circumstance (e.g., by administering drugs or
Only the mother and maternal grandparents beverages upon such pregnant woman
are entitled to mitigating circumstances of without her consent)
concealing the mother’s dishonor. 3. Acting (by administering drugs or
beverages), With the consent of the
Other Persons who Cooperate pregnant woman
Others who cooperate with the mother or
grandparent for killing a child less than 3 days Persons Liable
old will suffer the penalty for murder [U.S. v. 1. Person who intentionally caused the
Aquino, G.R. No. 11653 (1916)]. abortion under Art. 256; and
2. Pregnant woman if she consented, with
Parricide v. Infanticide her liability defined under Art. 258
Parricide Infanticide
Abortion
[Art. 246] [Art. 255]
The willful killing of the fetus in the uterus or the
As to Basis of Crime violent expulsion of the fetus from the maternal
womb which results in the death of the fetus
Based on Based on the age of [See People v. Paycana, G.R. No. 179035,
relationship of the child (must be (2008)].
offender and the less than 3 days old)
victim Frustrated Abortion
Committed if the fetus that is expelled is viable
As to Identity of the Victim and, therefore, not dead [Id.].
May be committed Victim need not be a Complex Crime of Murder/Physical Injuries

against a relative relative and Abortion
If the mother as a consequence of abortion
As to Applicability of Mitigating suffers death or physical injuries, there is a
Circumstance of Concealment of complex crime of murder or physical injuries
Dishonor and abortion [Id.].
Not mitigating Mitigating
Page 209 of 305

Impossible Crime
Intentional Unintentional
If the woman turns out not to be pregnant and
Abortion [Art. 256] Abortion
someone performs an abortion upon her, he is
[Art. 257]
liable for an impossible crime if the woman
suffers no physical injury [Id.]. her)
3. Acting with the
Abortion v. Infanticide consent of the
Abortion Infanticide pregnant woman
[Art. 256] [Art. 255] (e.g., administering
drugs or beverages)
Fetus could not Fetus could sustain
sustain independent an independent life As to Intent
life. No legal viability. after separation from
the mother’s womb. Abortion is intended Violence inflicted
upon the pregnant
[People v. Paycana, G.R. No. 179035 (2008)] woman is
intentionally exerted
l. Article 257 - Unintentional Abortion by the accused, but
without intending an
Elements: [PVID] abortion.
1. There is a Pregnant woman;
2. Violence is used upon such pregnant As to Knowledge of Pregnancy
woman without intending an abortion;
3. The violence is Intentionally exerted; Accused has knowledge as to the
4. Result of violence – fetus Dies, either pregnancy of the woman.
in the womb or expelled therefrom
m. Article 258 - Abortion Practiced by
Killed by Husband
If the pregnant woman was killed by violence the Woman Herself or by Parents
by her husband, the crime committed is the
complex crime of parricide with unintentional Elements [PIC-HCP]
abortion. [People v. Paycana, supra] 1. There is a Pregnant woman who
suffered an abortion;
Intentional Abortion v. Unintentional 2. Abortion is Intended;
Abortion 3. Abortion is Caused by –
a. Pregnant woman Herself;
Intentional Unintentional b. Any other person, with her
Abortion [Art. 256] Abortion Consent; or
[Art. 257] c. Any of her Parents, with her
consent for the purpose of
As to Mode of Commission concealing her dishonor.
Committed by: Committed only by
Liability
1. Using any violence, that is,
1. Pregnant Woman – under (a), (b), (c);
violence upon the actual physical force.
liable under this Article
person of the
2. Third Person - under (b); liable under
pregnant woman
Art. 256 (Intentional Abortion)
2. Acting without
3. Parents – if the parents acted with the
using violence and
pregnant woman’s consent under (c) to
without the
conceal her honor, they are also liable
consent of the
under this article.
woman (e.g.,
administering drugs
or beverages upon
Page 210 of 305

Mitigating Circumstances 4. Said physician or midwife took
Advantage of his or her scientific
Penalty of a pregnant woman is mitigated if her knowledge or skill.
purpose is to conceal her dishonor. There is no
mitigation for parents of the pregnant woman Elements (for Pharmacists): [PPD]
even if the purpose is to conceal dishonor in 1. Offender is a Pharmacist;
abortion, unlike in infanticide. 2. No proper Prescription from a
physician; and
Intentional Abortion v. Abortion Practiced 3. Offender Dispenses any abortive.
by the Woman Herself
Imposable Penalty
Intentional Abortion Practiced
The penalties provided for intentional abortion
Abortion [Art. 256] by the Woman
shall be imposed in the maximum period.
Herself
[Art. 258]
It is not necessary that the pharmacist
As to Liability knows that the abortive would be used to
cause an abortion.
Third person who Only the woman What is punished is the dispensing of the
caused the abortion herself or her abortive without the proper prescription. It is
is liable parents can be liable not necessary that the abortive be actually
used either.
As to Consent
SECTION 3. Duel
Abortion could have Woman must have
been done with or consented to the
without the consent abortion. Parents are o. Article 260 - Responsibility of
of the pregnant liable if they acted Participants in a Duel
woman. with the pregnant
woman’s consent to Modes [DIC]
conceal her dishonor 1. Killing one’s adversary in a Duel;
2. Inflicting upon such adversary physical
injuries; or
n. Article 259 - Abortion by a 3. Making a Combat although no physical
Physician or Midwife and Dispensing injuries have been inflicted.
of Abortives
Persons Liable: [KS]
Persons Liable 1. The person who Killed or inflicted
1. Physician or midwife who, taking physical injuries upon his adversary, or
advantage of their scientific knowledge both combatants in any other case, as
or skill, shall cause an abortion or principals.
assist in causing an abortion. 2. The Seconds, as accomplices.
2. A pharmacist who, without proper
prescription from a physician, shall Definition of Terms
dispense any abortive. 1. Duel. Formal or regular combat previously
concerted between two (2) parties in the
Elements (for Physicians or Midwifes) presence of two or more seconds of lawful
[PIPA] age on each side, who make the selection
1. Pregnant suffered an abortion; of arms and fix all other conditions of the
2. Abortion is Intended; fight [Black’s Law Dictionary; REYES, Book
3. Offender is a Physician or midwife, who 2].
caused or assisted in causing the
abortion; and 2. Seconds. Persons who make the selection
of arms and fix the other conditions of the
fight [Id.].
Page 211 of 305
Imposable Penalty if Death Results
Mode 1: Castration Mode 2: Mayhem
If death results, the penalty is the same as that
for homicide. [Id.] generation; clipping off any part
deprives the of the body of the
Pre-Concerted Agreement to Fight offended, either offended party,
Self-defense cannot be invoked if there was a totally or partially, of other than the
pre-concerted agreement to fight, but if the some essential essential organ for
attack was made by the accused against his organ for reproduction, to
opponent before the appointed place and time, reproduction. deprive him of that
there is an unlawful aggression, hence, self- part of his body.
defense can be claimed [Justo v. CA, G.R. No.
L-8611 (1956)]. As to Purpose
p. Article 261 - Challenging to a Duel Mutilation is caused purposely and

deliberately
Modes [CIS]
[REYES, Book 2]
1. Challenging another to a duel;
2. Inciting another to give or accept a
Intent
challenge to a duel; or
Offender must have the intention to deprive the
3. Scoffing at or decrying another publicly
offended party of a part of his body. If there is
for having refused to accept a
no such intention, the crime will be serious
challenge to fight a duel.
physical injuries [Aguirre v. Sec. of Justice,
G.R. NO. 170723 (2008)].
Persons Responsible:
1. Challengers
If victim under 12 years of age
2. Instigators
Under Sec. 10, R.A. 7610 (Special Protection
of Children Act), the penalty for other
Challenging to Duel Different from
intentional mutilation is reclusion perpetua.
Challenging to Fight
Specifically, R.A. 7610 provides that the
The person making the challenge must have in
penalty for the commission of acts punishable
mind a formal combat to be concerted between
under Articles 248, 249, 262, par. 2, and 263,
him and the one challenged in the presence of
par. 1 of Act No. 3815, as amended, the
two or more seconds [Art. 261, RPC; See
Revised Penal Code, for the crimes of murder,
People v. Tacomoy, G.R. No. L-4798 (1951)].
homicide, other intentional mutilation, and
serious physical injuries, respectively, shall be
2. Chapter 2: Physical Injuries reclusion perpetua when the victim is under
twelve (12) years of age.
a. Article 262 – Mutilation
b. Article 263 - Serious Physical
Mutilation Injuries
Lopping or clipping off of some part of the body
[U.S. v. Bogel, G.R. No. L-2957 (1907); Modes of Commission [WoBAA]
REYES, Book 2]. 1. By Wounding;
2. By Beating;
Punishable Acts 3. By Assaulting; or
Mode 1: Castration Mode 2: Mayhem 4. By Administering injurious substances
[Art. 264, RPC].
As to Body Part
Serious Physical Injuries
Castration is the Intentionally making They are when the injured person, in
mutilation of organs other mutilation, that consequence of the physical injuries inflicted—
necessary for is, by lopping or [I-SMI-DMUI90-30]
Page 212 of 305

1. Becomes Insane, an imbecile, ● Imbecility - a more or less advanced
impotent or blind decay and feebleness of the intellectual
2. If the person injured: faculties [Black’s Law Dictionary].
a. Loses the use of Speech or the ● Impotence - an inability to copulate,
power to hear or to smell, or loses includes sterility.
an eye, a hand, a foot, an arm, or a ● Blindness - must be of two eyes, as the
leg, or loss of one eye is punished under par. 2
b. Loses the use of any such Member;
or Penalty is one (1) degree higher when the
c. Becomes Incapacitated for the victim is under 12 years of age. [Sec. 10, R.A.
work in which he was habitually 7610]
engaged, in consequence of the
physical injuries inflicted; Characteristics of par. 2
3. If the person injured: ● Loss of power to hear - must be of
a. Becomes Deformed; or both ears. If hearing in only one ear is
b. Loses any other Member of his lost, it falls under par. 3.
body; or ● Blindness – requires the loss of an eye
c. Loses the Use thereof; or only, thus mere weakness of vision is
d. Becomes Ill or incapacitated for the not contemplated [Id]
performance of the work in which ● Loss of the use of hand or incapacity
he was habitually engaged for for work - must be permanent.
more than 90 Days; ● All the body parts mentioned are
4. Becomes ill or incapacitated for labor principal members of the body (eye,
for more than 30 days (but must not be hand, foot, etc.) [Id].
more than 90 days).
Characteristics of par. 3
Intent to Kill ● It covers any other part of the body
In physical injuries, there must be no intent to which is not a principal member of the
kill, otherwise the crime is frustrated/attempted body.
murder or homicide as the case may be ● Fingers of the hand are not principal
[People v. Delim, G.R. No. 142773, (2003)]. members and the loss of such falls
under the third type. However, if it is
Physical Injuries v. Attempted or Frustrated proven that the loss of the fingers
Homicide resulted in the loss of the use of the
hand itself, it would fall under the
Physical Injuries Attempted or
second type [US v. Punsalan, G.R. No.
[Art. 263] Frustrated
7539 (1912)].
Homicide [Art. 249]
No intent to kill May be committed Elements of Deformity [UAV]

offended party even if no physical 1. Physical Ugliness,
injuries are inflicted 2. Permanent and definite Abnormality,
and the offender and
has intent to kill 3. Conspicuous and Visible.
party
Illness or Incapacity under Pars 2, 3, and 4.
● What is required is illness or incapacity
Characteristics of par. 1 and not medical attendance [People v.
● Insanity – deranged or perverted Obia, C.A. 45 O.G. 2568].
condition of mental faculties and is ● Injured party must have a vocation at
manifested in language and conduct the time of the injury - Incapacity
[People v. Domingo, G.R. No. 184343 therefore must relate to a certain kind of
(2009)]. work only [U.S. v. Bugarin, G.R. No.
5588 (1910)].
Page 213 of 305

● Work - includes studies or preparation d. Article 265 - Less Serious Physical
for a profession. Mere lessening of Injuries
efficiency due to injury is not incapacity
[Id]. Elements: [IMP]
● Type of Work 1. Offended party:
a. Par. 3 – work in which the a. Is Incapacitated for labor for 10
offended party is habitually engaged days or more (but not more than
b. Par. 4 – any type of labor 30 days); or
b. Needs Medical attendance for the
No Attempted or Frustrated Physical same period of time;
Injuries 2. Physical injuries must not be those
This felony is defined by the gravity of the described in the Preceding articles.
injury. It is a crime of result. As long as there is
no injury, there can be no attempted or Qualified Less Serious Physical Injuries
frustrated stage thereof.
Addition of a Fine Higher Penalty
Committed through Reckless Imprudence not exceeding Imposed
Serious physical injuries may be committed by P50,000
reckless imprudence or by simple imprudence [Sec. 60, R.A.
or negligence under Art. 365 in relation to Art. 10951 in re: Art.
263. 265]
Qualifying Circumstances: 1. There is a The victim is either:

1. If it is committed against any of the manifest intent to 1. Offender’s
persons referred to in the crime of insult or offend parents,
parricide under Art. 246 the injured ascendants,
2. If any of the circumstances qualifying person; or guardians,
murder attended its commission 2. There are curators or
circumstances teachers; or
Note: The said qualified penalties are not adding ignominy 2. Persons of rank
applicable to parents who inflict serious to the offense. or person in
physical injuries upon their children by authority,
excessive chastisement [Art. 263(7), RPC]. provided the
crime is not
direct assault.
c. Article 264 - Administering Injurious
Substances or Beverages
e. Article 266 - Slight Physical Injuries
Elements: [IKI] and Maltreatment
1. Offender Inflicted any serious physical
injury; Modes [1-9-PI]
2. It was done by Knowingly 1. Physical injuries incapacitated the
administering to him any injurious offended party for labor from one (1) to
substance or beverages or by taking nine (9) days, OR required medical
advantage of his weakness of mind or attendance during the same period;
credulity; and 2. Physical injuries did not Prevent the
3. There was no Intent to kill. offended party from engaging in his
habitual work or did not require medical
Note: Art. 264 does not apply when the attendance; or
resulting Physical Injuries are Less Serious or 3. Ill-treatment of another by deed without
Light as they will be treated under Art. 265 or causing any injury.
Art. 266, as the case may be. Art. 264
specifically mentions “any serious physical
injury” [Art. 264, RPC].
Page 214 of 305

Duration of Incapacity or Medical
Gravity Injury Days
Attendance
In the absence of evidence as to the duration work nor did it
of the offended party’s incapacity for labor or require medial
medical attendance, the crime is only slight attendance
physical injuries [People v. Arranchado, G.R.
No. L-13943 (1960)].
Physical Injuries v. Attempted or Frustrated
Supervening Event Converting the Crime Homicide
A supervening event converting the crime into Physical Injuries Attempted or
serious physical injuries after the filing of the [Art. 263, 265, 266] Frustrated
information for slight physical injuries can still Homicide
be the subject of amendment or of a new
charge [People v. Manolong, G.R. No. L-2288 Existence of Physical Injuries
(1950)].
General Rule: The May be committed
Slapping of Offended Party offender must have even if no physical
General Rule: Slapping is a form of ill- inflicted physical injuries inflicted
treatment which is a form of slight physical Injuries
injuries.
Exception:
Exception: If the slapping is done to cast Maltreatment (Art.
dishonor upon the person slapped, or to 266(3))
humiliate or embarrass the offended party out
of a quarrel or anger, the crime is slander by Intent to Kill
deed [See Art. 359, RPC].
No intent to kill the With intent to kill
Summary: offended party offended party
Gravity Injury Days

3. Chapter 3: Rape
Serious Incapacity from Permanent
[Art. habitual work
a. Article 266-A – Rape (as amended
236]
Illness/incapacity Over 90 by R.A. 8353 and R.A. 11648)
from habitual work days
Mode 1: Rape by Sexual Intercourse
Illness/incapacity 31-90 days
from labor Elements [PCC-FRM12]
1. Offender is a Person;
Less Incapacity from 10-30 days 2. Offender had Carnal knowledge of a
Serious labor/medical Person;
[Art. attendance required 3. Such act is accomplished under any of
265] the following Circumstances:
a. By using Force, threat or
Slight Incapacity from 1-9 days intimidation;
[Art. labor/medical b. When the person is deprived of
266] attendance required Reason or is otherwise
unconscious;
Physical injuries Regardless
c. By means of fraudulent
which did not of Days
Machination or grave abuse of
prevent the
authority; or
offended party from
engaging in habitual
Page 215 of 305

d. When the person is under 16 years b. By inserting any Instrument or
of age (Statutory Rape) or is object into the genital or anal
demented. orifice of another Person;
3. Act is accomplished under any of the
Note: R.A. 11648 (2022) amends several following Circumstances:
provisions related to Rape, R.A. 7610, Crimes a. By using Force or intimidation; or
Against Chastity and Crimes Against Public b. When the person is Deprived of
Morals [Arts. 266-A(1)(d), 337, 338, Revised reason or otherwise unconscious;
Penal Code; Sections 5(b), 7, 9, and 10(b) of or
R.A. 7610)]. c. By means of fraudulent
Machination or grave abuse of
Notably, the threshold age for statutory rape authority; or
has been adjusted to 16 years old. Moreover, d. When the person is under 16 years
in “Rape by sexual intercourse”, the offended of age or demented.
may now be either a man or woman.
Chronological Age or Intellectual Disability
Note: There shall be no criminal liability on In determining whether a person is 12 years of
the part of a person having carnal knowledge age under par. (d), the interpretation should be
of another person 16 years of age when: in accordance with either the chronological age
● The age difference between the parties of the child if he or she is not suffering from
is not more than three (3) years; and intellectual disability, or the mental age if
● The sexual act in question is proven to intellectual disability is established [People v.
be consensual, non-abusive, and Quintos, G.R. No. 199402 (2014)].
non-exploitative.
HOWEVER, if the victim is under thirteen (13) Note: R.A. 11648 (2022) has adjusted the
years of age, this exception shall not apply. threshold age for statutory rape from 12 to 16
years old.
“Non-abusive” shall mean
● The absence of undue influence, Classifications of Rape
intimidation, fraudulent machinations,
Rape by Sexual Sexual Assault
coercion, threat, physical, sexual,
Intercourse
psychological, or mental injury or
maltreatment As to Offended Party
● Either with intention or through neglect
● During the conduct of sexual activities Against a Woman or Against a Woman or
with the child victim Man Man
“Non-exploitative” shall mean As to Offender

● There is no actual or attempted act or
acts Can now be Can now be
● Of unfairly taking advantage of the child's committed by a man committed by a man
position of vulnerability, differential or woman or woman, that is, if a
power, or trust woman or a man
● During the conduct of sexual activities uses an instrument
on an orifice of male
Mode 2: Rape through Sexual Assault or woman
Elements [SM-PI-C-FDM12]: As to Commission of Offense

1. Offender commits an act of Sexual
assault; Sexual intercourse Inserting a finger
2. Act is committed by any of the following inside the genital of a
Means: woman or man is
a. By inserting his Penis into another rape through sexual
person's mouth or anal orifice; or
Page 216 of 305
conclusively presumed incapable of giving
Rape by Sexual Sexual Assault
consent to sexual intercourse with another
Intercourse
[People v. Negosa, G.R. Nos. 142856-7
assault within the (2003)].
context of object
Note: RA 11648 (2022) has adjusted the
threshold age for statutory rape from 12 to 16
Complete Penetration is Not Necessary years old.
In rape, from the moment the offender has
carnal knowledge of the victim, he actually Rule on Resistance
attains his purpose, all the essential elements
of the offense have been accomplished Rule: Any physical overt act manifesting
[People v. Orita, G.R. No. 88724 (1990)]. resistance against the act of rape in any degree
from the offended party, or where the offended
Moreover, it is not the number of times that party is so situated as to render her/him
appellant ejaculated but the penetration or incapable of giving valid consent, may be
‘touching’ that determines the consummation accepted as evidence in the prosecution of the
of the sexual act [People v. Ferrer, G.R. No. acts punished under Article 266-A [Art. 266-D,
142662 (2001); People v. Orilla, G.R. Nos. RPC].
148939-40 (2004)].
Note: It must be noted that the legal principle
Note: There is NO crime of frustrated rape. [Id] that there must be manifest and tenacious
resistance from the offended in acts of rape –
Rules on Accompanying Circumstances physical struggle, not mere initial resistance or
verbal refusal [See REYES, Book 2 citing
In general, it cannot be forgotten that – People v. Lago, CA, 45 OG 1356] – IS NO
ultimately – the gravamen of rape is sexual LONGER CONTROLLING in light of the rule
intercourse with a woman against her will or found in Art. 266-D of the RPC [See also
without her consent. This is what must be People v. Las Piñas, Jr., G.R. No. 133444,
supported by the evidence of the prosecution. (2002); People v. Metin, G.R. No. 140781
Other details which do not bear on the very fact (2003)].
of the commission of the offense are
insignificant [People v. XXX, G.R. No. 244609 Note also: When the offender in rape has an
(2020)]. ascendancy on influence over the girl, i.e., a
father over his daughter, it is not necessary that
1. Force, Threat or Intimidation. It is not she put up a determined resistance [People v.
necessary that the force employed against Metin, G.R. No. 140781 (2003)].
the complaining woman in rape be so
great or of such a character as could not Moral Ascendancy or Influence
be resisted. It is enough that the force
used is sufficient to consummate the Moral ascendancy or influence exercised by
culprit's purpose of copulating with the the accused over the victim substitutes for
offended woman [People v. Savellano, the element of physical force or
G.R. No. L31227 (1974)]. intimidation such as those committed by:
2. Deprived of Reason or Unconscious. 1. Fathers against their daughters
Means that the victim has no will to give [People v. Bayona, G.R. No. 133343
consent intelligently and freely [People v. (2000)]
Layson, C.A. 37 O.G. 318; REYES, Book 2. Stepfathers against their
2]. stepdaughters [People v. Vitor, G.R.
3. Drowsiness. State of being drowsy, i.e., No. 113690 (1995)]
ready to fall asleep or half-asleep [People 3. A godfather against his goddaughter
v. Salarza, G.R. No. 117682 (1997)]. [People v. Casil, G.R. No. 110836
4. Statutory Rape. Rape of a woman who is (1995)]
below [16] years of age; victim is
Page 217 of 305
4. Uncles against their nieces [People v. lovers and that she consented to the sexual
Betonio, G.R. No. 119165 (1997)] relations.
5. The first cousin of the victim’s mother Exception: Sweetheart doctrine cannot be
[People v. Perez, G.R. No. 129213 invoked in instances involving sexual
(1999)] intercourse and lascivious conduct involving
child abuse cases under R.A. 7610, where the
Qualified and Simple Seduction; When victim abused cannot validly give their consent
Absorbed to another person [Id.].
Rape by means of fraudulent machinations and
grave abuse of authority absorbs the crime of Note: R.A. 11648, Sec. 1 provides an
qualified and simple seduction [Id.]. exception to criminal liability in cases involving
minors, provided the victim is not under thirteen
Seclusion Not Necessary (13) years of age. Age difference and consent,
Rape may, likewise, be committed in a room among others, are material factors. [See above
adjacent to where the victim's family is discussion].
sleeping, or even in a room shared with other
people [People v. Glivano, G.R. No. 177565 Rape Shield Rule
(2008)]. In prosecutions for rape, evidence of
complainant's past sexual conduct, opinion
Evidence thereof or of his/her reputation shall not be
Any physical overt act manifesting resistance admitted unless, and only to the extent that the
against the act of rape in any degree from the court finds, that such evidence is material and
offended party; or where the offended party is relevant to the case. [Sec. 6, R.A. 8505 (“Rape
so situated as to render him/her incapable of Victim Assistance and Protection Act of 1998”);
giving his consent [Art. 266-D, RPC]. See also People v. Udang, supra.]
Sweetheart Doctrine Marital Rape

Operates on the theory that the sexual act is Prior to R.A. 8353, a husband cannot be guilty
consensual. It requires proof that the accused of rape, however, under Art. 266-C of R.A.
and the victim were lovers and that she 8353, he may now be held guilty [People v.
consented to the sexual relations [People v. Jumawan, G.R. No. 187495 (2014)].
Udang, G.R. No. 210161 (2018)].
Special Complex Crime
It was previously ruled that being sweethearts 1. When the rape is attempted and a
does not negate the commission of rape homicide is committed by reason of or
because such does not give the appellant the on the occasion of attempted rape; and
license to have sexual intercourse against the 2. When by reason of or on occasion of
victim’s will [People v. Olesco, G.R. No. consummated rape, homicide is
174861 (2011)]. committed [Art. 266-B, RPC].
However, in the later case of People v. Udang, Note: R.A. 11648 (2022) amends several
supra, it has been ruled that the theory may provisions related to Rape, R.A. 7610, Crimes
apply in acts of lasciviousness and rape, Against Chastity and Crimes Against Public
felonies committed against or without the Morals [Arts. 266-A(1)(d), 337, 338, RPC;
consent of the victim, it operates on the theory Sections 5(b), 7, 9, and 10(b) of R.A. 7610].
that the sexual act was consensual. It requires Notably, among others, the threshold age for
proof that the accused and the victim were statutory rape has been adjusted to 16 years
old.
Page 218 of 305

Designation of the Crime & Imposable Penalty [People v. Tulagan, G.R. No. 227363 (2019)]
Designation of the Crime & Imposable Penalty
Age of Victim: Under 16 years old or 16 years old or below 18, or 18 years old
demented 18 under special and above
circumstances
(i.e., 18 and above but are

unable to fully take care of
themselves or protect
themselves from abuse,
neglect, cruelty, exploitation
or discrimination because of
a physical or mental
disability or condition - Sec.
3(a), R.A. 7610)
Crime Committed:
Acts of Acts of Lasciviousness under Lascivious conduct under Not

Lasciviousness Art. 336 of the RPC in relation Section 5(b) of R.A. 7610: applicable
committed against to Section 5(b) of R.A. 7610: reclusion temporal in its
children exploited in reclusion temporal in its medium period to reclusion
prostitution or other medium period perpetua
sexual abuse
Sexual Assault Sexual Assault under Art. Lascivious Conduct under Not
committed against 266-A (2) of the RPC in Section 5(b) of R.A. 7610: applicable
children exploited in relation to Section 5(b) of R.A. reclusion temporal in its
prostitution or other 7610: reclusion temporal in its medium period to reclusion
sexual abuse medium period perpetua
Sexual Intercourse Rape under Art. 266-A (1) of Sexual Abuse under Section Not
committed against the RPC: reclusion perpetua, 5(b) of R.A. 7610: reclusion applicable
children exploited in except when the victim is temporal in its medium
prostitution or other below 7 years old in which period to reclusion perpetua
sexual abuse case death penalty shall be
imposed
Note: This is subject to R.A.

