Criminal Law Coparison

ATENEO CENTRAL BAR OPERATIONS 2007
Criminal Law
SUMMER REVIEWER
at
io
n
c. Pr
in
ci
BOOK I pl
e
s
CRIMINAL LAW of
– A branch of P
municipal law u
which defines bli
crimes, treats of c
their nature and In
provides for their te
punishment. rn
at
Characteristics io
of Criminal Law: n
1. General – al
binding on all L
persons who a
reside or w
sojourn in the Ex:
Philippines i. s
Exceptions: o
a. Tr v
e e
at r
y e
St i
ip g
ul n
at s
io a
n n
b. L d
a
w o
s t
of h
Pr e
ef r
er c
e h
nt i
ial e
A f
p s
pli o
c f
Criminal Law Summer Reviewer
s i
t d
a e
t n
e t
a
ii. A n
m d
b
a c
s h
s a
a r
d g
o e
r s
s d
, ’
a
m f
i f
n a
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t e
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r (
s B
p U
l T
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n c
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o s
t u
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ti ,
a v
r i
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, e
m -
i c
n o
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s s
t u
e l
r s
r a
e n
s d
Page 2 of 174
o h
t e
h
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r p
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C a
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N b
N a
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c o
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Page 3 of 174
i e
n
i o
s n
t
e a
r Philippine
s ship or
. airship
) b. fo
rg
2. Territorial – in
penal laws of g
the or
Philippines c
are o
enforceable u
only within its nt
territory er
Exce fe
ption iti
s: n
(Art. 2 g
of a
RPC n
– y
bindin c
g oi
even n
on or
crime c
s ur
comm re
itted n
outsid cy
e the n
Philip ot
pines) e
a. of of
fe th
n e
s P
e hil
ip
c pi
o n
m e
m s
itt or
e o
d bli
g
w at
hil
Page 4 of 174
io c
n o
s u
a nt
n ry
d of
th th
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TIF
s F
e (Un
co
c mpr
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ur ed)
dec
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pre
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Page 5 of 174
fic g
er ai
s n
a st
n n
d at
e io
m n
pl al
o s
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Page 6 of 174
3. Prospective n
– the law s
does not or
have any e
retroactive xi
effect. sti
n
g
Exceptio c
n: when a
the law is u
favorable s
to the e
accused s
Exceptions of
to the Exception: a
a. T cti
h o
e n
n b. O
e ff
w e
la n
w d
is er
e is
x a
pr h
e a
ss bi
ly tu
m al
a cr
d i
e m
in in
a al
p
pli Theories of
c Criminal Law:
a 1. Classical
bl Theory –
e basis is
to man’s
p free will to
e choose
n between
di good and
n evil, that
g is why
a more
cti stress is
o placed
Page 7 of 174
upon the and

result of positivist
the theories
felonious wherein
act than crimes
upon the that are
criminal economic
himself. and social
The in nature
purpose should be
of penalty dealt in a
is positive
retribution manner.
. The The law is
RPC is thus more
generally compassi
governed onate.
by this
theory. Construction of
Penal Laws:
2. Positivist 1. Liberally
Theory – construed
basis is in favor of
the sum offender
of social Ex:
and a. th
economic e
phenome of
na which fe
conditions n
man to do d
wrong in er
spite of or m
contrary u
to his st
volition. cl
This is e
exemplifie ar
d in the ly
provisions fa
on ll
impossibl wi
e crimes th
and in
habitual th
delinquen e
cy. te
r
3. Mixed m
Theory – s
combinati of
on of the th
classical e
Page 8 of 174
la CONGRESS TO
w ENACT PENAL
b. a LAWS:
n 1. ex post
a facto law
ct 2. bill of
is attainder -
cr Ang Bill of
i Attainder
m ay ang
in batas na
al nagpapat
o aw ng
nl sentensiy
y a o
w parusa na
h walang
e paglilitis
n 3. law that
m violates
a the equal
d protection
e clause of
s the
o constitutio
b n
y 4. law which
th imposes
e cruel and
st unusual
at punishme
ut nts nor
e excessive
2. In cases fines
of conflict
—Advisers: Atty. Lorenzo Padilla, Justice Diosdado Peralta; Head: Kristine Quimpo; Understudies: Ivy Patdu, Krizna
Gomez—
with
official
translatio
n, original
Spanish
text is BOOK ONE
controlling GENERAL
, PROVISIONS
3. No
interpretat
ion by
analogy.
ART.1: TIME
LIMITATIONS ON WHEN ACT
POWER OF
Page 9 of 174
TAKES itted
EFFECT aboar
d a
RPC took effect foreig
February 1, 1932. n
vesse
l
ART. 2: within
APPLICATION the
OF ITS territo
PROVISIONS rial
water
s of a
RULES:
countr
1. Philippin
y are
e vessel
NOT
or airship
triable
–
in the
Philippine
courts
law shall
of
apply to
such
offenses
countr
committe
y.
d in
Exce
vessels
ption:
registered
comm
with the
ission
Philippine
affect
Bureau of
s the
Customs.
peace
It is the
and
registratio
securi
n, not the
ty of
citizenshi
the
p of the
territo
owner
ry, or
which
the
matters.
safety
2. Foreign
of the
vessel
state
a. Fr
is
e
endan
n
gered
c
.
h
R
ul b. E
e n
gl
Gene
is
ral
h
Rule:
R
Crime
ul
s
e
comm
Page 10 of 174
Gene th
ral in
Rule: g
Crime s
s wi
comm th
itted in
aboar th
d a e
foreig v
n e
vesse ss
l el
within or
the it
territo re
rial fe
water rs
s of a to
countr th
y are e
triable in
in the te
courts rn
of al
such m
countr a
y. n
E a
x g
c e
e m
pt e
io nt
n: th
W er
h e
e of
n .
th *This is
e applicabl
cr e in the
i Philippin
m es.
e
m Title One:
er FELONIES
el AND
y CIRCUMST
af ANCES
fe WHIC
ct H AFFECT
s CRIMINAL
Page 11 of 174
LIABILITY There is no crime

TIFF (Uncompressed)
QuickTime
when there is no
decompressor
™ and a
law punishing it.
are
needed to see this
picture.
Classification Of
Felonies
Chapter According To
One: The Means By
FELONIES Which They Are
Committed:
Felonies – acts
1. Intentional
and omissions
Felonies- by
punishable by the
means of
Revised Penal
deceit
Code
(dolo)
Requisite
Crime – acts and
s:
omissions
a. fr
punishable by any
e
law
e
d
Act – an overt or o
external act m
b. in
Omission – te
failure to perform lli
a duty required by g
law e
n
c
ELEMENTS: e
1. there c. in
must be te
an act or nt
omission .
2. this must
be MISTAKE
punishabl OF FACT –
e by the misapprehension
RPC of fact on the part
3. act or of the person who
omission caused injury to
was done another. He is not
by means criminally liable.
of dolo or Requisites:
culpa a. th
e
NULLUM a
CRIMEN, NULLA ct
POENA SINE d
LEGE – o
n
Page 12 of 174
e b. m
w ist
o a
ul k
d e
h m
a u
v st
e b
b e
e wi
e th
n o
la ut
wf fa
ul ul
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a or
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th ar
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fa e
ct ss
s n
b e
e ss
e b
n y
a th
s e
th a
e cc
a u
cc s
u e
s d
e
d 2. Culpable
b Felonies- by
eli means of
e fault (culpa)
v Requisites:
e a. fr
d e
th e
e d
m o
to m
b b. in
e te
binten lli
tion is g
lawful e
Page 13 of 174
n
c
e
c. n
e
gli
g
e
Par. 2 Impossible Crime
n mitigating and taken into GENERALLY

c aggravating account in not
e circumstance imposing taken into
(l penalty account
a degree of when there is GENERALLY
ck participation more than one not
of offender, it is taken into
fo taken into account
re
consideration
si
laws violated General General Rule:
g
Rule: Special Penal
ht
RPC Laws
)
a
n INTENT v.
d MOTIVE
imprudence Intent Motive
(lack of skill) purpose to use a moving power which
particular means to impels
effect a result one to act
MALA IN SE v.
MALA element of crime not an element
PROHIBITA except in crimes
Mala in secommitted with culpa
moral trait of consideredessential in essential only when the
offender intentional felonies identity of the felon is in
doubt
good faith as valid defense,
a defense unless the
crime is the
ART. 4:
result of culpa
CRIMINAL
LIABILITY
Par.1 Criminal
liability for a
felony
committed
degree of taken into
different from
accomplishme account
that intended
nt of the crime
to be
committed
Page 14 of 174
sequence
Requisites: unbroken by any
1. felony has efficient
been intervening cause,
committe produces the
d injury, (
intentional immediate
ly cause)
2. injury or without which the
damage result would not
done to have occurred
the other Requisites:
party is 1. Act would
the direct, have
natural been an
and offense
logical against
conseque persons
nce or
of the property.
felony 2. There
was
Hence, since he is criminal
still motivated by intent.
criminal intent, the 3. Accomplis
offender is hment is
criminally liable in: inherently
1. Error in impossibl
personae e; or
– mistake inadequat
in identity e or
2. Abberati ineffectual
o ictus – means
mistake in are
blow employed
3. Praetor .
intention 4. Act is not
an actual
emTIFF
(Uncompressed) violation
decompressorQui
of another
ckTime™ and a
provision
– lack of of the
intent to Code or
commit so of special
grave a law.
wrong are
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picture. Impossible crime
occurs when there
PROXIMATE is:
CAUSE – the 1. inherent
cause, which in impossibil
the natural and ity to
continuous
Page 15 of 174
ATENEO CENTRAL BAR OPERATIONS 2007 1.
1.
1.
commit CO
the crime N
2. inadequat S
e means U
to M
consumm M
ate the A
crime T
3. ineffectual E
means to D
consumm
ate the –
crime
w
Art. 5: Duty of h
the court in e
connection n
with acts
which should a
be repressed l
but which are l
not covered
t
by the law,
h
and in cases
e
of excessive
penalties
e
l
Note: Paragraph e
2 does not apply m
to crimes e
punishable by n
special law, t
including s
profiteering, and
illegal possession n
of firearms or e
drugs. There can c
be no executive e
clemency for s
these crimes. s
a
ART. 6: r
CONSUMMAT y
ED,
FRUSTRATED f
, AND o
ATTEMPTE r
D
FELONIES i
t
s
STAGES OF
EXECUTION: e
Page 16 of 174
x l
e e
c m
u e
t n
i t
o s
n :
a a. offend
n er
d perfor
ms all
a acts
c of
c execu
o tion
m b. all
p
these
l
acts
i
would
s
produ
h
ce the
m
felony
e
n as a
t conse
quenc
a e
r c. BUT
e the
felony
p is
r NOT
e produ
s ced
e d. by
n reaso
t n of
cause
s
2. F indep
R enden
U t of
S the
T will of
R the
A perpe
T trator
E
D 3. A
T
T
E E
Page 17 of 174
M than the independent of

P spontaneous the will of the
T desistance of perpetrator
E the
D perpetrator
Crimes, which
a. offend do not admit of
er Frustrated and
comm Attempted
ences Stages:
the
felony 1. Offenses
directl punishabl
y by e by
overt Special
acts Penal
b. does Laws,
not unless the
perfo law
rm all provides
acts otherwise
which 2. Formal
would crimes –
produ consumm
ce the ated in
felony one
c. his instance
acts (Ex:
are slander,
not adultery,
stopp etc.)
ed by 3. Impossibl
his e Crimes
own 4. Crimes
spont consumm
aneou ated by
s mere
desist attempt
ance (Ex:
attempt to
Attempted Frustrated flee to an
Overt acts of All acts of enemy
execution are execution are country,
started present treason,
corruption
of minors)
Not all acts of Crime sought5.to Felonies
be
execution are committed is not by
present achieved omission
6. Crimes
Due to committe
Due to intervening
reasons other causes d by mere
Page 18 of 174
agreemen to see
t (Ex: this
picture.
betting in
2. External
sports: acts
“e a.
nding,” P
corru r
ption e
of p
public a
officer r
s) a
t
Crimes which do o
not admit of r
Frustrated y
Stage:
1. Rape a
2. Bribery c
3. Corruptio t
n of s
Public
Officers -
4. Adultery o
5. Physical r
Injury d
i
2 stages in the n
development of a a
crime: r
1. Internal i
acts l
y
- e.g.
mer
n
e
o
idea
t
s of
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Page 19 of 174
p 4,
t P
w o
h ss
e e
n ss
io
c n
o of
n pi
s ck
i lo
d ck
e s
r a
e n
d d
si
b m
y ila
r
l to
a ol
w s)
b.
a Acts
s of
Execu
i tion -
n punis
d hable
e under
p th
e e
n R
d P
e C
n ART. 7:
t WHEN
c LIGHT
r FELONIES
i ARE
m PUNISHA
e BLE
s
General Rule:
(e Punishable only
.g when they have
. been
Ar consummated
t. Exception:
3 Even if not
0
Page 20 of 174
consummated C
, if O
committed M
against M
persons or I
property T
Ex: slight physical F

injuries, theft, E
alteration of L
boundary marks, O
malicious N
mischief, and Y
intriguing against
honor.
CONSPIRACY
Note: Only
principals and Requisites:
accomplices are 1. Two or
liable; accessories more
are NOT liable persons
even if committed come to
against persons an
or property. agreemen
t
2. For the
ART. 8: commissi
C on of a
O felony
N 3. And they
S decide to
P commit it
I
R Concepts of
A Conspiracy:
C 1.As a
Y crime in itself
Ex:
A conspiracy
N commit rebellion,
D insurrection,
treason,
P sedition, coup
R d’ etat
O
P 2.Merely as
O a means to
S commit a
A crime
L
Requisites:
T a. a
O pr
Page 21 of 174
io di
r c
a at
n iv
d e
e of
x a
pr m
e e
s et
s in
a g
gr of
e th
e e
m m
e in
nt d
b. p s
ar to
tic w
ip ar
a d
nt s
s a
a c
ct o
e m
d m
in o
c n
o cr
n i
c m
er in
t al
or o
si bj
m e
ul cti
ta v
n e
e
o Note: Conspiracy
u to commit a felony
sl is different from
y, conspiracy as a
w manner of
hi incurring criminal
c liability.
h
is
in
Page 22 of 174
General Rule:
Conspiracy to
commit a felony PROPOSAL TO
is not COMMIT A
punishable since FELONY
it is merely a Requisites:
preparatory act. 1. A person
Exception: when has
the law decided
specifically to
provides for a commit a
penalty felony
Ex: rebellion, 2. And
insurrection, proposes
sedition, coup its
d’ execution
etat to some
other
General Rule: person or
The act of one is persons
the act of all.
Exception:
Unless one or Conspiracy Proposal
some of the Elements Agreement to person
conspirators commit AND decides to
committed commission commit a
some other
crime AND
crime which is
proposes the
not part of the
same to
intended
another
crime.
Exceptio Crimes Conspiracy Proposal to
n to the to commit:
exceptio commit: treason,
n: When sedition, rebellion, coup
the act treason, d’ etat
constitute rebellion, coup d’
s an etat *no proposal to
indivisible commit
offense. sedition
OVERT ACTS
CONSIST OF:
1. Active participation
actual ART. 9:
GRAVE
commission of the crime itself, or
2. Moral assistance to his FELONI
co-conspirators by
ES,
being present at the time of the
commission of the crime,LESS
or
GRAVE over the
3. Exerting a moral ascendance
other co-conspirators byFELONI
moving them to
execute or implement theEScriminal
AND plan
People v. Abut, et al. (GR No. LIGHT
137601, April 24,
2003)
Page 23 of 174
FELONI arresto
ES menor (1
day to 30
days)
Importance of
ClassificationTIFF
(Uncompressed)
decompressorare needed to see
ART. 10:
this picture.
OFFE
1. To NSES
determine NOT
whether SUBJ
the ECT
felonies TO
can be THE
complexe PROV
d or not. ISION
2. To S OF
determine THIS
the CODE
prescripti
on of the General Rule:
crime and RPC provisions
of the are
penalty. supplementary to
special laws.
Penalties Exceptions:
(imprisonment): 1 when
1. Grave special
felonies law
– provid
afflictive es
penalties otherwi
: 6 yrs. se
and 1 2 when
day to provisi
reclusion on of
perpetua RPC
(life) are
2. Less imposs
grave ible of
felonies applica
– tion,
correctio either
nal by
penalties expres
: s
1 month provisi
and 1 on
day to or by
6 neces
years sary
3. Light implic
felonies - ation
Page 24 of 174
Note: When the

special law
Terms adopts the
penalties imposed
in the RPC i.e.
penalties as
reclusion
perpetua, prision
correccional, etc.
Attempted or
the provisions of
Frustrated the RPC on
Stages imposition of
penalties based
on stages of
execution, degree
Plea of guilty of participation
as mitigating and attendance of
circumstance mitigating and
Minimum, aggravating
medium and circumstance may
maximum be applied by
periods necessary
Penalty for implication.
accessory or
accomplice
Chapter
Two
JUSTIFYIN
Provisions of G
RPC applicable CIRCUMS
to special laws: TANCES
• Art. 16 AND
Participati CIR
on of CU
Accomplic MS
es TA
• Art. 22 NC
Retroactiv ES,
ity of WHI
Penal CH
laws if EXE
favorable MP
to the T
accused FR
OM
• Art. 45
CRI
Confiscati
MIN
on of
AL
instrumen
LIA
ts used in
BILI
the crime
TY
Page 25 of 174
assau
lt or
ART. 11. aggre
JUSTIFYIN ssion
G or an
CIRCUMST imme
ANCES diate
and
JUSTIFYING immin
CIRCUMSTANCE ent
S – where the act threat
of a person is in ,
accordance with which
law such that said must
person is deemed be
not to have offens
violated the law. ive
and
General Rule: No positi
criminal and vely
civil liability strong
incurred. .
Exception: The
There is civil defen
liability with se
respect to must
par. 4 where have
the liability is been
borne by made
persons during
benefited by the
the act. existe
nce of
aggre
ssion,
Par. 1 Self- other
defense wise,
it is
Elements: no
1. Unlawful longer
Aggressi justifyi
on ng.
indisp While
ensab gener
le ally
requir an
ement agree
There ment
must to
be fight
actual does
physi not
cal consti
Page 26 of 174
tute ss
unlaw or
ful (2) p
aggre h
ssion, ys
violati ic
on of al
the c
terms o
of the n
agree di
ment
ti
to
o
fight
n,
is
c
consi
dered h
an ar
excep a
tion. ct
er
2. Reasona ,
ble si
necessity z
of the e
means a
employe n
d to d
prevent TIF
F
or repel it (Un
co
– mpr
ess
ed)
dec
Test of om
reasonabl pre
sso
eness ro
depends th
on: er
(1) w Qui
ckT
e ime
™
a and
p ac
o ir
n c
u u
s m
e st
d
a
b
n
y
c
a
e
g
gr s
e of
Page 27 of 174
a defen
g ding
gr himse
e lf
ss (4) pl
or a
are c
nee
ded e
to
see a
this
pict
n
ure. d
(3) p o
h cc
ys a
ic si
al o
c n
o of
n a
di ss
ti a
o ul
n, t
c
h 3. Lack of
ar sufficient
a provocati
ct on on the
er part of
, the
si person
z defendin
e g himself
a
n NOTE: Perfect
d equality between
ci the weapons
rc used, nor material
u commensurability
m between the
st means of attack
a and defense by
n the one defending
c himself and that of
e the aggressor is
s not required
of
p REASON: the
er person assaulted
s does not have
o sufficient
n opportunity or
Page 28 of 174
time to think and on one

calculate. entrusted
with the
Rights included care of
in self-defense: such
1. defense property.
of person
2. defense
of rights People
protected v.
by law Narvaez,
3. defense (GR No.
of L-33466-
property 67,
(only if
there is
April 20,
also an
1983)
actual
and
imminent Attack on
danger on property
the alone
person of was
the one deemed
defending
) sufficient
4. defense to
of chastity comply
with
Kinds of Self- element
Defense: of
1. self-
defense
unlawful
of
aggressi
chastity
on
– there
must be
an
attempt
to rape 3. self-
the defense
victim in libel –
2. defense justified
of when the
property libel is
– must be aimed at
coupled a
with an person’s
attack on good
the name.
person of
the “Stand ground
owner, or when in the
Page 29 of 174
right” - the law

does not require a (indispens
person to retreat able
when his assailant requireme
is rapidly nt)
advancing upon 2. reasonab
him with a deadly le
weapon. necessity
of the
means
NOTE: Under employe
Republic Act 9262 d to
(Anti-Violence prevent
Against Women or repel it
and Their 3. In case
Children Act of the
2004), victim- provocati
survivors who are on was
found by the given by
Courts to be the
suffering from person
Battered Woman attacked,
Syndrome (BWS) the one
do not incur any making
criminal or civil the
liability despite defense
absence of the had no
necessary part in
elements for the such
justifying provocati
circumstance of on.
self-defense in the
RPC. BWS is a Relative entitled
scientifically to the defense:
defined pattern of 1. spouse
psychological and 2. ascendan
behavioral ts
symptoms found 3. descenda
in women living in nts
battering 4. legitimate,
relationships as a natural or
result of adopted
cumulative abuse. brothers
and
sisters, or
relatives
Par. 2 Defense of
by affinity
Relative
in the
same
Elements: degrees
1. unlawful 5. relatives
by
aggressi consang
on uinity
Page 30 of 174
within (Avoidance of
the 4th Greater
civil Evil or Injury)
degree
Elements:
NOTE: The 1. evil
relative defended sought to
may be the be
original avoided
aggressor. All actually
that is required to exists
justify the act of 2. injury
the relative feared be
defending is that greater
he takes no part than that
in such done to
provocation. avoid it
3. no other
Par. 3 Defense of practical
and less
Stranger harmful
means of
Elements: preventin
1. unlawful g it
aggressio NOTE: The

n necessity must
not be due to the
(indispens negligence or
able violation of any
requireme law by the actor.
nt)
2. reasonabl
Par. 5
e
Fulfillment of
necessity
Duty or Lawful
of the
Exercise ofTIFF
means (Uncompressed)
QuickTime™
employed decompressor
to prevent a Right or
and a
or repel it Office are needed to

see this picture.
3. person
defending
be not Elements:
induced 1. accused
by acted in
revenge, the
resentme performan
nt or other ce of duty
evil or in the
motive lawful
exercise
Par. 4 State of of a right
Necessity or office
Page 31 of 174
2. the injury 3. means

caused or used by
offense subordina
committe te to carry
d be the out said
necessary order is
conseque lawful
nce of the
due NOTE: The
performan superior officer
ce of the giving the order
duty, or cannot invoke this
the lawful justifying
exercise circumstance.
of such Good faith is
right or material, as the
office. subordinate is not
liable for carrying
NOTE: The out an illegal
accused must order if he is not
prove that he was aware of its
duly appointed to illegality and he is
the position not negligent.
claimed he was
discharging at the General Rule:
time of the Subordinate
commission of the cannot invoke this
offense. It must circumstance
also be shown when order is
that the offense patently illegal.
committed was Exception:
the necessary When there is
consequence of compulsion of
such fulfillment of an irresistible
duty, or lawful force, or
exercise of a right under impulse
or office. of
uncontrollable
Par. 6 fear.
Obedience to a
Superior Order
ART. 12:
Elements: CIRCU
1. an order MSTAN
has been CES,
issued WHICH
2. order has EXEMP
a lawful T FROM
purpose CRIMIN
(not AL
patently LIABILI
illegal) TY
Page 32 of 174
EXEMPTING to Art.11(4) EXCEPT as to

CIRCUMSTANCE (state of Art. 12(4) (injury
S – grounds for necessity) by mere
exemption from accident) and
punishment (7) (lawful
because there is cause)
wanting in the
agent of the crime
any of the Par. 1 Imbecility
conditions which or Insanity
make the act
voluntary or
IMBECILE – one
negligent.
while advanced in
age has a mental
Basis: The development
exemption from comparable to
punishment is that of children
based on the between 2 and 7
complete absence years old. He is
of intelligence, exempt in all
freedom of action, cases from
or intent, or on the criminal liability.
absence of
negligence on the INSANE – one
part of the who acts with
accused. complete
deprivation of
Burden of proof: intelligence/reaso
Any of the n or without the
circumstances is least discernment
a matter of or with total
defense and must deprivation of
be proved by the freedom of will.
defendant to the Mere
satisfaction of the abnormality of
court. the mental
faculties will not
Justifying exclude
Who/ Act imputability.
what
is General Rule:
affected? Exempt from
Nature of act is criminal
act considered legal liability
Existence None Exception:
The act was
of a
done during
crime
a lucid
interval.
Liability No criminal and
civil liability BUT
NOTE: Defense
there is must prove that
civil liability as
the accused was
Page 33 of 174
t
insane at the time h
of the commission i
s
of the crime
p
because the i
c
presumption is t
always in favor of u
r
sanity. e
.
NOTE: Such
Par. 2 Under
minor must have
Nine Years of
acted without
Age
discernment to be
Requisite: exempt. If with
Offender is under discernment, he is
9 years of age at criminally liable.
the time of the
commission of the Presumption:
crime. There is The minor
absolute criminal committed the
irresponsibility in crime without
the case of a discernment.
minor under 9
years of age. DISCERNMENT –
mental capacity
NOTE: Under to fully appreciate
R.A. 9344 or the the consequences
Juvenile Justice of the unlawful
And Welfare Act a act, which is
minor 15 years shown by the:
and below is 1. manner
exempt the crime
from criminal was
liability committe
d
2. conduct
Par. 3 Person
Over 9 and of the
Under 15 offender
Acting after its
commissi
Without
on
DiscernmentTIF
F (Uncompressed)
decompressor
QuickTime™
NOTE: Under
and a
R.A. 9344 a
a
r minor over 15
e but but below
n 18 who acted
e
e without
d
e
discernment
d is exempt
t from criminal
o
liability
s
e
e
Page 34 of 174
Par. 4 Accident third

without fault or person.
intention of
causing it NOTE: Force
must be
Elements: irresistible so as
1. A person to reduce the
is performing individual to a
a lawful act mere instrument.
2. with due
care
3. He Par. 6
causes injury Uncontrollable
to another by
mere accident Fear
4. Without
fault or
intention of UNCONTROLLA
causing it. BLE FEAR –
offender employs
intimidation or
Par. 5 Irresistible threat in
Force compelling
another to commit
IRRESISTIBLE a crime.
FORCE – DURESS – use of
offender uses violence or
violence or physical force
physical force to
compel another Elements:
person to commit 1. The threat
a crime. which
causes
Elements: the fear is
1. The of an evil
compulsio greater
n is by than, or at
means of least
physical equal to,
force. that which
2. The he is
physical required
force to
must be commit.
irresistible 2. It
. promises
3. The an evil of
physical such
force gravity
must and
come imminenc
from a e that an
ordinary
Page 35 of 174
man future injury is not

would enough.
have
succumbe
d to it.
NOTE: Duress to
be a valid defense
should be based
on real, imminent
or reasonable fear
for one’s life or
limb. It should not
be inspired by
speculative,
fanciful or remote
fear. A threat of
Page 36 of 174
capturing the and himself becomes a

lawbreaker in the co-principal
ACTUS ME INVITO FACTUS NON EST MEUS execution of his
ACTUS – Any act done by me against my will is not criminal plan.
my act. NOT a bar Accused will be acquitted
to
PAR 7. Insuperable Cause accused’s
prosecution and
INSUPERABLE CAUSE – some motive, which has conviction
lawfully, morally or physically prevented a person NOT an absolutory Absolutory cause
to do what the law commands cause
Elements:
1. An act is required by law to be done.
2. A person fails to perform such act.
3. His failure to perform such act was due to Chapter Three
some lawful or insuperable cause. CIRCUMSTANCES WHICH MITIGATE
CRIMINAL
Ex: LIABILITY
1. A priest can’t be compelled to reveal what
was confessed to him.
2. No available transportation – officer not liable
for arbitrary detention Privileged Ordinary
3. Mother who was overcome by severe Mitigating Mitigating
dizziness and extreme debility, leaving child
Offset by any Cannot be offset Can be offset
to die – not liable for infanticide (People v.
aggravating by a generic
Bandian, 63 Phil 530)
circumstance aggravating
circumstance
ABSOLUTORY CAUSES – where the act committed
is a crime but for some reason of public policy and Effect on Effect of imposing If not offset, has
sentiment, there is no penalty imposed. Exempting penalty the penalty by 1 or the effect of
and justifying circumstances are absolutory causes. 2 degrees lower imposing the
Examples of such other circumstances are: than that provided minimum period
1. spontaneous desistance (Art. 6) by law of the penalty
2. accessories exempt from criminal liability (Art. Kinds Minority, Those
20) (Sources) Incomplete Self- circumstances
3. Death or physical injuries inflicted under defense, two or enumerated in
exceptional circumstances (Art. 247) more mitigating paragraph 1 to
4. persons exempt from criminal liability from circumstance 10 of
theft, swindling, malicious mischief (Art 332) without any Article 13
5. instigation aggravating
circumstance (has
NOTE: Entrapment is NOT an absolutory cause. A the effect of
buy-bust operation conducted in connection with lowering the
illegal drug-related offenses is a form of entrapment. penalty by one
TIFF (Uncompressed) decompressorQuickTime™ and a
are needed to see this picture.
degree). Art. 64,
Entrapment Instigation 68 and 69
The ways and Instigator practically
means are resorted induces the would-be
to for the purpose accused into the Age Criminal Responsibility/ Effect
of trapping and commission of the offense
Page 37 of 174
≤ 15years Absolute irresponsibility,

exempting circumstance NOTE: Age of accused is determined by his age at
* as amended by RA 9344 the date of commission of crime, not date of trial.
15 < and < Conditional responsibility
18 Without discernment – not Par. 3 No Intention to Commit so Grave a
criminally liable Wrong
With discernment – criminally
NOTE: Can be used only when the proven facts
liable QuickTime™ and a
* as amended by RA 9344 TIFF (Uncompressed) decompressor show that
Minor Sentence is suspended there is a notable and evident disproportion are needed
delinquent to see this picture. between the means employed to
18 ≤ and ≤ Full responsibility execute the criminal act and its consequences.
70
> 70 Mitigated responsibility, no Factors that can be considered are:
imposition of death penalty, 1. weapon used
execution of death sentence 2. injury inflicted
may be suspended and 3. part of the body injured
commuted 4. mindset of offender at the time of
commission of crime
This provision addresses the intention of the
offender at the particular moment when the
offender executes or commits the criminal act, not
ART. 13: MITIGATING CIRCUMSTANCES
to his intention during the planning stage
NOTE: In crimes against persons – if victim does

MITIGATING CIRCUMSTANCES – those which if
not die, the absence of the intent to kill reduces the
present in the commission of the crime reduces the
felony to mere physical injuries. It is not considered
penalty of the crime but does not erase criminal
as mitigating. It is mitigating only when the victim
liability nor change the nature of the crime
dies.
NOTE: It is not applicable to felonies by negligence

NOTE: A mitigating circumstance arising from a
because in felonies through negligence, the
single fact absorbs all the other
offender acts without intent. The intent in
mitigating circumstances arising from that
intentional felonies is replaced by negligence or
same fact.
imprudence. There is no intent on the part of the
offender, which may be considered as diminished
Par. 1 Incomplete Justifying or Exempting
Circumstances
Par. 4 Provocation or Threat
NOTE: This applies when not all the requisites are
present. Provocation – any unjust or improper conduct or
If two requisites are present, it is considered a act of the offended party, capable of exciting,
privileged mitigating circumstance. However, in inciting or irritating anyone.
reference to Art.11(4) if any of the last two requisites Provocation Vindication
is absent, there is only an ordinary mitigating
Made directly only to
Grave offense may be
circumstance. Remember though, that in selfdefense,
the also
person against the
defense of relative or stranger, unlawful aggression
committing offender’s
the
must always be present as it is an indispensable
requirement. felony relatives mentioned by
law
Cause that brought Offended party must
Par. 2 Under 18 or Over 70 Years Old about the have done a grave
Page 38 of 174
provocation need not offense to the offender him

be a grave or his relatives
offense NOTE: Act must have been committed not in the
Necessary that May be proximate. Time spirit of lawlessness or revenge; act must come
provocation or threat interval allowed from lawful sentiments.
immediately
preceded Act, Which Gave Rise To Passion And
the act. No time Obfuscation:
interval 1. That there be an act, both unlawful and
unjust
Requisites: 2. The act be sufficient to produce a condition
1. provocation must be sufficient of mind
2. it must originate from the offended party 3. That the act was proximate to the criminal
3. must be immediate to the commission of the act, not admitting of time during which the
crime by the person who is provoked perpetrator might recover his normal
equanimity
NOTE: Threat should not be offensive and positively 4. The victim must be the one who caused
strong. Otherwise, it would be an unlawful aggression, the passion or obfuscation
which may give rise to self-defense and thus no NOTE: Passion and obfuscation cannot co-exist
longer a mitigating circumstance. with TIFF (Uncompressed) decompressorQuickTime™ and a
are needed to see this picture. treachery
since this means that the offender had time to

ponder his course of action.
PASSION & OBFUSCATION IRRESISTIBLE

FORCE
Par. 5 Vindication of Grave Offense Mitigating Exempting
No physical force needed Requires
physical force
Requisites: From the offender himself Must come from
1. a grave offense done to the one committing a
the felony, his spouse, ascendants, 3rd person
descendants, legitimate, natural or adopted
brothers or sisters or relatives by affinity Must come from lawful Unlawful
within the same degrees sentiments
2. the felony is committed in immediate
vindication of such grave offense PASSION & PROVOCATION
OBFUSCATION
NOTE: “Immediate” allows for a lapse of time, as long Produced by an impulse Comes from injured
as the offender is still suffering from the mental agony which may be caused by party
brought about by the offense to him. provocation
(proximate time, not just immediately after) Offense which engenders Immediately
perturbation of mind need precede the
not be immediate. It is only commission of the
Par. 6 Passion or Obfuscation required that the influence crime
thereof lasts until the crime
is committed
Requisites: Effect is loss of reason and Same
1. offender acted upon an impulse selfcontrol on the part of
2. the impulse must be so powerful that it the offender
naturally produced passion or obfuscation in
Page 39 of 174
Plea to the offense charged in the

