You are on page 1of 15

1

CRIMINAL LAW BOOK II


REVIEWER
Classification of Crimes 10. Direct Assaults
1. Crimes against National Security 11. Indirect Assaults
2. Crimes against Law of Nations 12. Disobedience to summons issued by the national
3. Crimes against the Fundamental Laws of the State assembly or constitutional commissions
4. Crimes against Public Order 13. Resistance and Disobedience to a person in
5. Crimes against Public Interest authority or his agents
6. Crimes against Public Morals 14. Tumults and other disturbances of public disorder
7. Crimes committed by Public Officers 15. Unlawful use of means of publication and unlawful
8. Crimes against Persons utterances
9. Crimes against Personal Liberty and Security 16. Alarms and Scandals
10. Crimes against Property 17. Delivering Prisoners from Jail
11. Crimes against Chastity 18. Evasion by escaping during term of sentence
12. Crimes against Civil Status 19. Evasion on the occasion of disorder
13. Crimes against Honor 20. Evasion by violation of conditional pardon
14. Criminal Negligence
15. Special Laws CRIMES AGAINST PUBLIC INTEREST
Acts of Counterfeiting
CRIMES AGAINST NATIONAL SECURITY 1. Forging the seal of the Government, signature or
1.Treason stamp of the Chief Executive
2.Conspiracy and Proposal to commit Treason 2. Using forged signature, seal or stamp
3. Misprision of Treason 3. Counterfeiting coins
4. Espionage 4. Mutilation of coins
5. Inciting to War and Giving Motives for Reprisal 5. Forging treasury or bank notes or other documents to
6. Violation of Neutrality bearer
7. Correspondence with Hostile Country
8. Flight to Enemy Country Acts of Forgery
1. Illegal possession and use of false treasury or bank
CRIMES AGAINST LAW OF NATIONS notes and other instruments of credit
1. Piracy and Mutiny 2. How forgery is committed
2. Qualified Piracy and Mutiny
Acts of Falsification
1. Falsification of legislative documents
CRIMES AGAINST THE FUNDAMENTAL 2. Falsification by public officer, employee or notary
LAWS OF THE STATE ecclesiastical minister
1. Arbitrary Detention 3. Falsification by private individuals
2. Delay in the delivery of detained persons to the 4. Falsification of wireless, cable, telegraph and
proper judicial authorities telephone messages
3. Delaying Release 5.Falsification of medical certificates, certificates of
4. Expulsion merit or service
5. Violation of Domicile 6. Using false certificates
6. Search warrants maliciously obtained and abuse in 7.Manufacturing and possession of instruments or
the service of those legally obtained implements of falsification
7. Searching domicile without witnesses
8. Prohibition, interruption and dissolution of peaceful Other Falsities
meetings 1. Usurpation of authority or official functions
9. Interruption of Religious Feelings 2. Using fictitious and concealing true Name
10. Offending the religious feelings 3. Illegal use of uniforms and insignia
4. False testimony against a defendant
CRIMES AGAINST PUBLIC ORDER 5. False testimony favorable to the defendant
1. Rebellion 6. False testimony in civil cases
2. Coup d’etat 7. False testimony in other cases and perjury in solemn
3. Disloyalty of Public Officers or Employees affirmation
4. Sedition 8. Offering false testimony in evidence
5. Acts tending to prevent the meeting of the National 9. Machinations in Public Auctions
Assembly and Similar Bodies 10. Monopolies and Combination in Restraint of Trade
6. Disturbance of Proceedings 11. Importation and Disposition of falsely marked
7. Violation of Parliamentary Immunity articles or merchandise of gold, silver, or other precious
8. lllegal Assemblies metals or their alloys
9. Illegal Associations
2

CRIMES AGAINST PUBLIC MORALS


1. Grave Scandal 13. Trespass to dwelling
2. Immoral Doctrines, Obscene Publications and 14. Other forms of trespass to dwelling
Exhibitions and Indecent Shows 15. Grave threats
3. Anti Gambling 16. Light threats
17. Grave Coercion
CRIMES COMMITTED BY PUBLIC OFFICERS 18. Light Coercion
Misfeasance
1. Knowingly rendering unjust judgment
2. Rendering judgment through negligence CRIMES AGAINST PROPERTY
3. Rendering unjust interlocutory order 1. Robbery
4. Malicious delay in the administration of justice 2. Theft
3. Qualified theft
Malfeasance 4. Theft of the Property of the National Library and
1. Direct bribery National Museum
2. Indirect bribery 5. Occupation of Real Property or Usurpation of Real
Rights in Property
Nonfeasance 6. Altering Boundaries or Landmarks
1. Dereliction of duty in the prosecution of offenses 7. Swindling (Estafa) and other Deceits
8. Malicious Mischief
CRIMES AGAINST PERSONS
1. Parricide
2. Death and physical injuries inflicted under CRIMES AGAINST CHASTITY
exceptional circumstances 1. Adultery
3. Murder 2. Concubinage
4. Homicide 3. Acts of Lasciviousness
5. Death in Tumultuous Affray 4. Seduction
6. Physical Injuries inflicted in tumultuous affray 5. Corruption of Minors
7. Giving assistance to suicide 6. Forcible Abduction
8. Discharge of firearm 7. Consented Abduction
9. Infanticide
10. Intentional abortion CRIMES AGAINST CIVIL STATUS
11. Unintentional abortion 1. Simulation of Births, Substitution of One Child for
12. Abortion practiced by the woman herself or her Another and Concealment or Abandonment of a
parents Legitimate Child
2. Usurpation of Civil Status
13. Abortion practiced by physician or midwife and 3. Bigamy
dispensing of abortives 4. Performance of Illegal Marriage Ceremony
Physical Injuries
14. Mutilation
15. Serious Physical Injuries CRIMES AGAINST HONOR
16. Administering injurious substances or beverages 1. Libel
17. Less serious physical injuries 2. Slander (Oral Defamation)
18. Slight physical injuries 3. Slander by Deed
19. Rape 4. Incriminating Innocent Person

