MEMORY AID IN CRIMINAL LAW crime is obliterated.

BOOK ONE ART. 1. TIME WHEN THE ACT TAKES

EFFECT
CRIMINAL LAW – The branch or division of
law which defines crimes, treats of their nature
TWO SCHOOLS OF THOUGHT IN
and provides for their punishment.
CRIMINAL LAW
LIMITATIONS ON THE POWER OF CLASSICAL POSITIVIST
CONGRESS TO ENACT PENAL LAWS
The law must not: (CODE:VEBI) 1. Basi Human free The sum of
1. Violate the equal protection clause of the s of criminal will social and
Constitution. liability economic
2. Partake the nature of an “ex post facto law”. phenomena to
3. Partake of the nature of a “bill of attainder”. which the actor
4. Impose cruel and unusual punishment nor is exposed
excessive fines. 2. Pur Retribution Prevention or
pose of correction
CHARACTERISTICS OF CRIMINAL LAW penalty
1. GENERAL - criminal law is binding on all 3. Exe The RPC in The provisions
persons who live or sojourn in Philippine mpli-fied in general on impossible
territory (Art. 14, NCC.). crimes and
EXCEPTIONS: those who are exempted by: habitual
a. Treaty stipulations. delinquency
b. Laws of preferential application
c. Principles of public internal law (i.e., NOTE: A third school of thought may be added
sovereigns and other chiefs of state, which is called:
ambassadors, ministers plenipotentiary, Eclectic or Mixed Philosophy – this combines
ministers resident, and their charges both positivist and classical thinking. Crimes that
d’affaires. But consuls, vice-consuls are economic in nature and social in nature
and other commercial representatives of should be dealt with in a positivist manner; thus,
foreign nations cannot claim the same the law is more compassionate. Heinous crimes
privileges and immunities. should be dealt with in a classical manner: thus,
capital punishment as imposed by RA 7659 is
2. TERRITORIAL - criminal laws of the justified.
Philippines are enforceable only within its
territory. ART. 2. APPLICATION OF ITS
PROVISIONS
EXCEPTION: Exception to the Principle of Territoriality
Art. 2 of the Revised Penal Code.
RULES ON VESSELS:
3. PROSPECTIVE - penal laws cannot make 1. A Philippine vessel or aircraft must be
an act punishable in a manner in which it understood as that which is registered in the
was not punishable when committed. As Philippine Bureau of Customs.
provided in Article 366 of the Revised Penal
Code, crimes are punished under the laws in 2. On Foreign Merchant Vessels:
force at the time of their commission.
FRENCH RULE ENGLISH RULE
EXCEPTION:
When a new statute dealing with the GENERAL RULE: GENERAL RULE:
crime established conditions more lenient or Crimes are not triable Crimes are triable in
favorable to the accused, it can be given a in the courts of the the country,
retroactive effect. country,
EXCEPTION: EXCEPTION:
EXCEPTION TO THE EXCEPTION: their commission they merely affect
a. The new law is expressly made affects the peace and things within the
inapplicable to pending actions or security of the territory vessel or they refer to
existing causes of actions. or the safety of the the internal
b. The offender is a habitual criminal. state is endangered. management thereof.
⮚ If the new law totally repeals the existing law NOTE: The English rule is more assertive while
so that the act which was penalized under the French rule is more restrained.
the old law is no longer punishable, the
3. Merchant Vessel vs. Warship(Public Vessel) MALA IN SE vs. MALA PROHIBITA
(CODE: G-CLAMP)
MERCHANT WARSHIP MALA IN SE MALA
PROHIBITA
More or less subject to Territory of the country 1. As to The moral trait The moral trait of
territorial laws where they belong. moral trait is considered. the offender is not
Not subject to of the Liability will considered. It is
territorial laws offender arise only when enough that the
there is dolo or prohibited act was
ART. 3. FELONIES culpa. voluntarily done.
2. As to Good faith or Good faith is not a
GENERAL ELEMENTS OF FELONIES: use of lack of criminal defense.
1. There must be an act or omission i.e., good faith intent is a valid
external acts, internal acts are beyond as a defense; unless
the sphere of penal laws. defense the crime is the
2. The act or omission must be punishable result of culpa.
by the RPC; 3. As to The degree of The act gives rise
3. The act is performed or the omission degree of accomplishment to a crime only
incurred by means of dolo or culpa. accomplish of the crime is when it is
ment of taken into consummated.
CLASSIFICATION OF FELONIES the crime account in
ACCORDING TO THE MEANS BY WHICH punishing the
THEY ARE COMMITTED offender.
4. As to Mitigating and Mitigating and
mitigating aggravating aggravating
1. Intentional felonies - the act is performed
and circumstances circumstances are
with deliberate intent or malice. aggravating are taken into not taken into
circumstan- account in account
REQUISITES OF DOLO OR MALICE: ces
1. FREEDOM; imposing the
2. INTELLIGENCE; penalty
3. INTENT while doing the act or omitting 5. As to When there is Degree of
to do the act. Criminal intent is degree of more than one participation is not
presumed from the commission of an participati offender, the taken into
unlawful act. on degree of account. All who
participation of perpetrated the
2. Culpable felonies – Performed without each in the act are punished
malice. commission of to the same
the crime s extent.
REQUISITES OF CULPA: taken into
1. FREEDOM; account.
2. INTELLIGENCE; 6. A 1. Violation of 1. Violation of
3. NEGLIGENCE AND IMPRUDENCE. s to what the R.P.C. Special Laws
Such negligence or indifference to duty laws are (General (General rule)
or to consequence is, in law, equivalent violated rule)
to criminal intent.
REASON FOR PUNISHING ACTS OF TEST TO DETERMINE WHETHER OFFENSE
NEGLIGENCE: IS MALA IN SE:
A man must use common sense, and ⮚ The test is not the law punishing it but the
exercise due reflection in all his acts; it is nature of the act itself. Although as a rule,
his duty to be cautious, careful and special laws punish acts as mala prohibita, if
prudent. the act punished is wrongful in nature, or
inherently immoral, like the offense under
3. Mala Prohibita- the third class of crimes the Election Code regarding the omission of
punishable by SPECIAL LAWS, and where the voter’s name in the voter’s list, the act is
criminal intent (or criminal negligence) is considered wrong per se and not a wrong
not, as a rule, necessary, it being sufficient merely because it is prohibited. Hence, good
that the offender has the intent to faith and lack of criminal intent are valid
perpetrate the act prohibited by the special defenses (People vs Sunico [CA] 50 O.G.,
law. 5880)
 frustrated impossible crime.
INTENT MOTIVE ART. 6. CONSUMMATED,
1. purpose to use 1. moving power FRUSTRATED AND
particular means to which impels one to ATTEMPTED FELONIES
effect such result act
2. element of the 2. NOT an element of STAGES OF OFFENSES
crime, except in the crime 1.CONSUMMATED FELONY - A felony is
malum prohibitum consummated when all the elements
3. essential in 3. essential only when necessary for its execution and
intentional felonies the identity of the accomplishment are present.
perpetrator is in doubt
2. FRUSTRATED FELONY
ART. 4. CRIMINAL LIABILITY
ELEMENTS:
REQUISITES FOR CRIMINAL LIABILITY FOR (CODE: APNI)
A FELONY, DIFFERENT FROM THAT 1. The offender performs all the acts of
INTENDED TO BE COMMITTED execution
(ART 4 PAR. 1 ): 2. All the acts performed would produce
1. That an Intentional felony has been the felony as a consequence
committed; 3. But the felony is not produced
2. That the wrong done be different from that 4. By reason of causes independent of the
which was intended: and will of the perpetrator
3. That the intentional felony be the proximate
cause of the wrong done. 3. ATTEMPTED FELONY

PROXIMATE CAUSE -the cause, which, in ELEMENTS:

natural and continuous sequence, unbroken by
any efficient intervening cause, produces the
injury, and without which the result would not
have occurred.
CAUSES WHICH MAY PRODUCE A RESULT
DIFFERENT FROM THAT INTENDED
1. Error in personae - mistake in the identity of
the victim
2. Aberratio ictus- mistake in the blow
3. Praeter intentionem- the injurious result is
different from that intended
REQUISITES OF MISTAKE OF FACT AS
DEFENSE: (U.S. vs. Ah Chong)
1. The act done would have been lawful had
the facts been as accused believed them to
be
2. The intention of the accused in doing the act
was lawful
3. The mistake was without fault or
carelessness on the part of the accused
REQUISITES OF AN IMPOSSIBLE CRIME
(ART. 4, PAR. 2):
1. That the act performed would be an offense
against persons or property
2. That the act was done with evil intent
3. That its accomplishment is inherently
impossible, OR that the means employed is
either inadequate or ineffectual.
4. That the act performed should NOT
constitute a violation of another provision of
the Revised Penal Code.
⮚ There is no such thing as an attempted or
(CODE: CANO)
1. The offender commences the
commission of the felony directly by
overt acts
2. He does not perform all the acts of
execution which should produce the
felony
3. The offender’s act be not stopped by his
own spontaneous desistance;
4. The non-performance of all acts of
execution was due to cause or accident
other than his own spontaneous
desistance.
⮚ OVERT ACTS: Some physical activity or
deed, indicating intention to commit a
particular crime, more than a mere planning
or preparation, which if carried to its
complete termination following its natural
course, without being frustrated by external
obstacles, nor by voluntary desistance of the
perpetrator will logically ripen into a concrete
offense.
⮚ INDETERMINATE OFFENSE: One where
the purpose of the offender in performing an
act is not certain. The accused maybe
convicted for a felony defined by the acts
performed by him up to the time of
desistance. (People vs. Lamahang, 61 Phil
703)
TWO STAGES IN THE DEVELOPMENT OF A
CRIME:
1. Internal acts, such as mere ideas in the
mind of a person, are not punishable even if
they would constitute a crime, had they been
 carried out.
2. External acts cover a) preparatory acts and
b) acts of execution.
a. Preparatory acts are ordinarily not
punishable. But preparatory acts,
considered by law as independent
crimes, are punishable (e.g. the
possession of picklocks under Art. 304,
RPC, which is a preparatory act to the
commission of robbery).
b. Acts of execution are punishable under
the Revised Penal Code.
FACTORS TO CONSIDER IN DETERMINING WHETHER THE
FELONY IS ATTEMPTED, FRUSTRATED OR CONSUMMATED:
(CODE- MEN)
1. Nature of the offense
2. Elements constituting the felony
3. Manner of committing the felony
FORMAL CRIMES - consummated in one
instant, no attempt.
MATERIAL CRIMES - 3 stages of execution.
ART. 7. LIGHT FELONIES
GENERAL RULE: Light felonies are punishable
only when they have been consummated.
EXCEPTION: If committed against persons or
property, punishable even if attempted or
frustrated.
⮚ Only principals and accomplices are liable
for light felonies
⮚ Accessories are not liable, even if they are
committed against persons or property.
ART. 8. CONSPIRACY AND PROPOSAL
TO COMMIT FELONY
REQUISITES OF CONSPIRACY:
1. That two or more persons came to an
agreement;
2. That the agreement pertains to the
commission of a felony; and
3. That the execution of the felony be decided
upon.
TWO WAYS FOR CONSPIRACY TO EXIST:
1. There is a previous and express agreement;
2. The participants acted in concert or
simultaneously which is indicative of a
meeting of the minds towards a common
criminal objective. There is an implied
agreement.
REQUISITES OF PROPOSAL:
1. That a person has decided to commit a
felony; and
2. That he proposes its execution to some
other person or persons.
TWO ASPECTS OF CONSPIRACY OR
PROPOSAL TO COMMIT FELONY:
1. GENERAL RULE: As a manner of incurring
criminal liability.
2. EXCEPTION: As a separate punishable
offense.
RULES ON CONSPIRACY OR PROPOSAL TO
COMMIT A FELONY:
1. GENERAL RULE: Mere conspiracy and
proposal to commit a felony are not
punishable. Reason: conspiracy and
proposal to commit a crime are only
preparatory acts.
2. EXCEPTION: They are punishable in
cases in which the law specially
provides a penalty therefor.
⮚ When conspiracy is only a basis for incurring
criminal liability, there must be an overt act
before the co-conspirators become
criminally liable. In which case, the rule is
that: “the act of one is the act of all”.
EXCEPTION: If any of the co-conspirators
would commit a crime not agreed upon, the
same is NOT the act of all.
EXCEPTION TO THE EXCEPTION: But in
acts constituting a “single indivisible
offense”, all will be liable for a crime
committed by one co-conspirator. The
defense of a particular conspirator would be
that he tried to prevent the commission of
such other act.
ART. 9. CLASSIFICATION OF FELONIES
ACCORDING TO GRAVITY
IMPORTANCE OF THE CLASSIFICATION:
a. To determine whether these felonies can be
complexed or not;
b. To determine the prescription of the crime
and the prescription of the penalty.
ART. 10. OFFENSES NOT SUBJECT TO
THE PROVISIONS OF THE RPC
GENERAL RULE: The provisions of the RPC on
penalties cannot be applied to offenses
punishable under special laws.
EXCEPTION: If the penalties in the special law
follow the penalties in the RPC, the rules in the
RPC shall be applicable (People vs Martin
Simon, July 1994).
ART. 11. JUSTIFYING CIRCUMSTANCES
JUSTIFYING CIRCUMSTANCES - are those
where the act of a person is said to be in
accordance with law, so that such person is
deemed not to have transgressed the law and is
free from both criminal and civil liability. There is
no civil liability, except in par. 4 of Art. 11, where
the civil liability is borne by the persons
benefited by the act.
1. SELF-DEFENSE
REQUISITES:
1. Unlawful aggression (condition sine qua
non);
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. Lack of sufficient provocation on the part of
the person defending himself
⮚ UNLAWFUL AGGRESSION is equivalent to
assault or at least threatened assault of an
immediate and imminent kind.
⮚ TEST OF REASONABLENESS - the means
employed depends upon the nature and
quality of the (1) weapon used by the
aggressor, and (2) his physical condition,
character, size and other circumstances, (3)
and those of the person defending himself,
(4) and also the place and occasion of the
assault.
⮚ NOT required for reasonable necessity:
Perfect equality between the weapons used
by the one defending himself and that of the
aggressor is not required, nor material
commensurability between the means of
attack and defense. Reason: This is
because the person assaulted does not
have sufficient tranquility of mind to think
and to calculate.
⮚ Rights included in self-defense:
Self-defense includes not only the defense
of the person or body of the one assaulted
but also that of his rights, the enjoyment of
which is protected by law.
1. Includes the right to honor. Hence, a slap
on the face is considered as unlawful
aggression directed against the honor of
the actor (People vs Sabio, 19 SCRA
901),
2. Includes defense of property rights, only
if there is also an actual and imminent
danger on the person of the one
defending (People vs Apolinar, 38 O.G.
2879).
2. DEFENSE OF RELATIVES
REQUISITES:
1. Unlawful Aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. In case the provocation was given by
the person attacked, the one making the
defense had no part therein.
RELATIVES THAT CAN BE DEFENDED:
(CODE: SAD B4R)
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted brothers and
sisters, or relatives by affinity in the same
degrees.
5. Relatives by consanguinity within the fourth
civil degree
3. DEFENSE OF STRANGER
REQUISITES:
1. Unlawful Aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. The person defending be not induced by
revenge, resentment or other evil motive.
4. AVOIDANCE OF GREATER EVIL OR
INJURY
REQUISITES:
1. That the evil sought to be avoided
actually exists;
2. That the injury feared be greater than
that done to avoid it; and
3. There be no other practical and less
harmful means of preventing it.
⮚ The greater evil must not be brought about
by the negligence or imprudence of the
actor.
⮚ Civil liability referred to in a state of
necessity is based not on the act committed,
but on the benefit derived from the state of
necessity. Thus, only the person benefited
is civilly liable.
5. FULFILLMENT OF DUTY; OR LAWFUL
EXERCISE OF RIGHT OR OFFICE
REQUISITES:
1. That the accused acted in the performance
of a duty or in the lawful exercise of a right
or office;
2. That the injury caused or the offense
committed be the necessary consequence
of the due performance of duty or the lawful
exercise of such right or office.
6. OBEDIENCE TO AN ORDER ISSUED FOR
SOME LAWFUL PURPOSE
REQUISITES:
1. That an order has been issued by a superior
2. That such order must be for some lawful
purpose
3. That the means used by the subordinate to
carry out said order is lawful
ART. 12. EXEMPTING CIRCUMSTANCES
DEFINITION:
Exempting circumstances (or the
circumstances for non-imputability) - are those
grounds for exemption from punishment, 3. PERSON OVER NINE YEARS OF AGE
because there is wanting in the agent of the AND UNDER FIFTEEN, ACTING WITHOUT
crime any of the conditions which makes the act DISCERNMENT
voluntary, or negligent. Discernment - mental capacity (i.e. of a minor)
BASIS: (CODE – FINI) to fully appreciate the consequences of an
The exemption from punishment is based on the unlawful act.
complete absence of intelligence, freedom of Discernment may be shown by:
action, or intent, or on the absence of a. The manner the crime was committed;
negligence on the part of the accused. or
b. The conduct of the offender after its
(CODE: CALL) commission
JUSTIFYING EXEMPTING
CIRCUMSTANCE CIRCUMSTANCE 4. A PERSON WHO WHILE PERFORMING A
1. It affects the act 1. It affects the actor LAWFUL ACT WITH DUE CARE, CAUSES
not the actor. not the act. INJURY, BY MERE ACCIDENT WITHOUT
2. The act is 2. The act FAULT OR INTENTION OF CAUSING IT
considered to complained of is
have been done actually wrongful, ELEMENTS:
within the bounds but the actor is 1. A person is performing a lawful act;
of law; hence, not liable. ​With due care;
legitimate and ​He causes injury to another by mere accident;
lawful in the eyes ​Without fault or intention of causing it.
of the law.
3. Since the act is 3. Since the act
considered complained of is 5. A PERSON WHO ACTS UNDER THE
lawful, there is no actually wrong, COMPULSION OF AN IRRESISTIBLE FORCE
crime. there is a crime; ELEMENTS:
but since the actor 1. That the compulsion is by means of physical
acted without force.
voluntariness, 2. That the physical force must be irresistible.
there is no dolo 3. That the physical force must come from a
nor culpa. third person.
4. Since there is no 4. Since there is a
crime, nor a crime committed 6. A PERSON WHO ACTS UNDER THE
criminal, there is though there is IMPULSE OF UNCONTROLLABLE FEAR
also no liability, no criminal, there OF AN EQUAL OR GREATER INJURY
criminal nor civil. is civil liability. ELEMENTS:
1. That the threat which causes the fear is of
1. IMBECILITY OR INSANITY an evil greater than, or at least equal to, that
⮚ Insanity or imbecility exists when there is a which he is required to commit;
complete deprivation of intelligence freedom 2. That it promises an evil of such gravity and
of the will. imminence that the ordinary man would
have succumbed to it.
⮚ An insane person is not so exempt if it can
be shown that he acted during a lucid ⮚ Duress as a valid defense should be based
interval. But an imbecile is exempt in all on real, imminent, or reasonable fear for
cases from criminal liability. one’s life or limb and should not be
speculative, fanciful, or remote fear.
2 TESTS OF INSANITY:
Test of COGNITION – complete deprivation ⮚ Hence, duress is unavailing where the
of intelligence in committing the crime. accused had every opportunity to run away
Test of VOLITION – total deprivation of if he had wanted to, or to resist any possible
freedom of will. (Pp. v. Rafanan) aggression because he was also armed.

2. PERSON UNDER NINE YEARS OF AGE DISTINGUISHED FROM IRRESISTIBLE

⮚ An infant under the age of nine years is
absolutely and conclusively presumed to be
incapable of committing a crime.
⮚ The phrase “under nine years” should be
construed “nine years or less”.
FORCE:
In irresistible force (par. 5), the offender
uses violence or physical force to compel
another person to commit a crime; in
uncontrollable fear (par. 6), the offender employs
intimidation or threat in compelling another to
commit a crime.
7. A PERSON WHO FAILS TO PERFORM AN As to May be offset by Cannot be
ACT REQUIRED BY LAW, WHEN offset aggravating offset
PREVENTED BY SOME LAWFUL OR circumstance
INSUPERABLE CAUSE.
Where subsections 1 to Arts. 68, 69
found 10 of Article 13, and 64 of the
ELEMENTS:
RPC. RPC.
1. That an act is required by law to be done
2. That a person fails to perform such act
3. That his failure to perform such act was due PARAGRAPH 1: INCOMPLETE JUSTIFYING
to some lawful or insuperable cause. OR EXEMPTING CIRCUMSTANCE
1. Applies, when all the requisites necessary to
ABSOLUTORY CAUSES justify the act are not attendant.
DEFINITION: 2. But in the case of “incomplete self-defense,
defense of relatives, and defense of
Absolutory cause – a circumstance which
stranger”, unlawful aggression must be
is present prior to or simultaneously with the
present, it being an indispensable requisite.
offense by reason of which, the accused
who acts with criminal intent, freedom and
PARAGRAPH 2: UNDER 18, OR OVER 70
intelligence does not incur criminal liability
YEARS OLD
for an act which constitutes a crime, such
LEGAL EFFECTS OF VARIOUS AGES OF
as:
OFFENDER:
1. Spontaneous desistance (Art.6)
1. The age of absolute irresponsibility - Under
2. Accessories who are exempt from
9 years of age, an exempting circumstance
criminal liability (Art. 20)
(Art. 12, par. 2);
3. Death or physical injuries under
2. The age of mitigated responsibility - Over 9
exceptional circumstances (Art. 247)
and under 15 years of age, acting without
4. Persons exempt from criminal liability in
discernment is also an exempting
theft, swindling and malicious mischief
circumstance, (Art. 12, par. 3; see Art. 68,
(Art. 332)
par. 1);
5. Instigation is an absolutory cause.
3. Minor delinquent (under 18 years of age),
REASON: An instigator practically
the sentence may be suspended (Art. 192,
induces the “would-be accused” into the
PD 603, as amended by PD 1179);
commission of the offense, and himself
4. Under 18 years of age, privileged mitigating
becomes a co-principal. Sound public
circumstance (Art. 68);
policy requires that the courts condemn
5. age of full responsibility - 18 years or over,
this practice by directing the acquittal of
full criminal responsibility;
the accused.
6. The age of mitigated responsibility - 70
years or over, mitigating circumstance (Art.
ART. 13. MITIGATING CIRCUMSTANCES
13, par. 2), no imposition of death penalty
DEFINITION:
(Art. 47, par. 1), execution of death sentence
Mitigating circumstances - those which, if
if already imposed is suspended and
present in the commission of the crime, do not
commuted (Art. 83).
entirely free the actor from criminal liability, but
serve only to reduce the penalty.
PARAGRAPH 3: NO INTENTION TO COMMIT
SO GRAVE A WRONG
BASIS: (CODE: FILI)
1. If the offender had no intention to commit so
Mitigating circumstances are based on
grave a wrong as that committed, he is
the diminution of either freedom of action,
entitled to a mitigating circumstance. This
intelligence, or intent, or on the lesser perversity
can be taken into account only when the
of the offender.
facts proven show that there is a notable
and evident disproportion between the
CLASSES OF MITIGATING means employed to execute the criminal act
CIRCUMSTANCES: and its consequences.
ORDINARY PRIVILEGED 2. This paragraph is not applicable to culpable
As to If not offset, it will It operates to felonies.
the operate to reduce the
effect reduce the penalty by one PARAGRAPH 4: PROVOCATION OR THREAT
penalty to the to two DEFINITION:
minimum period, DEGREES
Provocation - is understood as any unjust or
provided the depending
improper conduct or act of the offended party,
penalty is a upon what the
capable of exciting, inciting, or irritating any one.
divisible one. law provides.
REQUISITES: (CODE: SOI) OBFUSCATION
1. The provocation must be sufficient. 1. That there be an act, both unlawful and
2. It must originate from the offended party. sufficient to produce such a condition of
3. The provocation must be immediate to the mind;
commission of the crime by the person who 2. That said act which produced the
is provoked. obfuscation was not far removed from the
commission of the crime by a considerable
⮚ The threat should not be offensive and length of time, during which the perpetrator
positively strong. Otherwise, the threat to might recover his normal equanimity.
inflict real injury is an unlawful aggression,
which may give rise to self- defense. REASON: When there are causes naturally
producing in a person powerful excitement, he
PARAGRAPH 5: VINDICATION OF GRAVE loses his reason and self-control, thereby
OFFENSE diminishing the exercise of his will power.
REQUISITES:
1. That there be a grave offense done to the EXCEPTIONS: But even when there is actually
one committing the felony, his spouse, passion or obfuscation on the part of the
ascendants, descendants, legitimate, natural offender, there is no mitigating circumstance if:
or adopted brothers or sisters, or relatives a. The act is committed in a spirit of
by affinity within the same degrees; lawlessness; or
2. That the felony is committed in vindication of b. The act is committed in a spirit of revenge.
such grave offense.
PARAGRAPH 7: SURRENDER AND
⮚ Immediate vindication means proximate. CONFESSION OF GUILT
Hence, a lapse of time is allowed between TWO MITIGATING CIRCUMSTANCES ARE
the vindication and the doing of the grave PROVIDED IN THIS PARAGRAPH:
offense. 1. Voluntary surrender to a person in authority
or his agents.
PROVOCATION VINDICATION 2. Voluntary confession of guilt before the
court, prior to the presentation of evidence
1. It is made directly 1. The grave for the prosecution.
only to the person offense may be
committing the committed also REQUISITES OF VOLUNTARY SURRENDER:
felony. against the (CODE: ASV)
offender’s 1. That the offender had not been actually
relatives arrested;
mentioned by 2. That the offender surrendered himself to a
law. person in authority or to the latter’s agent;
3. That the surrender was voluntary.
2. The cause that 2. The offended
brought about the party must have
WHEN SURRENDER VOLUNTARY – A
provocation need done a grave
surrender to be voluntary must be
not be a grave offense to the
spontaneous, showing the intent of the
offense. offender or his
accused to submit himself unconditionally to the
relatives
authorities, either because:
mentioned by
1. he acknowledges his guilt; or
law.
2. he wishes to save them the trouble and
3. It is necessary 3. The vindication of
expense necessarily incurred in his
that the the grave offense
search and capture.
provocation or may be
threat immediately proximate, which
REQUISITES OF VOLUNTARY PLEA OF
preceded the act. admits of an
GUILTY:
INTERVAL of
(CODE: SCoP)
time.
1. That the offender spontaneously
confessed his guilt;
PARAGRAPH 6: PASSION OR OBFUSCATION 2. That the confession of guilt was made in
REQUISITES: open court, that is, before the competent
1. The accused acted upon an impulse. court that is to try the case; and
2. The impulse must be so powerful that it 3. That the confession of guilt was made prior
naturally produced passion or obfuscation in to the presentation of evidence for the
him. prosecution.
REQUISITES OF THE MITIGATING
CIRCUSTANCE OF PASSION OR
 PARAGRAPH 8: PHYSICAL DEFECT OF THE (10) Unlawful entry
OFFENDER (11) By breaking wall, etc.
DEFINITION: (12) Aid of a minor (under 15 years)
Physical defect - referred to in this paragraph is
such as being armless, cripple, or a stutterer, 2. SPECIFIC-- those that apply only to
whereby his means to act, to defend himself, or particular crimes.
to communicate with his fellow human beings, is ⮚ USUALLY: ignominy in crimes against
limited. However, it is essential that the physical chastity; or cruelty and treachery in crimes
defect has some relation to the crime committed against persons
by him. ⮚ ENUMERATED:
(1) disregard of rank, age, or sex of
PARAGRAPH 9: ILLNESS OF THE offended party
OFFENDER (2) superior strength; or means to weaken
REQUISITES: the defense
1. That the illness of the offender diminishes (3) treachery
the exercise of his will power. (4) ignominy
2. That such illness should not deprive the (5) cruelty
offender of consciousness of his acts. (6) use of unlicensed firearm in murder or
homicide (Section 1, RA 8294)
PARAGRAPH 10: SIMILAR AND
ANALOGOUS CIRCUMSTANCES 3. QUALIFYING– those that change the nature
of the crime.
⮚ Authorizes the court to consider in favor of ⮚ EXAMPLES: Alevosia (treachery), or evident
the accused “any other circumstance of a premeditation qualifies the killing of a person
similar nature and analogous to those to murder
mentioned” in paragraphs 1 to 9 of Article 4. INHERENT– those that must, of necessity,
13. accompany the commission of the crime.
These will not aggravate the crime.
ART. 14 AGGRAVATING ⮚ EXAMPLE: Evident premeditation is
CIRCUMSTANCES inherent in robbery, theft, estafa, adultery, or
DEFINITION: concubinage
Aggravating circumstances - are those which,
if attendant in the commission of the crime, (CODE: NO)
serve to increase the penalty without, however, QUALIFYING GENERIC
exceeding the maximum of the penalty provided AGGRAVATING AGGRAVATING
by law for the offense. CIRCUMSTANCE CIRCUMSTANCE

