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QUASI-OFFENSES
Article 365. imprudence and negligence
punishable acts under Article 365 of the RPC
a. Committing through reckless imprudence
any act which, had it been intentional, would
constitute a grave or less grave felony or
light felony (Par. 1 );
b. Committing through simple imprudence or
negligence an act which would otherwise
constitute a grave or less serious felony
(Par. 2);
c. Causing damage to the property of another
through reckless imprudence or simple
imprudence or negligence (Par. 3); and
d. Causing through simple imprudence or
negligence some wrong which, if done
maliciously, would have constituted a light
felony (Par. 4).
salient points that distinguish imprudence from
negligence
a. As to effect;
b. As to nature;
c. As to exemption from liability.
reckless imprudence
It consists in voluntarily but without malice, doing
or failing to do an act from which material damage
results by reason of inexcusable lack of precaution
on the part of the person performing or failing to
perform such act, taking into consideration his
employment or occupation, degree of intelligence,
physical condition and other circumstances
regarding persons, time, and place.
simple imprudence
It consists in the lack of precaution displayed in
those cases in which the damage impending to be
caused is not immediate or the danger is not
clearly manifest.
CRIMES AGAINST HONOR
ARTICLE 353. LIBEL
A libel is a public and malicious imputation of a
crime, or of a vice or defect, real or imaginary, or
any act, omission, condition, status, or
circumstance tending to cause the dishonor,
discredit, or contempt of a natural or juridical
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person, or to blacken the memory of one who is
dead.
ELEMENTS OF LIBEL
1. Allegation of a discreditable act or
condition concerning another (i.e.,
imputation of a crime, or a vice or defect, real
or imaginary, or any act, omission, condition,
status or circumstance, which tend to cause
dishonor, discredit, or contempt over another
person)
2. publication of the charge;
3. identity of the person defamed (i.e., a
natural person or juridical person, or one who
is dead);
4. existence of malice.
How should defamatory words in a publication be
construed?
In determining whether a statement is defamatory, the
words used are to be construed in their entirety or
as a whole and should be taken in their plain,
natural, and ordinary meaning (verbal legis) as they
would naturally be understood by persons reading
them, unless it appears that they were used and
understood in another sense. (Manila Bulletin vs.
Domingo)
Additional exemption for Article 354
In view of the constitutional right on the freedoms of
speech and of the press, fair commentaries on
matters of public interest are privileged. (Manila
Bulletin vs. Domingo)
How is the element of publication satisfied?
Wherein the malicious defamation having been
enclosed in a sealed envelope and sent by special
messenger to the plaintiff by the defendant, it was held
that no libel had been committed, since the letter
was not published. (People of the Philippines v.
Ernesto Silvela)
How is the element of identification or identifiability
established?
It is essential that the victim be identifiable, although it
is not necessary that the person be named. It is
enough if by intrinsic reference the allusion is
apparent or if the publication contains matters of
description or reference to facts and
circumstances from which others reading the article
may know the person alluded to, or if the latter is

pointed out by extraneous circumstances so that
those knowing such person could and did
understand that he was the person referred to.
(Diaz v. People)
two types of malice
1. Malice in fact - is a positive desire and an
intention to annoy and injure. It may denote
that the defendant was actuated by ill will or
personal spite. It is also called express
malice, actual malice, real malice, true
malice, or particular malice.
2. Malice in law - is a presumption of law. It
dispenses with the proof of malice when
words that raise the presumption are shown to
have been uttered. It is also known as
constructive malice, legal malice, or
implied malice.
NOTE: When the communication is privileged,
malice is not presumed from the defamatory words.
Malice (in fact) must be proved.
When a defamatory statement is published, malice
is presumed.
To properly overcome the presumption of malice,
the following must be proved by the accused before
the court:
a. The defamatory imputation is true, in case
the law allows proof of the truth of the
imputation; or
b. It is published with good intentions; or
c. There is justifiable motive for making it.
when is an alleged defamatory imputation not
presumed to be malicious
Qualified Privileged Statements – a private
communication made by any person to another in the
performance of any legal, moral or social duty
• That the person who made the communication
had a legal, moral or social duty to make the
communication, or, at least, he had an interest
to be upheld;
• That the communication is addressed to an
officer or a board, or superior, having some
interest or duty in the matter; and
• That the statements in the communication are
made in good faith without malice (in fact).
Qualified Privileged Statements – a fair and true
report, made in good faith without any comments or
remarks, of any judicial, legislative, or other official
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proceedings which are not of confidential nature or of
any statement, report, or speech delivered in said
proceedings, or of any other act performed by public
officers in the exercise of their functions
•
Defenses in Libel
• That it is fair and true report of a judicial,
legislative, or other official proceedings which
are not of a confidential nature, or of a
statement, report or speech delivered in said
proceedings, or of any other act performed by
a public officer in the exercise of his functions;
• That it is made in good faith; and
• That it is made without any comments or
remarks. There is justifiable motive.
persons liable for defamatory publications
1. The person who publishes, exhibits or
causes the publication or exhibition of any
defamation in writing or similar means;
2. The author or editor of a book or pamphlet;
3. The editor or business manager of a daily
newspaper magazine or serial publication;
and
4. The owner of the printing plant which
publishes a libelous article with his consent
and all other persons who in any way
participate in or have connection with its
publication
Can the court impose the penalty of a fine instead of
imprisonment?
Yes, in several cases presented in Administrative
Circular No. 08-2008, the Court opted to impose
only a fine on the persons convicted of the crime of
libel.
NOTE: The foregoing rule of preference set by the
Supreme Court and the following principles should be
bear in mind:
1. It does not remove imprisonment as an
alternative penalty.
2. Judges concerned may determine whether
the imposition of a fine alone would best
serve the interests of people involved or it
would be contrary to the imperative of
justice.
3. Should the accused be unable to pay the
fine, there is no legal obstacle to the
application of the Revised Penal
Code provision on subsidiary imprisonment.
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Is there frustrated or attempted defamation? where he actually resided at the time of the
commission of the offense
No. 3. If the offended party is a public officer whose
office is in Manila at the time of the
Republic Act No. 10175 commission of the offense, the action may be
filed in the Court of First Instance of Manila
Also known as the “Cybercrime Prevention Act of 4. If the offended party is a public officer
2012” and its Implementing Rules and Regulations” holding office outside of Manila, the action
(“Cyber-libel” or “Internet Libel”) may be filed in the Court of First Instance of
the province or city where he held office at
the time of the commission of the offense.
How is the crime of libel committed? (Agbayani v. Sayo – DISMISSED since PO)
a. Writing,
b. Printing,
venue of cyber-libel cases
c. Phonograph, To credit Gimenez’s premise of equating his first
d. Painting, access to the defamatory article on petitioners’ website
e. Engraving, in Makati with "printing and first publication" would
f. Theatrical exhibition, spawn the very ills that the amendment to Article 360
g. Lithography, of the RPC sought to discourage and prevent.
h. Cinematographic exhibition or
i. Any similar means. For the Court to hold that the Amended Information
sufficiently vested jurisdiction in the courts of
Do defamatory statements made and uttered in Makati simply because the defamatory article was
broadcast media constitute libel? accessed therein would open the floodgates to the
libel suit being filed in all other locations where the
A person can commit libel by means of printing, pepcoalition website is likewise accessed or capable
writing, engraving, theatrical exhibition, lithography of being accessed.
and others. (Art. 355, RPC). Oral defamation is also
There is no convincing reason to resort to such a
referred to as slander according to Art. 358, RPC.
radical action. These limitations imposed on libel
When defamation is made in a television, it is also
actions filed by private persons are hardly onerous,
considered libel.
especially as they still allow such persons to file the
How is the crime of cyber-libel committed? civil or criminal complaint in their respective places of
residence, in which situation there is no need to
Republic Act No. 10175 | Official Gazette of the embark on a quest to determine with precision where
Republic of the Philippines the libelous matter was printed and first published.