CRIMINAL NEGLIGENCE
CRIMES AGAINST PERSONAL LIBERTY AND 1. Imprudence
SECURITY 2. Negligence
1.Kidnapping and Serious Illegal Detention
2. Slight illegal detention
3. Unlawful arrest ELEMENTS OF THE CRIME
4. Kidnapping and failure to return a minor
5. Inducing a minor to abandon his home Crimes against National Security
6. Slavery Treason
7. Exploitation of Child Labor 1. Offender: Filipino citizen or alien residing in the
8. Services rendered under compulsion in payment of debt Philippines
9. Abandonment of persons in danger and 2. There is war where the Philippines is involved
abandonment of one’s own victim 3. Offender either:
10. Abandoning a minor a. levies war against the government
11. Abandonment of minor by a person entrusted with b. adheres to enemies, giving them aid or comfort
his custody; indifference of parents
12. Exploitation of minors
3

Misprision of Treason Qualified Piracy


1. Offender (not a foreigner) must own allegiance to the 1. Whenever they have seized a vessel by boarding or
government firing upon the same
2. He has knowledge of conspiracy to commit treason 2. Whenever the parties have abandoned their victims
against the government without means of saving themselves
3. He conceals such knowledge to the Governor, Fiscal 3. Whenever the crime is accompanied by murder,
of the Province or Mayor or Fiscal of the City homicide, physical injuries or rape

Espionage
Ways to commit Mutiny
1. Entering without authority a warship, fort or naval Unlawful resistance to a superior officer or the raising
establishment or reservation to obtain any information, of commotions and disturbances onboard a ship against
plans, photographs or other data of confidential nature the authority of its commander
relative to the defense of the Philippines
2. Disclosing to the representative of a foreign nation
the contents of articles, data or information relative to Crimes against the Fundamental Laws of the State
the defense of the Philippines which he had in his
possession by reason of public office he holds Arbitrary Detention
1. Offender is a public officer or employee
Inciting to War or Giving Motives for Reprisals 2. He detains a person
1. Offender performs unlawful/unauthorized acts 3. Detention is without legal grounds
2. Such acts provoke or give occasion for a war
involving the Philippines or expose Filipino citizens to Delay in the Delivery of Detained Persons to the
reprisals on their persons or property Proper Judicial Authorities
1. Offender is public officer or employee
Violation of Neutrality 2. He has detained a person for some legal ground
1. There is war in which the Philippines not involved 3. He fails to deliver such person to the proper judicial
2. There is regulation issued by competent authority authorities
enforcing neutrality a. 12 hours- crimes punishable by light penalties
3. Offender violates such regulation b.18 hours- crimes punishable by correccional
penalties
Correspondence with Hostile Country c. 36 hours-crimes punishable by afflictive penalties
1. There is war in which the Philippines is involved
2. Offender makes correspondence with an enemy Delaying Release
country or territory occupied by enemy troops 1. Offender is a public officer or employee
3. Correspondence is either: 2. There is judicial or executive order for the release
a. prohibited by the government of the prisoner
b. carried on in ciphers or conventional signs 3. Offender without good reason delays:
c. containing notice or information which might be a. service of notice of such order to the prisoner
useful to enemy b. performance of such judicial or executive order for
the release of the prisoner
Flight to Enemy Country c. proceedings upon a petition for the release of such
1. There is war which the Philippines in involved person
2. Offender attempts to flee or go to enemy country
3. Going to enemy country is prohibited by competent Expulsion
authority 1. Offender is a public officer or employee
2. He either:
a. expels any person from the Philippines
Crimes against Law of Nations b. compels a person to change residence
Piracy c. offender is not authorized to do so by law
1. A vessel is on high seas or in the Philippine waters
2. Offenders are not members of its complement or Violation of Domicile
passengers of the vessel 1. Offender is a public officer or employee
3. Offenders either- 2. He is not authorized by judicial order to enter the
a. attack or seize the vessel dwelling and/or to make a search for papers and for
b. seize the whole or part of the cargo of said vessel, its other effects
equipment or personal belongings of its complement or
passengers
4

Search Warrants Maliciously Obtained and Abuse


in the Service of those Legally Obtained
1. Procuring search warrant without just cause Coup d’etat
a. Offender is a public officer or employee 1. Offender belongs to the military, police or holding
b. He procures a search warrant any public office or employment
c. There is no just cause 2.There be a swift attack accompanied by violence,
intimidation, threat, strategy or stealth
2. Exceeding his authority or by using unnecessary 3. The purpose of the attack is to seize or diminish State
severity in executing a search warrant legally procured power
a. Offender is a public officer or employee 4. Attack is directed against duly constituted authorities
b. He has legally procured a search warrant of the Republic of the Philippines or any military camp
c. He exceeds his authority or uses unnecessary severity or installation communication networks, public utilities
in executing the same or other facilities needed for the exercise and continued
possession of power
Searching Domicile without Witnesses
1. Offender is a public officer or employee Disloyalty of Public Officers or Employees
2. He is armed with search warrant legally procured 1. Failing to resist a rebellion by all means in their
3. He searches the domicile, papers or other belongings power
of any person 2. Continuing to discharge the duties of their offices
4. Owner or any member of his family or two witnesses under the control of rebels
residing in the same locality are not present 3. Accepting appointment to office under them

Prohibition, Interruption and Dissolution of Sedition


Peaceful Meetings 1. Offenders rise publicly and tumultuously
1. Offender is a public officer or employee 2. They employ force, intim1 idation or other means
2. He performs the following: outside of legal methods
a. prohibiting or interrupting without legal ground the 3. They employ any of the means to:
holding of a peaceful meeting a. prevent the promulgation or execution of any law or
b. hindering any person from joining any lawful the holding of any popular election
association or from attending any of its meetings b. prevent the national government or any provincial or
c. prohibiting or hindering any person from addressing, municipal government or any public officer from freely
either alone or together with others, any petition to the exercising its/his functions or prevent the execution of
authorities for correction of abuses or redress of any administrative order
grievances c. inflict any act of hate or revenge upon the person or
property of any public officer or employee
Interruption of Religious Worship d. commit for any political or social end any act of hate
1. Offender is a public officer or employee or revenge against private persons or any social class
2. Religious ceremonies or manifestations of any e. despoil any person, municipality or province or
religion are about to take place or are going on national government of all its property or any part
3. Offender prevents or disturbs the same thereof for any political or social end