BASIS: 1. It does not only 1. Its effect is to

They are based on the greater perversity of the give the crime its increase the
offender manifested in the commission of the proper and penalty, which
felony, as shown by (1) the motivating power exclusive name, should be
itself, (2) the place of commission, (3) the means but also places imposed upon the
and ways employed, (4) the time, or (5) the the author thereof accused without
personal circumstances of the offender, or of the in such a situation exceeding the limit
offended party. as to deserve no prescribed by law.
other penalty than It does not change
FOUR KINDS OF AGGRAVATING that specially the crime
CIRCUMSTANCES: prescribed by law
1. GENERIC– those that can generally apply to for said crime.
all crimes
⮚ USUALLY: dwelling; nighttime; recidivism 2. It cannot be offset 2. It may be
⮚ ENUMERATED: by an ordinary compensated by a
(1) Advantage taken of public position mitigating mitigating
(2) Contempt or insult to public authorities circumstance. circumstance.
(3) Commission in the dwelling of the
offended party MODIFICATIONS IN THE APPLICATION OF
(4) Abuse of confidence; or obvious SOME AGGRAVATING CIRCUMSTANCES
ungratefulness (ACs)
(5) Places of commission (CODE: No Personal Knowledge of Public
(6) Nighttime; uninhabited place; or band Syndicate)
(7) Recidivism 1. ACs WHICH DO NOT HAVE THE EFFECT
(8) Reiteracion OF INCREASING THE PENALTY. (a)
(9) Craft, fraud, or disguise Those which in themselves, constitute a
 crime specially punishable by law, and (b)
those which are included by the law in
defining a crime and prescribing the penalty
therefore (Art. 62, par. 1).
2. ACs WHICH ARE PERSONAL TO THE
OFFENDERS. Those which arise: a) from
the moral attributes of the offender, or b)
from his private relations with the offended
party, or c) from any other personal cause,
shall only serve to aggravate the liability of
the principals, accomplices, and accessories
as to whom such circumstances are
ATTENDANT (Art. 62, par. 3).
3. ACs WHICH DEPEND FOR THEIR
APPLICATION UPON THE KNOWLEDGE
OF THE OFFENDERS. Those which
consist 1) in the material execution of the
act, or 2) in the means employed to
accomplish it, shall serve to aggravate the
liability of those persons only who had
KNOWLEDGE of them at the time of the
execution of the act or their cooperation
therein (Art. 62, par. 4).
4. When in the commission of the crime,
advantage was taken by the offender of his
public position, or when the offense was
committed by a person who belongs to a
syndicated crime group, the maximum
penalty shall be imposed regardless of
mitigating circumstances.
PARAGRAPH 1: ADVANTAGE TAKEN OF
PUBLIC POSITION
TEST: Did the accused abuse his office in
order to commit the crime?
THIS CIRCUMSTANCE NOT APPLIED IN:
1. FALSIFICATION OF DOCUMENT
COMMITTED BY PUBLIC OFFICERS
UNDER ART. 171.
2. ACCESSORIES UNDER ART. 19, PAR.
3 (3) seduction and (4) rape in Art. 266-A
3. CRIMES COMMITTED BY PUBLIC
OFFICERS (FOUND IN ARTS.
204-245).
PARAGRAPH 2: CONTEMPT OR INSULT TO
PUBLIC AUTHORITIES
REQUISITES:
1. That the public authority is engaged in the
exercise of his functions.
2. That he who is thus engaged in the exercise
of said functions is NOT the person against
whom the crime is committed.
3. The offender knows him to be a public
authority.
4. His presence has not prevented the offender
from committing the criminal act.
⮚ Knowledge that a public authority is present
is essential.
DEFINITION:
A Public Authority, sometimes also called a
“person in authority”, is a public officer who is
directly vested with jurisdiction, that is, a public
officer who has the power to govern and execute
the laws.
PARAGRAPH 3: DISREGARD OF RANK,
AGE, OR SEX OF OFFENDED PARTY; OR
COMMISSION IN THE DWELLING OF THE
OFFENDED PARTY
⮚ If all the four circumstances enumerated in
this paragraph are present, they have the
weight of only one aggravating
circumstance.
​ hat the act be committed with insult or in
T
disregard of the respect due the offended
party on account of the –
a. rank of the offended party. There must
be a difference in the social condition of
the offender and the offended party.
b. age of the offended party. Applies to
cases where the victim is of tender age
as well as of old age.
c. sex of the offended party. This refers to
the female sex, not to the male sex.
⮚ This circumstance (rank, age, or sex) is
applicable only in crimes against
persons or honor.
DISREGARD OF RANK, AGE, OR SEX IS NOT
AGGRAVATING IN THE FOLLOWING CASES:
a. When the offender acted with passion and
obfuscation.
b. When there exists a relationship between
the offended party and the offender.
c. When the condition of being a woman is
indispensable in the commission of the
crime. Thus, in (1) parricide, (2) abduction,
par.1, sex is not aggravating
⮚ Is disregard of sex absorbed in treachery?
The aggravating circumstance of
disregard of sex and age are NOT absorbed
in treachery because treachery refers to the
manner of the commission of the crime,
while disregard for sex and age pertains to
the relationship to the victim (P v. Lapaz;
March 31, 1989)
​ hat the crime be committed in the dwelling
T
of the offended party.
REASON for aggravating the commission of the
crime in one’s dwelling:
a. The abuse of confidence which the
offended party reposed in the offender
by opening the door to him; or
b. The violation of the sanctity of the home
by trespassing therein with violence or
 against the will of the owner. ungratefulness.
DEFINITIONS ⮚ The confidence between the offender and
⮚ Dwelling - must be a building or structure, the offended party must be immediate and
exclusively used for rest and comfort. It personal.
includes dependencies, the foot of the
staircase and enclosure under the house. PARAGRAPH 5: PLACES OF COMMISSION
Places:
⮚ There must be NO provocation, in order to 1. Palace of the Chief Executive;
consider this AC. By PROVOCATION is 2. In the presence of the Chief Executive;
meant, one which is: 3. Where public officers are engaged in the
1. Given by the owner of the discharge of their duties;
dwelling, 4. Place dedicated to religious worship.
2. Sufficient, and
3. Immediate to the commission of
the crime. PAR. 2: PAR. 5: PLACE
CONTEMPT OR WHERE PUBLIC
NOTE: For this circumstance to be INSULT TO AUTHORITIES
considered, it is NOT necessary that the PUBLIC ARE ENGAGED IN
accused should have actually entered the AUTHORITIES THE DISCHARGE
dwelling of the victim to commit the offense. OF THEIR DUTIES
It is enough that the victim was attacked 1. The public 1. The public
inside his own house, although the assailant authorities are authorities, who
may have devised means to perpetrate the performing their are in the
assault from without. duties outside of performance of
their office. their duties, must
DWELLING IS NOT AGGRAVATING IN THE be in their office.
FOLLOWING CASES: 2. The public 2. The public
a. When both offender and offended party are authority should authority may be
occupants of the same house, even if the not be the the offended party.
offended party is a servant in the house. offended party.
⮚ BUT in adultery, it is still aggravating
even if it was also the dwelling of the
unfaithful wife, because of a very grave NOTE: There is a decided case to the effect
offense against the head of the house. that the offender must have the intention to
BUT the rule is again different if both the commit a crime when he entered the place; i.e.
unfaithful wife and the paramour were “she must have murder in her heart” (People v.
living, and had the right to live, in the Jaurigue, 76 Phil 174). Any of the said places is
same house of the offended spouse. not therefore, aggravating, if the crime was
casually committed therein.
b. In robbery by use of force upon things and
trespass to dwelling because dwelling is PARAGRAPH 6: NIGHTTIME; UNINHABITED
inherent. PLACE; OR BAND
NIGHTTIME, UNINHABITED PLACE OR
PARAGRAPH 4: ABUSE OF CONFIDENCE; BAND IS AGGRAVATING –
OR OBVIOUS UNGRATEFULNESS 1. When it facilitated the commission of the
crime; or
REQUISITES OF ABUSE OF CONFIDENCE: 2. When it was especially sought for by the
1. That the offended party had trusted the offender to insure the commission of the
offender. crime or for the purpose of impunity; or
2. That the offender abused such trust by 3. When the offender took advantage thereof
committing a crime against the offended for the purpose of impunity.
party.
3. That the abuse of confidence facilitated the DEFINITIONS:
commission of the crime. 1. “For the purpose of impunity” - means to
prevent his (accused’s) being recognized, or
REQUISITES OF OBVIOUS to secure himself against detection and
UNGRATEFULNESS: punishment.
1. That the offended party had trusted the 2. “Nighttime” - is the period of darkness
offender; beginning at the end of dusk and ending at
2. That the offender abused such trust by dawn. Nighttime by and of itself is not
committing a crime against the offended necessarily aggravating. TESTS: (1) the
party; and commission of the crime must begin and be
3. That the act be committed with obvious accomplished in the nighttime; or (2) the
offense must be actually be committed in the
 darkness of the night. PAR 8 (“WITH AID OF ARMED MEN”)
3. “An uninhabited place” - is one where VS. PAR. 6 (“BY A BAND”)
there are no houses at all, a place at a BAND ARMED MEN
considerable distance from town, or where 1. requires 1. AT LEAST 2
the houses are scattered at a great distance more than three
from each other. [TEST OF UNINHABITED armed malefactors
PLACE] But whether or not the crime is
2. shall have 2. actual aid is
attended by this aggravating circumstance
acted together in the not necessary,
should be determined not by the distance of
commission of an sufficient even if
the nearest house from the scene of the
offense. offenders merely
crime, but whether or not in the place of the
relied on the aid of
commission of the offense there was a
the armed men
reasonable possibility of the victim receiving
some help. [TEST OF WHETHER OR NOT
AGGRAVATING] PARAGRAPH 9: RECIDIVIST
4. “BAND” - Whenever more than three armed REQUISITES: (CODE: TriPS CONVICTED)
malefactors shall have acted together in the 1.That the offender is on trial for an offense;
commission of an offense, it shall be 2. That he was previously convicted by final
deemed to have been committed by a band. judgment of another crime;
5. “Acted together” - means direct part in the 3. That both the first and the second offenses
execution of the act constituting the crime. are embraced in the same title of the Code;
Hence, if one of the four armed men is a 4. That the offender is convicted of the new
principal by inducement only, they do not offense.
form a band, because a principal by
inducement connotes that he has no direct ⮚ There is no recidivism if the subsequent
participation in the perpetration thereof. conviction is for an offense committed
before the offense involved in the prior
PARAGRAPH 7: ON OCCASION OF conviction.
CALAMITY OR MISFORTUNE
PARAGRAPH 10: REITERACION OR
THE REASON for the existence of this HABITUALITY
circumstance is found in the debased form of REQUISITES: (CODE: TriPLE CONVICTED)
criminality met in one who, in the midst of a 1. That the accused is on trial for an offense;
great calamity, instead of lending aid to the 2. That he previously served sentence for
afflicted, adds to their great suffering by taking another offense to which the law attaches an
advantage of their misfortune to despoil them. equal or greater penalty, or for two or more
crimes to which it attaches lighter penalty
PARAGRAPH 8: AID OF ARMED MEN, ETC. than that for the new offense.
3. That he is convicted of the new offense.
REQUISITES:
1. That armed men or persons took part in the RECIDIVISM REITERACION
commission of the crime, directly or 1. It is enough that a 1. It is necessary
indirectly. final judgment has that the offender
2. That the accused availed himself of their aid been rendered in shall have served
or relied upon them when the crime was the first offense. out his sentence
committed. for the first offense
2. Recidivism 2. The previous and
Exceptions: requires that the subsequent
1. This aggravating circumstance shall not be offenses be offenses must
considered when both the attacking party included in the NOT be embraced
and the party attacked were equally armed. same title of the in the same title of
2. This aggravating circumstance is not Code. the Code
present when the accused as well as those
who cooperated with him in the commission
of the crime acted under the same plan and FORMS OF REPETITION
for the same purpose. 1. Recidivism (Par. 9, Art. 14)
2. Reiteracion or habituality (Par. 10, Art. 14)
⮚ Aid of armed men is absorbed by 3. Multi-recidivism or habitual delinquency (Art.
“employment by a band”. 62, Par. 5)
4. Quasi-Recidivism (Art. 160)
PARAGRAPH 11: PRICE, REWARD, OR
PROMISE
⮚ When this aggravating circumstance is
present, there must be two or more
principals; the one who gives or offers the
price or promise and the one who accepts it.
⮚ The evidence must show that one of the
accused used money or other valuable
consideration for the purpose of inducing
another to perform the deed.
⮚ When this aggravating circumstance is
present, it affects not only the person who
received the price or the reward, but also the
person who gave it.
PARAGRAPH 12: BY MEANS OF
INUNDATION, FIRE, ETC.
⮚ Any of the circumstances in paragraph 12
cannot be considered to increase the
penalty or to change the nature of the
offense unless used by the offender as a
means to accomplish a criminal purpose.
PAR. 12 PAR. 7
Under par. 12, the Under par.7, the crime
crime is committed by is committed on the
means of any of such occasion of a There is treachery when the offender
acts involving great calamity or misfortune.
waste and ruin.
PARAGRAPH 13: EVIDENT PREMEDITATION
The essence of premeditation is that
the execution of the criminal act must be
preceded by cool thought and reflection upon
the resolution to carry out the criminal intent
during the space of time sufficient to arrive at a
calm judgment.
REQUISITES:
1. Proof of the time when the offender
determined to commit the crime;
2. An act manifestly indicating that the 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.
PARAGRAPH 14: CRAFT, FRAUD, OR
DISGUISE
DEFINITIONS:
1. Craft - involves the use of intellectual
trickery or cunning on the part of the
accused.
2. Fraud - involves the use of insidious
words and machination, used to induce
the victim to act in a manner, which
would enable the offender to carry out
his design.
3. Disguise - involves resort to any device
in order to conceal identity.
⮚ When there is a direct inducement by
insidious words or machinations, fraud is
present; otherwise, the act of the accused
done in order not to arouse the suspicion of
the victim constitutes craft.
PARAGRAPH 15: SUPERIOR STRENGTH; OR
MEANS TO WEAKEN DEFENSE
1. Superior Strength - To take advantage of
superior strength means to use purposely,
excessive force out of proportion to the
means of defense available to the person
attacked.
⮚ The aggravating circumstance of abuse of
superior strength depends on the age, size,
and strength of the parties.
2. Means to weaken the defense - The
offender employs means to materially
weaken the resisting power of the offended
party.
PARAGRAPH 16: TREACHERY (ALEVOSIA)
commits any of the crimes against the person,
employing means, methods or forms in the
execution thereof which tend directly and
specially to insure its execution, without risk to
himself arising from the defense which the
offended party might make.
REQUISITES:
1. That at the time of the attack, the victim was
not in a position to defend himself;
2. That the offender consciously adopted the
particular means, method or form of the
attack employed by him.
⮚ Killing a child is characterized by treachery,
because the weakness of the victim due to
his tender age results in the absence of any
danger to the accused.
RULES ON TREACHERY:CODE: (PICTA)
1. Applicable only to crimes against persons
2. Means, methods, or forms need not insure
accomplishment of crime.
3. The mode of attack must be consciously
adopted.
4. Must be present at the proper time.
5. Treachery absorbs abuse of superior
strength, aid of armed men, by a band and
means to weaken the defense.
SUMMARY OF RULES WHEN TREACHERY
IS PRESENT:
a) When the aggression is continuous,
treachery must be present in the beginning
of the assault (People vs Canete, 44 Phil
478);
b) When the assault was not continuous in that
there was an interruption, it is sufficient that
treachery was present at the moment the
fatal blow was given (US vs Baluyot, 40 Phil
385).
PARAGRAPH 17: IGNOMINY
DEFINITIONS:
Ignominy - a circumstance pertaining to the
moral order, which adds disgrace and obloquy to
the material injury caused by the crime.
It must tend to make the effects of the
crime more humiliating or to put the offended
party to shame.
WHERE APPLICABLE:
This aggravating circumstance is applicable to:
1. crimes against chastity;
2. less serious physical injuries;
3. light or grave coercion;
4. and murder.
NOTE:
The Supreme Court considered
ignominy in the crime of rape (People vs.
Torrefiel [45 O.G.8803], US vs. Iglesia [21 Phil
155], People vs. Carmina [193 SCRA 429])
PARAGRAPH 18: UNLAWFUL ENTRY
There is unlawful entry when an
entrance is effected by a way not intended for
the purpose. It must be a means to effect
entrance and not for escape.
PARAGRAPH 19: BY A WALL, ROOF,
FLOORDOOR OR WINDOW BE BROKEN
ETC.
⮚ To be considered as an aggravating
circumstance, breaking the door must be
utilized as a means to the commission of the
crime. The circumstance is aggravating only
in those cases where the offender resorted
to any of said means to enter the house. If
broken to get out of the place, it is not an
aggravating circumstance.
PARAGRAPH 20: AID OF MINOR (UNDER
15YEARS); OR BY MEANS OF MOTOR
VEHICLES, ETC.
TWO DIFFERENT CIRCUMSTANCES ARE
GROUPED IN THIS PARAGRAPH.
The first one tends to repress the
frequent practice resorted to by professional
criminals to avail themselves of minors taking
advantage of their irresponsibility; while the
second one is intended to counteract the great
facilities found by modern criminals in said
means to commit crime, and then flee and
abscond once the same is committed.
PARAGRAPH 21: CRUELTY
ESSENCE:
THERE IS CRUELTY when the culprit
enjoys and delights in making his victim suffer
slowly and gradually, causing him unnecessary
physical pain in the consummation of the
criminal act.
REQUISITES:
1. That the injury caused be deliberately
increased by causing other wrong;
2. That the other wrong be unnecessary for the
execution of the purpose of the offender.
IGNOMINY VS. CRUELTY
Ignominy (par. 17) involves moral suffering,
while cruelty (par. 21) refers to physical
suffering.
ART. 15 ALTERNATIVE
CIRCUMSTANCES
Alternative circumstances are those,
which must be taken into consideration as
aggravating or mitigating, according to the
nature and effects of the crime and the other
conditions attending its commission.
THE ALTERNATIVE CIRCUMSTANCES ARE:
(CODE: RID)
1. Relationship
2. Intoxication
3. Degree of instruction and education of the
offender
1. RELATIONSHIP - The alternative
circumstance of relationship shall be taken into
consideration when the offended party is the –
1. spouse
2. ascendant
3. descendant
4. legitimate, natural or adopted brother or
sister, or relative by affinity in the same
degree, of the offender.
⮚ The relationship of stepfather or stepmother
and stepson or stepdaughter is included by
analogy to that of ascendant and
descendant.
WHEN MITIGATING AND WHEN
AGGRAVATING:
The law is silent as to when mitigating and when
aggravating.
 a. MITIGATING: As a rule, relationship is
mitigating in crimes against property, by
analogy to Art. 332 regarding “Persons
exempt from criminal liability”. OF
COURSE in view of Art. 332, when the
crime committed is: (a) theft, (b) estafa,
or (c) malicious mischief, relationship is
exempting, and not merely mitigating.
b. AGGRAVATING: It is aggravating in
crimes against persons in cases where
the offended is a relative of a higher
degree than the offender, or when the
offender and the offended party are
relatives of the same level.
⮚ It is aggravating even if offended party is a
descendant, if offense is physical injuries
under Art. 263, except with regard to parents
who inflict injuries to their children by reason
of excessive chastisement.
⮚ In crimes against chastity, relationship is
always aggravating, regardless of whether
the offender is a relative of a higher or lower
degree of the offended party.
⮚ However, relationship is neither mitigating
nor aggravating, when relationship is an
element of the offense.
2. INTOXICATION - By state of intoxication is
meant that the offender’s mental faculties must
be affected by drunkenness.
WHEN MITIGATING AND WHEN
AGGRAVATING:
1. Mitigating, if intoxication is (1) not habitual,
or 2) not subsequent to the plan to commit a
felony.
2. Aggravating if intoxication is 1) habitual, or
2) if it is intentional (subsequent to the plan
to commit a felony).
3. DEGREE OF INSTRUCTION AND
EDUCATION OF THE OFFENDER
⮚ Low degree of instruction and education or
lack of it is generally mitigating. High
degree of instruction and education is
aggravating, when the offender availed
himself of his learning in committing the
crime.
⮚ Lack of instruction or low degree of it, is
appreciated as mitigating circumstance in
almost all crimes. EXCEPT in crimes, which
are inherently wrong, of which every rational
being is endowed to know and feel.
ART. 16. PERSONS WHO ARE
CRIMINALLY LIABLE
GRAVE AND LESS GRAVE FELONIES:
1. Principals
2. Accomplices
3. Accessories
LIGHT FELONIES:
1. Principals
2. Accomplices
⮚ The classification of the offenders as
principal, accomplice, or an accessory is
true only under the RPC but not in the
special laws because the penalties under
the latter are not graduated.
Two parties in all crimes
1. ACTIVE subject (the criminal)
2. PASSIVE subject (the injured party)
ART. 17. PRINCIPALS
KINDS OF PRINCIPALS
1. PRINCIPAL BY DIRECT PARTICIPATION -
personally takes part in the execution of the act
constituting the crime
REQUISITES:
1. That they participated in the criminal
resolution;
2 That they carried out their plan and
personally took part in its execution by acts
which directly tended to the same end.
2. PRINCIPAL BY INDUCTION - the principal by
induction becomes liable only when the principal
by direct participation committed the act
induced.
TWO WAYS OF BECOMING A PRINCIPAL
BY INDUCTION:
1. Directly forcing another to commit a crime,
Two ways of directly forcing another to
commit a crime:
1. by using irresistible force
2. by causing uncontrollable fear
2. Directly inducing another to commit a
crime
Two ways of directly inducing another to
commit a crime:
1. by giving price, or offering reward or
promise
2. by using words of command
REQUISITES of #1 (Principal by
inducement, through giving price, etc):
In order that a person maybe
convicted as a principal by inducement,
the following requisites must be present-
1. that the inducement be made
directly with the intention of
procuring the commission of the
crime; and
 2. that such inducement be the COOPERATION
determining cause of the REQUISITES:
commission of the crime by the 1. Participation in the criminal resolution,
material executor that is, there is either anterior
conspiracy or unity of criminal purpose
REQUISITES of #2 (Principal by and intention immediately before the
inducement, through words of commission of the crime charged; and
command): 2. Cooperation in the commission of the
In order that a person using words offense by performing another act,
of command maybe held liable, the without which it would not have been
following requisites must be present--- accomplished
1. That the one uttering the words of
command must have the intention of COLLECTIVE CRIMINAL RESPONSIBILITY
procuring the commission of the (WHEN THERE IS CONSPIRACY)
crime There is collective criminal responsibility
2. That the one who made the when the offenders are criminally liable in the
command must have an same manner and to the same extent. The
ascendancy or influence over the penalty to be imposed must be the same for all.
person who acted
3. That the words used must be so INDIVIDUAL CRIMINAL RESPONSIBILITY
direct, so efficacious, so powerful as (WHEN THERE IS NO CONSPIRACY)
to amount to physical or moral The criminal responsibility arising from
coercion different acts directed against one and the same
4. The words of command must be person is individual and not collective, and each
uttered prior to the commission of of the participants is liable only for the act
the crime committed by him.
5. The material executor of the crime
has no personal reason to commit ART. I8. ACCOMPLICES
the crime REQUISITES:
CODE: (COMMUNITY COOPERATES
Principal by Offender who made previous supply RELATION)
Inducement Proposal to Commit 1. That there be community of design; that is,
a Felony knowing the criminal design of the principal
1. Becomes liable 2. The mere by direct participation, he concurs with the
only when the proposal to latter in his purpose;
crime is commit a felony is 2. That he cooperates in the execution of the
committed by the punishable in offense by previous or simultaneous acts,
principal by direct treason or but does not render him a principal by direct
participation rebellion; the participation or by indispensable
person to whom cooperation; and
the proposal is 3. That there be a relation between the acts
made should not done by the principal and those attributed to
commit the crime, the person charged as accomplice.
otherwise, the
proponent ART. 19. ACCESSORIES
becomes a
principal by ⮚ An accessory must have knowledge of the
inducement commission of the crime and having
3. Inducement 2. The proposal must knowledge he took part subsequent to its
involves any involve only commission
crime. treason or
rebellion SPECIFIC ACTS OF ACCESSORIES:
(CODE: PROFIT, CONCEAL, HARBOR)
EFFECT OF ACQUITTAL OF ONE OF THE 1. By profiting themselves or assisting the
CO-CONSPIRATORS TO THE OTHER offender to profit by the effects of the crime
CO-CONSPIRATORS: 2. By concealing or destroying the body of the
As a rule, the acquittal of one of the crime to prevent its discovery
co-conspirators redounds to the benefit of the 3. By harboring, concealing or assisting in the
other co-conspirators EXCEPT when the escape of the principal of the crime
acquittal is due to circumstances personal to the
accused. 2 CLASSES OF ACCESSORIES
CONTEMPLATED IN PAR. 3 OF ART. 19
2. PRINCIPALS BY INDISPENSABLE (i.e., HARBORING, etc):
 (a) Public officers who harbor, conceal
or assist in the escape of the principal of
any crime (not light felony) with abuse of
his functions
(b) Private persons who harbor, conceal
or assist in the escape of the author of the
crime – guilty of treason, parricide,
murder, or an attempt against the life of
the President, or who is known to be
habitually guilty of some other crime
⮚ Under paragraphs 1 and 2, the accomplice
and the accessory may be tried and
convicted even before the principal is found
guilty. However, under paragraph 3
(harboring), the crime committed by and the
identity of the principal must be established
in a trial. (Ppl vs Barlam CA,59 O.G. 2474;
Ppl vs Ramos CA,62 O.G. 6860; Ppl vs Gaw
Lin CA,63 O.G. 3821)
ACCESSORY VS. PRINCIPAL AND
ACCOMPLICE
1. The accessory does not take part or
cooperate in, or induce, the commission of
the crime;
2. The accessory does not cooperate in the
commission of the offense by acts prior
thereto or simultaneous therewith;
3. The participation of the accessory in all
cases always takes place after the
commission of the crime.
ART. 20. ACCESSORIES WHO ARE
EXEMPT FROM CRIMINAL LIABILITY
SITUATIONS WHERE ACCESSORIES ARE
NOT CRIMINALLY LIABLE:
1. When the felony committed is a light felony;
and
2. When the accessory is related to the
principal as spouse, or as an ascendant, or
descendant or as a brother or sister,
whether legitimate, natural, or adopted, or
where the accessory is a relative by affinity
within the same degree, unless the
accessory himself profited from the effects
or proceeds of the crime or assisted the
offender to profit thereon.
PD 1829: Penalizes the act of any person who
knowingly or willfully obstructs, impedes,
frustrates or delays the apprehension of
suspects and the investigation and
prosecution of criminal cases. NOTE: The
benefit of the above mentioned
exceptiounsa n in Article 20 of the RPC
does not apply to PD1829.
PENALTIES
DEFINITION:
Penalty - is the suffering that is inflicted by the
State, for the transgression of a law; in its
general sense, it signifies pain.
Different juridical conditions of penalty:
1. Productive of suffering, without however
affecting the integrity of the human
personality
2. Commensurate with the offense – different
crimes must be punished with different
penalties
3. Personal – no one should be punished for
the crime of another
4. Legal – it is the consequence of a judgment
according to law
5. Certain – no one may escape its effects
6. Equal for all
7. Correctional
Theories justifying penalty:
1. Self-defense – to protect society from the
threat and wrong inflicted by the criminal
2. Reformation – to correct and reform the
offender
3. Exemplarity – to serve as an example to
deter others from committing crimes
4. Justice – an act of retributive justice, a
vindication of absolute right and moral law
violated by the criminal
THREE-FOLD PURPOSE OF THE PENALTY
UNDER THE RPC:
1. Retribution or expiation – the penalty is
commensurate with the gravity of the
offense
2. Correction or reformation- as shown by the
rules which regulate the execution of the
penalties consisting in deprivation of liberty
3. Social defense – shown by its inflexible
severity to recidivists and habitual
delinquents
ART. 22. RETROACTIVE EFFECT OF
PENAL LAWS
GENERAL RULE:
PROSPECTIVE APPLICATION
EXCEPTION:
WHEN FAVORABLE TO THE ACCUSED WHO
IS NOT A HABITUAL CRIMINAL
AN EX POST FACTO LAW IS ANY ONE
WHICH: (CODE: CAPE Civil Protection)
1. Makes criminal an act done before the
passage of the law, and which was innocent
when done, and punishes such an act;
2. Aggravates a crime, or makes it greater than
it was, when committed;
3. Changes the punishment and inflicts a
greater punishment than the law annexed to
the crime when committed;
4. Alters the legal rules of evidence, and
authorizes conviction upon less or different
testimony that the law required at the time of
the commission of the offense;
5. Assuming to regulate civil rights and
remedies only, in effect imposes penalty or
 deprivation of a right for something which Principal Penalties According to Divisibility:
when done was lawful; and a. Divisible
6. Deprives a person accused of a crime of b. Indivisible. These are:
some lawful protection to which he has 1. Death;
become entitled, such as the protection of a 2. Reclusion Perpetua;
former conviction or acquittal, or a 3. Perpetual absolute disqualification;
proclamation of amnesty 4. Public censure.
ART. 23. EFFECT OF PARDON BY THE
OFFENDED PARTY 2. Accessory penalties – those that are
As a rule, a pardon by the offended deemed included in the imposition of the
party does not extinguish criminal action, except principal penalties
as provided under Art. 344 of RPC.
This article classifies penalties according to
Two classes of injuries caused by an their gravity:
offense: 1. Capital
SOCIAL INJURY PERSONAL INJURY 2. Afflictive
1. Produced by the 1. Caused to the 3. Correctional
disturbance and victim of the 4. Light
alarm crime, who
suffered damage This corresponds to the classification of
2. Repaired through 2. Repaired through felonies according to their gravity under Art.
the imposition of indemnity which is 9:
the corresponding civil in nature 1. Grave
penalty 2. Less grave
3. Light
3. The offended 3. The offended
party cannot party may waive it
pardon the and the state has ART. 29. PERIOD OF PREVENTIVE
offender so as to no reason to insist IMPRISONMENT DEDUCTED FROM
relieve him of the on its payment TERM OF IMPRISONMENT
penalty
OFFENDERS NOT ENTITLED TO THE FULL
ART. 24. MEASURES OF PREVENTION TIME OR FOUR-FIFTHS OF THE TIME OF
OR SAFETY WHICH ARE NOT PREVENTIVE IMPRISONMENT:
CONSIDERED PENALTIES - 1. Recidivists or those convicted previously
THE FOLLOWING ARE NOT CONSIDERED twice or more times of any crime.
PENALTIES: 2. Those who upon being summoned for the
1. The arrest and temporary detention of execution of their sentence, failed to
accused persons, as well as their detention surrender voluntarily
by reason of insanity or imbecility or illness
requiring their confinement in a hospital; ARTS. 30 – 35. EFFECTS OF PENALTIES
2. The commitment of a minor to any of the
institutions mentioned in Art. 80 (now Art. ART. 36. PARDON; ITS EFFECTS
192 PD603) for the purposes specified
therein; EFFECTS OF PARDON BY THE PRESIDENT
3. Suspension from the employment or public 1. A pardon shall not restore the right to hold
office during the trial or in order to institute public office or the right of suffrage.
proceedings; EXCEPT; when any or both such rights is or
4. Fines and other corrective measures which, are expressly restored by the terms of the
in the exercise of their administrative pardon;
disciplinary powers, superior officials may 2. It shall not exempt the culprit from the
impose upon their subordinates; and payment of the civil indemnity.
5. Deprivation of rights and reparations which
the civil laws may establish in penal form. LIMITATIONS UPON THE EXERCISE OF
THE PARDONING POWER
ART. 25. PENALTIES WHICH MAY BE 1. That the power can be exercised only after
IMPOSED conviction;
2. That such power does not extend to cases
CLASSIFICATION OF PENALTIES: of impeachment.
1. Principal penalties – those expressly
imposed by the court in the judgment of ⮚ A presidential pardon affects only the
conviction. principal penalty and not the accessory
penalties, unless the same are expressly
 remitted in the pardon. 1. Every penalty imposed carries with it the
forfeiture of the proceeds of the crime and
the instruments or tools used in the
Pardon by the Chief Pardon by the commission of the crime
Executive Offended Party 2. The proceeds and instruments or tools of
1. Extinguishes the 1. Does NOT the crime are confiscated and forfeited in
criminal liability of extinguish the favor of the Government
the offender criminal liability of 3. Property of a third person who is not liable
the offender for the offense, is not subject to confiscation
2. Cannot include 2. Offended party can and forfeiture
civil liability which waive the civil 4. Property not subject of lawful commerce
the offender must liability which the (whether it belongs to the accused or to a
pay offender must pay third person) shall be destroyed
3. Granted only 3. Pardon should be
AFTER given BEFORE
CONVICTION, THE INSTITUTION APPLICATION OF PENALTIES
and may be of criminal
extended to any of prosecution, and ART. 46. PENALTY TO BE IMPOSED
the offenders must extend to UPON PRINCIPALS IN GENERAL
both/all offenders
GRADUATION OF PENALTIES:
ART. 37. COSTS – WHAT ARE 1. BY DEGREES– refers to (1) the stages of
INCLUDED execution (consummated, frustrated, or
The following are included in costs: attempted); and (2) the degree of the
1. Fees, and criminal participation of the offender
2. Indemnities, in the course of judicial (whether as principal, accomplice, or
proceedings accessory).
2. BY PERIODS– refers to the proper period of
ART. 38. PECUNIARY LIABILITIES – the penalty which should be imposed when
ORDER OF PAYMENT aggravating or mitigating circumstances
In case the property of the offender should attend the commission of the crime
not be sufficient for the payment of all his
pecuniary liabilities, the same shall be met in the ART. 47. IN WHAT CASES THE DEATH
following: PENALTY SHALL NOT BE
1. The reparation of the damage caused. IMPOSED
2. Indemnification of the consequential
damages. DEATH PENALTY IS NOT IMPOSED IN THE
3. Fine. FOLLOWING CASES:
4. Costs of proceedings. 1. UNDER AGE. When the offender is below
18 years of age at the time of the
ART. 39. SUBSIDIARY PENALTY commission of the crime.
Subsidiary penalty - is a subsidiary personal 2. OVER AGE. When the guilty person is more
liability to be suffered by the convict who has no than seventy (70) years of age
property with which to meet the fine, at the rate 3. NO COURT MAJORITY. When upon appeal
of one day for each eight pesos, subject to the or automatic review of the case by the
rules provided in Art. 39. Supreme Court, the vote of eight members
is not obtained for the imposition of the
⮚ There is no subsidiary penalty for death penalty.
non-payment of (a) the reparation of the
damage caused, (b) indemnification of the ⮚ Automatic Review is available only in
consequential damages, and (c) the cost of cases where death penalty is imposed
the proceedings. (RA 7659).