9346 entitled "An Act
Prohibiting the Imposition of
Death Penalty in the
Philippines."
Rape by carnal Rape under Article 266-A (1) Rape under Article 266-A (1) Rape under
knowledge in relation to Art. 266-B of the in relation to Art. 266-B of Article 266-
RPC: reclusion perpetua, the RPC: reclusion perpetua A(1) of the
except when the victim is RPC:
below 7 years old in which reclusion
case death penalty shall be perpetua
imposed
Rape by Sexual Sexual Assault under Article Lascivious Conduct under Sexual
Page 219 of 305
Designation of the Crime & Imposable Penalty
Assault 266-A (2) of the RPC in Section 5(b) of R.A. 7610: Assault
relation to Section 5(b) of R.A. reclusion temporal in its under Article
7610: reclusion temporal in its medium period to reclusion 266-A (2) of
medium period perpetua the RPC:
prision
mayor
b. Article 266 - B - Qualified Rape Note: Special qualifying circumstances have to

be alleged in the information for it to be
Qualifying Circumstances appreciated [People v. Gallo, supra].
1. If the victim: [18-C-7-M]
a. Is under 18 yrs. old, & the offender c. Article 266 - C - Effect of Pardon
is a parent, ascendant, step-
parent, guardian, relative by The following shall extinguish the criminal
consanguinity or affinity w/in the action or the penalty imposed:
3rd civil degree, or the common 1. Subsequent valid marriage between
law spouse of the parent of the the offender and the offended party,
victim but only as to the husband.
b. Is under the Custody of the police 2. Subsequent forgiveness by the wife as
/ military authorities / law the offended party when the legal
enforcement agency husband is the offender, provided their
c. Is a religious and such legitimate marriage is not void ab initio [Art. 266-
vocation is known by the offender C, RPC].
before or at the time of rape
d. Is a child below 7 yrs. old; Applicability of Pardon; Only to Principals
e. Suffered permanent or physical Pardon is not applicable to accomplices,
Mutilation or disability by reason or accessories and multiple rapes. Since rape is
on the occasion of rape now categorized as a crime against persons,
marriage extinguishes the penal action only as
2. If the offender: [SAPMF] to the principal [See Art. 344, RPC which
a. Is afflicted with a Sexually shows effect of pardon on all involved, as
transmissible disease & the virus / regards crimes against chastity]. Moreover,
disease is transmitted to the this does not apply where multiple rape was
victim; committed because while marriage with one
b. Is a member of the AFP / PNP / defendant extinguishes criminal liability, it
any law enforcement agency / cannot be extended to acts committed by
penal institution, & took advantage others [People v. Bernardo, et al., C.A. 38,
of his position; O.G. 3479].
c. Knew of the Pregnancy of the
offended party at the time of the d. Article 266-D - Presumptions
commission of rape;
d. Knew of the Mental disability, Evidence which may be accepted:
emotional disorder, or physical 1. Any physical overt act manifesting
handicap of the offended party at resistance against the act of rape in
the time of the commission of rape any degree from the offended party; or
2. Where the offended party is so situated
3. If Rape is committed in Full view of the as to render him/her incapable of giving
spouse, parent, any of the children, or his/her consent [Art. 266-D, RPC].
other relatives w/in the 3rd civil degree
of consanguinity
Page 220 of 305

4. Chapter 4: Special Penal intimidation or threat, use of force or
coercion, including deprivation of freedom,
Laws abuse of authority or moral ascendancy,
debt-bondage or deception.
a. Anti-Trafficking in Persons Act of
2003 (R.A. 9208, as amended by R.A.
11862) e. “Sex Tourism” refers to a program
organized by travel and tourism-related
Definition of Terms [Sec. 3, R.A. 9208] establishments and individuals which
a. “Trafficking in Persons” refers to the consists of tourism packages or activities,
recruitment, transportation, transfer or utilizing and offering escort and sexual
harboring, or receipt of persons with or services as enticement for tourists. This
without the victim's consent or knowledge, includes sexual services and practices
within or across national borders by offered during rest and recreation periods
means of threat or use of force, or other for members of the military.
forms of coercion, abduction, fraud,
deception, abuse of power or of position, f. “Sexual Exploitation” refers to
taking advantage of the vulnerability of the participation by a person in prostitution or
person, or, the giving or receiving of the production of pornographic materials
payments or benefits to achieve the as a result of being subjected to a threat,
consent of a person having control over deception, coercion, abduction, force,
another person for the purpose of abuse of authority, debt bondage, fraud or
exploitation which includes at a minimum, through abuse of a victim's vulnerability.
the exploitation or the prostitution of others
or other forms of sexual exploitation, g. “Debt Bondage” refers to the pledging by
forced labor or services, slavery, servitude the debtor of his/her personal services or
or the removal or sale of organs. labor or those of a person under his/her
control as security or payment for a debt,
The recruitment, transportation, transfer, when the length and nature of services is
harboring or receipt of a child for the not clearly defined or when the value of the
purpose of exploitation shall also be services as reasonably assessed is not
considered as "trafficking in persons" even applied toward the liquidation of the debt.
if it does not involve any of the means set
forth in the preceding paragraph. h. “Pornography” refers to any
representation, through publication,
b. “Child” refers to a person below eighteen exhibition, cinematography, indecent
(18) years of age or one who is over shows, information technology, or by
eighteen (18) but is unable to fully take whatever means, of a person engaged in
care of or protect himself/herself from real or simulated explicit sexual activities
abuse, neglect, cruelty, exploitation, or or any representation of the sexual parts
discrimination because of a physical or of a person for primarily sexual purposes.
mental disability or condition.
i. “Council” shall mean the Inter-Agency
c. “Prostitution” refers to any act, Council Against Trafficking created under
transaction, scheme or design involving Section 20 of this Act.
the use of a person by another, for sexual
intercourse or lascivious conduct in Acts of Trafficking in Persons [Sec. 4, R.A.
exchange for money, profit or any other 9208]
consideration. It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
d. “Forced Labor and Slavery” refer to the 1. To recruit, transport, transfer;
extraction of work or services from any harbor, provide, or receive a person
person by means of enticement, violence, by any means, including those done
under the pretext of domestic or
Page 221 of 305
overseas employment or training or counseling certificates, registration
apprenticeship, for the purpose of stickers and certificates of any
prostitution, pornography, sexual government agency which issues
exploitation, forced labor, slavery, these certificates and stickers as proof
involuntary servitude or debt bondage; of compliance with government
2. To introduce or match for money, regulatory and pre-departure
profit, or material, economic or requirements for the purpose of
other consideration, any person or, promoting trafficking in persons;
as provided for under R.A. 6955, any 3. To advertise, publish, print, broadcast
Filipino woman to a foreign national, for or distribute, or cause the
marriage for the purpose of acquiring, advertisement, publication, printing,
buying, offering, selling or trading broadcasting or distribution by any
him/her to engage in prostitution, means, including the use of information
pornography, sexual exploitation, technology and the internet, of any
forced labor, slavery, involuntary brochure, flyer, or any propaganda
servitude or debt bondage; material that promotes trafficking in
3. To offer or contract marriage, real or persons;
simulated, for the purpose of 4. To assist in the conduct of
acquiring, buying, offering, selling, or misrepresentation or fraud for
trading them to engage in prostitution, purposes of facilitating the acquisition
pornography, sexual exploitation, of clearances and necessary exit
forced labor or slavery, involuntary documents from government agencies
servitude or debt bondage; that are mandated to provide pre-
4. To undertake or organize tours and departure registration and services for
travel plans consisting of tourism departing persons for the purpose of
packages or activities for the purpose promoting trafficking in persons;
of utilizing and offering persons for 5. To facilitate, assist or help in the exit
prostitution, pornography or sexual and entry of persons from/to the
exploitation; country at international and local
5. To maintain or hire a person to airports, territorial boundaries and
engage in prostitution or pornography; seaports who are in possession of
6. To adopt or facilitate the adoption of unissued, tampered or fraudulent travel
persons for the purpose of prostitution, documents for the purpose of
pornography, sexual exploitation, promoting trafficking in persons;
forced labor, slavery, involuntary 6. To confiscate, conceal, or destroy the
servitude or debt bondage; passport, travel documents, or
7. To recruit, hire, adopt, transport or personal documents or belongings of
abduct a person, by means of threat trafficked persons in furtherance of
or use of force, fraud, deceit, violence, trafficking or to prevent them from
coercion, or intimidation for the leaving the country or seeking redress
purpose of removal or sale of organs of from the government or appropriate
said person; and agencies; and
8. To recruit, transport or adopt a 7. To knowingly benefit from, financial or
child to engage in armed activities in otherwise, or make use of, the labor or
the Philippines or abroad. services of a person held to a condition
of involuntary servitude, forced labor,
Acts that Promote Trafficking in Persons or slavery.
[Sec. 5, R.A. 9208]
1. To knowingly lease or sublease, use or Qualified Trafficking in Persons [Sec. 6,
allow to be used any house, building or R.A. 9208]
establishment for the purpose of 1. When the trafficked person is a child;
promoting trafficking in persons; 2. When the adoption is effected through
2. To produce, print and issue or R.A. 8043, otherwise known as the
distribute unissued, tampered or fake "Inter-Country Adoption Act of 1995"
Page 222 of 305
and said adoption is for the purpose of identities and such circumstances or
prostitution, pornography, sexual information shall not be disclosed to the public.
exploitation, forced labor, slavery,
involuntary servitude or debt bondage; Note: In cases when prosecution or trial is
3. When the crime is committed by a conducted behind closed-doors, it shall be
syndicate, or in large scale. Trafficking unlawful for any editor, publisher, and reporter
is deemed committed by a syndicate if or columnist in case of printed materials,
carried out by a group of three (3) or announcer or producer in case of television
more persons conspiring or and radio, producer and director of a film in
confederating with one another. It is case of the movie industry, or any person
deemed committed in large scale if utilizing tri-media facilities or information
committed against three (3) or more technology to cause publicity of any case of
persons, individually or as a group; trafficking in persons.
4. When the offender is an ascendant,
parent, sibling, guardian or a person Prosecution of Cases
who exercises authority over the 1. Who: Any person who has personal
trafficked person or when the offense is knowledge of the commission of any
committed by a public officer or offense under this Act, the trafficked
employee; person, the parents, spouse, siblings,
5. When the trafficked person is recruited children or legal guardian may file a
to engage in prostitution with any complaint for trafficking [Sec. 8, R.A.
member of the military or law 9208].
enforcement agencies; 2. Where: A criminal action arising from
6. When the offender is a member of the violation of this Act shall be filed where
military or law enforcement agencies; the offense was committed, or where
and any of its elements occurred, or where
7. When by reason or on occasion of the the trafficked person actually resides at
act of trafficking in persons, the the time of the commission of the
offended party dies, becomes insane, offense: Provided, That the court
suffers mutilation or is afflicted with where the criminal action is first filed
Human Immunodeficiency Virus (HIV) shall acquire jurisdiction to the
or the Acquired Immune Deficiency exclusion of other courts [Sec. 9, R.A.
Syndrome (AIDS). 9208].
Confidentiality [Sec. 7, R.A 9208] Penalties and Sanctions [Sec. 10, R.A. 9208]
At any stage of the investigation, prosecution
Any person found imprisonment of 20
and trial of an offense under this Act, law
guilty of years and a fine of not
enforcement officers, prosecutors, judges,
committing any less than
court personnel and medical practitioners, as
of the acts P1,000,000.00 but not
well as parties to the case, shall recognize the
enumerated in more than
right to privacy of the trafficked person and
Section 4 P2,000,000.00
the accused. Towards this end, law
enforcement officers, prosecutors and judges Any person found imprisonment of 15
to whom the complaint has been referred may, guilty of years and a fine of not
whenever necessary to ensure a fair and committing any less than P500,000.00
impartial proceeding, and after considering all of the acts but not more than
circumstances for the best interest of the enumerated in P1,000,000.00
parties, order a closed-door investigation, Section 5
prosecution or trial.
Any person found life imprisonment and
The name and personal circumstances of guilty of qualified a fine of not less
the trafficked person or of the accused, or any trafficking under P2,000,000.00 but not
other information tending to establish their Section 6
Page 223 of 305

the service and be barred permanently
more than
to hold public office. His/her retirement
P5,000,000.00
and other benefits shall likewise be
Any person who imprisonment of 6 forfeited; and
violates Section years and a fine of not
7 less than P500,000.00 4. Conviction by final judgment of the adopter
but not more than for any offense under this Act shall result in
P1,000,000.00 the immediate rescission of the decree of
adoption.
Note: Use of Trafficked Persons [Sec. 11, R.A.

1. If the offender is a corporation, 9208]
partnership, association, club,
establishment, or any juridical person: First offense six (6) months of
a. The penalty shall be imposed upon community service as may
the owner, president, partner, be determined by the
manager, and/or any responsible court and a fine of
officer who participated in the P50,000.00
commission of the crime or who shall
Second and imprisonment of one (1)
have knowingly permitted or failed to
subsequent year and a fine of
prevent its commission
offenses P100,000.00
b. The registration with the Securities
and Exchange Commission (SEC)
and license to operate of the erring Prescriptive Period [Sec. 12, R.A. 9208]
agency, corporation, association, Trafficking cases under this Act shall prescribe
religious group, tour or travel agent, in ten (10) years: Provided, however, That
club or establishment, or any place of trafficking cases committed by a syndicate or in
entertainment shall be cancelled and a large scale as defined under Section 6 shall
revoked permanently. The owner, prescribe in twenty (20) years.
president, partner or manager thereof
shall not be allowed to operate similar The prescriptive period shall commence to run
establishments in a different name from the day on which the trafficked person is
delivered or released from the conditions of
2. If the offender is a foreigner, he shall be bondage and shall be interrupted by the filing
immediately deported after serving his of the complaint or information and shall
sentence and be barred permanently from commence to run again when such
entering the country; proceedings terminate without the accused
being convicted or acquitted or are unjustifiably
3. Any employee or official of government stopped for any reason not imputable to the
agencies who shall issue or approve the accused.
issuance of travel exit clearances,
passports, registration certificates, Note also: R.A. 11862 – passed in 2022 – has
counseling certificates, marriage amended the Anti-Trafficking in Persons Act,
license, and other similar documents to and declared Art. 202 to be “deemed
persons, whether juridical or natural, repealed.” Sec. 26 of R.A. 10364 (2012)
recruitment agencies, establishments or repealed Art. 202.
other individuals or groups, who fail to
observe the prescribed procedures and the
requirement as provided for by laws, rules
and regulations, shall be held
administratively liable, without prejudice to
criminal liability under this Act. The
concerned government official or employee
shall, upon conviction, be dismissed from
Page 224 of 305
Trafficking v. White Slave Trade
Trafficking Kidnapping
Trafficking White Slave [R.A. 9208] [Art. 267, RPC]
[R.A. 9208] Trade
[Art. 341] vulnerability of the
person, or,
As to purpose the giving or receiving of
payments or benefits to
Giving or receiving of Engaging in achieve the consent of a
payments or benefits to the business or person having control
achieve the consent of a profiting by over another person for
person having control prostitution or the purpose of
over another person for enlisting exploitation
the purpose of another for the
exploitation which purpose of Note: The acts
includes at a minimum, prostitution mentioned must include,
the exploitation or the at a minimum, the
prostitution of others or Note: The exploitation or the
other forms of sexual engagement in prostitution of others or
exploitation, forced labor the business or other forms of sexual
or services, slavery, profiting or exploitation, forced labor
servitude or the removal enlisting another or services, slavery,
or sale of organs [Sec. is entirely for the servitude or the removal
3(a)]. purpose of or sale of organs [Sec.
prostitution 3(a)].
Note: The giving or
receiving of payments is b. Anti-Violence Against Women and
not limited for the Their Children Act of 2004 (R.A. 9262)
purpose of prostitution.
Violence against women and their children
Trafficking v. Kidnapping (VAWC)
Any act or a series of acts committed by any
Trafficking Kidnapping person against a woman who is his wife, former
[R.A. 9208] [Art. 267, RPC] wife, or against a woman with whom the person
has or had a sexual or dating relationship, or
Trafficking is not mere The essential
with whom he has a common child, or against
deprivation of the element of
her child whether legitimate or illegitimate,
offended party’s liberty kidnapping is the
within or without the family abode, which result
but involves: deprivation of the
in or is likely to result in physical, sexual,
the recruitment, offended party’s
psychological harm or suffering, or economic
transportation, transfer liberty under any
abuse including threats of such acts, battery,
or harboring, or receipt of the four
assault, coercion, harassment or arbitrary
of persons with or instances
deprivation of liberty [Sec. 3(a), R.A. 9262].
without the victim's provided in Art.
consent or knowledge, 267 [People v.
Battery
within or across national Suarez, G.R. No.
An act of inflicting physical harm upon the
borders by means of L-27352 (1969)].
woman or her child resulting to the physical and
threat or use of force, or
psychological or emotional distress. [Sec. 3(b),
other forms of coercion,
R.A. 9262]
abduction, fraud,
deception, abuse of
Violence Includes, But Is Not Limited To:
power or of position,
1. Physical Violence: Acts that include
taking advantage of the
bodily or physical harm;
Page 225 of 305

2. Sexual violence: An act which is sexual in spouse/partner objects on valid,
nature, committed against a woman or her serious and moral grounds as defined
child. in Article 73 of the Family Code;
b. Deprivation or threat of deprivation of
Sexual violence includes, but is not limited financial resources and the right to
to: the use and enjoyment of the
a. Rape, sexual harassment, acts of conjugal, community or property
lasciviousness, treating a woman or owned in common;
her child as a sex object, making c. Destroying household property;
demeaning and sexually suggestive d. Controlling the victims' own money or
remarks, physically attacking the properties or solely controlling the
sexual parts of the victim's body, conjugal money or properties.
forcing her/him to watch obscene
publications and indecent shows or Children
forcing the woman or her child to do Those below eighteen (18) years of age or
indecent acts and/or make films older but are incapable of taking care of
thereof, forcing the wife and themselves as defined under R.A. 7610. As
mistress/lover to live in the conjugal used in this Act, it includes the biological
home or sleep together in the same children of the victim and other children under
room with the abuser; her care. [Sec. 3(h), R.A. 9262]
b. Acts causing or attempting to cause
the victim to engage in any sexual Acts of Violence Against Women and their
activity by force, threat of force, Children:
physical or other harm or threat of 1. Causing physical harm to the woman or
physical or other harm or coercion; her child;
and 2. Threatening to cause the woman or her
c. Prostituting the woman or child. child physical harm;
3. Attempting to cause the woman or her
3. Psychological violence: Acts or child physical harm;
omissions causing or likely to cause mental 4. Placing the woman or her child in fear of
or emotional suffering of the victim such as imminent physical harm;
but not limited to intimidation, harassment, 5. Attempting to compel or compelling the
stalking, damage to property, public woman or her child to engage in conduct
ridicule or humiliation, repeated verbal which the woman or her child has the right
abuse and mental infidelity. It includes to desist from or desist from conduct which
causing or allowing the victim to witness the woman or her child has the right to
the physical, sexual or psychological abuse engage in, or attempting to restrict or
of a member of the family to which the restricting the woman's or her child's
victim belongs, or to witness pornography freedom of movement or conduct by force
in any form or to witness abusive injury to or threat of force, physical or other harm or
pets or to unlawful or unwanted deprivation threat of physical or other harm, or
of the right to custody and/or visitation of intimidation directed against the woman or
common children. child.
4. Economic abuse: Acts that make or Acts Committed with The Purpose Or Effect
attempt to make a woman financially Of Controlling Or Restricting The Woman's
dependent which includes, but is not Or Her Child's Movement Or Conduct
limited to the following: This shall include, but not limited to:
a. Withdrawal of financial support or a. Threatening to deprive or actually
preventing the victim from engaging depriving the woman or her child of
in any legitimate profession, custody to her/his family;
occupation, business or activity, b. Depriving or threatening to deprive the
except in cases wherein the other woman or her children of financial
support legally due her or her family, or
Page 226 of 305
deliberately providing the woman's Stalking
children insufficient financial support; An intentional act committed by a person who,
c. Depriving or threatening to deprive the knowingly and without lawful justification
woman or her child of a legal right; follows the woman or her child or places the
d. Preventing the woman in engaging in woman or her child under surveillance directly
any legitimate profession, occupation, or indirectly or a combination thereof [Sec.
business or activity or controlling the 3(d), R.A. 9262].
victim's own money or properties, or
solely controlling the conjugal or Elements of the crime of violence against
common money, or properties; women through harassment are:
1. The offender has or had a sexual or
6. Inflicting or threatening to inflict dating relationship with the offended
physical harm on oneself for the purpose of woman;
controlling her actions or decisions; 2. The offender, by himself or through
7. Causing or attempting to cause the another, commits an act or series of acts
woman or her child to engage in any sexual of harassment against the woman; and
activity which does not constitute rape, by 3. The harassment alarms or causes
force or threat of force, physical harm, or substantial emotional or psychological
through intimidation directed against the distress to her [Ang v. CA, G.R. No.
woman or her child or her/his immediate 182835 (2010)].
family;
8. Engaging in purposeful, knowing, or Dating Relationship refers to a situation
reckless conduct, personally or through wherein the parties live as husband and wife
another, that alarms or causes substantial without the benefit of marriage or are
emotional or psychological distress to the romantically involved over time and on a
woman or her child. This shall include, but continuing basis during the course of the
not be limited to, the following acts: relationship. A casual acquaintance or ordinary
a. Stalking or following the woman or socialization between two individuals in a
her child in public or private places; business or social context is not a dating
b. Peering in the window or lingering relationship. [Sec. 3(e), R.A. 9262]
outside the residence of the woman
or her child; Sexual Relations refer to a single sexual act
c. Entering or remaining in the dwelling which may or may not result in the bearing of a
or on the property of the woman or her common child. [Sec. 3(f), R.A. 9262]
child against her/his will;
d. Destroying the property and personal RPC Provisions Have Suppletory
belongings or inflicting harm to Application
animals or pets of the woman or her Legal principles developed from the Penal
child; and Code may be applied in a supplementary
e. Engaging in any form of harassment capacity to crimes punished under special
or violence: laws, such as R.A. 9262, in which the special
i. Causing mental or emotional law is silent on a particular matter [Go-Tan v.
anguish, public ridicule or Tan, G.R. No. 168852 (2008)].
humiliation to the woman or her
child, including, but not limited to, Thus, the principle of conspiracy may be
repeated verbal and emotional applied to R.A. 9262. For once conspiracy or
abuse, and denial of financial action in concert to achieve a criminal design is
support or custody of minor shown, the act of one is the act of all the
children of access to the conspirators, and the precise extent or
woman's child/children [Sec. 5, modality of participation of each of them
R.A. 9262]. becomes secondary, since all the conspirators
are principals [Go-Tan v. Tan, supra].
Parents-in-law of the petitioner wife may be

Page 227 of 305
included in the petition for issuance of further terrifying is that, as Irish testified,
protective order in accordance with R.A. 9262 Rustan sent the picture with a threat to post it
[Go-Tan v. Tan, supra]. on the internet for all to see [REYES].
VAWC may be committed by any person,
Battered Woman Syndrome (BWS) including a woman. The law states that it may
A scientifically defined pattern of psychological be committed “against a woman with whom the
and behavioral symptoms found in women person has or had a sexual or dating
living in battering relationships as a result of relationship.” The use of the gender-neutral
cumulative abuse [Sec. 3(c), R.A. 9262]. word “person” signifies that the law also
encompasses lesbian relationships [Garcia v.
Battered Woman Syndrome as A Defense Drilon, G.R. No. 179267 (2013); REYES].
Victim-survivors who are found by the courts to
be suffering from battered woman syndrome Anti-Child Pornography Act of 2009
do not incur any criminal and civil liability (R.A. 9775)
notwithstanding the absence of any of the
elements for justifying circumstances of self- Child Pornography
defense under the RPC. Any representation, whether visual, audio, or
written combination thereof, by electronic,
In the determination of the state of mind of the mechanical, digital, optical, magnetic or any
woman who was suffering from battered other means, of child engaged or involved in
woman syndrome at the time of the real or simulated explicit sexual activities [Sec.
commission of the crime, the courts shall be 3(b), R.A. 9775]
assisted by expert psychiatrists/ psychologists
[Sec. 26, R.A. 9262]. Acts penalized by R.A. 9775
1. Hiring, employing, using, persuading,
Genosa Ruling is Abandoned by R.A. 9262 inducing or coercing a child to perform
Under the Genosa ruling, BWS is valid as a in the creation or production of any
defense only when all the requisites of self- form of child pornography
defense are present. 2. Producing, directing, manufacturing, or
creating
Sec. 26 of R.A. 9262 abandons the precedent 3. Publishing, offering, transmitting,
set by Genosa case, which states that “victim- selling, distributing, broadcasting,
survivors who are found by the courts to be advertising, promoting, exporting, or
suffering from battered woman syndrome do importing child pornography
not incur any criminal and civil liability 4. Possession with intent to sell,
notwithstanding the absence of any of the distribute, publish, or broadcast
elements for justifying circumstances of self- a. Possession of 3 of more
defense under the RPC.” articles of the same form
constitute prima facie evidence
A single act of sending an offensive picture of intent
constitutes violence against women. Under 5. Knowingly, willfully and intentionally
Sec. 3 of R.A. 9262, a single act of harassment provide a venue for the commission of
would be enough since the objective of the law prohibited acts
is to protect women and children. Punishing 6. Such as dens, private rooms, cubicles,
only violence that is repeatedly committed cinemas, houses or in establishments
would license isolated ones. To illustrate, in purporting to be a legitimate business
Rustan Ang v. CA [G.R. No. 182835 (2010)], 7. For film distributors, theaters and
the naked woman on the picture, her legs telecommunication companies]
spread open and bearing Irish’s head and face, Distribution of any form
was clearly an obscene picture and, to Irish, a 8. [For parent, legal guardian or person
revolting and offensive one. Surely, any with custody or control of child]
woman like Irish, who is not in the pornography Knowingly permitting the child to
trade, would be scandalized and pained if she
sees herself in such a picture. What makes it
Page 228 of 305
engage, participate, assist in any form Syndicated Child Pornography
of child pornography Committed by 3 or more persons conspiring or
9. Engage in the luring or grooming of confederating with one another.
child
10. Engage in pandering of any form of d. Special Protection of Children
child pornography Against Child Abuse, Exploitation,
11. Willfully access any form of child and Discrimination Act (R.A. 7610, as
pornography
12. Conspiracy to commit any of these
amended)
prohibited acts
Children
a. Conspiracy to commit any form
Refers to person below eighteen (18) years of
of child pornography shall be
age or those over but are unable to fully take
committed when two (2) or
care of themselves or protect themselves from
more persons come to an
abuse, neglect, cruelty, exploitation or
agreement concerning the
discrimination because of a physical or mental
commission of any of the said
disability or condition [Sec. 3(a), R.A. 7610].
prohibited acts and decide to
commit it;
13. Possession Children Exploited in Prostitution and Other
a. No need for intent to sell, Sexual Abuse
distribute, publish, or broadcast Children, whether male or female, who for
money, profit, or any other consideration or due
Definition of Child to the coercion or influence of any adult,
syndicate or group, indulge in sexual
1. Person below 18 years old
intercourse or lascivious conduct, are deemed
2. Person over 18 years old but unable to
fully take care of himself/herself from to be children exploited in prostitution and other
sexual abuse.
abuse, neglect, cruelty, exploitation or
discrimination because of a physical or
mental disability or condition Punishable Acts [Sec. 5, R.A. 7610]
3. Person, regardless of age, who is The penalty of reclusion temporal in its medium
presented, depicted or portrayed as a period to reclusion perpetua shall be imposed
child upon those who engage in or promote,
4. Computer-generated, digitally or facilitate or induce child prostitution which
manually crafted images or graphics of include, but are not limited to, the following:
a person who is represented or who is 1. Acting as a procurer of a child prostitute;
made to appear to be a child 2. Inducing a person to be a client of a child
prostitute by means of written or oral
Explicit Sexual activity advertisements or other similar means;
3. Taking advantage of influence or
Acts may be actual or simulated
1. Sexual intercourse relationship to procure a child as
prostitute;
a. contact involving genital to genital,
4. Threatening or using violence towards a
oral to genital, anal to genital, or
oral to anal child to engage him as a prostitute; or
5. Giving monetary consideration goods or
b. whether between persons of the
same or opposite sex other pecuniary benefit to a child with
intent to engage such child in
2. Bestiality
3. Masturbation prostitution.
4. Sadistic or Masochistic Abuse
5. Lascivious exhibition of the genitals,
buttocks, breasts, pubic area and/or
anus; or
6. Use of any object or instrument for
lascivious acts
Page 229 of 305

e. Prohibition of Child Marriage Law period, or fine of not less than Fifty
(R.A. 11596) thousand pesos (P50,000.00), and
perpetual loss of parental authority:
Definition of Terms [Sec. 3] Provided, further, That any person who
produces, prints, issues and/or distributes
1. Child refers to any human being under fraudulent or tampered documents such as
eighteen (18) years of age, or any person birth certificates, affidavits of delayed
eighteen (18) years of age or over but who registration of birth and/or foundling
is unable to fully take care and protect certificates for the purpose of
oneself from abuse, neglect, cruelty, misrepresenting the age of a child to
exploitation or discrimination because of a facilitate child marriage or evade liability
physical or mental disability or condition; under this Act shall be liable under this
section, without prejudice to liability under
2. Child marriage refers to any marriage other laws: Provided, finally, That if the
entered into where one or both parties are perpetrator is a public officer, he or she
children as defined in the paragraph above, shall be dismissed from the service and
and solemnized in civil or church may be perpetually disqualified from
proceedings, or in any recognized holding office, at the discretion of the
traditional, cultural or customary manner. It courts;
shall include an informal union or
cohabitation outside of wedlock between 2. Solemnization of Child Marriage. – Any
an adult and a child, or between children; person who performs or officiates a child
marriage shall suffer the penalty of prision
3. Guardians refer to relatives or individuals mayor in its maximum period and a fine of
taking custody of a child in the absence of not less than Fifty thousand pesos
the parents, or anyone to whom a child is (P50,000.00): Provided, however, That if
given or left for care or custody, whether the perpetrator is a public officer, he or she
permanent or temporary; or persons shall be dismissed from the service and
judicially appointed by a competent court may be perpetually disqualified from
as guardians; holding office, at the discretion of the
courts; and
4. Parents refer to biological parents or
adoptive parents; and 3. Cohabitation of an Adult with a Child
Outside Wedlock. – An adult partner who
5. Solemnizing officers refers to any person cohabits with a child outside wedlock shall
authorized to officiate a marriage under suffer the penalty of prision mayor in its
E.O. 209, otherwise known as “The Family maximum period and a fine of not less than
Code of the Philippines,” or recognized to Fifty thousand pesos (P50,000.00):
celebrate marriages by reason of religion, Provided, however, That if the perpetrator
tradition, or customs. is a public officer, he or she shall likewise
be dismissed from the service and may be
Unlawful Acts [Sec. 4] perpetually disqualified from holding office,
at the discretion of the courts: Provided,
1. Facilitation of Child Marriage. – Any finally, That this shall be without prejudice
person who causes, fixes, facilitates, or to higher penalties that may be imposed in
arranges a child marriage shall suffer the the RPC and other special laws.
penalty of prision mayor in its medium
period and a fine of not less than Forty Public Crimes [Sec. 5]
thousand pesos (P40,000.00): Provided, The foregoing unlawful and prohibited acts are
however, That should the perpetrator be an deemed public crimes and be initiated by any
ascendant, parent, adoptive parent, step concerned individual.
parent, or guardian of the child, the penalty
shall be prision mayor in its maximum
Page 230 of 305

f. An Act Providing for Stronger “Non-exploitative” shall mean
Proteciton Against Rape and Sexual ● There is no actual or attempted act or
Exploitation and Abuse, Increasing acts
● Of unfairly taking advantage of the
the Age for Determining the child's position of vulnerability,
Commission of Statutory Rape (R.A. differential power, or trust
11648) ● During the conduct of sexual activities
Amendment on Rape [Sec. 1] Amendment on Qualified Seduction [Sec. 2]

Article 266-A (1)(d) of Act No. 3815, otherwise Articles 337 and 338 of the RPC were
known as "The Revised Penal Code," as amended to the effect that the threshold age for
amended by Republic Act No. 8353 known as victims has been changed from 12 to 16 years
"The Anti-Rape Law of 1997," has been further old.
amended to the effect that the threshold age for
victims has been changed from 12 to 16 years "Article 337. Qualified seduction. - The seduction of
old. a minor, sixteen and over but under eighteen years
of age, committed by any person in public authority,
"Article 266-A. Rape; When and How Committed. - priest, home-servant, domestic, guardian, teacher,
Rape is committed: or any person who, in any capacity, shall be
entrusted with the education or custody of the minor
"1) By a person who shall have carnal knowledge of seduced, shall be punished by prision correccional
another person under any of the following in its minimum and medium periods.
circumstances:
"x x x" "The penalty next higher in degree shall be imposed
upon any person who shall seduce his sister or
d) When the offended party is under sixteen (16) descendant, whether or not she be a virgin or over
years of age or is demented, even though none of eighteen years of age.
the circumstances mentioned above be present:
Provided, That there shall be no criminal liability on "Under the provisions of this Chapter, seduction is
the part of a person having carnal knowledge of committed when the offender have carnal
another person sixteen (16) years of age when the knowledge of any of the persons and under the
age difference between the parties is not more than circumstances described therein."
three (3) years, and the sexual act in question is
proven to be consensual, non-abusive, and non- "Article 338. Simple seduction. - The seduction of a
exploitative: Provided, further, That if the victim is minor, sixteen and over but under eighteen years
under thirteen (13) years of age, this exception shall of age, committed by means of deceit, shall be
not apply. punished by arresto mayor."
Note: There shall be no criminal liability on Amendments to R.A. 7610 [Sec. 3]

the part of a person having carnal knowledge Sections 5(b), 7, 9, and 10(b) of R.A. 7610,
of another person sixteen (16) years of age were amended to the effect that the threshold
when: age for victims has been changed from 12 to
● The age difference between the parties 16 years old.
is not more than three (3) years; and
● The sexual act in question is proven to
be consensual, non-abusive, and
non-exploitative
“Non-abusive” shall mean

● The absence of undue influence,
intimidation, fraudulent machinations,
coercion, threat, physical, sexual,
psychological, or mental injury or
maltreatment
● Either with intention or through neglect
● During the conduct of sexual activities
with the child victim
Page 231 of 305
I. CRIMES AGAINST Detention is Illegal
PERSONAL LIBERTY AND Detention is illegal when it is not ordered by
competent authority nor permitted by law
SECURITY [ARTS. 267 - 292] [REYES, Book 2].
1. Chapter 1: Crimes Against Placing Victim in an Enclosure is Not