Offending Religious Feelings Acts Tending to Prevent the Meeting of the National
1. Acts complained of were performed: Assembly and Similar Bodies
a. In a place devoted to religious worship 1. There be a projected or actual meeting of Congress
b. During the celebration of any religious ceremony or any of its committees, sub-committees or
2. Acts must be notoriously offensive to the feelings of constitutional committees or divisions thereof or any
the faithful provincial board
2. Offender who may be any person prevents such
meeting by force or fraud
Crimes against Public Order
Disturbance of Proceedings
Rebellion 1. There be a meeting of Congress or any of its
1. There is public uprising and taking of arms against committees, sub committees, constitutional
the Government commissions or committees or divisions thereof or of
2. Purpose of the uprising is either: any provincial, city or municipal council or board
a. remove allegiance to Government 2. Offender does any of the following acts:
b. deprive the Chief Executive or Congress wholly or a. disturbs any of such meetings
partially, any of their powers or prerogatives b. behaves while in the presence of any such bodies in
such a manner as to interrupt its proceedings
5

Violation of Parliamentary Immunity


1. By using force, intimidation, threats or fraud to Who are agents of a person in authority?
prevent any member of the Congress from: Any person who by direct provision of law or by
a. attending the meetings of Congress or any of its election or by appointment by competent authority is
committees or sub committees, constitutional charged with:
commissions or committees or divisions thereof 1. Maintenance of public order
b. from expressing his opinions 2. Protection and security of life and property
c. casting his vote The following are agents of person in authority:
1. Barangay Kagawad
2. By arresting or searching any member thereof while 2. Barangay Tanod
Congress is in regular or special session except in case 3. Barangay Councilman
such member has committed a crime punishable under 4. Any person who comes to the aid of person in
the code by a penalty higher than prision mayor authority

Illegal Assemblies Resistance ad Disobedience to a Person in Authority


1. Any meeting attended by armed persons for the of his Agents
purpose of committing any of the crimes punishable 1. A person in authority or his agent is engaged in the
under the Code performance of official duty or gives lawful order to the
2. Any meeting in which the audience, whether armed offender
or not, is incited to the commission of the crime of 2. The offender resists or seriously disobeys such
treason, rebellion, sedition or direct assault person in authority or his agent

Illegal Associations
1. Associations totally or partially organized for the Simple Disobedience
purpose of committing any of the crimes punishable 1. An agent of a person in authority is engaged in the
under the code performance of official duty or gives a lawful order to
2. Associations totally or partially organized for some the offender
purpose contrary to public morals

Direct Assault 2. The offender disobeys such agent of a person in


1. Without public uprising, by employing force or authority
intimidation for the attainment of any of the purposes 3. Such disobedience is not of a serious nature
of rebellion ad sedition
2. Without public uprising, by attacking or employing Tumults and other Disturbances of Public Disorder
force or by seriously intimidating or by seriously 1. Causing any serious disturbance in a public place,
resisting any person in authority or any of his agents, office or establishment
while engaged in the performance of official duties or 2. Interrupting or disturbing performances, functions or
on the occasion of such performance gatherings or peaceful meetings
3. Making any outcry tending to incite rebellion or
Indirect Assault sedition in any meeting, association or public place
1. An agent of a person in authority is the victim of any 4. Displaying placards or emblems which provoke a
of the forms of direct assault disturbance of public disorder
2. A person comes to the aid of such authority 5. Burying with pomp the body of a person who has
3. That the offender makes use of force or intimidation been legally executed
upon such person coming to the aid of the authority or
his agent Alarms and Scandals
1. Discharging any firearm, rocket, firecracker or other
explosive within any town or public place calculated to
Who are Persons in Authority? cause alarm or danger
Persons in authority are those directly vested with 2. Instigating or taking an active part in any charivari
jurisdiction, whether as an individual or as a member or other disorderly meeting offensive to another or
of some court or government corporation, board or prejudicial to public tranquility
commission 3. Disturbing the public peace while wandering about
The following are persons in authority: at night or while engaged in any nocturnal
1. Mayors arrangements
2. Division Superintendent of School 4. Causing any disturbance or scandal in public places
3. Public and Private School Teachers while intoxicated
4. Provincial Fiscal
5. Judges
6. Lawyers in actual performance of duties
7. Sangguniang Bayan Member
8. Barangay Chairman
9. Members of the Lupong Tagapamayapa
6

Delivering Prisoners from Jail 1. Coin mutilated is of legal tender


1. There is a person confined in a jail or penal 2. Offender gains from precious metal dust abstracted
establishment from the coin
2. The offender removes therefrom such person or
helps the escape of such person Selling of False or Mutilated Coin without
Connivance
Evasion by Escaping During Term of Sentence 1. Possession of coin, counterfeited or mutilated by
1. Offender is a convict by final judgment another person, with intent to utter the same, knowing
2. He is serving sentence which consists of deprivation that it is false or mutilated
of liberty 2. Actually uttering such false or mutilated coin
3. He evades the service of his sentence by escaping knowing the same to be false or mutilated
during the term of his sentence
Forging Treasury or Bank Notes or Other
Documents payable to bearer; Importing and
Evasion on the Occasion of Disorders Uttering such false or forged notes and documents
1. Offender is a convict by final judgment who is Forging is committed by giving a treasury or bank note
confined in a penal institution or any instrument payable to bearer or to order the
2. There is disorder which result from: appearance of a true and genuine document
a. Conflagration
b. Earthquake Falsification of Legislative Documents
c. Explosion 1. There be a bill, resolution or ordinance enacted or
d. Other similar catastrophe approved or pending approval by either House or
e. Mutiny which he has not participated legislature or any provincial board or municipal council
3. Offender evades the service of his sentence by 2. Offender alters the same
leaving the penal institution where he is confined on 3. He has no proper authority
the occasion of such disorder or during the mutiny 4. Alteration has changed the meaning of the document
4. Offender fails to give himself up to the authorities
within 48 hours following the issuance of a
proclamation by the Chief Executive announcing the
passing away of such calamity Falsification by Public Officer, Employee or Notary
or Ecclesiastical Minister
1. Offender is a public officer, employee or notary
Evasion by Violation of Conditional Pardon public
1. Offender was a convict 2. He takes advantage of his official position
2. He was granted a conditional pardon by the Chief a. He has the duty to make or prepare or to otherwise
Executive intervene in the preparation of the document
3. He violated any of the conditions of such pardon b. He has the official custody of the document which
he falsifies
3. He falsifies a document by committing any of the
Crimes against Public Interest following acts:
a. counterfeiting or imitating any handwriting,
Counterfeiting the Great Seal of the Government of signature or rubric
the Philippines, Forging the Signature or Stamp of b. causing it to appear that persons have participated in
the Chief Executive any act or proceeding when they did not in fact so
1. Forging great seal participate
2. Forging signature of the President c. attributing to persons who have participated in an act
3. Forging the stamp of the President or proceeding statements other than those in fact made
by them
d. making untruthful statements in a narration of facts
Using Forged Signature, Seal or Stamp e. altering true dates
1. Great Seal of the Republic was counterfeited or the f. making any alteration in a genuine document which
signature or stamp of the Chief Executive was forged changes its meaning
by another person g. issuing in authenticated form a document purporting
2. Offender knew of the counterfeiting or forgery to be a copy of an original document when no such
original exists
Making, Importing and Uttering False Coins
1. There be false or counterfeited coins
2. Offender either made, imported or uttered such coins
3. In case of uttering such false or counterfeited coins,
he connived with the counterfeiters or importers