⮚ Subsidiary penalty is not an accessory CRIMES PUNISHABLE BY DEATH UNDER RA

penalty, hence it must be specifically 7659
imposed by the court in its judgment. CODE:
(MURDER CARNAPPING TRIPP QQD PARK)
ART. 45. CONFISCATION AND 1. Murder
FORFEITURE OF THE PROCEEDS OR 2. Carnapping
INSTRUMENTS OF THE CRIME 3. Treason
OUTLINE OF THE PROVISION OF THIS 4. Rape
ARTICLE: 5. Infanticide
6. Plunder 3. When the other crime is an indispensable
7. Parricide part or an element of the other offense.
8. Qualified Piracy 4. When the crimes are covered by the rules
9. Qualified Bribery on absorption
10. Violation of Certain provisions of the 5. When the crimes involved cannot be legally
Dangerous Drugs Act complexed such as when the penal
11. Piracy in general and Mutiny on the High provision specially provides that the penalty
Seas or in the Philippines Waters for other felonies shall be “in addition to” the
12. Destructive Arson penalty imposed by this article.
13. Robbery with Violence Against or 6. Where one of the offenses is penalized by a
Intimidation of Persons special law
14. Kidnapping and Serious Illegal Detention
CONTINUED CRIME– is a single crime,
ART. 48. COMPLEX CRIMES consisting of a series of acts, but all arising from
ONE CRIMINAL RESOLUTION; length of time
Plurality of Crimes - consists in the successive in the commission is immaterial.
execution, by the same individual, of different
criminal acts, upon any of which no conviction Real or Material Continued Crime
has yet been declared Plurality
1. There is a series 1. There is a series
TWO TYPES OF PLURALITY OF CRIMES: of acts performed of acts performed
1. Formal or Ideal – involves the same criminal by the offender by the offender
intent resulting in two or more crimes but for 2. Each act 2. The different acts
which there is only one criminal liability. performed by the constitute only
Ex: complex crimes under Art. 48 offender one crime, all of
constitutes a the acts
2. Material or real – refers to different criminal separate crime, performed arise
intents resulting in two or more crimes for each act is from one criminal
each of which, the accused incurs criminal generated by a resolution
liability. criminal impulse
Ex: falsification to conceal malversation

TWO KINDS OF COMPLEX CRIMES: COMPLEX CRIME SSPECIAL

1. COMPOUND CRIME (delito compuesto) COMPLEX CRIME
— a single act constitutes two or more grave 1. The combination 1. The combination
or less grave felonies. is generalized, of the offenses are
REQUISITES: that is, grave fixed by law, e.g.,
1. That only a single act is performed and/or less grave; robbery with rape
by the offender; one offense is
2. That the single act produces: (1) two necessary to
or more grave felonies, or (2) one or commit the other
more grave and one or more less 2. The penalty for 2. The penalty for
grave felonies, or (3) two or more the crime is not the specified
less grave felonies. specific but for the combination of
most serious crimes is also
2. COMPLEX CRIME PROPER (delito offense in the specific.
complejo) — an offense is a necessary maximum period.
means for committing the other.
REQUISITES:
ART. 59. PENALTY TO BE IMPOSED IN
1. That at least two offenses are
committed;
CASE OF FAILURE TO COMMIT THE
2. That one or some of the offenses CRIME BECAUSE THE MEANS
must be necessary to commit the EMPLOYED OR THE AIMS SOUGHT ARE
other; IMPOSSIBLE
3. That both or all of the offenses must BASIS FOR THE IMPOSITION OF PROPER
be punished under the same PENALTY:
statute. 1. Social danger; and
2. Degree of criminality shown by the offender
NO COMPLEX CRIME IN THE FOLLOWING
CASES:
1. In case of a continued crime ART. 61. RULES OF GRADUATING
2. When one offense is committed to conceal
PENALTIES
the other.
 Art. 61 furnishes the graduation of trial, shall have
penalties by degrees, while Art. 64 govern the been previously
convicted by final
graduation of penalties by periods. judgment of
another crime
DIAGRAM OF THE APPLICATION OF ARTS. embraced in the
50 TO 57: same title
CONSUM FRUSTRA ATTEMPTED As to the 2. The offender is 2. No period of time
MATED TED PERIOD of found guilty between the
time the within ten years former conviction
Prin 0 1 2 crimes are from his last and the last
Accom 1 2 3 committed release or last conviction
conviction
Access 2 3 4
As to the 3. The accused 3. The second and
NUMBER must be found the first offense is
In this diagram, “O” represents the of crimes guilty the third found in the same
penalty prescribed by law in defining a crime, committed time or oftener of title
the crimes
which is to be imposed on the principal in a specified
consummated offense, in accordance with the As to their 4. An additional 4. If not offset by a
provisions of Art. 64. The other figures EFFECTS penalty is also mitigating
represent the degrees to which the penalty must imposed circumstance,
serves to increase
be lowered, to meet the different situations
the penalty only to
anticipated by law. the maximum

ART. 62. EFFECTS OF THE
ATTENDANCE OF MITIGATING OR
AGGRAVATING CIRCUMSTANCES AND
OF HABITUAL DELINQUENCY
EFFECTS:
1. Aggravating circumstances (generic and
specific) have the effect of increasing the
penalty, without however exceeding the
maximum period provided by law
2. Mitigating circumstances have the effect of
diminishing the penalty
3. Habitual delinquency has the effect, not only
of increasing the penalty because of
recidivism which is generally implied in
habitual delinquency, but also of imposing
an additional penalty
REQUISITES OF HABITUAL DELINQUENCY:
CODE:(Convicted-CommittedConvicted-Commit
tedConvicted)
1. that the offender had been convicted of any
of the crimes of serious or less serious
physical injuries, robbery, theft, estafa or
falsification (CODE: FRETSL)
2. that after conviction or after serving his
sentence, he again committed, and, within
10 years from his release or first conviction,
he was again convicted of any of the said
crimes for the second time
3. that after his conviction of, or after serving
sentence for the second offense, he again
committed, and, within 10 years from his last
release or last conviction, he was again
convicted of any of said offenses, the third
time or oftener.
Habitual Recidivism
Delinquency
As to the 1. The crimes are 1. It is sufficient that
CRIMES specified the accused on
committed the date of his
ART. 63. RULES FOR THE APPLICATION
OF INDIVISIBLE PENALTIES
OUTLINE OF THE RULES:
1. When the penalty is single indivisible, it shall
be applied regardless of any mitigating or
aggravating circumstances.
2. When the penalty is composed of two
indivisible penalties, the following rules shall
be observed:
(a) When there is only one aggravating
circumstance, the greater penalty shall
be imposed.
(b) When there is neither mitigating nor
aggravating circumstances, the lesser
penalty shall be imposed.
(c) When there is a mitigating circumstance
and no aggravating circumstance, the
lesser penalty shall be imposed.
(d) When both mitigating and aggravating
circumstances are present, the court
shall allow them to offset one another.
ART. 64. RULES FOR THE APPLICATION
OF PENALTIES, WHICH CONTAIN THREE
PERIODS
OUTLINE OF THE RULES:
1. No aggravating, no mitigating- medium
period.
2. Only a mitigating circumstance- minimum
period.
3. Only an aggravating- maximum period.
CASES IN WHICH MITIGATING AND
AGGRAVATING CIRCUMSTANCES ARE NOT
CONSIDERED IN THE IMPOSITION OF
PENALTY:
1. When the penalty is single and indivisible
(except if privileged mitigating)
2. In felonies through negligence
3. The penalty to be imposed upon a Moro or
other non-Christian inhabitants
4. When the penalty is only a fine imposed by
an ordinance
5. When the penalties are prescribed by
special laws
ART. 66. IMPOSITION OF FINES
OUTLINE OF THE PROVISION:
1. The court can fix any amount of the fine
within the limits established by law.
2. The court must consider: (1) the mitigating
and aggravating circumstances; and (2)
more particularly, the wealth or means of the
culprit.
3. The court may also consider: (1) the gravity
of the crime committed; (2) the heinousness
of its perpetration; and (3) the magnitude of
its effects on the offender’s victims.
ART. 68. PENALTY TO BE IMPOSED
UPON A PERSON UNDER EIGHTEEN
YEARS OF AGE
APPLICATION OF ART. 68:
This article is not immediately applicable to a
minor under 18 years of age, because such
minor, if found guilty of the offense charged,
is not sentenced to any penalty. The
sentence is suspended and he is ordered
committed to the reformatory institution, IF,
his application therefor is approved by the
court.
This article applies to such minor if his
application for suspension of sentence is
DISAPPROVED OR if while in the
reformatory institution he becomes
INCORRIGIBLE, in which case he shall be
returned to the court for the imposition of the
proper penalty.
ART. 70. SUCCESSIVE SERVICE OF
SENTENCE
THE THREE-FOLD RULE
1. THE MAXIMUM DURATION OF THE
CONVICT’S SENTENCE shall not be more
than three times the length of time
corresponding to the most severe of the
penalties imposed upon him.
2. But in no case to exceed 40 years.
3. This rule shall apply only when the convict is
to serve 4 or more sentences successively.
4. Subsidiary penalty forms part of the penalty.
DIFFERENT SYSTEMS OF PENALTY,
RELATIVE TO THE EXECUTION OF TWO OR
MORE PENALTIES IMPOSED ON ONE AND
THE SAME ACCUSED
1. material accumulation system
No limitation whatever, and accordingly,
all the penalties for all the violations were
imposed even if they reached beyond the
natural span of human life.
2. juridical accumulation system
Limited to not more than three-fold the
length of time corresponding to the most severe
and in no case to exceed 40 years. This is
followed in our jurisdiction.
3. absorption system
The lesser penalties are absorbed by
the graver penalties.
ART. 72. PREFERENCE IN THE
PAYMENT OF CIVIL LIABILITIES
Civil liability is satisfied, by following the
chronological order of the dates of the final
judgments.
ART. 77. WHEN THE PENALTY IS A
COMPLEX ONE COMPOSED OF THREE
DISTINCT PENALTIES
DEFINITION:
A complex penalty is a penalty prescribed by
law composed of three distinct penalties, each
forming a period: the lightest of them shall be
the minimum, the next the medium, and the
most severe the maximum period.
INDETERMINATE SENTENCE LAW
Act No. 4103 as amended by Act No. 4225
INDETERMINATE SENTENCE– is a sentence
with a minimum term and a maximum term
which, the court is mandated to impose for the
benefit of a guilty person who is not disqualified
therefor, when the maximum imprisonment
exceeds one (1) year. It applies to both
violations of Revised Penal Code and special
penal laws.
I. IF THE PENALTY IS IMPOSED BY THE
RPC:
a. The Maximum Term— is that which could
be properly imposed under the RPC,
considering the aggravating and mitigating
circumstances,
b. The Minimum Term— is within the range
of the penalty one degree lower than that
prescribed by the RPC, without considering
the circumstances,
⮚ BUT when there is a privileged mitigating
circumstance, so that the penalty has to be
lowered by one degree, the STARTING
POINT for determining the minimum term of
the indeterminate penalty is the penalty next
lower than that prescribed by the Code for
the offense.
II. IF THE PENALTY IS IMPOSED BY A
SPECIAL PENAL LAW
⮚ SIMPLY for special laws, it is anything within
the inclusive range of the prescribed penalty.
Courts are given discretion and the
circumstances are not considered.
B. WHEN BENEFIT OF THE ISLAW IS NOT
APPLICABLE
The Indeterminate Sentence Law shall not apply
to the following persons:
1. sentenced to death penalty or life
imprisonment
2. treason, or conspiracy or proposal to commit
treason
3. misprision of treason, rebellion, sedition or
espionage
4. piracy
5. habitual delinquents
6. escaped from confinement, or evaded
sentence
7. granted with conditional pardon by the
President, but violated the terms thereof
8. maximum term of imprisonment do not
exceeding 1 year
9. sentenced to the penalty of destierro or
suspension only
C. RELEASE OF THE PRISONER ON
PAROLE
The Board of Pardons and Parole may authorize
the release of a prisoner on parole, after he shall
have served the minimum penalty imposed on
him, provided that:
a. Such prisoner is fitted by his training for
release,
b. There is reasonable probability that he will
live and remain at liberty without violating
the law,
c. Such release will not be incompatible with
the welfare of society.
D. ENTITLEMENT TO FINAL RELEASE AND
DISCHARGE
If during the period of surveillance such paroled
prisoner shall: (a) show himself to be a
law-abiding citizen and, (b) shall not violate any
law, the Board may issue a final certification of
release in his favor, for his final release and
discharge.
E. SANCTION FOR VIOLATION OF
CONDITIONS OF THE PAROLE
When the paroled prisoner shall violate any of
the conditions of his parole: (a) the Board may
issue an order for his arrest, and thereafter, (b)
the prisoner shall serve the remaining unexpired
portion of the maximum sentence for which he
was originally committed to prison.
F. REASONS FOR FIXING THE MAXIMUM
AND MINIMUM TERMS IN THE
INDETERMINATE SENTENCE
The minimum and the maximum terms in the IS
must be fixed, because they are the basis for the
following:
1. Whenever a prisoner has: (a) served the
MINIMUM penalty imposed on him, and (b) is
fit for release as determined by the Board of
Indeterminate Sentence, such Board may
authorize the release of the prisoner on
parole, upon terms and conditions prescribed
by the Board.
2. But when the paroled prisoner violates any of
the conditions of his parole during the period
of surveillance, he may be rearrested to
serve the remaining unexpired portion of the
MAXIMUM sentence.
3. Even if a prisoner has already served the
MINIMUM, but he is not fitted for release on
parole, he shall continue to serve until the
end of the MAXIMUM term.
THE CHILD AND YOUTH WELFARE
CODE
1. The purpose of Arts. 189 and 192 of the
Child and Youth Welfare Code is to avoid a
situation where JUVENILE OFFENDERS
would commingle with ordinary criminals in
prison.
2. If the court finds that the youthful offender
committed the crime charged against him, it
shall DETERMINE the imposable penalty
and the civil liability chargeable against him.
3. The court may not pronounce judgment of
conviction and SUSPEND all further
proceedings if, upon application of the
youthful offender, it finds that the best
interest of the public and that of the offender
will be served thereby.
4. The benefits of Article 192 of PD 603, as
amended, providing for suspension of
sentence, shall NOT APPLY TO (1) a
youthful offender who once enjoyed
suspension of sentence under its provisions,
or (2) one who is convicted of an offense
punishable by death or life imprisonment.
5. The youthful offender shall be RETURNED
to the committing court for the
pronouncement of judgment, when the
youthful offender (1) has been found
incorrigible; or (2) has willfully failed to
comply with the conditions of his
rehabilitation programs; or (3) when his
continued stay in the training institution
would be inadvisable.
6. When the youthful offender has reached the
age of TWENTY-ONE while in commitment,
the court shall determine whether –
To DISMISS the case, if the youthful
offender has behaved properly and has
shown his capability to be a useful
member of the community; or
To PRONOUNCE the judgment of
conviction, if the conditions mentioned
are not met.
7. In the latter case, the convicted offender
may apply for PROBATION. In any case,
the youthful offender shall be credited in the
service of his sentence with the full time
spent in actual commitment and detention.
8. The final release of a youthful offender
based on good conduct as provided in Art.
196 shall not obliterate his CIVIL LIABILITY
 for damages
9. A minor who is ALREADY AN ADULT at the
time of his conviction is not entitled to a
suspension of sentence
PROBATION LAW OF 1976:
PD 968, AS AMENDED
A. CONCEPT
PROBATION is a disposition under which a
defendant after conviction and sentence is
released subject to conditions imposed by the
court and to the supervision of a probation
officer.
B. APPLICATION
This shall apply to all offenders except those
entitled to benefits under PD 603 and similar
laws.
C. RULES ON GRANT OF PROBATION
1. After having convicted and sentenced a
defendant, the trial court MAY SUSPEND
the execution of the sentence, and place the
defendant on probation, upon
APPLICATION by the defendant within the
period for perfecting an appeal.
2. Probation may be granted whether the
sentence imposes a term of imprisonment or
a fine only.
3. NO application for probation shall be
entertained or granted if the defendant has
PERFECTED AN APPEAL from the
judgment of conviction.
4. Filing of application for probation operates
as a WAIVER OF THE RIGHT TO APPEAL.
5. The application shall be filed with the trial
court, and the order granting or denying
probation shall NOT BE APPEALABLE.
6. Accessory penalties are deemed suspended
once probation is granted.
D. POST-SENTENCE INVESTIGATION
The convict is not immediately placed on
probation. There shall be a prior investigation
by the probation officer and a determination by
the court.
E. CRITERIA FOR PLACING AN OFFENDER
ON PROBATION
The Court shall consider:
1. All information relative to the character,
antecedents, environment, mental, and
physical condition of the offender.
2. Available institutional and community
resources.
F. PROBATION SHALL BE DENIED IF THE
COURT FINDS THAT:
CODE: (CoRD)
1. Offender is in need of correctional treatment
2. There is undue risk of committing another
crime
3. Probation will depreciate the seriousness of
the offense committed
G. DISQUALIFIED OFFENDERS:
THE BENEFITS OF THIS DECREE SHALL
NOT BE EXTENDED TO THOSE:
1. Sentenced to serve a maximum of
imprisonment of more than 6 years.
2. Convicted of subversion or any crime against
the national security or the public order.
3. Previously convicted by final judgment of an
offense punished by imprisonment of not less
than 1 month and 1 day and/or a fine not more
than P200.
4. Once placed on probation.
H. CONDITIONS OF PROBATION
2 KINDS OF CONDITIONS IMPOSED:
1.Mandatory or general - once violated, the
probation is cancelled. They are:
a. Probationer Presents himself to the
probation officer designated to undertake
his supervision, at such place as may be
specified in the order, within 72 hours from
receipt of order;
b. He Reports to the probation officer
at least once a month
2. Discretionary or special – additional
conditions listed, which the courts may
additionally impose on the probationer
towards his correction and rehabilitation
outside prison. HOWEVER, the
enumeration is not inclusive. Probation
statutes are liberal in character and enable
the courts to designate practically ANY term
it chooses, as long as the probationer’s
Constitutional rights are not jeopardized.
Also, they must not be unduly restrictive of
probationer, and not incompatible with the
freedom of conscience of probationer.
I. PERIOD OF PROBATION
FOR HOW LONG MAY A CONVICT BE
PLACED ON PROBATION?
1. If the convict is sentenced to a term of
imprisonment of NOT more than one year,
the period of probation shall not exceed two
years.
2. In all other cases, if he is sentenced to more
than one year, said period shall not exceed
six years.
3. When the sentence imposes a fine only and
the offender is made to serve subsidiary
imprisonment, the period of probation shall
be twice the total number of days of
subsidiary imprisonment.
J. ARREST OF PROBATIONER
AND SUBSEQUENT DISPOSITIONS.
1. At any time during probation, the court may
issue a warrant for the ARREST of a
probationer for any serious violation of the
conditions of probation.
2. If violation is established, the court may (a) 3. By AMNESTY, which completely
REVOKE his probation, or (b) continue his extinguishes the penalty and all its effects.
probation and MODIFY the conditions Amnesty – is an act of the sovereign power
thereof. This order is not appealable. granting oblivion or a general pardon for a
3. If revoked, the probationer shall SERVE the past offense, and is rarely if ever exercised
sentence originally imposed. in favor of a single individual, and is usually
exerted in behalf of certain classes of
K. TERMINATION OF PROBATION persons who are subject to trial but have not
The Court may order the final discharge of yet been convicted.
the probationer upon finding that, he has 4. By ABSOLUTE PARDON; Pardon – is an
fulfilled the terms and conditions of his act of grace, proceeding from the power
probation. entrusted with the execution of the laws,
L. EFFECTS OF TERMINATION OF which exempts the individual on whom it is
PROBATION bestowed from the punishment the law
1. Case is deemed terminated. inflicts for the crime he has committed.
2. Restoration of all civil rights lost or
suspended. PARDON AMNESTY
3. Fully discharges liability for any fine To 1. Includes 1. A blanket
imposed. whom any crime and is pardon to classes
grante exercised of persons or
⮚ Note that the probation is NOT coterminous d individually by the communities who
with its period. There must first be an order President may be guilty of
issued by the court discharging the political offenses
probationer. When 2. Exercised 2. May be
exer-ci when the person is exercised even
ART. 83. SUSPENSION OF THE sed already convicted before trial or
EXECUTION OF THE DEATH SENTENCE investigation is had
Death sentence shall be suspended when the Effects 3. Merely 3. Looks
accused is a: looks FORWARD BACKWARD and
1. Woman, while pregnant; and relieves the abolishes and puts
2. Woman, within one (1) year after delivery; offender from the into oblivion the
3. Person over seventy (70) years of age; consequences of offense itself; it so
4. Convict who becomes insane, after final an offense of which overlooks and
sentence of death has been pronounced. he has been obliterates the
convicted; it does offense with which
ART. 87. DESTIERRO not work for the he is charged that
ONLY IN THE FOLLOWING CASES IS restoration of the the person
DESTIERRO IMPOSED: rights to hold public released by
CODE: (E-BCP) office, or the right amnesty stands
1. Death or serious physical injuries is caused of suffrage, unless before the law
or are inflicted, under exceptional such rights be precisely as though
circumstances (Art. 247); expressly restored he had committed
2. Failure to give bond for good behavior in by means of no offense
grave and light threats (Art. 284); pardon
3. Penalty for the concubine in concubinage 4. Does not 4. Makes an
(Art. 334); alter the fact that ex-convict no
4. When, after reducing the penalty by one or the accused is a longer a recidivist,
more degrees, destierro is the proper recidivist as it because it
penalty produces only the obliterates the last
extinction of the vestige of the crime
⮚ Although destierro does not constitute personal effects of
imprisonment, it is nonetheless a deprivation the penalty
of liberty. Art. 29 is applicable in destierro. 5. Does not 5. Does not
extinguish the civil extinguish the civil
ART. 89. HOW CRIMINAL LIABILITY IS liability of the liability of the
TOTALLY EXTINGUISHED offender offender
CRIMINAL LIABILITY IS TOTALLY As a 6. Being a 6. Being by
EXTINGUISHED: CODE(D SAAPP M) matter PRIVATE ACT by Proclamation of the
1. By the DEATH of the convict as to personal of the President, must Chief Executive
evidence
penalties; BUT as to pecuniary penalties, be pleaded and with the
liability is extinguished only when the death proved by the concurrence of
of the offender occurs before final judgment; person pardoned Congress, is a
2. By SERVICE OF SENTENCE; PUBLIC ACT of
 which the courts provisions of the and Parole under
should take notice Administrative the provision of
Code the Indeterminate
5. By PRESCRIPTION OF THE CRIME; Sentence Law
Prescription of the Crime – is the forfeiture 2. For violation of the 2. For violation of the
or loss of the right of the State to prosecute conditional terms of the
the offender, after the lapse of a certain pardon, the parole, the convict
time. convict may be CANNOT BE
PENALTIES AND THEIR PRESCRIPTIVE ordered PROSECUTED
PERIODS re-arrested or UNDER ART. 159
PENALTIES AND PRESCRIPTIVE re-incarcerated by of the RPC, he
OFFENSES PERIOD the Chief can be re-arrested
Death, Reclusion 20 years Executive, or may and
Perpetua, Reclusion be re-incarcerated to
Temporal PROSECUTED serve the
Afflictive Penalties 15 years under Art. 159 of unserved portion
Correctional penalties 10 years the Code of his original
Arresto Mayor 5 years penalty
Libel or other similar 1 year
offenses 5. by PROBATION. Please see Probation Law.
Oral Defamation and 6 months
Slander by Deed ART. 91. COMPUTATION OF
Light Offenses 2 months PRESCRIPTION OF OFFENSES
SUMMARY OR RULES:
6. By PRESCRIPTION OF THE PENALTY; 1. The period of prescription shall commence
Prescription of the Penalty – is the loss or to run from the day on which the crime was
forfeiture of the right of the Government to discovered by the offended party, the
execute the final sentence, after the lapse of authorities, or their agents.
a certain time 2. It shall be interrupted by the filing of the
Conditions necessary: complaint or information.
a.That there be final judgment; 3. It shall commence to run again when such
b.That the period of time prescribed by law proceedings terminate without the accused
for its enforcement has elapsed being convicted or acquitted, or are stopped
⮚ Usually caused by Evasion of Service of for any reason not imputable to him.
sentence 4. The term or prescription will not run when
the offender is absent from the Philippines.
7. By THE MARRIAGE OF THE OFFENDED
WOMAN with the offender in the crimes of ART. 100. CIVIL LIABILITY OF A
rape, abduction, seduction, and acts of
PERSON GUILTY OF FELONY
lasciviousness. In the crimes of rape,
A CRIME HAS A DUAL CHARACTER:
seduction, abduction, or acts of
1. As an offense against the State, because of
lasciviousness, the marriage, as provided
the disturbance of the social order; and
under Art. 344, must be contracted by the
2. As an offense against the private person
offender in good faith.
injured by the crime, UNLESS it involves the
crime of treason, rebellion, espionage,
CRIMINAL LIABILITY IS PARTIALLY contempt, and others wherein no civil liability
EXTINGUISHED: arises on the part of the offender, either
1. By CONDITIONAL PARDON; because there are no damages to be
2. By COMMUTATION OF THE SENTENCE; compensated or there is no private person
3. For GOOD CONDUCT ALLOWANCES injured by the crime
which the culprit may earn while he is
serving sentence;
ART. 102 SUBSIDIARY LIABILITY OF INN
4. By PAROLE;
KEEPERS, TAVERNKEEPERS AND
Conditional Parole PROPRIETORS OF ESTABLISHMENTS
Pardon ELEMENTS under par. 1:
1. May be given at 1. May be given after 1. That the innkeeper, tavernkeeper or
any time after final the prisoner has proprietor of establishment or his employee
judgment; is served the committed a violation of municipal ordinance
granted by the minimum penalty; or some general or special police regulation;
Chief Executive is granted by the 2. That a crime is committed in such inn,
under the Board of Pardons tavern or establishment;
3. That the person criminally liable is insolvent.
ELEMENTS under par. 2:
1. The guests notified in advance the
innkeeper or the person representing him of
the deposit of goods within the inn or house;
2. The guests followed the directions of the
innkeeper or his representative with respect
to the care and vigilance over the 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.