Liberty Necessary
It is not necessary that the victim be placed in
SECTION 1. Illegal Detention an enclosure, as long as he is deprived, in any
manner, of his liberty. It suffices that there be
actual or manifest restraint on the person or
a. Article 267 - Kidnapping and
liberty of the victim [People v. Cortez, et al.,
Serious Illegal Detention G.R. Nos. 131619-20 (2000)].
Elements [PPu-K-I-MoSSTMiFP]: Lack of Freedom to Leave at Will is
1. Offender is a Private individual or a Sufficient
Public Officer who has no duty under Leaving a child in the house of another, where
the law to detain a person; he had freedom of locomotion but not the
2. He Kidnaps or detains another, or in freedom to leave it at will, deprives him of
any other manner deprives the latter of liberty [People v. Acosta, 60 O.G. 6999, cited
his liberty; in REYES, Book 2].
3. Detention or Kidnapping is Illegal; and
4. In the commission of the offense, any Qualifying Circumstances [RKDRT]
of the following circumstances is When any of the following circumstances are
present: present, the penalty shall be death:
a. Kidnapping lasts for More than 3 1. Purpose is to extort Ransom
days; 2. When the victim is Killed or Dies as a
b. It is committed Simulating public consequence of the detention
authority; 3. When the victim is Raped
c. Any Serious physical injuries are 4. When victim is subjected to Torture or
inflicted upon the person dehumanizing acts
kidnapped or detained or Threats
to kill him are made; or Ransom
d. Person kidnapped or detained is a Means money, price or consideration paid or
Minor, Female, or a Public officer. demanded for the redemption of a captured
person that would release him from captivity.
Essential Element No specific form of ransom is required and it
The essential element of kidnapping is the does not matter whether or not ransom was
deprivation of the offended party’s liberty under actually paid [People v. Jatulan, G.R. No.
any of the four instances enumerated [People 171563 (2007)].
v. Suarez, G.R. No. L-27352 (1969)]. Actual demand for ransom is unnecessary, as
long as it can be proven that the kidnapping
Lack of Consent is a Fundamental Element was done for the purpose of extorting money
The involuntariness of the seizure and [REYES, Book 2].
detention is the very essence of the crime.
Although the victim may have initially If kidnapping is for ransom, none of the 4
consented to go with the offender to a place, circumstances under Art. 267 needs to be
but the victim is thereafter prevented, with the present [People v. Cenahonon, G.R.
use of force, from leaving the place where he 169962 (2007)].
was brought to with his consent and is detained
against his will, the offender is still guilty of Elements of Kidnapping for Ransom [LDR]
kidnapping and serious illegal detention 1. Intent on the part of the accused to
[People v. Pickrell, G.R. No. 120409 (2003)]. deprive the victim of Liberty
Page 232 of 305
2. Actual Deprivation of liberty
Illegal Detention Arbitrary Detention
3. Motive of the accused: extorting Ransom
[Art. 267] [Art. 124]
for release of victim [People v. Ejandra,
G.R. No 174659 (2008)] otherwise deprives a legal ground.
person of liberty.
Special Complex Crime of Kidnapping with
Murder/Homicide As to Classification
Where the person kidnapped is killed in the

course of the detention, regardless of whether Crime against Crime against the
the killing was purposely sought or was merely personal liberty fundamental laws of
an afterthought, the crime is a special complex the State
crime and the maximum penalty shall be [REYES, Book 2]
imposed as provided by the last paragraph of
Art. 267 [People v. Ramos, G.R. No. 118570 b. Article 268 - Slight Illegal Detention
(1998)].
Elements [PKIW]:
When Murder and not Kidnapping 1. Offender is a Private individual;
1. If the primary and ultimate purpose of the 2. He Kidnaps or detains another, or in
accused is to kill the victim - the incidental any other manner deprives him of his
deprivation of the victim’s liberty does not liberty.
constitute kidnapping but is merely a 3. Kidnapping or detention is Illegal; and
preparatory act to the killing and is 4. Crime was committed Without the
absorbed by the killing of the victim [People attendance of any of the circumstances
v. Delim, G.R. No. 142773 (2003)]. enumerated in Article 267.
2. If from the acts of the accused it cannot be
inferred that the latter’s purpose was to Liability of Person Furnishing the Place
actually detain or deprive the victim of his The liability of one who furnishes the place
liberty - the subsequent killing of the victim where the offended party is being held captive
did not constitute the crime of kidnapping. is that of a principal and not of an accomplice
The demand for ransom does not convert [REYES, Book 2].
the crime into kidnapping, if no deprivation
of liberty was involved [People v Padica, Privileged Mitigating Circumstance [R3AC]
G.R. No. 102645 (1993)]. The penalty is lowered if:
1. Offended party is voluntarily Released
Illegal Detention v. Arbitrary Detention within 3 days from the start of illegal
Illegal Detention Arbitrary Detention detention;
[Art. 267] [Art. 124] 2. Without Attaining the intended purpose;
and
As to Offender 3. Before the institution of the Criminal action.
Note: Voluntary release will only mitigate

Private individual or Public
criminal liability if crime was slight illegal
public officer/employee
detention. If serious, it has no effect [Asistio v.
officer/employee with a legal duty to
Hon. San Diego, G.R. No. L-21991 (1964)].
who has no legal detain persons
duty to detain a
person c. Article 269 - Unlawful Arrest
As to Acts Committed Elements [ADN]:

1. Offender Arrests or detains another
person;
Offender kidnaps, Public officer detains 2. Purpose of the offender is to Deliver
detains, or a person without him to the proper authorities; and
Page 233 of 305
3. Arrest or detention is Not authorized by
Unlawful Arbitrary Delay in
law or there is no reasonable ground
Arrest Detention Delivery of
therefor.
[Art. 269] [Art. 124] Detained
Persons
Offender
[Art. 125]
The offender may be a private individual or a
public officer but the public officer must not be authorized ground proper
vested with the authority to arrest or be acting by law although the judicial
in his official capacity [REYES, Book 2]. offender has authority
authority to within a
Arbitrary Detention v. Unlawful Arrest v. make arrests certain
Delay in the Delivery of Detained Persons period
Unlawful Arbitrary Delay in [REYES, Book 2]
Arrest Detention Delivery of
[Art. 269] [Art. 124] Detained
SECTION 2. Kidnapping of Minors
Persons
[Art. 125]
d. Article 270 - Kidnapping and Failure
As to Offender to Return a Minor
Elements [ED]:
Any person Public Officer 1. Offender is Entrusted with the custody of
minor person (under 18 years of age)
As to Purpose of the Offender 2. He Deliberately fails to restore the said
minor to his parents or guardians
Intention to No intention Intention to
When Offender is a Parent
bring the to bring the bring the
The penalty if the offender is a parent, is that
offender to offender to offender to
provided in Art. 271 which is arresto mayor
the proper the proper the proper
[REYES, Book 2].
authority authorities. authority and
and file a Intention is file a case
Failure to Return a Minor included in
case merely to
Kidnapping and Serious Illegal Detention
detain him.
The deliberate failure to return a minor under
As to the Classification one’s custody constitutes deprivation of liberty.
Kidnapping and failure to return a minor is
necessarily included in kidnapping and serious
Crime Crime Against Fundamental illegal detention of a minor under Article 267(4)
against Law of the State [People v. Generosa, G.R. No. L-69236
Liberty (1986)].
Cause for Detention Failure to Return Minor v. Serious Illegal

Detention
Detention is without legal Detention is Failure to Return Kidnapping and
ground for some a Minor Serious Illegal
legal ground [Art. 270] Detention of
Minors [Art. 267]
How Crime is Committed
As to Offender
By making By detaining By failing to
an arrest a person deliver such Offender is Offender is not
not without legal person to the entrusted with the entrusted with the
Page 234 of 305

guardian, and it is not necessary that the minor
Failure to Return Kidnapping and
actually abandons the home [REYES, Book 2].
a Minor Serious Illegal
[Art. 270] Detention of
Parents may Commit the Crime
Minors [Art. 267]
Father or mother may commit the crimes in Art.
custody of the minor custody of the minor. 170 and 171 where they are living separately
and the custody of the minor children is given
Hence, where a to one of them [REYES, Book 2].
minor child was
taken without the SECTION 3. Slavery and Servitude
knowledge and
consent of his f. Article 272 - Slavery
parents, the crime is
kidnapping and Elements [PuSeKiDe-E]:
serious illegal 1. Offender Purchases, Sells, Kidnaps or
detention under Detains a human being; and
Article 267 [People 2. Purpose of the offender is to Enslave
v. Mendoza, G.R. such person.
No. 180501 (2008)].
As to Act Punished The penalty is increased if the purpose of the
offender is to assign the offended party to some
What is punished is What is punished is immoral traffic [REYES, Book 2].
the deliberate failure the illegal detaining
of the offender or kidnapping of the g. Article 273 - Exploitation of Child
having custody of minor Labor
the minor to restore
him to his parents or Elements [RAD]:
guardians 1. Offender Retains a minor in his
services;
2. It is Against the will of the minor; and
e. Article 271 - Inducing a Minor to 3. It is under the pretext of reimbursing
Abandon His Home himself of a Debt incurred by an
ascendant, guardian or person
Elements [MI]: entrusted with the custody of such
1. Minor (under 18) is living in the home of minor.
his parents or guardians or the person
entrusted with his custody; and h. Article 274 - Services Rendered
2. Offender Induces said minor to Under Compulsion in Payment of Debt
abandon such home.
Elements [HoLA-Pay]:
Requisites of Inducement 1. Offender compels a debtor to work for
Inducement must be: [AID] him, either:
1. Actual;
a. As a Household servant; or
2. Committed with criminal Intent; and b. Farm Laborer;
3. Determined by a will to cause Damage 2. It is Against the debtor’s will
[REYES, Book 2]. 3. Purpose is to require or enforce
Payment of a debt
Minor Need Not Actually Abandon his Home
The minor should not leave his home of his own
free will. What constitutes the crime is the act
of inducing a minor to abandon the home of his
Page 235 of 305

Service under Compulsion v. Exploitation 3. Failing to deliver a Child, under seven
of Child Labor years of age, whom the offender has
found abandoned, to the authorities or
to his family, or by failing to deliver him
Service under Exploitation of
to a safe place.
Compulsion Child Labor
[Art. 274] [Art. 273]
Elements of the First Punishable Act
As to the Victim [UWWF]:
1. Place is Uninhabited;
2. Accused found there a person Wounded or
Does not distinguish Victim must be a in danger of dying;
whether or not the minor 3. Accused can render assistance Without
victim is a minor detriment to himself; and
4. Accused Fails to render assistance.
As to the Person Compelled to Work Uninhabited Place
Whether a place is to be considered
The debtor himself The minor is uninhabited or not depends on the possibility of
is the one compelled compelled to render a person receiving assistance from another.
to work for the services for the The place may still be considered uninhabited
offender supposed debt of even if there are many houses around if the
his parents or possibility of receiving assistance is remote.
guardian
Notes:
● This provision does not apply when the
As to Nature of Work offender intentionally wounds another
[REYES, Book 2].
● The child under 7 years old must be found in
Limited to household Service is not limited
work or farm labor an unsafe place [Id].
● It is immaterial that the offender does not
know that the child is under seven [Id].
2. Chapter 2: Crimes Against
Security b. Article 276 - Abandoning a Minor
Elements [CSAN]:
SECTION 1. Abandonment of Helpless 1. Offender has the Custody of a child;
Persons and Exploitation of Minors 2. Child is under Seven years of age;
3. He Abandons such child; and
a. Article 275 - Abandonment of 4. He has No intent to kill the child when
Persons in Danger and Abandonment the latter is abandoned.
of Own Victim
Qualifying Circumstances [DD]:
1. When the Death of the minor resulted
Punishable Acts [UAC]
from such abandonment; or
1. Failing to render assistance to any
2. If the life of the minor was in Danger
person whom the offender finds in an
because of the abandonment.
Uninhabited place, wounded or in
danger of dying when he can render
Abandonment
such assistance without detriment to
Permanent, conscious and deliberate
himself, unless such omission shall
abandonment is required. Abandonment is not
constitute a more serious offense.
the momentary leaving of a child but is a
2. Failing to help or render assistance to
deprivation of care and protection from danger
another whom the offender has
Accidentally wounded or injured;
Page 236 of 305
to his person [People v. Bandian, G.R. No. Notes:
45186 (1936)]. • Termination of obligation to educate
children – such obligation terminates if the
No Presumption of Intent to Kill mother and children refuse without good
reason to live with the accused [People v.
The ruling that the intent to kill is presumed Miraflores, C.A.-G.R. No. 43384].
from the death of the victim of the crime is • Failure to give education must be due to
applicable only to crimes against persons, and deliberate desire to evade such obligation
not to crimes against security, particularly the – if the parents cannot give education
crime of abandoning a minor under Art. 276 because they had no means to do so, then
[REYES, Book 2]. they will not be liable under this article
[REYES, Book 2].
Loss of Parental Authority
If the offender is the parent of the minor who is
abandoned, he shall be deprived of parental Abandonment of Minor by Person
authority [Art. 332, NCC]. Entrusted with Custody v. Abandonment of
a Minor
c. Article 277 - Abandonment of Minor Abandonment by Abandonment of
by Person Entrusted With Custody; Person Entrusted Minor [Art. 276]
Indifference of Parents with Custody
[Art.277]
Punishable Acts [DEd]:
As to Custody of the Offender
1. Delivering a minor to a public institution or
other persons without the consent of the Custody specific to Custody in general
one who entrusted such minor to the care the rearing or
of the offender or, in the absence of that education of the
one, without the consent of the proper child
authorities;
Elements [RedC]: As to Age of the Minor

a. Offender was in charge of the Rearing
Minor must be under Minor must be under
or education of a minor;
18 7
b. He Delivers said minor to a public
institution or other persons; and As to Act of Abandonment
c. No Consent was obtained from the
one who entrusted such child to the Minor is delivered to Minor is abandoned
offender; or if such person is absent, a public institution or in such a way as to
the proper authorities have not other person deprive him of care
consented to it. and protection
2. Neglecting his (offender’s) children by not

giving them the Education which their d. Article 278 - Exploitation of Minors
station in life requires and financial
condition permits Punishable Acts [DEDDI]:
Elements [PES]: 1. Causing any boy or girl under 16 years

a. Offender is a Parent; of age to perform any Dangerous feat
b. He neglects his children by not giving of balancing, physical strength or
them Education; and contortion, the offender being any
c. His Station in life requires such person;
education and his financial condition 2. Employing children under 16 years of
permits it. age who are not the children or
Page 237 of 305

descendants of the offender in
As to Age of Victim
Exhibitions of acrobat, gymnast, rope-
walker, diver, or wild-animal tamer, the Victim is under 16 Victim is a minor
offender being an acrobat, etc., or years or 12 years of (below 18 years of
circus manager or engaged in a similar age age)
calling;
3. Employing any Descendant under 12 [REYES, Book 2]
years of age in dangerous exhibitions
enumerated in the next preceding Summary of Ages of Minors
paragraph, the offender being engaged
in any of the said callings; Minor is one who is:
4. Delivering a child under 16 years of age 1. Below 18 years of age
gratuitously to any person following any ● Kidnapping and Failure to Return a
of the callings enumerated in mode 2, Minor [Art. 270]
or to any habitual vagrant or beggar, ● Abandonment of Minor Entrusted
the offender being an ascendant, with His Custody; Indifference of
guardian, teacher or person entrusted Parents [Art. 277]
in any capacity with the care of such ● Swindling a Minor [Art. 317]
child; and
5. Inducing any child under 16 years of 2. Below 16 years of age
age to abandon the home of its ● Exploitation of Minors (Pars. 1, 2, 4
ascendants, guardians, curators or and 5) [Art. 278]
teachers to follow any person engaged
in any of the callings mentioned in 3. Below 12 years of age
paragraph 2 or to accompany any ● Exploitation of Minors (Par. 3) [Art.
habitual vagrant or beggar, the 278]
offender being any person.
4. Below 7 years of age
Qualifying Circumstances: ● Abandoning a Minor [Art. 276]
Delivery of the child in consideration of any ● Abandonment of helpless persons in
price, compensation, or promise [Art. 278, danger and abandonment of one’s
RPC]. own victim (Par 3) [Art. 275(3)]
Other Effects if Offender is Convicted:

1. Guardian or Curator – shall be e. Article 279 – Additional Penalties
removed as such. for Other Offenses
2. Parents – may be deprived of their
parental authority, temporarily or Other Penalties may be Imposed
perpetually, at the court’s discretion The penalties prescribed in Art 275-278 shall
[Art. 278, RPC]. not prevent the imposition of penalties under
other provisions of the RPC upon the same
Exploitation of Minors v. Inducing a Minor offender.
to Abandon his Home
Exploitation of Inducing a Minor to SECTION 2. Trespass to Dwelling
Minors [Art. 278, Abandon His Home
par. 5] [Art. 271] f. Article 280 - Qualified Trespass to
Dwelling
As to Purpose
Elements [PEW]:
Purpose is to follow Purpose is to simply 1. Offender is a Private person;
any person engaged induce the minor to 2. He Enters the dwelling of another; and
in any of the callings leave his home. 3. Such entrance is against the latter’s
mentioned Will.
Page 238 of 305

Qualifying Circumstance: Crime Committed if a Person is Killed
Offense is committed by means of violence or If a person was killed after trespass by the
intimidation. offender, the following crimes are committed:
1. If there was no intent to kill when he
Dwelling Place entered: separate crimes of homicide or
The place that a person inhabits. It is any murder qualified by trespass to dwelling.
building or structure exclusively devoted for 2. If there was intent to kill when he entered:
rest and comfort. It includes the dependencies the crime is homicide/murder with dwelling
which have interior communication with the as an aggravating circumstance [REYES,
house [REYES, Book 2]. Book 2].
It is not necessary that it be the permanent Owners may be Guilty of Trespass

dwelling of the person. A person’s room in a Trespass may be committed by the owner of a
hotel may be considered a dwelling. It also dwelling (i.e., lessor enters the house leased to
includes a room where one resides as a another against the latter’s will) [People v.
boarder [REYES, Book 2]. Almeda et al., G.R. No. L-507 (1945)].
Authority to Invite into House What is Not Considered Trespass [PSC]:

All members of a household are presumed to 1. Entrance to another’s dwelling made
have authority to extend an invitation to enter for the purpose of Preventing some
the house [U.S. v. Dulfo, G.R. No. 4133 serious harm to himself, the occupants
(1908)]. of the dwelling, or a third person.
2. If the purpose is to render some
Prohibition Required Service to humanity or justice.
General Rule: Prohibition must be in existence 3. If the place where entrance is made is
prior to or at the time of entrance. The entrance a Café, tavern, inn, and other public
must be against the presumed, or implied, or house, while the same are open.
express prohibition of the occupant. Lack of
permission does not amount to prohibition Violation of Domicile v. Trespass to
[People v. De Peralta, G.R. No. 17332 (1921)]. Dwelling
Violation of Trespass to
Exception: Prohibition is not necessary when
Domicile [Art. 128] Dwelling [Art. 280]
violence or intimidation is employed by the
offender (qualified trespass) [REYES, Book 2]. Classification
Violence or intimidation may take place Crimes against Crime against

immediately after the entrance [U.S. v. Arceo, Fundamental Laws Security
G.R. No. 1491 (1904)] of the State
Implied Prohibition As to Offender

1. If the entry is made by a way not
intended for entry, it is presumed to be Public officer or Private individual
against the will of the occupant employee, not
(example, entry through a window) authorized by any
[REYES, Book 2]. judicial order
2. When one enters the dwelling of
another at late hour of the night after As to Manner of Commission
the occupants have retired and closed
their doors does so against their will. 1. Entering the Entering the dwelling
Prohibition is presumed [U.S. v. dwelling against against the will of
Mesina, G.R. No. 6717 (1911); U.S. v. the will of the the owner.
Panes, G.R. 7987 (1913)]. owner
2. Surreptitiously
Page 239 of 305

Violation of Trespass to Qualified Trespass Other Forms of

Domicile [Art. 128] Dwelling [Art. 280] to Dwelling [Art. Trespass [Art. 281]
280]
entering the
swelling and As to Act Punished
refusing to leave
after being Entering the dwelling Entering the closed
required to do against the will of premises or the
so. the owner fenced estate
without securing the
permission of the
g. Article 281 - Other Forms of owner or caretaker.
Trespass
As to Prohibition
Elements [CUMN]:
1. Offender enters the Closed premises or Prohibition to enter Prohibition to enter
the fenced estate of another; is express or implied must be manifest
2. Entrance is made while either of them [REYES, Book 2]
is Uninhabited;
3. Prohibition to enter is Manifest; and
SECTION 3. Threats and Coercion
4. Trespasser has Not secured the
permission of the owner or the
caretaker thereof. h. Article 282 - Grave Threats
Premises Punishable Acts [AWC]:

“Premises” signifies distinct and definite 1. Threatening another with the infliction
locality. It may mean a room, shop, building or upon his person, honor or property or
definite area, but in either case, locality is fixed that of this family of any wrong
[REYES, Book 2]. amounting to a crime and demanding
money or imposing any other condition,
Qualified Trespass v. Other Forms of even though not unlawful, and the
Trespass offender Attained his purpose;
2. Making such threat Without the
Qualified Trespass Other Forms of offender attaining his purpose; and
to Dwelling [Art. Trespass [Art. 281] 3. Threatening another with the infliction
280] upon his person, honor or property or
that of his family of any wrong
As to Offender amounting to a Crime, the threat not
being subject to a condition.
Offender is a private Offender is any
person person
Elements
As to the Premises Entered Mode 1: Mode 2: Mode 3:
Threatening, Threat w/o Threat of
Offender enters a Offender enters even if not attaining crime
dwelling closed premises or unlawful purpose [TCNN]
fenced estate [TCDA] [TCDN]
As to Place 1. Offender Threatens another person with

the infliction upon the latter’s person, honor
Place entered is Place entered is or property, or upon that of the latter’s
inhabited uninhabited family, of any wrong.
2. Such wrong amounts to a Crime.
Page 240 of 305

Sec. 1(h) of P.D. 1829 (Obstruction of
Justice)
Threatening, Threat w/o Threat of
Threatening the infliction of any wrong upon
even if not attaining crime
another’s person, honor, or property or that of
unlawful purpose [TCNN]
any of his immediate family members or the
[TCDA] [TCDN]
imposition of a condition, whether lawful or
3. There is a Demand for 3. Threat is unlawful, shall be punished as obstruction of
money or that any other Not subject justice when the purpose of such is to prevent
condition is imposed, even to a a person from appearing in the investigation of,
though not unlawful. condition. or official proceedings in criminal cases [Sec
1(h), P.D. No. 1829].
4. Offender 4. Offender
Attains his does Not i. Article 283 - Light Threats
purpose attain his
purpose. Elements [T-N-D-AN]:
1. Offender makes a Threat to commit a
wrong;
Third Type of Grave Threats
2. Wrong does Not constitute a crime;
The third type of grave threats must be serious
3. There is a Demand for money or that
and deliberate; the offender must persist in the
other condition is imposed, even
idea involved in his threats. The threat should
though not unlawful; and
not be made in the heat of anger, because such
4. Offender has Attained his purpose or,
is punished under Art. 285. If the condition is
that he has Not attained his purpose.
not proved, it is grave threats of the third type
[REYES, Book 2].
Note: Blackmailing may be punished under this
article [REYES, Book 2].
Qualifying Circumstance:
If the threat was made in writing or through a
Grave Threats v. Light Threats
middleman, penalties imposed will be that of
the maximum period [REYES, Book 2]. Grave Threats [Art. Light Threats [Art.
282] 283]
Offended Party Need Not be Present
It is not necessary that the offended party was Acts Threatened to be Committed
present at the time the threats were made. It is
sufficient that the threats came to the Act threatened Act threatened does
knowledge of the offended party [REYES, amounts to a crime not amount to a
Book 2]. crime
When Consummated As to Demand for Money

As soon as the threats came to the knowledge
of the offended party [REYES, Book 2].
Demand is not an Demand for
essential element money/imposition of
Commission of Crime Threatened
under mode 3. any condition is an
If there is another crime actually committed or
essential element
the objective of the offender is another crime
whether attained or
and the threat is only a means to commit or a
not.
mere incident to its commission, the threats are
absorbed by the latter [REYES, Book 2]. [REYES, Book 2]
Example: When threats are made and money

or property is demanded on the spot, the crime
may be robbery with intimidation [U.S. v.
Osorio, G.R. No. 6660 (1912)].
Page 241 of 305

j. Article 284 - Bond for Good Behavior If Uttered in Anger
If the threats are directed to a person who is
When a Person is Required to Give Bail absent and uttered in a temporary fit of anger,
Bond the offense is only other light threats [People v.
When the offender threatens another under the Fontanilla, G.R. No. 39248 (1934)].
circumstances mentioned in:
1. Art. 282 (Grave Threats); or Other Light Threats v. Grave/Light Threats
2. Art. 283 (Light Threats). Other Light Threats Grave Threats and
[Art. 285] Light Threats [Arts.
Bond for Good Behavior v. Bond to Keep 282 and 283]
the Peace
Bond for Good Bond to Keep the As to Demand/Condition
Behavior [Art. 284] Peace [Art. 35]
No demand for In certain cases,
As to Applicability to Cases money or condition demand or condition
is imposed is material
Applicable only to Not applicable to As to Threat

grave threats and any particular case
light threats Threat is not Threat is deliberate
deliberate
Effect of Failure to Give
l. Article 286 - Grave Coercions

He shall be He shall be detained
sentenced to for a period not Threats v. Coercion
destierro. exceeding 6 months
(if prosecuted for Threats Coercion
grave/less grave
felony) or not As to Threatened Harm
exceeding 30 days
Threatened harm is Threatened harm
(light felony)
future and must be imminent,
As a Penalty conditional actual, and
immediate
Not a distinct penalty A distinct penalty As to Whom Violence is Directed

[REYES, Book 2] Intimidation is Intimidation is
directed against the directed against the
k. Article 285 – Other Light Threats victim or his family victim only
Punishable Acts [WDACN]

1. Threatening another with a Weapon; Elements
2. Drawing such weapon in a quarrel, Mode 1: Mode 1:
unless it be in lawful self-defense; Preventing Preventing
3. Orally threatening another, in the heat something not something not
of Anger, with some harm constituting Prohibited by Law Prohibited by Law
a Crime, without persisting in the idea [PVN] [PVN]
involved in his threat; and
4. Orally threatening to do another any 1. Offender 1. Offender
harm Not constituting a felony. Prevented another Compelled another
from doing to do something
something not against is will; be it
prohibited by law right or wrong
Page 242 of 305

2. Effected by Violence, threats or Grave Illegal Maltreatment

intimidation Coercion Detention of
[Art. 286] [Art. 267- Prisoners
3. Restraint is Not made under authority of 268] [Art. 235]
law or in the exercise of any lawful right
As to Essential Element
When Prevention is Not Considered
Coercion [REYES, Book 2] Coercion or Actual Maltreatment
1. Interruption of religious worship [Art. prevention confineme related to
132, RPC]. by nt or correction/han
2. Acts tending to prevent the meeting of violence, restraint of dling of
the Assembly and similar bodies. [Art. threats or the person prisoner or to
143, RPC]. intimidation. extort a
3. Violation of parliamentary Immunity. confession or
[Art. 145, RPC]. There is no information
4. Light coercion [Art. 287, RPC]. clear intent
of depriving
When Compulsion is not Considered of liberty.
Coercion [REYES, Book 2]
1. Expulsion [Art 127, RPC]
[REYES, Book 2]
2. Kidnapping of debtor to compel him to
pay [Art. 267, RPC]
m. Article 287 - Light Coercions
When Consummated
Coercion is consummated even if the offended Elements [CresSViA]:
arty did not accede to the purpose of coercion 1. Offender must be a Creditor;
[U.S. v. Cusi, G.R. No. 3699 (1908)]. 2. He Seizes anything belonging to his
debtor;
Qualifying Circumstances [SRR] 3. Seizure of the thing is accomplished by
1. Violation of the exercise of the right of means of Violence or a display of
Suffrage material force producing intimidation;
2. Compelling another to perform any and
Religious Act 4. Purpose of the offender is to Apply the
3. Preventing another to perform any same to the payment of the debt.
Religious act [REYES, Book 2]
Note: Any other coercion or unjust vexation is
Grave Coercion v. Illegal Detention also punishable under this provision.
Grave Illegal Maltreatment Unjust Vexation

Coercion Detention of It includes any human conduct which, although
[Art. 286] [Art. 267- Prisoners not productive of some physical or material
268] [Art. 235] harm would, however, unjustifiably annoy or
vex an innocent person [REYES, Book 2].
As to Offender
Grave Coercion v. Unjust Vexation
Any person Private Public Officer
individual or employee Grave Coercion Unjust Vexation
[Art. 286] [Art. 287]
As to Offended Party
As to Violence and Intimidation
Offended party is not a Offended party
prisoner is a prisoner There is violation There is no violence
and intimidation or intimidation
[REYES, Book 2]
Page 243 of 305
Light Coercion v. Robbery v. Estafa Elements [TON]:
a. Offender (employer) pays the wages
Light Robbery Estafa by
due a laborer or employee by means of
Coercion [Art. 294] Means of
Tokens or object;
[Art. 287] Deceit
b. Those tokens or Objects are not the
[Art. 315 (2
legal tender currency of the
& 3)]
Philippines;
Property Value of the Offended has c. Such employee or laborer does Not
seized is property no debt but expressly request that he be paid by
applied to seized is deceit means of tokens or objects.
debt by greater than caused
means of the debt and damage to n. Article 289 - Formation,
violence. violence, him. Maintenance, and Prohibition of
intimidation or Combination of Capital or Labor
use of force through Violence or Threats (repealed
upon things is by Labor Code)
employed
[BOADO] Elements [ViCo]:
1. Offender employs Violence or threats,
n. Article 288 - Other Similar in such a degree as to compel or force
Coercions the laborers or employers in the free
and legal exercise of their industry or
Punishable Acts [PT]: work; and
1. Forcing or compelling, directly or 2. Purpose is to organize, maintain or
indirectly, or knowingly permitting the prevent Coalitions of capital or labor,
forcing or compelling of the laborer or strike of laborers or lockout of
employee of the offender to Purchase employers.
merchandise of commodities of any kind
from him; 3. Chapter 3: Discovery and
Revelation of Secrets
Elements [OLP]:
a. Offender is any person, agent or
Officer of any association or
a. Article 290 - Discovering Secrets
corporation; through Seizure of Correspondence
b. He or such firm or corporation has
employed Laborers or employees; Elements [PSDI]:
c. He forces or compels, directly or 1. Offender is a Private individual or a
indirectly, or knowingly permits to be public officer not in the exercise of his
forced or compelled, any of his or its official function;
laborers or employees to Purchase 2. He Seizes the papers or letters of
merchandise or commodities of any another;
kind from him or from said firm or 3. Purpose is to Discover the secrets of
corporation. such another person; and
4. Offender is Informed of the contents of
2. Paying the wages due his laborer or the papers or letters seized.
employee by means of Tokens or object
other than the legal tender currency of the Note: Discovering secrets through seizure of
Philippines, unless expressly requested by correspondence cannot be committed through
such laborer or employee. negligence [REYES, Book 2].
Persons Not Covered by Art. 290