(Bonifacio vs. RTC of Makati – petition GRANTED;

KEYWORDS: Through a computer system or any
criminal case DISMISSED)
other similar means which may be devised in the
future.
Slander/Oral Defamation and Slander by Deed
What court has jurisdiction over libel cases? Where is
the venue of libel cases? Two kinds of slander
According to Article 360 of the RPC: 1. Simple slander; and
1. Whether the offended party is a public official 2. Grave slander, when it is of a serious and
or a private person, the criminal action may be insulting nature
filed in the Court of First Instance (RTC) of
the province or city where the libelous
Elements of oral defamation
article is printed and first published 1. there must be an imputation of a crime, or of a
2. If the offended party is a private individual, vice or defect, real or imaginary, or any act,
the criminal action may also be filed in the omission, status or circumstances;
Court of First Instance of the province 2. made orally;

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3. publicly;
4. and maliciously;
5. directed to a natural or juridical person, or one
who is dead;
6. which tends to cause dishonor, discredit or
contempt of the person defamed.

R.A. 1477
"SECTION 1. Without prejudice to his liability under
the civil and criminal laws, the publisher, editor,
columnist or duly accredited reporter of any
newspaper, magazine or periodical of general
circulation cannot be compelled to reveal the
source of any news report or information appearing in
said publication which was related in confidence to
such publisher, editor or reporter unless the court or a
House or committee of Congress finds that such
revelation is demanded by the security of the State."

--

If done during heated arguments, simple slander.

Victim must not be afforded with opportunity to

retaliate.

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Abuse of Superior Strength
To appreciate the qualifying circumstance of
abuse of superior strength, what elements must be
established by the prosecution?
1. That there is a notorious inequality of
forces between the victim and the aggressor;
and
2. That the aggressor purposely used
excessive force out of proportion to the
means of the defense available to the
person attacked
Case: People v. Ruelan
• Fordito Ruelan (accused)
• Rosa Jardiel (victim)
• Ruelan pleaded not guilty
• Sps. Jardiel hired Ruelan as store helper (rice
deliver)
• Open store – told him to bring an axe – dog
got loose – scolded him – got fed up – struck
Rosa behind her right ear
• Where the conviction of an accused is based
on circumstantial evidence, it is essential for
the validity of suchconviction that: (a) there be
more than one circumstance; (b) the facts
from which the inferences are derived
areproven; and (c) the combination of all the
circumstances is such as to produce a
conviction beyond reasonable doubt.
• In the instant case, the appellant clearly took
advantage of his superior strength as the
victim was ansuperiorelderly woman, 76 years
old, frail and of small build while the appellant
was then only 20 years old, of good
statureand build and was armed with an axe
with which to kill the victim.
• A qualifying circumstance like abuse of
superior strength must be pleaded in the
information for if it is not pleaded but proved, it
shall only be considered as a generic
aggravating circumstance in the imposition of
the correctpenalty.
Is abuse of superior strength present when the
offender uses a weapon against the offended
party?
Abuse of superior strength is present not only when
the offenders enjoy numerical superiority, or there is a
notorious inequality of forces between the victim and
the aggressor, but also when the offender uses a
powerful weapon which is out of proportion to the
defense available to the offended party. The accused
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was armed with a powerful pistol which he purposely
used, gaining him an advantage over his victim who
only had a piece of plywood to cover himself after he
was disarmed. (People v. Padilla)
Does mere superiority in numbers indicate the
presence of abuse of superior strength? How
about the victim’s possibly weaker physical
constitution?
The presence of two assailants, one of them armed
with a knife, is not per se indicative of abuse of
superior strength. Mere superiority in numbers does
not indicate the presence of this circumstance. Nor
can the circumstance be inferred solely from the
victim’s possibly weaker physical constitution. In fact,
what the evidence shows in this case is a victim who is
taller than the assailants and who was even able to
deliver retaliatory fist blows against the knife-wielder.
(Valenzuela vs. People)
Aid of Armed Men or Means to Ensure Impunity
To appreciate the qualifying circumstance of aid of
armed men, what elements must be established by
the prosecution?
1. That at least two (2) armed men or women
took part – in a minor capacity - in the
commission of the crime, directly or
indirectly; and
2. That the accused availed himself or herself
of their aid or relied upon them when the
crime was committed.
Price, Reward or Promise
NOTE: There must be two or more principals, the
one who gave or offered the price or promise and
the one who accepted it, both of whom are principals.
(Read People v. Alincastre, G.R. No. L-29891, August
30, 1971)
QUERY: Should the price, reward or promise consist
of or refer to material things? Should the same be
actually delivered?
QUERY: Assuming that no promise was given
beforehand - and that the price, reward or promise
was given voluntarily after the crime had been
committed as an expression of appreciation for the
sympathy and aid shown by the other accused – can
the same still be treated as an aggravating
circumstance?
QUERY: X was offered money by Y to kill Z. X
accepted the money. Unknown to Y, X had ill motive to

kill Z to begin with. If Z was then killed by X, is the
killing deemed to be in consideration of a price, reward
or promise? Explain.
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(Read Article 320 of the RPC, as amended by RA
7659 and PD 1613, also known as the Law on Arson)
(Read also Section 2695 of the Revised Admin Code
2711 and Article 309 of the Civil Code)

By Means of Inundation, Fire, Poison, Explosion,
Shipwreck. Stranding of a Vessel or Derailment or
Assault Upon a Railroad, Fall of an Airship, By Means of
Motor Vehicles, or With the Use of Any Other
QUERY: In the use of a motor vehicle, will the crime
still be qualified to murder if the offender runs over a
traffic officer while in the performance of duties with
the intent of killing him or her? If done without any
intent of killing of him or her?

MeansMeans Involving Great Waste and Ruin (Recall discussion on complex crimes under Article 48
of the RPC)
NOTE: Jurisprudence states that if the killing is
committed by any of these means, the crime is (Read Article 148 in relation to Article 248 of the RPC)
qualified to murder. This, however, presupposes
that the main object of the offender is to kill the
victim in the first place.

NOTE: “Fire,” “explosion,” and “derailment of

locomotive” may be part of the definition of a
particular crime, such as Arson, Crime Involving
Destruction, and Damages and Obstruction to Means
of Communication. In these instances, they do not
serve to increase the penalty because they are
already included by the law in defining the crimes.

In the use of fire, will the crime still be qualified to

murder if the main goal of the offender is to kill the
victim and in fact the offender has already done so
and arson is only done to cover up the killing?
What crime/s are committed?

If the objective of the offender is to kill and arson is

resorted to as the means to accomplish the crime,
the offender can be charged with murder only. But if
the objective is to kill—and in fact the offender has
already done so—and arson is resorted to as a
means to cover up the killing, the offender may be
convicted of two separate crimes of either homicide
or murder, and arson. (People v. Rasonable et al.)

If the main goal of the offender is to kill the victim and

in fact the offender has already done so and the use of
fire is only done to burn the corpse of the victim, what
crime/s are committed?

If the main goal of the offender is to burn a certain

building and in fact the offender has already done so
but the occupants therein consequently died, what
crime/s are committed?