Art. 93. PRESCRIPTION OF PENALTIES

RULES:
1. The period shall begin to run from the date
when the culprit should evade the service of
his sentence.
2. It shall be interrupted if the defendant
should:
a) Give himself up,
b) Be captured,
c) Go to a foreign country with which the
Philippines has no extradition treaty, or
d) Commit another crime before the
expiration of the period of prescription.

ART. 104. WHAT IS INCLUDED IN CIVIL

LIABILITY
THREE CATEGORIES:
1. Restitution
2. Reparation of damage caused
3. And indemnification for consequential
damages

ART 110. SEVERAL AND SUBSIDIARY

LIABILITY OF PRINCIPALS,
ACCOMPLICES AND ACCESSORIES

1. Each within their respective class is liable in

solidum among themselves for their quotas
and subsidiarily for those of the other
persons liable.
2. Subsidiary liability is enforced: (a) first,
against the property of the principals; (b)
second, against that of the accomplices; and
(c) third, against that of the accessories.
3. The person who made the payment when
liability is in solidum or subsidiary liability
has been enforced, will have a right of action
against the others for the amount of their
respective shares.

-End of Book One-


BOOK TWO
CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS
✍ ART. 114-TREASON
ELEMENTS:
1. That the offender owes allegiance to the
Government of the Philippines
2. That there is a war in which the Phil. is
involved
3. That the offender either (modes of
committing)
a.) levies war against the government; or
b.) adheres to the enemies, giving them full
support
Ways of being committed
1. Levying war
⮚ That there be an actual assembling of
men for the purpose of executing a
treasonable design by force
2. Adherence to the enemy rendering him aid
and comfort
“AID/COMFORT” means an act which
strengthens or tends to strengthen the enemy in
the conduct of war against the traitor’s country
or any act which weakens or tends to weaken
the power of the traitor’s country to resist or to
attack the enemy
Ways of proving Treason:
1. Two-witness rule
2. Confession of guilt in open court
⮚ Treason absorbs crimes committed in
furtherance thereof.
⮚ Treason committed in a foreign country may
be prosecuted in the Philippines. (Art.2,
RPC)
⮚ Treason by alien must be committed in the
Phils. (EO 44).
⮚ Treason is a CONTINUOUS OFFENSE .
✍ ART. 115- CONSPIRACY &
PROPOSAL TO COMMIT TREASON
Committed when in time of war, two or more
persons come to an agreement and decide to
commit it, or when one person proposes to
another: (1) to levy war against the Government,
or (2) to adhere to the enemies and to give
them aid and comfort.
⮚ As a general rule, conspiracy and proposal
to commit a felony is not punishable
(ART.8).
⮚ Two-witness rule does not apply because
this is a separate and distinct offense.
✍ ART. 116- MISPRISION OF
TREASON
ELEMENTS:
1. That the offender is a citizen of the
Philippines
2. That he has knowledge of any conspiracy
against the Government
3. That the conspiracy is one to commit
treason
4. That he conceals or does not disclose and
make known the same as soon as possible
to the proper authority.
.
⮚ Art. 116 does not apply when treason is
already committed and the accused does
not report its commission.
⮚ Offender is not punished as an accessory to
treason but as a principal in misprision.
✍ ART. 117- ESPIONAGE
TWO WAYS OF COMMITTING:
1) By entering, without authority, a warship,
fort, or military or naval establishment or
reservation to obtain any information, plan or
other data of confidential nature relative to the
defense of the Phil.
2) By disclosing to the representative of a
foreign nation the contents of the articles, data,
or information referred to in the preceding
paragraph, which he had in his possession by
reason of the public office he holds.
✍ COMMONWEALTH ACT 616 – AN ACT
TO PUNISH ESPIONAGE AND OTHER OFFENSES AGAINST
THE NATIONAL SECURITY
Acts Penalized
1. Unlawfully obtaining or permitting to be
obtained information affecting national defense
2. Unlawfully disclosing information
affecting national defense
3. Disloyal acts or words in time of peace
4. Disloyal acts or words in time war
5. Conspiracy to commit the preceding
acts
6. Harboring or concealing violators of the
Act.
⮚ Espionage may be committed both in time of
peace and war.
✍ ART. 118- INCITING TO WAR OR
GIVING MOTIVES FOR REPRISALS
ELEMENTS:
1. That the offender performs unlawful or
unauthorized acts; and
2. That such acts provoke or give occasion for
(a) a war involving or liable to involve the
Phils. or (b) expose Filipino citizens to
reprisals on their persons & property.
✍ ART. 119- VIOLATION OF
NEUTRALITY
ELEMENTS:
1. That there is a war in which the Phils. is not
involved,
2. That there is a regulation issued by a
competent authority for the purpose of
enforcing neutrality, and
3. That the offender violates such regulation.
✍ ART. 120- CORRESPONDENCE WITH
HOSTILE COUNTRY
ELEMENTS:
1. That it is made in time of war where the
Phils. is involved
2. That the offender makes correspondence
with the: (a) enemy country or (b) territory
occupied by the enemy troops
3. That the correspondence is either:
a) prohibited by the Government,
or
b) carried on in ciphers or conventional
signs containing data which might be
useful to the enemy.
✍ ART. 121- FLIGHT TO ENEMY’S
COUNTRY
ELEMENTS:
1. That there is a war in which the Phil. is
involved
2. That the offender owes allegiance to the
Government
3. That the offender attempts to flee or go to
enemy country
4. That going to enemy country is prohibited by
the competent authority
✍ ART. 122- PIRACY IN GENERAL &
MUTINY ON THE HIGH SEAS
ELEMENTS OF PIRACY:
1. That a vessel is on high seas,
2. That the offenders are not members of its
complement or passengers of the vessel
3. That the offenders a) attack or seize the
vessel or b) seize the whole or part of the
cargo of said vessel, its equipment or
personal belongings of its compliment or
passengers
HIGH SEAS – any waters on the seacoast
which are without the boundaries of low-water
mark, although such waters may be in the
jurisdictional limits of a foreign Government.
VESSEL – any vessel or watercraft used for (a)
transport of passengers and cargo or (b) for
fishing.
⮚ Pursuant to Art 122 as amended by PD
532: Piracy and Mutiny may be committed in
Philippine waters
⮚ PD 532 (ANTI-PIRACY AND
ANTI-HIGHWAY ROBBERY LAW OF 1974)
punishes the act of AIDING OR ABETTING
PIRACY.
REQUISITES:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such
pirates, or in any manner derives any benefit
therefrom;
3. Directly or indirectly abets the commission of
piracy.
NOTE: Under PD 532, piracy may be committed
even by a passenger or member of the
complement of the vessel
⮚ MUTINY ON THE HIGH SEAS – the
unlawful resistance to a superior, or the
raising of commotions and disturbances on
board a ship against the authority of its
commander.
✍ ART. 123- QUALIFIED PIRACY
ELEMENTS:
1. Whenever the offenders have seized the
vessel by boarding or firing upon the same
2. Whenever the pirates have abandoned their
victims without means of saving themselves
3. Whenever the crime is accompanied by
murder, homicide, physical injuries, or rape
⮚ “CRIMES” referred to in the article pertain to
piracy and mutiny on the high seas
 REPUBLIC ACT 6235 – AIRCRAFT
PIRACY/ HIJACKING
ACTS PUNISHED:
1. usurping or seizing control of an aircraft of
Philippine registry while it is in flight;
compelling the pilots thereof to change its
course or destination
2. usurping or seizing control of an aircraft of
foreign registry, while within Philippine
territory, compelling the pilots thereof to land
in any part of Philippine territory
3. carrying or loading on board an aircraft
operating as a public utility passenger
aircraft in the Philippines flammable,
corrosive, explosive or poisonous
substances; and
4. loading, shipping, or transporting on board a
cargo aircraft operating as a public utility in
the Philippines, flammable, corrosive, or
poisonous substance if not done in
accordance with the rules and regulations of
the Air Transportation Office.
⮚ Aircraft is “IN FLIGHT” from the moment all
 exterior doors are closed following
embarkation until the same doors are again
opened for disembarkation.
CRIMES AGAINST THE FUNDAMENTAL LAW
OF THE STATE
⮚ All offenses in this Title are required to be
committed by public officers except except
Offending the religious feelings
✍ ART. 124- ARBITRARY DETENTION
ELEMENTS:
1. That the offender is a public officer or
employee
2. That he detains a person
3. That the detention is without legal grounds
LEGAL GROUNDS FOR THE DETENTION OF
PERSONS:
1) The commission of the crime
2) Violent insanity or other ailment
requiring compulsory confinement of the patient
in a hospital
✍ ART. 125- DELAY IN THE DELIVERY
OF DETAINED PERSONS TO THE
PROPER JUDICIAL AUTHORITIES
ELEMENTS:
1. That the offender is a public officer or
employee
2. That he has detained a person for some
legal ground ( Sec. 5, Rule 113, Rules of
Court)
3. That he fails to deliver such person to the
proper judicial authorities within:
∙ 12 hrs. for light penalties or their equivalent.
∙ 18 hrs. for correctional penalties or their
equivalent
∙ 36 hrs. for afflictive penalties or their equivalent
⮚ If the offender is a private individual – the
crime is ILLEGAL DETENTION under Art.
267
⮚ The detention is legal from the beginning but
becomes illegal after the lapse of the
prescribed periods and no delivery is made
to the proper judicial authoritites.
⮚ Art. 125 is not applicable when the arrest is
by virtue of a warrant of arrest in which case
he can be detained indefinitely.
⮚ Person arrested may request for a
preliminary investigation but must sign a
waiver of Art. 125.
⮚ “Shall fail to deliver to proper authorities” –
means filing of an information against the
person arrested with the corresponding
court or judge
✍ ART. 126- DELAYING RELEASE
ELEMENTS:
1. That the offender is a public officer or
employee
2. That there is a judicial or executive order for
the release of a prisoner or detention
prisoner, or that there is a proceeding upon
a petition for the liberation of such person
3. That the offender without good reason
delays (a) the service of the notice of such
order to the prisoner, (b) the performance
of such judicial or executive order for the
release of the prisoner or (c) the
proceedings upon a petition for the release
of such person.
✍ ART. 127- EXPULSION
ELEMENTS:
1. That the offender is a public officer or
employee
2. That he expels any person from the Phil., or
compels a person to change his residence
3. That the offender is not authorized to do so
by law
⮚ Only the President of the Phils. is authorized
to deport aliens under the Revised
Administrative Code.
⮚ Only the court by a final judgement can
order a person to change residence
VIOLATION OF DOMICILE (ARTS. 128-130)
✍ ART. 128-VIOLATION OF DOMICILE
PUNISHABLE ACTS: (CODE – SER)
1) Entering any dwelling against the will
of the owner
2) Searching papers or other effects found
therein without the previous consent of such
owner
3) Refusing to leave the premises, after
having surreptitiously entered said dwelling
and after having been required to leave the
same (offense is the refusal to leave and not the
entrance without consent)
COMMON ELEMENTS:
1. That the offender is public officer / employee
2. That he is not authorized by judicial order to
enter the dwelling and/ or to make a search
for papers and for other effects
QUALIFYING CIRCUMSTANCES:
1) If committed at nighttime
2) If any papers or effects, not constituting
evidence of a crime are not returned
immediately after a search is made by the
offender.
✍ ART. 129- SEARCH WARRANTS
MALICIOUSLY OBTAINED AND ABUSE
 IN THE SERVICE OF THOSE LEGALLY
OBTAINED
PUNISHABLE ACTS:
1. Procuring a search warrant without just
cause
2. Exceeding his authority or by using
unnecessary severity in executing a search
warrant legally procured
⮚ If search warrant is secured through false
affidavit, the crime punished by this article
cannot be complexed but will be a
separate crime from perjury since the
penalty herein provided shall be “in
addition to” the penalty of perjury.
✍ ART. 130- SEARCHING DOMICILE
WITHOUT WITNESSES
ELEMENTS:
1. That the offender is a public officer/
employee
2. That he searches the domicile, papers or
other belongings of any person
3. That he is armed with a warrant
4. That the owner or any member is his family,
or two witnesses residing in the same
locality are not present
✍ ART.131-PROHIBITION,
INTERRUPTION, & DISSOLUTION OF
PEACEFUL MEETINGS
PUNISHABLE ACTS:
1. Prohibiting or interrupting, without legal
ground the holding of a peaceful meeting, or by
dissolving the same
2. Hindering any person from joining any
lawful association or from attending any of its
meetings
3. Prohibiting or hindering any person from
addressing, either alone or together with others,
any petition to the authorities for the correction
of abuses or redress of grievances
COMMON ELEMENTS:
1) That the offender is a public officer
2) That he performs any of the acts mentioned
above
⮚ there is no legal ground to prohibit when the
danger is not imminent and the evil to be
prevented is not a serious one
⮚ offender must be a stranger, and not a
participant
CRIMES AGAINST RELIGIOUS WORSHIP
(ARTS. 132 & 133)
✍ ART. 132- INTERRUPTION OF
RELIGIOUS WORSHIP
ELEMENTS:
1. That the offender is a public
officer/employee,
2. That religious ceremonies or manifestations
of any religion are about to take place or are
going on, and
3. That the offender prevents/disturbs the
same.
⮚ Qualified by violence or threats
⮚ If the prohibition or disturbance is committed
only in a meeting or rally of a sect, it would
be punishable under Art.131.
✍ ART. 133- OFFENDING RELIGIOUS
FEELINGS
ELEMENTS:
1. That the acts complained of were performed
(a) in a place devoted to religious worship
[not necessary that there is religious
worship] or (b) during the celebration of any
religious ceremony,
2. That the acts must be notoriously offensive
to the feelings of the faithful.
⮚ May be committed by a public officer or a
private individual
CRIMES AGAINST PUBLIC ORDER
(ARTS. 134-160)
✍ ART. 134-
REBELLION/INSURRECTION
ELEMENTS:
1) That there be a) public uprising and
b) taking arms against the Government.
2) For the purpose of:
a) Removing from the allegiance to said
Government or its laws
i. The territory of the Phils.
ii. Any body of land, naval or other
armed forces or
b) Depriving the Chief executive or
Congress, wholly or partially, of any of
their powers or prerogatives.
✍ ART. 134-A- COUP D’ETAT
1. How - by a swift attack, accompanied by
violence, intimidation, threat, strategy or
stealth (CODE – VITSS)
2. Against whom – duly constituted authorities
of the Republic, military camp or installation,
communication networks, public utilities, or
other facilities needed for the exercise and
continued possession of power (CODE –
AM CUF)
3. Where – singly or simultaneously carried out
anywhere in the Philippines
4. By whom – by any person or persons,
belonging to the military or police or holding
any public office or employment, with or
without civilian support or employment
5. Purpose – to seize or diminish state power
⮚ Indeterminate Sentence Law is not
applicable
✍ ART. 135- PENALTY FOR
 REBELLION OR INSURRECTION OR
COUP D’ETAT
PERSONS LIABLE:
1. Persons who promote, maintain or head
2. Persons who participate or execute
commands of others
✍ ART. 136- CONSPIRACY &
PROPOSAL TO COMMIT REBELLION ,
INSURRECTION OR COUP D’ ETAT
⮚ An instance where the law punishes
preparatory acts.
✍ ART. 137- DISLOYALTY OF PUBLIC
OFFICERS /EMPLOYEES
PUNISHABLE ACTS:
1) Failing to resist a rebellion by all means
in their power
2) Continuing to discharge the duties of
their office under the control of the rebels
3) Accepting appointment to office under
the rebels
⮚ The crime presupposes the existence of
rebellion by other persons; the offender
must not be in conspiracy with the rebels
✍ ART. 138- INCITING TO REBELLION
/ INSURRECTION
ELEMENTS:
1. That the offender does not take arms or is
not in open hostility against the Government
2. That he incites others to the execution of
any of the acts of rebellion
3. That the inciting is done by means of
speeches, proclamations, writings,
emblems, banners or other representations
tending to the same end. (CODE –
SPWEBO)
✍ ART. 139- SEDITION
ELEMENTS:
1. That the offenders rise a) publicly and b)
tumultuously
2. That they employ force, intimidation, or other
means outside of legal methods
3. That the offenders employ any of those
means to attain any of the ff. objects:
a) To prevent the promulgation or
execution of any law or the holding of
any popular election.
b) To prevent the government or any public
officer from freely exercising its or his
functions, or prevent the execution of
any Administrative Order.
c) To inflict any act of hate or revenge
upon the person or property of any
public officer/employee.
d) To commit, for any political or social
end, any act of hate or revenge against
private persons or any social class.
e) To despoil, for any political or social end,
any person or the government of all its
property or any part thereof.
⮚ TUMULTUOUS – if caused by more than
three persons who are armed or provided
with the means of violence
✍ ART. 140- PENALTY FOR SEDITION
PERSONS LIABLE:
1) The leader of the sedition
2) Other persons participating in the
sedition
✍ ART. 141- CONSPIRACY TO COMMIT
SEDITION
⮚ Only Conspiracy to commit sedition is
punishable and not proposal to commit
sedition
✍ ART. 142- INCITING TO SEDITION
Punishable Acts:
1) Inciting others to commit sedition by
means of speeches, proclamations, writings,
emblems
2) Uttering seditious words or speeches
which tend to disturb the public peace
3) Writing, publishing, or circulating
scurrilous (vulgar, mean, foul) libels against the
Government or any of the duly constituted
authorities
ELEMENTS OF ACT #1
1. That the offender does not take direct part in
the crime of sedition
​That he incites others to the accomplishment of
any of the act which constitute sedition
2. That the inciting is done by means of
speeches, proclamations, writings,
emblems, cartoons, banners, or other
representations tending to the same end.
ACTS # 2 & 3 PUNISHABLE: when -
1) They tend to disturb or obstruct any
lawful officer in executing the functions of his
office
2) They tend to instigate others to cabal
and meet together for unlawful purposes
3) They suggest or incite rebellious
conspiracies or riots
4) They lead or tend to stir up the people
against the lawful authorities or disturb the
peace of the community, the safety and order of
the Government.
Rules relative to seditious words:
1. The clear and present danger rule
​Dangerous tendency rule
CRIMES AGAINST POPULAR
REPRESENTATION (ARTS. 143-145)
 ✍ ART.143- ACTS TENDING TO 2. Persons merely present at the meeting
PREVENT THE MEETING OF THE
ASSEMBLY AND SIMILAR BODIES ⮚ It is necessary that the audience is actually
ELEMENTS: incited. If in the meeting the audience is
1. That there be a projected meeting or actual incited to the commission of rebellion or
meeting of the Nat’l Assembly or any of its sedition, the crimes committed are ILLEGAL
committees or subcommittees, constitutional ASSEMBLY as regards to the organizers or
commissions or committees or divisions, or leaders or persons merely present and
of any provincial board or city or municipal INCITING TO REBELLION OR SEDITION
council or board insofar as the one inciting them is concerned
2. That the offender who may be any person
prevents such meeting by force or fraud PRESUMPTIONS:
If any person carries an unlicensed
✍ ART. 144- DISTURBANCE OF firearm, it is presumed that:
PROCEEDINGS 1) the purpose of the meeting insofar as he
ELEMENTS: is concerned is to commit acts punishable under
1. That there be a meeting of the Congress or the RPC, and
any of its committees or subcommittees, 2) he is considered a leader or organizer of
constitutional commissions or committees, the meeting.
or any provincial board or city or municipal
council or board ✍ ART. 147 ILLEGAL ASSOCIATIONS
2. That the offender does any of the ff. acts: Prohibited Association
a. He disturbs any of such meetings. Association totally or partially organized for:
b. He behaves while in the presence of 1) the purpose of committing any of the
any such bodies in such a manner as to crimes punishable under the Code
interrupt its proceedings or to impair the 2) some purpose contrary to public morals
respect due it.
PERSONS LIABLE:
⮚ Congress may also punish for contempt. 1) Founders, directors, and president of
the association.
✍ ART. 145 VIOLATION OF 2) Members of the association.
PARLIAMENTARY IMMUNITY
Punishable Acts: ASSAULT, RESISTANCE AND
1) Using force, intimidation, threats, or DISOBEDIENCE TO PERSONS IN
frauds to prevent any member from: AUTHORITY (Arts. 148-152)
a. Attending the meetings of the Congress or ✍ ART. 152- PERSONS IN AUTHORITY
any of its committees or subcommittees, & AGENTS OF PERSONS IN
constitutional commissions or committees AUTHORITY
or divisions thereof
b. Expressing his opinions or Public Person in Agent of a
Authority (PA) Person in
c. Casting his vote Officer (PO)
Authority (APA)
2) Arresting or searching any member Any person One who is One who is
while the Congress is in session, except in case who takes part directly vested charged with
such member has committed a crime punishable in the with jurisdiction. the
under the Code by a penalty higher than prision performance of maintenance of
mayor. public functions public order
in the and the
ILLEGAL ASSEMBLIES AND ASSOCIATIONS government . protection and
(Arts. 146 & 147) security of life
and property
✍ ART. 146 ILLEGAL ASSEMBLIES 2. Any person
FORMS OF ILLEGAL ASSEMBLY: who comes to
1) Any meeting attended by armed the aid of a PA.
persons for the purpose of committing any of the
crimes punishable under the Code
2) Any meeting in which the audience, ✍ ART. 148- DIRECT ASSAULTS
whether armed or not, is incited to the KINDS:
commission of the crime of treason, rebellion or 1. Simple assault
insurrection, sedition, or assault upon a person 2. Qualified assault
in authority
TWO WAYS TO COMMIT:
PERSONS LIABLE IN ILLEGAL ASSEMBLY: 1. Without public uprising, by employing
1. The organizers or leaders of the force or intimidation for the attainment of any of
meeting the purposes enumerated in defining the crimes
of sedition & rebellion
⮚ offended party need not be a
person in authority or his agent, he may be a
private individual if the object is to attain an
object of sedition
2. Without public uprising, by attacking,
by employing force or seriously intimidating or
by seriously resisting any person in authority
(PA) or any of his agents (APA), while engaged
in the performance of official duties, or on the
occasion of such performance.
DIRECT ASSAULT IS QUALIFIED WHEN:
1. Committed with a weapon
2. Offender is a public officer or employee
3. Offender lays hands upon a person in
authority
PERSON
ELEMENTS OF RESISTANCE & SERIOUS
DISOBEDIENCE:
1. That a person in authority or his agent is
engaged in the performance of official duty
or gives a lawful order to the offender
2. That the offender resists or seriously
disobeys such person in authority or his
agent
3. That the act of the offender is not included in
the provisions of Arts. 148-150
ELEMENTS OF SIMPLE DISOBEDIENCE:
1. That an APA is engaged in the performance
of official duty or gives a lawful order to the
offender,
2. That the offender disobeys such APA,
3. That such disobedience is not of a serious
nature.