Par. 7 Surrender and Confession of Guilt amended info, lesser than that charged in
the original info, is Mitigating
Circumstance.
VOLUNTARY VOLUNTARY
SURRENDER PLEA OF GUILT Par. 8 Physical Defect of Offender
Requisites: 1.offender not 1. offender
actually spontaneously
arrested confessed his The offender is deaf and dumb, blind or otherwise
2.offender guilt suffering from some physical defect, restricting his
surrendered 2. confession means of action, defense or communication with
to person in was made in others.
authority open
3.surrender court, that is, NOTE: The physical defect must relate to the
was before the offense committed.
voluntary competent court
that is to try the
case Par. 9 Illness of the Offender
3. confession
of guilt was
made prior to Requisites:
the presentation 1. The illness of the offender must diminish
of the evidence the exercise of his will-power.
for the 2. Such illness should not deprive the
prosecution offender of consciousness of his acts.
WHEN SURRENDER VOLUNTARY Par. 10 Similar and Analogous Circumstances

- must be spontaneous, showing the intent of the
accused to submit himself unconditionally to the
authorities, either because: Examples Not examples
1. he acknowledges his guilt; or
defendant who is 60 years killing the
2. he wishes to save them the trouble and
old with failing eyesight is wrong
expense necessarily incurred in his search
similar to a case of one over person
and capture.
70 yrs old
outraged feeling of owner of not resisting
ime™ and a
NOTE: If both are present, considered as two TIFF (UncompressQuickT
independent mitigating circumstances. Further arrest is
animal taken for ransom is ed) decompressor
are
mitigates penalty. needed to s ee this picture.

analogous to not the same as
vindication of grave offense
NOTES: voluntary
plea made after arraignment and after trial surrender
has begun does not entitle accused to the impulse of jealous feeling, running amuck is
mitigating circumstance similar to passion and not mitigating
If accused pleaded not guilty, even if during obfuscation
arraignment, he is entitled to mitigating voluntary restitution of
circumstance as long as he withdraws his property, similar to voluntary
plea of not guilty to the charge before the surrender
fiscal could present his evidence. extreme poverty, similar to
Plea to a lesser charge is not a Mitigating incomplete justification based
Circumstance because to be such, the plea of on state of necessity
guilt must be to the offense charged.
Page 40 of 174
CHAPTER FOUR
CIRCUMSTANCES WHICH AGGRAVATE
CRIMINAL LIABILITY
AGGRAVATING CIRCUMSTANCES – Those which,

if attendant in the commission of the crime, serve to
have the penalty imposed in its maximum period
provided by law for the offense or those that change
the nature of the crime.
BASIS: The greater perversity of the offender

manifested in the commission of the felony as shown
by:
1. the motivating power itself,
2. the place of the commission,
3. the means and ways employed
4. the time, or
5. the personal circumstances of the offender, or
the offended party.
KINDS OF AGGRAVATING CIRCUMSTANCES:

1. Generic - those which apply to all crimes
2. Specific - those which apply only to specific
crimes,
3. Qualifying - those that change the nature of
the crime
4. Inherent - which of necessity accompany the
commission of the crime, therefore not
considered in increasing the penalty to be
imposed
5. Special - those which arise under special
conditions to increase the penalty of the
offense and cannot be offset by mitigating
circumstances
GENERIC QUALIFYING
AGGRAVATING AGGRAVATING
CIRCUMSTANCE CIRCUMSTANCE
EFFECT : When not set EFFECT: Gives the
off by any mitigating crime its proper and
circumstance, exclusive name and
Increases the penalty places the author of
which should be the crime in such a
imposed upon the situation as to
accused to the deserve no other
Page 41 of 174
maximum period but penalty than that shall serve to aggravate the liability of only those
without exceeding the specially prescribed persons who had knowledge of them at the time
limit prescribed by law by law for said crimes of the execution of the act or their cooperation
(People v. Bayot, therein. Except when there is proof of conspiracy
64Phil269, in which case the act of one is deemed to be the
273) act of all, regardless of lack of knowledge of the
If not alleged in the To be considered as facts constituting the circumstance. (Art. 62, par.
information, a such, MUST be 4)
qualifying aggravating alleged in the
circumstance will be information 5. Aggravating circumstances, regardless of its kind,
considered generic should be specifically alleged in the information
May be offset by a Cannot be offset by a AND proved as fully as the crime itself in order to
mitigating circumstance. mitigating increase the penalty. (Sec. 9, Rule 110, 2000
circumstance Rules of Criminal Procedure)
RULES ON AGGRAVATING CIRCUMSTANCES: 6. When there is more than one qualifying

1. Aggravating circumstances shall NOT be aggravating circumstance present, one of them
appreciated if: will be appreciated as qualifying aggravating
a) They constitute a crime specially while the others will be considered as generic
punishable by law, or aggravating.
b) It is included by the law in defining a crime
ART. 14: AGGRAVATING CIRCUMSTANCES
with a penalty prescribed, and therefore
shall not be taken into account for the
purpose of increasing the penalty.
Ex: “That the crime be committed by means of … Par. 1. That advantage be taken by the offender of
fire,…explosion” (Art. 14, par. 12) is in itself a his public position
crime of arson (Art. 321) or a crime involving
destruction (Art. 324). It is not to be considered to Requisites:
increase the penalty for the crime of arson or for 1. Offender is public officer
the crime involving destruction. 2. Public officer must use the influence,
prestige, or ascendancy which his office
2. The same rule shall apply with respect to any gives him as means to realize criminal
aggravating circumstance inherent in the crime to purpose
such a degree that it must of necessity
accompany the commission thereof(Art.62, par.2) It is not considered as an aggravating
circumstance where taking advantage of official
3. Aggravating circumstances which arise: position is made by law an integral element of the
a) From the moral attributes of the offender; crime or inherent in the offense,
b) From his private relations with the offended Ex: malversation (Art. 217), falsification of a
party; or document committed by public officers (Art.
c) From any personal cause, 171).
When the public officer did not take advantage of
shall only serve to aggravate the liability of the the influence of his position, this aggravating
principals, accomplices and accessories as to circumstance is not present
whom such circumstances are attendant. QuickTime™ NOTE : Taking advantage of a public position is
also inherent in the case of accessories under
and a (Art.
Art. 19, par. 3 (harboring, concealing, or assisting
62, par. 3) TIFF (Uncompressed) decompressorare needed to see this picture. in the escape of the principal of the crime), and in
crimes committed by public officers (Arts.
4. The circumstances which consist : 204245).
a) In the material execution of the act, or
b) In the means employed to accomplish it, Par. 2. That the crime be committed in contempt
of or with insult to public authorities
Page 42 of 174
QuickTime™ and a considered as
Requisites: one aggravating circumstance. TIFF (Uncompressed)

decompressor
1. That the public authority is engaged in the are needed to see this picture.
exercise of his functions. 2. Rank, age, sex may be taken into account
2. That he who is thus engaged in the exercise only in crimes against persons or honor, they
of said functions is not the person against cannot be invoked in crimes against property.
whom the crime is committed. 3. It must be shown that in the commission of
3. The offender knows him to be a public the crime the offender deliberately intended
authority. to offend or insult the sex, age and rank of
4. His presence has not prevented the offender the offended party.
from committing the criminal act.
RANK – The designation or title of distinction used to
PERSON IN AUTHORITY – public authority, or fix the relative position of the offended party in
person who is directly vested with jurisdiction and has reference to others (There must be a difference in the
the power to govern and execute the laws Ex: social condition of the offender and the offended
1. Governor party).
2. Mayor
3. Barangay captain/ chairman AGE – may refer to old age or the tender age of the
4. Councilors victim.
5. Government agents
6. Chief of Police SEX– refers to the female sex, not to the male sex.
NOTE: A teacher or professor of a public or The AC of disregard of rank, age, or sex is not
recognized private school is not a “public authority applicable in the following cases:
within the contemplation of this paragraph. While he 1. When the offender acted with passion and
is a person in authority under Art. 152, that status is obfuscation.
only for purposes of Art. 148 (direct assault) and Art. 2. When there exists a relationship between the
152 (resistance and disobedience). offended party and the offender.
3. When the condition of being a woman is
The crime should not be committed against the indispensable in the commission of the crime.
public authority (otherwise it will constitute direct (Ex: in parricide, abduction, seduction
assault under Art.148) and rape)
This is NOT applicable when committed in the
presence of a mere agent. People vs. Lapaz, March 31, 1989
Disregard of sex and age are not absorbed in
AGENT – subordinate public officer charged w/ the treachery because treachery refers to the manner of
maintenance of public order and protection and the commission of the crime, while disregard of sex
security of life and property and age pertains to the relationship of the victim.
Ex: barrio vice lieutenant, barrio councilman
DWELLING – must be a building or structure
Par. 3. That the act be committed: exclusively used for rest and comfort (combination of
1. with insult or in disregard of the respect house and store not included), may be temporary as
due the offended party on account of his in the case of guests in a house or bedspacers. It
(a)rank, (b) age, or (c) sex or includes dependencies, the foot of the staircase and
the enclosure under the house
2. that it be committed in the dwelling of the
offended party, if the latter has not given NOTES:
provocation The aggravating circumstance of dwelling
requires that the crime be wholly or partly
Rules regarding par 3(1): committed therein or in any integral part thereof.
1. These circumstances shall only be Dwelling does not mean the permanent residence
or domicile of the offended party or that he must
Page 43 of 174
be the owner thereof. He must, however, be

actually living or dwelling therein even for a However, dwelling is aggravating in robbery with
temporary duration or purpose. violence against or intimidation of persons
It is not necessary that the accused should have because this class of robbery can be committed
actually entered the dwelling of the victim to without the necessity of trespassing the sanctity
commit the offense; it is enough that the victim of the offended party’s house.
was attacked inside his own house, although the QuickTime™ and a
TIFF (Uncompressed) decompressor
assailant may have devised means to perpetrate
3. In the crime of trespass to dwelling, it is are
the assault from without.
needed to see this picture. inherent or included by law in
defining the crime.

What aggravates the commission of the crime in
one’s dwelling:
4. When the owner of the dwelling gave
1. The abuse of confidence which the offended
sufficient and immediate provocation.
party reposed in the offender by opening the
There must exist a close relation between the
door to him; or
provocation made by the victim and the
2. The violation of the sanctity of the home by
commission of the crime by the accused.
trespassing therein with violence or against
the will of the owner.
5. The victim is not a dweller of the house.
Meaning of provocation in the aggravating
circumstance of dwelling: Par. 4. That the act be committed with:
The provocation must be: 1. abuse of confidence or
1. Given by the owner of the dwelling, 2. obvious ungratefulness
2. Sufficient, and
3. Immediate to the commission of the crime. There are two aggravating circumstances present
under par.4 which must be independently
appreciated if present in the same case
NOTE: If all these conditions are present, the
While one may be related to the other in the
offended party is deemed to have given the
factual situation in the case, they cannot be
provocation, and the fact that the crime is committed
lumped together. Abuse of confidence requires a
in the dwelling of the offended party is NOT an
special confidential relationship between the
aggravating circumstance.
offender and the victim, while this is not required
REASON: When it is the offended party who has
for there to be
provoked the incident, he loses his right to the
respect and consideration due him in his own obvious ungratefulness
house.
Requisites Of Abuse Of Confidence:
1. That the offended party had trusted the
Dwelling is not aggravating in the following offender.
cases: 2. That the offender abused such trust by
1. When both the offender and the offended committing a crime against the offended
party are occupants of the same house, and party.
this is true even if offender is a servant in the 3. That the abuse of confidence facilitated the
house. commission of the crime.
exception: In case of adultery in the
conjugal dwelling, the same is NOTE: Abuse of confidence is inherent in
aggravating. However, if the paramour malversation (Art. 217), qualified theft (Art. 310),
also dwells in the conjugal dwelling, the estafa by conversion or misappropriation (Art. 315),
applicable aggravating circumstance is and qualified seduction (Art. 337).
abuse of confidence.
Requisites of obvious ungratefulness:
2. When robbery is committed by the use of 1. That the offended party had trusted the
force upon things, dwelling is not aggravating offender;
because it is inherent.
Page 44 of 174
2. That the offender abused such trust by Cemeteries, however respectable they may be,
committing a crime against the offended are not considered as place dedicated to the
party. worship of God.
3. That the act be committed with obvious
ungratefulness. Par. 6. That the crime be committed
(1) in the nighttime, or
NOTE: The ungratefulness contemplated by par. 4 (2) in an uninhabited place, or (3)
must be such clear and manifest ingratitude on the by a band, whenever such circumstance
part of the accused. may facilitate
the commission of the offense
Par. 5. That the crime be committed in the
palace of the Chief Executive, or in his NOTE: When present in the same case and their
presence, or where public authorities are element are distinctly palpable and can subsist
engaged in the discharge of their duties, or independently, they shall be considered separately.
QuickTime™ and a
in a place dedicated to religious worship.
When nighttime, uninhabited place or bandare needed to

Actual performance of duties is not necessary
when crime is committed in the palace or in the
see this picture.
aggravating:
presence of the Chief Executive 1. When it facilitated the commission of the
crime; or
Requisites Regarding Public Authorities: 2. When especially sought for by the offender to
1. crime occurred in the public office insure the commission of the crime or for the
2. public authorities are actually performing their purpose of impunity; or
public duties 3. When the offender took advantage thereof for
the purpose of impunity
PAR. 5. Where public PAR. 2. Contempt or
authorities are engaged insult to public NIGHTTIME (obscuridad) – that period of darkness
in the discharge of their authorities beginning at the end of dusk and ending at dawn.
duties
FOR BOTH, Public authorities are in the performance Commission of the crime must begin and be
of their duties accomplished in the nighttime. When the place of
Place where public duty is performed the crime is illuminated by light, nighttime is not
In their office. Outside of their office. aggravating. It is not considered aggravating
when the crime began at daytime.
The offended party Nighttime is not especially sought for when the
May or may not be the Public authority should notion to commit the crime was conceived of
public authority not be the offended shortly before commission or when crime was
party committed at night upon a casual encounter
However, nighttime need not be specifically
Requisites (Place Dedicated To Religious sought for when (1) it facilitated the commission
Worship): of the offense, or (2) the offender took advantage
1. The crime occurred in a place dedicated to of the same to commit the crime
the worship of God regardless of religion A bare statement that crime was committed at
2. The offender must have decided to commit night is insufficient. The information must allege
the crime when he entered the place of that nighttime was sought for or taken
worship advantage of, or that it facilitated the crime
Except for the third which requires that official GENERAL RULE: Nighttime is
functions are being performed at the time of the absorbed in treachery.
commission of the crime, the other places EXCEPTION: Where both the treacherous mode
mentioned are aggravating per se even if no of attack and nocturnity were deliberately decided
official duties or acts of religious worship are upon in the same case, they can be considered
being conducted there.
Page 45 of 174
separately if such circumstances have different 2. The offender took advantage of the state of
factual bases. Thus: confusion or chaotic condition from such
In People vs. Berdida, et. al. (June 30, 1966), misfortune
nighttime was considered since it was purposely
sought, and treachery was further appreciated If the offended was PROVOKED by the offended
because the victim’s hands and arms were tied party during the calamity/misfortune, this
together before he was beaten up by the aggravating circumstance may not be taken into
accused. consideration.
In People vs. Ong, et. al. (Jan. 30, 1975), there
was treachery as the victim was stabbed while Par. 8.That the crime be committed with the aid of
lying face up and defenseless, and nighttime was 1. armed men or
considered upon proof that it facilitated the 2. persons who insure or afford impunity
commission of the offense and was taken
advantage of by the accused. Requisites:
1. That armed men or persons took part in the
UNINHABITED PLACE (despoblado) – one where commission of the crime, directly or indirectly.
there are no houses at all, a place at a considerable 2. That the accused availed himself of their aid
distance from town, where the houses are scattered or relied upon them when the crime was
at a great distance from each other committed. TIFF (Uncompressed) decompressorQuickTime™ and a
Solitude must be sought to better attain the

criminal purpose NOTE: This aggravating circumstance requires that
What should be considered here is whether in the the armed men are accomplices who take part in a
place of the commission of the offense, there was minor capacity directly or indirectly, and not when
a reasonable possibility of the victim receiving they were merely present at the crime scene. Neither
some help. should they constitute a band, for then the proper
aggravating circumstance would be cuadrilla.
BAND (en cuadrilla) – whenever there are more than
3 armed malefactors that shall have acted When This Aggravating Circumstance Shall Not
together in the commission of an offense Be Considered:
1. When both the attacking party and the party
NOTE: There must be four or more armed men attacked were equally armed.
2. When the accused as well as those who
If one of the four-armed malefactors is a principal cooperated with him in the commission of the
by inducement, they do not form a band because crime acted under the same plan and for the
it is undoubtedly connoted that he had no direct same purpose.
participation. 3. When the others were only “casually present”
“By a band” is aggravating in crimes against and the offender did not avail himself of any
property or against persons or in the crime of of their aid or when he did not knowingly
illegal detention or treason but does not apply to count upon their assistance in the
crimes against chastity commission of the crime
“By a band” is inherent in brigandage
This aggravating circumstance is absorbed in the Par. 6 “By a band” Par. 8. “With the aid of
circumstance of abuse of superior strength armed men”
Par. 7. That the crime be committed on the As to their number

occasion of a conflagration, shipwreck, Requires more than three At least two
earthquake, epidemic or other calamity or armed malefactors (i.e.,
misfortune. at least four)
Requisites:
1. The crime was committed when there was a As to their action
calamity or misfortune
Page 46 of 174
Requires that more than This circumstance is Amnesty extinguishes the penalty and its effects.
three armed malefactors present even if one of the However, pardon does not obliterate the fact that
shall have acted together offenders merely relied on the accused was a recidivist. Thus, even if the
in the commission of an their aid, for actual aid is accused was granted a pardon for the first
offense. not necessary. offense but he commits another felony embraced
in the same title of the Code, the first conviction
is still counted to make him a recidivist
If there are four armed men, aid of armed men is
absorbed in employment of a band. If there are
Being an ordinary aggravating circumstance,
three armed men or less, aid of armed men may
recidivism affects only the periods of a penalty,
be the aggravating circumstance.
except in prostitution and vagrancy (Art. 202) and
“Aid of armed men” includes “armed women.”
gambling (PD 1602) wherein recidivism increases
the penalties by degrees. No other generic
aggravating circumstance produces this effect
Par. 9. That the accused is a recidivist
In recidivism it is sufficient that the succeeding
RECIDIVIST – one who at the time of his trial for one offense be committed after the commission of the
crime, shall have been previously convicted by final preceding offense provided that at the time of his
judgment of another crime embraced in the same title trial for the second offense, the accused had
of the RPC. already been convicted of the first offense.
Requisites: If both offenses were committed on the same

1. That the offender is on trial for an offense; date, they shall be considered as only one,
2. That he was previously convicted by final hence, they cannot be separately counted in
judgment of another crime; order to constitute recidivism. Also, judgments of
3. That both the first and the second offenses convicted handed down on the same day shall be
are embraced in the same title of the Code; considered as only one conviction.
4. That the offender is convicted of the new REASON: Because the Code requires that to be
offense. considered as separate convictions, at the time of
QuickTime™ and a
MEANING OF “at the time of his trial for one are needed to see this picture.
crime.” his trial for one crime the accused shall have
It is employed in its general sense, including the been previously convicted by final judgment of
rendering of the judgment. It is meant to include the other.
everything that is done in the course of the trial, from
arraignment until after sentence is announced by the
Par. 10. That the offender has been previously
judge in open court.
punished for an offense to which the law
attaches an equal or greater penalty or for
What is controlling is the TIME OF THE TRIAL, two or more crimes to which it attaches a
not the time of the commission of the offense. lighter penalty.
GENERAL RULE: To prove recidivism, it is Requisites Of Reiteracion Or Habituality:

necessary to allege the same in the information and 1. That the accused is on trial for an offense;
to attach thereto certified copy of the sentences 2. That he previously served sentence for
rendered against the accused. another offense to which the law attaches an
Exception: If the accused does not object and a) Equal or
when he admits in his confession and on the
b) Greater penalty, or
witness stand.
c) For two or more crimes to which it
Recidivism must be taken into account no matter
attaches a lighter penalty than that
how many years have intervened between the
for the new offense; and
first and second felonies.
3. That he is convicted of the new offense
HABITUALITY RECIDIVISM
Page 47 of 174
As to the first offense If the same set of facts constitutes recidivism and
It is necessary that the It is enough that a reiteracion, the liability of the accused should be
offender shall have final judgment has aggravated by recidivism which can easily be
served out his been rendered in the proven.
sentence for the first first offense.
offense Par. 11. That the crime be committed in
As to the kind of offenses involved consideration of price, reward or promise.
The previous and Requires that the
Requisites:
subsequent offenses offenses be included
1. There are at least 2 principals:
must not be em braced in the same title of the
• The principal by inducement (one who
in the same title of the Code.
offers)
Code.
• The principal by direct participation
(accepts)
THE FOUR FORMS OF REPETITION ARE:
2. The price, reward, or promise should be
previous to and in consideration of the
1. Recidivism (par. 9, Art. 14) – Where a commission of the criminal act
person, on separate occasions, is convicted of
two offenses embraced in the same title in the
NOTE: The circumstance is applicable to both
RPC. This is a generic aggravating
principals .It affects the person who received the
circumstance.
price / reward as well as the person who gave it.
2. Reiteracion or Habituality (par. 10, Art. 14) If without previous promise it was given
– voluntarily after the crime had been committed as
Where the offender has been previously punished for an expression of his appreciation for the
an offense to which the law attaches an equal or sympathy and aid shown by the other accused, it
greater penalty or for two crimes to which it attaches should not be taken into consideration for the
a lighter penalty. This is a generic aggravating purpose of increasing the penalty.
circumstance.
The price, reward or promise need not consist of
3. Multi-recidivism or Habitual delinquency or refer to material things or that the same were
(Art. 62, par, 5) – Where a person within a period actually delivered, it being sufficient that the offer
of ten years from the date of his release or last made by the principal by inducement be accepted
conviction of the crimes of serious or less serious by the principal by direct participation before the
physical injuries, robbery, theft, estafa or commission of the offense.
falsification, is found guilty of the said crimes a
third time or oftener. This is an extraordinary
The inducement must be the primary
consideration for the commission of the crime.
4. Quasi-recidivism (Art. 160) – Where a
Par. 12. That the crime be committed by means of
person commits felony before beginning to serve
inundation, fire, poison, explosion, stranding
or while serving sentence on a previous
QuickTime™ and a
of a vessel or
conviction for a felony. This is a special
intentional damage thereto, are needed to see this picture.
derailment of a locomotive, or by use of any
Since reiteracion provides that the accused has artifice involving great waste and ruin
duly served the sentence for his previous
conviction/s, or is legally considered to have done The circumstances under this paragraph will only
so, quasi-recidivism cannot at the same time be considered as aggravating if and when they
constitute reiteracion, hence this aggravating are used by the offender as a means to
circumstance cannot apply to a quasi-recidivist. accomplish a criminal purpose
Page 48 of 174
When another aggravating circumstance already

qualifies the crime, any of these aggravating When the victim is different from that intended,
circumstances shall be considered as generic premeditation is not aggravating. However, if the
aggravating circumstance only offender premeditated on the killing of any
person, it is proper to consider against the
When used as a means to kill another person, the offender the aggravating circumstance of
crime is qualified to murder. premeditation, because whoever is killed by him
is contemplated in his premeditation.
PAR. 12 “by means of PAR. 7 “on the
inundation, fire, etc.” occasion of a Par. 14. That (1) craft, (2) fraud, or (3) disguise be
conflagration, employed.
shipwreck, etc.
The crime is committed The crime is committed Requisite
by means of any such on the occasion of a The offender must have actually used craft, fraud, or
acts involving great calamity or misfortune. disguise to facilitate the commission of the crime.
waste or ruin.
CRAFT (astucia) – involved the use of intellectual
trickery or cunning on the part of the accused. A
chicanery resorted to by the accused to aid in the
Par. 13. That the act be committed with evident execution of his criminal design. It is employed as a
premeditation scheme in the execution of the crime.
Requisites: FRAUD (fraude) – insidious words or machinations

The prosecution must prove – used to induce the victim to act in a manner which
1. The time when the offender determined to would enable the offender to carry out his design.
commit the crime;
2. An act manifestly indicating that the culprit
has clung to his determination; and FRAUD CRAFT
3. A sufficient lapse of time between the
Where there is a direct The act of the
determination and execution, to allow him to
reflect upon the consequences of his act and inducement by insidious accused done in
to allow his conscience to overcome the words or machinations, order not to arouse
resolution of his will. fraud is present. the suspicion of the
victim constitutes
Essence of premeditation: The execution of the craft.
criminal act must be preceded by cool thought and
reflection upon the resolution to carry out the criminal Craft and fraud may be absorbed in treachery if
intent during the space of time sufficient to arrive at a they have been deliberately adopted as the
calm judgment. means, methods or forms for the treacherous
strategy, or they may co-exist independently
To establish evident premeditation, it must be where they are adopted for a different purpose in
shown that there was a period sufficient to afford the commission of the crime.
full opportunity for meditation and reflection, a
time adequate to allow the conscience to Ex:
overcome the resolution of the will, as well as In People vs. San Pedro (Jan. 22, 1980), where
outward acts showing the intent to kill. It must be the accused pretended to hire the driver in order
shown that the offender had sufficient time to to get his vehicle, it was held that there was craft
reflect upon the consequences of his act but still directed to the theft of the vehicle, separate
persisted in his determination to commit the QuickTime™ and afrom the means
crime. (PEOPLE vs. SILVA, et. al., GR No. TIFF (Uncompressed) decompressor subsequently
140871, August 8, 2002) used to treacherously kill the are needed to see this
picture. defenseless driver.
Premeditation is absorbed by reward or promise.
Page 49 of 174
In People vs. Masilang (July 11, 1986) there generally accepted that the husband is physically
was also craft where after hitching a ride, the stronger than the wife.
accused requested the driver to take them to a
place to visit somebody, when in fact they had Abuse of superior strength is also present when
already planned to kill the driver. the offender uses a weapon which is out of
proportion to the defense available to the
DISGUISE (disfraz) – resorting to any device to offended party.
conceal identity.
The test of disguise is whether the device or

contrivance resorted to by the offender was
intended to or did make identification more
difficult, such as the use of a mask or false hair or
beard.
The use of an assumed name in the publication

of a libel constitutes disguise.
Par. 15. That (1) advantage be taken of superior

strength, or (2) means be employed to
weaken the defense.
Par. 15 contemplates two aggravating circumstances,

either of which qualifies a killing to murder.
MEANING OF “advantage be taken”:

To deliberately use excessive force that is out of
proportion to the means for self-defense available to
the person attacked. (PEOPLE vs. LOBRIGAS, et.
al., GR No. 147649, December 17, 2002)
No Advantage Of Superior Strength In The

Following:
1. One who attacks another with passion and
obfuscation does not take advantage of his
superior strength.
2. When a quarrel arose unexpectedly and the
fatal blow was struck at a time when the
aggressor and his victim were engaged
against each other as man to man.
TEST for abuse of superior strength: the

relative strength of the offender and his victim
and whether or not he took advantage of his
greater strength.
When there are several offenders participating in

the crime, they must ALL be principals by direct
participation and their attack against the victim
must be concerted and intended to be so.
Abuse of superior strength is inherent in the crime

of parricide where the husband kills the wife. It is
Page 50 of 174
“BY A “ABUSE OF TREACHERY – when the offender commits any of

BAND” SUPERIOR the crimes against the person, employing means,
STRENGTH” methods or forms in the execution thereof which tend
The element of The gravamen of directly and specially to insure its execution without
band is appreciated abuse of superiority risk to himself arising from the defense which the
when the offense is is the taking offended party might make.
committed by more advantage by the
than three armed culprits of their
Requisites:
malefactors collective strength to
1. That at the time of the attack, the victim was
regardless of the overpower their
not in a position to defend himself; and
comparative relatively weaker 2. That the offender consciously adopted the
strength of the victim or victims. particular means, method or form of attack
victim or victims. employed by him.
Hence, what is taken
into account here is TEST: It is not only the relative position of the parties
not the number of but, more specifically, whether or not the victim was
aggressors nor the forewarned or afforded the opportunity to make a
fact that they are defense or to ward off the attack.
armed, but their
relative physical Rules Regarding Treachery:
strength vis-a vis the 1. Applicable only to crimes against persons.
offended party. 2. Means, methods or forms need not insure
accomplishment of crime.
NOTE: Abuse of superior strength absorbs cuadrilla 3. The mode of attack must be consciously
(“band”). adopted.
MEANING OF “Means employed to weaken Treachery is taken into account even if the crime
defense” - the offender employs means that against the person is complexed with another
materially weaken the resisting power of the offended felony involving a different classification in the
party. Code. Accordingly, in the special complex crime
of robbery with homicide, treachery but can be
Ex: appreciated insofar as the killing is concerned.
1. Where one, struggling with another, suddenly
throws a cloak over the head of his opponent The suddenness of attack in itself does not
and while in this situation he wounds or kills constitute treachery, even if the purpose was to
him. kill, so long as the decision was made all of a
2. One who, while fighting with another, sudden and the victim’s helpless position was
suddenly casts sand or dirt upon the latter accidental.
eyes and then wounds or kills him.
3. When the offender, who had the intention to Treachery applies in the killing of a child even if
kill the victim, made the deceased the manner of attack is not shown.
intoxicated, thereby materially weakening the
latter’s resisting power. Treachery must be proved by clear and
NOTE: This circumstance is applicable only to TIFF convincing evidence
(Uncompressed) decompressorQuickTime™ and a crimes against
persons, and sometimes against are needed to see this picture. Treachery is considered against all the offenders
person and property, such as robbery with when there is conspiracy.
physical injuries or homicide.
WHEN MUST TREACHERY BE PRESENT:
Par. 16. That the act be committed with treachery 1. When the aggression is continuous,
(alevosia) treachery must be present in the beginning of
Page 51 of 174
the assault. (PEOPLE vs. MANALAD, GR 5. Aid of armed men

No. 128593, August 14, 2002) 6. Nighttime
Thus, even if the deceased was shot while he

was lying wounded on the ground, it appearing
that the firing of the shot was a mere continuation
of the assault in which the deceased was
wounded, with no appreciable time intervening TREACHERY ABUSE OF MEANS
between the delivery of the blows and the firing of SUPERIOR EMPLOYED
the shot, it cannot be said that the crime was STRENGTH TO
attended by treachery. WEAKEN
DEFENSE
2. When the assault was not continuous, in Means, Offender Means are
that there was interruption, it is sufficient methods or does not employed but it
that treachery was present at the moment forms are employ only materially
the fatal blow was given.
employed by means, weakens the
the offender to methods or resisting power
Hence, even though in the inception of the
make it forms of of the offended
aggression which ended in the death of the
impossible or attack, he party
deceased, treachery was not present, if there
hard for the only takes
was a break in the continuity of the aggression
and at the time of the fatal wound was inflicted on offended party advantage of
the deceased he was defenseless, the to put any sort his superior
circumstance of treachery must be taken into of resistance strength
account.
Par. 17. That means be employed or
Treachery Should Be Considered Even If: circumstances brought about which add
1. The victim was not predetermined but there ignominy to the natural effects of the act
was a generic intent to treacherously kill any
first two persons belonging to a class. (The IGNOMINY – is a circumstance pertaining to the
same rule obtains for evident premeditation). moral order, which adds disgrace and obloquy to the
material injury caused by the crime.
2. There was aberratio ictus and the bullet hit a
person different from that intended. (The rule MEANING OF “which add ignominy to the natural
is different in evident premeditation). effects thereof”
The means employed or the circumstances brought
3. There was error in personae, hence the about must tend to make the effects of the crime
victim was not the one intended by the more humiliating to victim or to put the offended party
accused. (A different rule is applied in evident to shame, or add to his moral suffering. Thus it is
premeditation). incorrect to appreciate ignominy where the victim was
already dead when his body was dismembered, for
REASON FOR THE RULE: When there is such act may not be considered to have added to the
treachery, it is impossible for either the intended victim’s moral suffering or humiliation. (People vs.
victim or the actual victim to defend himself Carmina, G.R. No. 81404, January 28, 1991)
against the aggression.
Applicable to crimes against chastity, less
TREACHERY ABSORBS: serious physical injuries, light or grave
coercion, and murder.
1. Craft
2. Abuse of superior strength
3. Employing means to weaken the defense Par. 18. That the crime be committed after an
unlawful entry.
4. Cuadrilla (“band”) TIFF (Uncompressed) decompressorQuickTime™
and a
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UNLAWFUL ENTRY - when an entrance is effected (1) with the aid of persons under fifteen (15) years
by a way not intended for the purpose. of age, or
(2) by means of motor vehicles, airships, or other
NOTE: Unlawful entry must be a means to effect similar means.
entrance and not for escape.
TWO DIFFERENT CIRCUMSTANCES GROUPED
REASON FOR AGGRAVATION: TIFF (Uncompressed) decompressorQuickTime™ and a IN THIS
One who acts, not respecting the walls erected by PARAGRAPH: are needed to see this picture.
men to guard their property and provide for their 1. With the aid of persons under fifteen years of
personal safety, shows a greater perversity, a greater age:
audacity; hence, the law punishes him with more Intends to repress, so far as possible, the
severity. frequent practice resorted to by professional
criminals to avail themselves of minors taking
Par. 19. That as a means to the commission of a advantage of their irresponsibility.
crime, a wall, roof, floor, door, or window be 2. By means of motor vehicles, airships, or other
broken. similar means:
Intended to counteract the great facilities
found by modern criminals in said means to
commit crime and flee and abscond once the
Applicable only if such acts were done by same is committed.
the offender to effect ENTRANCE. If the
wall, etc., is broken in order to get out of the Use of motor vehicle is aggravating where
place, it is not an aggravating circumstance. the accused purposely and deliberately used
the motor vehicle in going to the place of the
It is NOT necessary that the offender should crime, in carrying away the effects thereof,
have entered the building Therefore, If the and in facilitating their escape.
offender broke a window to enable himself to
reach a purse with money on the table near MEANING OF “or other similar means”
that window, which he took while his body
was outside of the building, the crime of theft Should be understood as referring to motorized
vehicles or other efficient means of transportation
was attended by this aggravating
similar to automobile or airplane.
circumstance.
PAR. 19 PAR. 18
Par. 21. That the wrong done in the commission
It involves the breaking Presupposes that there of the crime be deliberately augmented by
(rompimiento) of the is no such breaking as causing other wrong not necessary for its
enumerated parts of the by entry through the commission
house. window.
CRUELTY – there is cruelty when the culprit enjoys
NOTE: Breaking in is lawful in the following instances: and delights in making his victim suffer slowly and
1. An officer, in order to make an arrest, may gradually, causing unnecessary physical pain in the
break open a door or window of any building consummation of the criminal act.
in which the person to be arrested is or is
reasonably believed to be; Requisites:
2. An officer, if refused admittance, may break 1. That the injury caused be deliberately
open any door or window to execute the increased by causing other wrong;
search warrant or liberate himself, 2. That the other wrong be unnecessary for the
3. Replevin, Section 4, Rule 60 of the Rules of execution of the purpose of the offender.
Court
Cruelty is not inherent in crimes against persons.
Par. 20. That the crime be committed In order for it to be appreciated, there must be
positive proof that the wounds found on the body
Page 53 of 174
of the victim were inflicted while he was still alive 3. Descendant,

in order unnecessarily to prolong physical 4. Legitimate, natural, or adopted brother or
suffering. sister, or
Cruelty cannot be presumed 5. Relative by affinity in the same degree of the
If the victim was already dead when the acts of offender.
mutilation were being performed, this would also
qualify the killing to murder due to outraging of his Other Relatives Included (By Analogy):
corpse. 1. The relationship of stepfather or stepmother
and stepson or stepdaughter.
IGNOMINY (PAR.17) CRUELTY (PAR. 21) REASON: It is the duty of the stepparents
Involves MORAL Refers to PHYSICAL to bestow upon their
suffering suffering QuickTime™ and a stepchildren a
mother’s/father’s affection, TIFF (Uncompressed)

decompressor
¾ Unlike mitigating circumstances (par. 10, Art. are needed to see this picture.
13), there is NO provision for aggravating care and protection.