Mutilation of Coins, Importation and Utterance of


Mutilated Coins
7

Falsification by Private Individuals and Use of representative of any department or agency of


Falsified Documents Philippine Government or any foreign government
Falsification of public, official or commercial 2. Usurpation of Official Functions- by performing any
document by a private individual act pertaining to any person in authority or public
1. Offender is a private individual or public officer or officer of the Philippine Government or of a foreign
employee who did not take advantage of his official government or any agency thereof under pretense of
position official position and without being lawfully entitled to
2. He committed any act of falsification do so
3. Falsification is committed in a public, official or
commercial document
Using Fictitious Name and Concealing True Name
Falsification of private document by any person Using Fictitious Name
1. Offender commits any acts of falsification 1. Offender uses a name other than his real name
2. Falsification was committed in any private document 2. He uses the fictitious name publicly
3. Falsification caused damage to a third party 3. Purpose of use is to conceal a crime, to evade the
execution of judgment or to cause damage to public
interest
Use of Falsified Document Concealing True Name
1. Introducing in a judicial proceeding or in any other 1. Offender conceals his true name and other personal
transaction circumstances
2. Offender knew that the document was falsified by 2. Purpose is only to conceal identity
another person
Illegal Use of Uniform or Insignia
1. Offender makes use of insignia, uniform or dress
Falsification of Wireless Telegraph and Telephone 2. The insignia, uniform or dress pertains to an office
Messages not held by the offender or to a class of persons of
1. Uttering fictitious wireless, telegraph or telephone which he is not a member
message 3. Said insignia, uniform or dress is used publicly and
2. Falsifying wireless, telegraph or telephone message improperly

False Testimony
False Medical Certificates, False Certificates of Offender who being under oath and required to testify
Merit or Service as to the truth of a certain matter at a hearing before a
1. Issuance of false certificate by a physician or surgeon competent authority shall deny the truth or say
in connection with the practice of his profession something contrary to it
2. Issuance of a false certificate or merit or service,
good conduct or similar circumstances by a public Forms of False Testimony
officer False testimony against a defendant (criminal)
3. Falsification by a private person of any certificate False testimony favorable to the defendant (criminal)
mentioned False testimony in civil cases

False Testimony in other Cases and Perjury in


Using False Certificates Solemn Affirmation
1. A physician or surgeon had issued a false medical 1. Offender made a statement under oath or executed
certificate or public officer issued a false certificate of an affidavit upon a material matter
merit or service, good conduct or similar circumstance 2. Statement or affidavit was made before a competent
or a private person had falsified any of said certificates officer, authorized to receive and administer oath
2. Offender knew that the certificate was false 3. In that statement or affidavit, offender made a willful
3. He used the same and deliberate assertion of falsehood
4. Sworn statement or affidavit containing the falsity is
Manufacturing and Possession of Instruments for required by law
Falsification
1. Making or introducing into the Philippines any Offering False Testimony in Evidence
stamps, dies, marks or other instruments or implements 1. Offender offered in evidence a false witness or false testimony
for counterfeiting or falsification 2. He knew the witness or testimony was false
2. Possessing with intent to use the instrument or 3. Offer was made in a judicial or official proceeding
implements for counterfeiting or falsification made in
or introduced into the Philippines by another person

Usurpation of Authority or Official Functions


1. Usurpation of Authority- by knowingly and falsely
representing oneself to be an officer, agent or
8

Crimes against Public Morals Malicious Delay in the Administration of Justice


1. Offender is a judge
Grave Scandal 2. There is a proceeding in his court
1. Offender performs act (s) 3. He delays the administration of justice
2. Such act (s) be highly scandalous as offending 4. The delay is malicious, that is, the delay is caused by
against decency or good customs the judge with deliberate intent to inflict damage on
3. Highly scandalous conduct is not expressly falling either party in the case
within any other article of the Revised Penal Code
4. Act or acts complained of be committed in a public Prosecution of Offenses
place or within the public knowledge or view 1. Offender is a public officer or officer of the law who
has a duty to cause the prosecution or to prosecute
Immoral Doctrines, Obscene Publications and offenses
Exhibitions and Indecent Shows 2. There is dereliction of the duties of his office-
Persons liable knowing the commission of the crime, he does not
1. Those who shall publicly expound or proclaim cause the prosecution of the criminal or knowing that a
doctrines openly contrary to public morals crime is about to be committed, he tolerates its
2. Authors of obscene literature, editors and commission
owners/operators of establishment selling the same
3. Those who in theaters, fairs, cinematographs or any Betrayal of Trust by an Attorney or Solicitor-Betrayal of Secrets
other place, exhibit indecent or immoral plays or 1. Causing damage to his client
scenes, acts or shows a. by malicious breach of professional duty
4. Those who shall sell, give away, exhibit films, prints, b. by inexcusable negligence or ignorance
engravings, sculptures or literatures which are 2. revealing any secrets of his client learned by him in
offensive to morals his professional capacity
3. undertaking the defense of the opposing party in the
Vagrancy and Prostitutes same age without consent of his first client
(RA 10158 decriminalized vagrancy)
Prostitutes Direct Bribery
-they are women who for money or profit habitually Bribery is committed when a public officer receives a
indulge in sexual intercourse or lascivious conduct gift, present, offer or promise by reason or in
connection with the performance of his official duties
Crimes committed by Public Officers Punishable acts:
1. Agreeing to perform or performing an act pertaining
Who are public officer? to the duties of office which constitutes a crime
1. Taking part in the performance of public functions in 2. accepting a gift in consideration of the execution of
the Government or performing in said government or an act which does not constitute a crime but which must
in any of its branches public duties as an employee, be unjust
agent or subordinate official of any rank or class 3. abstaining from the performance of official duties
2. His authority to take part in the performance of
public duties must be Indirect Bribery
a. By direct provision of the law 1. Offender is a public officer
b. By popular election 2. He accepts gifts
c. By appointment by competent authority 3. Said gifts are offered to him by reason of his office