Provision is not applicable to parents,
guardians, or persons entrusted with the
Page 244 of 305
custody of minors placed under their care or
functions
custody, and to the spouses with respect to the
papers or letters of either of them [Id].
Offender reveals the contents to a third person
[Id] . As to Where Secrets are Contained
b. Article 291 - Revealing Secrets with Papers or No specific No specific

letters of medium. medium.
Abuse of Office
another What is The
necessary is offender
Elements [MES-L-R]:
that the learns of
1. Offender is a Manager, Employee or
offender the secret
Servant;
learns of the by reason
2. He Learns the secrets of his principal or
secret by of her or his
master in such capacity; and
reason of his employment
3. He Reveals such secrets.
office .
Damage Immaterial As to Revelation of Secrets
An employee, manager, or servant who reveals
the secret of his master or principal shall be
liable regardless of the damage suffered by the Secrets need Secrets must be revealed
principal or master [REYES, Book 2]. not be
revealed.
Secrets Learned in the Course of
Employment
c. Article 292 - Revelation of Industrial
Essence of this crime is that the offender
learned of the secret in the course of his Secrets
employment. With the reason being that no one
has a right to the personal privacy of another Elements:
[Id]. 1. Offender is a person in charge,
employee or workman of a
Discovering Secrets through Seizure of manufacturing or industrial
Correspondence v. Public Officer Revealing establishment;
Secrets of Private Individual v. Revealing 2. The manufacturing or industrial
Secrets with Abuse of Office establishment has a Secret of the
industry which the offender has
Discovering Public Revealing learned;
Secrets Officer Secrets 3. Offender Reveals such secrets; and
through Revealing with Abuse 4. Prejudice is caused to the owner.
Seizure of Secrets of of Office
Correspond Private [Art. 291] Notes:
ence Individual • Secrets must relate to manufacturing
[Art. 290] [Art. 230] processes [REYES, Book 2]
• The revelation of the secret might be made
As to Offender even after the employee or workman had
ceased to be connected with the
Private Public Officer Manager,
establishment [Id.].
Individual or Employee
Public or Servant
Officer not in serving a
the exercise Principal or
of is Master
official
Page 245 of 305
4. Chapter 4: Special Penal Law 4. Libel. — The unlawful or prohibited acts of
libel as defined in Art. 355 of the RPC, as
amended, committed through a computer
a. Cybercrime Prevention Act of 2012 system or any other similar means which
(R.A. 10175) may be devised in the future [Sec. 4, R.A.
10145].
Cybercrime Offenses [Sec. 4]
Other Offenses [Sec. 5]
1. Cybersex. — The willful engagement,
maintenance, control, or operation, directly 1. Aiding or Abetting in the Commission of
or indirectly, of any lascivious exhibition of Cybercrime. – Any person who willfully
sexual organs or sexual activity, with the abets or aids in the commission of any of
aid of a computer system, for favor or the offenses enumerated in this Act shall
consideration. be held liable.
2. Child Pornography. — The unlawful or 2. Attempt in the Commission of

prohibited acts defined and punishable by Cybercrime. — Any person who willfully
R.A. 9775 or the Anti-Child Pornography attempts to commit any of the offenses
Act of 2009, committed through a computer enumerated in this Act shall be held liable.
system: Provided, That the penalty to be [Sec. 5, R.A. 10145]
imposed shall be (1) one degree higher
than that provided for in R.A. 9775.
J. CRIMES AGAINST
3. Unsolicited Commercial
Communications. — The transmission of PROPERTY
commercial electronic communication with
the use of computer system which seek to 1. Chapter I: Robbery in General
advertise, sell, or offer for sale products
and services are prohibited unless: a. Article 293 – Who Are Guilty of
a. There is prior affirmative consent from
the recipient; or
Robbery
b. The primary intent of the
Classifications of Robbery [ViFo]
communication is for service and/or
1. Robbery with Violence against, or
administrative announcements from
intimidation of persons (Arts. 294, 297
the sender to its existing users,
& 298); and
subscribers or customers; or
2. Robbery by use of Force upon things
c. The following conditions are present:
(Art. 299 & 302) [REYES, Book 2]
i. The commercial electronic
communication contains a simple,
Elements of Robbery in General [PTI-ViFo]:
valid, and reliable way for the
1. There is a Personal property belonging
recipient to reject. receipt of further
to another;
commercial electronic messages
2. There is unlawful Taking of that
(opt-out) from the same source;
property;
ii. The commercial electronic
3. The taking must be with Intent to gain;
communication does not
and
purposely disguise the source of
4. There is:
the electronic message; and
a. Violence against or intimidation of
iii. The commercial electronic
any person; or
communication does not
b. Force used upon things
purposely include misleading
information in any part of the
message in order to induce the
recipients to read the message
Page 246 of 305

There is a Personal Property Belonging to Elements of “Personal Property belonging
Another to Another” and “Intent to Gain” must
concur:
Rules: 1. If the accused, with intent to gain, took from
a. Property taken must be personal – if another, personal property which turned
real property/right is the one usurped, the out to be his own property, the property
crime is usurpation under Art. 312 not belonging to another, he cannot be held
[REYES, Book 2]. liable for robbery
b. Prohibitive articles may be the subject 2. If he took personal property from another,
of a Robbery - example: Opium [U.S. v. believing that it was his own property,
Sana Lim, G.R. No. 9604, (1914)] but in reality it belonged to the offended
c. Person from whom the personal party, there being no intent to gain, he
property taken need not be the owner - cannot be held liable for robbery [Id].
possession of the property is sufficient
[REYES, Book 2].
d. Co-owner or Partner cannot commit 1. There is:
Robbery – following the rule that property a. Violence against or intimidation of any
stolen must belong to another; a co-owner person; or
or partner cannot commit robbery with b. Force used upon things.
regard to the co-ownership or partnership
property [Id]. General Rule: Violence or intimidation must be
present before the taking of personal property
There is Unlawful Taking of that Property is complete.
Taking. Depriving the offended party of Exception: When violence results in:
ownership of the thing taken with the character 1. Homicide;
of permanency [Bernal v. CA, G.R. No. L- 2. Rape;
32798 (1988)]. 3. Intentional mutilation; or
4. Any of the serious physical injuries
Unlawful taking is complete: penalized in pars.1 and 2 of Art. 263;
1. As to Robbery with Violence against
or Intimidation of Persons – From the Taking of personal property is robbery
moment the offender gains possession complexed with any of those crimes under
of the thing, even if the culprit had no Art. 294, even if the taking was already
opportunity to dispose the same. complete when the violence was used by the
2. As to Robbery with Force Upon offender.
Things – The thing must be taken out of
the building to consummate the crime Violence must be Against the Person
[Id]. Offended
When Crime is Estafa and not Robbery The violence must be against the person of the
If the thing is lawfully seized and the idea of offended party, not upon the thing taken
misappropriating it is conceived only after it [REYES, Book 2].
came into their possession, the crime
committed would be estafa [U.S. v. Sana Lim, Violence Against or Intimidation of Persons
supra]. v. Force Upon Things
The Taking Must be With Intent to Gain Violence Against

or Intimidation of Force Upon Things
Intent to Gain is Presumed Persons
Intent to gain is presumed from the unlawful
taking of personal property belonging to As to Effect
another, unless taken with the belief that it was
his own [REYES, Book 2].
Page 247 of 305
Violence Against SECTION 1. Robbery With Violence
or Intimidation of Force Upon Things Against or Intimidation of Persons
Persons
Whenever violence There is robbery b. Article 294 – Robbery with Violence
against or only if force is used or Intimidation of Persons
intimidation of any to: [EBF]
person is used, the 1. Enter the Punishable Acts [HRIP-UNoV]
taking of personal building;
1. When by reason or on occasion of the
property belonging 2. Break doors,
robbery, the crime of Homicide is
to another is always wardrobes, committed;
robbery chests, or any 2. When the robbery is accompanied by
other kind of Rape or intentional mutilation or arson;
locked or sealed 3. When by reason or on occasion of such
furniture or robbery any of the physical injuries
receptacle inside resulting in Insanity, imbecility,
the building; or impotency or blindness is inflicted;
3. Force them open 4. When by reason or on occasion of
outside after
robbery, any of the Physical injuries
taking the same penalized in Art. 263(2) [Serious
from the building Physical Injuries] is inflicted;
[Art. 299 & 302, a. Loss of the use of speech or the
RPC] power to hear or to smell, or the
As to Basis of Penalty loss of an eye, a hand, a foot, an
arm or a leg; or
Penalty depends on: If committed in an b. Loss of the use of any such
[RIn] inhabited house, member; or
1. Result of the public building, or c. Incapacity for the work in which the
violence used edifice devoted to injured person is theretofore
(e.g., whether religious worship, habitually engaged is inflicted.
homicide, rape the penalty is based 5. If the violence or intimidation employed
or physical on: [VA] in the commission of the robbery is
injuries were 1. Value of the thing carried to a degree clearly
also committed); taken; and Unnecessary for its commission.
and 2. Whether 6. When in the course of its execution, the
2. Existence of offenders carry offender inflicted upon any person Not
Intimidation. Arms responsible for the commission of the
robbery any of the Physical Injuries
Value of the thing covered by Art 263(3 & 4) of the RPC;
taken is immaterial. when the person injured becomes:
[Id] a. Becomes deformed; or
b. Loses any other member of his
Effect When Both Violence or Intimidation body; or
and Force Upon Things are Present c. Loses the use thereof; or
When the offender takes personal property d. Becomes ill or incapacitated for the
belonging to another with intent to gain and performance of the work in which
employs violence against or intimidation on any he is habitually engaged for labor
person, the crime is robbery with violence for more than 90 days; or
against or intimidation of persons, even if e. Becomes ill or incapacitated for
the robbery was committed after the offender labor for more than 30 days, but not
had entered the same through a window, or more than 90 days.
after breaking its door or wall [REYES, Book 2]. 7. If the Violence employed by the
offender:
Page 248 of 305

a. Does not cause any of the serious one and indivisible felony of robbery with
physical injuries defined in Art. 263, homicide [Id.].
or
b. If the offender employs intimidation When Not Complexed
only. In the following instances, there will be two
separate crimes of homicide or murder and
Note: The crime defined in this article is a robbery [Id.]:
special complex crime [REYES, Book 2]. 1. When homicide was not committed by
reason of or on occasion of the robbery
This article only applies where robbery with 2. When intent to take was merely an
violence against or intimidation of persons afterthought; such as when the idea of
takes place without entering an inhabited taking the personal property of another with
house under the circumstances in Art. 299 intent to gain came to the mind of the
(Robbery in an Inhabited House or Public offender after he had killed the victim.
Building). However, homicide may precede
robbery or may occur after the robbery.
“(W)hen the elements of both provisions (Arts. What is essential is that there be a direct
294 and 299) are present, that the crime is a and intimate relation/connection between
complex one, calling for the imposition as the robbery and killing, provided that the
provided in Art. 48 of said Code of the penalty taking is not merely an afterthought
for the most serious offense, in its maximum [REYES, Book 2].
period xxx” [Napolis v. CA, G.R. No. L – 28865
(1972)]. There is Robbery with Homicide even if:
1. The killing is done to suppress evidence,
Special Complex Crimes Under Art. as long as the robbery is “the reason” of the
294: homicide [People v. Madrid, G.R. No. L-
3023 (1951)].
1. Robbery with Homicide 2. The death of a person supervened by mere
accident [People v. Mangulabnan, G.R.
Homicide - is to be understood in its generic No. L-8919 (1956)].
sense as to include parricide and murder 3. The person killed was a bystander and not
[REYES, Book 2]. the person robbed [People v. Barut, G.R.
No. 179943 (2009)].
Robbery must be the Main Purpose
A conviction for robbery with homicide requires Covers Multiple Killings
certitude that the robbery was the main The concept of robbery with homicide does not
purpose and objective of the criminals and that limit the taking of life to one single victim.
the killing was merely incidental, resulting
merely by reason or on the occasion of the All the homicides or murders are merged in
robbery [People v. Salazar, G.R. No. 99355, the composite, integrated whole, so long as
(1997)]. all the killings were perpetrated by reason or on
the occasion of the robbery [People v. Madrid,
“By reason or on occasion of the robbery” supra.
Means that the homicide or serious physical
injuries must be committed in the course or All Participants Are Principals
because of the robbery. Otherwise, they shall General Rule: All those who took part as
be separate offenses [REYES, Book 2]. principals in the robbery would also be held
liable as principals of the single and indivisible
Absorption of Other Felonies Committed felony of robbery with homicide
All the felonies committed by reason of or on
the occasion of the robbery (e.g., rape, Exception: When it clearly appears that one or
intentional mutilation, etc.) are integrated into some of them endeavored to prevent the same.
[People v. Hernandez, G.R. No. 139697
(2004)]
Page 249 of 305
before, during or after the robbery [People v.
Notes: There is no crime of robbery with Seguis, G.R. No. 135034 (2001)].
murder. If treachery is present, it shall be
considered as a generic aggravating Note: Additional acts of rape committed on
circumstance [People v. Abang, G.R. No. L- same occasion of robbery will not increase the
14623 (1960)]. penalty, also they shall neither be considered
aggravating circumstances [REYES, Book 2].
Robbery with Homicide v. Highway
Robbery Rape as an Aggravating Circumstance
Robbery with Highway Robbery When Rape and Homicide co-exist in the
Homicide [Art. 294] [PD 532] commission of Robbery, Rape is considered as
an aggravating circumstance [People v. Ganal,
As to the Proof Required for Conviction G.R. No. L-1990 (1950)].
Conviction for Conviction for All Participants are Principals

robbery with highway robbery Based on the concept of conspiracy, all
homicide merely requires proof that robbers may be held liable for robbery with
requires proof that several accused rape even if not all of them committed the crime
the homicide was were organized for of rape [People v. Balacanao, G.R. No. 118133
committed by the purpose of (2003)].
reason or on the committing it
occasion of a indiscriminately. 3. Robbery with Arson
robbery
[REYES, Book 2] In robbery with arson, it is essential that the
robbery precedes the arson.
2. Robbery with Rape There must be an intent to commit robbery, and
no killing, rape or intentional mutilation should
Like in robbery with homicide, the offender be committed in the course of the robbery, or
must have the intent to take the personal else arson will only be considered as an
property belonging to another with intent to aggravating circumstance [BOADO].
gain, and such intent must precede the rape
[REYES, Book 2]. 4. Robbery with Serious Physical
Injuries
Note: Even if the rape was committed in
another place, it is still robbery with rape [U.S. Any injuries not under Art. 263 or not serious in
v. Tiongco, G.R. No. L-12270 (1918)]. nature will fall under a Simple Robbery
[REYES, Book 2].
Rape may be Committed before taking the
Personal Property In Robbery with Unnecessary Violence and
They intention of the culprits from the Intimidation under par. 4, the Violence need
beginning was to take personal property. Even not result in Physical Injuries; all that Art. 294
if the rape was committed before the taking, requires is that the violence be unnecessary for
they are guilty of robbery with rape [People v. the commission of the robbery [Id.].
Canastre, G.R. No. L-2055 (1948)].
5. Simple Robbery
No Crime of Robbery with Attempted Rape
Art. 294, par. 2, which punishes robbery with Under Par. 5 or Simple Robbery, this involves
rape (consummated) does not cover robbery slight or less serious physical injuries, which
with attempted rape [REYES, Book 2]. are absorbed in the crime of robbery as an
element thereof [REYES, Book 2].
Covers Multiple Rapes
All rapes are merged in the composite
integrated whole that is robbery with rape and
it does not matter whether the rap occurred
Page 250 of 305
Note: Violence or intimidation may enter at any performance of an
time before the owner is finally deprived of his act
property [Id.]. [REYES, Book 2]
Threats to Extort Money v. Robbery through c. Art. 295 – Robbery with Physical
Intimidation
Injuries Committed in an Uninhabited
Threats to Extort Robbery Through Place and by a Band or With the Use
Money Intimidation of a Firearm on a Street, Road or Alley
[Art. 282] [Art. 294]
Qualified Robbery with Violence Against
As to the Nature of the Intimidation or Intimidation of Persons (Art. 294 par. 3,
Conditional or future Actual and 4 and 5):
Immediate
If committed [U-BAES]:
As to How Intimidation is Done 1. In an Uninhabited place, or
May be through an Personal 2. By a Band, or
Intermediary 3. By Attacking a moving train, street car,
motor vehicle, or airship, or
As to Whom Intimidation is Directed 4. By Entering the passengers’
May refer to the directed only to the compartments in a train, or in any
person, honor or person of the victim manner taking the passengers thereof by
property of the surprise in the respective conveyances;
offended party or or
that of his family 5. On a Street, road, highway, or alley, and
the intimidation is made with the use of
As to the Culprit’s Gain Firearms
Note: Above circumstances must be alleged in
Gain is not Gain is immediate
the information. Moreover, these five (5)
immediate
qualifying circumstances cannot be offset by a
generic mitigating circumstance [REYES, Book
a. Robbery v. Bribery 2].
Uninhabited place
Robbery Bribery One where there are no houses at all, a place
[Arts. 293 & 294] [Art. 210-211-A] at a considerable distance from the town, or
where the houses are scattered at a great
As to the Manner of Commission distance from each other [REYES, Book 1].
Victim is deprived of Victim voluntarily Imposable Penalty

his personal parts with his money Offender found liable under this article shall be
property by or property. punished by the maximum periods of the
violence, proper penalties in Art. 294 [Id].
intimidation or force
upon things. d. Art. 296 - Definition of a Band and
As to Purpose of Deprivation of Property Penalty Incurred by the Members
Offender simply Money or gift thereof
intends to gain. obtained by the
person bribed was Rule [4-AP]:
meant as 1. When at least 4 (more than 3) armed
consideration for the malefactors take part in the commission of
agreement of a robbery, it is deemed committed by a
performance or non- band.
Page 251 of 305

2. When any of the Arms used in the e. Article 297 – Attempted and
commission of robbery is not licensed, Frustrated Robbery Committed under
penalty upon all the malefactors shall be Circumstances
the maximum of the corresponding
penalty provided by law, without prejudice Elements [AF-H]:
to the criminal liability for illegal possession
1. There is Attempted or Frustrated robbery
of such firearms.
2. A Homicide is committed on the same
3. Any member of a band who was present at occasion
the commission of a robbery by the band,
shall be punished as Principal of any of Homicide in its Generic Sense
the assaults committed by the band, unless
Homicide under Art. 297 is used in its generic
it be shown that he attempted to prevent the
sense and includes multiple homicides,
crime.
murder, parricide, or even infanticide [REYES,
Book 2].
Requisites for Liability for the Acts of Other
Members [MPAP]:
Imposable Penalty:
1. He was a Member of the band.
2. He was Present at the commission of a
General Rule: Reclusion temporal in its
robbery by that band.
maximum period to reclusion perpetua.
3. Other members of the band committed an
Assault.
Exception: If the homicide deserves a higher
4. He did not attempt to Prevent the assault.
penalty. Thus, in an attempted or frustrated
robbery, and the killing of the victim is qualified
Note: Conspiracy is presumed when robbery is
by treachery or relationship, the proper penalty
committed by band [REYES, Book 2].
for murder or parricide shall be imposed
because it is more severe [id].
No Crime of “Robbery with Homicide in a
Band”
If Homicide is not Consummated, the
If the robbery with homicide is committed by a
crimes of Robbery and Attempted or
band, the indictable offense would still be
Frustrated Homicide:
denominated as “robbery with homicide” under
1. May be Considered as separate crimes;
Art. 294(1), but the circumstance that it was
2. May be Complexed (Art. 48)
committed by a band would be appreciated as
3. May be considered as one crime, one
an ordinary aggravating circumstance [Id].
crime being absorbed by the other
[REYES, Book 2]
Use of Loose Firearm
The use of a loose firearm, when inherent in
Attempted or Frustrated Robbery with
the commission of a crime punishable under
Serious Physical Injuries, Art. 48 is
the RPC or other special laws, shall be
Applicable
considered as an aggravating circumstance.
When the offense committed is attempted or
Provided, that if the crime committed with the
frustrated robbery with serious physical
use of a loose firearm is penalized by the law
injuries, Art. 48 (penalty for complex crimes) is
with a max penalty which is lower than that
applicable, since the felony would fall neither
prescribed for illegal possession of firearm, the
under Art. 294 which covers consummated
penalty for illegal possession of firearm shall be
robbery with homicide nor under Art. 297 which
imposed in lieu of the penalty for the crime
covers attempted or frustrated robbery with
charged [Sec. 29, R.A. 10591].
homicide [People v. Villanueva, G.R. No. 2676
(1939)].
Note: Use of an unlicensed firearm by a band
cannot be offset by a generic mitigating
circumstance [REYES, Book 2].
Page 252 of 305

f. Article 298 – Execution of Deeds by away to be broken or forced open
Means of Violence or Intimidation outside. [REYES, Book 2]
Elements [IC-VI]: g. Article 299 – Robbery in an

1. Offender has Intent to defraud another; Inhabited House/Public Building or
2. Offender Compels him to sign, execute, or Edifice Devoted to Worship
deliver any public instrument or document;
and Mode 1: Entering Effected Through Force
3. Compulsion is by means of Violence or
Intimidation. Elements [E-E-T]
1. Offender Entered [EBR]:
Note: a. An inhabited House; or
● "Public" describes the word "instrument" b. Public Building
only. Hence, this article applies even if the c. Edifice devoted to Religious worship
document signed, executed or delivered
is a private or commercial document 2. Entrance was effected by any of the
[REYES, Book 2]. following means [OBFN]:
● Art 298 is not applicable if the document is a. Through an Opening not intended for
void [Id]. entrance or egress;
b. By Breaking any wall, roof, or floor, or
Execution of Deeds by Means of Violence or door or window;
Intimidation v. Grave Coercion c. By using False keys, picklocks or similar
tools; or
Execution of
d. By using any fictitious Name or
Deeds by Means of
Grave Coercion pretending the exercise of public
Violence or
[Art. 286] authority.
Intimidation [Art.
298]
3. Once inside the building, offender Took
personal property belonging to another with
As to the Manner of Commission intent to gain.
Violence is used in Violence is used in
Imposable Penalty
compelling the compelling the
Penalty depends on the value of property taken
offended party to offended party to
and on whether or not offender carries arm.
sign or deliver the sign or deliver the
[REYES, Book 2 citing Art. 299, RPC]
document, with document, without
intent to defraud intent to defraud
Inhabited House v. Public Building
[REYES, Book 2] Inhabited House Public Building
Any shelter, ship or Every building
SECTION 2. Robbery by the Use of vessel constituting owned by the
Force Upon Things the dwelling of one Government or
or more persons belonging to a
Robbery by the use of force upon things is even though the private person but
committed only when either [299-302-N]: inhabitants thereof used or rented by
1. Offender entered a house or building by are temporarily the Government,
any of the means specified in Art. 299 or absent therefrom although temporarily
Art. 302; or when the robbery is unoccupied by the
2. Even if there was No entrance by any of committed. same.
those means, he broke a wardrobe, [REYES, Book 2]
chest, or any other kind of locked or
closed or sealed furniture or receptacle
in the house or building, or he took it
Page 253 of 305

Rules: 2. Offender takes personal property belonging
1. Offender must "enter the house or to another, with intent to Gain, under any of
building in which the robbery is the following circumstances:
committed." The whole body must enter a. Breaking of doors, wardrobes, chests, or
the building or house. Thus, if the offender any other kind of locked or sealed
merely inserted his hand through an furniture or receptacle; or
opening in the wall or used a pole through b. Taking such furniture or objects away to
the window to get the clothes inside the be broken or forced open outside the
room, while the offender remained outside place of the robbery.
the house or building, the crime
committed is theft, not robbery. Notes:
[REYES, Book 2] • Entrance into the building by any of the
2. There must be intention to take means mentioned in 299 (a) is not
personal property. If there is no evidence required in robbery under 299 (b).
to show that the intention of the accused [REYES, Book 2]
was to commit robbery upon entering the • "Door" refers only to "doors, lids, or
building. The crime committed is attempted opening sheets" of furniture or other
trespass to dwelling under Art. 280 (2), portable receptacles — not to inside
RPC [People v. Tayag, G.R. L-40512 doors of a house or building [Id].
(1934)].
3. Means enumerated must be used to There is No Robbery in the following cases:
enter the house. It does not refer to the 1. When the use of false keys was to open a
method used to exit [REYES, Book 2], nor wardrobe from which the offender took
to open a trunk in the house [U.S. v. personal property; Art. 299 (b) requires that
Macamay, G.R. No. 11952 (1917)]. the same be broken, not merely opened
[Id].
False Keys 2. When a person opens by force a certain
The genuine key must be stolen, not taken by locked or sealed receptacle which has
force or with intimidation, from the owner. been confided into his custody and takes
Otherwise, the crime would be robbery with the money contained therein, is guilty of
intimidation of persons [REYES, Book 2]. estafa and not robbery [Id].
Picklocks h. Article 300 - Robbery in an

Picklocks or similar tools are those specially Uninhabited Place and by a Band
adopted to the commission of the crime of
robbery [Art. 304, RPC]. Elements: [RBU]
1. Robbery in an inhabited house, public
Use of Fictitious Names or Pretending to building or edifice devoted to religious
Exercise Authority Must be the Efficient worship
Cause 2. Committed by a Band; and
Using fictitious names or pretending to 3. In an Uninhabited place.
exercise of public authority must be the
efficient cause of the opening by the offended Note: Qualified robbery with violence or
party [REYES, Book 2]. intimidation of persons (Art. 295) is committed
in an uninhabited place OR a band.
Mode 2: Acquisition of Property through
Force i. Article 301 - What is an Inhabited
Elements: [I-GBT]
House, Public Building or Building
1. Offender is Inside a dwelling house, public Dedicated to Religious Worship and
building, or edifice devoted to religious Their Dependencies
worship, regardless of the circumstances
under which he entered it. Inhabited House v. Public Building
[See: Art. 299, RPC]
Page 254 of 305
Dependencies ● Breaking padlock is use of force upon
All interior courts, corrals, warehouses, things [Id].
granaries or inclosed places contiguous to the
building or edifice, having an interior entrance Building
connected therewith, and which form part of Includes any kind of structure used for storage
the whole. [Art. 301(2), RPC] [CIP]: or safekeeping of personal property, ex. freight
1. Contiguous to the building car and warehouse [U.S. v. Magsino, G.R. No.
2. Must have an Interior entrance connected 1339 (1903)].
therewith
3. Form Part of the whole [REYES, Book 2] Use of Fictitious Name or Pretense of
Authority
Note: Orchards and other lands used for The use of fictitious name or pretending the
cultivation or production are not included in the exercise of public authority is not a means of
terms of the next preceding paragraph, even if entering the building under this article, because
closed, contiguous to the building and having the place is uninhabited and no person could
direct connection therewith [Art 301 (3), RPC]. be deceived thereby [Id].
j. Article 302 - Robbery in an Furniture or receptacle here is "sealed or

Uninhabited Place or in a Private closed."
Building The furniture or receptacle here is "sealed or
closed."as opposed to Art. 299, it is either
Elements [U-OBFaSeR-G]: "locked or sealed” [Id].
1. Offender Entered an Uninhabited place or a
When a person who had entered a warehouse,
building which was not a dwelling house,
public building, nor edifice devoted to opened without breaking, a closed but not
locked chest and took therefrom personal
religious worship.
2. That any of the following circumstances was property would be liable for theft [Id].
present:
a. Entrance was effected through an k. Article 303 - Robbery of Cereals,
Opening not intended for entrance or Fruits, or Firewood in an Uninhabited
egress; or Place or Private Building
b. A wall, roof, floor, or outside door or
window was Broken; or Imposable Penalty
c. Entrance was effected through the use In cases enumerated in Arts. 299 and 302, the
of False keys, picklocks or other similar penalty is 1 degree lower when robbery
tools; or consists in the taking of cereals, fruits, or
d. A door, wardrobe, chest, or any Sealed firewood. [REYES, Book 2]
or closed furniture or receptacle was
broken; or Cereals
e. A closed or sealed receptacle was Seedlings which are the immediate product of
Removed, even if the same be broken the soil. The palay must be kept by the owner
open elsewhere. as “seedling” or taken for that purpose by the
3. That with intent to Gain, the offender took robbers [Id].
therefrom personal property belonging to
another. l. Article 304 - Possession of
Picklocks or Similar Tools
Notes:
● The "uninhabited place" mentioned in Art. Elements [PRN]:
302 is a building, because paragraphs 1. Offender possesses Picklocks or similar
Nos. 1 and 3 speak of "entrance," which tools;
necessarily refers to a building [REYES, 2. Such picklock or similar tools are especially
Book 2]. adopted to the commission of Robbery;
and
Page 255 of 305
3. Offender does Not have a lawful cause for
such possession. Note: The robbery must be directed not only
against specific, intended or perceived victims,
Qualifying Circumstance: but against any and all prospective victims [Id].
If the person who makes such tools is a Evidence
locksmith, the penalty is higher. It is highway robbery only when it can be
proven that the malefactors primarily
m. Article 305 - False Keys organized themselves for the purpose of
committing that crime [Ibañez v. People, G.R.
False Keys include [304-GO]: No. 204990 (2017)].
1. Tools mentioned in Art. 304 (picklocks or
other similar tools) Person Considered as an Accomplice [Sec.
2. Genuine keys stolen from the owner. 4, id.]:
3. Any keys Other than those intended by the Any person who knowingly and in any manner:
owner for use in the lock forcibly opened by 1. Aids or Protects pirates or highway
the offender. robbers/brigands, such as:
a. Giving them information about the
Lost or Misplaced movement of police or other peace
A lost or misplaced key found by another and officers of the government, or
not returned to its rightful owner is considered b. Acquires or receives property taken by
as a false key stolen from the owner such pirates or brigands; or
[REGALADO]. c. In any manner derives any benefit
therefrom; and
2. Chapter II: Brigandage 2. Any person who directly or indirectly Abets
the commission of piracy or highway
robbery or brigandage
a. P.D. 532: Anti-Piracy and Anti-
Highway Robbery Law of 1974 Note: It shall be presumed that any person
who does any of the acts provided in this
Highway Robbery/Brigandage Section has performed knowingly, unless
The seizure of any person for ransom, extortion the contrary is proven.
or other unlawful purposes, or the taking away
of the property of another by means of violence b. Article 306 – Brigandage
against or intimidation of person or force upon
things of other unlawful means, committed by Elements: [4B-RKV]
any person on any Philippine Highway [Sec. 1. There be at least 4 armed persons
2(e), PD 532]. 2. They formed a Band of robbers
3. Purpose of formation is to:
Philippine Highway a. Commit Robbery in the highway; or
Refers to any road, street, passage, highway b. Kidnap for the purpose of extortion or to
and bridges or other parts thereof, or railway or obtain ransom; or
railroad within the Philippines used by persons, c. Attain by means of force and Violence
or vehicles, or locomotives or trains for the any other purpose.
movement or circulation of persons or
transportation of goods, articles, or property or Note: If any of the arms carried by the offenders
both [Sec. 2(c), PD 532]. is an unlicensed firearm, all are presumed
highway robbers or brigands [REYES, Book
Elements: [HIC] 2].
1. Robbery takes place along a Philippine
Highway; Arms
2. Act of Robbery must be Indiscriminate, it The arms carried by the members of the band
should not be an isolated case; and of robbers may be any deadly weapon. Thus,
3. Victim was not predetermined. [Abay, Jr. v.
People. G.R. No. 165896 (2008)]
Page 256 of 305
Brigandage may be committed without the use
of a firearm [REYES, Book 2]. Highway Robbery in
Brigandage
Robbery a Band
[Art. 306]
Highway Robbery v. Brigandage [P.D. 532] [Art. 296]
Highway Robbery in Victim is Not Victim is Preconceived.