(Recall discussion on complex crimes under Article 48

of the RPC)

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XYZ convened – sleeping A old man, failing eye sight
and hearing, easy money – Y lookout, Z driver – went
to house of A – X knife slit the throat of A, stole
valuables – Y shadowy figure, B yaya was there, Y
covered mouth – X stabbed B – went off

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People v. adalia
Facts: The case involves the defendant, Giralyn P.
Adalia, who was accused of killing her newborn child
and throwing the body into the Arabe Creek.
Adalia persistently denied being the mother of the child
and even went as far as stealing and hiding the child's
remains from the grave to prevent a DNA test from
being conducted.
The prosecution presented witnesses who testified to
seeing Adalia's pregnant belly, her inculpatory actions
before and after giving birth, and her and her mother's
statements regarding her pregnancy and the birth of
the child.
The defense argued that the initial conclusion of a
doctor, who stated that Adalia was not pregnant,
should be considered. However, it was revealed that
Adalia had misled the doctor about her last menstrual
cycle, and upon further examination, the doctor
concluded that Adalia had indeed given birth to a child.
Two of Adalia's neighbors also testified to hearing a
baby crying from her shanty and seeing her and her
mother with bloodied rags. The trial court found the
testimonies of the prosecution witnesses credible, and
Adalia was convicted of infanticide.
Issue: WON Adalia is guilty of infanticide for killing her
newborn child.
Ruling: The court affirmed the verdict of conviction
against Adalia. She was found guilty of infanticide
under Article 255 of the Revised Penal Code and was
sentenced to reclusion perpetua. The court also
ordered her to pay civil indemnity, moral damages,
exemplary damages, and temperate damages to the
child's qualified heirs.
The court based its decision on the testimonies of the
prosecution witnesses, who observed Adalia's
pregnant belly, her actions before and after giving
birth, and her and her mother's statements regarding
her pregnancy and the birth of the child. The court
emphasized that the trial court's factual findings,
especially when affirmed by the appellate court, are
entitled to great respect and should not be disturbed
on appeal unless substantial facts were overlooked.
The court also noted that inconsistencies or
contradictions in the testimony of the victim do not
affect the veracity of the testimony if they do not
pertain to material points. In this case, the trial court's
findings were not shown to have overlooked or
misapplied any facts or circumstances that could have
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altered the outcome of the case. Therefore, the court
upheld the conviction of Adalia for infanticide.
People v. salufrania
Facts: The case involves the defendant, Filomeno
Salufrania, who was charged with the complex crime
of parricide with intentional abortion. The incident
occurred on December 3, 1974, in Tigbinan, Labo,
Camarines Norte, Philippines.
The defendant was accused of attacking and
assaulting his wife, Marciana Abuyo-Salufrania, by
boxing and strangling her, causing her death.
Additionally, it was alleged that the defendant
intentionally caused the death of their unborn child,
who was 8 months in the womb at the time.
During the trial, the prosecution presented several
witnesses, including Dr. Juan L. Dyquiangco Jr., who
conducted the post-mortem examination on the
victim's body. Dr. Dyquiangco testified about the
injuries sustained by the victim, including multiple
abrasions, abrasions on the leg and face, a swollen
eyelid, and a protruding tongue. He also confirmed
that the victim was pregnant with a baby boy.
The prosecution also called Pedro Salufrania, the son
of the defendant and the victim, as a witness. Before
testifying, Pedro was carefully examined to determine
his competency and whether he was compelled or
threatened to testify against his father. The court found
him to be intelligent and determined. Pedro testified
that he witnessed his father boxing and strangling his
mother, causing her death. He also stated that his
father threatened to kill him and his siblings if he
revealed the true cause of his mother's death.
The defense presented witnesses who testified about
the defendant's character and relationship with his
wife. However, the court found the testimonies of the
prosecution witnesses, particularly Pedro Salufrania,
to be credible and consistent. The court also noted
that the alleged inconsistencies and improbabilities in
Pedro's testimony were satisfactorily explained and did
not affect his credibility.
The court ruled that the defendant was guilty beyond
reasonable doubt of the complex crime of parricide
with intentional abortion. The court sentenced the
defendant to death and ordered him to indemnify the
heirs of the deceased in the amount of P12,000. The
court also commended the defense counsel for his
exemplary service and recommended compensation
for him.
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Issue: WON Filomeno should be charged with
parricide with intentional abortion.

Ruling:

The court found Filomeno Salufrania guilty of the

crimes charged and sentenced him to death.

Ratio:

The trial court determined Pedro Salufrania's

competency before allowing him to testify. Pedro's
responsiveness to questions and his understanding of
the meaning of an oath demonstrated his competence.

The alleged inconsistencies in Pedro's testimony were

explained as misapprehensions or confusion caused
by the wording of the questions. These inconsistencies
did not significantly affect Pedro's credibility.

It was possible for Pedro to have witnessed the killing

of his mother, as he was in close proximity to the
events and the room was dimly lit. His reaction of
closing his eyes and pretending to sleep during the
attack was a normal response to a shocking situation.

The prosecution's failure to present Alex as a witness

does not automatically imply that his testimony would
be adverse to their case. The absence of Alex's
testimony does not weaken the credibility of Pedro's
testimony.

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Can an accused be convicted with rape under
Article 266-A of the Revised Penal Code and
sexual abuse under Section 5(b) of Republic Act
No. 7610 at the same time?
Yes, an accused be convicted with rape under Article
266-A of the Revised Penal Code and sexual abuse
under Section 5(b) of Republic Act No. 7610 at the
same time.
A single act may give rise to multiple offenses. Thus,
charging an accused with rape, under the Revised
Penal Code, and with sexual abuse, under Republic
Act No. 7610, in case the offended party is a child 12
years old and above, will not violate the right of the
accused against double jeopardy. (People v. Udang)
What is the “Maria Clara” doctrine in rape cases?
Women, especially Filipinos, would not admit that they
have been abused unless that abuse had actually
happened. This is due to their natural instinct to
protect their honor. We cannot believe that the
offended party would have positively stated that
intercourse took place unless it did actually take place.
(People v. Amarela & Racho)
Deprived of Reason or Otherwise Unconscious
NOTE: The deprivation of reason need not be
complete. Mental abnormality or deficiency is
enough. Cohabitation with a feebleminded, idiotic
woman is rape. Sexual intercourse with an insane
woman was considered rape. But a deafmute is not
necessarily deprived of reason. These
circumstances must be proven. Intercourse with a
deafmute is not rape of a woman deprived of reason,
in the absence of proof that she is an imbecile.
Viada says that the rape under par. 2 may be
committed when the offended woman is deprived
of reason due to any cause such as when she is
asleep, or due to lethargy produced by sickness or
narcotics administered to her by the accused.
NOTE: Where consent is induced by the
administration of drugs or liquor, which incites the
victim’s passions but does not deprive her of her
will power, the accused is not guilty of rape.
NOTE: In case the offender knows that the victim is
demented, qualified rape is committed.
X has carnal knowledge of Y, who is 18 years old
but has a mental age of 7. Did X commit simple or
statutory rape?
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X committed statutory rape. The case of People v.
Deniega, being the latest jurisprudence, prevails in this
case.
The gravamen of the offense of statutory rape under
the said provision is the carnal knowledge of a woman
below 12 years old. To convict an accused of the crime
of statutory rape, the prosecution must prove: first, the
age of the victim; second, the identity of the accused;
and last but not the least, the carnal knowledge
between the accused and the victim.
In this case, it is not disputed that AAA was already 22
years old when she was raped albeit she has a mental
age of 4-5 years old.
It should, however, no longer be debatable that rape of
a mental retardate falls under paragraph 1 (b), not
Section 1 (d), of the said provision as the same,
precisely, refers to a rape of a female "deprived of
reason." (People v. Baay, June 7 2017)
A person with a chronological age of 7 years and a
normal mental age is as capable of making
decisions and giving consent as a person with a
chronological age of 35 and a mental age of 7.
Both are considered incapable of giving rational
consent because both are not yet considered to
have reached the level of maturity that gives them
the capability to make rational decisions,
especially on matters involving sexuality.
Decision-making is a function of the mind. Hence,
a person's capacity to decide whether to give
consent or to express resistance to an adult
activity is determined not by his or her
chronological age but by his or her mental age.
Therefore, in determining whether a person is
"twelve (12) years of age" under Article 266-
A(1)(d),the interpretation should be in accordance
with either the chronological age of the child if he
or she is not suffering from intellectual disability,
or the mental age if intellectual disability is
established. (People v. Deniega, June 28, 2017)
Fraudulent Machinations
X, a young girl 17 years of age, became enamored
with their boarder, Y, who was already a college
student. X agreed to submit herself to Y after they
get married. Y then got a person to pose as a
priest to marry them. After the fake marriage, x
submitted herself to Y. Did Y commit any crime/s?
Discuss.
Y committed simple rape because X only agreed to
submit herself after getting married and Y lied to her
by getting a person to pose as a priest that they are