Knowingly rendering Unjust Judgment Corruption of Public Officers


1. Offender is a judge 1. Offender makes offers or promise
2. He renders judgment 2. Offers or promises are made or the gifts or presents are
3. Judgment is unjust given to a public officer under circumstances that will make
the public officer liable for direct bribery or indirect bribery
4. Judge knows that his judgment is unjust
Frauds and Illegal Exactions and Transactions
Judgment rendered through Negligence
Frauds against Public Treasury
1. Offender is a judge
1. Offender is a public officer
2. He renders judgment
2. He should have taken advantage of his office that is
3. Judgment is manifestly unjust
he intervened in the transaction in his official capacity
4. It is due to inexcusable negligence or ignorance
Illegal Exaction
Unjust Interlocutory Order
1. Offender is a collecting officer
1. Offender is a judge
2. He is entrusted with the collection of taxes, licenses, fees
2. He performs any of the following acts: and other imposts
a. knowingly renders unjust interlocutory orders 3. He collected an amount different from that required by
b. renders a manifestly unjust interlocutory order or law or he failed to voluntarily issue receipt
decree through inexcusable negligence or ignorance
9

Other Frauds
1. Offender is a public officer Infidelity of Public Officers
2. He takes advantage of his official position
3. He commits any of the frauds or deceits Conniving with or Consenting to Evasion
1. Offender is a public officer
Prohibited Transactions 2. He has in his custody or charge a prisoner either
1. Offender is an appointive public officer detention prisoner or prisoner by final judgment
2. He becomes interested, directly or indirectly in any 3. Such prisoner escaped from his custody
transaction of exchange or speculation 4. That he was in connivance with the prisoner in the
3. Transaction takes place within the territory subject latter’s escape
to his jurisdiction
4. He becomes interested in the transaction during his Evasion through Negligence
incumbency 1. Offender is public officer
2. He is charged with the conveyance or custody of a
Malversation by Appropriating , Misappropriating prisoner , either detention prisoner or prisoner by final
or Permitting any Other Person to take Public judgment
Funds or Property 3. Such prisoner escapes through his negligence
1. Appropriating public funds or property
2. Taking or misappropriating the same Escape of Prisoner under the custody of a person
3. Consenting or through abandonment or negligence not a public officer
permitting any other person to take such public funds 1. Offender is a private person
or property 2. Conveyance or custody of prisoner or person under
4. Being otherwise guilty of the misappropriation or arrest is confided to him
malversation of such funds or property 3. Prisoner or person under arrest escapes
4. Offender consents to the escape of the prisoner or
Failure of Accountable Officer to Render Accounts person under arrest or that the escape takes place
1. Offender is a public officer, whether in service or through his negligence
separated therefrom
2. He must be an accountable officer for public funds Removal, Concealment or Destruction of Document
or property 1. Offender is a public officer
3. He is required by law or regulation to render 2. He abstracts, destroys or conceals documents or
accounts to the Commission on Audit or to a Provincial papers
Auditor 3. Said documents or papers should have been entrusted
4. He fails to do so for a period of two months after to such public officer by reason of his office
such accounts should be rendered 4. Damage, whether serious or not, to a third party or to
the public interest should have been caused
Failure of a Responsible Public Officer to Render
Accounts Before Leaving the Country Officer Breaking Seal
1. Offender is a public officer 1. Offender is a public officer
2. He must be an accountable officer for public funds 2. He is in charged with the custody of papers or
or property property
3. He must have unlawfully left or be on point of 3. These papers or property are sealed by proper
leaving the Philippines without securing from the authority
Commission on Audit a certificate showing that his 4. He breaks the seals or permits them to be broken
accounts have been finally settled
Opening Closed Documents
Illegal Use of Public Funds or Property (Technical 1. Offender is a public officer
Malversation) 2. Any closed papers, documents, or objects are
1. Offender is a public officer entrusted to his custody
2. There is public fund or property under his 3. He opens or permits to be opened said closed papers,
administration documents or objects
3. Such public fund or property has been appropriated 4. He does not have proper authority
by law or ordinance
4. He applies the same to a public use other than that Revelation of Secrets by an Officer
for which such fund or property has been appropriated a. Revealing any secrets known to the public officer by
by law or ordinance reason of his official capacity
1. Offender is a public officer
Failure to Make Delivery of Public Funds or Property 2. He knows of a secret by reason of his official
1. Offender is a public officer who has government capacity
funds in his possession 3. He reveals such secret without authority or justifiable
2. He is under obligation to make payments from such reasons
funds 4. Damage is caused to public interest
3. He fails to make payment maliciously
10

b. Wrongfully delivering papers or copies of papers of Abandonment of Office or Position


which he may have charge and which should not be 1. Offender is holding a public office
punished 2. He formally resigns from his office
1. Offender is a public officer 3. His resignation has not yet been accepted
2. He has charge of papers 4. He abandons his office to the detriment of the public
3. Those papers should not be published service
4. He delivers those papers or copies thereof to third
person Usurpation of Legislative Powers
5. The delivery is wrongful 1. Offender is an executive or judicial officer
6. Damage is caused to public interest 2. a. He makes general rules and regulations beyond the
scope of his authority
Disobedience to the Order of a Superior Officer, b. attempts to repeal a law
when said order was suspended by inferior officer c. suspend the execution thereof
1. Offender is a public officer
2. An order is issued by his superior for execution Usurpation of Executive Functions
3. He has for any reason suspended the execution of 1. Offender is a judge
such order 2. Offender:
4. His superior disapproves the suspension of the a. assumes the power exclusively vested to executive
execution of order authorities of the government
5. Offender disobeys his superior despite the b. obstructs executive authorities from the lawful
disapproval of the suspension performance of their functions