circumstances of a similar or analogous 2. The relationship of adopted parent and
character. adopted child.
NOTE: But the relationship of uncle and niece is not

CHAPTER FIVE ALTERNATIVE covered by any of the relationship mentioned.
CIRCUMSTANCES
When Relationship Mitigating And When

Aggravating:
ALTERNATIVE CIRCUMSTANCES – Those 1. As a rule, relationship is mitigating in crimes
which must be taken into consideration as against property, by analogy to the provisions of
Art. 332.
aggravating or mitigating according to the nature
Thus, relationship is mitigating in the crimes of
and effects of the crime and the other conditions robbery (Arts. 294-302), usurpation (Art.
attending its commission. 312), fraudulent insolvency (Art. 314) and
arson (Arts. 321-322, 325-326).
2. In crimes against persons –

ART.15 Concept of Alternative Circumstances a) It is aggravating where the offended party is
a relative of
BASIS: I. a higher degree than the offender, or
The nature and effects of the crime and the other II. when the offender and the offended party
conditions attending its commission. are relatives of the same level (e.g.
brothers)
THE ALTERNATIVE CIRCUMSTANCES ARE:
1. Relationship; b) But when it comes to physical injuries:
2. Intoxication; and i. It is aggravating when the crime
3. Degree of instruction and education of the involves serious physical injuries (Art.
offender. 263), even if the offended party is a
descendant of the offender. But the
RELATIONSHIP serious physical injuries must not be
The alternative circumstance of relationship shall be inflicted by a parent upon his child by
taken into consideration when the offended party is excessive chastisement.
the – ii. It is mitigating when the offense
1. Spouse, committed is less serious physical
2. Ascendant, injuries or slight physical injuries, if the
Page 54 of 174
offended party is a relative of a lower intoxication is established by satisfactory

degree. evidence, in the absence of proof to the
iii. It is aggravating if the offended party is contrary, it is presumed to be non-habitual or
a relative of a higher degree of the unintentional.
offender.
INSTRUCTION OR EDUCATION
c) When the crime is homicide or murder, As an alternative circumstance it does not
relationship is aggravating even if the victim refer only to literacy but more to the level of
of the crime is a relative of a lower degree. intelligence of the accused.
Refers to the lack or presence of sufficient
d) In rape, relationship is aggravating where a intelligence and knowledge of the full
stepfather raped his stepdaughter or in a significance of one’s acts.
case where a father raped his own daughter. Low degree of instruction and education
or lack of it is generally mitigating. High
3. In crimes against chastity, like acts of degree of instruction and education is
lasciviousness (Art. 336), relationship is always aggravating, when the offender took
aggravating, regardless of whether the offender advantage of his learning in committing the
is a relative of a higher or lower degree of the crime.
offended party.
GENERAL RULE: Lack of sufficient education is
When the qualification given to the crime is mitigating. TIFF (Uncompressed) decompressorQuickTime™ and a
derived from the relationship between the EXCEPTIONS: are needed to see this picture.
offender and the offended party, it is neither
1. Crimes against property (e.g. arson,
mitigating nor aggravating, because it is
estafa, theft, robbery)
inseparable from and inherent in the offense.
(e.g. parricide, adultery and concubinage). 2. Crimes against chastity, and
3. Treason – because love of country
should be a natural feeling of every
INTOXICATION
citizen, however unlettered or uncultured
he may be.
When Intoxication Mitigating And When
TITLE TWO
Aggravating:
1. Mitigating –
i. If intoxication is not habitual, or PERSONS CRIMINALLY LIABLE FOR
ii. If intoxication is not subsequent to the plan to FELONIES
commit a felony.
2. Aggravating – ART.16.WHO ARE CRIMINALLY LIABLE

i. If intoxication is habitual, or
ii. If it is intentional (subsequent to the plan to Note that accessories are not liable for
commit a felony). light felonies. REASON: In the
commission of light felonies, the social
To Be Entitled To The Mitigating Circumstance Of wrong as well as the individual
Intoxication, It Must Be Shown: prejudice is so small that penal
1. That at the time of the commission of the sanction is unnecessary.
criminal act, the accused has taken such
quantity of alcoholic drinks as to blur his The classification of the offenders as
reason and deprive him of a certain degree of principal, accomplice or an accessory
control, and is essential under the RPC. The
2. That such intoxication is not habitual, or classification maybe applied to special
subsequent to the plan to commit the felony. laws only if the latter provides for the
To be mitigating, the accused’s state of same graduated penalties as those
intoxication must be proved. Once provided under the RPC.
Page 55 of 174
There Are Two Parties In All Crimes:

1. Active subject (the criminal)
Art. 16 enumerates the active subjects
of the crime.
1. Passive subject (the injured
party)
Is the holder of the injured right: the
man, the juristic person, the group, and
the State.
Note: Only natural persons can be the
active subject of crime because of the
highly personal nature of the criminal
responsibility.
However, corporation and partnership

can be a passive subject of a crime.
GENERALLY: Corpses and animals

cannot be passive subjects because
they have no rights that may be injured.
EXCEPTION: Under Art. 253, the
crime of defamation may be
committed if the imputation tends to
blacken the memory of one who is
dead.
This article applies only when the

offenders are to be judged by their
individual, and not collective, liability.
Page 56 of 174
ART.17.PRINCIPALS 1. Spontaneous agreement at the moment of

the commission of the crime
THREE TYPES OF PRINCIPALS: 2. Active cooperation by all the offenders in the
1. Principal by DIRECT perpetration of the crime
PARTICIPATION 3. Contribution by positive acts to the realization
(par.1) of a common criminal intent
2. Principal by INDUCTION (par.2) 4. Presence during the commission of the crime
3. Principal by INDISPENSABLE by a band and lending moral support thereto.
COOPERATION (par.3) • While conspiracy may be implied from the
circumstances attending the commission of the
crime, it is nevertheless a rule that conspiracy
must be established by positive and conclusive
Par. 1 – Principals by direct participation evidence.
NOTES:
Requisites: Conspirator is not liable for the crimes of the
1. That they participated in the criminal resolution; others which are not the object of the conspiracy
and (conspiracy) 2. That they carried out their nor are logical or necessary consequences
plan and personally took part in its execution by thereof
acts which directly tended to the same end.
Regarding multiple rape – each rapist is liable for
NOTE: If the second element is missing, those who another’s crime because each cooperated in the
did not participate in the commission of the acts of commission of the rapes perpetrated by the
execution cannot be held criminally liable, unless the others
crime agreed to be committed is treason, sedition, EXCEPTION: in the crime of murder w/
coup d’ etat or rebellion. treachery – all the offenders must at least
know that there will be treachery in executing
MEANING OF “personally took part in its the crime or cooperate therein.
execution”
No such thing as conspiracy to commit an offense
That the principal by direct participation must through negligence. However, special laws may
be at the scene of the commission of the
make one a co-principal.
crime, personally taking part in its execution.
Under conspiracy, although he was not Conspiracy is negated by the acquittal of
present in the scene of the crime, he is codefendant.
equally liable as a principal by direct
participation.
Par. 2 – Principals by induction
Ex: One serving as guard pursuant to the
conspiracy is a principal by direct
participation Requisites:
1. That the inducement be made directly with
CONSPIRACY – there is unity of purpose and the intention of procuring the commission of
intention. the crime; and
2. That such inducement be the determining
How conspiracy is established: QuickTime™ and a cause of the commission of the crime by the
• It is proven by overt act and beyond reasonable material executor.
TIFF (Uncompressed) decompressorare needed to see this picture. doubt
• Mere knowledge or approval is insufficient One cannot be held guilty of having instigated the
• It is not necessary that there be formal agreement commission of the crime without first being shown
• Conspiracy is implied when the accused had a that the crime was actually committed (or
common purpose and were united in execution. attempted) by another.
• Unity of purpose and intention in the commission Thus, there can be no principal by inducement (or
of the crime may be shown in the following cases: by indispensable cooperation) unless there is a
Page 57 of 174
principal by direct participation. But there can be criminal act that without it, the act would not have
a principal by direct participation without a been performed. Mere imprudent advice is not
principal by inducement (or by indispensable inducement.
cooperation). If the person who actually committed the crime
had reason of his own to commit the crime, it
cannot be said that the inducement was influential
Two Ways Of Becoming Principal By Induction: 1. in producing the criminal act.
By directly forcing another to commit a crime by :
a) Using irresistible force. PRINCIPAL BY OFFENDER WHO
b) Causing uncontrollable fear. INDUCEMENT MADE PROPOSAL TO
In these cases, there is no conspiracy, not even a COMMIT A FELONY
unity of criminal purpose and intention. Only the In both
one using the force or causing the fear is
criminally liable. The material executor is not
criminally liable because of Art. 12, pars. 5 and 6 There is an inducement to commit a crime
(exempting circumstances)
When liable
2. By directly inducing another to commit a crime
by –
Becomes liable only The mere proposal to
a) Giving of price, or offering of reward or
when the crime is commit a felony is
promise.
committed by the punishable in treason or
The one giving the price or offering the rebellion. However, the
reward or promise is a principal by principal by direct
participation. person to whom the
inducement while the one committing the proposal is made should
crime in consideration thereof is a principal not commit the crime,
by direct participation. There is collective
criminal responsibility. Otherwise, the proponent
becomes a principal by
b) Using words of command inducement.
The person who used the words of command What kind of crime involved
is a principal by inducement while the
person who committed the crime because Involves any crime The proposal to be
of the words of command is a principal by punishable must involve
direct participation. There is also collective only treason or rebellion.
criminal responsibility.
Effects Of Acquittal Of Principal By Direct
Requisites for words of command to be Participation Upon Liability Of Principal By
considered inducement: Inducement:
1. Commander has the intention of procuring
the commission of the crime 1. Conspiracy is negatived by the acquittal of
2. Commander has ascendancy or influence codefendant.
3. Words used be so direct, so efficacious, so
powerful 2. One cannot be held guilty of having instigated the
4. Command be uttered prior to the commission commission of a crime without first being shown
5. Executor had no personal reason QuickTime™ and a that the crime has been actually committed by
TIFF (Uncompressed) decompressorare needed to see this picture. another.
But if the one charged as principal by direct
NOTE: Words uttered in the heat of anger and in the participation is acquitted because he acted
nature of the command that had to be obeyed do not without criminal intent or malice, his acquittal
make one an inductor. is not a ground for the acquittal of the
principal by inducement.
The inducement must precede the act induced
and must be so influential in producing the
Page 58 of 174
REASON FOR THE RULE: In exempting before the commission of the crime, or community
circumstances, such as when the act is not of criminal design, the criminal responsibility
voluntary because of lack of intent on the part arising from different acts directed against one
of the accused, there is a crime committed, and the same person is considered as individual
only that the accused is not a criminal. and not collective, and each of the participants is
liable only for the act committed by him.
Par. 3 – Principal by indispensable QUASI-COLLECTIVE criminal responsibility:
cooperation Some of the offenders in the crime are principals and
the others are accomplices.
Requisites:
ART.18.ACCOMPLICES–
1. Participation in the criminal resolution, that is,
there is either anterior conspiracy or unity of ACCOMPLICES - Persons who do not act as
criminal purpose and intention immediately principals but cooperate in the execution of the
before the commission of the crime charged; offense by previous and simultaneous acts, which are
and not indispensable to the commission of the crime.
2. Cooperation in the commission of the offense They act as mere instruments that perform acts not
by performing another act, without which it essential to the perpetration of the offense
would not have been accomplished.
Requisites: (the following must concur)
MEANING OF “cooperation in the commission of 1. That there be community of design; that is,
the offense” knowing the criminal design of the principal
by direct participation, he concurs with the
To desire or wish in common a thing. But that latter his purpose;
common will or purpose does not necessarily mean
previous understanding, for it can be explained or 2. That he cooperates in the execution of the
inferred from the circumstances of each case. offense by previous or simultaneous acts,
with the intention of supplying material or
NOTE: If the cooperation is not indispensable, the moral aid in the execution of the crime in an
offender is only an accomplice. efficacious way; and
3. That there be a relation between the acts
Collective Criminal Responsibility: done by the principal and those attributed to
This is present when the offenders are criminally the person charged as an accomplice.
liable in the same manner and to the same
extent. The penalty to be imposed must be the NOTES:
same for all. Before there could be an accomplice, there
Principals by direct participation have collective must be a principal by direct participation.
criminal responsibility. Principals by induction,
(except those who directly forced another to The person charged as an accomplice should
commit a crime) and principals by direct not have inflicted a mortal wound. If he inflicted
participation have collective criminal a mortal wound, he becomes a principal by
responsibility. Principals by indispensable direct participation.
cooperation have collective criminal
responsibilities with the principals by direct In case of doubt, the participation of the
participation. offender will be considered that of an
accomplice rather than that of a principal.
Individual Criminal Responsibility:TIFF (Uncompressed)
decompressorQuickTime™ and a
are needed to see this picture. ART.19.ACCESSORIES
In the absence of any previous conspiracy, unity
of criminal purpose and intention immediately Accessories are those who:
Page 59 of 174
1. having knowledge of the commission of the Trial of accessory may proceed without awaiting
crime, and QuickTime™ and a
2. without having participated therein either as the result of the separate charge against the TIFF
principals or accomplices, take part (Uncompressed) decompressorare needed to see this picture. principal
subsequent to its commission in any of the because the criminal responsibilities are distinct
following acts: from each other
a. By profiting themselves or assisting the
offender to profit by the effects of the
Two classes of accessories contemplated in par.
crime.
3 of art. 19
b. Assisting the offender to profit by the
effects of the crime. 1. PUBLIC officers, who harbor, conceal or
c. By concealing or destroying the body of assist in the escape of the principal of any
the crime to prevent its discovery. crime (not light felony) with abuse of his
public functions.
In profiting by the effects of the crime, the accessory
must receive the property from the principal. He Requisites:
should not take it without the consent of the principal. 1. The accessory is a public officer.
If he took it without the consent of the principal, he is 2. He harbors, conceals, or assists in the
not an accessory but a principal in the crime of theft. escape of the principal.
3. The public officer acts with abuse of his
EXAMPLE: public functions.
4. The crime committed by the principal is
PAR. 1 - person received and used property from any crime, provided it is not a light felony.
another, knowing it was stolen
2. PRIVATE persons who harbor, conceal or
PAR. 2 - placing a weapon in the hand of the assist in the escape of the author of the crime
dead who was unlawfully killed to plant evidence, who is guilty of treason, parricide, murder, or
or burying the deceased who was killed by the attempts against the life of the President, or
principals who is known to be habitually guilty of some
other crime.
PAR. 3 - a) public officers who harbor, conceal or
assist in the escape of the principal of any crime Requisites:
(not light felony) with abuse of his public functions
b) private persons who harbor, conceal or assist 1. The accessory is a private person.
in the escape of the author of the crime – guilty of 2. He harbors, conceals or assists in the escape
treason, parricide, murder or an attempt against of the author of the crime.
the life of the President, or who is known to be 3. The crime committed by the principal is
habitually guilty of some crime. either:
a. Treason,
GENERAL RULE: If the Principal is acquitted the b. Parricide,
Accessory is also acquitted. The responsibility of the c. Murder,
accessory is subordinate to that of the principal in a d. An attempt against the life of the
crime President, or
Exception: When the crime was in fact e. That the principal is known to be
committed by the principal, but the principal is habitually guilty of some other crime.
covered by exempting circumstances (Art 12) and
as a result he is not held liable. However, it is Neither the letter nor the spirit of the law requires
possible that the accessory may still be held that the principal be convicted before one may be
liable even if the principal was acquitted by an punished as an accessory. As long as the corpus
exempting circumstance delicti is proved and the accessory’s participation
as such is shown, he can be held criminally
Page 60 of 174
responsible and meted out the corresponding fencing. A fence who receives stolen property as
penalty (Inovero vs. Coronel, CA, 65 O.G. aboveprovided is not an accessory but a principal in
3160). the crime defined in and punished by the Anti-
Fencing Law.
The prescribed acts of the accessory under par. 2 Mere possession of anything of value which has
must have been intended to prevent the discovery been the subject of robbery or theft shall be prima
of the crime, hence, mere silence does not make facie evidence of fencing.
one an accessory. If, however, the crime involved
is a conspiracy to commit treason, his silence
may hold him liable for misprision of treason (Art. ART.20.ACCESSORIES WHO ARE EXEMPT FROM
116) but as a principal thereof. CRIMINAL LIABILITY
BASIS:
Where the accused misleads the authorities by QuickTime™ and a
giving them false information, such act is The exemption provided for in this article is based on
equivalent to concealment and he should be held
are needed to see this picture. the ties of
as an accessory.
blood and the preservation of the cleanliness of
one’s name, which compels one to conceal crimes
committed by relatives so near as those mentioned
PRINCIPAL ACCESSORY in this article.
Takes direct part or Does NOT take
cooperates in, or induces direct part or
AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABLITY
the commission of the cooperates in, or
WHEN THE PRINCIPAL IS HIS :
crime induces the
commission of the 1. spouse, or
crime 2. ascendant, or
cooperates in the does not take part in 3. descendant, or
commission of the offense the commission of 4. legitimate, natural or adopted brother, sister
or relative by affinity within the same degree.
by acts either prior thereto the offense
or simultaneous therewith
Accessory Is Not Exempt From Criminal Liability
Participates during Participation of the Even If The Principal Is Related To Him, If Such
commission of the crime accessory in all Accessory –
cases
always 1. profited by the effects of the crime, or
2. assisted the offender to profit by the effects of
SUBSEQUENT to
the crime.
the commission of
REASON: Because such acts are prompted not by
the crime
affection but by a detestable greed.
NOTES:
ANTI-FENCING LAW OF 1979 PRES. Nephew and Niece not included
Public officer contemplated in par. 3 of Art. 19 is
DECREE 1612
exempt by reason of relationship to the principal,
even if such public officer acted with abuse of his
official functions.
FENCING– is an act, with intent to gain, of buying, REASON: Ties of blood or relationship
selling, receiving, possessing, keeping, or in any constitutes a more powerful incentive than the
other manner dealing in anything of value which a call of duty.
person knows or should have known to be derived
from the proceeds of the crime of robbery or theft. P.D. 1829 penalizes the act of any person who
FENCE– is a person who commits the act of knowingly or willfully obstructs, impedes, frustrates or
Page 61 of 174
delays the apprehension of suspects and the 2. Self-defense – so as to protect society from
investigation and prosecution of criminal cases. the threat and wrong inflicted by the criminal.
3. Reformation – the object of punishment in
The benefits of the exception in Art. 20 do not
criminal cases is to correct and reform the
apply to PD 1829.
offender.
4. Exemplarity – the criminal is punished to
serve as an example to deter others from
TITLE THREE PENALTIES committing crimes.
5. Justice – that crime must be punished by the
State as an act of retributive justice, a
vindication of absolute right and moral law
violated by the criminal.
Chapter One : PENALTIES IN GENERAL

Three-Fold Purpose Of Penalty Under The Code:
1. Retribution or expiation – the penalty is
PENALTY – suffering inflicted by the State for the commensurate with the gravity of the offense.
transgression of a law. 2. Correction or reformation – shown by the rules
which regulate the execution of the penalties
consisting in deprivation of liberty. QuickTime™ and a
Different Juridical Conditions Of Penalty:
3. Social defenseTIFF (Uncompressed) decompressor – shown by
1. Must be productive of suffering, without
its inflexible severity are needed to see this picture. to
however affecting the integrity of the human
personality. recidivists and habitual delinquents.
2. Must be commensurate with the offense –
different crimes must be punished with
different penalties. ART.21.PENALTIES THAT MAY BE IMPOSED
3. Must be personal – no one should be
punished for the crime of another. RULE: A felony shall be punishable only by the
4. Must be legal – it is the consequence of a penalty prescribed by law at the time of its
judgment according to law. commission. (Art. 21 simply announces the policy of
5. Must be certain – no one may escape its the state as regards punishment of crimes)
effects. REASON: Because a law cannot be rationally obeyed
6. Must be equal for all. unless it is first shown, and a man cannot be
7. Must be correctional. expected to obey an order that has not been given.
It is a guaranty to the citizens of this country
Purpose Of The State In Punishing Crimes that no act will be considered criminal until
the Government has made it so by law and
The State has an existence of its own to maintain, a has provided a penalty.
conscience to assert, and moral principles to be Subsidiary penalty for a crime cannot be
vindicated. Penal justice must therefore be exercised imposed, if it was “not prescribed by law prior
by the State in the service and satisfaction of a duty, to its commission” (US vs. Macasaet
and rests primarily on the moral rightfulness of the 11Phil.447)
punishment inflicted (to secure justice). The basis of
the right to punish violations of penal law is the police
power of the State.
ART.22.RETROACTIVE EFFECT OF PENAL LAWS
Theories Justifying Penalty: NOTE: According to Reyes, Art. 22 is NOT applicable

to the provisions of the RPC. Its application to the
1. Prevention – to prevent or suppress the RPC can only be invoked where some former or
danger to the State arising from the criminal subsequent law is under consideration.
act of the offender.
Page 62 of 174
GENERAL RULE: Penal laws are applied If retroactive effect of a new law is justified, it
prospectively. shall apply to the defendant even if he is:
EXCEPTION: When retrospective application will 1. presently on trial for the offense;
be favorable to the person guilty of a felony; 2. has already been sentenced but service
Provided that: of which has not begun; or
1. The offender is NOT a habitual criminal 3. already serving sentence
(delinquent) under Art. 62(5);
2. The new or amendatory law does NOT The retroactive effect of criminal statutes does
provide against its retrospective application. NOT apply to the culprit’s civil liability.
The favorable retroactive effect of a new law may REASON: The rights of offended persons or
find the defendant in one of the 3 situations: innocent third parties are not within the gift of
1. The crime has been committed and the arbitrary disposal of the State.
prosecution begins The provisions of Art. 22 are applicable even to
2. The sentence has been passed but service special laws which provide more favorable
has not begun conditions to the accused.
3. The sentence is being carried out
New law may provide that its provisions not to be
HABITUAL DELINQUENT - A person who, within a applied to cases already filed in court at the time
period of ten years from the date of his release or last of the approval of such law.
conviction of the crimes of serious or less serious
physical injuries, robbery, theft, estafa, or falsification,
is found guilty of any said crimes a third time or Criminal liability under the
repealed law SUBSISTS:
oftener.
1. When the provisions of the former law are
EX POST FACTO LAW - An act which when
reenacted; or
committed was not a crime, cannot be made so by
(Note: The right to punish offenses committed
statute without violating the constitutional inhibition as
under an old penal law is not extinguished if the
to ex post facto laws. An ex post facto law is one
which: TIFF (Uncompressed) decompressor
QuickTime™ and a
offenses are still
1. Makes criminal an act done before the punishable in the repealing are needed to see this picture.
penal
passage of the law and which was innocent law.)
when done; 2. When the repeal is by implication; or (Note:
2. Aggravates a crime, or makes it greater When a penal law, which impliedly repealed an
than it was, when committed; old law, is itself repealed, the repeal of the
3. Changes the punishment and inflicts a repealing law revives the prior penal law, unless
greater punishment than the law annexed to the language of the repealing statute provides
the crime when committed; otherwise. If the repeal is absolute, criminal
4. Alters the legal rules of evidence, and liability is obliterated.)
authorizes conviction upon a less or different
testimony than the law required at the time of 3. When there is a saving clause.
the commission of the offense;
5. Assumes to regulate civil rights and BILL OF ATTAINDER – A legislative act which inflicts
remedies only, in effect imposing a penalty punishment without trial.
or deprivation of a right for something which
when done was lawful; and
6. Deprives a person accused of a crime of ART.23.EFFECT OF PARDON BY THE OFFENDED
some lawful protection to which he has PARTY–
become entitled, such as the protection of a
former conviction or acquittal, or a GENERAL RULE: Pardon by the offended party does
proclamation of amnesty. not extinguish the criminal liability of the offender.
REASON: A crime committed is an offense against
Page 63 of 174
the State. Only the Chief Executive can pardon the express waiver because personal injury may be
offenders. repaired through indemnity. Waiver must be
express. State has no reason to insist on its
EXCEPTION: Pardon by the offended party will
payment.
bar criminal prosecution in the following crimes:
Adultery and Concubinage (Art. 344, AN OFFENSE CAUSES TWO CLASSES OF
RPC) INJURIES:
– EXPRESS or IMPLIED pardon must SOCIAL INJURY PERSONAL INJURY
be given by offended party to BOTH
Produced by the Caused to the victim of the
offenders.
disturbance and crime who suffered
– Pardon must be given PRIOR to alarm which are the damage either to his
institution of criminal action. outcome of the person, to his property, to
offense. his honor or to her chastity.
Seduction, Abduction, Acts of
Lasciviousness (Art. 344, RPC)
- EXPRESS pardon given by offended
party or her parents or grandparents Is sought to be Is repaired
or guardian repaired through the through indemnity.
imposition of the
- Pardon must be given PRIOR to the corresponding
institution of the criminal action.
penalty.
However, marriage between the
offender and the offended party The offended party The offended party may
EVEN AFTER the institution of the cannot pardon the waive the indemnity and
criminal action or conviction of the offender so as to the State has no reason to
offender will extinguish the criminal relieve him of the insist in its payment.
action or remit the penalty already penalty.
imposed against the offender, his
coprincipals, accomplices and
accessories after the fact. ART.24.MEASURES OF PREVENTION
OR SAFETY, WHICH ARE NOT CONSIDERED
Rape (as amended by R.A. 8353)
PENALTIES QuickTime™ and a
- The subsequent valid marriage between TIFF (Uncompressed) decompressorare needed to see this picture.
the offender and the offended party
The Following Shall Not Be Considered As
shall extinguish criminal liability or
the penalty imposed. In case the Penalties:
legal husband is the offender, 1. The arrest and temporary detention of
subsequent forgiveness by the wife accused persons, as well as their detention
as offended party shall also produce by reason of insanity or imbecility, or illness
the same effect. requiring their confinement in a hospital.
2. The commitment of a minor to any of the
institutions mentioned in Art. 80 (now Art.
NOTE:
192, PD No. 603) and for the purposes
Pardon by the offended party under Art. 344 is specified therein.
ONLY A BAR to criminal prosecution; it is NOT 3. Suspension from the employment or public
a ground for extinguishment of criminal liability. office during the trial or in order to institute
It DOES NOT extinguish criminal liability. It is proceedings.
not one of the causes that totally extinguish 4. Fines and other corrective measures which,
criminal liability in Art 89 in the exercise of their administrative or
Nevertheless, civil liability may be extinguished disciplinary powers, superior officials may
by the EXRESS WAIVER of the offended impose upon their subordinates.
party.Civil liability w/ regard to the interest of
the injured party is extinguished by the latter’s
Page 64 of 174
5. Deprivation of rights and the reparations ART. 26: WHEN AFFLICTIVE, CORRECTIONAL,
which the civil law may establish in penal OR LIGHT PENALTY
form.
Fines:
Reasons why they are not penalties: 1. Afflictive – over 6000
2. Correctional – 201 to 6000
1. Because they are not imposed as a result of
judicial proceedings. Those mentioned in 3. Light – 200 and less
paragraphs 1, 3 and 4 are merely preventive
measures before conviction of offenders. NOTES:
2. The offender is not subjected to or made to suffer The classification applies if the fine is imposed
these measures in expiation of or as punishment as a single or alternative penalty. Hence, it
for a crime. does not apply if the fine is imposed together
with another penalty.
Note: Those in par 1, 3 and 4 are merely preventive Fines are imposed either as alternative (Ex: Art
measures before the conviction of offenders. 144 punishing disturbance of proceedings with
arresto mayor or fine from 200 pesos to 1000
pesos) or single (Ex. fine of 200 to 6000 pesos)
Par. 1 refers to “accused persons” who are Penalty cannot be imposed in the alternative
detained “by reason of insanity or imbecility.” since it is the duty of the court to indicate the
It does not refer to the confinement of an penalty imposed definitely and positively. Thus,
insane or imbecile who has not been the court cannot sentence the guilty person in a
arrested for a crime. It manner as such as “to pay fine of 1000 pesos,
or to suffer an imprisonment of 2 years, and to
Paragraphs 3 and 4 refer to administrative pay the costs.”
suspension and administrative fines and not If the fine imposed by the law for the felony is
to suspension or fine as penalties for exactly 200 pesos, it is a light felony.
violations of the RPC. Fines in par. 4 do not
constitute as penalties because they are not * People vs. Yu Hai (99 Phil. 725):
imposed by the court. Under Art. 9, where the fine in question is
exactly P200, it is a light penalty, thus the
The deprivations of rights established in offense is a light felony; whereas under Art. 26,
penal form by the civil laws is illustrated in the it is a correctional penalty, hence the offense
case of parents who are deprived of their involved is a less grave felony. It that this
parental authority if found guilty of the crime discrepancy should be resolved liberally in
of corruption of their minor children, in favor of the accused, hence Art. 9 prevails over
accordance with Art. 332 of the Civil Code. Art. 26. QuickTime™ and a
TIFF (Uncompressed) decompressorare needed to see this picture.
Where a minor offender was committed to a Bond to keep the peace is by analogy:
reformatory pursuant to Art. 80 (now, PD
603), and while thus detained he commits a
crime therein, he cannot be considered a
quasi-recidivist since his detention was only a
preventive measure, whereas a
quasirecidivism presupposes the commission
of a crime during the service of the penalty for
a previous crime.
Commitment of a minor is not a penalty

because it is not imposed by the court in a
judgment. The imposition of the sentence in
such a case is suspended.
Page 65 of 174
ADistinction
TENEO CENTRAL BAR
between OPERATIONS
classification of 2007
Penalties in
Art. 9 and Art. 26 penalty, in which case its duration is that of
Article 9 Article 26 the principal penalty
5. Arresto mayor – 1 month and 1 day to 6
Applicable in Applicable in months
determining the determining the 6. Arresto menor – 1 day to 30 days
prescriptive period of prescriptive period of 7. Bond to keep the peace – The period is
felonies penalties discretionary on the court.
NOTES:
Affli ctive 1. Destierro is a principal, divisible and
– over 600 correctional penalty.
0; 2. Cases when destierro imposed:
Corr ecti a. Serious physical injuries or death
onal – 201 to 6000; Light – 200 and less under exceptional circumstances
(Art. 247)
b. In case of failure to give bond for
good behavior (Art. 284)
c. As a penalty for the concubine in
concubinage (Art. 334)
d. In cases where after reducing the
penalty by one or more degrees,
destierro is the proper penalty.
ART. 28: COMPUTATION OF PENALTIES
Rules on Computation of Penalties:

1. When the offender is in prison – the
duration of the temporary penalties
(Permanent Absolute Disqualification,
Temporary Absolute Disqualification,
detention, suspension) is from the day on
which the judgment of conviction becomes
Chapter Three final.
DURATION AND EFFECTS OF PENALTIES 2. When the offender is not in prison – the
duration of the penalty of deprivation of liberty
is from the day that the offender is placed at
Section One. — Duration of Penalties the disposal of judicial authorities for the
enforcement of the penalty
Art. 27: RECLUSION PERPETUA 3. The duration of the other penalties – the
duration is from the day on w/c the offender
1. Reclusión perpetua – 20 years and 1 day to commences to serve his sentence
40 years
2. Reclusión temporal – 12 years and 1 day to NOTES:
20 years Reason for rule (a) – Under Art 24, the arrest
3. Prisión mayor and temporary and temporary detention of the accused is not
disqualification – 6 years and 1 day to 12 considered a penalty.
years, except when disqualification is an if in custody, the accused appealed, the
accessory penalty, in which case its duration service of the sentence should commence
is that of the principal penalty from the date of the promulgation of the
QuickTime™ and a
4. Prisión correccional, suspensión, and TIFF (Uncompressed) decompressor decision of the
destierro – 6 months and 1 day to 6 years, appellate court, not the trial are needed to see this picture.
except when suspensión is an accessory court’s.
Page 66 of 174
Service in prison begins only on the day the voluntarily surrender to serve their penalties
judgment of conviction becomes final. under a final judgment, not those who failed
In cases of temporary penalties, and if the or refused to voluntarily surrender after the
offender is under detention (as when commission of the crime)
undergoing preventive imprisonment), rule (a) Habitual Delinquents are not entitled to credit
applies. of time under preventive imprisonment since
If he is not under detention (released on bail), he is necessarily a recidivist or has been
rule (c) applies. convicted previously twice or more times of
If offender is under preventive imprisonment, any crime.
rule (c) applies, not rule (a). Duration of RP is to be computed at 30 years,
The offender is entitled to a deduction of the thus, even if the accused is sentenced to life
full time or 4/5 of the time of his detention. imprisonment, he is entitled to the full time or
4/5 of the time of preventive suspension
Credit is given in the service of sentences
ART. 29: PERIOD OF PREVENTIVE consisting of deprivation of liberty
IMPRISONMENT DEDUCTED FROM TERM OF (imprisonment and destierro), whether
IMPRISONMENT perpetual or temporal. Thus, persons who
had undergone preventive imprisonment but
the offense is punishable by a fine only would
Instances when accused undergoes preventive
not be given credit.
suspension:
Destierro is considered a “deprivation of
1. offense is non-bailable
liberty.”
2. bailable but can’t furnish bail
If the penalty imposed is arresto menor to
destierro, the accused who has been in
prison for 30 days (arresto menor to 30 days)
Notes:
should be released because although the
The full time or 4/5 of the time during which
maximum penalty is destierro (6 months and
the offenders have undergone preventive
1 day to 6 years), the accused sentenced to
suspension shall be deducted from the
such penalty does not serve it in prison.
penalty imposed:
full time: if the detention prisoner agrees
voluntarily in writing to abide by the same
Section Two. — Effects of the
disciplinary rules imposed upon convicted
penaltiesaccording to their respective nature
prisoners
four-fifths of the time: if the detention
prisoner does not agree to abide by the same ART. 30: EFFECTS OF THE PENALTIES OF
disciplinary rules imposed upon convicted PERPETUAL OR TEMPORARY ABSOLUTE
prisoners DISQUALIFICATION
In the case of a youthful offender who has NOTES:
been proceeded against under the Child and The exclusion is a mere disqualification from
Youth Welfare Code, he shall be credited in protection, and not for punishment – the
the service of his sentence with the full time withholding of a privilege, not a denial of a
of his actual detention, regardless if he right.
agreed to abide by the same disciplinary Perpetual absolute
rules of the institution or not. disqualification is effective
Offenders not entitled to be credited with the during the lifetime of the convict and even
full time or four-fifths of the time of their after the service of the sentence.
preventive imprisonment: Temporary absolute disqualification is
Recidivists or those convicted previously effective during the term of sentence and is
twice or more times of any crime. removed after the service of the same.
Those who, upon being summoned for the Exceptions: (1) deprivation of the public office
execution of their sentence, failed to or employment; (2) loss of all rights to
surrender voluntarily (convicts who failed to
Page 67 of 174
retirement pay or other pension for any office ART. 33: EFFECTS OF THE PENALTIES OF
formerly held. QuickTime™ and a SUSPENSION FROM ANY PUBLIC OFFICE,
PROFESSION OR CALLING, OR THE RIGHT
A plebiscite is not mentioned or contemplated
OF SUFFRAGE
in Art.30, par. 2 (deprivation of
the right to vote), hence, the offender may
vote in that exercise, subject to the provisions Effects:
of pertinent election laws at the time. 1. Disqualification from holding such office or
the exercise of such profession or right of
Effects of Perpetual and temporary absolute suffrage during the term of the sentence
disqualification: 2. Cannot hold another office having similar
1. Deprivation of any public office or functions during the period of suspension
employment of offender
2. Deprivation of the right to vote in any election
or to be voted upon ART 34: CIVIL INTERDCTION
3. Loss of rights to retirement pay or pension
Effects;Deprivation of the following rights:
All these effects last during the lifetime of the convict 1. Parental rights
and even after the service of the sentence except 2. Guardianship over the ward
as regards paragraphs 2 and 3 of the above in 3. Marital authority
connection with Temporary 4. Right to manage property and to dispose of
Absolute Disqualification. the same by acts inter vivos
Civil Interdiction is an accessory penalty to the

ART. 31: EFFECT OF THE PENALTIES OF following principal penalties:
PERPETUAL OR TEMPORARY SPECIAL 1. If death penalty is commuted to life
DISQUALIFICATION imprisonment
2. Reclusion perpetua
ART. 32: EFFECT OF THE PENALTIES OF 3. Reclusion temporal
PERPETUAL OR TEMPORARY SPECIAL *He can dispose of such property by will or donation
DISQUALIFICATION FOR THE EXERCISE OF mortis causa
THE RIGHT OF SUFFRAGE
ART. 35: EFFECTS OF BOND TO KEEP THE
NOTE: Temporary disqualification if imposed is an PEACE
accessory penalty. Its duration is that of the principal
penalty.
Bond to keep the peace is different from bail bond
Effects of Perpetual and Temporary Special which is posted for the provisional release of a person
Disqualification: arrested for or accused of a crime. Bond to keep the
1. For public office, profession, or calling peace or for good behavior is imposed as a penalty in
a. Deprivation of the office, threats.
employment, profession or calling
affected ART. 36: PARDON; ITS EFFECT
b. Disqualification for holding similar
offices or employment during the
period of disqualification NOTES:
Pardon by the President does not restore the
2. For the exercise of the right of suffrage right to public office or suffrage except when
a. Deprivation of the right to vote or to both are expressly restored in the pardon.
be elected in an office Nor does it exempt one from civil liability or
b. Cannot hold any public office during from payment of civil indemnity.
the period of disqualification
Page 68 of 174
Limitations to President’s power to pardon: liability although it may

o can be exercised only after final constitute a bar
judgment to the
o does not extend to prosecution of
cases of impeachment the offender
o does not extinguish civil liability – Effect on Cannot affect Offended party
only criminal liability civil liability the civil liability can waive the
ex delicto of the civil liability
GENERAL RULE: Pardon granted in general terms offender
QuickTime™ and a
TIFF (Uncompressed) decompressor When Only after Only before the
does not include accessory penalties. are granted conviction by institution of the
needed to see this picture.
final judgment criminal action
Exceptions:
To whom Any or all of the In adultery and
1. if the absolute pardon is granted after the
granted accused concubinage,
term of imprisonment has expired, it removes
must include
all that is left of the consequences of
both offenders
conviction. However, if the penalty is life
imprisonment and after the service of 30 Whether it May be Cannot validly
years, a pardon is granted, the pardon does can be absolute or be made
not remove the accessory penalty of absolute conditional conditional subject to a
condition
perpetual disqualification
2. if the facts and circumstances of the case
show that the purpose of the President is to
precisely restore the rights i.e., granting
absolute pardon after election to a post ART. 37: COST; WHAT ARE INCLUDED
(mayor) but before the date fixed by law for
assuming office to enable him to assume the Costs include:
position in deference to the popular will 1. fees
2. indemnities, in the course of
Pardon by the offended party – does not extinguish judicial proceedings
criminal liability; may include offended party waiving
civil indemnity and it should be done before the NOTE:
institution of the criminal prosecution and extended to Costs (expenses of the litigation) are
both offenders. chargeable to the accused in case of
conviction. In case of acquittal, the costs are
PARDON BY PARDON de oficio, each party bearing his own
THE CHIEF BY expense.
EXECUTIVE OFFENDED No costs are allowed against the Republic of
(ART. 36) PARTY (ART. the Philippines, until law provides the
23) contrary.
Crime Any crime, Crimes against The payment of costs is fully discretionary on
covered unless chastity under the Court.
otherwise the RPC only
provided by or
ART. 38: PECUNIARY LIABILITIES; ORDER OF
subject to
PAYMENT
conditions
in the Pecuniary liabilities of persons criminally liable,
in the following order:
Constitution or
1. The reparation of the damage caused
the laws
2. Indemnification of the
Extinguish- Extinguishes Does not
consequential damages
ment of criminal liability extinguish
3. Fine
criminal criminal liability
4. Costs of proceedings
Page 69 of 174
1. If the penalty imposed is prisión correccional

NOTES: or arresto and fine – subsidiary imprisonment
It is applicable in case the properties of the is not to exceed 1/3 of the term of the
offender are not sufficient for the payment of sentence, and in no case to continue for more
all his pecuniary liabilities. Hence, if the than one year. Fraction or part of a day, not
offender has insufficient or no property, there counted.
is no use for Art 38. 2. When the penalty imposed is fine only –
Order of payment is mandatory. subsidiary imprisonment is:
not to exceed 6 months – if the culprit is
Ex. Juan inflicted serious physical injuries against prosecuted for grave or less grave felony,
Pedro and took the latter’s watch and ring. He and
incurred P500 worth of hospital bills and failed to not to exceed 15 days –
earn P300 worth of salary. Given that Juan only if prosecuted for light felony.
has P1000 worth of property not exempt from 3. When the penalty imposed is higher than
execution, it shall first be applied to the payment prisión correccional – no subsidiary
of the watch and ring which cannot be returned, imprisonment.
as such is covered by “reparation of the damage 4. If the penalty imposed is not to be executed
caused,” thus, no. 1 in the order of payment. The by confinement, but of fixed duration –
500 and 300 are covered by “indemnification of subsidiary penalty shall consist in the same
the consequential damage,” thus, no. 2 in the deprivations as those of the principal penalty,
order of payment. QuickTime™ and a under the same rules as nos. 1, 2 and 3
picture.
are needed to see this above.
5. In case the financial circumstances of the
convict should improve, he shall pay the fine,
ART. 39: SUBSIDIARY PENALTY notwithstanding the fact that the convict
suffered subsidiary personal liability therefor.
NOTES:
When the penalty prescribed is imprisonment, WHERE NO SUBSIDIARY PENALTY SHALL BE
it is the penalty actually imposed by the IMPOSED:
Court, not the penalty provided for by the 1. The penalty imposed is higher than prisión
Code, which should be considered in correccional or 6 years,
determining whether or not subsidiary penalty 2. For non-payment of reparation
should be imposed. or indemnification,
There is no subsidiary penalty for 3. For non-payment of costs, and
nonpayment of reparation, indemnification 4. Where the penalty imposed is a fine and
and costs in par 1, 2 and 4 of Art 38. It is only another penalty without fixed duration, like
for fines. censure.
Art 39 applies only when the convict has no
property with which to meet the fine in par 3
of art 38. Thus, a convict who has nonexempt Section Three. — Penalties in which other
property enough to meet the fine cannot accessory penalties are inherent
choose to serve the subsidiary penalty
instead of payment of the fine.
Subsidiary imprisonment is not an accessory ART. 40: DEATH; ITS ACCESSORY PENALTIES
penalty. It is covered by Arts. 40-45 of this
Code. Accessory penalties are deemed ART. 41: RECLUSION PERPETUA AND
imposed even when not mentioned, while RECLUSION TEMPORAL; THEIR ACCESSORY
subsidiary imprisonment must be expressly PENALTIES
imposed.
ART. 42: PRISION MAYOR; ITS ACCESSORY
PENALTIES
RULES AS TO SUBSIDIARY PENALTY
Page 70 of 174
ART. 43: PRISION CORRECCIONAL; ITS The nature of the crime is immaterial when
ACCESSORY PENALTIES the penalty imposed is one year
imprisonment or more.
ART. 44: ARRESTO; ITS ACCESSORY The accessory penalties are understood to be
PENALTIES always imposed upon the offender by the
mere fact that the law fixes a certain penalty
Outline Of Accessory Penalties Inherent In for the crime.
Principal Penalties The accessory penalties do not affect the
jurisdiction of the court in which the
1. Death, if not executed because of information is filed because they do not
commutation or pardon modify or alter the nature of the penalty
a. perpetual absolute disqualification provided by law. What determines jurisdiction
b. civil interdiction during 30 years (if in criminal cases is the principal penalty.
not expressly remitted in the pardon)
2. Reclusion Perpetua and Reclusion Temporal RECLUSION LIFE IMPRISONMENT
a. civil interdiction for life or during the PERPETUA
sentence Specific duration of no definite term or
b. perpetual absolute disqualification 20 years and 1 day accessory penalties
(unless expressly remitted in the to 40 years and
pardon) accessory penalties
3. Prision Mayor
a. temporary absolute disqualification
b. perpetual special disqualification from
suffage (unless expressly Imposable on Imposable on crimes
remitted in the pardon) felonies punished by punishable by special
4. Prision Correccional the RPC laws
a. suspension from public office,
profession or calling
b. perpetual special
disqualification
from suffrage if the duration of the TIFF (Uncompressed) ART. 45: CONFISCATION AND FORFEITURE
QuickTime™ and a
decompressor OF THE PROCEEDS OR INSTRUMENTS OF
imprisonment exceeds 18 months THE CRIME

(unless expressly remitted in the
pardon) 1. Every penalty imposed carries with it the
forfeiture of the proceeds of the crime and the
NOTES: instruments or tools used in the commission
The accessory penalties in Art 40-44 must be of the crime.
suffered by the offender, although pardoned 2. The proceeds and instruments/tools of the
as to the principal penalties. To be relieved of crime are confiscated in favor of the
these penalties, they must be expressly government.
remitted in the pardon. 3. The property of 3rd persons (not liable for the
No accessory penalty for destierro offense) is not subject to confiscation and
Persons who served out the penalty may not
have the right to exercise the right of
suffrage. For a prisoner who has been
sentenced to one year of imprisonment or
more for any crime, absolute pardon restores
to him his political rights. If the penalty is less
than one year, disqualification does not
attach except if the crime done was against
property.
Page 71 of 174
forfeiture.
4. Property not subject of lawful commerce Chapter Four
(whether it belongs to the accused or a 3 rd APPLICATION OF PENALTIES
person) shall be destroyed.
NOTES:
There cannot be confiscation or forfeiture Section One. — Rules for the application of
unless there’s a criminal case filed, tried and penalties to the persons criminally liable and for
accused is convicted. the graduation of the same.
Third person must be indicted to effect
confiscation of his property.
Instruments of the crime belonging to an ART. 46: PENALTY TO BE IMPOSED UPON
innocent 3rd person may be recovered. PRINCIPALS IN GENERAL
Confiscation can be ordered only if the
property is submitted in evidence or placed at GENERAL RULE: The penalty prescribed by law in
the disposal of the court. general terms shall be imposed:
When the order of forfeiture has already 1. upon the principals
become final, the articles which were forfeited 2. for consummated felony
can not be returned, even in case of an EXCEPTION: when the law fixes a penalty for the
acquittal. frustrated or attempted felony. Whenever it is
There must be conviction by final judgment. believed that the penalty lower by one or two
However, even if the accused is acquitted on degrees corresponding to said acts of execution
reasonable doubt, but the instruments or is not proportionate to the wrong done, the law
proceeds are contraband, the judgment of fixes a distinct penalty for the principal in the
acquittal shall order their forfeiture for frustrated or attempted felony.
appropriate disposition.
Confiscation & forfeiture are additional The Graduation Of Penalties Refers To:
penalties. When the penalty imposed did not 1. By degree
include the confiscation of the goods involved, a. stages of execution (consummated,
the subsequent confiscation & forfeiture of frustrated, attempted)
said goods would be an additional penalty, b. degree of the criminal participation of
amounting to an increase of the penalty the offender (principal, accomplice,
already imposed, thereby placing the accused accessory)
in double jeopardy. In case the accused 2. By period
appeals, confiscation and forfeiture not a. (minimum, medium, maximum) -
ordered by the trial court may be imposed by refers to the proper period of the
the appellate court penalty w/c should be imposed when
The government can not appeal the aggravating or mitigating
modification of a sentence if the defendant did circumstances attend the commission
not appeal. But if the defendant appeals, it of the crime
removes all bars to the review and correction
of the penalty imposed by the court below,
even if an increase thereof should be the ART. 47: IN WHAT CASES THE DEATH
result PENALTY SHALL NOT BE IMPOSED
When Art. 45 cannot applyTIFF (Uncompressed) Death Penalty Not Imposed In The Following
decompressor :
QuickTime™ and a
Cases:
1. under age - when the offender is under 18
1. The instruments belong to innocent third
yrs of age at the time of commission.
parties
Why? - Because minority is always a
2. Such properties have not been placed under
mitigating circumstance
the jurisdiction of the court
2. over age - when the person is more than 70
3. When it is legally or physically impossible.
years old at time RTC sentenced him
Page 72 of 174
3. no court majority - when upon appeal or iii. 2 or more less grave felonies
automatic review of the case by the SC, the
vote of eight members is not obtained for the 2. complex crime proper – when an offense is a
imposition of death necessary means for committing another
Requisites:
JUSTIFICATION FOR THE DEATH PENALTY: 1. that at least 2
social defense and exemplarity. Not considered cruel offenses are
and unusual because it does not involve torture or committed
lingering death. 2. that one or some of the offenses
must be necessary to commit the
other
CRIMES PUNISHABLE BY DEATH UNDER THE 3. that both or all the offenses must be
DEATH PENALTY LAW (RA 7659) punished under the same statute
1. Treason
2. Qualified Piracy No Single Act In The Following Cases:
3. Qualified Bribery 1. when 2 persons are killed one after the other,
4. Parricide by different acts, although these 2 killings
5. Murder were the result of a single criminal impulse.
6. Infanticide The different acts must be considered as
7. Kidnapping and Serious Illegal Detention distinct crimes.
8. Robbery – with Homicide, Rape, Intentional 2. when the acts are wholly different, not only in
Mutilation, or Arson themselves, but also because they are
9. Rape – with the use of a deadly weapon, or directed against 2 different persons, as when
by two or more persons one fires his gun twice in succession, killing
- where the victim became insane one and injuring the other.
- with Homicide
10. Qualified Rape Light felonies produced by the same act should be
11. Destructive Arson treated and punished as separate offenses, or may
12. Plunder be absorbed by the grave felony.
13. Violation of certain provisions of the
Dangerous Drugs Act NOTES:
14. Carnapping When in obedience to an order, several
accused simultaneously shot many persons,
w/o evidence how many each killed, there is
ART.48: PENALTY FOR COMPLEX CRIMES only a single offense, there being a single
criminal impulse.
COMPLEX CRIME – although there actually are two For the attainment of a single purpose w/c
or more crimes, the law treats them as constituting constitutes an offense, various acts are
only one- as there is only one criminal intent. Only executed, such acts must be considered only
one information need be filed. as one offense. (Gregorio does not agree
with this.)
2 Kinds Of Complex Crimes: When a complex crime is charged and one
1. compound crime – single act constitutes 2 or offense is not proven, the accused can be
more grave or less grave felonies convicted of the other.
There is no complex crime of arson w/
Requisites: homicide.
QuickTime™ and a Art 48 is applicable to crimes through
a. that only one single act is performed TIFF
negligence.
(Uncompressed) decompressor
are needed to see this picture. Kidnapping the victim to murder him in a
by the offender secluded place – ransom wasn’t paid so
b. that the single act produces victim was killed. Kidnapping was a
i. 2 or more grave felonies necessary means to commit murder. But
ii. one or more grave and one where the victim was taken from his home but
or more less grave felonies it was solely for the purpose of killing him and
Page 73 of 174
not for detaining him illegally or for the imprisonment and fine, respectively, only the
purpose of ransom, the crime is simple penalty of imprisonment shall be imposed.
murder. Reason:
“Necessary means” does not mean Fine is not included in the list of penalties in
“indispensable means”. Indispensable the order of severity and it is the last in the
would mean it is an element of the crime. The graduated scales in Art. 71.
crime can be committed by another mean. When a single act constitutes two grave or
The means actually employed (another less grave or one grave and another less
crime) was merely to facilitate and insure grave, and the penalty for one is
the consummation of the crime.
It is not a complex crime when trespass to imprisonment while that for the other is fine,
dwelling is a direct means to commit a grave the severity of the penalty for the more
offense. Like rape, there is no complex crime serious crime should not be judged by the
of trespass to dwelling with rape. Trespass classification of each of the penalties
will be considered as aggravating (unlawful involved, but by the nature of the penalties.
entry or breaking part of a dwelling) In the order of severity of the penalties,
When the offender had in his possession the arresto mayor and arresto menor are
funds w/c he misappropriated, the falsification considered more severe than destierro and
of a public or official document involving said arresto menor is higher in degree than
funds is a separate offense. But when the destierro.
offender had to falsify a public or official
document to obtain possession of the funds There is NO COMPLEX CRIME in the following:
w/c he misappropriated, the falsification is a 1. In case of continuing crimes
necessary means to commit the 2. When one offense is committed to conceal
malversation. the other
There is no complex crime of rebellion w/ 3. When the other crime is an indispensable
murder, arson, robbery or other common part or an element of the other offenses as
crimes. They are mere ingredients of the defined
crime of rebellion – absorbed already. 4. Where one of the offenses is penalized by a
(according to Ortega, complex) special law
When 2 crimes produced by a single act are 5. When the law provides one single penalty for
respectively within the exclusive jurisdiction special complex crime:
of 2 courts of different jurisdiction, the court of a. Robbery with Homicide
higher jurisdiction shall try the complex crime. b. Robbery with Rape
Art. 48 is intended to favor the culprit. c. Rape with Homicide
The penalty for complex crime is the penalty d. Kidnapping with Serious Physical
for the most serious crime, the same to be Injuries
applied in its maximum period. If the different e. Kidnapping with Homicide
crimes resulting from one single act are
punished w/ the same penalty, the penalty for PLURALITY OF CRIMES – consists in the
any one of them shall be imposed, the same successive execution by the same individual of
to be applied in the maximum period. The different criminal acts upon any of which no conviction
same rule shall be observed when an offense has yet been declared.
is a necessary means to commit the other.
A complex crime of the second form may be Kinds Of Plurality Of Crimes:
committed by two persons. 2. Formal or Ideal – only one criminal liability.
But when one of the offenses, as a means to Formal or ideal crimes are further divided into
commit the other, was committed by one of three groups, where a person committing
the accused by reckless imprudence, the multiple crimes is punished with only one
accused who committed the crime by penalty:
reckless imprudence is liable for his acts a. when the offender commits any of the
only. TIFF (Uncompressed) decompressorQuickTime™ and a complex crimes defined in Art.
When two felonies constituting a complex are 48
crime are punishable by
Page 74 of 174
b. when the law specifically fixes a There is a series of acts Same

single penalty for 2 or more offenses performed by the offender
committed: robbery w/ homicide, Each act performed uickTime™ and aDifferent acts
kidnapping w/ constitutes Q constitute ressed) decompressor
serious physical injuires TIFF (Uncomp to see this picture.only one
c. when the offender commits continued a separate crime because crime because all
crimes are needed each act is of the acts
3. Real Or Material – there are different crimes generated by a criminal performed arise
in law as well as in the conscience of the impulse from one criminal
offender. In such cases, the offender shall be resolution.
punished for each and every offense that he
committed.
ART 49 ART 48 ART. 49: PENALTY TO BE IMPOSED UPON

Lesser penalty to be Penalty for the more THE PRINCIPALS WHEN THE CRIME
imposed in its serious crime shall be COMMITTED IS DIFFERENT FROM THAT
maximum period imposed in its INTENDED
maximum period PLURALITY OF CRIMES RECIDIVISM
CONTINUED CRIME – refers to a single crime No conviction of the There must be

consisting of a series of acts but all arising from one crimes committed conviction by final
criminal resolution. Although there is a series of acts, judgment of the first
there is only one crime committed, so only one prior offense
penalty shall be imposed.
Ex of continued crimes:
a. A collector of a commercial firm
misappropriates for his personal use several RULES:
amounts collected by him from different 1. If the penalty for the felony committed be
persons. There is only one crime because the higher than the penalty for the offense which
different and successive appropriations are the accused intended to commit, the lower
but the different moments during w/c one penalty shall be imposed in its maximum
criminal resolution arises. period.
b. Juan steals 2 books belonging to 2 different 2. If the penalty for the felony committed be
persons. He commits only one crime because lower than the penalty for the offense which
there is unity of thought in the criminal the accused intended to commit, the lower
purpose of the offender. penalty shall be imposed in its maximum
period.
NOTE: A continued crime is not a complex crime, as 3. If the act committed also constitutes an
the offender does not perform a single act but a attempt or frustration of another crime, and
series of acts. Therefore: the law prescribes a higher penalty for either
a. penalty not to be imposed in the maximum of the latter, the penalty for the attempted or
b. no actual provision punishing continued crime frustrated crime shall be imposed in its
– It is a principle applied in connection with 2 maximum period.
or more crimes committed with a single
intention. NOTES:
Art. 49 has reference to the provision in the
NOTE: A continued (continuous or continuing) crime 1st par of Art .4 which provides that criminal
is different from a transitory crime. Transitory crime liability shall be incurred “by any person
is “moving crime”. committing a felony although the wrongful act
done be different from that which he
REAL/MATERIAL CONTINUED intended.”
PLURALITY CRIME
Page 75 of 174
Art. 49 is applicable only in cases when there imposed upon the accomplices and
is a mistake in identity of the victim of the accessories. (examples: qualified seduction,
crime (error in personae) and the penalty for flight to enemy country, kidnapping)
the crime committed is different from that for Degree – one whole penalty, one entire
the crime intended to be committed. penalty or one unit of the penalties
Art. 49 also has no application where a more enumerated in the graduated scales provided
serious consequence not intended by the for in Art. 71
offender befalls the same person. Period – one of 3 equal portions,
In Art. 49, pars. 1 and 2, the lower penalty in min/med/max of a divisible penalty. A period
its maximum period is always imposed. of a divisible penalty when prescribed by the
QuickTime™ and a
In Par. 3 the penalty for the attempted or
frustrated crime shall be imposed in its Code as a penalty for a felony, is in itself a TIFF
maximum period. This rule is not necessary are needed to see this picture.
and may well be covered by Art. 48, in view degree.

of the fact that the same act also constitutes
an attempt or a frustration of another crime.
Art. 50: Penalty to be imposed upon principals

of a frustrated crime
Art. 51: Penalty to be imposed upon
principals of attempted crimes Art. 52:
Penalty to be imposed upon accomplices
in consummated crime Distinctions between Degree and Period
accessories to the commission of a Degree Period
consummated felony
Art. 54: Penalty to imposed upon accomplices Refers to the penalty Refers to the duration
imposable for a felony of the penalty
in a frustrated crime
committed considering consisting of the
the stages of execution maximum, medium,
accessories of a frustrated crime and minimum, after
Art. 56: Penalty to be imposed upon and the degree of
considering the
accomplices in an attempted crime participation of the
presence or absence
Art. 57: Penalty to be imposed upon offender
of aggravating
accessories of an attempted crime circumstances
APPLICATION OF ARTICLE 50 TO 57 May refer to both Refers only to

divisible and indivisible divisible penalties
Participatio Consummate Frustrate Attempte
n d d d
penalties
Principal Penalty 1 less 2 less
imposed by NOTE: The rules provided in Arts. 53, 55 and 57 do
law not apply if the felony is light because accessories are
Accomplic 1 less 2 less 3 less not liable for the same.
e
Accessory 2 less 3 less 4 less ART. 58: ADDITIONAL PENALTY TO BE
IMPOSED UPON CERTAIN ACCESSORIES
NOTE: Art. 58 is limited only to grave and less grave

NOTES: felonies since it is not possible to have accessories
Art. 50-57 are not applicable when the law liable for light felonies. It is further limited to those
specifically prescribes the penalty for the whose participation in the crime is characterized by
frustrated and attempted felony or that to be the misuse of public office or authority.
Page 76 of 174
1. knowingly using counterfeited seal or forged

Additional Penalties for Public Officers who are signature or stamp of the President of the
accessories: Republic
1. Absolute Perpetual Disqualification, if the 2. illegal possession and use of false treasury or
principal offender is guilty of a grave felony bank note
2. Absolute temporary disqualification, if the 3. use of a falsified document
principal offender is guilty of less grave felony 4. use of a falsified dispatch
ART. 59: PENALTY TO BE IMPOSED IN CASE ART. 61: RULES FOR GRADUATING
OF FAILURE TO COMMIT THE CRIME PENALTIES
BECAUSE THE MEANS EMPLOYED OR THE
AIMS SOUGHT ARE IMPOSSIBLE The rules provided in this Article should also apply in
determining the minimum of the Indeterminate
Sentence Law (ISL). It also applies in lowering the
NOTES: penalty by one or two degrees by reason of the
QuickTime™ and a
Basis for the imposition of proper penalty in TIFF (Uncompressed) decompressor presence of
impossible crimes: social danger and degree the privileged mitigating circumstance, or are needed to see this
of criminality shown by the offender picture.
when the penalty is divisible and there are two or
The penalty for impossible crime is arresto more mitigating circumstances and there are no
mayor (imprisonment of 1 month and 1 day to aggravating circumstances.
6 months) or fine ranging from 200-500
pesos. GRADUATED SCALE IN ART. 71
Art. 59 is limited to grave and less grave
felonies.
Indivisible Penalties:
However, considering Article 4, this article is
1. Death
actually limited to offenses against persons or
2. Reclusion Perpetua
property.
Divisible Penalties: (maximum,
medium, minimum)
1. Reclusion Temporal
ART. 60: EXCEPTION TO THE RULES 2. Prision Correcional
ESTABLISHED IN ARTICLES 50 TO 57 3. Arresto Mayor 4. Destierro
5. Arresto Menor
Two cases where the accomplice is punished 6. Public Censure
with the same penalty imposed upon the 7. Fine
principal:
1. ascendants, guardians, curators, teachers RULES TO BE OBSERVED IN LOWERING THE
and any person who, by abuse of authority or PENALTY BY ONE OR TWO DEGREES
confidential relationship, shall cooperate as
accomplices in the crimes of rape, acts of Rule No. 1: when the penalty is single and indivisible
lasciviousness, seduction, corruption of (ex. RP), the penalty next lower shall be reclusion
minors, white slave trade or abduction. temporal.
2. one who furnished the place for the
perpetration of the crime of slight illegal Rule No. 2:
detention 1. when the penalty is composed of two
indivisible penalties; or
NOTE: Accessory punished as principal: Art 142 – 2. when the penalty is composed of one or more
punishes an accessory for knowingly concealing divisible penalties to be imposed to
certain evil practices their full extent
the penalty next lower in degree shall be that
immediately following the lesser of the penalties
Cases where penalty imposed on accessories are prescribed
one degree lower instead of two degrees:
Page 77 of 174
Rule No. 3: when the penalty is composed of 1 or 2

indivisible penalties and the maximum period of a
divisible penalty
Ex. penalty for murder is reclusion temporal
to death. The point of reference will be on the
proper divisible penalty which is RT.
Under the 3rd rule, the penalty next lower to RT is

composed of the medium and minimum periods
of RT and the max of prision mayor.
Rules 4 and 5:
1. if the penalty prescribed in the Code consists
of three periods corresponding to different
divisible penalties, the penalty next lower is
that consisting in the three periods down the
scale
of two periods, the penalty next lower is that
consisting in two periods down the scale
in only one period, the penalty next lower is
the next period down in the scale
NOTE: Mitigating and Aggravating circumstances are

first disregarded in the application of the rules for
graduating penalties. It is only after the penalty next
lower in degree is already determined that the
mitigating and aggravating circumstances should be
Page 78 of 174
considered. o Mitigating circumstances have the

effect of diminishing the penalty.
ART. 62: EFFECT OF THE ATTENDANCE OF o Habitual delinquency has the effect,
MITIGATING OR AGGRAVATING not only of increasing the penalty
CIRCUMSTANCES AND OF HABITUAL because of recidivism which is
DELINQUENCY generally implied in habitual
delinquency, but also of imposing an
additional penalty.
Ten year period to be computed from the
Par. 1: Aggravating circumstances are not to be time of last release or conviction
taken into account when: Subsequent crime must be committed after
1. they themselves constitute a crime. Ex. by conviction of the former crime. Cases still
“means of fire” – arson pending are not to be taken into
2. they are included by law in the definition of a consideration.
crime
HABITUAL RECIDIVISM
Par. 2: Same rules apply when the aggravating DELINQUENCY
circumstance is inherent in the crime Crimes to be Same title
committed are
Par. 3: Aggravating or mitigating circumstances specified
arising from any of the following affect only those to
W/ in 10 years No time fixed by law
whom such circumstances are attendant:
1. from the moral attributes of the offender Must be found guilty Second conviction
2. from his private relations w/ the offended 3rd time or oftener
party
3. from any other personal cause
Additional penalty is Is not offset by MC,
Par. 4: the circumstances which consist of the imposed increases penalty to
following shall serve to aggravate and mitigate the maximum
liability only of those who had knowledge of them at
the time of the commission of the offense REQUISITES Of Habitual Delinquency:
1. material execution of the act 1. that the offender had been convicted of any
2. means employed to accomplish the crime of the crimes of serious or less serious
physical injuries, robbery, theft, estafa or
Par. 5: Habitual Delinquent is a person who within the falsification
period of 10 years from the date of his (last) release 2. that after conviction or after serving his
or last conviction of the crimes of: sentence, he again committed, and, within 10
1. Falsification years from his last release of first conviction,
2. Robbery he was again convicted of any of the said
3. Estafa crimes for the second time
4. Theft 3. that after his conviction of, or after serving
5. Serious or less serious physical sentence for the second offense, he again
injuries is found guilty of any of the said crimes a committed, and, within 10 years from his last
third time or oftener. release or last conviction, he was again
QuickTime™ and a convicted of any of said offenses, the third
NOTES: TIFF (Uncompressed) decompressorare needed to see this picture. time or oftener
Effects of the circumstances: o
Aggravating circumstances (generic Rulings on Habitual Delinquency:
and specific) have the effect of increasing 1. The law on habitual delinquency does not
the penalty, without contemplate the exclusion from the
however exceeding the computation of prior conviction those falling
maximum period provided by outside the 10-year period immediately
law.
Page 79 of 174
preceding the crime for which the defendant habitual delinquents are constitutional, it is
is being tried. simply a punishment on future crimes on
2. Ten-year period is counted not from the date account of the criminal propensities of the
of commission of the subsequent offense but accused.
from the date of conviction thereof in relation The imposition of such additional penalties
to the date of his last release or last are mandatory.
conviction. Habitual delinquency applies at any stage of
3. When an offender has committed several the execution because subjectively, the
crimes mentioned in the definition of habitual offender reveals the same degree of
delinquent, without being first convicted of depravity or perversity as the one who
any of them before committing the others, he commits a consummated crime.
is not a habitual delinquent. Habitual delinquency applies to all
4. Convictions on the same day or at about the participants because it reveals persistence in
same time are considered as one only (days, them of the inclination to wrongdoing and of
weeks..). the perversity of character that led them to
5. Crimes committed on the same date, commit the previous crime.
although convictions on different dates are
considered as one.
6. Previous convictions are considered every ART. 63: RULES FOR THE APPLICATION OF
time a new offense is committed. INDIVISIBLE PENALTIES
7. Commissions of those crimes need not be
consummated.
8. Habitual delinquency applies to accomplice Rules for the application of indivisible penalties:
and accessories. 1. Penalty is single and indivisible – applied
9. A crime committed during the minority of the regardless of the presence of aggravating
offender is not counted because proceedings and mitigating circumstances
as regards that crime are suspended. 2. Penalty composed of two indivisible penalties
10. Imposition of additional penalty is mandatory a. One aggravating
and constitutional. circumstance present –
11. Modifying circumstances are applicable to higher penalty
additional penalty. b. One mitigating circumstance present
12. Habitual delinquency is not a crime. It is – lower penalty
simply a fact or circumstance which if present c. Some mitigating circumstances
gives rise to the imposition of additional present and no aggravating – lower
penalty. penalty
13. Penalty for habitual delinquency is a real d. Mitigating and Aggravating
penalty that determines jurisdiction. Circumstances are present – basis in
14. A habitual delinquent is necessarily a number and importance NOTES:
recidivist. Art 63 applies only when the penalty
15. In imposing the additional penalty, recidivism prescribed by the Code is either one
is not aggravating. The additional penalty indivisible penalty or 2 indivisible penalties.
must be imposed in its minimum. Par.4: the moral value rather than the
16. An offender can be a habitual delinquent numerical weight shall be taken into account.
without being a recidivist, when no two of the
crimes committed are embraced in the same GENERAL RULE: When the penalty is
title of the Code. (Reyes) composed of 2 indivisible penalties, the penalty
cannot be lowered by one degree, no matter how
NOTES: many mitigating circumstances are present
In no case shall the total penalties imposed EXCEPTION: In cases of
upon the offender exceed 30 years. privileged
The imposition of the additional penalties on mitigating circumstances
QuickTime™ and a
Page 80 of 174
ART. 64: RULES FOR THE APPLICATION OF 2. Divide the difference by 3.