indeed married even though they are not and the
marriage is fake. Hence, the consent of X to submit
herself could be considered as vitiated consent.
Statutory Rape
Is proof of force, threat or intimidation, or consent
of the offended party necessary to prove the crime
of statutory rape? Explain.
No, proof of force, threat, or intimidation, or consent of
the offended party is unnecessary as these are not
elements of Statutory Rape, considering that the
absence of free consent is conclusively presumed
when the victim is below the age of twelve. (People v.
De Guzman)
NOTE: Section 5(B), Article III of RA 7610 defines
and penalizes the offense of sexual abuse of a minor
child under 18 years of age, who (a) is subjected to
prostitution or (b) subjected to “other sexual
abuse” by indulging in lascivious conduct under
coercion or influence of any adult.
Case law, however, states that if the victim of sexual
abuse is below 16 years of age, the offender should
not be prosecuted under the aforesaid provision of
RA 7610 but for statutory rape under Art. 266-A(1
)(d) of the RPC with the penalty of reclusion perpetua.
Meanwhile, if the victim is 16 years or older, the
offender should be charged with either sexual
abuse under Sec. 5(b) of 7610 or rape under 266-A
(except Par. 1(d)) of the RPC. In this instance,
offender cannot be charged and convicted of both
crimes, since the same will violate his or her right
against double jeopardy (People v. Abay, G.R. No.
177752, February 24, 2009).
Sexual Assault
Case law states the slightest contact with the outer
lip or the labia majora of the vagina already
consummates the crime of rape. Does this mean
that the crime of rape by sexual assault is
consummated if the accused’s tongue, in an act of
cunnilingus, touches the vagina’s outer lip of the
victim? If there is a mere brush or graze of the
sexual organ’s surface?
In the crime of rape whereby the slightest penetration
of the male organ or even its slightest contact with the
outer lip or the labia majora of the vagina already
consummates the crime, in like manner, if the tongue,
in an act of cunnilingus, touches the outer lip of the
vagina, the act should also be considered as already
consummating the crime of rape through sexual
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assault (People v. Bonaagua, G.R. No. 188897, June
6 2011)
Touching when applied to rape cases does not simply
mean mere epidermal contact, stroking or grazing of
organs, a slight brush or a scrape of the penis on the
external layer of the victim's vagina, or the mons
pubis, as in this case. There must be sufficient and
convincing proof that the penis
indeed touched the labias or slid into the female organ,
and not merely stroked the external surface
thereof, for an accused to be convicted of
consummated rape. Jurisprudence dictates that
the labia majora must be entered for rape to be
consummated, and not merely for the penis to stroke
the surface of the female organ. Thus, a grazing of the
surface of the female organ or touching the mons
pubis of the pudendum is not sufficient to constitute
consummated rape. (People v. Mendoza y Dela Cruz)
Acts of Execution of Rape
Can the crime of rape be executed in the frustrated
stage? In other words, is there a crime of
frustrated rape?
No, there is only consummated rape.
Of course, We are aware of our earlier pronouncement
in the case of People v. Eriia, 50 Phil. 998 1927 where
We found the offender guilty of frustrated rape there
being no conclusive evidence of penetration of the
genital organ of the offended party. However, it
appears that this is a "stray" decision inasmuch as it
has not been reiterated in Our subsequent decisions.
Likewise, We are aware of Article 335 of the Revised
Penal Code, as amended by Republic Act No. 2632
(dated September 12, 1960) and Republic Act No.
4111 (dated March 29, 1965) which provides, in its
penultimate paragraph, for the penalty of death when
the rape is attempted or frustrated and a homicide is
committed by reason or on the occasion thereof We
are of the opinion that this particular provision on
frustrated rape is a dead provision. The Eriia
case, supra, might have prompted the law-making
body to include the crime of frustrated rape in the
amendments introduced by said laws. (People v. Orita)
It is settled that the mere touching of an erect
penis on the labia of pudendum of the victim’s
vagina as a precursor for penile penetration,
regardless of whether the penetration, full or
partial, consummates the crime of rape. What does
this mean?
The Supreme Court in the case of People of the
Philippines v. Efren Agao took the occasion to clarify

this matter, holding that “rape of a female victim by a
male person through penile penetration reaches the
consummated stage as soon as the penis penetrates
the cleft of the labia majora, also known as the vulval
or pudenda cleft, or the fleshy outer lip of the vulva, in
even the slightest degree. Simply put, mere
introduction, however slight, into the cleft of the labia
majora by a penis that is capable of penetration,
regardless of whether such penile penetration is
thereafter fully achieved, consummates the crime of
rape.” (People v. Agao, G.R. No. 248049. October 04,
2022)
Attempted Rape v. Acts of Lasciviousness
How can you differentiate the crime of attempted
rape from the crime of acts of lasciviousness?
The Supreme Court explained that "the intent of the
offender to lie with the female defines the distinction
between attempted rape and acts of lasciviousness. It
was clarified that attempted rape requires such
intent while acts of lasciviousness does not. Only
the direct overt acts of the offender establish the intent
to lie with the female.”
Thus, it was declared that mere climbing on top of a
naked female does not constitute attempted rape
without proof of his erectile penis being in a position to
penetrate the female's vagina.
However, when it is established that the acts of the
accused showed his intent to lie, such as when he
climbed the naked body of the woman, spread her
legs, and positioned his penis in front of her vagina but
was not able to penetrate it because someone
suddenly arrived forcing the accused to cease and
leave, the crime is attempted rape.
(Read Pedro Talisay v. People of the Philippines, G.R.
No. 258257. August 09, 2023)
Single Criminal Impulse Test
NOTE: The single criminal impulse test is applied
on continued crimes. This means that if multiple
overt acts are committed at roughly the same time and
location, then there is only one crime committed in
relation to the incident. A case in point would be the
theft of 10 different kinds of jewelries at the same time
and place.
In the crime of rape, the principle of delito continuado
is observed as follows:
When the accused inserts his penis three (3) times in
the private part of the victim to change positions, there
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is only one crime; it is a continued crime of rape or
delito continuado. (See People vs. Aaron, G.R. NOS.
136300-02, September 24, 2002.)
However, if the accused inserted his penis into the
victim's private part three (3) times to rest for five (5)
minutes (i.e., in between), and after resting he satisfied
himself again, there are 3 separate intentions. Hence,
three (3) separate crimes of rape were committed.
(See People vs. Lucena, G.R. No. 190632, February
26, 2014.)
The Sweetheart Defense
NOTE: It is well settled that being sweethearts does
not negate the commission of rape because such act
does not give appellant license to have sexual
intercourse against her will and will not exonerate him
from the criminal charge of rape.
NOTE: In rape, the "sweetheart" defense must be
proven by compelling evidence: first, that the
accused and the victim were lovers; and second, that
she consented to the alleged sexual relations. The
second is as important as the first, because love is
not a license for lust.
Art. 266 B of the RPC, as amended by RA 8353 (“Qualified
Rape”)
Special Complex Crime of Rape with Homicide
Knowingly suffering from gonorrhea, X infected Y
with the same while raping her. Consequently, Y
died. What crime/s were committed?
Rape with homicide??? Qualifying + aggravating
circumstance daw yung knowledge of HIV disease eh
(Read paragraphs 4 and 5 of Art. 266-B of the RPC)
(Read also Art. 266 B, number 6 of the RPC)
In the special complex crime of rape with
homicide, how should the term homicide be
understood or interpreted?
The term should be interpreted using its generic
meaning.
X murdered Y and Z. As Y was dying, X had carnal
knowledge with her. what crime/s were
committed?
The crimes committed were double murder. The
murder of Y has an aggravating circumstance of
ignominy or cruelty.