Brigandage
Robbery a Band Preconceive
[Art. 306]
[P.D. 532] [Art. 296] d.
[REYES, Book 2]
As to Purpose
Indiscriminat 1. Commit To Commit
c. Article 307 - Aiding and Abetting a
ely robbery robbery, but Band of Brigands
commit in a not
robbery in highway necessarily Elements: [BK-AIA]
Philippine 2. Kidnap to in highways. 1. There is a Band of brigands;
highways. extort or 2. Offender Knows the band to be of brigands;
get and
ransom 3. Offender does any of the following acts:
3. Attain a. In any manner Aids, abets or protects
any other such band of brigands; or
purpose b. Gives them Information of the
by force movements of the police or other peace
or officers; or
violence c. Acquires or receives the property taken
by such brigands.
As to the Number of Robberies Note: It is presumed that the person performing
Committed any of the acts provided in Art. 307 has
performed them knowingly, unless the contrary
Indiscriminat To commit To commit a
is proven [Art. 307, RPC].
e, not several particular
isolated. robberies robbery.
3. Chapter III: Theft
As to the Formation of Band
Offenders Offenders must be in a a. Article 308 - Who are Liable for Theft
need not band (i.e., at least 4)
constitute a Summary of Modes of Commission Under
band; a Art. 308:
single Mode Elements
offender may
commit the 1. Offender takes the take
crime. Personal property of
another without the latter’s
As to the Conspiracy among the consent;
Members Mode 1 2. Taking was with Intent to
Mere Mere Mere [PIW] gain; and
conspiracy to formation of conspiracy 3. Taking was Without
constitute is a band for to commit violence against or
not any purpose robbery is intimidation of persons nor
punishable. indicated in not force upon things.
Art. 306 is punishable. 1. Offender found Lost
punishable property; and
Mode 2
2. Fails to deliver the same to
As to the Victim [LF]
the local authorities or to its
owner.
Page 257 of 305
1. Offender maliciously (1990)]. Accordingly, there is no crime of
Damaged the property of frustrated theft [Valenzuela v. People, G.R.
Mode 3 another; and No. 160188 (2007)].
[DR] 2. Removes or makes use of
the fruits or object of the Objects Considered Personal Property:
damage caused by them. 1. Electricity and Gas [U.S. v. Carlos, G.R.
1. Offender entered an No. 6295 (1911)]
Enclosed estate or a field 2. Promissory Notes and checks [People v.
without the consent of its Koc Song, G.R. No. L-45043 (1936)]
owner; 3. Telecommunication or Telephone Service
2. Trespass is Forbidden or [Laurel v. Abrogar, G.R. No. 155076
the enclosed estate or field (2009)]
belongs to Another; and 4. Water [R.A. 8041 or the National Water
Mode 4 3. Hunt or fish upon the same Crisis Act]
[EFAH] or gather fruits, cereals or
other forest or farm Joyride constitutes intent to gain.
products. A joyride in an automobile taken without the
consent of its owner constitutes "taking with
NOTE: Fishing should not be in intent to gain" [People v. Bustinera, G.R. No.,
the fishpond within the field or 148233 (2004)].
estate, otherwise it is Qualified
Theft. [REYES, Book Two] No Theft in Sale of Partner or of Co-owned
[REYES, Book 2] Property
Unlawful disposition of the share belonging to
Theft v. Robbery a partner or a joint owner may be a violation of
a contract and a trespass upon the rights of
Theft Robbery another, but it is not an act constituting the
[Art. 306] [Arts. 293-294] crime of theft [U.S. v. Reyes, G.R. No. 2867,
(1906)].
Presence of Violence
Rationale: Before the dissolution of the
Offender does not There is violence or partnership or the division of the property held
use violence or intimidation or Force in common, no part of the property of the
intimidation of upon things partnership or the property held in common
persons or force truly belongs to a partner or co-owner [REYES,
upon things Book 2].
[REYES, Book 2]
Mode 2: Failure to Return Lost Property
Mode 1: Taking of Personal Property of
The law does not require knowledge of the
Another Without Violence or Intimidation
owner of the lost property [REYES, Book 2].
of Persons or Force upon Things
"Lost property" embraces loss by stealing.
“Without consent”
A finder who fails deliberately to return the thing
Consent contemplated in this element of theft
lost may be considered more blameworthy if
refers to consent freely given and not to one
the loss was by stealing than through some
which may only be inferred from mere lack of
other means [People v. Rodrigo, G.R. No. L-
opposition [REYES, Book 2].
18507 (1966)].
When Consummated
Note: Art. 308 (1) is not limited to actual finder.
Theft is complete from the moment the
[US v. Santiago, G.R. No. L-9375 (1914)]. It
offender had full possession of the thing, even
may include a policeman to whom it is
if he did not have an opportunity to dispose of
entrusted or misappropriated the same [People
the same. [People v. Sevilla, G.R. No. 86163
v. Avila, G.R. No. L-19786 (1923)].
Page 258 of 305
Coconuts and Fish
It is Necessary to Prove: When the coconuts or fish are stolen in any
1. The Time of the seizure of the thing; other place (aside from the plantation or
2. That it was a lost property Belonging to fishpond), it is simple theft [Id].
another; and
3. That the accused had the Opportunity to Receipt and Misappropriation of Teller
return or deliver the lost property to its Bank Teller who received the money and
owner or to the local authorities but appropriated the same for personal gain
refrained from doing so [Id]. committed theft and not estafa because the
teller has no juridical possession, only material,
b. Article 309 - Penalties the theft is qualified due to the confidence
reposed on the teller [Roque v. People, G.R.
The basis of the penalty in theft is: [SPC] No. 138954 (2004)].
1. Value of the thing Stolen;
2. Value and nature of the Property taken; or Timber Smuggling or Illegal Cutting of Logs
3. Circumstances that impelled the culprit to Any person, whether natural or juridical, who
commit the crime [REYES, Book 2]. directly or indirectly cuts, gathers, removes, or
smuggles timber, or other forest products,
c. Article 310 - Qualified Theft either from any of the public forest, forest
reserves and other kinds of public forests,
Theft is qualified if [DoG-MoMCaCoF-Ca]: whether under license or lease, or from any
1. Committed by a Domestic servant; or privately owned forest lands in violation of
2. Committed with Grave abuse of confidence; existing laws, rules and regulation shall be
or guilty of the crime of qualified theft [Sec. 1, PD
3. If the property stolen consists of: 330].
a. Motor vehicle
b. Mail matter Anti-Cattle Rustling Law of 1974 [P.D. 533]
c. Large Cattle
d. Coconuts taken from the premises of a Note: The nature of the penalty imposed by the
plantation; or law is based on the RPC, thus PD 533 is
e. Fish taken from a fishpond or fishery; or deemed an amendment of the RPC [People
4. Property is taken on the occasion of fire, v. Macatanda, G.R. No. L-51368 (1981)].
earthquake, typhoon, volcanic eruption, or
any other Calamity, vehicular accident or Elements [TC]:
civil disturbance. 1. Taking away by any means, method or
scheme; and
Note: Penalties for qualified theft are 2 degrees 2. Of any Large Cattle, without the Consent of
higher than those respectively specified in Art. the owner/raiser [Sec. 2(c), P.D. 533]
309 [Art. 310, RPC].
Notes:
Abuse of Confidence must be Grave. • It is immaterial whether or not for profit or
There must be an allegation that by reason of gain, or whether committed with or without
dependence, guardianship or vigilance, violence against or intimidation of any
between the accused and the offended party, person or force upon things. [Sec. 2(a), Id]
that has created a high degree of confidence • It includes the killing of large cattle or taking
between them, which the accused abused its meat or hide without the consent of the
[People v. Koc Song, supra]. owner/raiser [Sec. 2(a), P.D. 533].
Note: Theft by a housemate is not always Large Cattle

qualified. Living together under the same roof Includes the cow, carabao, horse, mule, ass, or
engenders some confidence, but it is not other domesticated member of the bovine
necessarily grave [Id]. family [Sec. 2(a), P.D. 533].
Page 259 of 305

Presumption of Cattle Rustling. 4. Chapter IV: Usurpation
Failure to exhibit the required documents
shall be prima facie evidence that the large
a. Article 312 – Occupation of Real
cattle in his possession, control or custody are
the fruits of the crime of cattle rustling [Sec. 7, Property or Usurpation of Real Rights
P.D. 533]. in Property
Punished Acts [PU]:
“Highgrading” or Theft of Gold [P.D. 581] 1. Taking Possession of any real property
belonging to another by means of violence
Prohibited Acts: [TRET] against or intimidation of persons; or
Any person who, without the consent of the 2. Usurping any real rights in property
operator of the mining claim: belonging to another by means of violence
1. Take gold-bearing ores or rocks from a against or intimidation of persons [REYES,
mining claim or mining camp; Book 2].
2. Remove, collect or gather gold-bearing ores
or rocks in place; Elements [PB-VI]:
3. Extract or remove the gold from such ores 1. Offender takes Possession of any real
or rocks; or property or usurps any real rights in property
4. Prepare and Treat such ores or rocks to 2. Real property or real rights Belong to
recover or extract the gold contents thereof. another
[Sec. 1, P.D. 581] 3. Violence against or intimidation of persons
is used by the offender in occupying real
Presumption property or usurping real rights in property;
The unauthorized possession by any person and
within a mining claim or mining camp of gold- 4. There is Intent to gain.
bearing ores or rocks or of gold extracted or
removed from such ores or rocks, shall be Rules on Violence or Intimidation
prima facie evidence that they have been 1. Violence or intimidation must be the
stolen from the operator of a mining claim [Sec. means used in occupying real property.
2, P.D. 581]. Art. 312 does not apply when the violence
or intimidation took place subsequent to the
d. Article 311 - Theft of Property of the entry into the property [REYES, Book 2].
2. If there is no violence or intimidation:
National Library and National Museum
There is only civil liability [Id].
This provision penalizes property stolen from
Imposable Penalty
the National Library or National Museum.
General Rule: Art. 312 does not provide the
penalty of imprisonment for the crime of
Imposable Penalty
occupation of real property or usurpation of real
General Rule: Penalty is fixed without regard
rights in property, the penalty is only fine
to the value of the property of the National
[REYES, Book 2].
Library or National Museum [REYES, Book 2].
Exception: The offender who may have
Exception: if the crime is committed with grave
inflicted physical injuries in executing acts of
abuse of confidence, the penalty for qualified
violence shall suffer the penalty for physical
theft shall be imposed, because Art. 311 says:
injuries also [Id].
"unless a higher penalty should be provided
under other provisions of this Code" [Id].
Theft/Robbery v. Occupation of Real
Property or Usurpation of Real Rights in
Property Art. 312
Page 260 of 305

Occupation or Real Property May be Involved

Theft/Robbery
Usurpation "Abscond" does not require that the debtor
[Art. 308/Art. 293]
[Art. 312] should depart and physically conceal his
property. Hence, real property could be the
As to the Intent to Gain subject matter of fraudulent insolvency [People
There is intent to Gain v. Chong Chuy Limgobo, G.R. 20995 (1923)].
As to the Property Involved Prejudice to the Creditors

Contemplates the transfer of disposing of the
Personal Property Real property or real
offender’s property to keep it out of reach of his
right
creditors resulting in the non-enforcement of a
writ of execution [Dee v. People, G.R. No.
As to the Act Involved 136785 (2000)].
Taking Occupation or
Usurpation Fraudulent Insolvency
[REYES, Book 2] Fraudulent Insolvency

[Art. 314]
b. Article 313 - Altering Boundaries or
Landmarks
As to the Requirement of Insolvency
Proceedings
Elements [BA]:
1. There are Boundary marks or monuments No need for Insolvency Proceedings.
of towns, provinces, or estates, or any other Note: Offender need not be adjudged
marks intended to designate the boundaries bankrupt or insolvent.
of the same; and [REYES, Book 2]
2. Offender Alters said boundary marks.
Note: R.A. 10142 (2010) has repealed The
Note: Intent to gain is not necessary [REYES, Insolvency Law (Act. No. 1956).
Book 2].
Imposable Penalty
Alter Higher penalty is imposed if the offender is a
Any alteration of boundary marks is enough to merchant.
constitute the material element of the crime.
6. Chapter VI: Swindling and
Destruction of a stone monument or taking it to
another place, or removing a fence, is altering Other Deceits
[Id].
a. Article 315 - Swindling or Estafa
5. Chapter V: Culpable
Elements of Estafa in general [DCDD]:
Insolvency 1. Accused Defrauded another:
a. by abuse of Confidence, or
a. Article 314 - Fraudulent Insolvency b. by means of Deceit; and
2. Damage or prejudice capable of pecuniary
Elements: [D-DAP] estimation is caused to the offended party
1. Offender is a Debtor; or third person.
2. His obligations are Due and payable.
3. He Absconds with his property. Damage or prejudice may consist of [MPP]:
4. It is with Prejudice to his creditors. 1. Offended party being deprived of his Money
or property as a result of defraudation;
Note: Actual prejudice, not intention alone, is 2. Disturbance in Property rights; or
required [REYES, Book 2]. 3. Temporary Prejudice [REYES, Book 2]
Page 261 of 305
Ways of Committing Estafa [U-FF-M]: Note: The three modes of committing estafa
Mode Sub-modes may be reduced to two o–y--subdivision No. 1
as estafa with abuse of confidence, and the
1. With Unfaithfulness 2nd and 3rd forms as estafa by means of
[Art. 315 (1)(a)] deceit [REYES, Book 2].
Mode 1:
2. With Abuse of
With
Confidence [Art. Estafa with Unfaithfulness or Abuse of
Unfaithfulness
315(1)(b)]
or Abuse of
3. By taking undue
Confidence [Art. 315(a)]
Confidence
advantage of the
[UCS] 1. Estafa with Unfaithfulness [Art
Signature in blank
[Art. 315(1)©] 315(a)(1)]
1. Using fictitious Name
or false pretenses Elements [OnAD]:
and other similar 1. Offender has an Onerous obligation to
deceits [Art. deliver something of value;
315(2)(a)]; 2. He Alters its substance, quantity, or quality;
2. By Altering the and
quality, fineness or 3. Damage or prejudice is caused to another.
weight of anything
pertaining to his art
or business [Art. Rules:
Mode 2: 315(2)(b)] 1. There must be an existing obligation to
By Means of 3. By pretending to deliver something of value, and the
False have Bribed any offender in making the delivery has altered
Pretense or government the following of the thing delivered [REYES,
Fraudulent employee [Art. Book 2]:
Acts 315(2)(c)] a. Substance; or
[NAB-CF] 4. By post-dating a b. Quantity; or
Check with no funds c. Quantity; and
or is not sufficient to 2. There must be an agreement as to
cover the amount of quality – When there is no agreement as to
the check. [Art. the quality of the thing to be delivered, the
315(2)(d)] delivery of the thing not acceptable to the
5. By obtaining Food, complainant is not estafa [Id].
refreshment or
accommodation with Illegal Consideration
intent to defraud [Art. Estafa is committed even though such
315(2)(e)] obligation be based on an immoral or illegal
consideration [REYES, Book 2].
1. By inducing another
to Sign any
document [Art. 315
2. Estafa with Abuse of Confidence [Art.
(3)(a)]; 315(1)(b)]
2. By resorting to some
Mode 3: fraudulent practice to Elements [RMPD]:
By Fraudulent insure success in 1. Money, goods, or other personal property
Means Gambling [Art. was Received by the offender [TCAO]:
[SGD] 315(3)(b)] a. In Trust, or
3. By Removing, b. On Commission, or
concealing or c. For Administration; or
destroying d. Under any Other obligation involving the
Documents [Art. 315 duty to make delivery of, or to return the
(3)(c)] same;
2. That there be: [MConD]
Page 262 of 305
a. Misappropriation; or In Estafa: Offender must have acquired both
b. Conversion of such money or property material or physical possession and juridical
by the offender; or possession of the thing received [REYES,
c. Denial on his part of such receipt; Book 2].
3. Such misappropriation or conversion or
denial is to the Prejudice of another; and
Nature of
4. There is a Demand made by the offended
Possession Crime
party. Act
of Personal Committed
Property
Notes:
• Other obligations involving the duty to Material Misappropri
Theft
make delivery of, or to return the sa–e - ation
includes quasi-contracts and certain Material and Misappropri
contracts of bailment ex. Commodatum Estafa
Juridical ation
[U.S. v. Yap Jong, G.R. No. 10675 (1916)]. Ownership No crime,
• 4th element – not necessary when there is Misappropri
(Material + only Civil
evidence of misappropriation of the goods ation
Juridical) liability
by the defendant [Tubb v. People, G.R. [REYES, Book 2]
No. L-9811 (1957)].
• Dece–t - not an essential requisite of Note: There is no estafa when the money or
estafa with abuse of confidence [REYES, other personal property received by the
Book 2]. accused is not to be used for a particular
purpose or to be returned [Id].
Rationale: Thing to be delivered or returned
must be the very object received [U.S. v. No Estafa in the Following Cases:
Figueroa, G.R. No. L-6748 (1912)]. 1. Momentary use of the funds without intent
to defraud [U.S. v. Sevillia, G.R. No. 18056
Misappropriation v. Conversion (1922)].
Misappropriate Conversion 2. Where the custody of personal property is
only precarious and for a temporary
Act of taking Act of using or purpose or for a short period and merely
something for one’s disposing of the effect of such relationship as master
own benefit anot’er's property and servant, employer and employee, or
as if it were ’ne's master and domestic, the juridical or
own or devoting it to constructive possession remains in the
a purpose or use owner. Hence, the servant, domestic, or
different from that employee cannot be guilty of estafa
agreed upon. [People v. Marcelino Nicolas, 58 O.G. 472,
[REYES, Book 2] cited in REYES, Book 2].
Juridical Possession v. Material "To the prejudice of another"

Possession Contemplates prejudice not necessarily of the
Juridical Material owner of the property [People v. Yu Chai Ho,
Possession Possession G.R. No. L-29278 (1928)].
Possession which Actual Possession
gives the transferee of Personal Demand Not Required but Necessary
a right over the thing Property, where the Demand is not required by law but it is
which the transferee possessor cannot necessary, because failure to account, upon
may set up even claim a better right demand, is circumstantial evidence of
against the owner to such property misappropriation [REYES, Book 2].
than its owner.
[REYES, Book 2] Liability of Co-Owners
Page 263 of 305

General Rule: Co-owner is not liable for estafa
[Id]. Estafa with Abuse
Malversation
of Confidence
[Art. 217]
Exception: If, after the termination of the co- [Art. 315(1)]
ownership, he misappropriates the thing which
has become the exclusive property of the other As to the Receipt of Property
[Id].
No Estafa through Negligence. Offender is entrusted with funds or property

Art. 315 in penalizing estafa by
misappropriation or conversion, does not As to the Nature of the Offense
punish estafa through negligence [REYES,
Book 2]. Continuing offenses
Effect of Novation of Contract As to the Nature of Funds/Property
Usually Public
General Rule: Criminal liability for estafa
already committed is not affected by Exception: Property
compromise or novation of contract, for it is a Private attached by public
public offense which must be prosecuted and authority even if
punished by the state at its own volition [Id]. private [Art. 222,
RPC]
Exception: If the novation occurs before the
criminal liability has incurred [Id]. As to the Offender
Note: Reimbursement or restitution of money Private individual or Public officer
or property swindled does not extinguish public officer not accountable for
criminal liability [Sajot v. CA, G.R. No. 109721 accountable for public
(1999)]. public funds or funds or property.
property
Theft v. Estafa with Abuse of Confidence
As to Commission through Negligence
Estafa with Abuse
Theft/Robbery No estafa through Can be committed
of Confidence
[Art. 308] negligence through
[Art. 315(1)]
abandonment or
As to the Acquisition of Property negligence
Offender takes the Offender receives As to Manner of Commission

thing without the the thing from the Misappropriating, Appropriating,
owner’s consent offended party with converting or taking or
the obligation to denying having misappropriating,
deliver or return the received money, consenting or
same. goods or other permitting any other
As to the Nature of Possession personal property. person to take the
public funds or
Material and Juridical possession
property.
Physical Possession
[REYES, Book 2]
only
[REYES, Book 2] Estafa by Taking Undue Advantage of the

Signature in Blank [Art. 315(1)(c)]
Estafa with Abuse of Confidence v.
Malversation Elements [B-DeW-D]:
1. There is a Blank paper with the signature of
the offended party;
Page 264 of 305
2. Offended party should have Delivered it to cause or the only motive which induces the
the offender; complainant to part with the thing [Id].
3. Document is Written by the offender, above
the signature of the offended party, without Use of Fictitious Name
authority to do so; and There is use of fictitious name when a person
4. Document so written creates a liability of, or uses a name other than his real name.
causes Damage to, the offended party or [People v. Yusay, G.R. No. L-26957 (1927)]
any third person.
The pretense must be false
Estafa by Means of Deceit [Art. 315(2)] There must be evidence that the pretense of
the accused that he possesses power,
Elements [FaPReID]: influence, etc., is false [REYES, Book 2].
1. There must be a False pretense, fraudulent
act or fraudulent means. Estafa by Altering the Quality, Fineness
2. Such false pretense, fraudulent act or or Weight of anything pertaining to his art
fraudulent means must be made or or business [Art. 315(2)(b)]
executed Prior to or simultaneously with the
commission of the fraud. Estafa by Pretending to have bribed any
3. Offended party Relied on the false pretense, Government Employee [Art. 315(2)(b)]
fraudulent act, or fraudulent means and by
reason thereof, was Induced to part with his Notes:
money or property. • Offender may still be liable for
4. As a result, the offended party suffered defamation which the government
Damage. employee allegedly bribed may deem
proper to bring against the offender
Note: There is no deceit if the complainant was [REYES, Book 2].
aware of the fictitious nature of the pretense • If the crime is consummated - crime is
[People v. Paredes, G.R. No. L-19192 (1923)]. corruption of public officer [Id].
Estafa by Using a Fictitious Name, False Estafa by Means of Fraudulent Acts

Pretenses and Other Deceits [Art. 315(2)(a)]
The acts must be fraudulent; characterized by,
Ways of Committing Estafa [NPO]: or founded on, deceit, trick, or cheat [REYES,
1. By using fictitious Name; Book 2].
2. By falsely Pretending to possess [QPI-PAC-
BI]: Estafa by Postdating a Check or Issuing a
a. Qualifications,
Check in Payment of an Obligation
b. Power,
c. Influence,
Elements [OF]:
d. Property,
1. Offender postdated a check, or issued a
e. Agency,
check in payment of an Obligation; and
f. Credit,
2. Such postdating or issuing a check was
g. Credit,
done when the offender had no Funds in the
h. Business, or
bank, or his funds deposited therein were
i. Imaginary transactions; or
not sufficient to cover the amount of the
3. By means of Other similar deceits [REYES,
check.
Book 2].
Note: Element of deceit is indispensable,
Check issued must be Genuine
consisting in the false statement or fraudulent
If the check is falsified and the same is cashed
representation was made prior to, or
with the bank, or exchanged for cash, the crime
simultaneously with the delivery of the thing. It
committed is estafa through falsification of a
being essential that such false statement or
commercial document [REYES, Book 2].
fraudulent representation constitutes the very
Page 265 of 305

Must be the Efficient Cause 2. By obtaining Credit at any of said
To constitute estafa, the post-dating or establishments by the use of any false
issuance of the check should be the efficient pretense; or
cause of the defraudation. As such, it should be 3. By Abandoning or surreptitiously removing
given either prior to, or simultaneously with, any part of his baggage from any of said
the act of fraud [People v. Reyes, G.R. No. establishments after obtaining credit, food,
154159 (2005)]. refreshment or accommodation therein,
without paying therefor.
Note: The check should not be postdated or
issued in payment of pre-existing obligation Estafa Through Fraudulent Means [Art.
[Id]. Thus, when a check was issued in 315(3)]
payment of a debt contracted prior to such
issuance, there is no estafa, even if there is no 1. Estafa by Inducing Another to Sign
fund in the bank to cover the amount of the Any Document
check [People v. Lilius, 59 Phil. 339 (1933)].
The reason for the rule is that deceit, to Elements [ISiP-P]:
constitute estafa, should be the efficient cause 1. Offender Induced the offended party to sign
of the defraudation and as such should be a document.
either prior to, or simultaneously with, the act of 2. Deceit was employed to make him Sign the
fraud [People v. Fortuno, 73 Phil. 407 (1941)]. document.
3. Offended party Personally signed the
Prima Facie Evidence of Deceit document.
There is prima facie evidence of deceit when 4. Prejudice was caused.
the drawer fails to pay 3 days after receiving
notice of dishonor [Art. 315(2)(d), as amended Note: If the offended party is willing and ready
by R.A. 4885]. from the beginning to sign the document and
there is deceit as to the character or contents
Stoppage of a Payment of a Check of the document, because the contents are
If checks were issued by defendant and he different from those which the offended party
received money for them and stopped payment told the accused to state in the document, the
and did not return the money and if at the time crime is falsification [REYES, Book 2].
the check was issued, he had the intention of
stopping payment, he is guilty of estafa [U.S. v. Estafa by Resorting to Some Fraudulent
Poe, G.R. No. 13969 (1919)]. Practice to Ensure Success in Gambling
[Art. 315(3)(b)]
Continuing Offense
Estafa by issuance of a bad check is continuing Estafa by Removing, Concealing or
offense [People v. Yabit, G.R. L-42902,
Destroying Court Records, Office Files,
(1977)].
and other Documents [Art. 315(3)(c)]
Estafa by Obtaining Food or
Elements [CRD]:
Accommodation at a Hotel, etc. [Art. 315
1. There are Court records, office files,
(2)(e)] documents or any other papers.
2. Offender Removed, concealed or destroyed
Punishable Acts [FCA]: any of them.
1. By obtaining Food, refreshment or 3. Offender had intent to Defraud another.
accommodation at a hotel, inn, restaurant,
boarding house, lodging house or Note: If there is no intent to defraud, the act of
apartment house without paying therefor, destroying a court record will be malicious
with intent to defraud the proprietor or mischief [REYES, Book 2].
manager thereof;
Page 266 of 305

Infidelity in Custody of Document v. Estafa Swindling v. Estafa by False Pretenses
by Removing, Concealing or Destroying a
Document Estafa by False
Swindling
Pretenses
Infidelity in [Art. 316(1)]
[Art. 315, 2(a)]
Custody of Estafa
Documents [Art. 315 (3)(c)]
[Art. 226] As to the Property Involved
Covers immovable May cover personal

As to the Manner of Commission
or real property. and real property.
Both are Similar in the Manner of
Commission As to Acts Committed
As to the Property Involved Selling, or Pretense in owning
encumbering, or real or personal
Offender is a public Offender is a private mortgaging any real property and
officer who is individual or even a property, and doing defrauding the
officially entrusted public officer who is some act of offended party.
with the custody of not officially dominion or
documents entrusted with the ownership over the
custody of said property to the
documents. damage and
As to Intent prejudice of the real
owner of the thing.
No Intent to Defraud There is Intent to [REYES, Book 2]
Defraud
[REYES, Book 2] 2. By disposing of real property as free
from encumbrance, although such
b. Article 316 - Other Forms of encumbrance be not recorded
Swindling
Elements [DKRD]:
Punishable Acts a. Thing Disposed of is real property;
b. Offender Knew that the real property
was encumbered, whether the same was
1. Conveying, selling, encumbering, or
recorded or not;
mortgaging any real property,
c. There was express Representation by
pretending to be the owner of the
the offender that the real property is free
same from encumbrance; and
d. Act of disposing of the real property was
Elements [I-ROP]: made to the Damage of another
a. Thing is Immovable (e.g., parcel of [REYES, Book 2].
land or building).
b. Offender is not the owner but Definition of Terms [REYES, Book 2]:
Represents himself as the owner 1. “Dispose” – includes encumbering or
thereof. mortgaging.
c. Offender executed an act of 2. “Encumbrance” – includes every right
Ownership (selling, encumbering or or interest in the land which exists in
mortgaging the real property). favor of third persons.
d. Act was made to the Prejudice of the
owner or a third person [REYES, Book 3. Wrongfully taking by the owner of his
2]. personal property from its lawful
possessor
Page 267 of 305