PENALTIES WHICH CONTAIN THREE 6 years / 3 = 2 years
PERIODS
3. Use the minimum (6 years and 1 day) as the
Rules For The Application Of Divisible Penalties: QuickTime™ and a
1. No aggravating and no mitigating minimum of the minimum period. Then add

TIFF (Uncompressed) decompressorare needed to see this picture. the 2
circumstances – medium period
2. One mitigating circumstance – minimum years (disregarding the 1 day) to the
period minimum to get the maximum of the minimum
3. One aggravating circumstance – maximum period.
period 6 years (minimum of the minimum)
4. Mitigating and aggravating circumstance + 2 years (difference)
offset each other and according to relative -------------------------------------------
weight 8 years (maximum of the minimum).
5. 2 or more mitigating without any aggravating
circumstance – one degree lower Therefore, minimum period of prision mayor
= 6 years 1 day to 8 years
NOTES:
Art. 64 applies when the penalty has 3 4. Use the maximum of the minimum period as
periods because they are divisible. If the the minimum of the medium period and add 1
penalty is composed of 3 different penalties, day to distinguish from the minimum period.
each forms a period according to Art. 77 Then add 2 years to the minimum of the
Par. 4: the mitigating circumstances must be medium (disregarding the 1 day) to get the
ordinary, not privileged. The aggravating maximum of the medium period.
circumstances must be generic or specific, 8 years (minimum of the medium)
not qualifying or inherent. + 2 years (difference)
the court has discretion to impose the penalty -------------------------------------------
within the limits fixed by law 10 years (maximum of the medium)
Art. 64 not applicable when the penalty is
indivisible or prescribed by special law or a Therefore, medium period of prision mayor =
fine 8 years 1 day to 10 years
Cases where the attending aggravating or
5. use the maximum of the medium period as
mitigating circumstances are not considered
the minimum of the maximum pd, and add 1
in the imposition of penalties:
day to distinguish it from the maximum of the
Penalty that is single and indivisible
medium period. Then add 2 years to the
Felonies through negligence minimum of the maximum pd (disregarding
Where the penalty is only a fine imposed by the 1 day) to get the maximum of the
an ordinance (subject to discretion of court – maximum period)
see Article 66) 10 years (maximum of the medium)
Penalty is prescribed by a special law + 2 years (difference)
----------------------------------------------
ART. 65: RULE IN CASES IN WHICH THE 12 years (maximum of the maximum)
PENALTY IS NOT COMPOSED OF THREE
PERIODS Therefore, maximum period of prision mayor
= 10 years 1 day to 12 years
Computations:
*Computation above is applicable to all others except
Example: Prision Mayor (6 years, 1 day to 12 to arresto mayor.
years)
1. subtract the minimum (disregard 1 day) from
the maximum Example: Prision Mayor minimum (6 years 1 day
12 years – 6 years = 6 years to 8 years) only
Page 81 of 174
1. Subtract minimum from the maximum. NOTE: When the minimum of the fine is not fixed, the
8 years – 6 years = 2 years court shall have the discretion, provided it does not
exceed the amount authorized by law.
2. Divide the difference by 3.
2 years / 3 = 8 months
ART. 67: PENALTY TO BE IMPOSED WHEN
3. Use the minimum of the given example as NOT ALL THE REQUISITES OF EXEMPTION
the minimum period. Then to get to get the OF THE FOURTH CIRCUMSTANCE OF
maximum of the minimum, add the 8 months. ARTICLE 12 ARE PRESENT
6 years + 8 months = 6 years and 8 months
Therefore, minimum of prision mayor QuickTime™ and a
minimum = 6 years 1 day to 6 years 8 Requisites of Art. 12, par. 4: TIFF (Uncompressed) decompressorare
months needed to see this picture.
1. act causing the injury must be lawful

4. Use the maximum of the minimum as the 2. act performed w/ due care
minimum of the medium period. Add 1 day to 3. injury was caused by mere accident
distinguish it from the maximum of the 4. no fault or intention to cause injury
minimum. Add the 8 months and this
becomes the maximum of the medium 6
NOTE: If these conditions are not all present, then the
years 8 months + 8 months = 7 years 4
following penalties shall be imposed:
months
1. grave felony – arresto mayor max to prision
Therefore, the medium period of prision
correcional minimum
mayor minimum = 6 years, 8 months 1 day to
2. less grave felony – arresto mayor min to
7 years, 4 months
arresto mayor medium
5. Use the maximum of the medium as the
minimum period of the maximum period and
ART. 68: PENALTY TO BE IMPOSED UPON A
add 1 day to distinguish. Add the 8 months to
PERSON UNDER EIGHTEEN YEARS OF AGE
get the maximum of this maximum 7 years 4,
months + 8 months = 8 years
Therefore, maximum of prision mayor = 7 NOTE: Art. 68 applies to such minor if his application
years, 4 months, 1 day to 8 years for suspension of sentence is disapproved or if while
in the reformatory institution he becomes incorrigible,
in which case he shall be returned to the court for the
imposition of the proper penalty.
ART. 66: IMPOSITION OF FINES
1. The Art. 68 provides for 2 privileged mitigating
court can fix any amount of the fine within the circumstances:
limits established by law. 1. If the act is attended by two or more
2. Court must consider the mitigating circumstances and no aggravating
following in imposing the circumstance, the penalty being divisible, a
fines: minor over 15 but under 18 may still get a
a. mitigating and aggravating penalty two degrees lower.
circumstances 2. under 15 but over 9 and has acted w/
b. more particularly, the wealth and discretion: 2 degrees lower
means of the culprit 3. under 18 but over 15: 1 degree lower
3. The following may also be considered by the
court:
a. the gravity of the crime committed
b. the heinousness of its perpetration ART. 69: PENALTY TO BE IMPOSED WHEN
c. the magnitude of its effects on the THE CRIME COMMITTED IS NOT WHOLLY
offender’s victims. EXCUSABLE
Page 82 of 174
NOTE: Penalty to be imposed when the crime

committed is not wholly excusable:1 or 2 degrees ART. 73: PRESUMPTION IN REGARD TO THE
lower if the majority of the conditions for justification IMPOSITION OF ACCESSORY PENALTIES
or exemption in the cases provided in Arts. 11 and 12
are present.
NOTE: Accessory penalties are deemed imposed
with the principal penalty. However, the subsidiary
imprisonment must be expressly stated in the
ART. 70: SUCCESSIVE SERVICE OF decision, as it is not considered an accessory penalty.
SENTENCE
NOTES: ART. 74: PENALTY HIGHER THAN RECLUSION

The Three-Fold Rule PERPETUA IN CERTAIN CASES
1. Maximum duration of the convict’s sentence:
3 times the most severe penalty imposed
NOTE: If the decision or law says higher than
2. Maximum duration: shall not exceed 40 yrs
reclusion perpetua or 2 degrees higher than reclusion
3. Subsidiary imprisonment: This shall be
TIFF (Uncompressed) decompressorQuickTime™ and a temporal, then the
excluded in computing for the maximum
penalty imposed is reclusion are needed to see this picture. perpetua
duration.
or reclusion temporal as the case may be, and not
* The three-fold rule shall apply only when the convict
death. Death must be designated by name.
is to serve 4 or more sentences successively.
However, for the other penalties, this does not apply.
Different Systems Of Penalty (Relative To The
Ex: the penalty for crime X is 2 degrees lower than
Execution Of Two Or More Penalties Imposed The
RP. The penalty imposed is prision mayor.
Same Accused)
1. Material accumulation system
- No limitation whatsoever,
and accordingly, all the penalties for all the ART. 75: INCREASING OR REDUCING THE
violations were imposed even if they reached PENALTY OF FINE BY ONE OR MORE
beyond the natural span of human life. DEGREES
2. Juridical accumulation system - Limited to
not more than three-fold the length of time To get the lower degree:
corresponding to the most severe and in no 1. Max: reduce by one-fourth
case to exceed 40 years. This is followed in 2. Min: the same
our jurisdiction.
3. Absorption system - The lesser penalties
are absorbed by the graver penalties. ART. 76: LEGAL PERIOD OF DURATION OF
DIVISIBLE PENALTIES
ART. 77: WHEN THE PENALTY IS A COMPLEX

ART. 71: GRADUATED SCALES
ONE COMPOSED OF THREE DISTINCT
PENALTIES
NOTE: If there are 3 distinct penalties; there shall be
ART. 72: PREFERENCE IN THE PAYMENT OF
a minimum, a medium and a maximum.
THE CIVIL LIABILITIES
Ex: Reclusion temporal max to death
NOTE: The penalties shall be satisfied according to
the chronological order of the dates of the final
judgment. (Art. 70) Chapter Five
EXECUTION AND SERVICE OF PENALTIES
Section Three. — Provisions common in the last

two preceding sections
Page 83 of 174
Section One. — General Provisions

IF THE PENALTY IS IMPOSED BY SPECIAL
ART. 78: WHEN AND HOW A PENALTY IS TO PENAL LAW
BE EXECUTED 1. The Maximum Term – must not exceed the
maximum term fixed by said law.
NOTES: 2. The Minimum Term – must not be less than
Only a penalty by final judgment can be the minimum term prescribed by the same.
executed. Judgment is final if the accused
has not appealed within 15 days or he has For SPECIAL LAWS, it is anything within the
expressly waived in writing that he will not inclusive range of the prescribed penalty. Courts
appeal. are given discretion in the imposition of the
There could be no subsidiary liability if it was indeterminate penalty. The aggravating and
not expressly ordered in the judgment. mitigating circumstances are not considered
unless the special law adopts the same
terminology for penalties as those used in the
ART. 79: SUSPENSION OF THE EXECUTION
RPC (such as reclusión perpetua and the like).
AND SERVICE OF THE PENALTIES IN CASE
OF INSANITY
WHEN BENEFIT OF THE ISL IS NOT
APPLICABLE:
Cases of insanity: The Indeterminate Sentence Law shall not apply
1. After final sentence, suspend the sentence
TIFF (Uncompressed) decompressorQuickTime™ and a to the following
regarding the personal penalties.
persons: are needed to see this picture.
2. If he recovers, the sentence is executed
unless it has prescribed. 1. sentenced to death penalty or
3. The payment of civil of pecuniary liabilities life imprisonment
shall not be suspended. 2. treason, or conspiracy or proposal to commit
treason
3. misprision of treason, rebellion, sedition or
espionage
4. piracy
INDETERMINATE SENTENCE LAW 5. habitual delinquents
Act No. 4103 as amended by Act No. 4225 6. escaped from confinement, or evaded
sentence
7. granted with conditional pardon by the
President, but violated the terms thereof 8.
- It applies to both violations of Revised Penal Code maximum term of imprisonment does not
and special laws, and is based on the penalty actually exceed 1 year 9. sentenced to the penalty of
imposed. destierro or suspension only
Indeterminate sentence is mandatory where
RELEASE OF THE PRISONER ON PAROLE
imprisonment would exceed one year.
The Board of Pardons and Parole may authorize the
release of a prisoner on parole, after he shall have
IF THE PENALTY IS IMPOSED BY THE RPC: served the minimum penalty imposed on him,
1. The Maximum Term – is that which could be provided that:
properly imposed under the RPC, considering the 1. Such prisoner is fitted by his training for
aggravating and mitigating circumstances. release,
2. The MinimumTerm – is within the range of the 2. There is reasonable probability that he will live
penalty one degree lower than that prescribed by and remain at liberty without violating the law,
the RPC, without considering the circumstances. 3. Such release will not be incompatible with the
BUT when there is a privileged mitigating welfare of society.
circumstance, so that the penalty has to be
lowered by one degree, the STARTING POINT
ENTITLEMENT TO FINAL RELEASE
for determining the minimum term of the
AND DISCHARGE
indeterminate penalty is the penalty next lower
than that prescribed by the Code for the offense.
Page 84 of 174
If during the period of surveillance such paroled 4. A youthful offender held for examination or
prisoner shall: (a) show himself to be a law abiding trial who cannot furnish bail will be committed
citizen and, (b) shall not violate any law, the Board to the DSWD/local rehabilitation center or
may issue a final certification in his favor, for his final detention home.
release and discharge. 5. If the court finds that the youthful offender
committed the crime charged against him, it
SANCTION FOR VIOLATION OF CONDITIONS OF shall determine the imposable penalty and
THE PAROLE the civil liability chargeable against him, but it
When the paroled prisoner shall violate any of the may not pronounce judgment of conviction.
conditions of his parole: (a) the Board may issue an Instead, the court shall suspend all further
order for his arrest, and thereafter, (b) the prisoner proceedings if, upon application of the
shall serve the remaining unexpired portion of the youthful offender, it finds that the best interest
maximum sentence for which he was originally of the public and that of the offender will be
committed to prison. served thereby.
REASONS FOR FIXING THE MAXIMUM AND EXCEPTIONS to suspension of sentence

MINIMUM TERMS IN THE INDETERMINATE a. those who previously enjoyed a
SENTENCE suspension of sentence
The minimum and maximum terms in the IS must be b. those convicted of death or life
fixed, because they are the basis for the following: imprisonment
1. Whenever a prisoner has: (a) served the c. those convicted for an offense by the
MINIMUM penalty imposed on him, and (b) is military tribunals
fit for release of the prisoner on parole, upon 6. The youthful offender shall be returned to the
terms and conditions prescribed by the court for pronouncement of judgment, when
QuickTime™ and a
Board.
TIFF (Uncompressed) decompressor the youthful
2. But when the paroled prisoner violates any of
offender, (1) has been found are needed to see this picture.
the conditions of his parole during the period
incorrigible, or (2) has willfully failed to
of surveillance, he may be rearrested to
comply with the conditions of
serve the remaining unexpired portion of the
his rehabilitation programs; or (3)
MAXIMUM sentence. when his continued stay in the training
3. Even if a prisoner has already served the institution would be inadvisable.
MINIMUM, but he is not fitted for release on 7. When the youthful offender has reached the
the parole, he shall continue to serve until the age of twenty one while in commitment, the
end of the MAXIMUM term. court shall determine whether-
ART. 80: SUSPENSION OF SENTENCE OF a. To dismiss the case, if the youthful
MINOR DELINQUENTS (AS REPEALED BY PD offender has behaved properly and
603: CHILD AND YOUTH WELFARE CODE) has shown his capability to be a
useful member of the community; or
b. To pronounce the judgment of
1. Youthful offender – over 9 but under 18 at conviction, if the conditions
time of the commission of the offense mentioned are not met.
2. A child nine years of age or under at the time In the latter case, the convicted offender may
of the commission of the offense shall be apply for probation. In any case, the youthful
exempt from criminal liability and shall be offender shall be credited in the service of his
committed to the care of his or her father or sentence with the full time spent in actual
mother, or nearest relative or family friend in commitment and detention.
the discretion of the court and subject to its 8. The final release of a youthful offender,
supervision. based on good conduct as provided in Art.
3. The same shall be done for a child over nine 196 shall not obliterate his civil liability for
years and under fifteen years of age at the damages.
time of the commission of the offense, unless 9. A minor who is ALREADY AN ADULT at the
he acted with discernment, in which case he time of his conviction is not entitled to a
shall be proceeded against in accordance suspension of sentence.
with Article 192.
Page 85 of 174
10. The records of the proceeding shall be

privileged and shall not be disclosed.
11. The civil liability of the youthful offender may
be voluntarily assumed by a relative or a
friend.
12. The parent or guardian of the child is liable
when he aids, abets or connives for the
commission of the crime or does an act
producing, promoting or contributing to the
child’s being a juvenile delinquent.
13. penalties for the parent or guardian: Fine not
exceeding P500 and/or imprisonment not
exceeding 2 years
PROBATION LAW OF 1976 (PD 968, AS

AMENDED)
PROBATION - a disposition under which a defendant

after conviction and sentence is released subject to
conditions imposed by the court and to the
supervision of a probation officer
RULES ON GRANT OF PROBATION

1. After having convicted and sentenced a
defendant, the trial court may suspend the
execution of the sentence, and place the
defendant on probation, upon application by
the defendant within the period for perfecting
an appeal.
2. Probation may be granted whether the
sentence imposed a term of imprisonment or
fine only.
3. No application for probation shall be
entertained or granted if the defendant has
Page 86 of 174
perfected an appeal. c. offender’s liability for any

4. Filing of application for probation operates fine
as a waiver of the right to appeal. imposed is discharged
5. The order granting or denying probation
shall not be appealable.
6. Accessory penalties are deemed
suspended once probation is granted. WHO ARE DISQUALIFIED FROM THE BENEFITS OF
7. The convict is not immediately placed on PROBATION:
probation. There shall be a prior 1. Sentenced to serve a maximum term of
investigation by the probation officer and a imprisonment of more the 6 years
determination by the court. 2. Convicted of subversion or any crime against
8. CRITERIA FOR grant of probation: the national security or the public order
a. All information relative to the 3. Previously convicted by final judgment of an
character, antecedents, offense punished by imprisonment of not less
environment, mental, and physical than 1 month and 1 day and/or a fine not less
condition of the offender than P200
b. Available institutional and 4. Already placed on probation once
community resources.
9. Probation is to be denied upon finding of There are two kinds of conditions imposed upon the
the court that: offender under probation:
a. The offender is in need of 1. Mandatory or general – once violated, the
correctional treatment that can be probation is cancelled
provided effectively by his a. The offender under probation must
commitment to an institution. present himself to the probation officer
b. There is undue risk of committing designated to undertake his
another crime. supervision, at such place as may be
c. Probation will depreciate the specified in the order, within 72 hours
seriousness of the offense from receipt of order.
committed. b. He should report to the probation officer
10. At any time during probation, the court may at least once a month.
issue a warrant for the arrest of a 2. Discretionary or special –
probationer for any serious violation of the additional conditions which the
conditions of probation. If violation is court may additionally impose for the
established, the court may: probationer’s correction and rehabilitation
a. revoke his probation, and thus outside prison. The
make him serve the sentence enumeration is not exclusive, as long as the
originally imposed, or probationer’s Constitutional rights are not
b. continue his probation and modify jeopardized.
its conditions
The court order shall not be subject to Duration of Probation Period:
appeal. 1. If the term of imprisonment is not more than one
11. Probation is not coterminous with its year, probation shall not exceed 2 years.
period. There must be an order issued by 2. if the term of imprisonment is more than one
the court discharging the probationer. Upon year, period shall not exceed 6 years.
finding that he has fulfilled the terms and 3. When the penalty is a fine only and the offender
conditions of his probation, the court may is made to serve subsidiary imprisonment,
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order the probation shall be twice the total number of
days of subsidiary imprisonment.
final discharge of the probationer. are needed to see
this picture.
This shall have the following effects:

a. case is deemed terminated ART. 81: WHEN AND HOW THE DEATH
b. all civil rights lost or suspended are PENALTY IS TO BE EXECUTED
restored ART. 82: NOTIFICATION AND EXECUTION
Page 87 of 174
OF THE SENTENCE AND ASSISTANCE TO 1. Convict shall not be permitted to enter the place
THE CULPRIT designated in the sentence nor within the radius
specified, which shall not be more
Section Two. — Execution of principal than 250 and not less than 25 km from the TIFF
penalties (Uncompressed) decompressorQuickTime™ and a place designated.
NOTE: Designate a working day, which shall not be 2. If the convict enters the prohibited area, he
communicated to the offender before the sunrise of commits evasion of sentence.
said day. The execution shall not take place until
after the expiration of at least 8 hours following such
ART. 88: ARRESTO MENOR
notification.
NOTE:
Served where:
ART. 83: SUSPENSION OF THE EXECUTION 1. In the municipal jail
OF THE DEATH SENTENCE 2. In the house of the offender, but under the
surveillance of an officer of the law whenever
Death sentence commuted to RP: the court so provides in the decision due to the
1. woman, while pregnant health of the offender. But the reason is not
2. woman, within 1 year, after delivery satisfactory just because the offender is a
3. person over 70 years of age respectable member of the community.
4. convict who becomes insane after final
sentence of death has been pronounced
ART. 84: PLACE OF EXECUTION AND Title Four

PERSONS WHO MAY WITNESS THE EXTINCTION OF CRIMINAL LIABILITY
SAME
ART. 85: PROVISIONS RELATIVE TO THE

CORPSE OF THE PERSON EXECUTED AND ITS
BURIAL
Chapter One
ART. 86: RECLUSION PERPETUA, RECLUSION
TOTAL EXTINCTION OF CRIMINAL LIABILITY
TEMPORAL, PRISION MAYOR, PRISION
CORRECCIONAL AND ARRESTO MAYOR
ART. 87: DESTIERRO

ART. 89: HOW CRIMINAL LIABILITY IS TOTALLY
EXTINGUISHED
Destierro Shall Be Imposed In The Following
PAR. 1. BY DEATH
Cases:
1. death or serious physical injuries is caused
NOTES:
or are inflicted under exceptional
circumstance Extinguishment of criminal liability is a ground
for motion to quash.
2. person fails to give bond for good behavior
Criminal liability whether before or after final
3. concubine’s penalty for the
judgment is extinguished upon death because it
crime of concubinage
is a personal penalty.
4. lowering the penalty by degrees
Pecuniary penalty is extinguished only when
death occurs before final judgment.
Execution of Destierro:
The death of the offended party however does
not extinguish criminal liability of the accused
because it is a crime against the state.
Page 88 of 174
Prescription of a crime – is the loss/forfeiture of the

right of the state to prosecute the offender after the
PAR. 2. BY SERVICE OF SENTENCE lapse of a certain time.
NOTES: NOTE: When the crime prescribes, the state loses

Crime is a debt, hence extinguished upon the right to prosecute
payment.
Service does not extinguish civil liability. PRESCRIPTIVE PERIODS OF CRIMESTIFF (Uncompressed)
decompressor
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:
PAR. 3. BY AMNESTY
1. Crimes punishable by:
a. Death, reclusión perpetua
Amnesty – is an act of the sovereign power
or
granting oblivion or general pardon. It wipes all
reclusión temporal – 20 years
traces and vestiges of the crime but does not
b. afflictive penalties – 15 years
extinguish civil liability.
c. correctional penalties – 10 years,
PAR. 4. BY ABSOLUTE PARDON
d. except those punishable by arresto
mayor which shall prescribe in 5 years
Pardon – an act of grace proceeding from the
2. Crime of libel – 1 year
power entrusted with the execution of laws, which
3. Offenses of oral defamation and slander by
exempts the individual from the punishment the law
deed – 6 months
inflicts for the crime.
4. Light offenses – 2 months
When the penalty is a compound one, the highest

AMNESTY PARDON penalty shall be made the basis of the application of
above rules.
Extended to classes of Exercised
persons who may be individually by the PAR. 6. BY PRESCRIPTION OF PENALTY
guilty of political President
offenses NOTE: means the loss/forfeiture of the right of
Exercised even before Exercised when government to execute the final sentence after the lapse
trial or investigation one is convicted of a certain time.
Conditions:
Looks backward and Looks forward and 1. There must be final judgment.
abolishes the offense relieves the 2. The period must have elapsed.
itself offender of the
consequences PRESCRIPTIVE PERIODS OF PENALTIES:
1. Death and reclusión perpetua – 20 years
Does not extinguish civil Same
2. Other afflictive penalties – 15 years
liability
3. Correctional penalties – 10 years, except for the
A public act that needs A private act of the penalty of arresto mayor which
the declaration of the President prescribes in 5 years
President 4. Light penalties – 1 year
with the concurrence of
Congress
PAR. 6. BY MARRIAGE OF THE OFFENDED WOMAN
Courts should take Must be pleaded (ART. 344)
judicial notice and proved
NOTE:
PAR. 5. BY PRESCRIPTION OF CRIME Crimes covered:
1. rape
2. seduction
Page 89 of 174
3. abduction If there is nothing concealed (appears in a

4. acts of lasciviousness public document), the crime commences to run
The marriage must be contracted in good on the date of the commission.
faith. The period of prescription for crimes which
continue never runs.
Crime needs to be discovered by:
ART. 90: PRESCRIPTION OF CRIME 1. offended party
2. authorities
3. their agents
NOTES: If a person witnesses the crime but only tells the
In computing for the period, the first day is authorities 25 years later, prescription
excluded and the last day included. Period commences on the day the authorities were
is subject to leap years. told.
When the last day of the prescriptive period
falls on a Sunday or a legal holiday, the What Interrupts Prescription?
information can no longer be filed the 1. preliminary examination or investigation which is
following day. similar to judicial proceeding
Simple slander prescribes in 2 months and 2. filing the proper complaint with the prosecutor’s
grave slander in 6 months. office. Police not included.TIFF (Uncompressed)
Since destierro is a correctional penalty, it decompressor
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prescribes in 10 years. For afflictive are needed to see this picture.
penalties, period is 15 years. 3. Filing complaint with the court that has proper
If it is a compound penalty, basis will be the jurisdiction
highest penalty.
If fine is an alternative penalty (imposed The Period Commences To Run Again When The
together with a penalty lower than the fine), Proceeding Is Terminated:
fine shall be the basis. 1. Without the accused being convicted or
Prescription begins to run from the acquitted
discovery thereof. It is interrupted when 2. The proceeding is unjustifiably stopped for a
proceedings are instituted and shall begin reason not imputable to the offender
to run again when the proceedings are
dismissed. When such proceedings terminate – termination
If an accused fails to move to quash before that is final; an unappealed conviction or acquittal
pleading, he is deemed to have waived all
objections, except if the grounds are: Unjustifiably stopped for any reason – ex:
1. facts charged do not constitute an accused evades arrest, proceedings must be stopped
offense
2. court has no jurisdiction NOTE: Art. 91 applies to a special law when said law
3. criminal action or liability has been does not provide for the application but only provides for
extinguished the period of prescription.
4. the averments, if true, would
constitute a legal excuse or
justification (See Rule 117, Sec 9, ART. 92: WHEN AND HOW PENALTIES
RoC) PRESCRIBE
Prescription does not take away the court’s
jurisdiction but only absolves the defendant NOTES:
and acquits him. Final sentence must be imposed.
If a convict can avail of mitigating
ART. 91: COMPUTATION OF PRESCRIPTION circumstances and the penalty is lowered, it is
OF still the original penalty that is used as the basis
OFFENSES for prescription. However, if the convict already
serves a portion of his sentence and escapes
NOTES: after, the penalty that was imposed (not the
original) shall be the basis for prescription.
Page 90 of 174
Fines less than P200 fall under light sovereign power of the executive and the convict
penalty. Those above are correccional.
NOTE: Convict shall not violate any of the penal laws of
ART. 93: COMPUTATION OF THE the Philippines.
PRESCRIPTION
OF PENALTIES In Case Of Violation Of Conditions:
1. Offender is re-arrested and re-incarcerated
The period of prescription commences to run from
the date when the culprit evaded the service of his 2. Prosecution under Art. 159
sentence.
COMMUTATION – change in the decision of the court
Requisites: by the chief regarding the:
1. Penalty is imposed by final sentence. 1. degree of the penalty
2. Convict evaded service of the sentence by 2. by decreasing the length of the imprisonment or
escaping during the term of his sentence. fine
3. Convict has not given himself up, or been
captured, or gone to a foreign country with Commutation Allowed When:
which we have no extradition treaty, or 1. person is over 70 years old
committed another crime. 2. 8 justices fail to reach a decision affirming the
4. Penalty has prescribed, because of the death penalty
lapse of time from the date of the evasion
of the service of the sentence.
CONDITIONAL PAROLE
Interruption Of The Period:
PARDON
If the convict
1. gives himself up Given after final Given after service of the
ckTime™ and a
2. be captured judgment essed)
Qui
3. goes to a foreign country with which the TIFF (Uncompr decompressor minimum
are needed t
Philippines has no extradition treaty penalty o see this
picture.
4. commits another crime before the
Granted by Chief Given by the Board of
expiration of the period of prescription
Executive Pardons and Parole
5. accepts a conditional pardon
For violation, convict For violations, may be
NOTES:
may be prosecuted rearrested, convict
If a government has an extradition treaty
with the country to which a convict under 159 serves remaining
escaped, but the crime is not included in sentence
the treaty, the running of the prescription is
still interrupted. ART. 95: OBLIGATION INCURRED BY PERSON
Evasion of sentence starts the running of GRANTED CONDITIONAL PARDON
the prescription. It does not interrupt it.
Acceptance of the conditional pardon NOTES:
interrupts the prescription period. Consent is not necessary in commutation.
Rolito Go case: Since he was captured, he Prisoner is also allowed special time
is only supposed to serve the remainder of allowance for loyalty which is 1/5 deduction of
his sentence. Reason: During the period he the period of his sentence.
escaped, his existence was one of fear and
discomfort. PAROLE – consists in the suspension of the sentence
of a convict after serving the minimum term of the
ART. 94: PARTIAL EXTINCTION OF indeterminate penalty, without granting pardon,
CRIMINAL LIABILITY prescribing the terms upon which the sentence shall be
suspended. In case his parole conditions are not
Conditional pardon – contract between the observed, a convict may be returned to the custody and
Page 91 of 174
continue to serve his sentence without deducting within 48 hours following the issuance of the
the time that elapsed. proclamation by the President announcing the
passing away of the calamity or catastrophe.
Good conduct allowance during confinement – The deduction is based on the original sentence
Deduction for the term of sentence for good and not on the unexpired portion.
behavior Art 158 provides for increased penalties:
A convict who has evaded the service of his
sentence by leaving the penal institution on the
Allowances For Good Conduct Per Year occasion of disorder resulting from
conflagration, earthquake or similar catastrophe
Years Allowance or during mutiny in which he did not participate
First 2 years 5 days per month of is liable to an increased penalty (1/5 of the time
good behavior still remaining to be served – not to exceed 6
months), if he fails to give himself up to the
3rd to 5th years 8 days per month of
authorities within 48 hours following the
good behavior
issuance of a proclamation by the President
Following years up 10 days per month of announcing the passing away of the calamity.
to good behavior
10th year
11th year and 15 days per month of ART. 99: WHO GRANTS TIME
successive years good behavior ALLOWANCES
NOTE: Condition of pardon is limited to unserved NOTES:

portion of the sentence, unless an intention to The authority to grant time allowance for good
extend it beyond the time is manifest. conduct is exclusively vested in the Director.
(e.g. provincial warden cannot usurp Director’s
ART. 96: EFFECT OF COMMUTATION OF authority)
SENTENCE It is not an automatic right, and once granted,
cannot be revoked by him.
ART. 97: ALLOWANCE FOR GOOD
CONDUCT
NOTES: Title Five

allowance for good conduct not applicable CIVIL LIABILITY
when prisoner released under conditional QuickTime™ and a
pardon. TIFF (Uncompressed) decompressor are needed to see this picture.
good conduct time allowance is given in

consideration of good conduct of prisoner
Chapter One
while he is serving sentence.
PERSON CIVILLY LIABLE FOR FELONIES
ART. 98: SPECIAL TIME ALLOWANCE