(Read People v. Laspardas, G.R. No. L-46146 October
23, 1979)
Qualified Rape: As to Age and Relationship
1. When the victim is a child below seven (7)
years old; or
2. When the victim is under eighteen (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 (No. 1).
(Read Art. 266 B, numbers 1 and 5 of the RPC)
Qualified Rape: AFP-PNP, Place of commission
and Abuse of Position of Offender
1. When the victim is under the custody of the
police or military authorities or any law
enforcement or penal institution; or
2. 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,
(Read Art. 266 B, numbers 2 and 7 of the RPC)
Qualified Rape: As to Presence of Other Persons
1. 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; or
2. When rape is committed with the use of a
deadly weapon or by two or more persons.
(Read Art. 266 B, number 3 and paragraph 2 of the
RPC)
Qualified Rape: As to the Knowledge of the
Offenders
1. 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; or
2. 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;
3. When the offender knew of the pregnancy of
the offended party at the time of the
commission of the crime; or
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4. 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.
(Read Art. 266 B, numbers 4, 6, 9 and 10 of the RPC)
Qualified Rape: As to the Result of the
Commission of the Rape
1. When by reason or occasion of rape, the
victim has become insane; or
2. When by reason or on the occasion of the
rape, the victim has suffered permanent
physical mutilation or disability.
(Read Art. 266 B, paragraph 3 and number 8 of the
RPC)
Art. 266-C of the RPC, as amended by RA 8353 (“Effects
of Pardon”)
Marital Rape
X forces his wife to have sex with him. Can X be
held liable for the crime of rape?
Yes, X can be held liable for the crime of rape.
The significant point when consent must be given is at
that time when it is clear to the victim that her
aggressor is soliciting sexual congress. In this case,
that point is when the accused-appellant tapped his
fingers on her lap, a gesture KKK comprehended to be
an invitation for a sexual intercourse, which she
refused.
(Read People v. Jumawan, G.R. No. 187 495, April 21,
2004)
Pardon by the Offended Party
What is necessary for the pardon by the offender
party to be effective?
The subsequent valid marriage between the
offender and the offended party shall extinguish:
1. The criminal action; or
2. The penalty already imposed.
The subsequent forgiveness of the wife to the legal
husband shall extinguish the criminal action or the
penalty, provided that the crime shall not be
extinguished or the penalty shall not be abated if the
marriage is void ab initio.
X, Y, and Z committed multiple rapes against A. X,
however, fell in love with A and married her. Y and
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Z claim that the subsequent valid marriage
between X and A extinguishes their criminal
liability. Valid? Explain.

No. Only the criminal liability of X will be extinguished.

Y and Z will still be criminally liable for the crime of
rape.

NOTE: Under the Family Code, cohabitation is an

act of forgiveness.

Art. 266-D of the RPC, as amended by RA 8353

Evidence which May Be Accepted in the Prosecution

of Rape:

1. Any physical overt act manifesting

resistance against the act of rape in any
degree from the offended party; or
2. Where the offended party is so situated as
to render him/her incapable of giving his or
her consent.

The Rape Shield Rule

NOTE: Under the Rape Victim Assistance and

Protection Act, evidence of complainant's past sexual
conduct, opinion or his/her reputation shall not be
admitted, unless and only to the extent that the court
finds such evidence is material and relevant to the
case of rape.

(See Section 6 of R.A. No. 8505, also known as Rape

Victim Assistance and Protection Act).

P a g e | 14

Republic Act No. 9262, also known as the Violence
Against Women and their Children Act (“VAWC”)
What are the essential elements to hold a person
liable for the prescribed offenses under RA 9262?
1. The offender has or had a sexual or dating
relationship with the offended woman;
2. The offender, by himself or through another,
commits an act or series of acts of harassment
against the woman; and
3. The harassment alarms or causes substantial
emotional or psychological distress to her.
Who are considered victims of violence (i.e., the
offended parties within or without the family
abode) under RA 9262?
1. Wife;
2. Former Wife;
3. A woman with whom the person has or had a
sexual or dating relationship;
4. A woman with whom he has a common child;
or
5. Against her child whether legitimate or
illegitimate,
(Read Section 3, Paragraph (a) of RA 9262)
What are the different acts of violence and abuse
punishable under RA 9262?
1. Physical violence;
2. Sexual violence;
3. Psychological violence; and
4. Economic abuse.
What are the different ways of committing the
crime of violence against women and their
children under RA 9262?
1. Causing, attempting to cause or threatening to
cause the woman or her child physical harm;
2. Placing the woman or her child in fear of
imminent physical harm;
3. Attempting to compel or compelling the
woman or her child to engage in a conduct
which the woman or her child has the right to
desist from or desist from conduct which the
woman or her child has the right to engage in,
or attempting to restrict or restricting the
woman's or her child's freedom of movement
or conduct by force or threat of force, physical
or other harm or threat of physical or other
harm, or intimidation directed against the
woman or child;
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a. Threatening to deprive or actually
depriving the woman or her child of
custody to her/his family;
b. Depriving or threatening to deprive the
woman or her children of financial
support legally due her or her family,
or deliberately providing the woman’s
children insufficient financial support;
c. Depriving or threatening to deprive the
woman or her child of a legal right;
and
d. Preventing the woman in engaging in
any legitimate profession, occupation,
business or activity or controlling the
victim’s own money or properties, or
solely controlling the conjugal or
common money, or properties.
4. Inflicting or threatening to inflict physical harm
on oneself for the purpose of controlling her
actions or decisions;
5. Causing or attempting to cause the woman or
her child to engage in any sexual activity
which does not constitute rape, by force or
threat of force, physical harm, or through
intimidation directed against the woman or her
child or her/his immediate family;
6. Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her
child, including, but not limited to, repeated
verbal and emotional abuse, and denial of
financial support or custody of minor children
of access to the woman's child/children; and
7. Engaging in purposeful, knowingly, or reckless
conduct, personally or through another that
alarms or causes substantial emotional or
psychological distress to the woman or child
a. Stalking or following the woman or her
child in public or private places;
b. Peering in the window or lingering
outside the residence of the woman or
her child;
c. Entering or remaining in the dwelling
or on the property of the woman or her
child against her/his will;
d. Destroying the property and personal
belongings or inflicting harm to
animals or pets of the woman or her
child; and
e. Engaging in any form of harassment
or violence.

Is actual physical violence done by the perpetrator
necessary to prove the essential elements of the
offense under Section 5(i) of RA 9262 (i.e., the
offense of causing mental or emotional anguish,
public ridicule or humiliation to the woman or her
child)?
Generally, the actual physical violence done by the
perpetrator is not necessary to prove the essential
elements of the crime as defined in Section 5(i) of RA
9262.
However, when the physical violence done by the
accused has allegedly caused mental and emotional
suffering to the victim, such act of physical violence
must be proven. The physical violence translates to
psychological violence since its main effect was on
the victim's mental or emotional well-being
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(Read XXX v. People, G.R. No. 252087, February 10,
2021).
QUERY: If X causes physical harm to Y his wife under
Section 5 (a) of RA 9262 and such harm resulted to
attempted, frustrated or consummated parricide, would
it be proper to charge him with violation of RA 9262?
No. Under Section 6(a) of Republic Act No. 9262, acts
constituting attempted, frustrated or consummated
parricide or murder or homicide shall be punished in
accordance with the provisions of the Revised Penal
Code, and not in violation of RA 9262.