DIRECT ASSAULT RESISTANCE

⮚ Additional penalty for attacking ambassador ∙ The PA or APA must ∙ Only in actual
or minister (R.A. 75) be engaged in the performance of duties
performance of official
⮚ Knowledge of the accused that the victim is duties or that he is
a PA or APA is essential assaulted by reason
thereof
✍ ART. 149- INDIRECT ASSAULT ∙ There is force ∙ Use of force is not
ELEMENTS: employed so serious
1. That an APA is the victim of any of the forms
of direct assault defined in Art. 148
2. That a person comes to the aid of the APA
3. That the offender makes use of force or CRIMES AGAINST PUBLIC DISORDERS
intimidation upon such person coming to the (ARTS. 153-156)
aid of the APA. ✍ ART. 153- TUMULTS & OTHER
DISTURBANCES OF PUBLIC ORDER
PUNISHABLE ACTS:
✍ ART. 150- DISOBEDIENCE TO 1) Causing any serous disturbance in a
SUMMONS ISSUED BY THE NAT’L public place, office or establishment
ASSEMBLY, ITS COMMITTEES OR 2) Interrupting or disturbing public
SUBCOMMITTEES, BY THE CONST. performances, functions or gatherings, or
COMMISSION, ITS COMMITTEES, peaceful meetings, if the act is not included in
SUBCOMMITTEES OR DIVISIONS Arts. 131-132.
PUNISHABLE ACTS: 3) Making an outcry tending to incite
1) Refusing, without legal excuse, to obey rebellion or sedition in any meeting, association
summons of Congress, or any commission or or public place
committee chairman or member authorized to 4) Displaying placards or emblems which
summon witnesses, provoke a disturbance of public order in such
2) Refusing to be sworn or placed under place
affirmation while before such legislative or 5) Burying with pomp the body of a person
constitutional body or official, who has been legally executed
3) Refusing to answer any legal inquiry or
to produce any books, papers, documents, or ⮚ Serious disturbance must be planned or
records in his possession, when required by intended
them to do so in the exercise of their functions,
4) Restraining another from attending as a
witness in such legislative or constitutional body, ⮚ OUTCRY – to shout spontaneously,
5) Inducing disobedience to summons or subversive or provocative words tending to
refusal to be sworn by any such body or official. stir up the people to obtain by means of
force or violence any of the objects of
✍ ART. 151- RESISTANCE & rebellion or sedition
DISOBEDIENCE TO A PERSON IN
AUTHORITY OR THE AGENTS OF SUCH ✍ ART. 154- UNLAWFUL USE OF
 MEANS OF PUBLICATION &
UNLAWFUL UTTERANCES
Punishable Acts:
1) Publishing or causing to be published as
news any false news which may endanger the
public order, or cause damage to the interest or
credit of the State
2) Encouraging disobedience to the law or
to the constituted authorities or by praising,
justifying or extolling any act punished by law, by
the same means or by words, utterances or
speeches
3) Maliciously publishing or causing to be
published any official resolution or document
without authority, or before they have been
published officially
4) Printing, publishing or distributing (or
causing the same) books, pamphlets,
periodicals, or leaflets which do not bear the real
printer’s name, or which are classified as
anonymous
✍ ART. 155- ALARMS & SCANDALS
Punishable Acts:
1) Discharging any firearm, rocket,
firecracker, or other explosive within any town or
public place, calculated to cause alarm or
danger (should not be aimed at a person
otherwise illegal discharge of firearm under Art.
254)
2) Instigating or taking an active part in any
charivari or other disorderly meeting offensive to
another or prejudicial to public tranquility
3) Disturbing the public peace while
wandering about at night or while engaged in
any other nocturnal amusements
4) Causing any disturbance or scandal in
public places while intoxicated or otherwise,
provided Art. 153 is not applicable
⮚ CHARIVARI - includes a medley of
discordant voices, a mock serenade of
discordant noises made on kettles, tin,
horns, etc. designed to annoy or insult
⮚ If the disturbance is of a serious nature, the
case will fall under Art. 153
✍ ART. 156- DELIVERING PRISONERS
FROM JAILS
ELEMENTS:
1. That there is a person confined in a jail or
penal establishment (detention included)
2. That the offender removes such person, or
helps the escape of such person
KINDS OF EVASION OF SERVICE OF
SENTENCE (ARTS. 157-159)
✍ ART.157- EVASION OF SERVICE OF
SENTENCE
ELEMENTS:
1. That the offender is a convict by final
judgement
2. That he is serving his sentence, which
consists in deprivation of liberty
3. That he evades the service of his sentence
by escaping during the term of his sentence.
CIRCUMSTANCES QUALIFYING THE
OFFENSE:
1) By means of unlawful entry
2) By breaking doors, windows, gates,
walls, roofs or floors
3) By using picklocks, false keys, disguise,
deceit, violence, or intimidation
4) Through connivance with other convicts
or employees of the penal institution
✍ ART. 158- EVASION OF SENTENCE
ON THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES,
OR OTHER CALAMITIES
ELEMENTS:
1. That the offender is a convict by final
judgement, and is confined in a penal
institution
2. That there is disorder, resulting from;
a. Conflagration
b. Earthquake
c. Explosion
d. similar catastrophe
e. mutiny in which he has not participated
3. That the offender leaves the penal institution
where he is confined, on the occasion of
such disorder or during the mutiny
4. That the offender fails to give himself up to
the authorities within 48 hrs. following the
issuance of a proclamation by the Chief
Executive announcing the passing away of
such calamity.
✍ ART. 159- OTHER CASES OF
EVASION OF SENTENCE
(CONDITIONAL PARDON)
ELEMENTS:
1. That the offender was a convict
2. That he was granted a conditional pardon by
the Chief Exec.
3. That he violated any of the conditions of
such pardon
⮚ Violation of conditional pardon is a distinct
crime
⮚ Offender can be arrested and reincarcerated
without trial – in accordance with Sec. 64(I)
of the RAC
✍ ART. 160- COMMISSION OF
ANOTHER CRIME DURING THE
SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE
(QUASI-RECIDIVISM)
ELEMENTS OF QUASI-RECIDIVISM:
1. That the offender was already convicted by
final judgement
2. That he committed a new felony before
 beginning to serve such sentence or while ⮚ Coins withdrawn from circulation may be
serving the same counterfeited

WHO CAN BE PARDONED: ✍ ART. 164- MUTILATION OF COINS-

1) At the age of 70, if he shall have already IMPORTATION & UTTERANCE OF
served out his original sentence (and not a MUTILATED COINS
habitual criminal) or PUNISHABLE ACTS:
2) When he shall have completed it after 1. Mutilating coins of the legal currency, with
reaching the said age, unless by reason of his the further requirement that there be intent
conduct or other circumstances he shall not be to damage or to defraud another
worthy of such clemency. 2. Importing or uttering such mutilated coins,
with the further requirement that there must
⮚ As distinguished from REITERACION be connivance with the mutilator or importer
(habituality) which requires that the offender in case of uttering
against whom it is considered shall have
served out his sentence for the prior ⮚ Mutilation of foreign currency not included
offenses.
⮚ Coins must be of legal tender
⮚ Cannot be offset by ordinary mitigating
circumstances ✍ ART. 165- SELLING OF FALSE OR
MUTILATED COIN WITHOUT
CONNIVANCE
CRIMES AGAINST PUBLIC INTEREST (ARTS. Punishable Acts
161-189) POSSESSION UTTERING
CRIMES CALLED FORGERIES ELEMENTS: ELEMENTS:
(ARTS. 161-174) a. Possession a. Actually
✍ ART. 161- COUNTERFEITING THE b. With intent to uttering.
SEAL OF THE GOVERNMENT, THE utter b. Knowledge
SIGNATURE, OR THE STAMP OF THE c. Knowledge
CHIEF EXEC.
Punishable Acts:
1. Forging the Great Seal of the Government of ⮚ Does not require legal tender
the Phil.
2. Forging the signature of the President ✍ ART. 166- FORGING TREASURY OR
3. Forging the stamp of the President BANK NOTES OR OTHER DOCUMENTS
PAYABLE TO THE BEARER; IMPORTING
✍ ART. 162- USING FORGED AND UTTERING SUCH FALSE OR
SIGNATURE OR COUNTERFEIT SEAL FORGED NOTES AND DOCUMENTS
OR STAMP Punishable Acts:
ELEMENTS: 1) Forging or falsification of treasury or
1. That the Great Seal of the Republic was bank notes or other documents payable to
counterfeited or the signature or stamp of bearer
the Chief Executive was forged by another 2) Importation of such false or forged
person obligations or notes
2. That the offender knew of the counterfeiting 3) Uttering of such false or forged
of forgery obligations or notes in connivance with the
3. That he used the counterfeit seal or forged forgers or importers
signature or stamp ⮚ Counterfeiting of paper bills is covered by
this felony (see People vs. Valencia)

✍ ART. 167-COUNTERFEITING,
CRIMES UNDER COUNTERFEITING COINS IMPORTING, & UTTERING
(ARTS. 163-165) INSTRUMENTS NOT PAYABLE TO THE
✍ ART. 163- MAKING AND IMPORTING BEARER
AND UTTERING FALSE COINS ELEMENTS:
ELEMENTS: 1. That there be an instrument payable to order
1. That there be false or counterfeited coins or other such document of credit not payable
2. That the offender either made, imported or to bearer
uttered such coins 2. That the offender either forged, imported or
3. That in case of uttering such false or uttered such instrument
counterfeited coins, he connived with the 3. That in case of uttering, he connived with
counterfeiters or importers the forger or importer.

✍ ART.168- ILLEGAL POSSESSION &
USE OF FALSE TREASURY OR BANK
NOTES AND OTHER INSTRUMENTS OF
CREDIT
ELEMENTS:
1. That any of said instruments is forged or
falsified by another person
2. That the offender knows that any of those
instruments is forged or falsified
3. That he performs any of these acts :
a. Using any of such forged or falsified
instruments
b. Possession with intent to use of any of
such forged or falsified instruments
✍ ART. 169- HOW FORGERY IS
COMMITTED
1) By giving a treasury or bank note or any
instrument payable to bearer or to order
mentioned therein, the appearance of a true and
genuine document
2) By erasing, substituting, counterfeiting
or altering the figures, letters, words, or sign
contained therein
⮚ Forgery includes falsification & any of the ff. acts:
counterfeiting
CLASSES OF FALSIFICATION
(ARTS. 170-173)
⮚ The crime of falsification must involve a
writing which is a document in the legal
sense.
CLASSIFICATION OF DOCUMENTS:
1) Public – (a) document created,
executed or issued by a public official in
response to exigencies of the public service, (b)
or in the execution of which a public official or
notary public intervened
2) Official – issued by a public official in
the exercise of the functions of his office; also a
public document.
3) Commercial- defined and regulated by
the Code of Commerce or other commercial law
4) Private- a deed or instrument executed
by a private person without the intervention of a
notary public or other person legally authorized,
by which document, some disposition of
agreement is proved, evidenced or set forth
Importance of Classification:
1) In private documents, criminal liability
will not arise unless there is damage caused to
third person.
2) In public or commercial documents,
criminal liability can arise although no third
person suffered damage.
✍ ART. 170-FALSIFICATION OF
LEGISLATIVE DOCUMENTS
ELEMENTS:
1. That there be a bill, resolution or ordinance
enacted or approved or pending approval by
the Nat’l Assembly or any provincial board
or municipal council
2. That the offender alters the same
3. That he has no proper authority
4. That the alteration has changed the
meaning of the document.
✍ ART. 171- FALSIFICATION BY
PUBLIC OFFICER, EMPLOYEE; OR
NOTARY OR ECCLESIASTICAL
MINISTER
ELEMENTS:
1. That the offender is a public officer,
employee or notary public
2. That he takes advantage of his official
position
REQUISITES:
a. He has a duty to make or prepare or
otherwise to intervene in the preparation
of the document
b. He has official custody of the document
which he falsifies
3. That he falsifies a document by committing
a. Counterfeiting or imitating any
handwriting, signature or rubric
b. Causing it to appear that persons have
participated in any act or proceeding
when they did not in fact so participate
c. Attributing to persons who have
participated in an act or proceeding
statements other than those in fact
made by them
d. Making untruthful statements in a
narration of facts
e. Altering true dates
f. Making any alteration or intercalation in
a genuine document which changes its
meaning
g. Issuing in authenticated form a
document purporting to be a copy of an
original document when no such original
exists, or including in such copy a
statement contrary to, or different from
that of the genuine original
h. Intercalating any instrument or note
relative to the issuance in a protocol,
registry or official book
⮚ Genuine document in pars. f,g,h is
necessary.
⮚ Falsification may be committed by
simulating or fabricating a document in
paragraphs a to e
PERSONS LIABLE:
1) Any public officer, employee or notary
public
2) Ecclesiastical minister, when the
falsification may affect the civil status of persons 2) Falsifying wireless, telegraph or tel.
messages
✍ ART. 172-FALSIFICATION BY 3) Using such falsified message
PRIVATE INDIVIDUALS & USE OF
FALSIFIED DOCUMENTS ✍ ART. 174- FALSE MEDICAL
Punishable Acts: CERTIFICATES, FALSE CERTIFICATES
1) Falsification of public, official, or OF MERIT OR SERVICE
commercial document by a private individual PERSONS LIABLE:
or by a public officer, employee or notary public 1) Physician or surgeon who, in connection
who does not take advantage of his official with the practice of his profession, issued a false
position certificate
⮚ Damage or intent to cause damage is not 2) Public officer who issued a false
necessary in this paragraph. certificate of merit or service, good conduct or
similar circumstances
2) Falsification of private document by 3) Private individual who falsified a
any person certificate falling in the classes mentioned in
⮚ The offender must have (a) counterfeited the nos. 1&2
false document and (b) he must have
performed an independent act which ✍ ART. 175- USING FALSE
operates to the prejudice of a third person CERTIFICATES
ELEMENTS:
⮚ Use of a falsified document 1. That a false certificate mentioned in the
1. in a Judicial Proceeding preceding article was issued.
⮚ no damage required 2. That the offender knew that the certificate
2. in any other transaction was false
⮚ with intent to cause damage to 3. That he used the same.
another
✍ ART. 176- MANUFACTURING &
FALSIFICATION AS A MEANS TO COMMIT ESTAFA POSSESSION OF INSTRUMENTS OR
Falsification of Falsification of IMPLEMENTS FOR FALSIFICATION
Public, Official or Private Doc. Punishable Acts:
Commercial Doc. 1) Making or introducing into the Phil. any
When committed as a Even when committed stamps, dies, marks, or other instruments or
necessary means to as a necessary means implements for counterfeiting
commit estafa, to commit estafa, 2) Possession with intent to use the
complex crime is either estafa or instruments or implements for counterfeiting or
committed. falsification only is falsification made in or introduced into the Phil.
committed. by another person
REASON:
In this type of ✍ ART. 177-USURPATION OF
falsification, an act AUTHORITY OR OFFICIAL FUNCTIONS
independent of WAYS TO COMMIT:
falsification is 1) By misrepresenting oneself to be an
required, to show officer, agent or representative of the
intent to defraud. government, whether local, national or foreign
2) By performing any act pertaining to a person
ART. 172 ART. 171 in authority or public officer of the government
the prejudice to a third prejudice to third under the pretense of official position and
party is taken into person is immaterial; without authority
account so that if what is punished is the
damage is not violation of public faith ⮚ May be violated by a public officer
apparent, or at least if and the perversion of
with no intent to cause truth ✍ ART. 178- USING FICTITIOUS NAME
it, the falsification is & CONCEALING TRUE NAME
not punishable ELEMENTS: (USING FICTITIOUS NAME)
1. That the offender uses a name other than
✍ ART. 173- FALSIFICATION OF his real name
WIRELESS, CABLE, TELEGRAPH, & 2. That he uses that fictitious name publicly
TEL. MESSAGES, & USE OF SAID 3. That the purpose of the offender is --
FALSIFIED MESSAGES a. to conceal a crime
PUNISHABLE ACTS: b. to evade the execution of a
1) Uttering fictitious wireless, telegraph or judgement
telephone messages c. to cause damage to public interest
ELEMENTS: (CONCEALING TRUE NAME)
1. That the offender conceals ---
a. His true name
b. all other personal circumstances
2. That the purpose is only to conceal his
identity
NOTE:
CA 142 punishes illegal use of alias
✍ ART. 179- ILLEGAL USE OF
UNIFORM OR INSIGNIA
ELEMENTS:
1. That the offender makes use of insignia,
uniform or dress
2. That the insignia, uniform or dress pertains
to an office not held by the offender or to a
class of persons of which he is not a
member
3. That said insignia, uniform, or dress is used
publicly and improperly
THREE FORMS OF FALSE TESTIMONY
(ARTS. 180-183)
✍ ART. 180- FALSE TESTIMONY
AGAINST A DEFENDANT
ELEMENTS:
1. That there be a criminal proceeding where
the offender testifies falsely under oath
against the defendant
2. That the offender who gives false testimony
knows that it is false
3. That the defendant against whom the false
testimony is given is either acquitted or
convicted in a final judgement.
⮚ Defendant must be sentenced to at least a
correctional penalty or a fine or must be
acquitted
✍ ART. 181- FALSE TESTIMONY
FAVORABLE TO THE DEFENDANT
⮚ Conviction or acquittal of defendant in
principal case not necessary
✍ ART. 182- FALSE TESTIMONY IN
CIVIL CASES
ELEMENTS:
1. That the testimony must be given in a civil
case
2. That the testimony must relate to the issues
presented in said case
3. That the testimony must be false
4. That the false testimony must be given by
the defendant knowing the same to be false
5. That the testimony must be malicious and
given with an intent to affect the issues
presented in said case.
⮚ Article not applicable in special proceedings
which falls under “other cases” in Art. 183.
✍ ART. 183- FALSE TESTIMONY IN
OTHER CASES AND PERJURY IN
SOLEMN AFFIRMATION
Acts Punished:
1) By falsely testifying under oath (not in
judicial proceedings)
2) By making a false affidavit
ELEMENTS OF PERJURY:
1. That the accused made a statement under
oath or affirmation or executed an affidavit
upon a material matter
2. That the statement or affidavit was made
before a competent officer, authorized to
receive and administer oath
3. That in that statement or affidavit, the
accused made a willful and deliberate
assertion of a falsehood
4. That the sworn statement or affidavit
containing the falsity is required by law.
✍ ART. 184- OFFERING FALSE
TESTIMONY IN EVIDENCE
ELEMENTS:
1. That the offender offered in evidence a false
witness or false testimony
2. That he knew the witness or the testimony
was false
3. That the offer was made in a judicial or
official proceeding
CRIMES CLASSIFIED AS FRAUDS
(ARTS. 185-189)
✍ ART. 185- MACHINATIONS IN
PUBLIC AUCTIONS
Punishable Acts:
1) Soliciting any gift or promise as a
consideration for refraining from taking part in
any public auction
2) Attempting to cause bidders to stay
away from an auction by threats, gifts, promises
or any other artifice
ESSENTIAL ELEMENT:
That there be intent to cause the
reduction of the price.
✍ ART. 186- MONOPOLIES &
COMBINATIONS IN RESTRAINT OF
TRADE
Punishable Acts:
1) Combination or conspiracy to prevent
free competition in the market
2) Monopoly to restrain free competition in
the market
3) Making transactions prejudicial to lawful
commerce or to increase the market price of
merchandise b) Sale, Administration, Delivery,
Distribution, Transportation
⮚ If the offense affects any food substance or c) Maintenance of a Den, Dive, Resort for
other particles of prime necessity, it is users
sufficient that initial steps are taken d) Employment and Visit to such Den
e) Manufacture
✍ ART. 187- IMPORTATION & f) Possession and Use
DISPOSITION OF FALSELY MARKED g) Cultivation of Plants which are sources
ARTICLES OR MERCHANDISE MADE OF of prohibited drugs
GOLD, SILVER, OR OTHER PRECIOUS h) Failure to Comply with Record
METALS OR THEIR ALLOYS Requirements of the Law
ELEMENTS: i) Unlawful Prescription
1. That the offender imports, sells or disposes j) Unnecessary Prescription
of any of those articles or merchandise k) Possession of Opium pipes, other
2. That the stamps, brands, or marks of those paraphernalia
articles of merchandise fail to indicate the
actual fineness or quality of said metals or ⮚ With respect to par. B & C, the maximum
alloy penalty shall be imposed if the victim is a
3. That the offender knows that the stamps, minor or the prohibited drug is the proximate
brands, or marks fail to indicate the actual cause of death
fineness or quality of said metals or alloy
⮚ With respect to par G, the maximum penalty
NOTE: Articles 188 and 189 have been repealed shall be imposed if the land used is public
by RA 8293 Sec. 69, The Intellectual Property domain; if private, the land shall be
Code, effective January 1, 1998. escheated to the state unless the owner
proves that he had no knowledge of such
✍ REPUBLIC ACT 455 – ON cultivation despite the exercise of due
SMUGGLING OR ILLEGAL diligence
IMPORTATION
PUNISHABLE ACTS: ⮚ Paragraph H applies only to pharmacists,
1) That the merchandise must have been physicians, veterinarians or dentists
fraudulently or knowingly imported contrary to dispensing such drugs; additional penalty of
law revocation of license
2) That the defendant, if he is not the
importer himself, must have received, Punishable Acts: (REGULATED DRUGS)
concealed, bought, sold or in any manner a) Importation
facilitated the transportation, concealment or b) Sale, Administration, Delivery, Distribution,
sale of the merchandise and that he must be Transportation
shown to have knowledge that the merchandise c) Maintenance of a Den, Dive, Resort for
had been illegally imported users
d) Manufacture
✍ CRIMES RELATED TO OPIUM AND e) Possession or Use
OTHER PROHIBITED DRUGS f) Failure to comply with Record Requirements
Dangerous Drugs Act g) Unlawful Prescription
h) Unnecessary Prescription
RA 6425
Dangerous Drugs are either:
⮚ Same rules apply with respect to par B, C &
1. PROHIBITED DRUGS: Includes Opium,
F
cocaine and its active component and
derivatives and other substances producing
⮚ EVERY PENALTY IMPOSED SHALL CARRY WITH IT THE
similar effects; Indian Hemp and all its
CONFISCATION AND FORFEITURE OF ALL THE
derivatives; all other preparations made from the
PROCEEDS OF THE CRIME, INCLUDING BUT NOT
foregoing whether natural or synthetic with the
LIMITED TO, MONEY AND OTHER ASSETS OBTAINED
physiological effects of a narcotic or
AND THE INSTRUMENTS OR TOOLS WITH WHICH IT
hallucinogenic drug
WAS COMMITTED, UNLESS THEY ARE PROPERTY OF A
3RD PERSON NOT LIABLE FOR THE OFFENSE, BUT
2. REGULATED DRUG: Includes self-inducing
THOSE WHICH ARE NOT OF LAWFUL COMMERCE SHALL
sedatives or a derivative of a salt barbituric acid;
BE DESTROYED W/O DELAY.
amphetamine, hypnotic drugs, or other drug with
same effect
⮚ Any apprehending officer who
misappropriates or fails to account shall
Punishable Acts: (PROHIBITED DRUGS)
after conviction be punished by reclusion
a) Importation
 perpetua to death and a fine ranging OBSCENE PUBLICATIONS &
P500,000.00 to P10,000,000.00. EXHIBITIONS & INDECENT SHOWS (AS
AMENDED BY PD 969)
⮚ Plea-bargaining shall not be allowed where PERSONS LIABLE:
the imposable penalty is reclusion perpetua 1) Those who shall publicly expound or
to death. proclaim doctrines openly and contrary to public
morals
⮚ If the offender is an Alien he shall be
deported immediately w/o further 2) The authors of obscene literature,
proceedings after service of sentence. (Sec. published with their knowledge in any form; the
22) editors publishing such literature; and the
owners, operators of the establishment selling
⮚ If committed by a juridical person the the same
partner, director, president or manager who
consents or knowingly tolerates such 3) Those who, in theatres, fairs,
violation shall be held liable as a cinematographs or any other place, exhibit
co-principal. (Sec. 22) indecent or immoral shows which are proscribed
or are contrary to law, public order, morals, good
⮚ If a Government. official is found guilty of customs, established policies, lawful orders,
“planting” any dangerous drugs in the decrees and edicts
person or in the immediate vicinity of
another as evidence to implicate the latter, 4) Those who shall give away or exhibit
he shall suffer the same penalty as therein films, prints, engravings, sculpture or literature
provided. which are offensive to morals