Elements: [OPWP]
a. Offender is the Owner of personal As to Ownership
property. Property belongs to Offender is the
b. Property is in the lawful Possession of
another (offender is owner of the
another. not the owner or personal property.
c. Offender Wrongfully takes it from its
possessor)
lawful possessor.
d. Prejudice is caused to the lawful As to the Acts Committed
possessor or third person.
Offender unlawfully Personal property is
Mode 1 v. Mode 3 takes the personal wrongfully taken
property of another from possession of
Wrongfully Taking with intent to gain. a lawful possessor.
Pretending to be
Personal Property
Owner of Real
from Lawful As to the Presence of Violence
Property
Possessor
[Mode 1]
[Mode 3]
Committed without Violence or Intimidation
As to the Property Involved
4. Executing any fictitious contract to the
Immovable Property Personal Property prejudice of another
As to Ownership Elements [EFP]:

a. Offender Executes a contract
Offender merely Offender is the b. Contract is Fictitious
represents himself owner of the c. Prejudice is caused.
as the owner of the personal property.
immovable property 5. By accepting any compensation for
involved services not rendered or for labor not
performed
Elements [AN]:
Offender committed The personal a. Offender Accepts compensation for
an act of ownership property is services or labor
prejudicial to the wrongfully taken b. He did Not render any service or
true owner of the from possession of perform any labor
property or a third a lawful possessor.
person. Note: Fraud is an essential element,
without fraud, it merely is solutio indebiti
[REYES, Book 2].
Theft v. Other Forms of Swindling, Mode 3
6. Selling, mortgaging or encumbering real
Wrongfully Taking property or properties with which the
Personal Property offender guaranteed the fulfilment of his
Theft
from Lawful obligation as surety
[Art. 308]
Possessor
[Art. 316(3)] Elements [SGS-WCR]:
a. Offender is a Surety in a bond given in
a criminal or civil action.
b. Surety Guaranteed the fulfillment of
such obligation with his real property or
Personal Property properties.
Page 268 of 305

c. Surety Sells, mortgages, or, in any Note: As in other cases of estafa, damage to
other manner encumbers said real the offended party is required [REYES, Book
property. 2].
d. That such sale, mortgage, or
encumbrance is: e. P.D. 1689 – Syndicated Estafa
i. Without express authority from
the court; or Any person or persons who shall commit estafa
ii. Made before the Cancellation or other forms of swindling as defined in Arts.
of his bond; or 315 and 316 of the RPC, as amended, shall be
iii. Made before being Relieved punished by life imprisonment to death if the
from the obligation contracted swindling (estafa)
by him. 1. Is committed by a syndicate consisting of
five or more persons
Note: There must be actual damage caused 2. Formed with the intention of carrying out
under Art. 316, because the penalty is based the unlawful or illegal act, transaction,
on the value of the damage cause, mere intent enterprise or scheme,
to cause damage is not sufficient [REYES, 3. And the defraudation results in the
Book 2]. misappropriation of money contributed by
stockholders, or members of rural banks,
c. Article 317 - Swindling a Minor cooperative, "samahang nayon(s)", or
farmers association, or of funds solicited by
Elements [AICD]: corporations/associations from the general
1. Offender takes Advantage of the public.
inexperience or emotions or feelings of a
minor. When not committed by a syndicate as above
2. Offender Induces such minor to [ORT]: defined, the penalty imposable shall be
a. Assume an Obligation, or reclusion temporal to reclusion perpetua if the
b. Give Release, or amount of the fraud exceeds 100,000 pesos.
c. Execute a Transfer of any Property right.
3. That the Consideration is [LCO]: 7. Chapter VII: Chattel Mortgage
a. Some Loan of money; or
b. Credit; or
a. Article 319 - Removal, Sale, or
c. Other personal property.
4. Transaction is to the Detriment of such Pledge of Mortgaged Property
minor.
Note: Punishable acts under this Article involve
Note: Actual proof of deceit or property mortgaged or pledged under the
misrepresentation is not essential, as it is Chattel Mortgage Law. R.A. 11057 or the
sufficient that the offender takes advantage of Personal Property Security Act has repealed
the inexperience or emotions of the minor the Chattel Mortgage Law.
[REYES, Book 2].
8. Chapter VIII: Arson and Other
d. Article 318 - Other Deceits Crimes Involving Destruction
Punishable Acts [NC]: a. Articles 320-326B (Repealed by P.D.
1. Defrauding or damaging another by any 1613, as amended by R.A. 7659)
other deceit Not mentioned in the
preceding articles.
Note: The laws on Arson in force are P.D. 1613
2. Interpreting dreams, by making forecasts,
and Art. 320, as amended by R.A. 7659. The
by telling fortunes, or by taking advantage
provisions of P.D. 1613 which are inconsistent
of the Credulity of the public in any other
with R.A. 7659 (Such as Sec. 2 of P.D. No.
similar manner, for profit or gain.
1613) are deemed repealed [REYES, Book 2].
Page 269 of 305

ACTS OF ARSON [SDO] Additional Acts Considered as Destructive
Arson [2-AI]:
1. Simple Arson a. When arson is perpetrated or
committed by 2 or more persons or by
Elements [BAO]: a group of persons, regardless of
A person Burns or sets fire to: whether their purpose is merely to burn
a. Property of Another; or or destroy the building or the burning
b. His Own property under circumstances merely constitutes an overt act in the
which expose to danger the life or commission or another violation of law.
property of another. [Sec. 1, P.D. 1613] b. Burning of: [AI]
i. Any Arsenal, shipyard,
2. Destructive Arson storehouse or military powder or
fireworks factory, ordnance,
Burning of [1-P-TWEE]: storehouse, archives or general
a. 1 or more buildings or edifices, museum of the Government.
consequent to one single act of ii. Inhabited place, storehouse or
burning, or as a result of factory of inflammable or
simultaneous burnings, committed on explosive materials. [Sec 10(2),
several or different occasions. R.A. 7659]
b. Any building of public or private
ownership, devoted to the Public in 3. Other cases of Arson [P.D. 1613, Sec. 3]
general or where people usually gather
or congregate for a definite purpose Burning of any: [O-InIn-PMR]
(e.g., for official governmental function or a. Building used as Offices of the
business, private transaction, government or any of its agencies;
commerce, trade, workshop, meetings b. Inhabited house or dwelling;
and conferences), or merely incidental to c. Industrial establishment, shipyard, oil
a definite purpose (e.g., hotels, motels, well or mine shaft, platform or tunnel;
transient dwellings, public conveyances d. Plantation, farm, pastureland, growing
or stops or terminals), regardless of: crop, grain field, orchard, bamboo
i. Whether the offender had grove or forest;
knowledge that there are persons e. Rice, sugar or cane Mill, or mill
in said building or edifice at the time central; and
it is set on fire; or f. Railway or bus station, airport, wharf
ii. Whether the building is actually or warehouse.
inhabited
c. Any train or locomotive, ship or vessel, Special Aggravating Circumstance [HIBS]:
airship or airplane, devoted to 1. Offender is motivated by spite or Hatred
Transportation or conveyance, or for towards the owner or occupant of the
public use, entertainment or leisure. property burned;
d. Any building, factory, Warehouse 2. Committed with Intent to gain;
installation and any appurtenances 3. Committed for the Benefit of another; and
thereto, which are devoted to the service 4. Committed by a Syndicate [Sec. 4, P.D.
of public utilities. 1613].
e. Any building the burning of which is for
the purpose of concealing or destroying Note: This cannot be offset by any mitigating
Evidence of another violation of law, or circumstance [REYES, Book 2].
for the purpose of concealing bankruptcy
or defrauding creditors or to collect from Prima Facie Evidence of Arson [FISWiD2]:
insurance. [Art 320, as amended by Sec. 1. If gasoline, kerosene, petroleum or other
10 of R.A. 7659] Flammable or combustible substances or
materials soaked therewith or containers
thereof, or any mechanical, electrical,
chemical, or electronic contrivance
Page 270 of 305
designed to start a fire, or ashes or traces of Note: It is argued that there is no such thing
any of the foregoing are found in the ruins as Frustrated Arson [BOADO], as
or premises of the burned building or illustrated in the case of People v.
property. Gutierrez [G.R. No. 100699 (1996)],
2. If the building or property is Insured for wherein the court ruled that even if a
substantially more than its actual value at building is not completely gutted by fire,
the time of the issuance of the policy. the crime is still consummated arson, it is
3. If a substantial amount of Flammable enough that a portion of it is destroyed.
substances or materials are Stored within
the building note necessary in the business 3. Consummated Arson – All acts
of the offender nor for household use. necessary to produce combustion are
4. If the fire started Simultaneously in more present in the thing to be burnt [People v.
than one part of the building or Hernandez, G.R. No. 31770 (1929)].
establishment.
5. If shortly before the fire, a substantial Note: Extent of damage is immaterial, as
portion of the effects insured and stored in a long as a portion of it is burnt [Id].
building or property had been Withdrawn
from the premises except in the ordinary Illustrations:
course of business. Before the fire was put out, it had burned a
6. If a Demand for Money or other valuable part of the building, it is consummated [Id].
consideration was made before the fire in
exchange for the desistance of the offender Cases where Both Death and Burning
or for the safety of the person or property of Occur
the victim. In cases where both burning and death occur,
7. If during the lifetime of the corresponding in order to determine what crime/crimes
fire insurance policy more than 2 fires have was/were perpetrated whether arson, murder
occurred in the same or other premises or arson and homicide/murder, it is de
owned or under the control of the offender rigueur to ascertain the main objective of the
and/or insured. malefactor:
1. If the main objective is the burning of the
Note: Conspiracy to commit arson is penalized building or edifice, but death results by
under the law [Sec. 7, P.D. 1613]. reason or on the occasion of arson, the
crime is simply arson, and resulting
STAGES OF ARSON [AFC]: homicide is absorbed;
2. If the main objective is to kill a particular
1. Attempted Arson – offender commences person who may be in a building or
the commission of the crime directly by edifice and fire is resorted to as the means
overt acts but does not perform all the acts to accomplish such goal the crime
of execution due to the timely intervention committed is murder only; and
of another who chases away the offender 3. If the objective is to kill a particular person,
[REYES, Book 2]. and in fact the offender has already done
so, but fire is resorted to as a means to
Illustration: Placing the rags soaked in cover up the killing, then there are two
gasoline beside the wooden wall of the separate and distinct crimes
building and lighting a match but does not committed homicide/murder and arson
continue to the setting of fire to the rag [Id]. [People v. Malngan, G.R. No. 170470
(2006)].
2. Frustrated Arson
Illustration: Person is able to light or set

fire to the rags but the fire was put out
before any part of the building was burned
[U.S. v. Valdez, G.R. No. L-14128 (1918)].
Page 271 of 305

9. Chapter IX – Malicious 3. Spreading any infection or contagion
among Cattle.
Mischief 4. Causing damage to the property of the
National Museum or National Library, or to
a. Art. 327 - Who are Liable for any archive or registry, waterworks, road,
Malicious Mischief promenade, or any other thing used in
common by the public [REYES, Book 2].
Malicious Mischief Note: These are also called qualified
Willful damaging of another's property for the malicious mischief [Id].
sake of causing damage due to hate, revenge
or other evil motive [REYES, Book 2]. Mode 1 of Art. 328 v. Sedition
Element [DNS]: Mode 1 Sedition

1. Offender deliberately caused Damage to [Art. 328] [Art. 139]
the property of another.
2. Such act does Not constitute arson or other As to Presence of a Public and
crimes involving destruction. Tumultuous Uprising
3. Act of damaging another's property be
Not Present Present
committed merely for the Sake of
damaging it. As to intention to Obstruct Public
Functions
Hate, Revenge, Evil Motive
General Rule: 3rd element presupposes that There is intent to obstruct public functions
the offender acted due to hate, revenge or
other evil motive [Id]. [REYES, Book 2]
Exception: It is malicious mischief even if the Theft v. Mode 4 of Art. 328

act of damaging another's property was
inspired by the mere pleasure of destroying Theft Mode 4
[Id]. [Art. 308] [Art. 328[4]]
No Malicious Mischief in the following

cases:
1. If there is no malice in causing the Property belonging Property belonging
damage - the obligation to repair or pay for to the National to the National
damages is only civil [Id] Library or National Library or National
2. If there is intent to gain – crime Museum. Museum, or to any
committed is Theft [Id]. archive or registry,
road or any thing
“Damage” used in common by
Includes not only loss but also diminution of the public.
what a person owns. Thus, damage to
another's house includes defacing it [Id].
b. Art. 328 - Special Cases of Offender unlawfully Offender
Malicious Mischief takes property deliberately causes
belonging to the damage for the sake
Special Cases of Malicious Mischief [OP- national library or of damaging them.
CM]: National Museum
1. Causing damage to Obstruct the
performance of public functions.
2. Using any Poisonous or corrosive
substance.
Page 272 of 305

c. Art. 329 - Other Mischiefs Persons Liable [SP]:
1. Any person who shall destroy or damages
Punished Act Statues or any other useful or ornamental
Mischiefs not included in Art. 328 and punished public monument; and
according to the value of the damage caused 2. Any person who shall destroy or damage
[REYES, Book 2]. any useful or ornamental Painting of a
public nature.
Note: But, if the amount involved cannot be
estimated, the penalty of arresto menor or fine
not exceeding P200 is fixed by law [Art. 329,
10. Chapter X – Exemption from
RPC]. Criminal Liability Against
Property
d. Art. 330 - Damage and Obstruction
to Means of Communication a. Art. 332 - Persons Exempt from
Criminal Liability
Punishable Act
Damaging any railway, telegraph or telephone Civil Liability Only
line. No criminal, but only civil liability shall result
from the commission of any said crimes,
Qualifying Circumstance committed or caused mutually by those
Higher penalty shall be imposed if it shall result persons [Art. 332(1), RPC].
in any derailment of cars, collision, or other
accident. Rationale: Law recognizes the presumed co-
ownership of the property between the offender
Note: Derailment or collision of cars should not and the offended party [REYES, Book 2].
have been purposely sought for by the offender
but should have just resulted from damage to Crimes Exempted [TSM]:
railway, telegraph or telephone lines [REYES, 1. Theft,
Book 2]. 2. Swindling (estafa),
3. Malicious mischief. [REYES, Book 2]
Telegraph or Telephone Lines
The telegraph or telephone lines must pertain Persons Exempted: [SADRAS-WS-BS]
to a railway system. 1. Spouses;
Crimes Committed if Passengers are Killed: This includes common law spouses
because Arts. 147-148 of the Family Code
Passenger provide that common law spouses are co-
Intent to Crime
s are Killed owners of the property. [REYES, Book 2]
Kill Committed
as a Result
2. Ascendants and Descendants, Relatives by
Affinity in the Same line;
Present Present Murder
Damages to This includes legitimate and illegitimate half-
Not
Means of brother and sisters, for the law did not limit
Present Present
Communication the term to legitimate and adopted full
brothers or sisters [Id].
e. Art. 331 - Destroying or Damaging Relatives by Affinity – includes stepfather,

Statues, Public Monuments or adopted father, and natural children [Id].
Paintings 3. Widowed Spouse with respect to property of
the deceased, if:
Page 273 of 305

a. Property belongs to the deceased store, establishment or entity is located [Sec. 6,
spouse; and P.D. 1612].
b. It has not yet passed into the possession
of a 3rd Person [REYES, Book 2]; and Any person who fails to secure the clearance
or permit required by this section or who
4. Brothers and Sisters and brothers-in-law violates any of the provisions of the rules and
and sisters-in-law, if living together. regulations promulgated thereunder shall upon
conviction be punished as a fence [Sec. 6, P.D.
Exemption Not Applicable to: 1612].
1. Strangers participating in the commission
of the crime [Art. 332(4), RPC]
2. If complexed with another crime K. CRIMES AGAINST
[Carungcong v. People, G.R. No. 181409
(2010)]
CHASTITY [ARTS. 333 - 346]
1. Chapter 1: Adultery and
11. Chapter XI – Special Penal
Concubinage
Laws
a. Article 333 - Adultery
a. Anti-Fencing Law (P.D. 1612)
Elements [MaNoK]:
Fencing 1. Woman is Married;
Act of any person who, with intent to gain for 2. She has sexual intercourse with a man
himself or for another, shall buy, receive, Not her husband; and
possess, keep, acquire, conceal, sell or 3. As regards the man with whom she has
dispose of, or shall buy and sell, or in any other sexual intercourse: he Knows that she
manner deal in any article, item, object or is married.
anything of value which he knows, or should be
known to him, to have been derived from the Persons Liable [MaMa]:
proceeds of the crime of robbery or theft [Sec. 1. Married woman who engages in sexual
2, P.D. 1612]. intercourse with a man not her
husband; and
Fence 2. Man who, knowing of the marriage of
Any person, firm, association corporation or the woman, has sexual intercourse
partnership or other organization who/which with her [Art. 333, par. 1, RPC].
commits the act of fencing [Sec. 2, P.D. 1612].
Rules as to Marriage Requirement
Presumption of Fencing 1. Offended party must be legally married
Mere possession of any good, article, item, to the offender at the time of the filing
object, or anything of value which has been the of the complaint [Pilapil v. Ibay-
subject of robbery or thievery shall be prima Somera, G.R. No. 80116 (1989)].
facie evidence of fencing [Sec. 5, P.D. 1612]. 2. Adultery is committed, even if the
marriage is subsequently declared void
Exception: Clearance / Permit to Sell / Used [Art. 333, par. 1, RPC].
Second Hand Articles.
All stores, establishments or entities dealing in Each Occasion a Crime
the buy and sell of any good, article item, object Each occasion of sexual intercourse
of anything of value obtained from an constitutes a crime of adultery [People v.
unlicensed dealer or supplier thereof, shall Zapata, G.R. No. L-3047 (1951)].
before offering the same for sale to the public,
secure the necessary clearance or permit from
the station commander of the Integrated
National Police in the town or city where such
Page 274 of 305

Mitigating Circumstances Effect of Death; Paramour v. Offended Party
Death of Offended
When abandoned Death of Paramour
Party
The criminal liability is mitigated when adultery
is committed while being abandoned by her Offending wife The proceedings
husband without justification [Art. 333, par. 3, may still be may continue. Art.
RPC]. prosecuted. The 353 seeks to
requirement that protect the honor
In one case, it was held that when the husband both offenders and reputation not
is believed to be dead, the wife’s act of giving should be included only of the living
herself up to the man who lent her a helping in the complaint is but of dead
hand during such time of want and need is absolute only persons as well
considered a mitigating circumstance [People when the two [People v. Diego,
v. Alberto, C.A., 47 O.G. 2438; REYES, Book offenders are alive 38 O.G. 2537;
2]. [Art. 344, par. 2, REYES, Book 2].
RPC].
When applicable, both defendants shall be
entitled to the mitigating circumstance [People Pardon by the Offended Party is a bar to
v. Avelino, C.A., 40 O.G., Supp. 11, 194; prosecution for Adultery or Concubinage
REYES, Book 2]. Requisites:
1. Pardon must be made before the
Recrimination institution of criminal prosecution; and
Husband’s illicit relationship does not absolve 2. Both offenders must be pardoned by
but may mitigate wife’s liability for adultery the offended party. [Art. 344, par. 2,
[People v. Florez, CA-G.R. No. 26089-CR, RPC].
(1964); REYES, Book 2].
Note: The act of having intercourse with the
Effect of Acquittal offending spouse after an adulterous conduct
Acquittal of one party does not automatically is, at best, an implied pardon of said
acquit the other in the following cases: adulterous conduct [People v. Muguerza, et al.,
1. There is no Joint criminal intent, 13 C.A. Rep. 1079; REYES, Book 2].
although there is a Joint physical act
[U.S. v. Guzman, G.R. No. 11895 Adultery v. Prostitution
(1916)].
2. One of the parties is Insane; the other Adultery Prostitution
sane [U.S. v. Guzman, supra]. [Art.202]
[Art. 333]
3. Man has no Knowledge that the
woman is married [U.S. v. Guzman,
supra]. As to Nature of Crime
4. Death of the woman during the
pendency of the action cannot defeat
Crime against Crime against public
the trial and conviction of the man [U.S.
chastity morals
v. De la Torre, G.R. No. 8144 (1913)].
5. Even if the man left the country and
could not be apprehended, the woman As to Persons Liable
can be Tried and convicted [U.S. v.
Topiño, G.R. No. 11895 (1916)]. Married woman Woman, whether
married or not
As to Manner of Commission
Having sexual Habitual indulgence

intercourse with a in sexual intercourse
Page 275 of 305

man not her husband on lascivious Usage of Conjugal Dwelling Not Important
conduct for money or The fact that the wife never had a chance to
profit reside therein and that the husband used it with
his mistress instead, does not detract from its
nature [People v. Cordova, C.A., G.R. No.
b. Article 334 - Concubinage 19100-R (1959); REYES, Book 2].
Elements [MaKeSCoK]: Mere Cohabitation Sufficient

1. Man is Married; In the 3rd way of committing the crime, mere
2. He is either: cohabitation is sufficient; Proof of scandalous
a. Keeping a mistress in the circumstances not necessary [People v. Pitoc,
conjugal dwelling; G.R. No. 18513 (1922)].
b. Having Sexual intercourse
under scandalous Liability of Married Man
circumstance with a woman not A married man is not liable for concubinage for
his wife; mere sexual relations with a woman not his
c. Cohabiting with her in any wife. It must be under scandalous
other place; and circumstances [People v. Santos, et al., C.A.,
3. As regards the woman: she Knows that 45 O.G. 2116; REYES, Book 2].
he is married.
No Knowledge that Woman is Married
Persons Liable [MaW]: A married man who is not liable for adultery
1. Married man; and because he did not know that the woman was
2. Woman who knew that the man was married, may be held liable for concubinage. If
married. the woman knew that the man was married,
she may be held liable for concubinage as well
Definition of Terms: [Id].
1. Mistress. A woman taken by the
accused to live with him in the conjugal When Spies are Employed, no evidence of
dwelling as his mistress/concubine scandalous circumstances
[People v. Jesus Hilao, et al., C.A., 52 When spies are employed for the purpose of
O.G. 904; REYES, Book 2]. watching the conduct of the accused and it
2. Conjugal Dwelling. The home of the appearing that none of the people living in the
husband and the wife, even if the wife vicinity has observed any suspicious conduct,
appears to be temporarily absent on there is no evidence of scandalous
any account [People v. Cordova, G.R. circumstances [U.S. v. Campos Rueda, G.R.
No. 19100-R (1959)]. No. L-11549 (1916)].
3. Cohabit. To dwell together, in the
manner of husband and wife, for some
period of time, as distinguished from
2. Chapter 2: Rape and Acts of
occasional transient interviews for Lasciviousness
unlawful intercourse [People v. Pitoc,
G.R. No. 18513 (1922)]. a. Article 335 - When and How Rape is
4. Scandalous Circumstances. Scandal Committed (repealed by R.A. 8353)
consists in any reprehensible word or
deed that offends public conscience, Note: Art. 335 has been repealed by R.A. 8353,
redounds to the detriment of the otherwise known as the Anti-Rape Law of 1997
feelings of honest persons, and gives which took effect on October 22, 1997.
occasion to the neighbors’ spiritual Renumbered as Art. 266-A of the Revised
damage or ruin [People v. Santos, G.R. Penal Code.
No. L-3582 (1950)].
Page 276 of 305

b. Article 336 - Acts of Lasciviousness Elements [APeC – FoDeFraU]:
1. Offender commits any Act of
Note: R.A. 11648 (2022) amends several lasciviousness or lewdness;
provisions related to Rape, R.A. 7610, Crimes 2. Act is committed against a Person of
Against Chastity and Crimes Against Public either sex; and
Morals (Arts. 266-A(1)(d), 337, 338, RPC; 3. It is done under any of the
Sections 5(b), 7, 9, and 10(b) of R.A. 7610). following Circumstances:
Notably, among others, the threshold age for a. By using Force or intimidation;
statutory rape has been adjusted to 16 years or
old. b. When the offended party is
Deprived of reason or
Note also: For the proper nomenclature and otherwise unconscious;
penalty to be imposed for offenses involving c. By means of Fraudulent
Acts of Lasciviousness – as discussed in the machination or grave abuse of
case of People v. Tulagan [G.R. No. 227363, authority
(2019)] – please refer to the table, in the d. When the offended party is
section of this reviewer discussing Art. 266-A Under 16 years of age or is
(Rape). demented.
Sections 5(b), 7, 9, and 10(b) of R.A. 7610, Lewd

otherwise known as the Special Protection of Obscene, lustful, indecent, lecherous; signifies
Children Against Abuse, Exploitation and a form of immorality which has relation to moral
Discrimination Act are hereby amended to read impurity or that which is carried in wanton
as follows: manner [Lutap v. People, G.R. No. 204061
(2018)].
Section 5. Child Prostitution and Other Sexual
Abuse. - Children, whether male or female, who for Example: When the accused not only kissed
money, profit, or any other consideration or due to and embraced the complainant but fondled her
the coercion or influence of any adult, syndicate or breast with the particular design to
group, indulge in sexual intercourse or lascivious
conduct., are deemed to be children exploited in
independently derive vicarious pleasures
prostitution and other sexual abuse. therefrom, the element of lewd designs exist
[People v. Panopio, C.A., 48 O.G. 145;
xxx REYES, Book 2].
(a) x x x No Frustrated or Attempted Acts of
(b) Those who commit the act of sexual intercourse
Lasciviousness
or lascivious conduct with a child exploited in There can be no attempted and frustrated acts
prostitution or subjected to other sexual abuse: of lasciviousness. The crime of consummated
Provided, That when the victim is under sixteen rape absorbs acts of lasciviousness [People v.
(16) years of age, the perpetrators shall be Tabarangao, G.R. No. 116535-36 (1999)].
prosecuted under Article 335, paragraph 2, for rape
and Article 336 of Act No. 3815, as amended,
otherwise known as "The Revised Penal Code", for
Sweetheart Defense Inapplicable
rape, or lascivious conduct, as the case may be: For purposes of sexual intercourse and
Provided, That the penalty for lascivious conduct lascivious conduct in child abuse cases under
when the victim is under sixteen (16) years of age R.A. 7610, the sweetheart defense is
shall be reclusion perpetua in its medium period; unacceptable. A child exploited in prostitution
and or subjected to other sexual abuse cannot
x x x.
validly give consent to sexual intercourse with
another person [Malto v. People, G.R. No.
164733 (2007)].
Page 277 of 305

Abuses Against Chastity v. Crimes Against 3. Chapter 3 – Seduction,
Chastity
Corruption of Minors and White
Abuses Against Crimes Against Slave Trade
Chastity [Art. Chastity [Art.
246] 336] Note: R.A. 11648 (2022) amends several
provisions related to Rape, R.A. 7610, Crimes
Against Chastity and Crimes Against Public
Committed by Whom Morals [Arts. 266-A(1)(d), 337, 338, RPC;
Public officer In a majority of cases, Sections 5(b), 7, 9, and 10(b), R.A. 7610].
Notably, among others, the threshold age for
a private individual
both qualified seduction and simple seduction
As to How Committed has been adjusted to 16 years old.
Mere immoral or It is necessary that a. Article 337 - Qualified Seduction

indecent proposal some actual act of
made earnestly lasciviousness Two (2) Classes of Seduction:
and persistently. should have been a. Seduction of a minor over 16 years and
executed by the under 18 years of age by certain
offender. persons such as, a person in public
authority, priest, teacher or any person
Acts of Lasciviousness v. Grave Coercion who, in any capacity shall be entrusted
v. Unjust Vexation with the education or custody of the
Acts of minor seduced.
Lasciviousn Grave Unjust b. Seduction of sister or descendant,
ess Coercion Vexation whether or not she is a virgin or over 18
[Art. 336] [Art. 286] [Art.287] years of age.
Elements of (a):
1. Offended party is a Minor
Nature of Compulsion or Force
2. She is Over 16 and Under 18 yrs. of
age;
Compulsion Compulsio No 3. Offender had Sexual intercourse with
or force is n or force is presence her; and
included in the very act of 4. There is Abuse of authority,
the constituting compulsion confidence, or relationship on the part
constructive the offense or force, of the offender.
element of of grave act of
force coercion touching is Elements of (b):
a mere 1. Offended party is the Sister or
incident Descendant of the offender, regardless
of the former’s age or virginity;
What Must Accompany the Act 2. Offender had Sexual intercourse with
her; and
Must be Moral Need not 3. Offender is her Brother or Ascendant
accompanie compulsion be by consanguinity, whether legitimate or
d by acts of amounting accompani illegitimate.
lasciviousne to ed by any
ss or intimidation moral Offenders in Qualified Seduction:
lewdness is sufficient compulsion 1. Those who abused their Authority:
or acts of a. Person in public authority
lasciviousn b. Guardian; or
ess c. Teacher
Page 278 of 305

2. Person who, in any capacity, is lascivious what is the offense
Entrusted with the education or acts are the required is
custody of the woman seduced. final that the
objective intent be to
3. Those who abused confidence sought by lie with the
reposed in them: the offender victim
a. Priest
b. House servant; or Intent
c. Domestic
Acts Acts Enticing a
4. Those who abused their Relationship: performed performed woman to
a. Brother who seduced his sister; do not clearly unlawful
or indicate that indicate that sexual
b. Ascendant who seduced his the intent of the intercourse
descendant. the accused accused’s by promise
was to lie w/ purpose was of marriage
Domestic – A person usually living under the the offended to lie w/ the or other
same roof, pertaining to the same house [U.S. party. offended. means of
v. Santiago, G.R. No. 9118 (1913)]. persuasion
without use
Acts of Lasciviousness v. Attempted Rape of force
v. Qualified Seduction
Consent
Acts of Attempted Qualified Not a Defense; Not a
Lasciviousne Rape [Art. Seduction defense; if consent defense
ss [Art. 336] 266-A] [Art. 337] there is given by the
consent, it offended
can be party results
Offended Party punished in
under Art. consensual
Either sex Either sex Woman 339 sex and is
not
Note: R.A. punishable
11648
substantially
amended b. Article 338 - Simple Seduction
Crimes
against Elements: [ORSeD]
Chastity, 1. Offended party is a minor, Over 16 and
among under 18 years of age;
others. 2. Offender had Sexual intercourse with
Particularly, her; and
in “Rape by 3. It was committed by means of Deceit.
sexual
intercourse”, Deceit
the offended Deceit generally takes the form of unfulfilled
may now be promise of marriage and this promise need not
either a man immediately precede the carnal act [People v.
or woman. Iman, G.R. No. 42660 (1935)].
Promise of marriage by a married man is not a

Requisite of Sexual Intercourse deceit, if the woman knew him to be married
[U.S. v. Sarmiento, G.R. No. 9059 (1914)].
Not required, Not required, Element of
Page 279 of 305
Qualified Seduction v. Simple Seduction c. Article 339 - Acts of Lasciviousness
with the Consent of the Offended
Qualified Seduction Simple Seduction
[Art. 337] [Art. 338] Party
Elements:
Virginity 1. Offender commits acts of
Lasciviousness or lewdness;
Not an essential Not an essential 2. Acts are committed upon a woman who
element of the crime element, it is enough is a virgin or single or widow of good
that the woman is reputation, Under 18 yrs. of age but
single or a widow of over 12 yrs., or a sister or descendant,
good reputation and regardless of her reputation or age;
has a chaste life and
[See People v. Iman, 3. Offender Accomplishes the acts by
supra] abuse of authority, confidence,
relationship, or deceit.
Deceit
"With the Consent of the Offended Party."
Not an essential Essential element The offended woman may have consented to
element since it is the acts of lasciviousness being performed by
replaced by abuse of the offender on her person, but the consent is
confidence [People obtained by abuse of authority, confidence or
v. Fontanilla, G.R. relationship or by means of deceit.
No. L-25354 (1968)]
Offended Party
As to Manner of Commission Male cannot be the offended party under Art.
339; unlike Art. 336, it does not mention
May be committed Can be committed “persons of either sex” as the offended party.
only with abuse of even without abuse
authority, abuse of of authority, abuse of Circumstances for Seduction
confidence or abuse confidence or abuse It is necessary that it be committed under
of relationship of relationship circumstances which would make it qualified or
simple seduction had there been sexual
intercourse, instead of acts of lewdness only.
As to Offender
Higher Degree Imposed if Victim is Under
Specific offenders Any person so long 12
such as a person in as there is deceit. When the victim is under 12 yrs., the penalty
public authority, shall be one degree higher than that imposed
priest, house by law [Sec. 10, R.A. 7610].
servant, guardian,
teacher or any Acts of Lasciviousness v. Acts of
person entrusted Lasciviousness with Consent
with the education or
keeping of the Acts of
Acts of
offended woman Lasciviousness
Lasciviousness
seduced, a brother with Consent
[Art. 336]
seducing his sister, [Art. 339]
or ascendant
seducing a Circumstances under Which the Crime
descendant. was Committed
Committed under Committed under
circumstances circumstances
which, had there which, had there
Page 280 of 305
Corruption of Minors v. White Slave Trade
Acts of
Acts of
Lasciviousness Corruption of White Slave Trade
Lasciviousness
with Consent Minors [Art. 340] [Art. 341]
[Art. 336]
[Art. 339]
been carnal been carnal Minority of Victims

knowledge, would knowledge, would
amount to rape amount to either It is essential that
Victim need not be a
qualified or simple the victims are
minor
seduction minors
Sex of Victims
Offended Party
May be of either sex Females
Offended party is a Offended party
female or male should only be Profit
female
Not necessarily for
Generally for profit
profit
d. Article 340 - Corruption of Minors Habituality
(as amended by B.P. Blg. 92)
Committed by a Generally committed
Punishable Act: Promoting or facilitating the single act habitually
prostitution or corruption of persons underage
(below 18 years old) to satisfy the lust of Prostitution v. Slavery v. White Slave Trade
another.
Prostitution White Slave
Note: It is not necessary that the unchaste acts Slavery [Art.
[Art. 202] - Trade [Art.
shall have been done. A plain reading of Art. 272]
REPEALED 341]
340 shows that what the law punishes is the act
of a pimp who facilitates the corruption of, and
not the performance of unchaste acts upon the Offender
minor.
Prostitutes Anyone who Anyone who
"To satisfy the lust of another." who, for purchases, engages in
Because of this phrase, one who casts for his money or sells, kidnaps the business
own ends does not incur the sanction of the profit, or detains a or profits by
law. This conclusion may be inferred from the habitually human being prostitution
text of the law itself (“[S]hall promote or indulge in for the or enlists
facilitate the prostitution or corruption of sexual purpose of another for
persons under age to satisfy the lust of intercourse enslaving purpose of
another”). or lascivious him prostitution
conduct
e. Article 341 - White Slave Trade
Note: R.A.
11862 –
Acts Punishable: [BuPS]
passed in
1. Engaging in Business of prostitution 2022 – has
2. Profiting by prostitution
amended the
3. Enlisting the Services of women for the Anti-
purpose of prostitution.
Trafficking in
Persons Act
of 2003, and
Page 281 of 305
Note: Primary objective of the offender must
Prostitution White Slave not be to commit rape [Id].
Slavery [Art.
[Art. 202] - Trade [Art.
272]
REPEALED 341] Rules on Absorption
1. Forcible abduction is absorbed by rape
repealed this – If main objective was to rape the victim
provision. [People v. Godines, G.R. No. 93410
(1991)].
Consent of Women 2. Attempted rape is absorbed by forcible
abduction – Thus, there is no complex
Woman Committed With or crime of forcible abduction with attempted
consented against her without rape [Id].
since she is will woman’s 3. Conviction of acts of lasciviousness is
the one consent not a bar to conviction of forcible
habitually abduction [Id].
engaged in
the act
Forcible Abduction v. Grave Coercion v.
4. Chapter 4: Abduction Serious Illegal Detention
Serious
Forcible Grave
a. Article 342 - Forcible Abduction Abduction Coercion
Illegal
Detention
[Art. 342] [Art. 286]
Elements [WAL]: [Art. 267]
1. Person abducted is any Woman,
regardless of her age, civil status or As to Existence of Lewd Design
reputation;
2. Abduction is Against her will; and With lewd Lewd design Lewd design
3. Abduction is with Lewd designs. design is not an is not an
element element
Abduction
The taking away of a woman from her house or As to Deprivation of Liberty
the place where she may be for the purpose of
No There is There is
carrying her to another place with intent to
marry or corrupt her [People v. Crisostomo, deprivation deprivation deprivation
G.R. No. L-19034 (1923)]. of liberty. of liberty. of liberty
If Female is Under 12 years of age Forcible Abduction with Rape v.

