Professional Documents
Culture Documents
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
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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
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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
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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
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
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
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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
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
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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
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