⮚ Acquittal in a case of importation does not ✍ ART. 202- VAGRANTS &

bar prosecution for illegal possession of PROSTITUTES
opium because they are 2 distinct crimes. PERSONS LIABLE:
1) Any person having no apparent means
⮚ Illegal possession of pipe is included in of subsistence, who has the physical ability to
illegal possession of opium if the opium and work and who neglects to apply himself to some
the pipe were found in the same place and lawful calling
at the same time and by the same person.
Reason: there is a single criminal act 2) Any person found loitering about public
impelled by a single criminal intent. or semipublic buildings or places, or tramping or
wandering about the country or the streets
without visible means of support
CRIMES AGAINST PUBLIC MORALS (ARTS.
195-202) 3) Any idle or dissolute person who lodges
 ARTS. 195-199, PROVISIONS OF PD. 483 & in houses of ill fame; ruffians or pimps and those
449 ARE REPEALED WHICH ARE who habitually associate with prostitutes
INCONSISTENT WITH PD 1602 OR
PRESIDENTIAL DECREE PRESCRIBING 4) Any person who, not being included in
STIFFER PENALTIES ON ILLEGAL the provisions of other articles of this Code, shall
GAMBLING. be found loitering in any inhabited or uninhabited
place belonging to another without any lawful or
justifiable purpose
OFFENSES AGAINST DECENCY AND GOOD
CUSTOMS ( ARTS. 200-202) PROSTITUTES - women who, for money or
✍ ART. 200- GRAVE SCANDAL profit, habitually indulge in sexual intercourse or
ELEMENTS: lascivious conduct
1. That the offender performs an act or acts
2. That such act or acts be highly scandalous ✍ ART. 203 WHO ARE PUBLIC
as offending against decency and good OFFICERS
customs REQUISITES:
3. That the highly scandalous conduct is not 1. Taking part in the performance of public
expressly falling within any other article of functions in the Government or performing in
this Code said Government or in any of its branches
4. That the act or acts complained of be public duties as an employee, agent or
committed in a public place or within the subordinate official of any rank or class
public knowledge or view. 2. That his authority must be –
a. By direct provision of law
✍ ART. 201- IMMORAL DOCTRINES, b. By popular election
 c. By appointment by competent authority
CRIMES OF MALFEASANCE &
MISFEASANCE IN OFFICE
(ARTS. 204-211)
∙ MISFEASANCE- improper performance of
some act which might lawfully be done
∙ MALFEASANCE- the performance of some
act which ought not to be done
∙ NONFEASANCE- omission of some act which
ought to be performed
✍ ART. 204- KNOWINGLY RENDERING
UNJUST JUDGEMENT
ELEMENTS:
1. That the offender is a judge
2. That he renders a judgement in a case
submitted to him for decision
3. That the judgment is unjust
4. That the judge knows that his judgement is
unjust.
✍ ART. 205- JUDGEMENT THROUGH
NEGLIGENCE
ELEMENTS:
1. That the offender is a judge
2. That he renders a judgement in a case
submitted to him for decision
3. That the judgment is manifestly unjust
4. That it is due to his inexcusable negligence
or ignorance
✍ ART. 206- UNJUST
INTERLOCUTORY ORDER
ELEMENTS:
1. That the offender is a judge
2. That he performs any of the ff. acts:
a. Knowingly renders unjust interlocutory
order or decree.
b. Renders a manifestly unjust
interlocutory order or decree through
inexcusable negligence or ignorance
✍ ART. 207- MALICIOUS DELAY IN
THE ADMINISTRATION OF JUSTICE
ELEMENTS:
1. That the offender is a judge
2. That there is a proceeding in his court
3. That he delays the administration of justice
4. That it is caused by the judge with deliberate
intent to inflict damage on either party in the
case
✍ ART. 208- PROSECUTION OF
OFFENSES; NEGLIGENCE &
TOLERANCE
Punishable Acts:
1) Maliciously refraining from instituting
prosecution against violators of the law
2) Maliciously tolerating the commission of
offenses
REQUISITES:
1. That the offender is a public officer who has
a duty to cause the prosecution of, or to
prosecute offenses
2. That knowing the commission of the crime,
he does not cause the prosecution of the
criminal or knowing that a crime is about to
be committed he tolerates its commission
3. That the offender acts with malice and
deliberate intent to favor the violator of the
law
✍ ART. 209- BETRAYAL OF TRUST BY
AN ATTY. OR SOLICITOR
Punishable Acts:
1) Causing damage to his client, either:
(a) by any malicious breach of professional
duty; or
(b) inexcusable negligence or ignorance
2) Revealing any of the secrets of his client
learned by him in his professional capacity
⮚ damage is not necessary
3) Undertaking the defense of the
opposing party in the same case without the
consent of his first client.
✍ ART. 210- DIRECT BRIBERY
Punishable Acts:
1) Agreeing to perform, or by performing,
in consideration of any offer, promise, gift or
present --- an act constituting a crime, in
connection with the performance of his official
duties
2) Accepting a gift in consideration of the
execution of an act which does not constitute a
crime, in connection with the performance of his
official duty
3) Agreeing to refrain, or by refraining,
from doing something which it is his official duty
to do, in consideration of a gift or promise
QUALIFIED BRIBERY - committed by public
officers entrusted with the enforcement of law
and whose duty is to arrest and prosecute those
who violate them where the penalty for the same
is reclusion perpetua or higher.
✍ ART. 211- INDIRECT BRIBERY
ELEMENTS:
1. That the offender is a public officer
2. That he accepts gifts
3. That said gifts are offered to him by reason
of his office
✍ ART. 212- CORRUPTION OF PUBLIC
OFFICIALS
ELEMENTS:
1. That the offender makes offers or promises
or gives gifts or presents to a public officer
2. That the offers or promises are made or the
gifts or present given to a public officer,
under circumstances that will make the
public officer liable for direct bribery or
indirect bribery
ANTI-GRAFT & CORRUPT PRACTICES
ACT (R.A. 3019)
(RA 3019 as amended by RA 3047, PD 77
and BP 195)
✍ Section 2. Definition of Terms.
Government – the nat’l Government, the local
Government, the GOCCs, & all other
instrumentalities or agencies of the government
PUBLIC OFFICER – elective & appointive officials &
employees, permanent or temporary, whether in
the classified or unclassified or exempt services
receiving compensation, even nominal, from the
Government.
✍ Section 3. Corrupt Practices of Public
Officials.
A. Persuading, inducing or influencing another
public officer to perform an act constituting a
violation of rules and regulations duly
promulgated by competent authority or an
offense in connection with the official duties
of the latter, or allowing himself to be
persuaded, induced, or influenced to commit
such violation or offense.
B. Directly or indirectly requesting or receiving
any gift, present, share, percentage, or
benefit, for himself or for any other person,
in connection w/ any other contract or
transaction between the Government and
any other party, wherein the public officer in
his official capacity has to intervene under
the law.
C. Directly or indirectly requesting or receiving
any gift, present or other pecuniary or
material benefit, for himself or for another,
from any person for whom the public officer,
in any manner or capacity has secured or
obtained, or will secure or obtain, any
Government permit or license, in
consideration for the help given or to be
given, w/out prejudice to Section 13 of this
Act.
D. Accepting or having any member of his
family accept employment in a private
enterprise w/c has pending official business
w/ him during the pendency thereof or w/in
one year after his termination.
E. Causing any undue injury to any party,
including the Government, or giving any
private party any unwarranted benefits,
advantage or preference in the discharge of
his administrative or judicial functions
through manifest partiality, evident bad faith
or gross inexcusable negligence. This
provision shall apply to officers and
employees of offices or Government corps.
charged w/ the grant of licenses or permits
or other concessions.
F. Neglecting or refusing, after due demand or
request, w/out sufficient justification, to act
w/in a reasonable time on any matter
pending before him for the purpose of
obtaining, directly or indirectly, from any
person interested in the matter some
pecuniary or material benefit or advantage,
or for the purpose of favoring his own
interest or giving undue advantage in favor
of or discriminating against any other
interested party.
G. Entering, on behalf of the Government, into
any contract or transaction manifestly and
grossly disadvantageous to the same,
whether or not the public officer profited or
will profit thereby.
H. Directly or indirectly having financial or
pecuniary interest in any business, contract
or transaction in connection with which he
intervenes or takes part in his official
capacity, or in w/c he is prohibited by the
Constitution or by law from having any
interest.
I. Directly or indirectly becoming interested, for
personal gain, or having material interest in
any transaction or act requiring the approval
of a board, panel or group of w/c he is a
member, & w/c exercises discretion in such
approval, even if he votes against the same
or does not participate in the action of the
board, committee, panel or group.
Interest for personal gain shall be presumed
against those public officers responsible for
the approval of manifestly unlawful,
inequitable, or irregular transactions or acts
by the board, panel or group to w/c they
belong.
J. Knowingly approving or granting any
license, permit, privilege or benefit in favor
of any person not qualified for or not legally
entitled to such license, permit, privilege, or
advantage, or of a mere representative or
dummy of one who is not qualified or
entitled.
K. Divulging valuable information of a
confidential character, acquired by his office
 or by him on account of his official position
to unauthorized persons, or releasing such
information in advance of its authorized
date.
✍ Section 4. Prohibition on private individuals.
A. Taking advantage of family or close personal
relation with public official is punished.
B. Knowingly inducing or causing any public
official to commit any of the offenses defined
in Section 3.
✍ Section 5. Prohibition on certain relatives.
The spouse or any relative, by
consanguinity, w/in the 3rd civil degree, of the
President, the Vice-President, Senate President,
or the Speaker of the House of Representatives
is prohibited to intervene directly or indirectly, in
any business, transaction, contract or
application with the Government.
EXCEPTIONS TO THE PROVISIONS:
1. Any person who, prior to the assumption
of office of any of those officials to whom
he is related, has been already dealing
with the Government along the same
line of business, or to any transaction,
contract or application already existing
or pending at the time of such
assumption of public office;
2. Any application filed by him, the
approval of w/c is not discretionary on
the part of the official/s concerned but
depends upon compliance with the
requisites provided by law, or rules or
regulations issued pursuant to the law.
3. Any act lawfully performed in an official
capacity or in the exercise of a
profession.
✍ Section 6. Prohibition on Members of
Congress
⮚ Members of Congress during their term are
prohibited to acquire or receive any personal
pecuniary interest in any specific business
enterprise w/c will be directly & particularly
favored or benefited by any law or resolution
authored by them.
⮚ The prohibition shall also apply to any public
officer who recommended the initiation in
Congress of the enactment or adoption of
any law or resolution, & acquires or receives
any such interest during his incumbency.
⮚ The member of Congress or other public
officer, who, having such interest prior to the
approval of a law or resolution authored or
recommended by him, continues for thirty
days after such approval to retain his
interest, also violates this section.
✍ Section 7. Statement of assets and liabilities.
⮚ Every public officer shall prepare & file a
true & detailed sworn statement of assets &
liabilities, including a statement of the
amount & sources of his income, the amount
of his personal & family expenses & the
amount of income taxes paid for the next
preceding calendar year.
✍ Section 8. Prima facie evidence of and
dismissal due to unexplained wealth.
⮚ A public official who has been found to have
acquired during his incumbency, whether in
his name or the name of other persons, an
amount of property and/or money manifestly
out of proportion to his salary and to his
lawful income (RA #1379) – GROUND FOR
FORFEITURE OF UNEXPLAINED
WEALTH
✍ Section 11. Prescription of offenses.
15 YEARS – prescriptive period of all offenses
under the Act.
✍ Section 12. Termination of office.
NO PUBLIC OFFICER IS ALLOWED TO RESIGN OR RETIRE:
1. Pending investigation, criminal or
administrative or
2. Pending a prosecution against him, or
3. For any offense under the Act or under
the provisions of the RPC on bribery.
✍ Section 14. Exception.
⮚ Unsolicited gifts or presents of small or
insignificant value offered or given as a
mere ordinary token of gratitude of
friendship according to local custom or
usage.
✍ ANTI-PLUNDER ACT
RA 7080
Means or schemes to acquire ill-gotten
wealth:
1. Through misappropriation, conversion,
misuse or malversation of public funds or
raids on the public treasury
2. By receiving, directly or indirectly, any
commission, gift, share, percentage or any
other form of pecuniary benefit from any
person and/or entity in connection with any
government contract/project or by
reason of his office/position
3. By the illegal or fraudulent conveyance or
disposition of assets belonging to the
Government
4. By obtaining, receiving or accepting, directly
or indirectly, any shares of stock, equity, or
any other form of interest or participation
including the promise of future employment
in any business enterprise or undertaking
5. By establishing agricultural, industrial or
commercial monopolies or other
combinations and/or implementing decrees
and orders intended to benefit particular
persons or special interests
6. By taking undue advantage of official
position, authority, relationship, connection
or influence to unjustly enrich himself or
themselves
Note: These SHOULD be committed by a
combination or through a series of acts. There
should be at least two acts otherwise the
accused should be charged with the particular
crime committed and not with plunder. A
combination means at least two acts of a
different category while a series means at least
two acts of the same category (Estrada vs
Sandiganbayan November 21, 2001)
✍ Section 2. Definition of the Crime of
Plunder; Penalties.
Plunder - a crime committed by any public
officer, by himself, or in connivance with his
family, relatives by affinity or consanguinity,
business associates, subordinates or other
persons, by amassing, accumulating or
acquiring ill-gotten wealth in the aggregate
amount or total value of at least 50 million
pesos
Penalty - Reclusion Perpetua to Death
Mitigating and extenuating circumstances
shall be considered by the courts in the
imposition of penalty.
✍ Section 4. Rule of Evidence.
It is not necessary to prove each and every
criminal act done. A pattern of overt or criminal
acts indicative of the over-all unlawful scheme or
conspiracy shall be sufficient.
✍ Section 5. Suspension and Loss of
Benefits.
✍ Section 6. Prescription of Crimes
20 years – prescription
ART. 213- FRAUDS AGAINST THE
PUBLIC TREASURY & SIMILAR
OFFENSES
ELEMENTS OF FRAUDS AGAINST PUBLIC
TREASURY (PAR.1):
1. That the offender be a public officer
2. That he intervened in the transaction in his
official capacity
3. That he entered into an agreement with any
interested party or speculator or made use
of any other scheme with regard to (1)
furnishing supplies (2) the making of
contracts, or (3) the adjustment or
settlement of accounts relating to public
property of funds
4. That the accused had intent to defraud the
Government.
ELEMENTS OF ILLEGAL EXACTIONS
(PAR.2):
1. The offender is a public officer entrusted
with the collection of taxes, licenses, fees, &
other imposts
2. He commits any of the ff. acts:
a. Demanding, directly or indirectly, the
payment of sums different from or larger
than those authorized by law
b. Failing voluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially
c. Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or objects of a nature
different from that provided by law
⮚ Officers or employees of the Bureau of
Internal Revenue or Bureau of Customs are
not covered by this article. The National
Internal Revenue Code or the Administrative
Code applies.
✍ ART. 214- OTHER FRAUDS
⮚ The offender is a public officer who takes
advantage of his official position.
✍ ART. 215- PROHIBITED
TRANSACTIONS
ELEMENTS:
1. That the offender is an appointive public
officer
2. That he becomes interested, directly or
indirectly, in any transaction of exchange or
speculation
3. That the transaction takes place within the
territory subject to his jurisdiction
4. That he becomes interested in the
transaction during his incumbency
✍ ART. 216- POSSESSION OF
PROHIBITED INTEREST BY A PUBLIC
OFFICER
PERSONS LIABLE:
1) Public officer who, directly or indirectly,
became interested in any contract or business
which it was his official duty to intervene
2) Experts, arbitrators, and private
accountants who, in like manner, took part in
any contract or transaction connected with the
estate or property in the appraisal, distribution or
adjudication of which they had acted
3) Guardians and executors with respect to
the property belonging to their wards or the
estate
CRIMES CALLED MALVERSATION OF
PUBLIC FUNDS OR PROPERTY
(ARTS. 217-221)
✍ ART. 217- MALVERSATION OF
PUBLIC FUNDS OR PROPERTY
Punishable Acts:
1) Appropriating public funds or property
2) Taking or misappropriating the same
3) Consenting or through abandonment or
negligence, by permitting any other person to
take such public funds or property
COMMON ELEMENTS:
1. That the offender is a public officer who has:
a. Official custody of public funds or
property or the duty to collect or receive
funds due to the Government
b. The obligation to account for them to the
Government
2. That he had the custody or control of funds
or property by reason of the duties of his
office
3. That those funds or property were public
funds or property for which he was
accountable
4. That he appropriated, took, misappropriated
or consented or through abandonment or
negligence, permitted another person to
take them
MALVERSATION MAY BE COMMITTED BY PRIVATE
INDIVIDUALS IN THE FOLLOWING CASES:
1) Those in conspiracy with public officers
guilty of malversation;
2) Those who are accessory or accomplice
to a public officer;
3) Custodian of public funds or property in
whatever capacity;
4) Depositary or administrator of public
funds or property.
⮚ PRESUMPTION
When demand is made to the
accountable officer to account for the funds and
property and the same is not forthcoming, the
presumption is that he misappropriated the
funds.
⮚ Malversation is principally distinguished
from estafa by:
a. The public or private character of
the accused
b. The nature of the funds
c. The fact that conversion is not
required in malversation
d. The rule that there is no need of
prior demand in malversation
e. The absence of a requirement of
damage in malversation
✍ ART. 218- FAILURE OF
ACCOUNTABLE OFFICER TO RENDER
ACCOUNTS
ELEMENTS:
1. That the offender is a public officer, whether
in the service or separated therefrom
2. That he must be an accountable officer for
public funds or property
3. That he is required by the law or regulation
to render accounts to the Comm. on Audit,
or to the provincial auditor
4. That he fails to do so for a period of 2 mos.
after such accounts should be rendered
⮚ Misappropriation is not necessary.
✍ ART. 219- FAILURE OF A
RESPONSIBLE PUBLIC OFFICER TO
RENDER ACOUNTS BEFORE LEAVING
THE COUNTRY
ELEMENTS:
1. That the offender is a public officer
2. That he must be an accountable officer for
public funds or property
3. That he unlawfully left (or be on the point of
leaving) the Phils. without securing from the
Comm. on Audit a certificate showing that
his accounts have been finally settled
✍ ART. 220- ILLEGAL USE OF PUBLIC
FUNDS OR PROPERTY
This crime is known as technical
malversation because the fund or property is
already earmarked or appropriated for a certain
public purpose.
ELEMENTS:
1. That the offender is a public officer
2. That there are public funds or property
under his administration
3. That such public fund or property has been
appropriated by law or ordinance
4. That he applies the same to a public use
other than that for which such fund or
property has been appropriated by law or
ordinance.
MALVERSATION ILLEGAL USE
∙ the public fund is to ∙ the public fund or
be applied to the property is applied to
personal use & benefit another public use
of the offender or of
another person
✍ ART. 221-FAILURE TO MAKE
DELIVERY OF PUBLIC FUNDS OR
PROPERTY
Punishable Acts:
1) Failing to make payment by a public
officer who is under obligation to make such
payment from the Government funds in his
possession
2) Refusing to make delivery by a public
officer who has been ordered by competent
authority to deliver any property in his custody or
under his administration (refusal must be
malicious)
✍ ART. 222-OFFICERS INCLUDED IN
THE PROVISIONS
Private Individuals who may be liable under Art.
217-221:
1. Private individuals who, in any capacity
whatsoever, have charge of any national,
provincial or municipal funds, revenue or
property
2. Administrator, depository of funds or
property, attached, seized, or deposited by
public authority even if such property
belongs to a private individual
✍ ART. 223- CONNIVING WITH OR
CONSENTING TO EVASION
ELEMENTS:
1. That the offender is a public officer
2. That he had in his custody or charge a
prisoner, either detention prisoner, or
prisoner by final judgement
3. That such prisoner escaped from his
custody
4. That he was in connivance with the prisoner
in the latter’s escape
✍ ART. 224- EVASION THROUGH
NEGLIGENCE
ELEMENTS:
1. That the offender is a public officer
2. That he is charged with the conveyance or
custody of a prisoner, either detention
prisoner or prisoner by final judgement
3. That such prisoner escapes through his
negligence
✍ ART. 225-ESCAPE OF PRISONER
UNDER THE CUSTODY OF A PERSON
NOT A PUBLIC OFFICER
ELEMENTS:
1. That the offender is a private person
2. That the conveyance or custody of a
prisoner or person under arrest is confided
to him
3. That the prisoner or person under arrest
escapes
4. That the offender consents to the escape of
the prisoner or person under arrest, or that
the escape takes place through his
negligence
✍ ART. 226- REMOVAL,
CONCEALMENT, OR DESTRUCTION OF
DOCUMENTS
ELEMENTS:
1. That the offender is a public officer
2. That he removes, destroys, conceals
documents or papers
3. That the said documents/ papers must be
entrusted to such public officer by reason of
his office
4. That damage, whether serious or not, to a
third party or to the public interest should
have been caused.
✍ ART. 227- OFFICER BREAKING THE
SEAL
ELEMENTS:
1. That the offender is a public officer
2. That he is charged with the custody of
papers or property
3. That these papers or property are sealed by
proper authority
4. That he breaks the seal or permits them to
be broken
✍ ART. 228- OPENING OF CLOSED
DOCUMENTS
ELEMENTS:
1. That the offender is a public officer
2. That closed papers, documents, or objects
are entrusted to his custody
3. That he opens or permits to be opened said
closed papers, documents or objects
4. That he does not have the proper authority
✍ ART. 229- REVELATION OF
SECRETS BY AN OFFICER
Punishable Acts:
1) Revealing secrets known to the
offending public officer by reason of his official
capacity
2) Delivering wrongfully papers or copies
of papers of which he may have charge and
which should not be published
✍ ART. 230- PUBLIC OFFICER
REVEALING SECRETS OF PRIVATE
INDIVIDUAL
ELEMENTS:
1. That the offender is a public officer
2. That he knows of the secrets of a private
individual by reason of his office
3. That he reveals such secrets without
authority or justifiable reason
✍ ART. 231- OPEN DISOBEDIENCE
ELEMENTS:
1. That the offender is a judicial or executive
officer
2. That there is a judgement, decision, or order
of a superior authority
3. That such judgment, decision, or order was
made by a superior authority and issued
with all the legal formalities
4. That the offender without any legal
justification openly refuses to execute the
said judgement, decision or order, which he
is duty bound to obey
✍ ART. 232-DISOBEDIENCE TO
ORDER OF SUPERIOR OFFICER WHEN
SAID ORDER WAS SUSPENDED BY
INFERIOR OFFICER
ELEMENTS:
1. That the offender is a public officer
2. That an order is issued by his superior for
execution
3. That he has for any reason suspended the
execution of such order
4. That his superior disapproves the
suspension of the execution of the order
5. That the offender disobeys his superior
despite the disapproval of the suspension
✍ ART. 233-REFUSAL OF ASSISTANCE
ELEMENTS:
1. That the offender is a public officer
2. That a competent authority demands from
the offender that he lend his cooperation
towards the administration of justice or other
public service
3. That the offender fails to do so maliciously
✍ ART. 234-REFUSAL TO DISCHARGE
ELECTIVE OFFICE
ELEMENTS:
1. That the offender is elected by popular
election to a public office
2. That he refuses to be sworn in or to
discharge the duties of said office
3. That there is no valid justification for such
refusal.
✍ ART. 235-MALTREATMENT OF
PRISONERS
ELEMENTS:
1. That the offender is a public officer or
employee
2. That he has under his charge a prisoner or
detention prisoner
3. That he maltreats such prisoner:
a. By overdoing himself in the correction
and handling
i. By the imposition of punishments
not authorized by the regulations
ii. By inflicting such punishments
(those authorized) in a cruel and
humiliating manner
b. By maltreating such prisoner to extort a
confession or to obtain some
information from the prisoner
✍ ART. 236-ANTICIPATION OF DUTIES
OF PUBLIC OFFICE
ELEMENTS:
1. That the offender is entitled to hold a public
office or employment, either by election or
appointment
2. That the law requires that he should first be
sworn in and/ or should first give a bond
3. That he assumes the performance of the
duties and powers of such office
4. That he has not taken his oath of office
and/or given the bond required by law
✍ ART. 237-PROLONGING
PERFORMANCE OF DUTIES AND
POWERS
ELEMENTS:
1. That the offender is holding a public office
2. That the period provided by law, regulations,
or special provisions for holding such office,
has already expired
3. That he continues to exercise the duties and
powers of such office
✍ ART. 238-ABANDONMENT OF
OFFICE OR POSITION
ELEMENTS:
1. That the offender is a public officer
2. That he formally resigns from his position
3. That his resignation has not yet been
accepted
4. That he abandons his office to the detriment
of the public service
✍ ART. 239-USURPATION OF
LEGISLATIVE POWERS
ELEMENTS:
1. That the offender is an executive or judicial
officer
2. That he (a) makes general rules/regulations
beyond the scope of his authority; (b)
attempts to repeal a law (c) suspends the
execution thereof
✍ ART. 240-USURPATION OF
EXECUTIVE FUNCTIONS
ELEMENTS:
1. That the offender is a judge
2. That he (a) assumes a power pertaining to
the executive authorities, or (b) obstructs
executive authorities in the lawful exercise of
their powers
✍ ART. 241- USURPATION OF
JUDICIAL FUNCTIONS
ELEMENTS
1. That the offender is an officer of the
executive branch of the Government.
2. That he (a) assumes judicial powers, or (b)
obstructs the execution of an order or
decision rendered by any judge within his
jurisdiction
✍ ART. 242-DISOBEYING REQUEST
FOR DISQUALIFICATION
ELEMENTS:
1. That the offender is a public officer
2. That a proceeding is pending before such
public officer
3. That there is a question before the proper
authority regarding his jurisdiction which is
not yet decided
4. That he has been lawfully required to refrain
from continuing the proceeding
5. That he continues the proceeding.
✍ ART. 243-ORDERS OR REQUESTS
BY EXEC. OFFICERS TO ANY JUDICIAL
AUTHORITY
ELEMENTS:
1. That the offender is a public officer
2. That he addresses any order or suggestion
to any judicial authority
3. That the order or suggestion relates to any
case or business coming within the
exclusive jurisdiction of the courts of justice
✍ ART. 244-UNLAWFUL
APPOINTMENTS
ELEMENTS:
1. That the offender is a public officer
2. That he nominates or appoints a person to a
public office
3. That such person lacks the legal
qualification
4. That the offender knows that his nominee or
appointee lacks the qualifications at the time
he made the nomination or appointment
✍ ART. 245-ABUSES AGAINST
CHASTITY
ELEMENTS:
1. Offender is a public officer
2. He solicits or makes immoral or indecent
advances to a woman
3. Such woman must be:
a) interested in matters pending before the
offender for decision, or with respect to
which he is required to submit a report
to or consult with a superior officer; or
b) under the custody of such offender who
is a warden or other public officer
c) wife, daughter, sister or relative within
the same degree by affinity of the
person under the custody of the offender
CRIMES AGAINST PERSONS
(ARTS. 246-266)
✍ ART. 246-PARRICIDE
ELEMENTS:
1. That a person is killed
2. That the deceased is killed by the accused
3. That the deceased is the father, mother, or
child (not less than 3 days old), whether
legitimate or illegitimate, or a legitimate
other ascendant or legitimate other
descendant, or the legitimate spouse, of the
accused
⮚ Cases of parricide when the penalty shall
not be reclusion perpetua to death:
1) parricide through negligence (art
365)
2) parricide by mistake (art 249)
3) parricide under exceptional
circumstances (art 247)
✍ ART. 247-DEATH OR PHYSICAL
INJURIES UNDER EXCEPTIONAL
CIRCUMSTANCES
ELEMENTS:
1. That a legally married person or parent
surprises his spouse or his daughter, the
latter under 18 yrs of age and living with
him, in the act of committing sexual
intercourse with another person
2. That he/ she kills any or both of them or
inflicts upon any or both of them any serous
physical injury in the act or immediately
thereafter
3. That he has not promoted or facilitated the
prostitution of his wife or daughter, or that he
or she has not consented to the infidelity of
the other spouse
⮚ The discovery, the escape, the pursuit and
the killing must all form part of one
continuous act
⮚ Applicable only when the daughter is single
✍ ART. 248-MURDER
Unlawful killing of any person which is not
parricide or infanticide, provided that any of the
ff. circumstances is present:
1) With treachery, taking advantage of
superior strength, with the aid of armed men, or
employing means to weaken the defense, or of
means or persons to insure or afford impunity
2) In consideration of a price, reward, or a
promise
3) By means of inundation, fire, poison,
explosion, shipwreck, stranding a vessel,
derailment of or assault upon a street car or
locomotive, fall of an airship, by means of motor
vehicles, or with the use of any means involving
great waste and ruin
4) On occasion of any of the calamities
enumerated in the preceding par., or an
earthquake, eruption of a volcano, destructive
cyclone, epidemic or any other public calamity
5) With evident premeditation
6) With cruelty, by deliberately and
inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person or
corpse
✍ ART. 249-HOMICIDE
⮚ This is the unlawful killing of any person,
which is neither parricide, murder nor
infanticide
⮚ Intent to kill is conclusively presumed when
death results; evidence of intent to kill is
important only in attempted or frustrated
homicide.
⮚ ACCIDENTAL HOMICIDE - is the death of a
person brought about by a lawful act
performed with proper care and skill and
without homicidal intent
✍ ART. 250-PENALTY FOR
FRUSTRATED PARRICIDE, MURDER,
HOMICIDE
✍ ART. 251- DEATH CAUSED IN A
TUMULTUOUS AFFRAY
ELEMENTS:
1. That there be at least 4 persons
2. That they did not compose groups organized
for the common purpose of assaulting and
attacking each other reciprocally
3. That several persons quarreled and
assaulted one another in a confused and
tumultuous affray
4. That someone was killed in the course of the
affray
5. That it cannot be ascertained who actually
killed the deceased
6. That the person or persons who inflicted
serious physical injuries or who used
violence can be identified
✍ ART. 252-PHYSICAL INJURIES IN A
TUMULTUOUS AFFRAY
ELEMENTS:
1. That there is a tumultuous affray as referred
to in the preceding article
2. That a participant or some participants
thereof suffered serious physical injuries or
physical injuries of a less serious nature
3. That the person responsible cannot be
identified
4. That all those who appear to have used
violence upon the person of the offended
party are known
⮚ Injured party must be a participant in the
affray
✍ ART. 253-GIVING ASSISTANCE TO
SUICIDE
Punishable Acts:
1) Assisting another to commit suicide,
whether the suicide is consummated or not
2) Lending his assistance to another to
commit suicide to the extent of doing the killing
himself
EUTHANASIA – “Mercy Killing” Practice of
painlessly putting to death a person suffering
from some incurable disease. Not considered as
included in Art 253 because the person killed
does not want to die. A doctor who resorts to
euthanasia may be liable for murder.
✍ ART. 254-DISCHARGE OF FIREARM
ELEMENTS:
1. That the offender discharges a firearm
against or at another person
2. That the offender has no intention to kill that
person
✍ ART. 255-INFANTICIDE
⮚ This is the killing of any child less than 3
days (72 hours) of age
⮚ Only the mother and maternal
grandparents of the child are entitled to the
mitigating circumstance of concealing the
dishonor
✍ ART. 256-INTENTIONAL ABORTION
WAYS TO COMMIT:
1) By using violence upon the person of
the pregnant woman
2) By acting, without using violence and
without the consent of the woman (by
administering drugs/beverages upon a pregnant
without her consent)
3) By acting, with the consent of the pregnant
woman (by administering drugs/beverages)
✍ ART. 257-UNINTENTIONAL
ABORTION
REQUISITES:
1. Violence is used upon such pregnant
woman without intending an abortion
2. Violence is intentionally exerted
✍ ART. 258-ABORTION PRACTICED
BY THE WOMAN HERSELF OR BY HER
PARENTS
The intentional abortion is caused by ---
1) The pregnant woman herself
2) Any other person, with her consent
3) Any of her parents, with her consent for
the purpose of concealing her dishonor
⮚ Liability of pregnant woman is mitigated
if the purpose is to conceal dishonor
⮚ No mitigation on the parents of the
woman unlike in infanticide
✍ ART. 259-ABORTION PRACTICED
BY A PHYSICIAN OR MIDWIFE AND
DISPENSING OF ABORTIVES
REQUISITES:
1. The offender be a physician or midwife,
2. That such person causes or assists in
causing the abortion
3. Said physician or midwife takes advantage
of his scientific knowledge or skill.
AS TO PHARMACISTS,
There is no proper prescription from a physician
and the offender dispenses any abortive
substance.
✍ ART. 260-RESPONSIBILITY OF
PARTICIPANTS IN A DUEL
DUEL: Formal or regular combat previously
concerted between parties in the presence of
two or more seconds of lawful age on each side,
who make selection of arms and fix all other
conditions of the fight.
PERSONS LIABLE:
1) The person who killed or inflicted
physical injuries upon his adversary, or both
combatants in any other case, as principals
2) The seconds, as accomplices
✍ ART. 261-CHALLENGING TO A DUEL
PUNISHABLE ACTS:
1) Challenging another to a duel
2) Inciting another to give or accept a
challenge to a duel
3) Scoffing at or decrying another publicly
for having refused to accept a challenge to fight
a duel
PERSONS LIABLE:
1) Challenger
2) Instigators
PHYSICAL INJURIES
✍ ART. 262-MUTILATION
⮚ Offender must have the intention to deprive
the offended party of a part of his body.
✍ ART. 263-SERIOUS PHYSICAL
INJURIES
SERIOUS PHYSICAL INJURIES:
1) When the injured person becomes
insane, impotent, imbecile, or blind in
consequence of the physical injuries inflicted
2) When the injured person loses the use
of speech, or the power to hear or to smell,
loses an eye, a hand, a foot, an arm, or a leg, or
loses the use of any of such member, or
becomes incapacitated for the work in which he
was habitually engaged in consequence of the
physical injuries
3) When the person injured, becomes
deformed, or loses any other member of his
body, or becomes ill or incapacitated for the
performance of the work in which he was
habitually engaged for more than 90 days, in
consequence of the physical injuries inflicted
4) When the injured person becomes ill or
incapacitated for labor for more than 30 days but
not more than 90 days as a result of the
physical injuries inflicted
⮚ Medical attendance not necessary
DEFORMITY requisites:
1) Physical ugliness
2) Permanent and definite abnormality
3) Conspicuous and visible
4) There must be no intent to kill, otherwise,
the crime would be frustrated or attempted
murder, parricide, homicide as the case may be
QUALIFYING CIRCUMSTANCES:
1) Offense committed against persons
enumerated in the crime of parricide
2) With the attendance of circumstance which
qualify the crime to murder
⮚ The “qualified penalties” are not
applicable to parents who inflict serious
physical injuries upon their children by
excessive chastisement
✍ ART. 264- ADMINISTERING
INJURIOUS SUBSTANCES OR
BEVERAGES
ELEMENTS:
1. That the offender inflicted upon another any
serious physical injuries
2. That it was done by knowingly administering
to him any injurious substances or
beverages or by taking advantage of his
weakness of mind or credulity
3. That he had no intention to kill (otherwise
frustrated murder)
✍ ART. 265-LESS SERIOUS PHYSICAL
INJURIES
ELEMENTS:
1. The offended party is incapacitated for labor
for 10 days or more but not more than 30, or
needs attendance for the same period
2. The physical injuries must not be those
described in the preceding articles
QUALIFIED LESS SERIOUS PHYSICAL
INJURIES
1) There is manifest intent to insult or
offend the injured person
2) There are circumstances adding
ignominy
3) When the victim is either the offender’s
parents, ascendants, guardians, curators or
teachers; Persons of rank or persons in
authority, provided the crime is not direct assault