Refusal of Assistance Usurpation of Judicial Functions


1. Offender is a public officer 1. Offender is holding an office under the Executive
2. Competent authority demands from the offender that Branch of the Government
he lends his cooperation towards the administration of 2. Offender:
justice or other public service a. assumes power exclusively vested to the Judiciary
3. Offender fails to do so maliciously b. obstructs the execution of any order or decision
given by a judge within his jurisdiction
Refusal to Discharge Elective Office
1. Offender is elected by popular election to a public Crimes against Persons
office Parricide
2. He refuses to be sworn in or to discharge the duties 1. A person is killed
of said office 2. Deceased is killed by the accused
3. There is no legal motive for such refusal to be sworn 3. Deceased is the:
in or to discharge the duties of said office a. legitimate/illegitimate father
b. legitimate/illegitimate mother
c. legitimate/illegitimate child
Maltreatment of Prisoners d. other legitimate ascendant
1. Offender is a public officer or employee e. other legitimate descendant
2. He has under his charge a prisoner or detention f. legitimate spouse
prisoner
3. He maltreats such prisoner Death or Physical Injuries Inflicted Under
Exceptional Circumstances
Anticipation of Duties of Public Office 1. A legally married person or a parent surprises his
1. Offender is entitled to hold a public office or spouse or daughter (under 18 and living with him) in
employment either by election or appointment the act of committing sexual intercourse
2. The law requires that he should first be sworn in 2. He or she kills any or both of them or inflicts upon
and/or should give a bond any or both of them any serious physical injury in the
3. He assumes the performance of duties and powers of act or immediately thereafter
such office 3. He has not promoted or facilitated the prostitution of
4. He has not taken his oath of office or given bond his wife or daughter or that he or she has not consented
required by law to the infidelity of the other spouse

Prolonging Performance of Duties and Powers Murder


1. Offender is holding a public office 1. A person was killed
2. Period allowed by law for him to exercise such 2. Accused killed him
function and duties has already expired 3. Killing was attended by any of the following
3. Offender continues to exercise such functions and circumstances:
duties a. with treachery, taking advantage of superior strength,
with the aid of armed men or employing means to
weaken the defense
11

b. in consideration of a price, reward or promise


Intentional Abortion
c. by means of inundation, fire, poison, explosion, 1. There is a pregnant woman
shipwreck, stranding on a vessel, derailment or assault 2. Violence is exerted or drugs or beverages
upon railroad, by motor vehicles or with use of any administered or that the accused otherwise acts upon
other means involving great waste and ruin such pregnant woman
3. As a result of the use of violence or drugs or
d. on occasion of any of the calamities beverages upon her, or any other act of the accused, the
(earthquake, eruption of volcano, epidemic or other fetus dies either in the womb or after having been
public calamity) expelled therefrom
4. Abortion is intended
e. with evident premeditation
Unintentional Abortion
f. with cruelty, by deliberately and inhumanly 1. There is a pregnant woman
augmenting the suffering of the victim or outraging or 2. Violence is used upon such pregnant woman without
scoffing at his person or corpse intending an abortion
3. Violence is intentionally exerted
Homicide 4. As a result of the violence exerted, the fetus dies
1. A person is killed either in the womb or after having been expelled
2. Accused killed him without any justifying circumstance therefrom
3. Accused had intention to kill (presumed)
4. Killing was not attended by any of the qualifying Abortion Practiced by the Woman Herself or by her
circumstances of murder, or by that of parricide or Parents
infanticide 1. There is a pregnant woman who has suffered abortion
2. Abortion is intended
Death Caused in a Tumultuous Affray 3. Abortion is caused by:
1. There be several or at least 4 persons a. pregnant woman herself
2. They did not compose groups organized for the b. any other person, with her consent
common purpose of assaulting and attacking each other c. any of her parents, with her consent for the purpose
reciprocally of concealing her dishonor
3. These several persons quarrelled and assaulted one
another in a confused and tumultuous manner Abortion Practiced by Physician or Midwife and
4. Someone was killed in the course of affray Dispensing of Abortives
5. It cannot be ascertained who actually killed the 1. There is a pregnant woman who has suffered
deceased abortion
6. Person or persons who inflicted serious physical 2. Abortion is intended
injuries or who used violence can be identified 3. Offender must be a physician or midwife who causes
or assists in causing the abortion
4. Said physician or midwife takes advantage of his or
Physical Injuries Inflicted in Tumultuous Affray her scientific knowledge or skill
1. There is tumultuous affray Physical Injuries
2. A participant or some participants suffer serious
physical injuries or physical injuries of a less serious Mutilation
only 1. intentionally mutilating another by depriving him,
3. Person responsible cannot be identified either totally or partially some essential organ for
4. All those who appear to have used violence upon the reproduction
person of the offended party are known
2. intentionally making other mutilation, by lopping or
Giving Assistance to Suicide clipping off of any part of the body of the offended
1. Assisting another to commit suicide, whether the party other than the essential organ for reproduction to
suicide is consummated or not deprive him of that part of his body
2. Lending assistance to another to commit suicide to
the extent of doing the killing himself Serious Physical Injuries
How Committed
Discharge of Firearm 1. Wounding
1. Offender discharges a firearm against another person 2. Beating
2. Offender has no intention to kill the person 3. Assaulting
4. Administering Injurious Substance
Infanticide
1. A child was killed Instances considered as Serious Physical Injuries
2. Deceased child was less than 3 days old or less than 1. When the injured person becomes insane, imbecile,
72 hours of age impotent or blind in consequence of the physical
3. Accused killed the said child injuries inflicted
12