If the female abducted is under 12, the crime is Kidnapping with Rape v. Corruption of
forcible abduction, even if she voluntarily Minors
goes with her abductor [Id].
Forcible
Kidnapping Corruption of
Elements of Complex Crime of Forcible Abduction
with Rape Minors
Abduction with Rape: with Rape
[Art. 267] [Art. 340]
1. Abductor had carnal knowledge of the [Art. 342]
abducted women; and
2. It is committed by:
As to Purpose
a. Using force or intimidation; or
b. When the woman is deprived of Purpose is to Purpose is to Purpose is to
reason or otherwise unconscious or effect his deprive the lend the
when the woman is under 12 years of lewd designs victim of his victim to
age or is demented [People v. on the victim liberty. illicit
Domingo, G.R. No. 225743 (2017)]. intercourse
with others
Page 282 of 305
c. Acts of Lasciviousness with the
Forcible Consent of the Offended Party [Art.
Kidnapping Corruption of
Abduction 339]
with Rape Minors
with Rape d. Corruption of Minors [Art. 340]
[Art. 267] [Art. 340]
[Art. 342] e. Consented Abduction [Art. 343]
As to Classification
5. Chapter 5: Provisions Relating
to the Preceding Chapters of
Crime Crime Crimes Title XI
against against against
chastity liberty Chastity
a. Article 344 - Prosecution of Private
Offenses
b. Article 343 - Consented Abduction
How prosecuted:
Elements [VOCoL]: a. Adultery and Concubinage -
1. Offended party is a Virgin; prosecuted upon the complaint signed
2. She is Over 12 and under 18 yrs. of by the offended spouse.
age;
3. Offender takes her away with her Criminal prosecution cannot be
Consent, after solicitation or cajolery instituted:
from the offender; i. Unless both guilty parties, if
4. Taking away is with Lewd designs. both are alive, are included; or
Note: When there was no solicitation or ii. If offended party have
cajolery and no deceit and the girl voluntarily consented or pardoned the
went with the man, there is no crime committed offenders
even if they had sexual intercourse [People v.
Palisoc, 6 C.A. Rep. 65; REYES, Book 2]. b. Seduction, Abduction and Acts of
Lasciviousness - prosecuted upon
Complex Crime of Consented Abduction the complaint signed by the offended
with Rape party –
When a 15-year-old girl was induced by the i. Even if a minor, or
accused to leave her home and later was ii. If of legal age and not
forcibly violated by him, the accused is guilty of incapacitated, only she can file
the complex crime of consented abduction with the complaint.
rape [People v. Amante, G.R. No. L-25604
(1926)]. Criminal prosecution cannot be
instituted:
Crimes against Chastity where Age and i. Unless instituted by the
Reputation are Immaterial [RAQF]: offended party or her parents,
a. Rape [Art. 266-A]; grandparents, or guardian; or
b. Acts of lasciviousness against the will ii. If offender has been expressly
or without the consent of the offended pardoned by the above-
party [Art. 336] named persons
c. Qualified seduction of sister or
descendant [Art. 337] If a minor or incapacitated refuses to file,
d. Forcible abduction [Art. 342] either of the next succeeding persons may
file:
Crimes against Chastity where Age and 1. Either of the parents;
Reputation is Material [QS-LaCA]: 2. Either of the grandparents, maternal or
a. Qualified Seduction (of a virgin over 16 paternal;
and under 18) [Art. 337] 3. Legal or judicial guardian; or
b. Simple Seduction [Art. 338]
Page 283 of 305

4. The state, as parens patriae when the Condonation
offended party dies or becomes Condonation is forgiveness based upon the
incapacitated before she could file the presumption and belief that the guilty party has
complaint and she has no known parents, repented. However, any act of infidelity to the
grandparents or guardians [Rule 110, Sec. vows of marriage, subsequent to the
5, ROC]. condonation constitutes a new offense [People
v. Engle and Price, 8 C.A., Rep. 495; REYES,
Note: The right to file the action shall be Book 2].
exclusive of all other persons and shall be
exercised successively in the order provided A victim's express or implied forgiveness of an
above [Rule 110, Sec. 5, ROC]. offense, by treating the offender as if there had
been no offense. One spouse's express or
implied forgiveness of a marital offense by
Rape May be Prosecuted de officio resuming marital life and sexual intimacy
Rape is now a crime against persons, which [Black’s Law Dictionary, 9th ed.].
may be prosecuted de officio [Sec. 2, R.A.
8353]. b. Article 345 - Civil Liability of
Persons Guilty of Crimes Against
Complex Crimes; Instituted by Public Chastity
Prosecutor
In case of complex crimes, where one of the
Those Guilty of Rape, Seduction or
component offenses is a public crime, the Abduction shall [IOS - AMDO]:
criminal prosecution may be instituted by the 1. Indemnify the offended woman
public prosecutor [People v. Yu, G.R. No. L-
2. Acknowledge the Offspring, unless the
13780 (1961)]. law should prevent him from doing so
Effect of Marriage
3. Support the offspring, except:
1. Marriage of the offender with the a. In cases of Adultery and
offended party in seduction,
Concubinage
abduction, acts of lasciviousness b. Where either of the offended
and rape, extinguishes criminal action
party or accused is Married
or remits the penalty already imposed c. When paternity cannot be
[Art. 344, RPC].
Determined, such as in multiple
2. It also extinguishes the criminal actions rape; and
against the co-principals, accomplices,
d. Other instances where the law
and accessories [Art. 344, RPC]. prevents such
3. Marriage must be entered into in good
faith. Civil Liability of Adulterer and Concubine
4. Marriage may take place even after
The adulterer and the concubine can be
criminal proceedings have sentenced only to indemnify for damages
commenced, or even after conviction caused to the offended spouse.
(extinguishes criminal action and
● The article authorizes the imposition of
remits penalty). [Art. 344(4), RPC]. indemnity in cases of concubinage
Pardon
against the concubine only, but not
Pardon of the offenders by the offended party against the guilty husband [People v.
is a bar to prosecution for adultery or
Ramirez, supra].
concubinage [Art. 344, par. 2, RPC]. ● The guilty wife in adultery cannot also
be sentenced to indemnify for
Pardon; How Given damages caused to the offended
General rule: May be express or implied
husband, the law speaks of adulterer
not adulteress.
Exception: Pardon must be express in
seduction, abduction, rape, or acts of
lasciviousness [Art. 344(3), RPC].
Page 284 of 305

All the Accused must Support the Offspring 6. Chapter 6: Special Penal
All the accused must support the offspring
since any one of them may be the father and Laws
contributed in giving birth to the child.
a. Anti-Photo and Video Voyeurism
Moral Damages Act of 2009 (Secs. 3 and 4, R.A. 9995)
Moral damages may be recovered both by the Definition of Terms [Sec. 3, R.A. 9995]
offended party and her parents [People v. 1. "Broadcast" means to make public, by
Fontanilla, G.R. No. L-25354 (1968)]. any means, a visual image with the intent
that it be viewed by a person or persons.
c. Article 346 – Liability of
Ascendants, Guardians, Teachers and 2. "Capture" with respect to an image,
Other Persons Entrusted with the means to videotape, photograph, film,
record by any means, or broadcast.
Custody of the Offended Party
3. "Female breast" means any portion of the
Persons Liable:
female breast.
1. Persons who Cooperate as
accomplices in rape, seduction,
4. "Photo or video voyeurism" means the
abduction, etc.
act of taking photo or video coverage of a
a. Ascendants
person or group of persons performing
b. Guardians
sexual act or any similar activity or of
c. Curators
capturing an image of the private area of a
d. Teachers, and
person or persons without the latter's
e. Any other persons, who
consent, under circumstances in which
cooperate as accomplices with
such person/s has/have a reasonable
abuse of authority or
expectation of privacy, or the act of selling,
confidential relationship
copying, reproducing, broadcasting,
sharing, showing or exhibiting the photo or
2. Teachers or persons entrusted with
video coverage or recordings of such
Education and guidance of the youth
sexual act or similar activity through
shall be penalized with disqualification
VCD/DVD, internet, cellular phones and
(temporary special disqualification to
similar means or device without the written
perpetual special disqualification).
consent of the person/s involved,
notwithstanding that consent to record or
3. Any person falling within the Terms of
take photo or video coverage of same was
this article, and any other person guilty
given by such persons.
of Corruption of minors for the benefit
of another, shall be punished by
5. "Private area of a person" means the
special disqualification from filling the
naked or undergarment clad genitals,
office of guardian [Art. 346, RPC].
public area, buttocks or female breast of an
individual.
Punished as Principals
The above-mentioned persons who act as
6. "Under circumstances in which a
accomplices in crimes against chastity (except
person has a reasonable expectation of
adultery and concubinage) shall be punished
privacy" means believe that he/she could
as principals [Art. 346, par. 1, RPC].
disrobe in 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 believe that a private area of
the person would not be visible to the
public, regardless of whether that person is
in a public or private place.
Page 285 of 305
Prohibited Acts [Sec. 4, R.A. 9995]
Anti-Photo and Anti-Child
1. To take photo or video coverage of a
Video Voyeurism Act Pornography Act of
person or group of persons performing
of 2009 2009
sexual act or any similar activity or to
capture an image of the private area of a an image of the private child engaged or
person/s such as the naked or area of a person or involved in real or
undergarment clad genitals, public area, persons without the simulated explicit
buttocks or female breast without the latter's consent, under sexual activities [Sec.
consent of the person/s involved and under circumstances in 3(b), R.A. 9775].
circumstances in which the person/s which such person/s
has/have a reasonable expectation of has/have a reasonable
privacy; expectation of privacy,
2. To copy or reproduce, or to cause to be or the act of selling,
copied or reproduced, such photo or copying, reproducing,
video or recording of sexual act or any broadcasting, sharing,
similar activity with or without showing or exhibiting
consideration; the photo or video
3. To sell or distribute, or cause to be sold coverage or
or distributed, such photo or video or recordings of such
recording of sexual act, whether it be the sexual act or similar
original copy or reproduction thereof; or activity through
4. To publish or broadcast, or cause to be VCD/DVD, internet,
published or broadcast, whether in print cellular phones and
or broadcast media, or show or exhibit the similar means or
photo or video coverage or recordings of device without the
such sexual act or any similar activity written consent of the
through VCD/DVD, internet, cellular person/s involved,
phones and other similar means or device. notwithstanding that
consent to record or
Note: The prohibition under paragraphs (b), (c) take photo or video
and (d) shall apply notwithstanding that coverage of same was
consent to record or take photo or video given by such
coverage of the same was given by such persons. [Sec. 3 (d),
person/s. Any person who violates this R.A. 9995]
provision shall be liable for photo or video
voyeurism as defined herein.
As to punishable act
Anti-Photo and Video Voyeurism Act v.
Anti-Child Pornography Act To sell or distribute, To possess any form
or cause to be sold or of child pornography
Anti-Photo and Anti-Child distributed, such photo with the intent to sell,
Video Voyeurism Act Pornography Act of or video or recording of distribute, publish,
of 2009 2009 sexual act, whether it or broadcast:
be the original copy or Provided. That
As to definition reproduction thereof possession of three (3)
[Sec. 4 (c), R.A. 9995] or more articles of
the act of taking any representation, child pornography of
photo or video whether visual, audio, To publish or the same form shall be
coverage of a person or written combination broadcast, or cause prima facie evidence
or group of persons thereof, by electronic, to be published or of the intent to sell,
performing sexual mechanical, digital, broadcast, whether in distribute, publish or
act or any similar optical, magnetic or print or broadcast broadcast [Sec. 4 (d),
activity or of capturing any other means, of media, or show or R.A. 9775]
Page 286 of 305

Punishable Acts [Sec. 5, R.A. 7610]
Anti-Photo and Anti-Child
The penalty of reclusion temporal in its medium
Video Voyeurism Act Pornography Act of
period to reclusion perpetua shall be imposed
of 2009 2009
upon the following:
exhibit the photo or 1. Those who engage in or promote,
video coverage or facilitate or induce child prostitution
recordings of such which include, but are not limited to,
sexual act or any the following:
similar activity through a. Acting as a procurer of a child
VCD/DVD, internet, prostitute;
cellular phones and b. Inducing a person to be a client
other similar means or of a child prostitute by means of
device [Sec. 4 (d), R.A. written or oral advertisements
9995] or other similar means;
c. Taking advantage of influence
or relationship to procure a
Note: "Child" refers to a person below child as prostitute;
eighteen (18) years of age or over, but is d. Threatening or using violence
unable to fully take care of himself/herself from towards a child to engage him
abuse, neglect, cruelty, exploitation or as a prostitute; or
discrimination because of a physical or mental e. Giving monetary consideration
disability or condition. goods or other pecuniary
benefit to a child with intent to
A child shall also refer to: (1) a person engage such child in
regardless of age who is presented, depicted prostitution.
or portrayed as a child as defined herein; and
(2) computer-generated, digitally or manually 2. Those who commit the act of sexual
crafted images or graphics of a person who is intercourse of lascivious conduct
represented or who is made to appear to be a with a child exploited in prostitution
child as defined herein. [Sec. 3(a), R.A. 9775] or subject to other sexual abuse;
a. Provided, That when the
b. Special Protection of Children victims is under twelve (12)
Against Child Abuse, Exploitation, years of age, the perpetrators
and Discrimination Act (Secs. 3(a), 5 shall be prosecuted under
and 10, R.A. 7610) Article 335, paragraph 3, for
rape and Article 336 of Act No.
Children - Refers to person below eighteen 3815, as amended, the RPC,
(18) years of age or those over but are unable for rape or lascivious conduct,
to fully take care of themselves or protect as the case may be:
themselves from abuse, neglect, cruelty, b. Provided, That the penalty for
exploitation or discrimination because of a lascivious conduct when the
physical or mental disability or condition [Sec. victim is under twelve (12)
3(a), R.A. 7610] years of age shall be reclusion
temporal in its medium period;
Children Exploited in Prostitution and Other and
Sexual Abuse
Children, whether male or female, who for 3. Those who derive profit or
money, profit, or any other consideration or due advantage therefrom, whether as
to the coercion or influence of any adult, manager or owner of the
syndicate or group, indulge in sexual establishment where the
intercourse or lascivious conduct, are deemed prostitution takes place, or of the
to be children exploited in prostitution and other sauna, disco, bar, resort, place of
sexual abuse. entertainment or establishment
serving as a cover or which engages
Page 287 of 305
in prostitution in addition to the Note: For purposes of this Act:
activity for which the license has ● The penalty for the commission of acts
been issued to said establishment. punishable under Articles 248, 249, 262,
paragraph 2, and 263, paragraph 1 of Act
Designation of the Crime & Imposable No. 3815, as amended, the RPC, for the
Penalty [People v. Tulagan, G.R. No. 227363 crimes of murder, homicide, other
(2019)] intentional mutilation, and serious
physical injuries, respectively, shall be
Note: Refer to the comparative table – based reclusion perpetua when the victim is
on the case of People v. Tulagan [G.R. No. under twelve (12) years of age.
227363 (2019)] – in the section of this reviewer ● The penalty for the commission of acts
discussing Art. 266-A (Rape), for the proper punishable under Article 337, 339, 340
nomenclature of the punishable acts under and 341 of Act No. 3815, as amended, the
R.A. 7610 vis-à-vis the RPC and other related RPC, for the crimes of qualified
laws. seduction, acts of lasciviousness with
the consent of the offended party,
Note also: R.A. 11648 (2022) amends several corruption of minors, and white slave
provisions related to Rape, R.A. 7610, Crimes trade, respectively, shall be one (1)
Against Chastity and Crimes Against Public degree higher than that imposed by law
Morals [Arts. 266-A(1)(d), 337, 338, RPC; when the victim is under twelve (12) years
Sections 5(b), 7, 9, and 10(b), R.A. 7610]. age.
Notably, among others, the threshold age for ● The victim of the acts committed under this
statutory rape has been adjusted to 16 years section shall be entrusted to the care of
old. the DSWD.
Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the
Child's Development. [Sec. 10, R.A. 7610]
Acts Penalty
Any person who shall commit any other acts of Prision mayor in its minimum period.
child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to
the child's development including those
covered by Article 59 of P.D. 603, as amended,
but not covered by the RPC, as amended
Any person who shall keep or have in his Prision mayor in its maximum period and a fine of
company a minor, twelve (12) years or under or not less than Fifty thousand pesos (P50,000):
who in ten (10) years or more his junior in any
public or private place, hotel, motel, beer joint, Provided, That this provision shall not apply to
discotheque, cabaret, pension house, sauna or any person who is related within the fourth degree
massage parlor, beach and/or other tourist of consanguinity or affinity or any bond recognized
resort or similar places by law, local custom and tradition or acts in the
performance of a social, moral or legal duty.
Any person who shall induce, deliver or offer a Prision mayor in its medium period and a fine of
minor to any one prohibited by this Act to keep not less than Forty thousand pesos (P40,000);
or have in his company a minor as provided in
the preceding paragraph Provided, however, That should the perpetrator
be an ascendant, stepparent or guardian of the
minor, the penalty to be imposed shall be prision
mayor in its maximum period, a fine of not less
Page 288 of 305

than Fifty thousand pesos (P50,000), and the loss

of parental authority over the minor.
Any person, owner, manager or one entrusted Prision mayor in its medium period and a fine of
with the operation of any public or private place not less than Fifty thousand pesos (P50,000), and
of accommodation, whether for occupancy, the loss of the license to operate such a place or
food, drink or otherwise, including residential establishment.
places, who allows any person to take along
with him to such place or places any minor
herein described
Any person who shall use, coerce, force or Prision correccional in its medium period to
intimidate a street child or any other child to: reclusion perpetua.
1. Beg or use begging as a means of living;
2. Act as conduit or middlemen in drug
trafficking or pushing; or
3. Conduct any illegal activities.
Page 289 of 305

L. CRIMES AGAINST THE Mode 3:
Concealing
CIVIL STATUS OF PERSONS Mode 1: Mode 2:
or
Simulation Substitution
[ARTS. 347 - 352] of births of 1 child
Abandoning
any
for another
legitimate
1. Chapter 1: Simulation of child
Births and Usurpation of Civil
another the Intent to
Status child as cause such
her own child to lose
a. Article 347 - Simulation of Births, on the day its civil
Substitution of One Child for Another, of status
and Concealment or Abandonment of supposed
a Legitimate Child delivery
Punishable Acts [SimSuCo]: Notes:

1. Simulation of births; • Object of the crime is the creation of false,
2. Substitution of one child for another; or the causing of loss of civil status.
3. Concealing or abandoning any • Unlawful sale of a child by his father is not
legitimate child with intent to cause a crime under this article [U.S. v. Capillo,
such child to lose its civil status G.R. No. 9279 (1915)].
Elements: Under R.A. 11222, those who simulated birth

Mode 3: records – or cooperated in the execution of
Concealing such simulation – may avoid criminal, civil
Mode 1: Mode 2:
or and/or administrative liability, if an application
Simulation Substitution
Abandoning for rectification of the birth record and petition
of births of 1 child
any for adoption is filed within 10 years from the
for another
legitimate effectivity of R.A. 11222 (March 29, 2019). This
child R.A. repealed a similar provision in R.A. 8552.
Note: Administrative proceedings for the
1. Woman 1. A child of a 1. The child adoption and rectification of the simulated birth
Pretends couple is is Legitimate record of such child may only be availed of IF:
to be Exchanged • The child has been living with the
pregnant with a child of person for at least three (3) years
another before the effectivity of R.A. 11222,
couple/ A and
living child is • A certificate declaring the child legally
placed in available for adoption (CDCLAA) is
place of issued by the DSWD in favor of such
another child.
woman’s dead
child Note also: To avoid criminal, civil and/or
2. She is 2. The 2. The administrative liability, it must be shown that
Not exchange is offender the simulation of birth record:
actually Without the conceals or • Was made for the best interest of the
pregnant knowledge of Abandons child, and
the respective such child • The child has been consistently
parents considered and treated by such person
3. She 3. The or persons as her, his, or their own
Takes offender has daughter or son
Page 290 of 305

Meaning of “Abandon” in the context of Art. Qualifying Circumstance
347 The crime is qualified if the purpose is to
The practice of abandoning new-born infants defraud the offended party or his heirs [Art.
and very young children at the door of 348, RPC].
hospitals, churches and other religious
institutions. It is leaving the child at a public Usurpation of Civil Status v. Using
place where other people may find it and Fictitious Name v. Estafa by Deceit
causing the child to lose its civil status [U.S. v.
Capillo, supra]. Using
Usurpation of
Fictitious Estafa
Civil Status
Other Persons Liable: Name [Art. 315]
[Art. 348]
1. The woman who simulates the birth [Art. 178]
and the one who furnishes the child are
both responsible as principals. As to Intent
2. A physician or surgeon or public officer,
who cooperates in the execution of Intent to Intent is to Intent is to
these crimes, is also liable if he acts in enjoy rights conceal a defraud
violation of the duties of his profession arising from crime, evade another
or office [Art. 347(3), RPC]. another’s civil the execution (estafa by
status must of a means of
Abandonment in Art. 347 v. Abandoning a be present judgment, or deceit)
Minor in Art. 246 cause
damage to
Concealment or public
Abandonment of a Abandoning a interest
Legitimate Child Minor [Art. 346]
[Art. 347]
As to Necessity of Actual Damage
As to the Offender
Damage not necessary Damage or
Any person One who has the prejudice is
custody of the child necessary
As to Intent
2. Chapter 2: Illegal Marriages
To cause the child to To avoid obligation of
lose his civil status rearing and caring for a. Article 349 – Bigamy
the child
Elements [LeNSEs]:
b. Article 348 - Usurpation of Civil 1. Offender has been Legally married;
Status 2. Marriage has Not been legally
dissolved or, in case his or her spouse
Elements is absent, the absent spouse could not
1. A person Represents himself to be yet be presumed dead according to
another Civil Code
2. He Assumes the filiation or the parental 3. Offender contracts a Second or
or conjugal rights of such another subsequent marriage
person; and 4. The second or subsequent marriage
3. There is intent to Enjoy the rights has all the Essential requisites for
arising from the civil status of another. validity.
Note: Bigamy does not apply to those married

under the Muslim Code [Art. 180, P.D. 2083]
Page 291 of 305
Causes Producing Legal Dissolution of Bigamy and Concubinage
First Marriage One convicted of bigamy may also be
1. Death of one of the contracting parties prosecuted for concubinage as both are
2. Judicial declaration annulling a void distinct offenses. The first is an offense against
marriage; civil status, which may be prosecuted at the
3. Judicial decree annulling a voidable instance of the state; the second is an offense
marriage against chastity, and may be prosecuted only
at the instance of the offended party.
Validity of Marriage
Persons Liable as Accomplices
Note: In the landmark case of Pulido v. People If they have knowledge of the first marriage, the
[G.R. No. 220149 (2021)], the SC held that “a following are liable as accomplices:
void ab initio marriage is a valid defense in the 1. Second Spouse; and
prosecution for bigamy even without a judicial 2. Witness who falsely vouches for the
declaration of absolute nullity. Consequently, a capacity of the contracting parties.
judicial declaration of absolute nullity of either
the first and second marriages obtained by the Defense has Burden of Proof
accused is considered a valid defense in Once the prosecution has established that the
bigamy.” defendant was already married at the time he
contracted the second marriage, the burden of
In other words, the first or second marriage proof to show the dissolution of the first
may be collaterally attacked by a person marriage is on the defense.
accused of Bigamy. Hence, the validity of the
first or second marriage may already be a Prescription Period
prejudicial question to the criminal Prescription commences not from the time of
prosecution of bigamy. The prior declaration commission but from the time of its discovery
of nullity of a marriage is necessary only for by the complainant spouse. The rule of
purposes of remarriage under the Family constructive notice does not apply.
Code, but is not a requirement to be invoked as
a defense in a bigamy case. Bigamy v. Adultery and Concubinage
Effect of Divorce Adultery /
Bigamy
Concubinage
[Art. 349]
When both spouses When one spouse is [Art. 333/Art. 334]
are Filipino Citizens an alien
As to Nature of the Offense
The divorce obtained The Filipino spouse
from foreign courts is is capacitated to Public Offense, crime Private offense, crime
not valid. A spouse remarry just as the against status against chastity
who remarries is still foreign spouse is.
liable for bigamy. [Art. 26, Family
Code] Thus, after As to Effect of Pardon
One who contracts a obtaining a divorce,
No effect Bars prosecution
second marriage the Filipino spouse
believing he was may contract a
lawfully divorced may second marriage As to Who May Prosecute
be liable for bigamy without being liable
through reckless for bigamy. At the instance of the Only at the instance
imprudence [People State; thus it is of the offended party
v. Schneckenburger, immaterial who
G.R. No. 2457 initiates the action
(1938)].
Page 292 of 305

Adultery / Elements
Bigamy 1. Offender is Authorized to solemnize
Concubinage
[Art. 349] marriages
[Art. 333/Art. 334]
2. He Performs or authorizes any illegal
As to Who should be Impleaded marriage ceremony
The offending spouse. Both the guilty parties Persons Liable

must be impleaded The following can be held liable for performing
The (the offending spouse or authorizing any illegal marriage ceremony:
second/subsequent and the other party). 1. Priests or ministers of any religious
spouse is not denomination or sect, or
necessarily liable for 2. Civil authorities
the crime of bigamy
and whether he/she Note: If the offender is not so authorized to
should be included in solemnize marriages, he is liable under Art.
the information will be 177, Usurpation of Authority.
determined by the
fiscal conducting the M. CRIMES AGAINST
preliminary
investigation. HONOR [ARTS. 353 - 364]
[People v. Schneckenburger, G.R. No 48183 1. Chapter 1: Libel
(1941)]
SECTION 1. Definition, Forms, And
b. Article 350 - Marriage Contracted Punishment of This Crime
against Provisions of Laws
a. Article 353 - Libel
Elements
1. Offender Contracted marriage; and Note: Defamation is the proper term for libel as
2. He Knew at the time that: used in Art. 353.
a. Requirements of the law were
Not complied with; or Defamation
b. Marriage was in Disregard of a Means the offense of injuring a person's
legal impediment. character, fame or reputation through false and
malicious statements [MVRS Pub. Inc. v.
Note: Offender must not also be guilty of Islamic Da'wah Council of the Phils. Inc., G.R.
bigamy. No. 135306 (2003)].
Qualifying Circumstance Defamation Includes libel (written), slander
The crime is qualified when the consent of the (oral), or slander by deed.
other party was obtained through violence,
intimidation, or fraud [Art. 350, RPC]. Libel v. Slander
Libel Slander
c. Article 351 - Premature Marriage
[Art. 355] [Art. 358]
(Repealed by R.A. 10655)
Defamation Oral defamation
Note: This provision has been repealed by R.A. committed by
10655 (Act Repealing Art. 351 of the RPC), means of writing,
thus decriminalizing the said article. printing,
lithography,
d. Article 352 - Performance of Illegal engraving, radio,
phonograph,
Marriage Ceremony painting or
Page 293 of 305
theatrical a. Crime allegedly committed by offended
or cinematographic party;
exhibition, or any b. Vice or defect, real or imaginary of
similar means offended party; or
c. Any Act, omission, condition, status of,
Note: There is no or circumstance relating to the
distinction between offended party.
calumny, insult and
libel. Imputation of criminal intention is not
libelous.
Defamation v. Seditious Libel Intent to commit a crime is not a violation
of the law. This is more so, when it is a
Libel Seditious Libel mere assertion or expression of opinion as
[Art. 355] [Art. 142 (3)] to what will be the future conduct of
another [People v. Baja, C.A., 40 O.G.,
Supp. 5, 206].
As to Acts Committed
2. Imputation was made Publicly;
Committed by Committed by
means of writing, writing, publishing,
Publication
printing, or circulating
Communication of the defamatory matter
lithography, scurrilous libels
to some third person or persons [People v.
engraving, radio,
Atencio, G.R. No. 11353 (1954)].
phonograph,
painting or
Sending a Letter is Sufficient
theatrical or
Publication
cinematographic
General Rule: Writing a letter to another
exhibition, or any
person other than the person defamed is
similar means
sufficient to constitute publication [Orfanel
v. People, G.R. No. L-26877 (1969)].
As to the Offended Party
Exception: Sending a letter in a sealed
Any person/s Government or any envelope through a messenger, is not
of its duly constituted publication [Lopez v. Delgado, G.R. No. L-
authorities 3499 (1907)].
3. Imputation was Malicious;