✍ ART. 266-SLIGHT PHYSICAL
INJURIES
KINDS:
1) Physical injuries which incapacitated the
offended party from one to nine days, or
required medical attendance during the same
period
2) Physical injuries which did not prevent
the offended party from engaging in his habitual
work or which did not require medical
attendance
3) Ill-treatment of another by deed without
causing any injury
✍ ART. 266-A - THE NEW ANTI-RAPE
LAW (RA8353)
Classification of Rape
1) Traditional - under Art 335
2) Sexual Assault - RA 8353
REPUBLIC ACT 8353
How rape is committed:
1) By a man who shall have carnal knowledge
of a woman under any of the ff. circumstances:
a) Through force, threat or intimidation
b) When the offended party is deprived
of reason or otherwise unconscious
c) By means of fraudulent machination
or grave abuse of authority
d) When the offended party is under 12
years of age or is demented even
though none of the circumstances
mentioned above be present
5) By “any person” (male or female) who, under
any of the circumstances mentioned in par. 1
hereof, shall commit an act of sexual assault by
inserting his penis into another person’s mouth,
or anal orifice or any instrument or object, into
the genital or anal orifice of another person
AGGRAVATING/QUALIFYING
CIRCUMSTANCES : punishable by death
1) When the victim is under 18 years of age and
the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity
within the third civil degree, or the common law
spouse of the parent of the victim
2) When the victim is under the custody of the
police or military authorities or any law
enforcement or penal institution
3) When the rape is committed in full view of the
spouse, parent, or any of the children or other
relatives within the third civil degree of
consanguinity
4) When the victim is a religious engaged in
legitimate religious vocation or calling and is
personally known to be such by the offender
before or at the time of the commission of the
crime
5) When the victim is a child below 7 years old
6) When the offender knows that he is afflicted
with HIV/AIDS or any other sexually
transmissible disease and the virus or disease is
transmitted to the victim
7) When committed by any member of the AFP
or para-military units thereof of the PNP or any
law enforcement agency or penal institution,
when the offender took advantage of his position
to facilitate the commission of the crime
8) When by reason or on the occasion of the
rape, the victim has suffered permanent physical
mutilation or disability
9) When the offender knew of the pregnancy of
the offended party at the time of the commission
of the crime
10) When the offender knew of the mental
disability, emotional disorder and/ or physical
disability of the offended party at the time of the
commission of the crime
⮚ Death shall also be imposed when homicide
is committed
EFFECT OF PARDON:
1) The subsequent valid marriage between
the offender and the offended party shall
extinguish criminal liability (only as to the
husband)
2) The subsequent forgiveness of the wife
to the legal husband
✍ CRIMES AGAINST LIBERTY
(ARTS. 267-274)
✍ ART. 267-KIDNAPPING AND
SERIOUS ILLEGAL DETENTION
ELEMENTS:
1. That the offender is a private individual
2. That he kidnaps or detains another, or in any
manner deprives the latter of his liberty
3. That the act of detention or kidnapping must
be illegal
4. That in the commission of the offense, any
of the ff. circumstances is present:
a) That the kidnapping or detention
lasts for more than 3 days
b) That it is committed simulating
public authority
c) That any serious physical injuries
are inflicted upon the person
kidnapped or detained or threats to
kill him are made
d) That the person kidnapped or
 detained is a minor, except when ∙ Detention is for ∙ Detention is not
the accused is any of the parents, a some legal ground authorized by law
female or a public officer
∙ Crime is committed ∙ Committed by
QUALIFYING CIRCUMSTANCES: DEATH by failing to deliver making an arrest not
PENALTY such person to the authorized by law
1) Purpose is to extort ransom proper judicial
2) If victim is killed, raped or tortured as a authority within a
consequence certain period of time

⮚ COMPLEX CRIME OF KIDNAPPING WITH

MURDER – when victim is killed because of
his refusal to pay the ransom; kidnapping ✍ ART. 270- KIDNAPPING AND
being necessary to commit the murder; but FAILURE TO RETURN A MINOR
where he was taken for the purpose of killing ELEMENTS:
him and not for detaining him, crime 1. That the offender is entrusted with the
committed is MURDER custody of a minor person (over or under 7
but less than 21)
ILLEGAL ARBITRARY 2. That he deliberately fails to restore the said
DETENTION DETENTION minor to his parents or guardian
∙ Committed by a ∙ Committed by a
private individual who public officer or ⮚ When committed by either parent, penalty is
unlawfully kidnaps, employee who detains only arresto mayor.
detains or otherwise a person without legal
deprives a person of ground ✍ ART. 271- INDUCING A MINOR TO
liberty ABANDON HIS HOME
∙ Crime is against ∙ Crime against the
personal liberty and fundamental law of the ⮚ Inducement must be (1) actual, and (2)
security State committed with criminal intent

⮚ Father or mother may commit crimes under

✍ ART. 268- SLIGHT ILLEGAL
DETENTION
ELEMENTS:
1. That the offender is a private individual
2. That he kidnaps or detains another, or in any
manner deprives him of his liberty
3. That the act of kidnapping or detention is
illegal
4. That the crime is committed without the
attendance of any of the circumstances
enumerated in 267
LIABILITY MITIGATED WHEN:
1) Offender voluntarily releases the person
so kidnapped or detained within three days from
the commencement of the detention,
2) without having attained the purpose
intended, and
3) before the institution of criminal
proceedings against him
Arts. 270 & 271 – where they are living
separately and the custody of the minor
child has been given to one of them
✍ ART. 272-SLAVERY
ELEMENTS:
1. That the offender purchases, sells, kidnaps,
or detains a human being
2. That the purpose of the offender is to
enslave such human being
✍ ART. 273-EXPLOITATION OF CHILD
LABOR
ELEMENTS:
1. The offender retains a minor in his service
2. That it is against the will of the minor
3. That it is under the pretext of reimbursing
himself of a debt incurred by an ascendant,
guardian or person entrusted with the
custody of such minor

✍ ART. 269-UNLAWFUL ARREST ✍ ART. 274- SERVICES RENDERED

ELEMENTS: UNDER COMPULSION IN PAYMENT OF
1. That the offender arrests or detains another DEBT
person ELEMENTS:
2. That the purpose of the offender is to deliver 1. That the offender compels a debtor to work
him to the proper authorities for him, either as household servant or farm
3. That the arrest or detention is not authorized laborer
by law 2. That it is against the debtor’s will
3. That the purpose is to require or enforce the
ART.125 ART.269 payment of a debt
 physical strength, or contortion, the offender
✍ CRIMES AGAINST SECURITY being any person
(ARTS. 275-292)
✍ ART. 275-ABANDONMENT OF 2) Employing children under 16 who are
PERSONS IN DANGER AND not children or descendants of the offender in
ABANDONMENT OF ONE’S OWN exhibitions of acrobat, gymnast, rope-walker,
VICTIM diver, or wild animal tamer, the offender being an
PUNISHABLE ACTS: acrobat, etc, or circus mgr. or engaged in a
1) Failing to render assistance to any similar calling
person whom the offender finds in an
uninhabited place, wounded or in danger of 3) Employing any descendant under 12
dying, when he can render such assistance years of age in dangerous exhibitions
without detriment to himself, unless such enumerated in the next preceding par., the
omission shall constitute a more serious offense offender being engaged in any of the said
callings
2) Failing to help/ render assistance to
another whom the offender has accidentally 4) Delivering a child under 16 gratuitously
wounded or injured to any person ff. any callings enumerated, or to
any habitual vagrant or beggar, the offender
3) Failing to deliver a child, under seven being an ascendant, guardian, teacher, or
yrs. whom the offender has found abandoned, to person entrusted in any capacity with the care of
the authorities or to his family, or by failing to such child
take him to a safe place
5) Inducing any child under 16 to abandon
✍ ART. 276-ABANDONING A MINOR the home of its ascendants, guardians, curators
ELEMENTS: or teachers to follow any person engaged in any
1. That the offender has the custody of a child callings mentioned or to accompany any
2. That the child is under seven yrs. habitual vagrant or beggar, the offender being
3. That he abandons such child any person
4. That he has no intent to kill the child when
the latter is abandoned Note: RA 7610 punishes abuse, exploitation and
discrimination of minors
✍ ART. 277-ABANDONMENT OF
MINOR BY PERSON ENTRUSTED WITH ✍ ART. 280-QUALIFIED TRESPASS TO
HIS CUSTODY; INDIFFERENCE OF DWELLING
PARENTS ELEMENTS:
ELEMENTS OF ABANDONMENT OF MINOR: 1. That the offender is a private person
1. That the offender has charge of the rearing 2. That he enters the dwelling of another
or education of a minor 3. That such entrance is against the latter’s will
2. That he delivers said minor to a public
institution or other persons ⮚ Qualified if committed by means of
3. That the one who entrusted such child to the violence/intimidation
offender has not consented to such act, or if
the one who entrusted such child to the ✍ ART. 281-OTHER FORMS OF
offender is absent, the proper authorities TRESPASS
have not consented to it
ART.280 ART. 281
ELEMENTS OF INDIFFERENCE OF ∙ Offender is a private ∙ The offender is any
PARENTS: person person
1. That the offender is a parent
2. That he neglects his children by not giving ∙ Offender enters a ∙ Offender enters
them education dwelling house closed premises or
3. That his station in life requires such fenced estate
education and his financial condition permits
it
4. Failure to give education must be due to ∙ Place entered is ∙ Place entered is
deliberate desire to evade such obligation inhabited uninhabited
∙ Act constituting the ∙ It is the entering the
✍ ART. 278-EXPLOITATION OF crime is entering the closed premises or the
MINORS dwelling against the fenced estate without
Prohibited Acts: will of the owner; securing the
1) Causing any boy or girl under 16 to permission of the
perform any dangerous feat of balancing,
 owner or caretaker
thereof
∙ Prohibition to enter is ∙ Prohibition to enter
express or implied must be manifest
✍ ART. 282-GRAVE THREATS
Prohibited Acts:
Threatening another with the infliction upon his
person, honor, or property or that of his family
any wrong amounting to a crime:
a) Demanding money or imposing a
condition
b) Without any such demand or condition
Qualifying Circumstance:
If threat was made in writing or through
a middleman
✍ ART. 283- LIGHT THREATS
ELEMENTS:
1. That the offender makes threat to commit a
wrong
2. That the wrong does not constitute a crime
3. That there is a demand for money or that
other condition is imposed, even though not
unlawful
⮚ Blackmailing may be punished under Art.
283
✍ ART. 284- BOND FOR GOOD
BEHAVIOR
✍ ART. 285-OTHER LIGHT THREATS
Prohibited Acts:
1) Threatening another with a weapon, or
by drawing such weapon in a quarrel, unless it
be in lawful self-defense
2) Orally threatening another, in the heat of
anger, with some harm constituting a crime,
without persisting in the idea involved in his
threat
3) Orally threatening to do another any
harm not constituting a felony
✍ ART. 286-GRAVE COERCION
ELEMENTS:
1. That a person prevented another from doing
something not prohibited by law, or
by compelling him to do something against
his will, be it right or wrong
2. That the prevention or compulsion be
effected by violence, either by material force
or such display of force as would produce
intimidation and control the will of the
offended party
3. That the person that restrained the will and
liberty of another had no authority
✍ ART. 287- LIGHT COERCION
ELEMENTS:
1. That the offender must be a creditor
2. That he seizes anything belonging to his
debtor
3. That the seizure of the thing be
accomplished by means of violence or a
display of material force producing
intimidation
4. That the purpose of the offender is to apply
the same to the payment of the debt
UNJUST VEXATION includes any human
conduct which, although not productive of some
physical or material harm would, however,
unjustly annoy or vex an innocent person.
✍ ART. 288- OTHER SIMILAR
COERCIONS (COMPULSORY
PURCHASE OF MERCHANDISE &
PAYMENT OF WAGES BY MEANS OF
TOKENS)
Prohibited Acts:
1) Forcing or compelling, directly or
indirectly, or knowingly permitting the forcing or
compelling of the laborer or employee of the
offender to purchase merchandise or
commodities of any kind from him
2) Paying the wages due his laborer or
employee by means of tokens or objects other
than the legal tender currency of the Phil.,
unless expressly requested by such laborer or
employee
✍ ART. 289-FORMATION,
MAINTENANCE, & PROHIBITION OF
COMBINATION OF CAPITAL OR LABOR
THROUGH VIOLENCE OR THREATS
Pls see Labor Code Arts. 263, 264, 272 and 288
✍ ART. 290- DISCOVERING SECRETS
THROUGH SEIZURE OF
CORRESPONDENCE
ELEMENTS:
1. That the offender is a private individual or
even a public officer not in the exercise of
his official function
2. That he seizes the papers or letters of
another
3. That the purpose is to discover the secrets
of such other person
4. That offender is informed of the contents of
the papers or letters seized
✍ ART. 291-REVEALING SECRETS
WITH ABUSE OF OFFICE
ELEMENTS:
1. That the offender is a manager, employee or
servant
2. That he learns the secrets of his principal or
master in such capacity
3. That he reveals such secrets
⮚ Damage not necessary
 ✍ ART. 292-REVELATION OF
INDUSTRIAL SECRETS
ELEMENTS:
1. That the offender is a person in charge,
employee or workman of a manufacturing or
industrial establishment
2. That the manufacturing/industrial
establishment has a secret of the industry
which the offender has learned
3. That the offender reveals such secrets
4. That prejudice is caused to the owner
CRIMES AGAINST PROPERTY
(ARTS. 293-331)
✍ ART. 293-ROBBERY
CLASSIFICATION OF ROBBERY
1. Robbery with violence against, or
intimidation of persons (294,297,298)
2. Robbery by use of force upon things (299&
302)
ELEMENTS OF ROBBERY IN GENERAL:
1. That there be personal property belonging to
another;
2. That there is unlawful taking of that property
3. That the taking must be with intent to gain
4. That there is violence against or intimidation
of any person/ or force used upon things
⮚ Violence or intimidation must be present
before the taking of personal property is
complete
⮚ REPUBLIC ACT 6539 applies when the
property taken in robbery is a motor vehicle
(CARNAPPING)
CLASS I
✍ ART. 294- ROBBERY WITH
VIOLENCE AGAINST OR INTIMIDATION
OF PERSONS
⮚ This article punishes robbery with either
homicide, rape, mutilation, arson, serious
physical injuries or with clearly unnecessary
violence. These offenses are known as
SPECIAL COMPLEX CRIMES.
ROBBERY BRIBERY
∙ The victim is ∙ He parts with his
deprived of his money, money in a sense
property by force or voluntarily
intimidation
✍ ART. 295- ROBBERY WITH
PHYSICAL INJURIES, COMMITTED IN
AN UNINHABITED PLACE AND BY A
BAND OR WITH THE USE OF FIREARM
ON A STREET, ROAD OR ALLEY
Qualified Robbery with Force or Intimidation
of Persons:
Nos. 3,4,5 of Article 294: if committed-
1) In an uninhabited place; or
2) By a band; or
3) By attacking a moving train, street car,
motor vehicle, or airship; or
4) By entering the passengers’
compartments in a train, or in any manner taking
the passengers by surprise in the respective
conveyances; or
5) On a street, road, highway, or alley, and
the intimidation is made with the use of firearms,
the offender shall be punished by the maximum
periods of the proper penalties prescribed in
294.
✍ ART. 296- DEFINITION OF A BAND
AND PENALTY INCURRED BY THE
MEMBERS THEREOF
OUTLINE
1) When at least four armed malefactors take
part in the commission of a robbery, it is deemed
committed by a band.
2) When any of the arms used in the
commission of robbery is not licensed, the
penalty upon all the malefactors shall be the
maximum of the corresponding penalty provided
by law without prejudice to the criminal liability
for illegal possession of such firearms.
3) Any member by a band who was present at
the commission of a robbery by the band, shall
be punished as principal of any of the assaults
committed by the band, unless it be shown that
he attempted to prevent the same.
✍ ART. 297-ATTEMPTED AND
FRUSTRATED ROBBERY COMMITTED
UNDER CERTAIN CIRCUMSTANCES
⮚ SPECIAL COMPLEX CRIME: When
robbery is attempted or frustrated but
homicide is attendant
✍ ART. 298-EXECUTION OF DEEDS BY
MEANS OF VIOLENCE OR
INTIMIDATION
ELEMENTS:
1. That the offender has intent to defraud
another
2. That the offender compels him to sign,
execute, or deliver any public instrument or
document
3. That the compulsion is by means of violence
or intimidation
CLASS II
ROBBERY BY THE USE OF FORCE UPON
THINGS
✍ ART. 299- ROBBERY IN AN
INHABITED HOUSE/ PUBLIC BUILDING cause for such possession
OR EDIFICE DEVOTED TO WORSHIP
ELEMENTS: (Subdivision A) ✍ ART. 305 FALSE KEYS
1. The offender entered (a) an inhabited house INCLUSIONS:
(b) a public building or (c) an edifice devoted 1. Tools not mentioned in the next preceding
to religious worship article
2. The entrance was effected by any of the 2. Genuine keys stolen from the owner
following means: 3. Any keys other than those intended by the
a) Through an opening not intended for owner for use in the lock forcibly opened by
entrance or egress; the offender
b) By breaking any wall, roof, floor,
door or window; ✍ PRESIDENTIAL DECREE 532 – modified
c) By using false keys, picklocks or Art 306 & 307
similar tools; or ✍ ART. 306 BRIGANDAGE
d) By using any fictitious name or ELEMENTS:
pretending the exercise of public 1. There be at least four armed persons.
authority 2. They formed a band of robbers.
3. The purpose is any of the following:
⮚ The whole body of the culprit must be inside a) To commit robbery in a highway; or
the building to constitute entering b) To kidnap persons for the purpose of
extortion or to obtain ransom; or
ELEMENTS: (Subdivision B) c) To attain by means of force or
1. Offender is inside a dwelling house, public violence any other purpose
building or edifice devoted to religious
worship, regardless of the circumstances Any person who aids or abets the
under which he entered. commission of highway robbery or brigandage
2. The offender takes personal property shall be considered accomplices.
belonging to another with intent to gain a) by giving information about the
under any of the following circumstances: movement of police or other peace
a. by the breaking of doors, officers of the government
wardrobes, chests, or any other kind b) acquires or receives property taken
of sealed furniture or receptacle from such brigands
b. by taking such furniture or objects c) in any manner derives any benefit
away to be broken or forced open therefrom
outside the place of the robbery d) directly/indirectly abets the
commission of highway robbery
⮚ If the locked or sealed receptacle is not
forced open, crime is estafa or theft. BRIGANDAGE ROBBERY IN BAND
1. Purpose: commit 1. Purpose: commit
✍ ART. 300- ROBBERY IN AN robbery in highway; or robbery, not
UNINHABITED PLACE AND BY A BAND to kidnap person for necessarily in
ransom; or any other highways
⮚ When committed in an uninhabited place purpose attained by
AND by a band, as distinguished from force and violence
Qualified Robbery with Violence or 2. Agreement is to 2. Agreement to
Intimidation of Persons (Art 295) which is commit several commit a particular
committed in an uninhabited place OR by a robberies robbery
band. 3. Mere formation is 3. Actual commission
punished of robbery necessary
✍ ART. 302 - ROBBERY IN AN
UNINHABITED PLACE OR IN A PRIVATE ✍ ART. 308-WHO ARE LIABLE FOR
BUILDING THEFT
 Same manner of commission as Article 299 ELEMENTS:
1. That there be taking of personal property
✍ ART. 304- POSSESSION OF 2. That said property belongs to another
PICKLOCKS OR SIMILAR TOOLS 3. That the taking be done with intent to gain
ELEMENTS: 4. That the taking be done without the consent
1. That the offender has in his possession of the owner
picklocks or similar tools 5. That the taking be accomplished without the
2. That such picklocks or similar tools are use of violence against or intimidation of
specially adopted to the commission of persons or force upon things
robbery
3. That the offender does not have lawful ⮚ What distinguishes THEFT from ROBBERY
 is that in theft the offender does not use
violence or intimidation or does not enter a
house or building through any of the means
specified in Art. 299 or Art. 302 in taking
personal property of another with intent to
gain
✍ ART. 310-QUALIFIED THEFT
There is qualified theft in the ff. instances:
1) If theft is committed by a domestic
servant
2) If committed with grave abuse of
confidence
3) If the property stolen is a motor vehicle,
mail matter, or large cattle
4) If the property stolen consists of
coconuts taken from the premises of plantation
5) If the property stolen is fish taken from a
fishpond or fishery
6) If property is taken on the occasion of
fire, earthquake, typhoon, volcanic eruption, or
any other calamity, vehicular accident or civil
disturbance
PRESIDENTIAL DECREE 533 –
ANTI-CATTLE RUSTLING LAW OF 1974
CATTLE RUSTLING – the taking away by any
means, method or scheme, without the consent
of the owner/raiser, of any of the animals
(classified as large cattle) whether or not for
profit or gain, or whether committed with or
without violence against or intimidation of any
person or force upon things. It includes the
killing of large cattle, or taking its meat or hide
without the consent of the owner /raiser.
Note: Cattle rustling is mala in se since PD 533
is an amendment to Arts. 308, 309 and 310 of
the RPC (TAER vs. CA)
ANTI-FENCING LAW
(PD #1612)
✍ Section 2. Definition of Terms.
Fencing - the act of any person who, w/ intent to
gain for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell, or dispose
of, or shall buy and sell, or in any other manner
deal any article, item, object or anything of value
w/c he knows, or should be known to him, to
have been derived from the proceeds of the
crime of robbery or theft.
✍ Section 5. Presumption of Fencing.
Mere possession of any good, article, item,
object, or anything of value w/c has been the
subject of robbery or thievery shall be prima
facie evidence of fencing.
✍ Section 6. Clearance/Permit to Sell Used/
Second Hand Articles.
⮚ All stores, establishments or entities dealing
in the buy and sell of any good, article, item,
object or anything of value shall 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 store, establishment or entity is
located.
⮚ Any person who fails to secure the required
clearance/permit shall also be punished as a
fence.
CRIMES CALLED USURPATION
(ARTS. 312 & 313)
✍ ART. 312- OCCUPATION OF REAL
PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY
ELEMENTS:
1. That the offender takes possession of any
real property or usurps any real rights in
property
2. That the real property or real rights belong to
another
3. That violence against or intimidation of
persons is used by the offender in occupying
real property or usurping real property or
usurping real rights in property
4. That there is intent to gain
THEFT/ROBBERY ART.312
∙ Personal property is ∙ Real property or real
taken right involved
✍ ART.313 - ALTERING BOUNDARIES
OR LANDMARKS
ELEMENTS:
1. That there be boundaries marks or
monuments of towns, provinces, or estates,
or any other marks intended to designate
the boundaries of the same
2. That the offender alters said boundary
marks
✍ ART. 314- FRAUDULENT
INSOLVENCY
ELEMENTS:
1. That the offender is a debtor
2. That he absconds with his property
3. That there be prejudice to his creditors
✍ ART. 315-SWINDLING/ESTAFA
ELEMENTS in general
1. That the accused defrauded another by
abuse of confidence, or by means of deceit
2. That damage or prejudice capable of 3. That above the signature of the offended
pecuniary estimation is caused to the party a document is written by the offender
offended party or third persons without authority to do so
4. That the document so written creates a
ESTAFA WITH UNFAITHFULNESS OR ABUSE liability of, or causes damage to the
OF CONFIDENCE offended party or any third person