FOR LOYALTY
TWO CLASSES OF CIVIL LIABILITY

1. social injury – produced by disturbance and
alarm which are the outcome of the offense
NOTES:
2. personal injury – caused by the victim who
The article applies only to prisoners who
may have suffered damage, either to his
escaped.
person, property, honor or chastity
There is a deduction of 1/5 of the period of
sentence of prisoner who, having evaded
the service of his sentence during the
calamity or catastrophe mentioned in Art
158, gives himself up to the authorities ART. 100: CIVIL LIABILITY OF A
Page 92 of 174
PERSON GUILTY OF FELONY fear of an equal or greater injury does not

include exemption from civil liability.
Acquittal in the criminal action for negligence
Dual Character Of The Crime As Against: does not preclude the offended party from filing
1. the state, because of the disturbance of a civil action to recover damages, based on the
peace and order theory that the act is a quasidelict.
2. the private person injured, unless it involves When the court found the accused guilty of
the crime of treason, rebellion, espionage, criminal negligence but failed to enter judgment
contempt and others where no civil liability of civil liability, the private prosecutor has a right
arises on the part of the offender either to appeal for the purposes of the civil liability of
because there are no damages or there is the accused. The appellate court may remand
no private person injured by the crime the case to the trial court for the latter to include
in its judgment the civil liability of the accused
Before expiration of the 15-day period to
Damage that may be recovered in criminal appeal, the trial court can amend the judgment
cases: of conviction by adding a provision for the civil
1. Crimes against persons, like crime of liability of the accused, even if the convict has
physical injuries – whatever he spent for started serving the sentence.
treatment of wounds, doctor’s fees, If offender dies prior to the institution of the
medicines as well as salary or wages action or prior to the finality of judgment, civil
unearned liability ex delicto is extinguished.
2. Moral Damages: seduction, abduction, An independent civil action may be brought by
rape or other lascivious acts, adultery or the injured party during the pendency of the
concubinage, illegal or arbitrary detention criminal case provided the right is reserved.
or arrest, illegal search, libel, slander or any Reservation is necessary in the following cases:
other form of defamation, malicious (according to Herrera, no reservation needed)
prosecution i. any of the cases referred to in Art 32
3. Exemplary Damages: imposed when (perpetual or temporary disqualification
crime was committed with one or more for exercise of the right of suffrage)
aggravating circumstances ii. defamation, fraud and physical injury
(bodily injury and not the crime of
NOTES: physical injury)
If there is no damage caused by the iii. civil action is against a member of a city
commission of the crime, offender is not or municipal police force for refusing or
civilly liable. failing to render aid or protection to any
Dismissal of the information or the criminal person in case of
action does not affect the right of the danger to life or property
offended party to institute or continue the
civil action already instituted arising from Prejudicial Question – one which arises in a case,
the offense, because such dismissal does the resolution of which is a logical antecedent of the TIFF
not carry with it the extinction of the civil (Uncompressed) decompressor

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one. are needed to see this picture. issue involved in
When accused is acquitted on ground that said case and the cognizance of which pertains to
his guilt has not been proven beyond another tribunal. (elements provided in Rule 111,
reasonable doubt, a civil action for Section 7 of RoC) For the principle to apply, it is
damages for the same act or omission may essential that there be 2 cases involved, a civil and a
be instituted. criminal case. Prejudicial questions must be decided
before any criminal prosecution may be instituted or
Exemption from criminal liability in favor of
may proceed.
an imbecile or insane person, and a person
under 15 years, or over 15 but under 18
ART. 101: RULES REGARDING CIVIL
who acted without discernment and those
LIABILITY IN CERTAIN CASES
acting under the impulse of irresistible force
or under the impulse of an uncontrollable
Page 93 of 174
General Rule: Exemption from criminal liability General Rule: no civil liability in justifying
does not include exemption from civil liability. circumstances
Exception: No civil liability in Art. 12, par. 4 Exception: par. 4 of Art. 11, where a person
(injury caused by mere accident) and par. 7 does an act, causing damage to another, in
(failure to perform an act required by law when order to avoid evil or injury, the person
prevented by some lawful or insuperable cause). benefited by the prevention of the evil or injury
shall be civilly liable in proportion to the benefit
Pars. 1,2,3,5 and 6 are NOT exempt from civil he received.
liability although exempt from criminal liability.
Civil liability in case of state of necessity
Who Are Civilly Liable For: - Those who benefited by the act are liable. The
1. acts of insane or minor exempt from court shall determine the proportionate amount for
criminal liability which each shall be liable. If the government or
a. primarily persons having legal majority of the inhabitants are held responsible,
authority or control over him, if at such will be determined by special laws or
fault or negligent (except if proven regulations.
that they acted without fault or with
due diligence) ART. 102: SUBSIDIARY CIVIL LIABILITY OF
b. If there is no fault or negligence, or INNKEEPERS, TAVERNKEEPERS AND
even with fault but are insolvent PROPRIETORS OF ESTABLISHMENTS
and there are no persons having
legal authority over them, the PAR. 1
property of the insane, minor or
imbecile not exempt from execution
Requisites:
shall be held liable.
1. The innkeeper, tavernkeeper or proprietor of the
establishment or his employee committed a
2. over 15 but under 18, with discernment
violation of municipal ordinance or some
a. The father and, in case of his death
general or special police regulation.
or incapacity, the mother, are
2. A crime is committed in such establishment.
responsible for the damages
3. The person criminally liable is insolvent. NOTE:
caused by the minor children who
When all these are present, the innkeeper,
live in their company.
tavernkeeper or any other person or corporation
b. Guardians over minors who are
is subsidiarily liable for the crime committed in
under their authority and live in
his establishment.
their
company
PAR. 2:
c. If there are no parents or guardian,
the minor or insane person shall be
Requisites:
answerable with his own property in
an action against him where a 1. The guests notified in advance the innkeeper of
guardian ad litem shall be the deposit of such goods within the inn or
appointed. house.
2. The guests followed the directions of the
innkeeper or his representative with respect to
NOTE: Final release of a child based on good
the care of and vigilance over such goods. 3.
conduct does not remove his civil liability for
Such goods of the guests lodging therein
damages. QuickTime™ and a
3. persons acting under an irresistible force were taken by robbery w/ force upon things are
or uncontrollable fear – Persons using
or theft committed within the inn
violence or causing the fear are primarily or house.
liable. If there are none, those doing the act
are responsible.
ART. 103: SUBSIDIARY CIVIL LIABILITY OF
Page 94 of 174
OTHER PERSONS (return property liabilities are to paid

taken), nothing to pay out of the property of
Requisites: in terms of money the
1. The employer, teacher, person or offender
corporation is engaged in any kind of No fines and costs of Includes fines and
industry. proceedings costs of proceedings
2. Any of their servants, pupils, workmen,
apprentices or employees commits a felony
while in the discharge of his duties.
3. The said employee is insolvent and has not
satisfied his civil liability. Chapter Two
WHAT CIVIL LIABILITY INCLUDES
Industry – any department or branch of art,
occupation or business; especially one w/c employs
so much labor and capital is a distinct branch of
trade ART. 104: WHAT IS INCLUDED IN CIVIL
NOTES:
NOTE: The first remedy granted by law is restitution of
Hospitals are not engaged in industry;
the thing taken away by the offender; if restitution
hence, they are not subsidiarily liable for
cannot be made by the offender or by his heirs, the law
acts of nurses.
allows the offended party reparation. In either case,
Private persons without business or
indemnity for consequential damages may be required.
industry are not subsidiarily liable.
A separate trial is not necessary to
Restitution – In theft, the culprit is duty bound to return
enforce the subsidiary liability of the
the property stolen.
employer. The judgment obligee only needs
to file a motion for subsidiary execution.
During the hearing of the said motion, it is Reparation – In case of inability to return the property
incumbent upon the movant to prove that; stolen, the culprit must pay the value of the property
(1) an employeremployee relationship stolen.
exists; (2) the employer is engaged in an In case of physical injuries, the reparation of the
industry; (3) the convict committed the damage caused would consist in the payment of
crime while in the discharge of his duties; hospital bills and doctor’s fees to the offended party.
and (4) the writ of execution was returned
unsatisfied. Indemnification – the loss of salary or earnings
The employer’s subsidiary liability arises
when it is proved that the convict committed ART. 105: RESTITUTION; HOW MADE
the crime while at the service of the
employer and the writ of execution issued
against the accused is returned unsatisfied. NOTES:
On the other hand, if the convict committed The convict cannot, by way of restitution, give to
the crime but NOT while in the service of an the offended party a similar thing of the same
employer and he cannot pay his civil amount, kind or species and quality. The very
liability, Art. 39 on subsidiary penalty will thing should be returned.
apply. If the property stolen while in the possession of
the third party suffers deterioration due to his
fault, the court will assess the amount of the
CIVIL LIABILITIES PECUNIARY deterioration and, in addition to the return of the
LIABILITIES property, the culprit will be ordered to pay such
Includes reparation Same amount.
and indemnification The owner of the property illegally taken by
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Includes restitution No restitution as the the offender can recover it from whomsoever TIFF
(Uncompressed) decompressorare needed to see this picture. is in
Page 95 of 174
possession thereof. Thus, even if the The accused is liable for the damages caused
property stolen was acquired by a 3rd as a result of the destruction of the property
person by purchase without knowing that it after the crime was committed, either because it
has been stolen, such property will be was lost or destroyed by the accused himself or
returned to the owner. that by any other person or as a result of any
If the thing is acquired by a person knowing other cause or causes.
that it was stolen, then he is an accessory
and therefore criminally liable. ART. 107: INDEMNIFICATION; WHAT IS
The third party who acquired the stolen INCLUDED
property may be reimbursed with the price
paid therefor if it be acquired at (a) a public
NOTES:
sale and (b) in good faith.
Indemnity refers to crimes against persons
Circumstances which bar an action for
while reparation to crimes against property.
recovery: (a) torrens title, (b) when sale is
Indemnity for medical services still unpaid may
authorized
be recovered.
When the liability to return a thing arises
Contributory negligence on the part of the
from a contract, and not from a criminal act,
offended party reduces the civil liability of the
the court cannot order its return in the
offender.
criminal case.
The civil liability may be increased only if it will
Restitution may be ordered, even if
not require an aggravation of the decision in the
accused is acquitted, provided the
criminal case on which it is based.
offense is proved and it is shown that the
The amount of damages for death shall be at
thing belongs to someone else.
least 50,000, even though there may have been
When crime is not against property, no
mitigating circumstances. In addition:
restitution or reparation of the thing can be
1. payment for the loss of the earning
done.
capacity of the deceased
Payment of salary of an employee during
2. If the deceased was obliged to give
the period of suspension cannot, as a
support, the recipient, who is not an
general rule, be properly decreed by the
heir, may demand support from the
court in a judgment of acquittal. It devolves
defendant.
upon the head of the department
concerned to do so. 3. The spouse, illegitimate descendants
and ascendants of the deceased may
The court has authority to order the
demand for moral damages.
reinstatement of the accused acquitted of a
crime punishable by the penalty of
perpetual or temporary disqualification. Moral damages may be recovered in the following:
1. physical injuries
2. seduction, abduction, rape
3. adultery, concubinage
ART. 106: REPARATION; HOW MADE 4. illegal or arbitrary detention
5. illegal search
NOTES: 6. libel, slander, defamation
The court orders reparation if restitution 7. malicious prosecution
is not possible.
Reparation shall be: the price of the thing,
ART. 108: OBLIGATION TO MAKE
plus its sentimental value.
RESTORATION, REPARATION FOR DAMAGES,
If there is no evidence as to the value of the
thing unrecovered, reparation cannot be OR INDEMNIFICATION FOR CONSEQUENTIAL
made. DAMAGES AND ACTIONS TO DEMAND THE
Payment by the insurance company does SAME; UPON WHOM IT DEVOLVES
not relieve the offender of his obligation to
repair the damage caused. NOTES:
Damages shall be limited to those caused The heirs of the person liable has no obligation
by the crime. if restoration is not possible and the deceased
left no property.
Page 96 of 174
Civil liability is possible only when the

offender dies after final judgment.
If the death of the offender took place
Chapter Three
before
EXTINCTION AND SURVIVAL OF CIVIL
any final judgment of conviction was TIFF
QuickTime™ and a LIABILITY
rendered against him, the action for

restitution must necessarily be dismissed.
ART. 112: EXTINCTION OF CIVIL LIABILITY

ART. 109: SHARE OF EACH PERSON CIVILLY
LIABLE
Civil Liability Is Extinguished By:
1. payment or performance
NOTE: In case of insolvency of the accomplices, 2. loss of the thing due
the principal shall be subsidiarily liable for their 3. condonation or remission of the debt
share of the indemnity. In case of the insolvency of 4. confusion or merger of the rights of creditor and
the principal, the accomplices shall be subsidiarily debtor
liable, jointly and severally liable, for the indemnity 5. compensation
due from said principal.
6. novation
ART. 110: SEVERAL AND SUBSIDIARY

LIABILITY OF PRINCIPALS, ACCOMPLICES
AND ACCESSORIES OF A FELONY; ART. 113: OBLIGATION TO SATISFY CIVIL
PREFERENCE IN PAYMENT LIABILITY
Each class of principals, accomplices and NOTES:

accessories is liable solidary for their share and Unless extinguished, civil liability subsists even
subsidiarily liable for the share of the other classes. if the offender has served sentence consisting
of deprivation of liberty or other rights or has not
Preference In Enforcement Of Subsidiary served the same, due to amnesty, pardon,
Liability: commutation of the sentence or any other
1. against the property of the principal reason.
2. against that of the accomplice Under the law as amended, even if the
3. against that of the accessories subsidiary imprisonment is served for
nonpayment of fines, this pecuniary liability of
ART. 111: OBLIGATION TO MAKE the defendant is not extinguished.
RESTITUTION IN CERTAIN CASES While amnesty wipes out all traces and vestiges
of the crime, it does not extinguish the civil
NOTES: liability of the offender. A pardon shall in no
This refers to a person who has case exempt the culprit from the payment of the
participated gratuitously in the proceeds of civil indemnity imposed upon him by the
a felony and he is bound to make restitution sentence.
in an amount equivalent to the extent of Probation affects only the criminal aspect of the
such participation. crime.
The third person must be innocent of the
commission of the crime, otherwise he
would be liable as an accessory and this
article will not apply.
BOOK II
Ex. A stole a ring worth 1k which he gave to B who
accepted it without knowledge that it was stolen. B
sold the ring to C for 500. B is liable to make
restitution up to 500 only.
Page 97 of 174
Philippines
TITLE ONE CRIMES AGAINST NATIONAL
SECURITY AND THE LAW OF NATIONS NOTES:
• Treason committed in a foreign country may be
prosecuted in the Philippines. (Art.2, RPC)
• Treason by an alien must be committed in the
Section 1 – Treason and Espionage Philippines. (EO 44).
ART 114. TREASON

WAYS TO COMMIT TREASON:
ELEMENTS: 1. Levying war against government - requires:
1. Offender is a Filipino citizen or an alien a. Actual assembling of men
resident; TIFF (Uncompressed) decompressorQuickTime™ and a b. Purpose of executing a treasonable
2. There’s a warare needed to see this picture. in and design, by force
Philippines is involved; and 2. Adheres to enemies – following must concur
together:
3. Offender either –
a. Actual adherence
a. Levies war against the
b. Give aid or comfort
government; or
b. Adheres to enemies, giving aid
NOTES:
or
• Levying war - must be with intent to overthrow
comfort.
the government as such, not merely to repeal a
particular statute or to resist a particular officer.
• Not necessary that those attempting to
NOTES:
overthrow the government by force of arms
• Treason – breach of allegiance to the
government by a person who owes
allegiance to it.
• Allegiance – obligation of fidelity and
obedience which individuals owe to the
government under which they live or to their
sovereign, in return for protection they
receive
• Treason is a war crime - punished by state
as a measure of self-protection
• Committed in times of war (not peace)
when
- there is actual hostilities - no
need for a declaration of war.
• Mere acceptance of public office and
discharge of official duties under the enemy
do not constitute per se the felony of
treason. But when the position is policy-
determining, the acceptance of public office
and the discharge of official duties
constitute treason.
PERSONS LIABLE:
1. Filipino – permanent allegiance; can
commit treason anywhere
2. Alien Residing – temporary allegiance;
commit treason only while residing in
Page 98 of 174
should have the apparent power to • No treason through negligence since it

succeed in their design, in whole or in part must be intentional
• Adherence – intellectually or emotionally • No complex crime of treason with murder –
favors the enemy and harbors sympathies or murder is the overt act of aid or comfort
convictions disloyal to his country’s policy or and is therefore inseparable from treason
interest. itself.
• Aid or Comfort – act w/c strengthens or • DEFENSE:
tends to strengthen the enemy of the - Duress or uncontrollable fear -
government in the conduct of war against the Obedience to de facto government • NOT
government, or an act w/c weakens or tends DEFENSE:
to weaken the power of the government or - Suspended allegiance
the country to resist or to attack the enemies - Joining the enemy army thus becoming a
of the gov’t or country citizen of the enemy
WAYS TO PROVE:
1. Treason ART. 115. CONSPIRACY AND PROPOSAL TO
a. Testimony of at least 2 witnesses COMMIT TREASON
to the same overt act
b. Judicial confession of accused
2. Adherence
ELEMENTS – CONSPIRACY:
a. One witness
b. Nature of act itself 1. In time of war;
c. Circumstances surrounding act 2. Two or more persons come to an agreement
to -
NOTES: a. levy war against the government, or
b. adhere to the enemies and to give them
• To convict: testimonies must relate to the
aid or comfort
same overt act – not two similar acts
3. They decide to commit it.
• If act is separable – each witness can testify
to parts of it; but the act, as a whole, must be
ELEMENTS – PROSOPAL:
identifiable as an overt act
• Confession must be in open court 1. In time of war
• Reason for 2-witness rule Æ special nature 2. A person who has decided to levy war
of the crime requires that the accused be against the government, or to adhere to the
afforded a special protection not required in enemies and to give them aid or comfort
other cases so as to avoid a miscarriage of 3. Proposes its execution to some other
justice. Extreme seriousness of the crime, for person/s.
which death is one of the penalties provided
by law, and the fact that the crime is General Notes:
committed in abnormal times, when small • As a general rule, conspiracy and proposal to
differences may in mortal enmity wipe out all commit a felony is not punishable (ART.8). Art
scruples in sacrificing the truth. 115 is an exception as it specifically penalizes
conspiracy and proposal to commit treason.
General Notes: • Mere agreement and decision to commit
• Inherent circumstances Æ they do not treason is punishable.
aggravate the crimeQuickTime™ and a • Two-witness rule – not applicable since this is
a crime separate from treason
- Evident premeditation TIFF (Uncompressed)
• Mere proposal even without acceptance is
decompressorare needed to see this picture.
punishable, too. If the other accepts, it is
- superior strength already conspiracy.
- treachery • If actual acts of treason are committed after
• Treason is a continuing crime. Even after the conspiracy or proposal, the crime
the war, offender can still be prosecuted. committed will be treason, and the
Page 99 of 174
conspiracy or proposal is considered as a 1. That the offender are needed to see this
means in the commission thereof. picture.
enters a warship, fort, naval or
military establishment or
reservation;
2. That he has no authority therefore;
and
3. That his purpose is to obtain
information, plans, photographs or
ART. 116. MISPRISION OF TREASON
other data of a confidential nature
relative to the defense of the
Philippines.
ELEMENTS:
1. Offender owes allegiance to the government 2. By disclosing to the representative of a
2. Not a foreigner foreign nation the contents of the articles,
3. Has knowledge of any conspiracy (to data or information referred to in the
commit treason) against the government preceding paragraph, which he had in his
4. He conceals or does not disclose the same possession by reason of the public office he
to the authorities in w/c he resides. holds.
NOTES: ELEMENTS:
• Offender is punished as an accessory to the 1. That the offender is a public officer;
crime of treason. 2. That he has in his possession the
• But is actually principal to this crime. articles, data or information referred to in the
• Crime doesn’t apply if crime of treason is first mode of committing espionage, by
already committed and it is not reported. reason of the public office he holds; and 3.
• It is a crime of omission. That he discloses their contents to a
• RPC mentions 4 individuals (i.e. governor, representative of a foreign nation.
provincial fiscal, mayor or city fiscal), but
what if you report to some other high-ranking PERSONS LIABLE: 1.
government. official? First mode:
Ex: PNP Director? Judge Pimentel says any a. Filipino
governement. official of the DILG is OK.. b. alien residing 2.
Second mode:
ART. 117. ESPIONAGE a. Offender is a public officer.
NOTES:
ESPIONAGE – is the offense of gathering, • Being a public officer is a requirement in
transmitting, or losing information respecting the the second paragraph
national defense with intent or reason to believe • It is aggravating in the first.
that the information is to be used to the injury of
the Republic of the Philippines or the advantage
General Notes:
of a foreign nation.
• Espionage is the offense of gathering,
transmitting, or losing information
respecting the national defense with the
intent or reason to believe that the
MODES of COMMITTING ESPIONAGE: information is to be used to the injury
1. By entering, without authority, a warship, of the Philippines or the advantage of any
fort, or military or naval establishment or foreign nation. It is not conditioned on
reservation to obtain any information, plan or citizenship. • Wiretapping is not
other data of confidential nature relative to espionage if the purpose is not
the defense of the Philippines.
connected with the defense. • In the
ELEMENTS:TIFF (Uncompressed) decompressor first mode of committing the felony, it is
QuickTime™ and a
Page 100 of 174

not necessary that the offender 2. Such acts provoke or give occasion for a
succeeds in obtaining the information. war involving or liable to involve the
Philippines or expose Filipino citizens to
TREASON ESPIONAGE reprisals on their persons or property;
In both – not conditioned by citizenship of offender
Committed in war time War and Peace time NOTES:
Limited in two ways of Committed in many ways • Crime is committed in time of TIFF (Uncompressed)
committing crime: decompressor
QuickTime™ and a
peace.
levying war, and • Intent of the offender is are needed to see this
adhering to the enemy picture.
immaterial.
giving him aid or • In inciting to war, the offender is any
comfort person. If the offender is a public officer,
the penalty is higher.
• Reprisals are not limited to military
action, it could be economic reprisals, or
denial of entry into their country.
C.A. NO. 616
An Act to Punish Espionage and Other • Example: X burns Chinese flag. If China
Offenses Against National Security bans the entry of Filipinos into China, that
is reprisal.
ACTS PUNISHABLE: ART. 119. VIOLATION OF NEUTRALITY

1. Unlawfully obtaining or permitting to be
obtained information affecting national
defense;
ELEMENTS:
2. Unlawful disclosing of information affecting
national defense; 1. That there is war in which the Philippines is
not involved;
3. Disloyal acts or words in time of peace (i.e.
causing in any manner insubordination, 2. That there is a regulation issued by
disloyalty, mutiny or refusal of duty of any competent authority for the purpose of
member of the military, naval, or air forces of enforcing neutrality; and
the Philippines); 3. That the offender violates such regulation.
4. Disloyal acts in time of war; NOTES: • This crime is committed only in
5. Conspiracy to commit the foregoing acts; time of war.
6. Harboring or concealing violators of the • Neutrality of the Philippines that was
law (i.e. the offender harbors a person whom violated.
he knows as someone who committed or is • There has to be a regulation issued by
about to commit a violation of this Act); and competent authority for enforcement of
7. Photographing from aircraft of vital military neutrality – offender violated it
information. • Being a public officer or employee has
higher penalty
Section Two – Provoking War & Disloyalty in ART. 120. CORRESPONDECE WITH HOSTILE
Case of War COUNTRY
ELEMENTS:
ART. 118. INCITING TO WAR OR GIVING 1. There’s a war in and Philippines is
MOTIVES FOR REPRISALS involved;
2. That the offender makes correspondence
with an enemy country or territory
ELEMENTS: occupied by enemy troops;
1. Offender performs unlawful or 3. That the correspondence is either –
unauthorized acts; a. prohibited by the government, or
Page 101 of 174

b. carried on in ciphers or • An alien resident may be held guilty for

conventional signs, or this crime because an alien owes
c. containing notice or information which allegiance to the Philippine government
might be useful to the enemy. albeit temporary.
QUALIFYING CIRCUMSTANCES:
1. Notice or information might be useful to the Section Three – Piracy & Mutiny on The High
enemy. Seas
2. Offender intended to aid the enemy.
ART. 122. PIRACY IN GENERAL AND MUTINY
NOTES: ON THE HIGH SEAS
• Circumstances qualifying the offense:
1. notice or information might be useful
PIRACY – MODES TO COMMIT:TIFF (Uncompressed)
to the enemy QuickTime™ and a
decompressor
2. offender intended to aid the enemy
• A hostile country exists only during 1. By attacking or seizing a vessel on the are needed
hostilities or after the declaration of war. to see this picture.

high seas or in the Philippine
• Correspondence to enemy country is waters (PD 532);
correspondence to officials of enemy
country even if said official is related to 2. By seizing the whole or part of the cargo of
the offender. said vessels, its equipment or personal
• It is not correspondence with private belongings of its complement or passengers,
individual in enemy country. the offenders being strangers to the
• If ciphers were used, no need for vessels.
prohibition of the government.
• If ciphers were not used, there is a need PIRACY – it is robbery or forcible depredation on
for prohibition of the government. the high seas, without lawful authority and done
• It is immaterial if correspondence with animo furandi and in the spirit and intention of
contains innocent matters. If prohibited, universal hostility.
correspondence is punishable.
MUTINY – the unlawful resistance to a superior, or

ART. 121. FLIGHT TO ENEMY’S COUNTRY the raising of commotions and disturbances on
board a ship against the authority of its commander.
ELEMENTS:
ELEMENTS of PIRACY:
1. There’s a war and Philippines is involved;
1. A vessel is on the high seas or Philippine
2. Offender owes allegiance to
waters;
the government;
2. Offenders – not members of its complement
3. Offender attempts to flee or go to enemy
nor passengers of the vessel; and
country; and
3. That the offenders –
4. Going to enemy country is prohibited by
a. attack or seize vessel (if committed by
competent authority.
crew or passengers, the crime is not
piracy but robbery in the high seas), or
PERSONS LIABLE:
b. seize whole or part of vessel’s cargo,
1. Filipino citizen
equipment or personal belongings of
2. Alien residing in the Philippines
its complement or passengers.
NOTES:
NOTES:
• Mere attempt consummates the crime.
• High seas - any waters on the sea coast
• There must be a prohibition. If there is
which are without the boundaries of the low
none, even if one went to enemy country,
water mark although such waters may be in
there is no crime.
Page 102 of 174
the jurisdictional limits of a foreign government; The offender is an The offender is a member
parts of the sea that are not included in the outsider. of the complement or a
exclusive economic zone, in the territorial seas, passenger of the vessel.
or in the internal waters of a state, or in the
archipelagic waters of an archipelagic state In both, there is intent to gain and the manner of
(United Nations committing the crime is the same.
Convention on the Law of the Sea).
• Philippine waters – all bodies of water, such
as but not limited to seas, gulfs, bays, around, WITHIN PHIL. WATERS
between and connecting each of the islands of
the Philippine Archipelago, irrespective of its Art. 122, RPC PD 532, Anti-Piracy
depth, breath, length or dimension, and all
waters belonging to the Philippines by historic Offender is an outsider Offender is
or legal title, including territorial sea, the crew or
seabed, the insular shelves, and other passenger
submarine areas over which the Philippines
has sovereignty and jurisdiction. (Sec. 2, P.D.
No. 532)
• Now, Art. 122, as amended by R.A. 7659 PD 532 (ANTI-PIRACY AND ANTI-HIGHWAY
Piracy and Mutiny in Philippine waters is QuickTime™ and a
punishable. ROBBERY LAW OF 1974) TIFF (Uncompressed) decompressorare

• Before R. A. 7659 amended Art 122, piracy needed to see this picture.
and mutiny only on the high seas was

punishable. However, the commission of the
acts described in Arts. 122 and 123 in
VESSEL – any vessel or watercraft used for (a)
Philippine waters was under P.D. No. 532.
transport of passengers and cargo or (b) for fishing.
• Piracy in high seas – jurisdiction of any court
where offenders are found or arrested.
AIDING OR ABETTING PIRACY REQUISITES:
• Piracy in internal waters – jurisdiction of
1. Knowingly aids or protects pirates;
Philippine courts.
2. Acquires or receives property taken by such
• For purposes of the Anti-Fencing Law, piracy
pirates, or in any manner derives any benefit;
is part of robbery and theft.
3. Directly or indirectly abets the commission of
piracy.
PIRACY MUTINY NOTE: Under PD 532, piracy may be committed

Robbery or forcible Unlawful resistance to a even by a passenger or member of the
degradation on the high superior officer, or the complement of the vessel.
seas, without lawful raising of commotion and
authority and done with disturbances on board a ship
animo furandi and in against the authority of its ART. 123. QUALIFIED PIRACY
the spirit and intention commander.
of universal hostility.
Intent to gain is an Intent to gain is not an QUALIFYING CIRCUMSTANCES:
element. element 1. Seizure of the vessel by boarding or firing
upon the same;
Attack from outside. Attack from the inside.
2. Abandonment of victims without means of
Offenders are strangers
saving themselves; or 3. Piracy was
to the vessel.
accompanied by murder, homicide,
physical injuries, or rape.
PIRACY ROBBERY ON HIGH NOTES:
SEAS
Page 103 of 174

• Parricide/infanticide should be included all exterior doors are closed following

(according to Judge Pimentel). embarkation.
• There is a conflict • Where the aircraft is of foreign registry,
between this provision and offense need not take place while in
the provision on rape. Ex: If rape is flight.
committed on someone below 7 yrs. old –
penalty is death under the new rape law. QUALIFYING CIRCUMSTANCES (Par 1 & 2):
But if rape committed on someone below 7 1. Firing upon the pilot, member of the crew or
during the time of piracy – reclusion
passenger of the aircraft;
perpetua to death.
2. Exploding or attempting to explode any
• Themurder/rape/homicide/physical
bomb or explosive to destroy the aircraft; or
injuries must have been committed on the
3. The crime is accompanied by murder,
passengers or on the complement of the
homicide, serious physical injuries, or
vessel.
rape.
• Piracy is a crime not against any particular
state but against all mankind. It may be
NOTES: (Atty. Palacaios)
punished in the competent tribunal of any
• For “firing upon” to qualify the offense, the
country where the offender may be found or
offender must have actually fired his
into which he may be carried.
weapon. Mere attempt is not enough.
• QUALIFIED PIRACY – a
• For “firing upon” to qualify the offense, the
SPECIAL
offender need not succeed in hitting the
COMPLEX CRIME punishable by reclusión
pilot, crew member or passenger.
perpetua to death, regardless of the number
of victims.
TITLE TWO
CRIMES AGAINST THE FUNDAMENTAL LAWS
R. A. NO. 6235 OF THE STATE QuickTime™ and a
Anti-Hijacking Law TIFF (Uncompressed) decompressor
ACTS PUNISHABLE: CLASSES OF ARBITRARY DETENTION:

1. By compelling a change in the course or 1. By detaining a person without legal
destination of an aircraft of Philippine ground
registry, or seizing or usurping the control 2. Delay in the delivery of detained persons to
thereof while it is in flight; the proper judicial authorities
2. By compelling an aircraft of foreign 3. Delaying release
registry to land in Philippine territory or
seizing or usurping the control thereof
while it is in the said territory; and ART. 124. ARBITRARY DETENTION
3. By shipping, loading, or carrying in any
passenger aircraft operating as a public utility ELEMENTS:
w/in the Philippines, any explosive, 1. That the offender is a public officer or
flammable, corrosive or poisonous employee (whose official duties include
substance or material. the authority to make an arrest and
detain persons);
IN FLIGHT – From the moment all exterior doors 2. That he detains a person; and 3. That it
are closed following embarkation until the same was without legal grounds.
doors are again opened for disembarkation.
NOTES:
NOTES: (Atty. Palacios) • Arbitrary detention is the deprivation by a
• Where the aircraft is of Philippine registry, public officer of the liberty of a person w/o
the offense must be committed while in any legal ground.
flight. Hence, the act must take place after
Page 104 of 174