2. When the injured person: a. By using force or intimidation


a. loses the use of speech or the power to hear or smell, b. When the woman is deprived of reason or otherwise
loses an eye, a hand, a foot, an arm or a leg unconscious or
b. loses the use of any such member c. By means of fraudulent machination or grave abuse
c. becomes incapacitated for the work in which he was of authority
therefore habitually engaged in consequence of the d. When the woman is under 12 years of age or
physically injuries inflicted demented
3. When the injured:
a. becomes deformed Statutory Rape
b. loses any other member of his body 1. Offender had carnal knowledge of the victim
c. loses the use thereof 2. Victim is below 12 years old
d. becomes ill or incapacitated for the performance of
the work in which he was habitually engaged for more Rape Shield Rule- character of a woman is immaterial
than 90 days in consequence of the physical injuries in rape
inflicted
4. When the injured person becomes ill or incapacitated Crimes against Personal Liberty and Security
for labor form more than 30 days (but must not be more
than 90 days) as a result of the physical injuries Kidnapping and Serious Illegal Detention
inflicted 1. Offender is a private individual
2. He kidnaps or detains another or in any other manner
Less Serious Physical Injuries deprives the latter of his liberty
Offended party is incapacitated for labor for 10 days or 3. Act of detention or kidnapping must be illegal
more but not more than 30 days or shall require medical 4. In the commission of the offense, any of the
attendance for the same period of time following circumstances is present:
a. Kidnapping or detention lasts for more than 3 days
b. It is committed simulating public authority
Slight Physical Injuries c. Any serious physical injuries are inflicted upon the person
1. Physical injuries which incapacitated the offended kidnapped or detained or threats to kill him are made
party for labor from 1 to 9 days or required medical d. The person kidnapped or detained is a minor, female
attendance during the same period or a public officer
2. Physical injuries which did not prevent the offended
party from engaging in his habitual work or which did Slight Illegal Detention
not require medical attendance 1. Offender is a private individual
3. Ill-treatment of another by deed without causing any 2. He kidnaps or detains another or in any other manner
injury deprives him of his liberty
3. Act of kidnapping or detention is illegal
4. Crime committed without circumstances of Serious
Rape Illegal Detention
a. Rape by a man who shall have carnal knowledge of
a woman Unlawful Arrest
1. Offender is a man 1. Offender arrests or detains another person
2. Offender had carnal knowledge of the woman 2. Purpose of the offender is to deliver him to the proper
3. Such act is accompanied under any of the following authorities
circumstances: 3. Arrest or detention is not authorized by law or there
a. through force, threat or intimidation is no reasonable ground thereof
b. when the offended party is deprived of reason or is
otherwise unconscious Kidnapping and Failure to Return a Minor
c. By means of fraudulent machination or grave abuse 1. Offender is entrusted with the custody of a minor
of authority person
d. When the offended party is under 12 years of age or 2. He deliberately fails to restore said minor to his
is demented even though none of the above parents or guardians
circumstances mentioned above be present
Inducing a Minor to Abandon His Home
b. Rape by Sexual Assault 1. A minor is living in the home of his parents or
1. Offender commits an act of sexual assault guardian or the person entrusted with his custody
2.The act of sexual assault is committed by any of the 2. Offender induces said minor to abandon such home
following means:
a. By inserting his penis into another person’s mouth or Slavery
anal orifice 1. Offender purchases, sells, kidnaps or detains a
b. By inserting any instrument or object into genital or human being
anal orifice of another person 2. Purpose of the offender is to enslave such human
3. The act of sexual assault is accomplished under any being
of the following circumstances:
13

Exploitation of Child Labor 4. Purpose of the offender is to apply the same to the
1. Offender retains a minor in his service payment of debt
2. It is against the will of the minor
3. It is under the pretext of reimbursing himself of a
debt incurred by an ascendant, guardian or person Crimes against Property
entrusted with the custody of such minor
Robbery
1. There is personal property belonging to another
Services Rendered Under Compulsion in Payment 2. There is unlawful taking of that property
of Debt 3. Taking must be with intent to gain
1. Offender compels a debtor to work for him either as 4. There is violence or intimidation of any person or
household servant or farm labourer force upon things
2. It is against the debtor’s will
3. The purpose is to require or enforce the payment of
a debt Execution of Deeds by Means of Violence or
Intimidation
Trespass to Dwelling 1. Offender has intent to defraud another
1. Offender is a private person 2. Offender compels him to sign, execute or deliver any
2. He enters the dwelling of another public instrument or document
3. Such entrance is against the latter’s will 3. Compulsion is by means of violence or intimidation

Other Forms of Trespass to Dwelling


1. Offender enters the closed premises or the fenced Brigandage
estate of another 1. There be at least 4 armed malefactors
2. Entrance is made while either of them is uninhabited 2. They formed band of robbers
3. Prohibition to enter is manifest 3. Purpose is any of the following:
4. Trespasser has not secured the permission of the a. to commit robbery in highway
owner or the caretaker thereof b. to kidnap persons for the purpose of extortion or to
obtain ransom
Grave Threats c. to attain by means of force and violence
1. Threatening another with the infliction upon his
person, honor or property or that of his family of any
wrong amounting to a crime and demanding money or Theft
imposing any other condition even though not unlawful 1. There is personal property
and the offender attained his purpose 2. Property taken belongs to another
2. By making such threat without the offender attaining 3. Taking was done with intent to gain
his purpose 4. Taking was done without the consent of the owner

Qualified Theft
Light Threats 1. If theft is committed by a domestic servant
1. Offender makes a threat to commit a wrong 2. If theft is committed with grave abuse of confidence
2. Wrong does not constitute a crime 3. If the property stolen is a motor vehicle, mail matter
3. There is demand for money or that other condition is or large cattle
imposed even though lawful 4. If the property stolen consist coconuts taken from the
4. Offender has attained or has not attained his purpose premises of a plantation
5. If the property stolen is fish taken from fishpond or
fishery
Grave Coercion 6. If property is taken on occasion of fire, earthquake,
1. A person prevented another from doing something typhoon, volcanic eruption or any other calamity,
not prohibited by law or that he compelled him to do vehicular accident or civil disturbance
something against his will, be it right or wrong
2. Prevention or compulsion be effected by violence, Occupation of Real Property or Usurpation of Real
threats or intimidation Rights in Property
3. Person that restrained the will and liberty of another 1. Offender takes possession of any real property or
has no authority of law or the right to do so usurps any real rights in property
2. Real property or rights belongs to another
Light Coercion 3. Violence against or intimidation of persons is used
1. Offender must be a creditor by the offender in occupying real property
2. He seizes anything belonging to his debtor 4. There is intent to gain
3. Seizure of the thing be accomplished by means of Altering Boundaries or Landmarks
violence or a display of material force producing 1. There are boundary marks or monuments of towns,
intimidation provinces or estates or any other marks intended to
designate the boundaries of the same
14