As to the Effect
Malice in Fact v. Malice in Law
Injures the person's Disturbs public
character, fame or peace. Malice in Fact Malice in Law
reputation through
false and malicious As to Proof Required
statements
Proof of malice or ill Proof of malice is not
will must be proved. required, because it
Elements under Art. 353: Thus, it may be is presumed to exist
1. That there must be an Imputation of shown by proof of ill from the defamatory
a crime, or of a vice or defect, real or will, hatred or imputation.
imaginary, or any act, omission, purpose to injure.
status or circumstance;
Presumption
Imputation covers:
Malice is not Presumed from a
Page 294 of 305
4. Imputation tends to cause Dishonor,
Malice in Fact Malice in Law Discredit or Contempt of the person
defamed.
presumed since, it is defamatory
a positive desire or imputation.
an intention to annoy Dishonor v. Discredit v. Contempt
or endure. Exception: When Dishonor Discredit Contempt
communication is
privileged, malice is Disgrace, Loss of credit State of
not presumed. shame or or reputation, being
As to Proof of Good Intention and ignominy disesteem despised
Justifiable Motive
Construction of Words
When malice in fact Upon proof of good
is present, justifiable intention and 1. Meaning of the writer is immaterial;
motive cannot exist, justifiable motive, what is taken into consideration is the
and the imputations even if the meaning that the words conveyed on
become actionable. publication is the minds of persons of reasonable
injurious, the understanding, discretion and candor,
presumption of taking into consideration the
malice disappears. surrounding circumstances which were
known to the hearer or reader [People
4. Imputation was Directed to: v. Encarnacion, CA, 48 OG 1817].
a. Natural; or 2. Words are to be construed in their
b. Juridical person; or entirety and taken in their plain,
c. One who is Dead. natural and ordinary meaning, as
they would naturally be understood by
Identification of Offended Party Required persons reading them, unless it
In order to maintain a libel suit, it is essential appears that they were used and
that the victim be identifiable, although it is not understood in another sense [Novicio
necessary that he be named [Corpus v. v. Aggabao, G.R. No. 141332 (2003)].
Cuarderno, Sr., G.R. No. L-16969 (1966)].
b. Article 354 - Requirement for
When defamatory Statements are Publicity
addressed to a Number of People
Presumption of Malice
General Rule: Defamatory remarks directed at
a group of persons is not actionable. General Rule: Every defamatory imputation is
presumed to be malicious, even if it be true, if
Exceptions: no good intention and justifiable motive for
1. Statements are sweeping or all- making it is shown [Art. 354(1), RPC].
embracing as to apply to every
individual in that group or class. [id.]; Rebuttal of Presumption
2. Sufficiently specific so that each victim Presumption of malice may be rebutted, if it is
is identifiable [Newsweek v. IAC, G.R. shown by the accused that:
No. L-63559, (1986)]. 1. Defamatory imputation is True, in case
3. If the utterance is made against a the law allows proof of the truth of the
number of people, designated by their imputation;
common surname, not separately 2. It is published with good Intention; and
mentioned, then there is only one 3. There is a Justifiable motive for making
offense [People v. Aquino, 35 OG it.
8844, (1966)].
Exception: Malice is not presumed in
privileged communications.
Page 295 of 305
Types of Privileged Communication Exception: Absolute Privileged
Privileged Communication is not actionable even if made
Communication Requisites: in bad faith. Absolute Privileged
(PC) communication is specifically recognized in the
Constitution – it pertains to statements made in
1. The person who official proceedings of Congress by members
made the thereof, as part of their parliamentary immunity
communication had a [Osmeña v. Pendatum, G.R. No. L-17144
legal, moral or social (1960)].
Duty to make the
PC 1: Private
communication, or, at Under PC 1: Private Communication Made
Communication
least, he had an interest to Another in the Performance of a Legal,
Made to
to be upheld; Moral or Social Duty [Art. 354 (1)]
Another in the
Performance of
2. Communication is 1. Accusation must be made in private
a Legal, Moral
addressed to an Officer communication. Thus, in a case where
or Social Duty
or a board, or superior, the accused aired them in a public
[DOF]
having some interest or meeting instead of making the accusations
[Art. 354 (1)]
duty in the matter; and in private, it is held that is not privileged
[People v. Jaring, C.A., 40 O.G. 3683].
3. The statements in the
communication are Note: Unnecessary publicity destroys good
made in good Faith faith [People v. Cruz, 40 O.G., Supp. 11,
without malice (in fact). 15].
1. It is a fair and true
Report of a judicial, 2. Communication may also be in a public
legislative, or other document [People v. Cantos, 51 O.G.
official proceedings 2995].
which are not of
confidential nature, or of 3. That the statement is a privileged
a statement, report or communication is a matter of defense -
PC 2: Fair and A privileged communication is a matter of
speech delivered in said
true report of defense and, like all other matters of
proceedings, or of any
Official defense, must be established by the
other act performed by
Proceedings accused.
a public officer in the
[RFC]
exercise of his
[Art. 354 (2)] Exception: When in the information itself it
functions;
appears that the communication alleged to
2. It is made in good be libelous is contained in an appropriate
Faith; and pleading in a court proceeding, the
privilege becomes at once apparent and
3. It is without any defendant need not wait until the trial and
Comments or remarks. produce evidence before he can raise the
question of privilege [People v. Andres,
Actionable Privileged Communication G.R. No. L- 14548 (1960)].
General Rule: The fact that a communication 4. Defense may be overcome when the
is privileged does not mean that it is not prosecution shows that: [MT]
actionable; the privileged character simply a. Defendant acted with Malice in fact;
does away with the presumption of malice, or
which the plaintiff has to prove in such a case b. There is no reasonable ground for
[Lu Chu Siong v. Lu Tian Chong, G.R. No. L- believing the charge to be True.
122 (1946)].
Page 296 of 305

Under PC 2: Fair and True Report of Official General Rule: Defamatory remarks and
Proceedings [Art. 354(2)] comments on the conduct or acts of public
officers which are related to the discharge of
1. Communication must be pertinent and their official duties will not constitute libel if
material to the subject matter. It does not the defendant proves the truth of the imputation
protect any unnecessary defamation [Malit [People v. Velasco, CA, 40 O.G. 3694].
v. People, G.R. No. L-58681 (1982)].
Exception: Any attack upon the private
2. Only matters "which are not of character of the public officer on matters
confidential nature" may be published - which are not related to the discharge of their
when the court, in any special case, has official functions may constitute libel [People v.
forbidden the publication of certain records Del Fierro, G.R. No. 3599-R (1950)].
in the interest of morality or decency the
same should not be published. Note: In a case, it was held that the actuations
of a public official which were stated in the
Note: Privilege has been strictly limited to articles impugned, referred to matters of public
cases in which the right of access is secured interest which the citizenry ought to know and
by law [U.S. v. Santos, 33 Phil. 533]. thus were within the purview of qualified
privileged communication. After all, the public
Enumeration under Art. 354 is Not an official is subject to a closer scrutiny by
Exclusive List of Qualifiedly Privileged members of the media, who act as sentinels of
Communication the public. Once the privileged character is
It is rendered more expansive by the established, the prosecutor has to prove actual
Constitutional guarantee of freedom of the malice, i.e., "with knowledge that it was false or
press [Borja v. CA, G.R. No. 126466,(1999)]. with reckless disregard of whether it was false
or not." Thus, even if the imputations involved
1. Doctrine of Fair Comment - while in misconduct through an alleged affair with a
general every discreditable imputation married woman, such was held to be within the
publicly made is deemed false, because purview of qualified privileged communication.
every man is presumed innocent until his The articles, read as a whole, indicate the
guilt is judicially proved, and every false official’s alleged use of connections to stay in
imputation is deemed malicious, position and conceal his misconduct. They
nevertheless, when the discreditable were written to end his purported abuse of
imputation is directed against a public public position [Tulfo v. People, G.R. No.
person in his public capacity, it is not 187113 ( 2021)].
necessarily actionable [Borja v. CA, supra].
Criticism v. Defamation
2. Statements made in self-defense or in
mutual controversy are often privileged
Defamation
[People v. Baja, CA, 40 OG] Criticism
[Art. 353]
3. The person libeled is justified to hit back Deals only with such Follows a public
with another libel [People v. Chua Hiong, things as shall invite officer into his
CA, 51 O.G. 1932]. public attention or private life which has
call for public no connection with
General Rule: The defamatory statements comment his performance of
made by the accused must be a fair his public duties, and
answer to the libel made by the supposed falsely charges him
offended party and must be related to the with evil motives,
imputation made [People v. Pelayo, Jr., 64 clearly designed to
O.G. 1994]. destroy his
reputation or
Defamatory Remarks against Public besmirch his name.
Officers
Page 297 of 305
c. Article 355 - Libel By Means of Note: Acts under this article may be known as
Writings or Similar Means blackmail [U.S. v. Eguia, et al., G.R. No. L-
13540 (1917)].
Libel is Committed by Means of:
1. Writing; Blackmail
2. Engraving; May be defined as any unlawful extortion of
3. Theatrical exhibition money by threats of accusation or exposure.
4. Cinematographic exhibition; Two words are expressive of the crime —hush
5. Any similar means; money [Id.].
6. Printing;
7. Phonograph; Felonies Wherein Blackmail is Possible:
8. Painting; 1. Light threats [Art. 283, RPC]
9. Lithography; or 2. Threatening to publish, or offering to
10. Radio prevent the publication of, a libel for
compensation [Art. 356, RPC]
The word "radio" should be considered in
relation to the terms with which it is associated, Light Threats v. Threatening to Publish or
all of which have a common characteristic, Prevent Publication
namely, their permanent nature as a means
of publication. Thus, defaming through an
Threatening to
amplifier constitutes the crime of oral
Light Threats Publish or Prevent
defamation or Slander under Art. 358 [People
[Art. 283] Publication
v. Santiago, G.R. No. L-17763 (1923)].
[Art. 356]
Similarly, although the medium of television is
not expressly mentioned, it easily qualifies As to the Act Committed
under the general provision "or any similar
means" [People v. Casten, et al., CA-G.R. No. Offender 1. Threatens another
07924-CR (1974)]. threatens another to publish a libel;
to commit an act or
Libelous Remarks in the Heat of Passion; which does not 2. Offering to prevent
Considered Threat not Libel amount to a crime a publication of a
In such case, the offense committed is clearly libel.
and principally that of threats; the statements
derogatory to a person named do not
As to Demand for Money
constitute an independent crime of libel
[People v. Yebra, G.R. No. L-14348 (1960)]. Demand for Demanding money
money or or asking for
d. Article 356 - Threatening to Publish imposition of any monetary
and Offer to Prevent such Publication condition is an compensation is
for a Compensation essential element essential in Mode 2
(Offer to Prevent).
Punishable Acts:
1. Threatening another to publish a libel e. Article 357 - Prohibited Publication

concerning him, or his parents, spouse, of Acts Referred to in the Course of
child, or other members of his family.
2. Offering to Prevent the publication of
Official Proceedings
such libel for compensation, or money
Elements [REMPO]:
consideration.
1. Offender is a:
a. Reporter;
b. Editor; or
Page 298 of 305

c. Manager of a newspaper daily or Kinds of Oral Defamation:
magazine.
2. He publishes facts connected with the 1. Simple slander
Private life of another; and 2. Grave slander (when it is of a serious and
3. Such facts are Offensive to the honor, insulting nature) [Villanueva v. People,
virtue and reputation of said person. supra].
Note: Prohibition applies even if such Factors Affecting Gravity of Slander:

publication is made in connection with or under
the pretext that it is necessary in the narration 1. Expressions used
of any judicial or administrative or judicial 2. Personal relations of the accused and the
proceeding. offended party
3. Circumstances surrounding the case; and
Art. 357 constitutes the so-called "Gag 4. Social Standing and position of the
Law." offending party [Id.]
Newspaper reports on cases pertaining to
adultery, divorce, issues about the legitimacy “Putang ina mo” is a common expression
of children, etc., will necessarily be barred from The words, "Agustin, putang ina mo" is a
publication. common expression in the dialect that is often
employed not really to slander but rather to
Revelation of Source of News express anger or displeasure. It is seldom, if
ever, taken in its literal sense [Reyes v. People,
General Rule: The publisher, editor, columnist G.R. No. L-21528 (1969)].
or duly accredited reporter of any newspaper,
magazine or periodical of general circulation g. Article 359 - Slander by Deed
cannot be compelled to reveal the source of
any news report or information appearing in Elements:
said publication [Sec. 1, R.A. 1477]. 1. Offender performs any act Not included
in any other crime against honor.
Exception: When the court or a House or 2. Such act is performed in the Presence
committee of Congress finds that such of other person or persons.
revelation is demanded by the security of the 3. Such act casts Dishonor, Discredit or
State [Id.]. Contempt upon the offended party [Art.
359, RPC].
f. Article 358 - Slander
Kinds of Slander by Deed:
Slander (Oral Defamation) 1. Simple slander by deed, and
Libel committed by oral or speaking of base 2. Grave slander by deed (of a serious
and defamatory words which tend to prejudice nature). [Id.]
another in his reputation, office, trade,
business or means of livelihood [Villanueva v. Note: Gravity is affected by the social standing
People, G.R. No. 150351 (2006)]. of the offended party, the circumstances under
which the act was committed, the occasion,
Note: Slander need not be heard by the etc. [Id.]
offended party. There is oral defamation, even
if other persons and not the offended party Examples of Slander by Deed
heard the slanderous words, because a 1. Slapping the face of another -
person's reputation is the estimate in which slander by deed if the intention of the
others hold him [People v. Clarin, C.A., 37 O.G. accused is to cause shame and
1106]. humiliation [People v. Delfin, G.R. Nos.
L-15230 & L-15979-81 (1961)].
2. Pointing “dirty finger” or flipping off
someone is simple slander by deed
Page 299 of 305

- the act connotes the phrase "Fuck
You," which is similar to the expression Unjust Acts of Slander by
"Puta" or "Putang Ina mo," in local Vexation Lasciviousne Deed
parlance. While it may have cast [Art. 287] ss [Art. 336] [Art. 356]
dishonor, discredit or contempt, said
act is not of a serious nature Act which The Any act
[Villanueva v. People, G.R. No. does not commission of performed on
160351, (2006)]. produce a lewd act to a another, not
material person of being included
Maltreatment by Deed v. Slander by Deed physical either sex with in any other
harm, but force, or crime of honor,
Maltreatment by unjustly deprivation of in the
Slander by Deed
Deed annoys or reason or presence of
[Art. 356]
[Art. 286] vexes fraudulent others, which
another. machination dishonors,
As to the Act Punished or when the discredits or
victim is under causes
Ill-treatment of Any act performed 12 years. contempt to
another by deed, on another, not being another party.
without causing any included in any other
Injury crime of honor, in the As to Intent
presence of others,
Example: Slapping which dishonors, To annoy To commit a To humiliate or
of face without discredits or or vex lewd act; no dishonor
intent to cause causes contempt to intent to have
dishonor another party. sexual
intercourse
Example: Slapping
with intent to cause Note: Kissing a girl in public and touching her
dishonor. breast without lewd designs, committed by a
rejected suitor to cast dishonor on the girl was
held to be slander by deed and not acts of
As to Humiliation/Shame lasciviousness [People v. Valencia, CA-G.R.
No. 4136-R (1950)].
Suffering of shame Offended party
or humiliation is not suffered from shame SECTION 2. General Provisions
required. or humiliation
caused by the h. Art. 360 - Persons Responsible for
maltreatment.
Libel
As to Intent to Dishonor Persons Liable [PEMO]:

1. Person who Publishes, exhibits or
Not Required Required causes the publication or exhibition of
any defamation in writing or similar
means.
Unjust Vexation v. Acts of Lasciviousness
2. Author or Editor of a book or pamphlet.
v. Slander by Deed
3. Editor or business Manager of a daily
newspaper, magazine or serial
Unjust Acts of Slander by
publication.
Vexation Lasciviousne Deed
[Art. 287] 4. Owner of the printing plant which
ss [Art. 336] [Art. 356]
publishes a libelous article with his
consent and all other persons who in
As to the Act Punished any way participate in or have
Page 300 of 305

connection with its publication [See Art. i. Art. 361 - Proof of Truth
360, RPC].
Proof of Truth is admissible in any of the
Venue [Art. 360(3), RPC] following instances:
The criminal and civil actions for damages in
case of written defamations shall be filed 1. When the act or omission imputed
simultaneously or separately with the RTC of constitutes a Crime regardless of
the province or city: 2. Whether the offended party is a private
1. Where the libelous article is Printed individual or a public officer.
and first published; or 3. When the offended party is a
2. Where any of the offended parties Government employee, even if the act
actually Resides at the time of the or omission imputed does not
commission of the offense. constitute a crime, provided, it is
related to the discharge of his official
Venue when Party is a Public Officer v. duties
Private Individual
Requisites to be Considered as Defense in
Defamation.
Private
Public Officer Under Art. 361 (1), RPC, proof of the truth is
Individual
not enough, it must also be proven that:
1. If officer holds his 1. CFI of the 1. The matter charged as libelous is True;
office in the City of province or 2. It was published with good Motives;
Manila – the action city where he and
shall be filed before: actually 3. It was published for Justifiable ends.
a. CFI of the City of resides at the
Manila; or time of the Mitigation of Damages
b. City or province commission of Damages may be mitigated when:
where the libelous the offense; 1. There is a retraction published, which
article is printed and or must contain an admission of the falsity
first published. of the libelous publication and evince a
2. Where the desire to repair the wrong occasioned
2. If the public officer libelous matter thereby [Sotelo Matti v. Bulletin
does not hold office in is printed and Publishing, G.R. No. L-11202 (1918)].
the City of Manila – the first published 2. That the publication of the article was
action shall be filed [Art. 360 (3), an honest mistake is not a complete
before: RPC]. defense but serves only to mitigate
a. CFI of the province damages where the article is libelous
or city where he per se [Phee v. La Vanguardia, G.R.
held office at the No. 20644 (1923)].
time of commission
of the offense; or Direct Evidence
b. Where the libelous The proof of the truth of the accusation cannot
article is printed and be made to rest upon mere hearsay, rumors or
first published [Art. suspicion. It must rest upon positive, direct
360 (3), RPC]. evidence upon which a definite finding may be
made by the Court [U.S. v. Sotto, G.R. No.
Note: Civil action shall be filed in the same 13990 (1918)].
court where the criminal action is filed and vice
versa. Moreover, the court where the criminal j. Art. 362 - Libelous Remarks
action or civil action for damages is first filed
shall acquire jurisdiction to the exclusion of Libelous remarks or comments connected with
other courts [Art. 360(3), RPC]. the matter privileged under the provisions of
Art. 354 (Requirement for Publicity), if made
Page 301 of 305

with malice, shall not exempt the author followed each other, and that the former was a
thereof nor the editor or managing editor of a necessary means to commit the latter, which is
newspaper from criminal liability [Art. 362, only one crime [People v. Alagao, et al., G.R.
RPC]. No. L-20721 (1966)].
Example: The author or the editor of a b. Art. 364 - Intriguing Against Honor
publication who distorts, mutilates or
discolors the official proceedings reported Elements [IB]:
by him, or add comments thereon to cast 1. Offender makes an Intrigue; and
aspersion on the character of the parties 2. Principal purpose of such intrigue is
concerned, is guilty of libel, notwithstanding the Blemishing the honor or reputation of
fact that the defamatory matter is published in another.
connection with a privileged matter [Dorr v. Intriguing Against Honor
U.S., 11 Phil. 706]. Any scheme or plot designed to blemish the
reputation of a person by means which consist
2. Chapter 2: Incriminatory of some trickery.
Akin to slander by deed, in that the offender
Machinations does not avail directly of written or spoken
words, pictures or caricatures to ridicule his
a. Art. 363 - Incriminating Innocent victim but of some ingenious, crafty and secret
Persons plot, producing the same effect [People v.
Fontanilla, C.A., 56 O.G. 193].
Elements [PIIN]:
1. Offender Performs an act; c. Cybercrime Prevention Act of 2012
2. By such act he directly Incriminates or (R.A. 10175) - Libel [Sec. 4 (c)(4)]
imputes to an Innocent person the
commission of a crime; and Section 4. Cybercrime Offenses. — The
3. Such act does Not constitute perjury. following acts constitute the offense of
cybercrime punishable under this Act:
Note: This article is limited to “planting” Libel. — The unlawful or prohibited acts of libel
evidence and the like, which tends to cause as defined in Article 355 of the Revised Penal
false prosecution [People v. Rivera, G.R. Nos. Code, as amended, committed through a
L-38215-16 (1933)]. computer system or any other similar means
which may be devised in the future [Sec. 4,
The two offenses form a complex crime, as the R.A. 10145].
two acts imputed to the accused had closely
Incriminating Innocent Persons v. Perjury by Making False Accusation

Intriguing
Incriminating Perjury by Making Defamation Slander
Against
Against Persons False Accusations [Art. 353] [Art. 358]
Honor
[Art. 363] [Art. 183]
[Art. 364]
Gravamen of the Offense
Offender Offender directly False imputation is Imputation made must be public and
makes an incriminates or made before a malicious, and calculated to cause the
intrigue to imputes to an competent person dishonor, discredit or contempt of the
blemish the innocent person the authorized to aggrieved party.
honor or commission of a administer an oath, in
reputation of crime, but does not cases in which the law
another avail himself of requires.
written or spoken
Page 302 of 305

words in
besmirching the
victim's reputation.
As to the Manner of Commission
Consists of Limited to the act of Involves giving of Involves the Oral or spoken
some tricky planting evidence false statement under imputation of a imputation of a
and secret and the like, in oath or the making of a crime, or a vice or crime, or a vice or
plot. order to incriminate false affidavit, imputing defect, real or defect, real or
an innocent person. to a person the imaginary, or any imaginary, or any
commission of a crime. act or omission or act or omission or
status. status
As to the Source of Derogatory Remarks
Source Source can be determined

cannot be
determined
Page 303 of 305

N. Criminal Negligence or [Ivler v. Modesto-San Pedro, G.R. No. 172716
(2010)]
Quasi-Offenses (Article 365)
Reckless v. Simple Imprudence
a. Article 365 - Criminal Negligence
Simple
Reckless Imprudence
Imprudence
Punishable Acts:
1. Committing through Reckless 1. Offender does or Fails 1. There is lack
imprudence any act which, had it been to do an act; of Precaution
intentional, would constitute a grave or 2. The doing of or the displayed by
less grave felony or light felony. failure to do that act is the offender;
2. Committing through Simple Voluntary; 2. Damage
imprudence or negligence an act which 3. It was without Malice; impending to
would otherwise have constituted a 4. Material Damage be caused is
grave or a less serious felony. results. Not
3. Causing damage to the Property of 5. There is inexcusable immediate
another through reckless imprudence lack of Precaution on nor is the
or simple imprudence or negligence. the part of the offender, danger
Causing through simple imprudence or taking into clearly
negligence some wrong which, if done consideration his: manifest.
maliciously, would have constituted a [EDO]
light Felony. a. Employment or
occupation;
Note: Imprudence or negligence is not a crime b. Degree of
in itself; it is simply a way of committing a crime. intelligence,
physical condition;
Qualifying Circumstance and
Failing to lend help is a qualifying circumstance c. Other
[Art. 365, RPC]. circumstances
regarding persons,
Imprudence v. Negligence time and place.
[Art. 365, RPC]
Imprudence Negligence
Note: There must be injury to person/s or
damage to property as a result of the
As to the Nature of the Action imprudence, since “material damage results”
from it. [Id.]
Deficiency of Deficiency of
action or failure perception or failure Test of Negligence – Picart Test
in precaution in advertence Would a prudent man, in the position of the
person to whom negligence is attributed,
To Avoid the Wrongful Acts foresee harm to the person injured as a
reasonable consequence of the course about
By taking the By paying proper to be pursued? If so, the law imposes a duty on
necessary attention and using the actor to refrain from that course or to take
precaution once due diligence in precaution against its mischievous results, and
they are foreseen. foreseeing them. the failure to do so constitutes negligence
[Picart v. Smith, G.R. No. L-12219 (1918)].
As to Effect
Concurrent Negligence
Both are merely means of committing a
Where the concurrent or successive negligent
crime, thus are not crimes in themselves.
acts or omission of two or more persons,
although acting independently of each other
Page 304 of 305
are, in combination, the direct and proximate The following provisions do not apply to
cause of a single injury to a third person, and it acts penalized under Art. 365:
is impossible to determine in what proportion 1. Art. 64; Art. 64 relative to mitigating
each contributed to the injury, either is and aggravating circumstances is not
responsible for the whole injury, even applicable to crimes committed through
though his act alone might not have caused the negligence. [People v. Medroso, Jr.,
entire injury [PNCC v. CA, G.R. No. 159270 G.R. No. L-37633 (1975)]
(2005)]. 2. Art. 48; Art. 48 is a procedural device
allowing single prosecution of multiple
Emergency Rule felonies meanwhile Art. 365 is a
An automobile driver who, by the negligence of substantive rule penalizing not an act
another and not by his own negligence, is defined as a felony but "the mental
suddenly placed in an emergency and attitude behind the act, the dangerous
compelled to act instantly to avoid a collision or recklessness, lack of care or foresight”.
injury is not guilty of negligence if he makes There is a single mental attitude
such a choice which a person of ordinary regardless of the resulting
prudence placed in such a position might make consequences. Thus, Art. 365 was
even though he did not make the wisest choice crafted as one quasi-crime resulting in
[Engada v. CA, G.R. No. 140698 (2003)]. one or more consequences.
Requisites for the Emergency Rule to Note: Contributory negligence is not a

Apply: defense but only mitigates criminal liability. The
The situation must be [SDN]: defense of contributory negligence does not
1. Sudden and unexpected; apply in criminal cases through reckless
2. Deprive him of all opportunity for imprudence, since one cannot allege the
deliberation; and negligence of another to evade the effects of
3. It must be such that the actor must his own negligence [Genobiagon v. CA, G.R.
have No knowledge that unusual No. 40452 (1989)].
consequences may result from his act
[Id].
Reckless Imprudence is a Single Crime

Its consequences on persons and property are
material only to determine the penalty, thus
prior conviction or acquittal of reckless
imprudence bars subsequent prosecution
for the same quasi-offense [Ivler v.
Modestor-San Pedro, G.R. No. 172716
(2010)].
Penalties provided in Art. 365 are not

applicable in the following cases [PA]:
1. When the Penalty provided for the
offense is equal to or lower than those
provided in the first 2 paragraphs of Art.
365;
2. When by imprudence or negligence
and with violation of the Automobile
Law, the death of a person shall be
caused.
Page 305 of 305


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Table of Contents e. Indemnification or Confiscation of

Exceptions: Note: The authorities of the Philippines and the

Difference between jurisdiction of Merchant Crimes committed in the exercise of their

ANTI-TERRORISM ACT OF 2020

B. FELONIES b. Less Grave Felonies

Rule [Art. 4, par. 1, RPC]: Physical Element (actus reus)

General Criminal Specific Criminal Can be an element Not an essential

Requisites There is no frustrated impossible crime either,

4. Inadequate Means. Insufficient DEFINITION OF TERMS

When the offender performs all the acts of Indeterminate Offense

Attempted Frustrated Consummated 2. Objective Phase

c. Crimes Consummated by Mere How Applied

2. Nature of the Crime Itself Application to Special Laws

Requisites [PA-UP-UCIP]: There is a series of acts performed by the

Requisites [S-S21]: GENERAL RULES IN COMPLEXING

State of Necessity Requisites [OPM]

Kind of Evil Examples:

Insanity or Imbecility Exception: During a lucid interval, the insane

suspended and the Discernment

No Intention to Commit So Grave a Provocation

Look at two criteria Provocation v. Vindication

General Rule: While the plea of guilty is Physical Defects

Requisites of Aggravating Circumstances [PuCoRDAOP NiCARHAP IECSTIU BUMOC]

Par. 1. Taking advantage of [PIPAM] Personal

Par. 2. In Contempt of or with [ENOKP] Lack of respect for

Par. 3. With insult or lack of [RASD] Personal

Aggravating Circumstance Requisites Basis

b. Age - May refer to old age or

Par. 3. Dwelling [BS(ReCo) + NP] Place of the

Par. 4. Abuse of confidence [TAF] Means and ways

Par. 4. Obvious [TAU] Means and ways

Par. 6. Nighttime, Circumstances of nighttime, uninhabited Time, place, and

Aggravating Circumstance Requisites Basis

Par. 8. Aid of Armed men or [ArMC AAA] Means and ways

Par. 9. Recidivism [TPCSC] Inclination to commit

Par. 10. Reiteracion or [TP-SEG2-C] Inclination to commit

Par. 11. Price, reward, or [TOAI] Motivating power

The price, reward or promise need not:

Aggravating Circumstance Requisites Basis

Par. 15. Superior strength or [NIP] Means and ways

Par. 16. Alevosia (Treachery) [CAN] Means and ways

Aggravating Circumstance Requisites Basis

Par. 19. Breaking wall, floor, [WaRFDWiE] Means and ways

Par. 20. By Motor vehicles, [MS-MC(GoCaF)] Means and ways

Par. 21. Cruelty [DIUE] Means and ways

Requisites: [TAF] Where public authorities are engaged in the

Crime was Committed in the Palace of

Kind: Generic Aggravating Circumstance Committed by Means of Inundation,

There must be direct evidence showing a plan NOT CONSIDERED AS AGGRAVATING

Done in Done to induce Done to To use purposely excessive force out of

The offender employs means that materially

Example of Frontal Attack: There is Treachery Absorbs the Following

Examples: Unlawful Entry v. Breaking

No Aggravating Circumstance For cruelty to exist, there must be proof

1. Organized or Syndicated Crime Group 3. Use of “Loose Firearms”

Organized/syndicated crime group Special Aggravating Circumstance

Effect Loose firearms: [UPI SOLAR]

Rules 4. Use of Dangerous Drugs

Always aggravating 2. Aggravating Circumstance

4. Neither Mitigating nor Aggravating Accused’s State of Intoxication Must be

Entrapment v. Instigation a. Pardon by Offended Party