• Though the elements specify that the • The felony means delay in filing the
offender be a public officer or employee, necessary information or charging of
private individuals who conspire with person detained in court which may be waived
public officers can be liable as principals. if a preliminary investigation is asked for. This
• Legal grounds for the detention of any does not contemplate actual physical
person: delivery.
- commission of a crime • The filing of the information in court
- violent insanity or other ailment beyond the specified periods does not cure
requiring compulsory confinement of illegality of detention. Neither does it affect
the patient in a hospital the legality of the confinement under process
• Grounds for warrantless arrest: - Crime is issued by the court. • To prevent committing
about to be, is being, or has been committed; this felony, officers usually ask accused to
- Arresting officer must have personal execute a waiver of Art. 125 which should be
knowledge that the person probably under oath and with assistance of counsel.
committed the crime; or Such waiver is not violative of the
- Person to be arrested is an escaped constitutional right of the accused.
prisoner. • Contemplates arrest by virtue of some legal
• Rolito Go v. CA is an example of arbitrary ground or valid warrantless arrest.
detention (Judge Pimentel) • If arrested by virtue of arrest warrant, person
• Ramos v. Enrile: Rebels later on retire. may be detained until case is decided.
Once you have committed rebellion and have
not been punished or amnestied, the rebels • LENGTH OF WAIVER:
continue to engage in rebellion, unless the - Light offense – 5 days.
rebels renounce their affiliation. Arrest can - Serious and less serious offenses – 7 to
be made without a warrant because rebellion 10 days. (Judge Pimentel)
is a continuing crime. - If offender is a private person, the
crime is illegal detention.
ART. 125. DELAY IN THE DELIVERY OF ARBITRARY DELAY IN DELIVERY

DETAINED PERSONS TO THE PROPER DETENTION (124) OF DETAINED
QuickTime™ and a
JUDICIAL AUTHORITIES (125)

Detention is illegal are eded to see this picture.Detention is

ne
from the legal in the
ELEMENTS:
beginning. beginning, but illegality
1. That the offender is a public officer or
employee; starts from the
2. That he has detained a person for some expiration of the
legal ground; and specified periods without
3. That he fails to deliver such person to the the persons detained
proper judicial authority within: having been delivered to
a. 12 hours, detained for crimes the proper judicial
punishable by light penalties, or authority.
equivalent;
b. 18 hours, for crimes punishable by
correctional penalties, or their ART. 126: DELAYING RELEASE
equivalent; or
c. 36 hours, for crimes/offenses ELEMENTS:
punishable by capital punishment or 1. That the offender is a public officer or
afflictive penalties, or their employee;
equivalent. 2. That there is a judicial or executive order
for the release of a prisoner or detention
NOTES: prisoner, or that there is a proceeding upon
Page 105 of 174

a petition for the liberation of such person;

and ELEMENTS:
3. That the offender without good reason 1. That the offender is a public officer or
delays: employee;
a. the service of the notice of such order 2. That he is not authorized by judicial order to
to the prisoner, or enter the dwelling and/or to make a
b. the performance of such judicial or search therein for papers or other effects;
executive order for the release of the and
prisoner, or 3. That he commits any of the following acts:
c. the proceedings upon a petition for a. entering any dwelling against the will
the release of such person. of the owner thereof;
b. searching papers or other effects
NOTE: found therein without the previous
• Wardens and jailers are the persons most consent of such owner;
likely to violate this provision. c. refusing to leave the premises, after
having surreptitiously entered said
dwelling and after having been
required to leave the same.
ART. 127. EXPULSION
SPECIAL AGGRAVATING CIRCUMSTANCES:
ELEMENTS:
1. nighttime
2. papers or effects not constituting evidence of
employee;
a crime are not returned immediately
2. That he expels any person from the
Philippines, or compels a person to change
NOTES:
his residence; and
• The judicial order is the search warrant.
3. That the offender is not authorized to do so
• If the offender who enters the dwelling
by law.
against the will of the owner thereof is a
private individual, the crime committed is
ACTS PUNISHABLE:
trespass to dwelling (Art 280). • When a
1. by expelling a person from the Philippines; or
public officer searched a person “outside
2. by compelling a person to change his
his dwelling” without a search warrant and
residence
such person is not legally arrested for an
offense, the crime committed by the public
NOTES: • Acts officer is either:
punishable: - grave coercion if
• The crime of expulsion absorbs that of violence or
grave coercion. If done by a private person, intimidation is used (Art 286), or
act will amount to grave coercion.
- unjust vexationQuickTime™ and a if there is
• Crime does not include expulsion of
no violence
undesirable aliens, destierro, or when sent to
or intimidation (Art 287). TIFF
prison. (Uncompressed) decompressorare needed to see this
• If a Filipino who, after voluntarily leaving the picture.
country, is illegally refused re-entry is

• Public officer without a search warrant
considered a victim of being forced to
cannot lawfully enter the dwelling against the
change his address.
will of the owner, even if he knew that
• Threat to national security is not a valid someone in that dwelling is in unlawful
ground to expel or to compel one to change possession of opium.
his address.
• The Chief Executive has the power to
deport undesirable aliens. ART. 129. SEARCH WARRANTS
MALICIOUSLY OBTAINED, AND ABUSE IN
THE SERVICE OF THOSE LEGALLY
ART. 128. VIOLATION OF DOMICILE
Page 106 of 174

OBTAINED
ART. 130. SEARCHING DOMICILE WITHOUT
ACTS PUNISHABLE: WITNESSES
1. procuring a search warrant without just
cause ELEMENTS:
ELEMENTS: employee;
1. That the offender is a public officer or 2. That he is armed with a search warrant
employee; legally procured;
2. That he procures a search warrant; 3. That he searches the domicile, papers or
and other belongings of any person; and
3. That there is no just cause. 4. That the owner, or any member of his
family, or two witnesses residing in the
2. exceeding his authority by using same locality are not present.
unnecessary severity in executing a
search warrant legally procured NOTES:
• Order of those who must witness the
ELEMENTS: search:
1. That the offender is a public officer or - Homeowner
employee; - Members of the family of sufficient
2. That he has legally procured a search age and discretion
warrant; and
- Responsible members of
3. That he exceeds his authority or uses
the community
unnecessary severity in executing the
• Validity of the search warrant can be
same.
questioned only in 2 courts: where issued
or where the case is pending. The latter is
NOTES:
preferred for objective determination.
• Search warrant is valid for 10 days from its
date of issue.
• If there is no just cause, the warrant is
ART. 131. PROHIBITION, INTERRUPTION, AND
unjustified.
DISSOLUTION OF PEACEFUL MEETINGS
• The search is limited to what is described in
the warrant, all details must be with set forth
with particularity.
• Example of a warrant maliciously obtained: X ELEMENTS:
was a respondent of a search warrant for 1. Offender is a public officer or employee; 2.
illegal possession of firearms. A return was He performs any of the following acts:
made. The gun did not belong to X and the a. prohibiting or interrupting, without
witness had no personal knowledge that there legal ground the holding of a
is a gun in that place. peaceful meeting, or dissolving the
same
• Examples of abuse in service of warrant: (e.g. denial of permit in arbitrary
1. X owner was handcuffed while search manner).
was going-on. b. hindering any person from joining
2. Tank was used to ram gate prior to any lawful association or from
announcement that a search will be attending any of its meetings
made. c. prohibiting or hindering any person
3. Persons who were not respondents from TIFF (Uncompressed)
decompressoraddressing , either
QuickTime™ and a
were searched.
• An exception to the necessity of a search alone or together with others, are needed to
warrant is the right of search and seizure as an
see this picture.
any petition to the
incident to a lawful arrest. authorities for the correction of
abuses or redress of grievances.
Page 107 of 174

• Religious Worship includes people in the act of

NOTES: performing religious rites for a religious
• If the offender is a private individual, the ceremony or a manifestation of religion.
crime is disturbance of public order Examples: Mass, baptism, marriage
(Art 153).
• Meeting must be peaceful and there is no
legal ground for prohibiting, dissolving or
interrupting that meeting.
• Offender must be a stranger, not a
participant, in the peaceful meeting;
otherwise, the offense is unjust vexation.
• Interrupting and dissolving a meeting of the
municipal council by a public officer is a
crime against the legislative body and not
punishable under this article.
• The person talking on a prohibited subject at
a public meeting contrary to agreement that
no speaker should touch on politics may be
stopped.
• But stopping the speaker who was attacking
certain churches in public meeting is a
violation of this article.
• Those holding peaceful meetings must
comply with local ordinances. Example:
Ordinance requires permits for meetings in
public places. But if a police stops a meeting
in a private place because there’s no permit,
officer is liable for stopping the meeting.
ART. 132. INTERRUPTION OF RELIGIOUS
ELEMENTS: 1. That the officer is a public officer or

employee;
2. That religious ceremonies or manifestations
of any religion are about to take place or are
going on; and
3. That the offender prevents or disturbs the
same.
NOTES:
Qualifying circumstances:
1. violence; or 2.
threats.
• Reading of Bible and then attacking certain

churches in a public plaza is not a ceremony
or manifestation of religion, but only a
meeting of a religious sect. But if done in a
private home, it’s a religious service.
Page 108 of 174

• X, a private person, boxed a priest while the Religious the Outsiders vexation
priest was giving homily and maligning a Worship fundame If not
relative of X. Is X liable? X may be liable under (132) ntal law of religious =
Art 133 (Offending religious feelings) the state tumult or
because X is a private person. alarms
If not
notoriously
ART. 133. OFFENDING RELIGIOUS FEELINGS offensive =
unjust
ELEMENTS: vexation
1. Acts complained of were performed – Offending the Crime Public If not tumults =
a. in a place devoted to religious Religious against officers, alarms and
feelings, or Feeling public private scandal
b. during the celebration of any (133) order persons, If meeting
religious ceremony outsiders illegal at onset
2. Acts must be notoriously offensive to the = inciting to
feelings of the faithful; sedition or
3. Offender is any person; and rebellion
4. There’s a deliberate intent to hurt the
feelings of the faithful, directed against
religious tenet.
NOTES:
• If in a place devoted to religious purpose, TITLE THREE CRIMES AGAINST PUBLIC ORDER
there is no need for an ongoing religious
ceremony.
• Example of religious ceremony (acts
performed outside the church):
Processions and special prayers for burying POLITICAL CRIMES – are those directly aimed
dead persons but NOT prayer rallies. against the political order, as well as such common
• Acts must be directed against religious crimes as may be committed to achieve a political
practice or dogma or ritual for the purpose purpose. The decisive factor is the intent or motive.
of ridicule, as mocking or scoffing or
attempting to damage an object of religious
veneration. ART. 134. REBELLION OR INSURRECTION
• There must be deliberate intent to hurt the
feelings of the faithful, mere arrogance or
rudeness is not enough. ELEMENTS:
1. That there be a public armed uprising; and
CRIME NATURE WHO IF ELEMENT 2. That the purpose of the uprising or
OF ARE MISSING movement is either:
CRIME LIABLE a. to remove from the allegiance to
Prohibition, Crime Public If not by said government or its laws the
Interruption against TIFFQuickTime™ and public officer territory of the Philippines or any part
aofficers,
and (Uncom the arepressed) decompressor
= thereof or any body of land, naval or
Dissolution need ed to see this Tumults other armed forces, or
of fundame picture.Outsiders b. to deprive the chief executive or
Peaceful ntal law congress, wholly or partially, of any of
Meeting of the their powers or prerogatives.
(131) state
Interruption Crime Public If by insider = PERSONS LIABLE:
of against officers, unjust
Page 109 of 174

1. Any person who: (a) promotes, (b) maintains, • If killing or robbing were done for private
or (c) heads a rebellion or insurrection purposes or for profit, without any
(leader); political motivation, the crime would • be
2. Any person merely participating or separately be punished and would not be
executing the command of others in embraced by rebellion (People v.
rebellion (participant); and Fernando).
3. Any person who in fact directed the others, • If the leader is unknown, a person is
spoke for them, signed receipts and other deemed a leader of rebellion if he: a.
documents issued in their name, or directed the others, b. spoke for them,
performed similar acts, on behalf of the c. signed receipts and other documents
rebels (person deemed leader when leader issued in their name, and d. performed
is unknown) similar acts on behalf of the rebels.
• Diverting public funds is malversation
NOTES: absorbed in rebellion.
• Rebellion is the term used where the • Public officer must take active part,
object of the movement is completely to because mere silence or omission is not
overthrow and supersede the existing punishable as rebellion.
government. • In rebellion, it is not a defense that the
• Insurrection refers to a movement which accused never took the oath of allegiance,
seeks merely to effect some change of or that they never recognized the
minor importance to prevent the exercise of government.
governmental authority w/ respect to
particular matters or subjects. ART. 134 – A. COUP D’ ETAT
• Purpose of the uprising must be shown
but it is not necessary that it be ELEMENTS:
accomplished. • If there is no public 1. Offender is a person or persons belonging to
uprising, the crime is direct assault. the military, or police or holding any public
• Mere giving of aid or comfort is not office or employment,
criminal in the case of rebellion. There 2. Committed by means of swift attack,
must be ACTUAL participation. accompanied by violence, intimidation,
• people vs. Hernandez ruling: rebellion threat, strategy or stealth;
cannot be complexed with ordinary crimes 3. Directed against:
done pursuant to it a. duly constituted authorities of the
• people vs. Geronimo ruling: crimes done Philippines
for private purposes without political b. any military camp or installation
motivation should be separately punished c. communication networks, public
• Enrile vs. Salazar ruling: utilities or other facilities needed for
upheld Hernandez the exercise and continued
• Thus: Rebellion absorbs other crimes possession of power
committed in furtherance of rebellion. 4. For the purpose of seizing or diminishing
Illegal possession of firearms in state power.
furtherance of rebellion is absorbed by the
crime of rebellion. A private crime may be PERSONS LIABLE:
committed during rebellion. 1. Any person who leads or in any manner
Rape, even if not in furtherance of directs or commands others to undertake
rebellion cannot be complexed with coup d’etat (leaders);
rebellion. 2. Any person in the government service who
• Rebellion is a continuing crime along with participates or executes
the crime of conspiracy or proposal to directions or commands of
QuickTime™ and a
TIFF (Uncompressed) decompressor others in undertaking coup d’etat
commit rebellion. are needed to see this (participants from government);
picture.
Page 110 of 174

3. Any person not in the government service

who participates, or in any manner, supports,
finances, abets, or aids in undertaking a coup
d’etat (participants not from government);
and
4. Any person who in fact directed the others,
spoke for them, signed receipts and other
documents issued in their name, or
performed similar acts, on behalf of the
rebels (deemed leader if leader is unknown)
Page 111 of 174

TREASON (114) REBELLION (134) COUP D’ETAT (134-A) SEDITION (139)
National Security Public Order Public Order Public Order

Nature of
Crime
Overt acts Levying war against the Public uprising Attack against authorities, Rising publicly and
gov’t; AND military camp, networks or tumultuously
OR Taking up arms against public utilities, or other facilities (more
Adherence and giving the gov’t for power than 3 men who are armed or
aid or comfort to provided with
enemies means of violence)
Purpose Deliver the gov’t to the Removing territory , or Seizing or diminishing state See enumeration in article.
enemy during war body of armed forces, or power.
depriving the Chief
Executive or Legislature
QuickTime™ and a
Page 75 of 174
ART. 135. PENALTY FOR REBELLION, proposes has decided the offender has
INSURRECTION OR COUP D’ ETAT to commit rebellion. decided to commit
rebellion.
The person who The act of inciting is
WHO ARE LIABLE AND PENALTIES:
proposes the done publicly.
execution of the crime
REBELLION: uses secret means.
1. Leaders – reclusion perpetua
2. Participants – reclusion temporal 3. NOTES:
Deemed leader – reclusion perpetua • Organizing a group of soldiers, soliciting
membership in, and soliciting funds for the
COUP D’ETAT: organization show conspiracy to overthrow the
1. Leaders – reclusion perpetua government.
2. Participants (gov’t) – reclusion temporal • The mere fact of giving and rendering
3. Participants (not gov’t) – prision mayor speeches favoring Communism would not
4. Deemed leader – reclusion perpetua make the accused guilty of conspiracy if there
is no evidence that the hearers then and there
agreed to rise up in arms against the
ART. 136. CONSPIRACY AND PROPOSAL TO government.
COMMIT COUP D’ ETAT, REBELLION OR • The advocacy of Communism
INSURRECTION or
Communistic theory is not a criminal act of
ELEMENTS OF CONSPIRACY: conspiracy unless converted into advocacy
1. Two or more persons come to an agreement of action.
to rise publicly and take arms against the • Only when the Communist advocates action and
government; actual uprising, war or otherwise, does he
2. For any of the purposes of rebellion; and become guilty of conspiracy to commit rebellion.
3. They decide to commit it. (People vs. Hernandez
ELEMENTS OF PROPOSAL: ART. 137. DISLOYALTY OF PUBLIC

1. A person who has decided to rise publicly OFFICERS OR EMPLOYEES
and take arms against the government;
2. For any of the purposes of rebellion; and
3. Proposes its execution to some other ACTS PUNISHABLE:
person/s. 1. Failing to resist rebellion by all the means in
their power; or
PROPOSAL TO INCITING TO 2. Continuing to discharge the duties of their
COMMIT REBELLION offices under the control of rebels; or
REBELLION 3. Accepting appointment to office under
In both, the offender induces another to rebels.
commit rebellion
In both, the crime of rebellion should not be NOTES:
committed by the persons to whom it is • There must be actual rebellion for this crime
proposed or who are incited. to be committed.
If they commit rebellion because of the • It must not be committed in conspiracy
QuickTime™ and a proposal or
with rebels or coup plotters for this crime to be
inciting, tTIFF (Uhe proponent or the one ncompressed)
decompressor committed.
inciting
are needed to see this picture. • If position is accepted in order to protect the
may become a principal by inducement in the people, not covered by this article.
crime of rebellion.
The person who It is not required that
Page 113 of 174

ART. 138. INCITING TO REBELLION OR b. to prevent the national government, or

INSURRECTION any provincial or municipal
government, or any public officer
ELEMENTS: thereof from freely exercising its or his
1. That the offender does not take arms or is not functions, or prevent the execution of
in open hostility against the government; QuickTime™ and a
2. That he incites others to the execution of any any administrative order; TIFF
(Uncompressed) decompressorare needed to see this
of the acts of rebellion; and
picture.
3. That the inciting is done by means of
speeches, proclamations, writings, emblems, c. to inflict any act of hate or revenge
banners or other representations tending to upon the person or property of any
the same end. public officer or employee;
NOTES: d. to commit for any political or social
end, any act of hate or revenge
• Inciting must have been intentionally against private persons or any social
calculated to seduce others to rebellion. • In class; or
both proposal to commit rebellion and in e. to despoil, for any political or social
inciting to rebellion, rebellion should not end, any person, municipality or
actually be committed by the persons to whom province, or the national government
it was proposed, or who were incited. If they of all its property or any part thereof.
commit rebellion because of the proposal or
incitement, the proponent, or the one inciting NOTES:
may become a principal by inducement in the
• Sedition is the raising of commotions or
crime of rebellion.
disturbances in the State. Its ultimate object
is a violation of the public peace or at least
PROPOSAL TO INCITING TO such a course of measures as evidently
COMMIT REBELLION REBELLION (138) engenders it. (People vs. Perez)
(136) • Tumultuous uprising means that it is caused
The person who Not required that by more than 3 persons who are armed or
proposes has decided to the offender has provided w/ means of violence.
commit rebellion. decided to commit • In sedition, offender may be a private or
rebellion. public person.
The person who The inciting is done • Common crimes are not absorbed in
proposes the execution publicly. sedition. (People v. Umali)
of the crime uses secret • Preventing election through legal means is
means. NOT sedition.
• If the purpose of the offenders is to attain the
objects of rebellion or sedition by force or
ART. 139. SEDITION violence, but there is no public uprising,
the crime committed is direct assault.
• There is conspiracy to commit sedition (Art.
ELEMENTS: 141) but no proposal to commit sedition.
1. That the offenders rise –
a. Publicly; and ART. 140. PENALTY FOR SEDITION
b. Tumultuously;
2. That they employ force, intimidation, or other
means outside of legal methods; and PERSONS LIABLE:
3. That the offenders employ any of those 1. leader of the sedition, and
means to attain any of the following objects: 2. other persons participating in the sedition.
a. to prevent the promulgation or
execution of any law or the holding of
ART. 141. CONSPIRACY TO COMMIT
any popular election;
SEDITION
Page 114 of 174

3. Balance of Interests rule

NOTE: There must be an agreement and a decision to
rise publicly and tumultuously to attain any of the
objects of sedition in order to constitute crime of Chapter Two - CRIMES AGAINST POPULAR
conspiracy to commit sedition. REPRESENTATION
ART. 142. INCITING TO SEDITION

ART. 143. ACTS TENDING TO PREVENT THE
MEETING OF THE ASSEMBLY AND SIMILAR TIFF
ACTS PUNISHABLE: QuickTime™ and a
1. Inciting others to the accomplishment of any are needed to see this picture. BODIES
of the acts which constitute sedition by means
of speeches, proclamations, writings,
emblems etc.
2. Uttering seditious words or speeches which ELEMENTS:
tend to disturb the public peace; 1. A projected or actual meeting of Congress or
3. Writing, publishing, or circulating scurrilous any of its committees or subcommittees,
[vulgar, mean, libelous] libels against the constitutional commissions or committees or
government or any of the duly constituted divisions thereof, or of any provincial board
authorities thereof, which tend to disturb the or city or municipal council or board; and
public peace; or 4. Knowingly concealing 2. That the offender who may be any person
such evil practices. prevents such meeting by force or fraud.
NOTE: Chief of Police and mayor who prevented the

ELEMENTS of ACT 1: meeting of the municipal council are liable under Art.
1. That the offender does not take a direct 143, when the defect of the meeting is not manifest
part in the crime of sedition; and requires an investigation before its existence can
2. That he incites others to the be determined.
accomplishment of any of the acts which
constitute sedition; and
3. That the inciting is done by means of ART. 144. DISTURBANCE OF
speeches, proclamations, writing, emblems, PROCEEDINGS ELEMENTS:
cartoons, banners, or other representations 1. An actual meeting of Congress or any of its
tending to the same end. committees, constitutional commissions or
committees or divisions thereof, or of any
UTTERING AND WRITING PUNISHABLE: provincial board or city or municipal
1. when they tend to disturb or obstruct any council or board; and
public officer in executing the functions of 2. That the offender does any of the following
his office; or acts
2. when they tend to instigate others to cabal a. he disturbs any of such meetings
and meet together for unlawful purposes; or b. he behaves while in the presence of
3. when they suggest or incite rebellious any such bodies in such a manner as
conspiracies or riots; or to interrupt its proceedings or to
4. when they lead or tend to stir up the people impair the respect due it.
against the lawful authorities or to disturb
the peace of the community, the safety and NOTE: Complaint must be filed by member of the
order of the government. Legislative body. Accused may also be punished for
contempt by the legislative body.
3 RULES RELATIVE TO SEDITOUS WORDS: ARTICLE 145. VIOLATION OF

1. Dangerous Tendency rule PARLIAMENTARY IMMUNITY.
2. Clear and Present Danger rule
Page 115 of 174

ACTS PUNISHABLE:
1. By using force, intimidation, threats, or
fraud to prevent any member of Congress
from attending the meeting of the assembly ART. 146. ILLEGAL ASSEMBLIES
or any of its committees, constitutional
commissions or committees or divisions
thereof, or from expressing his opinions or 2 TYPES OF ILLEGAL ASSEMBLIES:
casting his vote. 1. Meeting attended by armed persons for the
purpose of committing any of the crimes
ELEMENTS: punishable under the Revised Penal Code;
1. Offender uses force, intimidation, REQUISITES:
threat or fraud 1. There’s a meeting – gather or group
2. Purpose is to prevent any member of of persons whether fixed or moving;
Congress from: 2. Meeting is attended by armed
a. Attending the said meetings; personsTIFF (Uncompressed) decompressor; and QuickTime™ and a
b. Expressing his opinions; or 3. The are needed to see this picture.purpose of
c. Casting his vote. meeting is to commit any of the
crimes punishable under RPC
2. By arresting or searching any member
thereof while Congress is in a regular or 2. A meeting in w/c the audience is incited to
special session, except in case such the commission of the crimes of treason,
member has committed a crime punishable rebellion or insurrection, sedition or
under the code by a penalty higher than assault upon a person in authority or his
prision mayor. agent.
ELEMENTS: REQUISITES:
1. Offender is a public officer or 1. There’s a meeting – gather or group
employee; of persons whether fixed or moving;
2. He arrests or searches any member 2. Audience whether armed or not is
of Congress incited to the commission of the
3. Congress, at the time of arrest or crime of treason, rebellion or
search is in regular or special insurrection, sedition or direct
session assault.
4. member arrested o searched hasn’t
committed a crime by a penalty WHEN A PERSON CARRIES UNLICENSED
prision mayor or higher. FIREARM IN THE 1st ASSEMBLY:
1. Presumed that the purpose of meeting is to
NOTES: commit any crime under RPC
• Parliamentary immunity does not mean 2. Presumed that the one in possession of
exemption from criminal liability, except unlicensed firearm is the leader or organizer
from a crime that may arise from any speech of the meeting
that the member of Congress may deliver on
the floor during regular or special session. NOTES:
• To be consistent with the 1987 Constitution, • Not all the persons present at the meeting of the
the phrase “by a penalty higher than prision first form of illegal assembly need to be armed.
mayor” in Art. 145 should be amended to read
• Persons liable for illegal assembly:
“by the penalty of prision mayor or higher.”
• the organizers or leaders of the meeting
• persons merely present at the meeting
(except when presence is out of curiosity –
not liable)
Chapter Three - ILLEGAL ASSEMBLIES AND • Presumptions if person present at the meeting
ASSOCIATIONS carries an unlicensed firearm: • purpose of
Page 116 of 174

the meeting is to commit acts punishable under

the RPC ART. 148. DIRECT ASSAULT
• considered as leader or organizer of the
meeting
2 WAYS TO COMMIT DIRECT ASSAULT:
1. Without public uprising, by employing force
or intimidation for attainment of any of the
ARTICLE 147. ILLEGAL ASSOCIATIONS
purposes enumerated in defining the crimes
of rebellion and sedition (first form)
2 KINDS OF ILLEGAL ASSOCIATIONS:
1. Organizations totally or partially organized for
ELEMENTS:
the purpose of committing any of the
1. Offender employs force
crimes in RPC; or
or intimidation;
2. For some purpose contrary to public
2. Aim of offender is to attain any of the
morals.
purposes of the crime of rebellion
and sedition; and 3. That there is no
PERSONS LIABLE:
public uprising.
1. founders, directors and president of the
association; and
2. Without public uprising, by attacking, by
2. mere members of the association
employing force or by seriously
intimidating or by seriously resisting any
person in authority o any of his agents, while
ILLEGAL ASSEMBLY ILLEGAL (146)
QuickTime™ and a
engaged in the
ASSOCIATION (147)
performance of official duties, are needed to see this picture.
or on the occasion of such performance.
Must be an actual meeting No need for such
(second form).
of armed persons to commit
any of the crimes punishable
ELEMENTS:
under the RPC, or of 1. Offender (a) makes an attack, (b)
individuals who, although not employs force, (c) makes a serious
armed, are incited to the intimidation, or (d) makes a serious
commission of treason, resistance;
rebellion, sedition or assault 2. Person assaulted is a person in
upon a person in authority of authority or his agent;
his agent. 3. At the time of the assault the person
in authority or his agent
It is the meeting and the Act of forming or a. is engaged in the actual
attendance at such that are organizing and performance of official duties
punished membership in the (motive is not essential); or
association is b. is assaulted by reason of the
punished past performance of official
duties (motive is essential);
Persons liable: leaders and Founders, 4. That the offender knows that the one
those present directors, he is assaulting is a person in
president and authority or his agent (with intention to
members offend, injure or assault); and
5. No public uprising.
FORCE INTIMIDATION/
Chapter Four - ASSAULT, RESISTANCE AND EMPLOYED RESISTANCE
DISOBEDIENCE
Person in Need not be Serious
Authority serious
Page 117 of 174

Agent Must be of Serious • Direct assault cannot be committed during

serious rebellion.
character • Direct assault may be committed upon a
private person who comes to the aid of a
NOTES: person in authority since he is then considered
General Rule: Direct assault is always complexed an agent of a person in authority.
with the material consequence of the act (Ex. direct
assault with murder). QUALIFYING CIRCUMSTANCES: 1. when the
Exception: If resulting in a light felony, the assault is committed with a weapon;
consequent crime is absorbed. 2. when the offender is a public officer or
employee; or 3. when the offender lays hand
• The force employed need not be serious upon a person in authority
when the offended party is a person in
authority (Ex. Laying of hands).
• The intimidation or resistance must be ARTICLE 149. INDIRECT ASSAULT
serious whether the offended party is an
agent only or a person in authority (Ex. ELEMENTS:
Pointing a gun). 1. The direct assault is committed against an
• A person in authority is any person directly agent of a person in authority;
vested with jurisdiction (power or authority 2. That the offended party comes to the aid of
to govern and execute the laws) whether as such agent of a person in authority; and
an individual or as a member of some court 3. That the offender makes use of force or
or governmental corporation, board, or intimidation upon the said offended party.
commission. Examples: A barangay captain, a TIFF (Uncompressed) decompressorQuickTime™ and a NOTES:
Division Superintendent of Schools, President are needed to see this picture.
of Sanitary Division and a teacher.
• An agent is one who, by direct provision of • Indirect assault can be committed only
law or by election or by appointment by when a direct assault is also being
competent authority, is charged with the committed.
maintenance of public order and the • To be indirect assault, the person who
protection and security of life and property. should be aided is the agent and not
Examples: Barrio councilman and any person the person in authority. In the latter
who comes to the aid of the person in case, it is already direct assault.
authority, policeman, municipal treasurer, According to Art 152: The person coming
postmaster, sheriff, agents of the BIR, to the aid of the person in authority is
Malacañang confidential agent. considered an agent and an attack on the
• Even when the person in authority or the latter is already direct assault.
agent agrees to fight, direct assault is still
committed. ARTICLE 150. DISOBEDIENCE TO SUMMONS
• When the person in authority or the agent ISSUED BY THE NATIONAL ASSEMBLY, ITS
provoked/attacked first, innocent party is COMMITTEES OR SUBCOMMITTEES, BY THE
entitled to defend himself and cannot be held CONSTITUTIONAL COMMISSIONS, ITS
liable for assault or resistance nor for physical COMMITTEES, SUBCOMMITTEES OR
injuries, because he acts in legitimate self- DIVISIONS
defense.
• There can be no assault upon or
disobedience to one’s authority by another
ACTS PUNISHABLE:
when they both contend that they were in the
exercise of their respective duties. 1. Disobedience w/o legal excuse to summons
issued by the Congress or any of its
• When assault is made by reason of the
committees or subcommittees;
performance of his duty there is no need for
2. Refusal of any person present before a
actual performance of his official duty when
legislative or constitutional body or official to:
attacked.
Page 118 of 174

(a) to be sworn or placed under affirmation; SUCH PERSON (151)

(b) to answer any legal inquiry; or (3) to PIA or his agent must PIA or his agent must be
produce books, documents, records etc. be engaged in the in the actual
when required to do so by the said bodies in performance of performance of his
the exercise of their functions; official duties or that duties.
3. Restraining another from attending as he is assaulted by
witness in such body; or reason thereof
4. Inducing disobedience to a summons or
Direct assault is Committed by resisting or
refusal to be sworn.
committed in 4 seriously disobeying a
ways – by attacking, PIA or his agent.
ARTICLE 151. RESISTANCE AND employing force,
DISOBEDIENCE TO A PERSON IN AUTHORITY seriously intimidating,
OR THE AGENTS OF SUCH PERSON and seriously
resisting a PIA or his
ELEMENTS – RESISTANCE & SERIOUS agent.
DISOBEDIENCE (par. 1): Use of force against Simple disobedience –
1. That a person in authority or his agent is an agent of PIA must force against an agent of a
engaged in the performance of official duty or be serious and PIA is not so serious;
gives a lawful order to the offender; deliberate. No manifest intention to
2. That the offender resists or seriously disobeys defy the law & officers
such person in authority or his agent; and enforcing it.
3. That the act of the offender is not included in
ARTICLE 152. PERSONS IN AUTHORITY AND
the provisions of arts. 148, 149 and 150.
AGENTS OF PERSONS IN AUTHORITY – WHO
SHALL BE DEEMED AS SUCH
ELEMENTS – SIMPLE DISOBEDIENCE (par. 2)
1. That an agent of a person in authority is
engaged in the performance of official duty PERSON IN AUTHORITY –any person directly
gives a lawful order to the offender; vested with jurisdiction, whether as an individual or
QuickTime™ and a
2. That the offender disobeys such agent of a
as a member of some court or governmental TIFF
person in authority; and
(Uncompressed) decompressorare needed to see this picture. corporation, board
3. That such disobedience is not of a serious
or commission. They include:
nature.
a. Barangay captain
b. Barangay chairman
NOTES: For the purposes of Art. 148 and 151:

a. Teachers
• While being arrested and there’s serious
b. Professors
resistance, person resisting must know that the
c. Persons charged with the supervision of
one arresting him is an officer
public or duly recognized private schools,
• Picketing (economic coercion) must be lawful
colleges and universities
otherwise police can disperse them
d. Lawyers in the actual performance of their
• Disobedience in 2nd par. must not be serious.
professional duties or on the occasion of such
Otherwise it will fall under the 1st par.
performance
• Resistance mustn’t be serious otherwise it’s
direct assault. AGENT OF PERSON IN AUTHORITY –any person
who, by direct provision of law or by election or by
appointment by competent authority, is charged with
DIRECT ASSAULT RESISTANCE & the maintenance of public order and the protection
(148) DISOBEDIENCE TO A and security of life and property. They include:
PERSON IN AUTHORITY a. Barrio councilman
(PIA) OR AGENTS OF b. Barrio policeman
c. Barangay leader
Page 119 of 174

d. Any person who comes to the aid of persons

in authority
Notes:
• Section 388 of the Local Gov’t. Code
provides that for purposes of the RPC, the
punong barangay, sangguniang barangay
members and members of the lupong
tagapamayapa in each barangay shall be
deemed as persons in authority in their
jurisdictions.
• Other barangay officials and members who
may be designated by law or ordinance and
charged with the maintenance of public order,
protection and the security of life, property, or
the maintenance of a desirable and balanced
environment, and any barangay member who
comes to the aid of persons in authority shall
be deemed agent of persons in authority.
• It seems that teachers, professors, lawyers
etc could be considered as persons in
authority not only for Arts. 148 and 151
but also for Art 149 (L.B. Reyes)
Chapter Five - PUBLIC DISORDERS
ARTICLE 153. TUMULTS AND OTHER