2. Offender alters said boundary marks 4. It is committed by means of deceit

Estafa (Swindling) Forcible Abduction


1. Accused defrauded another by abuse of confidence 1. Person abducted is any woman, regardless of her age,
or by means of deceit civil status or reputation
a. with unfaithfulness or abuse of confidence 2. Abduction is against her will
b. by means of false pretenses or fraudulent avts 3. Abduction is with lewd designs
c. through fraudulent means
2. Damage or prejudice capable of pecuniary Consented Abduction
estimation is caused to the offended party or third 1. Offended party must be a virgin
person 2. She must be over 12 and under 18 years of age
3. Taking away of the offended party must be with her
Malicious Mischief consent after solicitation or cajolery from the offender
1. Offender deliberately caused damage to the property 4. Taking away of the offended party must be with lewd
of another designs
2. Such act does not constitute arson or other crimes
involving destruction Crimes against Civil Status
3. Act of damaging another’s property be committed
merely for the sake of damaging it Simulation of Births
-takes place when the woman pretends to be pregnant
Crimes against Chastity when in fact she is not and on the day of the supposed
delivery, takes the child of another as her own
Adultery
1. To convict a woman for adultery Substitution of One Child for Another
a. She is a married woman -placing a live child of a woman in place of a dead one
b. That she unites in sexual intercourse with a man not of another woman
her husband
Concealing or Abandoning any legitimate child with
2. To convict a man for adultery intent to cause such child to lose its civil status
a. He had actual intercourse with a married woman 1. Child must be legitimate
b. That he commits the act with the knowledge that said 2. Offender conceals or abandons such child
woman is married 3. Offender has the intent to cause the child to lose its civil status

Bigamy
Concubinage 1. Offender has been legally married
1. Man must be married 2. That the marriage has not been legally dissolved
2. He committed any of the following acts: 3. That he contracts second or subsequent marriage
a. Keeping a mistress in the conjugal dwelling
b. Having sexual intercourse under scandalous Performance of Illegal Marriage Ceremony
circumstances with a woman who is not his wife -punishes priests or ministers of any religious
c. cohabiting with her in any other place denomination or sect or civil authorities who shall
3. As regards the woman, she must know him to be perform or authorize any illegal marriage ceremony
married
Crimes against Honor
Acts of Lasciviousness
1. Offender commits any acts of lasciviousness or Libel
lewdness 1. There must be an imputation of crime or of a vice,
2. Acts of lasciviousness is committed against a person defect, real or imaginary or any act, omission,
of either sex condition, status or circumstance
2. Imputation must be made publicly
Qualified Seduction 3. It must be malicious
1. Offended party is a virgin which is presumed if she 4. It must be directed at a natural or juridical person or
is unmarried and of good reputation one who is dead
2. She is over 12 and under 18 years of age
3. Offender has sexual intercourse with her Libel maybe committed by:
4. There is abuse of authority, confidence or 1. Writing 5. Radio 9. Cinematographic
relationship on the part of the offender 2. Printing 6. Phonograph exhibition
3. Lithography 7. Painting 10. Any similar means
4. Engraving 8. Theatrical exhibition
Slander (Oral Defamation)
Simple Seduction
1. Offended party is over 12 but under 18 years of age
-libel committed by oral means
2. She must be of good reputation, single or widow
3. Offender has sexual intercourse with her
15

RA 7610 (Special Protection of Children against


Slander by Deed Child Abuse, Exploitation and Discrimination
-committed by performing any act which casts Act)
dishonour, discredit or contempt upon another Children refer to persons below 18 of age or those
person over but are unable to fully take care of themselves
or protect themselves from abuse, neglect, cruelty,
Incriminating Innocent Person exploitation or discrimination because of a physical
1. Offender performs an act or mental disability or condition
2. By such act he directly incriminates or imputes to
an innocent person the commission of a crime Child abuse refers to maltreatment whether habitual
or not of the child

Criminal Negligence PD 1612 (Anti Fencing Law)


Fencing is the act of any person who, with intent to
Imprudence- deficiency of action gain for himself or for another shall buy, receive,
possess, keep, acquire, conceal, sell or dispose of, or
Negligence- deficiency of perception shall buy and sell or in any other manner deal in any
article, item, object or anything of value which he
SPECIAL LAWS knows or should be known to him, to have been
derived from the proceeds of the crime of robbery
RA 9165 (Comprehensive Dangerous Drugs Act and theft
of 2002)
Sec 5- Sale, Trading, Administration, Dispensation, B.P. 22 (Bouncing Checks Law)
Delivery, Distribution and Transportation of Bouncing check- a check is considered a bouncing
Dangerous Drugs check when upon its presentment for payment, it is
Sec 6- Maintenance of a Den, Dive or Resort dishonoured for insufficiency of funds or when the
Sec 11- Possession of Dangerous Drugs account of the drawer is already closed
Sec 15- Use of Dangerous Drugs
RA 6539 (Anti-Carnapping Act of 1972)
PD 1602- Anti Gambling Act Carnapping is the taking, with intent to gain, of a
-spectators are not liable; motor vehicle belonging to another without the
-possession of any gambling paraphernalia and other latter’s consent or by means of violence against or
materials used in the illegal numbers game operation intimidation of person or by using force upon things
shall be deemed prima facie evidence of gambling
PD 1613 (Anti Arson Law)
RA 7080- Anti Plunder Act Punishable acts
Plunder- crime committed by a public officer by 1. Burning or setting fire to the property of another
himself or in connivance with members if his family, 2. Setting fire to his own property under
relatives by affinity or consanguinity, business circumstances which expose to danger the life or
associates, subordinates or other persons amassing, property of another
accumulating or acquiring ill-gotten wealth through
a combination or series of overt acts in the aggregate RA 9995 (Anti-Photo and Video Voyeurism Act of
amount or total value of at least 50 million 2009)
Punishable Acts
RA 9262- Anti Violence Against Women and their 1. To take photo or video coverage of a person or
Children Act of 2004 group of persons performing sexual act or any similar
Acts included in the term violence activity or to capture an image of the private area of
a. Physical violence-acts that include bodily or a person without the consent of the person involved
physical harm 2. To copy or reproduced such video or photo
b. Sexual violence- act which is sexual in nature, 3. To sell or distribute such photo or video whether
committed against the woman or her child it be in original copy or reproduction thereof
c. Psychological violence- acts or omissions causing 4. To publish or broadcast whether in print or
or likely to cause mental or emotional suffering to the broadcast media.
victim
d. Economic abuse- acts that make or attempt to
make a woman financially dependent -00oo00-

You might also like