(Read Ricky Dinamling v. People of the Philippines,

G.R. No. 199522, June 22, 2015, 760 SCRA 23).

QUERY: Is an act of marital infidelity that causes

mental suffering and emotional anguish to the
offended wife or child considered psychological
violence under Section 5(i) of RA 9262 (i.e., the
offense of causing mental or emotional anguish, public
ridicule or humiliation to the woman or child)?

Yes, marital infidelity is considered psychological

violence under Section 5(i) of RA 9262

(Read AAA v. BBB, G.R. No. 212448, January 11,

2018)

QUERY: Is the taking away of household furniture or

denying the offended woman of their use considered
psychological violence?

(Read AAA v. BBB, G.R. No. 229762, November 28,

2018).

QUERY: May mitigating and aggravating

circumstances be applied in cases of violation of RA
9262?

(Read AAA v. BBB, G.R. No. 229762, November 28,

2018)

QUERY: Is the act of denying support to a child under

Section 5(e)(2) and (i) of RA 9262 a continuing
offense?

(Read Norma Del Soccoro v. Ernst Johan Brinkman

Van Wilsem, G.R. No. 193707, December 10, 2014).

QUERY: Is there a violation of RA 9262 when the

accused failed to provide sufficient support due to his
inability to find work on account of his mental
debilitation?
P a g e | 16

Art. 267. Kidnapping and Serious Illegal Detention
To obtain a judgment of conviction for the crime of
kidnapping and serious illegal detention, what
elements must be proved by the prosecution?
1. That the offender is a private individual;
2. That he or she kidnaps or detains another
person, or in any other manner deprives the
latter’s liberty;
3. That the act of detention or kidnapping
must be illegal;
4. That in the commission of the offense, any of
the following circumstances is present:
a. That the kidnapping or detention lasts
for more than three (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 or her are made;
d. That the person kidnapped or
detained is a minor, female, or a
public official; or
e. That it is committed for the purpose of
extorting ransom.
X and Y kidnaps their child. What crime/s are
committed?
Kidnapping of minors (People v. Mamantak)
(Read Article 271 of the RPC)
Can a public officer be charged and convicted of
the crime of kidnapping and serious illegal
detention?
Yes, a public officer be charged and convicted of the
crime of kidnapping and serious illegal detention. The
court held that in abducting and taking away the victim,
[the accused] did so neither in furtherance of official
function nor in the pursuit of authority vested in them.
It is not, in fine, in relation to their office, but in purely
private capacity, that they [committed the crime]. (In
the Matter of the Petition for Habeas Corpus, SSgt.
Osorio v. Assistant City Prosecutor Navera)
To constitute serious illegal detention, is it
necessary that the victim be placed in an
enclosure? Explain.
It is not necessary for the victim to be locked up or
placed in an enclosure; it is sufficient for him to be
detained or deprived of his liberty in any manner.
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How is the crime of serious illegal detention
different from arbitrary detention?
• As to the person committing the crime
• As to the act constituting the crime
(Read Articles 124 and 267 of the RPC)
How does the crime under Article 267 of the RPC
become qualified kidnapping? In other words, in
what instances would the maximum penalty of
death be imposed under Article 267?
1. When it is committed for the purpose of
extorting ransom;
2. When the victim is killed or dies as a
consequence of the detention;
3. When the victim is raped;
4. When the victim is subjected to torture or
dehumanizing acts
Is there kidnapping and serious illegal detention in
the following cases?
X, Y, and Z abducted and brought A to an unknown
building. They then tied his hands and blindfolded him.
X, Y, and Z had other companions guarding the
building with guns. A asked X, Y, and Z why he was
kidnapped, to which X replied that they only wanted
Christmas gifts or pamasko. Yes.
X and Y robbed the store Z. Before leaving, they
asked Z to go along with them to a certain distance to
prevent the latter from calling the police. No.
X initially consents to go to a place with Y the accused.
When X was about to leave, Y used force to prevent X
from leaving the place.
Y the accused invites X to a very unfamiliar place. X
declined. Y then forced X to go with him against her
will. X agreed and went along with Y.
Y the accused brings X to a very unfamiliar place to
commit lewd designs against the latter’s will.
(Read Arts. 267, 286, 293, and 342 of the RPC)
(See People v. Salimbagao, G.R. No. 121365,
September 14, 1999 and People v. Pickrell, G.R. No.
120409, October 23, 2003)
Special Complex Crimes
X, Y, and Z abducted and brought A to an unknown
building. They then tied his hands and blindfolded
him. A, however, tried to escape but got killed.
What crime/s had been committed? Explain.
Kidnapping with homicide

X, Y, and Z abducted and brought A to an unknown
building. They then tied his hands and blindfolded
him. After more than 3 days, X, Y, and Z became
impatient and decided to kill A. With treachery,
they killed A. What crime/s had been committed?
Explain.
Kidnapping with murder
X, Y, and Z abducted and brought A to an unknown
building. They then tied his hands and blindfolded
him. A died. X, Y, and Z were charged with the
special complex crime of kidnapping with
homicide. During trial, they claimed that the killing
of A was not purposely sought or intended. In fact,
they planned to release him immediately after
receiving the ransom money. Will you give
credence to their claim? Explain.
X forcibly took Z with the evident purpose of killing
him. X treacherously killed Z. What crime/s had
been committed? Explain.
X, Y, and Z abducted and brought A to an unknown
building. They then tied his hands and blindfolded
him. B, a policeperson, happened to be in the area
and tried to rescue A. B, however, got killed in the
process. What crime/s had been committed?
Explain.
X, Y, and Z abducted and brought A to an unknown
building. They then tied his hands and blindfolded
him. X, Y, and Z inflicted slight physical injuries on
A. What crime/s had been committed? Explain.
X abducted and brought A to an unknown building.
He tied her hands and blindfolded her. He then
decided to have carnal knowledge of her, with
which he succeeded. What crime/s had been
committed? Explain.
X abducted and brought A to an unknown building.
He tied her hands and blindfolded her. He then
decided to have carnal knowledge of her. Yet, by
reason of causes other than his own spontaneous
desistance, he failed to perform all acts of
execution to consummate the act of rape. What
crime/s had been committed? Explain.
With plans of stealing the Pajero of Z, X and Y
immediately boarded it and instructed Z to alight
from the vehicle. They tied his hands, led him to
the nearby coconut grove, and killed him. They
then left along with the Pajero. What crime/s had
been committed? Explain.
(Read the last paragraph of Art. 267 of the RPC)
(Read also Art. 48, 246, 248, and 266A of the RPC)
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(Read People v. Sinoc, G.R. No. 113511-12, July 11,
1997 and RA 7659 or the Anti-Carnapping Law)
Art. 268. Slight Illegal Detention
To secure a judgment of conviction for the crime
of slight illegal detention, what elements must be
established by the prosecution?
1. That the offender is a private individual;
2. That he or she kidnaps or detains another,
or in any manner deprives his or her liberty;
3. That the act of kidnapping or detention is
illegal; and
4. That the crime is committed without the
attendance of the circumstances
enumerated in Art. 267
To mitigate the accused’s liability for the crime of
slight illegal detention mitigated, what requisites
must be shown by the defense?
1. That the offender was in a position to
prolong the detention for more than three
(3) days;
2. That the offender voluntarily releases the
kidnapped or detained person within three
(3) days from the commencement of the
detention;
3. That the offender did not attain the purpose
intended; and
4. That it was done before the institution of
criminal proceedings against him or her.
Art. 269. Unlawful Arrest
To obtain a judgment of conviction for the crime of
unlawful arrest, what elements must be
established by the prosecution?
1. That the offender is any person, whether a
private or public individual;
2. That the offender arrests or detains another
person;
3. That the purpose of the offender is to deliver
the person arrested to the proper
authorities; and
4. That the arrest or detention is unauthorized
by law or there is no reasonable ground
therefore.
Is delivery to the proper authorities required under
Article 269 of the RPC?
Yes. 12, light. 18 correctional, 36 afflictive
(Read Article 125 of the RPC)