ELEMENTS OF 315, NO.1 (A): ESTAFA BY MEANS OF DECEIT (Art. 315,

1. That the offender has an onerous obligation nos. 2 and 3)
to deliver something of value
2. That he alters its substance, quantity or ELEMENTS OF 315, NO.2:
quality 1. That there must be false pretense,
3. That damage or prejudice is caused to fraudulent act or fraudulent means
another 2. That such false pretense, fraudulent act or
fraudulent means must be made or
ELEMENTS OF 315, NO.1 (B) executed prior to or simultaneously with the
1. That money, goods, or other personal commission of fraud
property be received by the offender in trust, 3. That the offended party must have relied on
or on commission, or for administration, or the false pretense, fraudulent act, or
under any other obligation involving the duty fraudulent means, that is, he was induced to
to make delivery of, or to return, the same part with is money or property because of
2. That there be misappropriation or the false pretense, fraudulent act, or
conversion of such money or property by the fraudulent means
offender, or denial on his part of such receipt 4. That as a result thereof, the offended party
3. That such misappropriation or conversion or suffered damage
denial is to the prejudice of another
4. That there is demand made by the offended 315 NO.2 (A)
party to the offender 1) By using a fictitious name
2) By falsely pretending to possess power,
THEFT ESTAFA influence, qualifications, property, credit, agency,
∙ if he had acquired ∙ if in receiving the business or imaginary transactions
only the material or thing from the 3) By means of other similar deceits
physical possession of offended party, the
the thing offender acquired also 315 No.2 (B)
the juridical By altering the quality, fineness or
possession of the weight of anything pertaining to his business
thing and he later
misappropriated it 315 No.2 (C)
By pretending to have bribed any
ESTAFA MALVERSATION Government employee
∙ The funds or ∙ Usually public funds
property are private or property ELEMENTS OF 315 No. 2 (D)
1. That the offender postdated a check, or
∙ Offender is a private ∙ Offender who is
issued a check in payment of an obligation
individual or even a usually a public officer
2. That such postdating or issuing a check was
public officer who is is accountable for
done when the offender had no funds in the
not accountable for public funds or
bank, or his funds deposited therein were
public funds or property
not sufficient to cover the amount of the
property
check
∙ Crime is committed ∙ Crime is committed
by misappropriating, by appropriating, ✍ BATAS PAMBANSA 22
converting or denying taking or Bouncing Checks Law
having received misappropriating or
Section 1. Checks Without Sufficient Funds
money, goods, or consenting, or through
other personal abandonment or
2 Offenses punished in BP 22
property negligence, permitting
1) Making or Drawing and issuing a check
any other person to
knowing at the time of issue that he does not
take the public funds
have sufficient funds.
or property
Elements:
ELEMENTS OF 315, NO.1 (C) a. That a person draws a check.
1. That the paper with the signature of the b. That the check is made or drawn and
offended party be in blank issued to apply on account or for value.
2. That the offended party should have
delivered it to the offender
 c. That the person knows that at the time elements of the crime; and damage or at
of issue he does not have sufficient The gravamen of the least intent to cause
funds in or credit with the drawee bank offense is the damage are essential
for the payment of such check upon its issuance of the check and the false
presentment. pretenses must be
d. That the check is subsequently prior to or
dishonored by the drawee bank for the simultaneous with the
insufficiency of funds or would have damage caused.
been dishonored for the same reason 6. The drawer is 6. given 3 days
had not the drawer, without any valid given 5 days after after receiving
reason ordered the bank to stop receiving notice of notice of dishonor;
payment. dishonor within which
to pay or make
2) Failing to keep sufficient funds to cover arrangements for
check if presented within a period of 90 days payment;
from the date appearing thereon. 7. that there are 7. that there are
Elements: no funds or there are no funds or no
a. That a person has sufficient funds with insufficient funds at sufficient funds at the
the drawee bank when he makes or the time of issuance time of issuance or at
issues a check. the time of
b. That he fails to keep sufficient funds or presentment if made
to maintain a credit to cover the full within 90 days
amount if presented within a period of
90 days from the date of appearing 3 WAYS TO COMMIT 315, NO. 2(E)
thereon. 1) By obtaining food, refreshment or
c. That the check is dishonored. accommodation at hotel, inn, restaurant,
boarding house, lodging house or apartment
VACA CASE: house without paying therefor, with intent to
Imposed only the fine and not imprisonment. defraud the proprietor or manager thereof
However, in case of insolvency then subsidiary 2) By obtaining credit at any of the said
imprisonment is applied. establishments by the use of any false pretense
It does not, however, altogether remove 3) By abandoning or surreptitiously
from the trial court the discretion to impose the removing any part of his baggage from any of
penalty of imprisonment when the the said establishment after obtaining credit,
circumstances so warrant. food, refreshment or accommodation therein,
without paying
⮚ Prosecution under BP 22 shall be without
prejudice to any liability for any violation in ELEMENTS OF 315 NO. 3 (A)
the RPC. 1. That the offender induced the offended
party to sign a document
⮚ The fine under BP22 is based on the 2. The deceit be employed to make him
amount of the check and is without regard to sign the document
the amount of damaged caused. 3. That the offended party personally
signed the document
BP22 RPC 4. That prejudice be caused
1. endorsers are 1. endorsers
not liable; who acted with deceit 315 No. 3 (B) - resorting to some fraudulent
knowing that the practice to insure success in a gambling game
check is worthless will
be criminally liable; ELEMENTS OF 315 NO. 3 (C)
2. malum 2. malum in se; 1. That there be court record, office files,
prohibitum; documents or any other papers
3. Issuance of 3. It is the means 2. That the offender removed, concealed or
check is for value or to obtain the valuable destroyed any of them
on account; consideration from the 3. That the offender had intent to defraud
payee (debt is not another
pre-existing).
4. a crime 4. a crime
against public interest against property;
because it affects the
entire banking system;
5. Deceit and 5. False INFIDELITY IN ESTAFA (Art.315C)
damage are not pretenses or deceit CUSTODY OF
DOCUMENT (Art.226)
∙ Offender is a public ∙ The offender is a
officer who is officially private individual who
entrusted with the is not officially
document entrusted with the
documents
✍ ART. 316- OTHER FORMS OF
SWINDLING
PERSONS LIABLE:
1) Any person who, pretending to be the
owner of any real property, shall convey, sell,
encumber or mortgage the same
2) Any person who, knowing that real
property is encumbered, shall dispose of the
same, although such encumbrance be not
recorded
3) The owner of any personal property who
shall wrongfully take it from its lawful possessor,
to the prejudice of the latter or any third person
4) Any person who, to the prejudice of
another, shall execute any fictitious contract
5) Any person who shall accept any
compensation given under the belief that it was
in payment of services rendered or labor
performed by him, when in fact he did not
actually perform such services or labor
6) Any person who, while being a surety in
a bond given in a criminal or civil action, without
express authority from the court or before the
cancellation of his bond or before being relieved
from the obligation contracted by him, shall sell,
mortgage, or, in any other manner, encumber
the real property or properties with which he
guaranteed the fulfillment of such obligation
✍ ART. 317-SWINDLING A MINOR
ELEMENTS:
1. That the offender takes advantage of the
inexperience or emotions or feelings of a
minor
2. That he induces such minor to assume an
obligation, or to give release, or to execute a
transfer of any property right
3. That the consideration is some loan of
money, credit, or other personal property
4. That the transaction is to the detriment of
such minor
✍ ART. 318- OTHER DECEITS
1) By defrauding or damaging another by
any other deceit not mentioned in the preceding
articles
2) By interpreting dreams, by making
forecasts, by telling fortunes, by taking
advantage of the credulity of the public in any
other similar manner, for profit or gain
✍ ART 319- REMOVAL, SALE OR
PLEDGE OF MORTGAGED PROPERTY
ELEMENTS: (par 1)
1. personal property mortgaged under Chattel
Mortgage Law
2. Offender knows such mortgage
3. He removes personal property to any
province or city other than the one in which it
was located at the time of the execution of
the mortgage
4. Removal is permanent
5. No written consent of mortgagee, executors,
administrators or assigns to such removal
ELEMENTS: (par 2)
1. Personal property pledged under CML
2. Offender, who is the mortgagor, sells or
pledges the same property or any part
thereof
3. No consent of mortgagee written at the back
of mortgage and noted on the record thereof
in the Office of the Register of Deeds
⮚ Damage to the mortgagee not essential
 ART. 320-326-b REPEALED BY PD 1613
✍ PD 1613 – AMENDING THE LAW ON
ARSON
ARSON – when any person burns or sets fire to
the property of another; or to his own property
under circumstances which expose to danger
the life or property of another
DESTRUCTIVE ARSON
1) Any ammunition factory and other
establishment where explosives, inflammable or
combustible materials are stored
2) Any archive, museum, whether public or
private, or any edifice devoted to culture,
education or social services.
3) Any train, airplane or any aircraft, vessel
or watercraft, or conveyance for transportation of
persons or property
4) Any church or place of worship or other
building where people usually assemble
5) Any building where evidence is kept for
use in any legislative, judicial, administrative or
other official proceeding
6) Any hospital, hotel, dormitory, lodging
house, housing tenement, shopping center,
public or private market, theater or movie house
or any similar place or building
7) Any building, whether used as a
dwelling or not, situated in a populated or
congested area
OTHER CASES OF ARSON
1) Any building used as offices of the
Government or any of its agencies
2) Any inhabited house or dwelling
3) Any industrial establishment, shipyard,
oil well or mine shaft, platform or tunnel COMMUNICATION
4) Any plantation, farm, pasture land, PERSONS LIABLE:
growing crop or grain field, orchard, bamboo Any person who shall damage any
grove or forest railway, telegraph or telephone lines
5) Any rice mill, sugar mill, cane mill or mill
central ⮚ The offense is qualified if the damage shall
6) Any railway or bus station, airport, result in the derailment of cars, collision or
wharf, or warehouse other accident.

SPECIAL AGGRAVATING CIRCUMSTANCES ✍ART 331- DESTROYING OR

IN ARSON DAMAGING STATUES, PUBLIC
1) If committed with intent to gain MONUMENTS OR PAINTINGS
2) If committed for the benefit of another
3) If the offender be motivated by spite or ✍ ART. 332 – PERSONS EXEMPT
hatred towards the owner or occupant of the FROM CRIMINAL LIABILITY
property burned CRIMES INVOLVED:
4) If committed by a syndicate 1) Theft
2) Swindling
⮚ The offense is committed by a syndicate if it 3) Malicious mischief
is planned or carried out by a group of three
or more persons PERSONS EXEMPTED:
1) Spouses, ascendants and descendants,
⮚ If a part of the building commences to burn, or relatives by affinity on the same line
the crime is consummated arson, however 2) The widowed spouse with respect to the
small is the portion burned. property which belonged to the deceased
spouse before the same shall have passed to
⮚ When there is fire, the crime committed is the possession of another
either frustrated or consummated arson, 3) Brothers and sisters and brothers in law
never attempted. and sisters in law, if living together
⮚ Mere conspiracy to commit arson is ⮚ Stepfather, adopted father, natural children,
punishable. concubine, paramour included

✍ ART. 327 – MALICIOUS MISCHIEF ⮚ Also applies to common-law spouses

ELEMENTS:
1. That the offender deliberately caused CRIMES AGAINST CHASTITY
damage to the property of another (ARTS 333-343)
2. That such act does not constitute arson or
✍ ART. 333 – ADULTERY
other crimes involving destruction
ELEMENTS:
3. That the act of damaging another’s property
1. That the woman is married
be committed merely for the sake of
2. That she has sexual intercourse with a man
damaging it
not her husband
3. That as regards to the man with whom she
✍ ART. 328 SPECIAL CASES OF
has sexual intercourse, he must know her to
MALICIOUS MISCHIEF (QUALIFIED) be married
1) Causing damage to or obstructing the
performance of public functions ⮚ The acquittal of one of the defendants does
2) Using poisonous or corrosive not operate as a cause for acquittal of the
substances other
3) Spreading any infection or contagion
among cattle ⮚ The pardon must come before the institution
4) Causing damage to the property of the of the criminal prosecution
National Museum or National Library, or to any
archive or registry, waterworks, road, ⮚ The offended party must pardon both the
promenade, or any other thing used in common offenders
by the public
⮚ Abandonment of the wife by the husband
✍ ART. 329 – OTHER MISCHIEFS without justification is only a mitigating
circumstance
Mischief not included in the next ✍ ART. 334 – CONCUBINAGE
preceding article ELEMENTS:
✍ ART. 330 – DAMAGE AND 1. That the man must be married
OBSTRUCTION TO MEANS OF 2. That he committed any of the ff. acts:
 a. keeping a mistress in the conjugal
dwelling.
b. having sexual intercourse under
scandalous circumstances with a
woman who is not his wife
c. cohabiting with her in any other place
3. As regards to the woman, she must know
him to be married
✍ ART. 336- ACTS OF
LASCIVIOUSNESS
ELEMENTS:
1. That the offender commits any act of
lasciviousness or lewdness
2. That it is done under any of the ff.
circumstances
a. By using force or intimidation
b. When the offended party is deprived of
reason or otherwise unconscious
✍ ART. 337- QUALIFIED SEDUCTION
Two classes
1) Seduction of a virgin over 12 years and
under 18 years of age by persons who abuse
their authority or the confidence reposed
2) Seduction of a sister by her brother or
descendant by her ascendant, regardless of her
age and reputation
VIRGINITY - does not mean physical virginity.
The RPC does not exclude the idea of abduction
of a virtuous woman of good reputation.
✍ ART. 338 – SIMPLE SEDUCTION
ELEMENTS:
1. That the offended party is over 12 and under
18 years of age
2. That she must be of good reputation, single
or widow
3. That the offender has sexual intercourse
with her
4. That it is committed by means of deceit
✍ ART. 339 – ACTS OF
LASCIVIOUSNESS WITH THE CONSENT
OF THE OFFENDED PARTY
ELEMENTS:
1. That the offender commits acts of
lasciviousness or lewdness
2. That the acts are committed upon a woman
who is a virgin or a widow of good
reputation, under 18 years of age but over
12 years, or a sister or descendant
regardless of her reputation or age
3. That the offender accomplishes the acts by
abuse of authority, confidence, relationship
or deceit
✍ ART. 340 – CORRUPTION OF
MINORS (AS AMENDED BY BP 92)
⮚ To promote or facilitate the prostitution or
corruption of persons under age to satisfy
the lust of another
RA 7610 - Child Prostitution and Attempt to
Commit Child Prostitution are punished under
this Act.
✍ ART. 341- WHITE SLAVE TRADE
PROHIBITED ACTS:
1) Engaging in the business of prostitution
2) Profiting by prostitution
3) Enlisting the services of women for the
purpose of prostitution
✍ ART. 342- FORCIBLE ABDUCTION
ELEMENTS:
1. That the person abducted is a woman
2. That the abduction is against her will
3. That the abduction is with lewd design
FORCIBLE GRAVE COERCION/
ABDUCTION KIDNAPPING
∙ With lewd design ∙ No lewd design
⮚ Conviction of acts of lasciviousness, not a
bar to conviction of forcible abduction
⮚ Attempted Rape is absorbed by Forcible
Abduction as the former constitutes the
element of lewd design
✍ ART. 343- CONSENTED ABDUCTION
ELEMENTS:
1. That the offended party must be a virgin
2. That she must be over 12 and under 18
years of age
3. That the taking away of the offended party
must be with her consent, after solicitation or
cajolery from the offender
4. That the taking away of the offended party
must be with lewd designs
⮚ If girl is under 12 – ALWAYS FORCIBLE
ABDUCTION
CRIMES AGAINST CHASTITY WHERE AGE
AND REPUTATION OF THE VICTIM ARE
IMMATERIAL:
1) Acts of Lasciviousness against the
will of the offended party; or against a sister
or descendant
2) Qualified Seduction of sister or
descendant
3) Forcible Abduction
✍ ART. 344 – PROSECUTION OF THE
CRIMES OF ADULTERY,
CONCUBINAGE, SEDUCTION,
ABDUCTION, RAPE AND ACTS OF
LASCIVIOUSNESS
1) Adultery and concubinage must be
prosecuted upon the complaint signed by the
offended spouse
2) Seduction, abduction and acts of
lasciviousness must be prosecuted upon the
complaint signed by
a. Offended party
b. Her parents
c. Grandparents
d. Guardians
in the order named above.
⮚ Pardon to adultery and concubinage may be
express or implied; whereas express pardon
of the offender is required to bar prosecution
for seduction, abduction, abduction, or acts
of lasciviousness
⮚ Condonation is not pardon in concubinage
or adultery – any subsequent act of the
offender showing that there was no
repentance will not bar the prosecution of
the offense
⮚ Pardon by the offended party who is a minor
must have the concurrence of parents –
except when the offended party has no
parents
⮚ Marriage of the offender with the offended
party benefits the co-principals, accomplices
and accessories EXCEPT in rape because it
is already a crime against person; marriage
obliterates criminal liability as to the
husband only
✍ ART. 345 – CIVIL LIABILITY OF
PERSONS GUILTY OF CRIMES
AGAINST CHASTITY
PERSONS WHO ARE GUILTY OF RAPE, SEDUCTION, OR
ABDUCTION SHALL ALSO BE SENTENCED:
1) To indemnify the offended woman
2) To acknowledge the offspring, unless
the law should prevent him from doing so
3) In every case to support the offspring
✍ ART. 347 – SIMULATION OF
BIRTHS, SUBSTITUTION OF ONE
CHILD FOR ANOTHER, CONCEALMENT
OR ABANDONMENT OF A LEGITIMATE
CHILD
Object of the crime under ART. 347 is
the creation of false or the causing of the loss of
civil status
✍ ART. 348 – USURPATION OF CIVIL
STATUS
⮚ Usurping the civil status of another is
committed by assuming the filiation, or the
parental or conjugal rights of another with
intent to enjoy the rights arising from the civil
status of the latter.
⮚ Crime is qualified if the purpose is to defraud
offended parties and heirs
ILLEGAL MARRIAGES
(ARTS 349-351)
✍ ART. 349 – BIGAMY
ELEMENTS:
1. That the offender is legally married
2. That the marriage has not been dissolved
or, in case the spouse is absent, the absent
spouse could not yet be presumed dead
according to the Civil Code
3. That he contracts a second marriage or
subsequent marriage
4. That the second or subsequent marriage
has all the essential requisites for validity
⮚ A person convicted of bigamy may still be
prosecuted for concubinage.
⮚ The second spouse who knew of the first
marriage is an accomplice, as well as the
person who vouched for the capacity of
either of the contracting parties.
✍ ART. 350 – MARRIAGE
CONTRACTED AGAINST PROVISIONS
OF LAWS
ELEMENTS:
1. That the offender contracted marriage
2. That he knew at the time that ---
a. The requirements of the law were
not complied with; or
b. The marriage was in disregard of a
legal impediment
c. The offender must not be guilty of
bigamy
Qualifying Circumstance - if either of the
contracting parties obtains the consent of the
other by means of violence, intimidation or fraud
✍ ART. 351- PREMATURE MARRIAGES
PERSONS LIABLE:
1) A widow who married within 301 days
from the date of the death of her husband, or
before having delivered if she is pregnant at the
time of his death
2) A woman whose marriage having been
annulled or dissolved, married before delivery or
before expiration of the period of 301 days after
the date of legal separation
⮚ Period may be disregarded if the first
husband was impotent or sterile
✍ ART. 352- PERFORMANCE OF
ILLEGAL MARRIAGES
⮚ Priests, or ministers of any religious
denomination or sect, or civil authorities who
shall perform or authorize any legal
marriage ceremony
 CRIMES AGAINST HONOR 1. to tap any wire or cable
(ARTS 355-364) 2. to use any other device or arrangement
✍ ART. 353 LIBEL 3. to secretly overhear, intercept or record such
ELEMENTS: communication by using a device known as
1. That there must be an imputation of a crime, dictaphone/ dictagraph/ detectaphone/
or a vice or defect, real or imaginary, or any walkie-talkie/ tape-recorder
act, omission, condition, status or 4. to knowingly possess any tape/wire or disc
circumstance record or copies of any communication or
2. That the imputation must be made publicly spoken word
3. That it must be malicious 5. to replay the same for any person or
4. That the imputation must be directed at a persons
natural person or a juridical person, or one 6. to communicate the contents thereof,
who is dead. verbally or in writing
5. That the imputation must tend to cause the 7. to furnish transcriptions thereof, whether
dishonor, discredit, or contempt of the complete or partial
person defamed. EXCEPTION:
When a peace officer is authorized by
2 TYPES OF MALICE: written order from the court
1) malice in fact – shown by proof of
ill-will, hatred, or purpose to injure; also ⮚ Any recording, communication or spoken
known as EXPRESS MALICE word obtained in violation of the provisions
2) malice in law – presumed from of this Act - INADMISSIBLE IN EVIDENCE
defamatory imputation; proof is not required IN ANY JUDICIAL, QUASI-JUDICIAL OR
because it is presumed to exist from the ADMINISTRATIVE HEARING OR
defamatory imputation; INVESTIGATION.
⮚ When the communication is PRIVILEGED,
malice is not presumed from the defamatory ✍ ART. 355 – LIBEL BY MEANS OF
words. WRITINGS OR SIMILAR MEANS

✍ ART. 354 REQUIREMENT FOR Committed by means of: 1) writing 2)

PUBLICITY printing 3) lithography 4) engraving 5) radio 6)
MALICE IN LAW – Every defamatory phonograph 7) painting 8) theatrical exhibition 9)
imputation is presumed to be malicious, even if it cinematographic exhibitions 10) similar means
be true, if no good intention or justifiable motive
is shown. ✍ ART. 356 THREATENING TO
PUBLISH AND OFFER TO PREVENT
The PRESUMPTION is rebutted if it is shown SUCH PUBLICATION FOR A
by the accused that – COMPENSATION
a. The defamatory imputation, is true, in Prohibited acts:
case the law allows proof of the truth of 1) Threatening another to publish a libel
the imputation. (see Art. 361) concerning him, or his parents, spouse, child or
b. It is published with good intention. other members of the family
c. There is justifiable motive for making it. 2) Offering to prevent the publication of
MALICE is not presumed in the following such libel for compensation or money
cases: consideration
1) Private communication made by any
person to another in the performance of any FELONIES WHERE BLACKMAIL IS
legal, moral or social duty. POSSIBLE:
2) A fair and true report of any judicial, 1) Light threats (283)
legislative, or other proceedings which are not of 2) Threatening to publish, offering to
confidential nature; prevent the publication of a libel for
3) Or of any statement, report, or speech compensation (356)
delivered in said proceedings, or of any other act
performed by public officers in the exercise of ✍ ART. 357 – PROHIBITED
their functions PUBLICATION OF ACTS REFERRED TO
IN THE COURSE OF OFFICIAL
✍ R.A. 4200-THE ANTI-WIRE TAPPING PROCEEDINGS
ACT. ELEMENTS:
REPUBLIC ACT NO.4200 1. The offender is a reporter, editor or manager
of a newspaper, daily or magazine
Section 1. Unlawful acts by any person or 2. He publishes facts connected with the
participant, not authorized by all the parties to private life of another
any private communication or spoken word :
3. Such facts are offensive to the honor, virtue
and reputation of said person
⮚ Prohibition applies even if the facts are
involved in official proceedings.
⮚ Source of news report may not be revealed
unless the court or a House or Committee
of Congress finds that such revelation is
demanded by the security of the State
3. And for a justifiable end
✍ ART. 363 – INCRIMINATING
INNOCENT PERSONS
ELEMENTS:
1. That the offender performs an act
2. That by such act he directly incriminates or
imputes to an innocent person the
commission of a crime
3. That such act does not constitute perjury

✍ ART. 358 – SLANDER (oral INCRIMINATING PERJURY BY

defamation) INNOCENT MAKING FALSE
KINDS: PERSONS ACCUSATIONS
1) Simple slander ∙ Limited to the act of ∙ Giving of false
2) Grave slander, when it is of a serious planting evidence and statement under oath
and insulting nature the like in order to or making a false
incriminate an affidavit, imputing to
✍ ART. 359 SLANDER BY DEED innocent person the person the
ELEMENTS: commission of a crime
1. That the offender performs any act not
included in any other crime against honor INCRIMINATING DEFAMATION
2. That such act is performed in the presence INNOCENT
of other persons PERSONS
3. That such act cast dishonor, discredit, or ∙ Offender does not ∙ Imputation is public
contempt upon the offended party avail himself of written and malicious
or spoken words in calculated to cause
Common element of Slander by deed and besmirching the dishonor, discredit, or
Unjust Vexation – Irritation or Annoyance; victim’s reputation contempt upon the
Without any other concurring factor, it is only offended party
Unjust Vexation; If the purpose is to shame or
humiliate, Slander by deed.

✍ ART 360 PERSONS RESPONSIBLE

✍ ART. 364 INTRIGUING AGAINST
FOR LIBEL
HONOR
1) Any person who shall publish, exhibit or
Committed by any person who shall
cause the publication or exhibition of any make any intrigue which has for its principal
defamation in writing or by similar means
purpose to blemish the honor or reputation of
2) The author, editor of the book or pamphlet another.
3) Editor, Business manager of newspaper or
✍ ART. 365 – IMPRUDENCE AND
magazine, responsible to the same extent
NEGLIGENCE
as if he were the author
4) Owner of the printing plant which publishes
ELEMENTS (RECKLESS IMPRUDENCE):
the libelous article and all other persons who
1. That the offender does or fails to do an act.
in any way participate
2. That the doing of or the failure to do that act
is voluntary.
✍ ART. 361 PROOF OF TRUTH
3. That it be without malice.
WHEN PROOF OF THE TRUTH IS
4. That material damage results.
ADMISSIBLE IN A CHARGE FOR LIBEL:
5. That there is inexcusable lack of precaution
1. When the act or omission imputed
on the part of the person performing or
constitutes a crime regardless of whether the
failing to perform such act taking into
offended party is a private individual or a
consideration - - -
public officer.
a) Employment or occupation.
2. When the offended party is a
b) Degree of intelligence, physical
Government employee, even if the
condition.
imputation does not constitute a crime,
c) And other circumstances regarding
provided it is related to the discharge of his
persons, time and place.
official duties.
ELEMENTS (SIMPLE IMPRUDENCE):
Defense in defamation:
1) That there is lack of precaution on the
1. It appears that the matters charged as
part of the offender.
libelous is true
2. It was published with good motives
 2) That the damage impending to be
caused is not immediate nor the danger
clearly manifest.

⮚ Art 64 relative to mitigating and aggravating

circumstances not applicable to crimes
committed through negligence

THE PENALTIES PROVIDED FOR IN ARTICLE

365 ARE NOT APPLICABLE WHEN:
a) the penalty provided for the offense is equal
to or lower than those provided in the first
two paragraphs of Art 365
b) by imprudence or negligence, and with
violation of the Automobile Law, the death of
a person shall be caused

QUALIFYING CIRCUMSTANCE:
When the offender fails to lend help to
the injured parties

- END OF BOOK TWO-