What do we mean by that “the arrest or detention
is unauthorized by law or there is no reasonable
ground therefore”? What is its primordial
consideration?
• There should be a warrant/probable cause for
the arrest
• In flagrante delicto, hot pursuit, escapee
(Read Section 2 of Article III of the 1987 Constitution)
(Read also Section 5 of Rule 113 of the Rules of
Criminal Procedure)
How is the crime of unlawful arrest different from
arbitrary detention?
• As to the person committing the crime
• As to the legality and purpose of arrest or
detention
(Read Article 124 of the RPC)
How is the crime of unlawful arrest different from
delay in the delivery of detained prisoners?
• As to status/legality of detention
• As to the act constituting the crime
(Read Article 125 of the RPC)
Art. 270. Kidnapping and Failure to Return a Minor
To sustain a judgment of conviction for the crime
of kidnapping and failure to return a minor, what
elements must be established by the prosecution?
1. That the offender is entrusted with the
custody of a minor person; and
2. That he deliberately fails to restore the said
minor to his parents or guardian
(Read Art. 270 of the RPC)
(Read also People v. Marquez, G.R. No. 181440, April
13, 2011) (Justine)
What makes Art. 270 distinct from kidnapping and
serious illegal detention?
• Art. 267 – parents of minor did not entrust the
offender with their child; more than 3 days
• Art. 270 – parents entrusted the custody of the
minor to the offender; no # of days required
Since the second element of Art. 270 consists of
“deliberate failure to restore the said minor to his
parents,” does this mean that the crime could not
be committed by the parents themselves?
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It can still be committed as long as the parent/offender
is entrusted with the custody of the child and fails to
return him. (e.g., single parent with legal custody and
the other parent borrows the child and fails to return
him/her)
Art. 271. Inducing a Minor to Abandon His Home
To sustain a judgment of conviction for the crime
of inducing a minor to abandon his home, what
elements must be proved by the prosecution?
1. That a minor is living in the home of his or
her parents or guardian or the person
entrusted with his or her custody; and
2. That the offender induces said minor to
abandon such home
As for the second element of Art. 271 of the RPC,
what requisites must be shown by the
prosecution?
1. Inducement must be actual
2. Committed with criminal intent
3. Determined by a will to cause damage
X induces Y, a 15 year-old minor, to leave her
parents and abandon her home, so that Y can be
an acrobat who performs in dangerous
exhibitions. What crime/s are committed?
Exploitation of minors in dangerous feats
(Read Art. 278 of the RPC)
Arts. 276. Abandoning A Minor
To sustain a judgment of conviction for the crime
of abandoning a minor, what elements must be
proved by the prosecution?
1. That the offender has the custody of a child;
2. That the child is under seven (7) years of
age;
3. That he abandons such child; and
4. That he has no intent to kill the child when
the latter is abandoned
(Read Art. 276 of the RPC)
(Read also People v. Bandian, G.R. No. 45186,
September 30, 1936)
What circumstances cause the penalty to increase,
further denominating the crime as qualified
abandoning a minor?

1. When the death of the minor resulted from
such abandonment; or
2. If the life of the minor was in danger
because of the abandonment.
As for the element of abandonment under Art. 276
of the RPC, what must be shown by the
prosecution?
1. Abandonment is conscious and deliberate
2. The abandonment deprives the child of the
care and protection from danger
X abandons Y, his 6 year-old legitimate child, so
that the latter will lose civil status. What crime/s
have been committed?
Abandonment of legitimate child
(Read Art. 347 of the RPC)
It is not necessary for us to consider and decide, at
this time, under what circumstances, if any, a father,
left with a motherless child, may turn it over to others
with or without an agreement to reclaim it, or whether,
in the event that he does turn the child over to others,
be would ever be permitted to receive money or other
consideration from those who adopt the child. Our
ruling at this time is merely that the offense defined
and penalized in article 468 of the Penal Code is not
the unlawful sale of a child by its father, and that such
conduct cannot properly be penalized under its
provisions. (United States v. Capillo)
Art. 277. Abandonment of Minor Entrusted With
Custody; Indifference of Parents
What are the punishable acts under Article 277 of
the RPC?
1. Delivering a minor to a public institution or
other persons without the consent of the
one who entrusted such minor to the care of
the offender or, in the absence of that one,
without the consent of the proper authorities
and
2. Neglecting own children by not giving them
the education which their station in life
requires and financial condition permit
What are the elements of abandonment of minor
by one charged with the rearing or education of
said minor under par. 1 of Art. 277 of the RPC?
1. That the offender is charged with the
rearing or education of a minor;
2. That he delivers said minor to a public
institution or other persons; and
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3. That the one who entrusted such child to
the offender has not consented to such act,
or if the one who entrusted such child to the
offender is absent, the proper authorities
have not consented to it
What are the elements of indifference of parents
under par. 2 of Art. 277 of the RPC?
1. That the offender is a parent;
2. That he or she neglects his children by not
giving them education; and
3. That his or her station in life requires such
education and his or her financial condition
permits it
What are the differences in the crimes of
abandoning a minor under Arts. 276 and 277, par. 1
of the RPC?
1. As to the person committing the crime
2. As to the victim of the crime
3. As to the act constituting the crime
Art. 275. Abandonment of Persons in Danger and One’s
Own Victim
What are the different ways of committing the
crime of abandonment of persons in danger and
one’s own victim?
1. By failing to render assistance to any
person whom the offender finds in an
uninhabited place wounded or in danger of
dying when he can render such assistance
without detriment to himself, unless such
omission shall constitute a more serious
offense;
2. By failing to help or render assistance to
another whom the offender has accidentally
wounded or injured; and
3. By failing to deliver a child under seven (7)
years of age whom the offender has found
abandoned to the authorities or to his
family, or by failing to take him to a safe
place
What is a good defense for the perpetrator under
the 1st punishable act of Art. 275 of the RPC?
What must he or she show to be exculpated from
liability?
“Thus, if a person intentionally wounded another in an
uninhabited place, paragraph 1 of Art. 275 is not
applicable, because he did not find him wounded or in
danger of dying in that place/” (Reyes)

While jogging along Rockwell Drive, X finds Y
dying and fails to render assistance. Is X liable
under Art. 275 of the RPC?
No, because the place inhabited.
X shoots Y who got severely wounded. Y begged X
to bring him to the hospital. Is X criminally liable
under this Article if he fails to render assistance to
Y? What crime/s have been committed (a) if Y died
and X did not render assistance; (b) if Y survived
because X rendered assistance; and (c) if Y
survived without Y rendering assistance but due to
timely medical attendance?
No, because this article requires that the victim has
been ACCIDENTALLY wounded.
(a) Murder/homicide???
(b) Illegal discharge of firearms???
(c) Attempted murder/homicide???
Driving while drunk, X committed a hit-and-run
against Y. What crime/s were committed?
Reckless imprudence and abandonment of one’s own
victim
(Read Art. 365 of the RPC)
X found Y, an abandoned 6 year-old child, in an
unsafe place. He neither took Y to a safe place nor
brought Y along with him. He was then charged
under Art. 275 (3) of the RPC. During trial, X
contends that he did not know that Y was under 7
years of age at the time of the incident. If he only
knew, he would have taken good care of Y. Decide
on X’s contention.
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Art. 272. Slavery
To obtain a judgment of conviction for the crime of
slavery, what elements must be established by the
prosecution?
1. That offender purchases, sells, kidnaps or
detains a human being; and
2. That the purpose of the offender is to
enslave such human being
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What circumstance causes the penalty to increase,
further denominating the crime as qualified
slavery?
When the purpose of the offender is to assign the
offended party to some immoral traffic like
prostitution.
For profit, X influences and induces (different from
purchasing, selling, kidnapping or detaining) Y to
become a sex slave or prostitute. What crime/s are
committed if Y:
a. Is a minor below 18 years of age? Child
abused
b. A person over 18 years old but cannot fully
take care of herself because of a disability?
Child abuse
(Read Sections 3(a) and 5(a) of RA 7610, also known
as the “Anti-Child Abuse Law”)
What crimes are committed if X engages and
recruits Y:
a. To be engaged in prostitution,
pornography or sexual exploitation,
particularly under the pretext of domestic
or overseas employment or training or
apprenticeship? Human trafficking
b. For the purpose of removing or selling his
organs? Human trafficking
c. To be engaged in forced labor, slavery,
debt bondage or involuntary servitude?
Slavery
(Read the punishable acts under Section 4 of RA
10364, also known as “Expanded Anti-Trafficking in
Persons Act of 2012”)
(Read also paragraph 2 of Art. 272 and Art. 341 of the
RPC)
Art. 278. Exploitation of Minors in Dangerous Feats
Who can be held liable for committing the crime of
exploitation of minors? What are the different
ways of committing it?
a. Any person - by causing any boy or girl
under 16 years of age to perform any
dangerous feat of balancing, physical
strength, or contortion;
b. A person who is engaged in the exhibitions
of acrobat, gymnast, rope-walker, diver,

wild animal tamer or a similar calling - by
employing children under 16 years of age
who are not his or her children or
descendants in such dangerous exhibitions;
c. A person who is engaged in the exhibitions of
acrobat, gymnast, rope-walker, diver, wild
animal tamer or a similar calling – by
employing his or her descendant under 12
years of age in such dangerous exhibitions;
d. A person who is an ascendant, guardian,
teacher, or person entrusted in any
capacity with the care of a child – by
delivering a child under 16 years of age
gratuitously to any person engaged in
dangerous exhibitions or to any habitual
vagrant or beggar;
e. Any person - by inducing any child under
16 years of age to abandon the home of its
ascendants, guardians, curators or teachers
to follow any person engaged in dangerous
exhibitions or to acrobat
What circumstance causes the penalty to increase,
further denominating the crime as qualified
exploitation of minors?
When the delivery of the child is made in
consideration of any price, compensation or
promise
Art. 273. Exploitation of Child Labor in Payment of Debt
To obtain a judgment of conviction for the crime of
exploitation of child labor, what elements must be
established by the prosecution?
1. That the offender retains a minor in his
service;
2. That it is against the will of the minor; and
3. That it is under the pretext of reimbursing
himself or herself of a debt incurred by an
ascendant, guardian or person entrusted
with the custody of such minor
Art. 274. Services Rendered in Compulsion of Payment of
Debt
To secure a judgment of conviction for the crime
of services rendered in compulsion of payment of
debt, what elements must be proved by the
prosecution?
1. That the offender compels a debtor to work
for him, either as household servant or farm
laborer;
2. That it is against the debtor's will; and
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3. That the purpose is to require or enforce the
payment of a debt
In payment of Y’s debt, X compels her to work for
him as his office secretary. What crime/s are
committed?
Grave coercion
(Read Art. 286 of the RPC)
What are the differences between Arts. 273 and
274 of the RPC?
1. As to the victim
2. As to whose debt that the victim is rendering
service for
3. As to the kind of service rendered by the
victim
NOTE: Under Section 3(i) of RA of RA 10364, also
known as “Expanded Anti-Trafficking in Persons Act of
2012,” there is such a thing as Debt Bondage, which
refers to the pledging by the debtor of his/her
personal services or labor or those of a person
under his/her control as security or payment for a debt,
when the length and nature of services is not
clearly defined or when the value of the services as
reasonably assessed is not applied toward the
liquidation of the debt.
At this juncture, it is crucial to take note of the specific
punishable acts involving Debt Bondage under Section
4 RA of RA 10364, to determine if charging or
convicting the offender under Articles 273 and 274 of
the RPC would still be proper, and thus, not violative of
his or her right against double jeopardy.
Art. 280. Trespass to Dwelling
To obtain a judgment of conviction for the crime of
trespass to dwelling, what elements must be
established by the prosecution?
1. That the offender is a private person;
2. That he or she enters the dwelling of
another; and
3. That such entrance is against the will of the
owner or occupant
What circumstance causes the penalty to increase,
further denominating the crime as qualified
trespass to dwelling?

• If committed by means of violence or
intimidation
In what situations wherein the alleged offender will
not be held liable if charged with Art. 280 of the
RPC? Under what instances is the crime of
trespass not committed?
• If the purpose is to prevent some serious
harm to himself or rendering some service
to humanity or justice, or anyone who
enters public cafes, taverns, inns, and
public houses while open (Last paragraph of
Art. 280)
• Right to break in a building or enclosure if
officer is refused admittance thereto after
announcing his authority/purpose (Section 11,
Rule 113 of the Rules of Court)
• Arrest after escape or rescue (Section 13,
Rule 113 of the Rules of Court)
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wife. X then went and looked for Y in her parents’
house. Despite being refused entry, X still went in.
What crime/s are committed? Explain
Trespass to dwelling
X, a police officer, entered the house of Y to search
for some items without a valid search warrant.
Knowing his rights against unreasonable searches
and arrests, Y refused entry. X then persisted and
went in. What crime/s are committed? Explain.
Trespass to dwelling
Art. 281. Other Forms of Trespass, Trespass to
Property
To secure a judgment of conviction for the crime
of trespass to property, what elements must be
established by the prosecution?

To commit trespass, the entrance by the accused
should be against the presumed or implied or
express prohibition of the occupant. How do we
then determine if there is an implied prohibition to
enter the dwelling?
• When the entrance is made through a window
or through means not intended for entrance.
Does lack of permission automatically amount to
prohibition? Who should give permission for or
prohibit entry to a dwelling?
1. That the offender enters the closed
premises or the fenced estate of another;
2. That the entrance is made while the closed
premises or the fenced estate is uninhabited;
3. That the prohibition to enter be manifest;
and
4. That the trespasser has not secured the
permission of the owner or the caretaker
thereof
How do we distinguish between the crimes of
trespass to dwelling and trespass to property?

• It is not necessary in the ordinary life of men, 1.
in order to call at the door of a house or to 2.
enter it, to obtain the previous permission from 3.
the owner who lives in it. With the utmost good 4.
faith, a person, to whom entrance has not 5.
been denied beforehand, may suppose that
the owner of the house has no objection to
receiving him in it.
As to the person committing the crime
As to the type of enclosure being entered
As to the nature of the place
As to the act constituting the crime
As to the prohibition to enter

How do we determine “dwelling”?

• Any building or structure exclusively devoted

for rest and comfort

X visits and enters the house he leased to Y to

collect rental payments. With nothing to pay, Y
refused entry, but X persisted. Can X be held liable
for the crime of trespass to dwelling over his own
house? Explain.

Ye, because Y is the current occupant/dweller of the

house.

After getting caught with another woman, X, a

police officer, wanted to make amends with Y, his
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