DISTURBANCES OF PUBLIC ORDER –
TUMULTUOUS DISTURBANCE OR
INTERRUPTION LIABLE TO CAUSE
DISTURBANCE
TUMULTS AND OTHER DISTURBANCES:

1. Causing any serious disturbance in a public
place, office or establishment;
2. Interrupting or disturbing public
performances, functions, gatherings or
peaceful meetings, if the act is not included
Page 120 of 174

in Art 131 and 132 (Public Officers 2. Maliciously publishing or causing to be

interrupting peaceful meetings or religious published any official resolution or
worship); document without proper authority, or
3. Making any outcry tending to incite before they have been published
rebellion or sedition in any meeting, officially.
association or public place; 3. Printing, publishing or distributing or
4. Displaying placards or emblems which (causing the same) books, pamphlets,
provoke a disturbance of public order in periodicals or leaflets which do not bear the
such place; real printer’s name, or which are
5. Burying with pomp the body of a person classified as anonymous.
who has been legally executed.
TUMULTUOUS - caused by more than 3 ARTICLE 155. ALARMS AND SCANDALS

persons who are armed or provided with
means of violence.
ACTS PUNISHABLE:
NOTES: 1. Discharging any firearm, rocket, firecracker,
• If the act of disturbing or interrupting a or other explosive within any town or public
meeting or religious ceremony is not place, calculated to cause alarm or danger.
committed by public officers, or if 2. Instigating or taking active part in any
committed by public officers who are charivari or other disorderly meeting
participants therein, this article applies. Art offensive to another or prejudicial to public
131 and 132 punishes the same acts if tranquility.
committed by public officers who are not 3. Disturbing the public peace while
participants in the meeting. wandering about at night or while engaged in
• The outcry is merely a public disorder if it any other nocturnal amusement.
is an unconscious outburst which, 4. Causing any disturbance or scandal in
although rebellious or seditious in nature, is public places while intoxicated or otherwise,
not intentionally calculated to induce provided the act is not covered by Art 153
others to commit rebellion or sedition, (tumult).
otherwise, it is inciting to rebellion or
sedition. NOTES:
• Qualifying circumstance – if
• Charivari is a mock serenade or discordant
it is TUMULTUOUS
noises made with kettles, tin horns etc.,
designed to deride, insult or annoy.
ARTICLE 154. UNLAWFUL USE OF MEANS OF • Firearm must not be pointed at a person,
PUBLICATION AND UNLAWFUL UTTERANCES otherwise, it is illegal discharge of firearm
(Art. 254).
• What governs is the result, not the intent of
the offender.
ACTS PUNISHABLE:
Publishing or causing to be published, by
means of printing, lithography or any other
means of publication as news any false ARTICLE 156. DELIVERING PRISONERS
news that may TIFF (Uncompressed)
decompressorendanger the public order,

QuickTime™ and
ELEMENTS:
a
or cause damage to the interest or credit 1. That there is a person confined in a jail or
of the State. penal establishment;
1. Encouraging disobedience to the law or to 2. That the offender removes therefrom such
the constituted authorities or by praising, person, or helps the escape of such person.
justifying or extolling any act punished by
law, by the same means or by words, NOTES:
utterances or speeches.
Page 121 of 174

• Prisoner may be detention prisoner or one • breaking doors, windows, gates, walls, roofs or
sentenced by virtue of a final judgment. floors;
• Escapee, if already serving final judgment, • using picklocks, false keys, disguise, deceit,
will in turn be held liable for evasion of violence or intimidation; or
sentence (Art. 157). • connivance with other convicts or employees of
• If merely detention prisoner he is not the penal institution.
criminally liable.
• The offender is an outsider to the jail. If the
offender is a public officer or a private
person who has custody of the prisoner
and who helps a prisoner under his custody, ARTICLE 158. EVASION OF SERVICE OF
Arts. 223 (infidelity in the custody of a SENTENCE ON THE OCCASION OF
prisoner) and 225 (escape of prisoner under DISORDERS, CONFLAGRATIONS,
custody of private person) will apply, EARTHQUAKES, OR OTHER CALAMITIES
respectively.
• This felony may also be committed through ELEMENTS:
imprudence or negligence. • 1. That the offender is a convict by final
Circumstance qualifying: use of violence, judgment who is confined in a penal
intimidation or bribery. institution.
• Mitigating circumstance: if it takes place 2. That there is disorder, resulting from:
outside the penal establishment by taking a. conflagration,
the guards by surprise. b. earthquake,
c. explosion,
d. similar catastrophe, or
Chapter Six – EVASION OF SENTENCE OR e. mutiny in which he has
SERVICE not participated;
3. That the offender evades the service of his
sentence by leaving the penal institution
where he is confined, on the occasion of
ART 157. EVASION OF SERVICE OF SENTENCE such disorder or during the mutiny; and 4.
That the offender fails to give himself up to
ELEMENTS: 1. That the offender is a convict by the authorities within 48 hours following
final judgment; the issuance of a proclamation by the
2. That he is serving his sentence which Chief Executive announcing the passing
consists in deprivation of liberty (destierro away of such calamity.
included); and
3. That he evades the service of his sentence NOTES:
by escaping during the term of his sentence. • Penalty of commission of this felony is an
increase by 1/5 of the time remaining to be
NOTES: served under the original sentence, in no
• This is a continuing offense. case to exceed 6 months.
• This article does not apply to minor • The special allowance for loyalty (i.e.
delinquents, detention prisoners, or deduction of sentence) authorized by Articles
deportees. 98 and 158(2nd paragraph) refers to those
• If the offender escaped within the 15-day convicts, who having evaded the service of
appeal period, crime is not evasion because their sentences by leaving the penal institution,
judgment is not yet final. give themselves up within 48 hours.
• Circumstances qualifying the • A mutiny is an organized unlawful resistance
offense: to a superior officer, a sedition, or a revolt.
Evasion of sentence was done through: TIFF (Uncompressed) Disarming the guards is not mutiny.
• unlawful entry (by “scaling”); are needed to see this picture.

ARTICLE 159. OTHER CASES OF EVASION OF
Page 122 of 174

SERVICE OF SENTENCE NOTES:

• Quasi-recidivism is a special aggravating
ELEMENTS: circumstance where a person, after having
1. That the offender was a convict; been convicted by final judgment, shall
2. That he was granted a conditional pardon commit a new felony before beginning to
QuickTime™ and a
by the chief executive; and
TIFF (Uncompressed) decompressor serve such
3. That he violated any of the conditions of
such pardon. sentence, or while serving the are needed to see this picture.
same.
TWO PENALTIES: • Second crime must belong to the RPC, not
1. prision correccional in its minimum period – if special laws. First crime may be either
the penalty remitted does not exceed 6 years. from the RPC or special laws.
2. the unexpired portion of his original • The aggravating circumstance of
sentence – if the penalty remitted is higher reiteracion, on the other hand, requires that
than 6 years. the offender shall have served out his
sentence for the prior offense.
NOTES: • General Rule: A quasi-recidivist may be
pardoned at age 70… Exception: Unworthy,
• Offender must have been found guilty of the
or habitual delinquent
subsequent offense (through w/c he violated
• If new felony is evasion of sentence,
his conditional pardon) before he can be
offender is not a quasi-recidivist.
prosecuted under this Article. But under the
• The penalty: maximum period of the
Revised Admin. Code, no conviction is
penalty for the new felony should be
necessary. President has the power to
imposed. Mitigating circumstance can only be
arrest, and reincarcerate offender without
appreciated if the maximum penalty is
trial.
divisible.
• When the penalty remitted is destierro, under
• Quasi-Recidivism may be offset by a
no circumstance may the penalty for the
special privileged mitigating circumstance.
violation of conditional pardon be destierro.
(Ex. Minority)
Chapter Seven – COMMISSION OF ANOTHER

TITLE FOUR CRIMES AGAINST PUBLIC
CRIME
INTEREST
Chapter One – Forgeries
ART. 160. COMMISSION OF ANOTHER CRIME

DURING SERVICE OF PENALTY IMPOSED FOR
ANTOHER PREVIOUS OFFENSE - PENALTY ARTICLE 161. COUNTERFEITING THE GREAT
SEAL OF THE GOVERNMENT OF THE
PHILIPPINE ISLANDS, FORGING THE
NOTE: this article provides for quasi-recidivism SIGNATURE OR STAMP OF THE CHIEF
EXECUTIVE
ELEMENTS:
1. That the offender was already convicted by ACTS PUNISHABLE:
final judgment of one offense; and
1. Forging the great seal of the Government; 2.
2. That he committed a new felony before
Forging the signature of the President; or
beginning to serve such sentence or while
3. Forging the stamp of the President.
serving the same.
Page 123 of 174

NOTE: When the signature of the President is forged, ARTICLE 164. MUTILATION OF COINS –
it is not falsification but forging of signature under this IMPORTATION AND UTTERANCE OF
article. MUTILATED COINS
This has been repealed by PD 247.

ARTICLE 162. USING FORGED SIGNATURE
OR COUNTERFEIT SEAL OR STAMP ACTS PUNISHABLE (PD 247):
1. willful defacement
ELEMENTS: 2. mutilation
1. That the great seal of the Republic was 3. tearing TIFF (Uncompressed) decompressorQuickTime™ and a
counterfeited or the signature or stamp of the 4. burning are needed to see this picture.
chief executive was forged by another 5. destruction of Central Bank notes and coins
person;
2. That the offender knew of the NOTES:
counterfeiting or forgery; and • Mutilation is to take off part of the metal
3. That he used the counterfeit seal or forged either by filing it or substituting it for another
signature or stamp. metal of inferior quality, to diminish by
ingenious means the metal in the coin.
NOTE: Offender is NOT the forger or the cause of • Foreign notes and coins not included
the counterfeiting under this article. Mutilation must be of
Philippine legal tender. • There must be
ARTICLE 163. MAKING AND IMPORTING AND intention to mutilate
UTTERING FALSE COINS
ARTICLE 165. SELLING OF FALSE OR

ELEMENTS: MUTILATED COIN, WITHOUT CONNIVANCE
1. That there be false or counterfeited coins
(need not be legal tender);
2. That the offender either made, imported or ACTS PUNISHABLE:
uttered such coins; and 1. Possession of a coin, counterfeited or mutilated
3. That, in case of uttering such false or by another person, with intent to utter the same,
counterfeited coins, he connives with knowing that it is false or mutilated.
counterfeiters or importers.
ELEMENTS:
NOTES: 1. possession
• A coin is counterfeit, if it is forged, or if it is not 2. with intent to utter, and
authorized by the government as legal tender, 3. knowledge
regardless if it is of intrinsic value.
• Counterfeiting is the imitation of legal or 2. Actually uttering such false or mutilated coin,
genuine coin such as to deceive an ordinary knowing the same to be false or mutilated.
person in believing it to be genuine.
• To utter is to pass counterfeited coins, deliver ELEMENTS:
or give away. 1. actually uttering, and
• To import is to bring them into port. 2. knowledge
Importation is complete even before entry at
the Customs House.
NOTES:
• This article also applies to Philippine coins, • Possession or uttering does not require that
foreign state coins, and coins withdrawn coins be legal tender.
from circulation. This does not require that • Crime under this article includes constructive
the coins counterfeited be legal tender. possession or the subjection of the thing to
ones’ control.
Page 124 of 174

• R.A. 427 punishes possession of silver or nickel

coins in excess of P50.00. It is a measure of
national policy to protect the people from the ELEMENTS:
conspiracy of those hoarding silver or nickel 1. That there be an instrument payable to
coins and to preserve and maintain the order or other document of credit not
economy. payable to bearer;
2. That the offender either forged, imported or
uttered such instruments; and
ARTICLE 166. FORGING TREASURY OR BANK 3. That in case of uttering, he connived with
NOTES, OBLIGATIONS AND SECURITIES; the forger or importer.
IMPORTING AND UTTERING FALSE OR
FORGED NOTES, OBLIGATIONS AND ARTICLE 168. ILLEGAL POSSESSION AND
SECURITIES USE OF FALSE TREASURY OR BANK NOTES
AND OTHER INSTRUMENTS OF CREDIT
ACTS PUNISHABLE:
1. Forging or falsification of treasury or bank
notes or documents payable to bearer; Elements:
2. Importing of such notes; or QuickTime™ and a
3. Uttering of such false or forged obligations 1. That any treasury or bank note or certificate
and notes in connivance with forgers and TIFF (Uncompressed) decompressorare needed to see this picture. or other
importers. obligation and security payable to bearer, or
any instrument payable to order or other
NOTES: document of credit not payable to bearer is
• Forging is committed by giving a forged or falsified by another person;
treasury or bank note or document 2. That the offender knows that any of those
payable to bearer or order an instruments is forged or falsified; and
appearance of a true and genuine 3. That he performs any of these acts:
document. a. using any of such forged or falsified
• Falsification is committed by erasing, instruments, or
substituting, counterfeiting or altering b. possessing with intent to use any of
by any means the figures and letters, such forged or falsified instruments.
words, signs contained therein.
Example: falsifying lotto or • The act sought to be punished is knowingly
sweepstakes ticket constitutes the possessing with intent to use any of such forged
complex crime of attempted estafa treasury or bank notes.
through falsification of a government • The accused has the burden to give a satisfactory
security. explanation of his possession of forged bills.
• Forging PNB checks is not included Mere possession of false money bill, without
under this article. That is intent to use it to the damage of another, is not a
falsification of commercial crime.
document under Article 172.
• Obligation or security includes bonds,
certificate of indebtedness, bills,
national bank notes, coupons, treasury ARTICLE 169. HOW FORGERY IS COMMITTED
notes, certificates of deposit, checks,
drafts for money, and sweepstakes
money. HOW FORGERY IS COMMITTED:
a. by giving to a treasury or bank note or any
instrument payable to bearer or to order, the
ARTICLE 167. COUNTERFEITING, IMPORTING, appearance of a true and genuine
AND UTTERING INSTRUMENTS NOT document;
PAYABLE TO BEARER b. by erasing, substituting, counterfeiting,
altering by any means the figures, letters or
Page 125 of 174

words, or signs contained therein. b. Causing it to appear that persons have

participated in any act or proceeding when
• If all acts are done but genuine appearance is they did not in fact so participate
not given, the crime is frustrated. c. Attributing to persons who have participated
• P.D. No. 247 punishes the willful defacement, in an act or proceeding statements other than
mutilation, tearing, burning, or destruction in any those in fact made by them.
manner of currency notes or coins issued by the d. Making untruthful statements in a narration of
Central Bank of the Philippines. facts.
e. Altering true dates.
f. Making any alteration or intercalation in a
ARTICLE 170. FALSIFICATION OF genuine document which changes its
LEGISLATIVE DOCUMENTS meaning.
g. Issuing in authenticated form a document
purporting to be a copy of an original
ELEMENTS:
document when no such original exists, or
1. That there be a bill, resolution, or including in such copy a statement contrary
ordinance enacted or approved or pending to, or different from, that of the genuine
approval by Congress or any provincial board original.
or municipal council; h. Intercalating any instrument or note relative
2. That the offender (any person) alters the to the issuance thereof in a protocol, registry
same; or official book.
3. That he has no proper authority therefor; 4. In case the offender is an ecclesiastical
and minister, the act of falsification is committed with
4. That the alteration has changed the respect to any record or document of such
meaning of the document. character that its falsification may affect the
civil status of persons. TIFF (Uncompressed)
• Accused must not be a public official decompressor
QuickTime™ and a
entrusted with the custody or possession of

such document, otherwise Art. 171 applies. PERSONS WHO MAY BE HELD LIABLE
• There can be no falsification through reckless 1. Public officer, employee, or notary public
imprudence as that will be inconsistent with the who takes advantage of his official position
element of intent to cause damage in said crime. 2. Ecclesiastical minister if the act of
falsification may affect the civil status of
persons
3. Private individual, if in conspiracy with
ARTICLE 171. FALSIFICATION BY PUBLIC public officer
OFFICER, EMPLOYEE OR NOTARY OR
ECCLESIASTICAL MINISTER ACTS OF FALSIFICATION
a. Counterfeiting or imitating any
handwriting, signature or rubric.
ELEMENTS:
1. That the offender is a public officer, employee, COUNTERFEITING ELEMENTS:
or notary public. 1) That there be an intent to imitate, or
2. That he takes advantage of his official an attempt to imitate; and
position. 2) That the two signatures or
a. He has the duty to make or to prepare or handwritings, the genuine and the
otherwise to intervene in the preparation of forged, bear some resemblance, to
the document; or each other.
b. He has the official custody of the document
which he falsifies • Lack of similitude/imitation of a genuine
3. That he falsifies a document by committing any
signature will not be a ground for
of the following acts:
conviction under par. 1 but such is
a. Counterfeiting or imitating any handwriting,
signature or rubric.
Page 126 of 174

not an impediment to conviction disclosure of the truth of the facts narrated.

under par. 2. Ex. Residence certificates
b. Causing it to appear that persons have Enemecio v. Office of the Ombudsman, GR

participated in an act or a proceeding 146731, 1/13/04
1) That the offender caused it to appear As the Ombudsman correctly pointed out,
in a document that a person or Enemecio failed to point to any law imposing upon
persons participated in an act or a Bernante the legal obligation to disclose where he
proceeding was going to spend his leave of absence. “Legal
2) That such person did not in fact obligation” means that there is a law requiring the
participate in the act or proceeding disclosure of the truth of the facts narrated. Bernante
may not be convicted of the crime of falsification of
c. Attributing to persons who have public document by making false statements in a
participated in any act or proceeding narration of facts absent any legal obligation to
statements other than those in fact made disclose where he would spend his vacation leave
by them. and forced leave.
1) That a person or
persons participated in an act e. Altering true dates.
or a proceeding • Date must be essential
2) That such person or persons made • Alteration mujst affect veracity of document or
statements in that act or proceeding; effects
and
3) That the offender, in making a f. Making any alteration or intercalation in a
document, attributed to such person genuine document which changes its
or persons statements other than meaning.
those in fact made by such person or
persons ELEMENTS:
1. That there be an alteration (change) or
d. Making untruthful statements in a intercalation (insertion) on a document
narration of facts. 2. That it was made on a genuine document
3. That the alteration or intercalation has
ELEMENTS: changed the meaning of a document
QuickTime™ and a
1) That the offender makes in a TIFF (Uncompressed) decompressor
document statements in a narration 4. That the change made the document are
of facts needed to see this picture. speak something false
2) That he has a legal obligation to

disclose the truth of the facts g. Issuing in an authenticated form a document
narrated by him purporting to be a copy of an original document
3) That the facts narrated by the when no such original exists, or including in
offender are absolutely false; such copy a statement contrary to, or different
4) That the perversion of truth in the from, that of the genuine original.
narration of facts was made with the
wrongful intent of injuring a third • if no knowledge, falsification
person through negligence
• There must be a narration of facts, not a h. Intercalating any instrument or note relative to the
conclusion of law. Narration must be on a issuance thereof in a protocol, registry or official
material matter. book.
• The person making the narration of facts • This involves a genuine document
must be aware of the falsity of the facts • There is no crime of attempted or
narrated by him. This kind of falsification may frustrated falsification of public document.
be committed by omission. • Legal obligation • If offender does not take advantage of his
means that there is a law requiring the public position, he may still be liable for
Page 127 of 174

falsification of documents by a private • Cash disbursement vouchers or receipts

person under Art. 172. evidencing payments are not commercial
• It is not necessary that what is falsified is a documents.
genuine or real document. It is enough that it • A mere blank form of an official document is not
gives an appearance of a genuine article. in itself a document.
• The possessor of falsified document is
presumed to be the author of the falsification.
DOCUMENT - any written statement by which a right • Issuing in authenticated form a document(art.
is established or an obligation is extinguished 171(7)) purporting to be a copy of an original
document when no such original exists, or
COUNTERFEITING – intent or attempt to imitate including in such copy a statement contrary to, or
different from, that of the genuine original - can
FEIGNING - to represent by false appearance when be committed only by a public officer or notary
no original exists public who takes advantage of his official position
since the authentication can be made only by the
custodian or the one who prepared and retained
ARTICLE 172. FALSIFICATION BY PRIVATE a copy of the original document
INDIVIDUALS AND USE OF FALSIFIED
ELEMENTS OF FALSIFICATION OF PRIVATE
INSTRUMENTS
DOCUMENT:
1. That the offender committed any of the acts
ELEMENTS OF FALSIFICATION OF PUBLIC, of falsification, except those in paragraph
OFFICIAL, OR COMMERCIAL DOCUMENT BY A 7 and 8, enumerated in art. 171; 2. That the
PRIVATE INDIVIDUAL (par 1): falsification was committed in any private
1. That the offender is a private individual or a document; and
public officer or employee who did not take 3. That the falsification caused damage to a
advantage of his official position; third party or at least the falsification was
2. That he committed any of the acts of committed with intent to cause such
falsification enumerated in ART. 171; damage
3. That the falsification was committed in any .
public or official or commercial document. • It is not necessary that the offender profited or
hoped to profit
• Under this paragraph, damage is not essential, • A document falsified as a necessary means to
it is presumed. commit another crime (complex crime) must be
public, official or commercial. Hence, there is
• Lack of malice or criminal intent may be put up
no complex crime of estafa through
as a defense under this article.
falsification of a TIFF (Uncompressed) decompressorprivate
• The following writings are public:
documentQuickTime™ and a because the immediate
a. written official acts or records of acts of the
effect of the latter is the same as that are needed to see this
sovereign authority, official bodies and picture.
of estafa.
tribunals, and of the public officers,
• There is no falsification through reckless
legislative, judicial and executive, whether
imprudence if the document is private and no
of the Philippines or of a foreign country;
actual damage is caused.
b. Documents acknowledged before notary
• If the estafa was already consummated at the
public except last wills and testaments;
time the falsification of a private document
c. Public records, kept in the Philippines, of was committed for the purpose of concealing the
private documents required by law to be estafa, the falsification is not punishable. As
entered therein. regards the falsification of the private document,
• Commercial documents: warehouse receipts, there was no damage or intent to cause
airway bills, bank checks, cash files, deposit slips damage.
and bank statements, journals, books, ledgers,
• A private document may acquire the character
drafts, letters of credit and other negotiable
of a public document when it becomes part of
instruments.
Page 128 of 174

an official record and is certified by a public ARTICLE 173. FALSIFICATION OF WIRELESS,

officer duly authorized by law. CABLE, TELEGRAPH, AND TELEPHONE
• The crime is falsification of public documents MESSAGES, AND USE OF SAID FALSIFIED
even if the falsification took place before the MESSAGES
private document became part of the public
records. ACTS PUNISHABLE:
1. Uttering fictitious, wireless, telegraph or
telephone message or falsifying message.
ELEMENTS OF USE OF FALSIFIED DOCUMENT
(par. 3, art. 172): ELEMENTS:
a. That the offender is an officer or
Introducing in a judicial proceeding employee of the government or an officer
1. That the offender knew that a document was or employee of a private corporation,
falsified by another person. engaged in the service of sending or
2. That the false document is embraced in art. receiving wireless, cable or telephone
171 or in any subdivisions nos. 1 and 2 of message; and
art. 172. b. That the accused commits any of the
3. That he introduced said document in following acts:
evidence in any judicial proceeding. - uttering fictitious wireless, cable,
telegraph, or telephone
Use in any other transaction message, or
1. That the offender knew that a document was - falsifying wireless, cable,
falsified by another person. telegraph, or telephone message
2. That the false document is embraced in art. • A private individual may be a principal by
171 or in any of subdivision nos. 1 and 2 inducement but not direct participation
of art. 172.
3. That he used such documents (not in judicial 2. Using such falsified message.
proceedings).
4. That the use of the documents caused ELEMENTS:
damage to another or at least was used with a. That the accused knew that wireless,
intent to cause such damage. cable, telegraph, or telephone message
was falsified by any of the person
The user of the falsified document is deemed the specified in the first paragraph of art.
author of the falsification, if: 173;
1. The use was so closely connected in time b. That the accused used such falsified
with the falsification, and dispatch; and
2. The user had the capacity of falsifying the c. That the use of the falsified dispatch
document. resulted in the prejudice of a third
party, or that the use thereof was with
FALSIFICATION OF FALSIFICATION OF intent to cause such prejudice.
PRIVATE PUBLIC/
DOCUMENTS OFFICIAL DOCUMENTS • The public officer, to be liable, must be
Damage to third party Damage to third persons is engaged in the service of sending or
is an element of the immaterial; receiving wireless, cable and telegraph or
offense. what is punished is the telephone message.
violation of public faith and • Act No. 1851, Sec. 4, punishes private
QuickTime™ and a
perversion of truth which the
individuals who forge or alter telegram. TIFF
document proclaims. (Uncompressed) decompressorare needed to see this picture.
ARTICLE 174. FALSE MEDICAL

CERTIFICATES, FALSE CERTIFICATES OF
Page 129 of 174

MERIT OR SERVICE, ETC employed by themselves or together with

other implements to commit the crime of
PERSONS LIABLE: counterfeiting or falsification.
1. Physician or surgeon who, in connection • Constructive possession is also punished.
with the practice of his profession, issued a • Article 165 and 176 of the Revised Penal
false certificate which refers to the illness or Code, also punish constructive possession.
injury of a person.
2. Public officer who issued a false certificate
of merit of service, good conduct or similar
circumstances. Ex. Certificate of residence ARTICLE 177. USURPATION OF AUTHORITY
3. Private individual who falsified a certificate OR OFFICIAL FUNCTIONS
under (1) and (2).
ACTS PUNISHABLE:
ARTICLE 175. USING FALSE CERTIFICATES
1. Usurpation of authority: By knowingly and
falsely representing oneself to be an
CERTIFICATE - any writing by which testimony is officer, agent or representative of any
given that a fact has or has not taken place department or agency of the Philippine or
any foreign government
ELEMENTS: 2. Usurpation of official functions: By
performing an act pertaining to any
1. That a physician or surgeon has issued a
person in authority or public officer of the
false medical certificate, or a public officer
Philippines or foreign government under the
has issued a false certificate of merit or
pretense of such official position, and
service, good conduct, or similar
without being lawfully entitled to do so.
circumstances, or a private person had
falsified any of said certificates;
2. That the offender knew that the certificate NOTES:
was false; and • In usurpation of authority, the mere act of
3. That he used the same. knowingly and falsely representing
oneself is sufficient. It is not necessary that
he performs an act pertaining to a public
• When any of false certificates mentioned in
officer.
Article 174 is used in judicial proceedings, Article
• There must be positive, express and explicit
172 does not apply because it is limited only to
representation and not merely a failure to
those false documents embraced in Articles 171
deny. Representation may be shown by acts.
and 172.
• In usurpation of official functions, it is
essential that the offender should have
ARTICLE 176. MANUFACTURING AND performed an act pertaining to a person in
POSSESSION OF INSTRUMENTS OR authority.
IMPLEMENTS FOR FALSIFICATION • A public officer may also be an offender.
• Note: the usurpation must pertain to a
ACTS PUNISHABLE: department or agency of the Philippine
1. Making or introducing into the Philippines Government or any foreign government.
any stamps, dies or marks or other • Sec. 1 RA 75 punishes any person who shall
instruments or implements for falsely assume and take upon himself to act
counterfeiting or falsification. as a diplomatic, consular, or any other official
2. Possessing with intent to use the of a foreign government duly accredited as
instruments or implements for counterfeiting such to the Government of the Republic of
or falsification made in or introduced into the the Philippines with intent to defraud such
Philippines by another person. foreign government or the Government of the
Philippines; in addition to penalties imposed
NOTES: in RPC, the offender shall be fined not more
• The implements confiscated need not form a than P5,000 or shall be imprisoned for not
complete set. It is enough that they may be
Page 130 of 174

QuickTime™ and a more than 5 years or both.TIFF 2. That the purpose is only to conceal his
(Uncompressed) decompressorare needed to see this picture. identity.
• If it can be proven that the usurpation of
authority or official functions by accused was USE OF FICTITIOUS NAME CONCEALING
done in good faith or under cloth of authority, (178) TRUE NAME
then the charge of usurpation will not apply. (178)
Ex. See Estrada v. Desierto Element of publicity must be Publicity not
present necessary
Estrada v. Desierto, GR 156160, 12/9/04 Hefti was Purpose is to conceal a crime, to Purpose is only
charged with Usurpation of Official Function for evade the execution of a to conceal
issuing a notice of distraint, a function of the BIR judgment, or to cause damage to identity
Commissioner. While it is true that under Sec. 206 of public interest
the NIRC as amended, the Commissioner of the BIR
and not any Officer of the BIR was the one granted
with the power to issue a notice of distraint, it bears to
stress, however, that when respondent Hefti C.A. NO. 142 (Anti-Alias Law)
exercised such function of the BIR Commissioner,
she was then designated Officer-In-Charge of the
BIR by President Gloria Macapagal-Arroyo, as PERSONS LIABLE:
evidenced by a photocopy of her Memorandum of
Appointment dated January 23, 2001. xxx Suffice it
1. Any person who uses any name different from
to say that when respondent Hefti issued the notice
the one w/ w/c he was registered at birth in the
of distraint, she was clothed with authority to issue
office of the local civil registry, or w/ w/c he was
the same in view of her appointment as the then
registered in the bureau of immigration upon
Officer-In-Charge of the BIR. Hence, the charge for
entry, or such substitute name as may have been
Usurpation of Official Function does not apply to said
respondent. authorized by a competent court. Exempted from
criminal liability are persons who use another
name as a pseudonym solely for literary, cinema,
television, radio, or other entertainment
Chapter Two – OTHER FALSITIES purposes and in athletic events; and
2. Any person who having been baptized with a
name different from what was registered, or who
had obtained judicial authority for use of an alias,
ARTICLE 178. USING FICTITIOUS NAME AND or who uses a pseudonym, represents himself
CONCEALING TRUE NAME in any public or private document w/o stating
or affixing his real or original name or aliases
ELEMENTS OF USING FICTITIOUS NAME: 1. That or pseudonym he is authorized to use.
the offender uses a name other than his real
name; NOTES:
2. That he uses that fictitious name publicly; • A judicial authority must be first secured by a
3. That the purpose of the offender is – person who desires to use an alias.
a. To conceal a crime, • However, a common-law wife does not incur
b. To evade the execution of a judgment, or criminal liability under the Anti-Alias Law if she
c. To cause damage to public interest. uses the surname of the man she has been living
Ex. Signing fictitious name for a passport w/ for the past 20 years and has been introducing
herself to the public as his wife.
ELEMENTS OF CONCEALING TRUE NAME:
1. That the offender conceals – ARTICLE 179. ILLEGAL USE OF UNIFORMS
a. his true name, and OR INSIGNIA
b. all other personal circumstances;
and
ELEMENTS:
Page 131 of 174

1. That the offender makes use of insignia, • Violation of this article requires criminal intent.
uniform or dress; Hence, it cannot be committed through
2. That the insignia, uniform or dress pertains to negligence.
an office not held by the offender or to a • The offender need not impute guilt upon the
class of persons of which he is not a accused to be liable.
member; and QuickTime™ and a • The defendant must at least be sentenced to a
correctional penalty or a fine, or must have
3. That said insignia, uniform or dress is used are
been acquitted.
publicly and improperly. • The witness who gave false testimony is liable
even if the court did not consider his
NOTES: testimony.
• An exact imitation of the dress or uniform is • Penalty depends upon sentence imposed on
unnecessary; a colorable resemblance the defendant except in the case of a
calculated to deceive is sufficient judgement of acquittal. Since Art. 180 does not
• The term “improperly” means that the offender prescribe the penalty where the defendant in a
has no right to use the uniform or insignia. criminal case is sentenced to a light penalty,
• Wearing the uniform of an imaginary office, not false testimony in this instance cannot be
punishable punished considering that a penal must be
• Using naval, military, police or other official strictly construed.
uniform, decoration or regalia of foreign State
with intent to deceive or mislead is punished by
RA 75 by a fine not exceeding P200 or ARTICLE 181. FALSE TESTIMONY
imprisonment not exceeding 6 months, or both
FAVORABLE TO THE DEFENDANT
• Wearing insignia, badge or emblem of rank of
the members of the Armed Forces of the
NOTES:
Philippine or Constabulary is punished by RA
• False testimony by negative statement is still in
493 by a fine of not less than P100 and not
favor of the defendant.
exceeding P2,000 or by imprisonment for not
• False testimony in favor of defendant need not
less than one month or not exceeding two
directly influence the decision of acquittal nor
years, or both, except if used in playhouse or
benefit the defendant(intent to favor
theater or in moving picture films
defendant sufficient)
• A statement of mere
ARTICLE 180. FALSE TESTIMONY AGAINST A opinion is not punishable.
DEFENDANT • Conviction or acquittal is not necessary (final
judgment is not necessary), but gravity of
crime in principal case should be shown • A
ELEMENTS: defendant who voluntarily goes up on the
1. That there be a Criminal proceeding; witness stand and falsely imputes to another
2. Offender testifies falsely under oath person the commission of the offense is liable
against the defendant therein; under this article. If he merely denies the
3. Offender knows that it is false; and commission of the offense, he is not liable.
4. The defendant against whom the false • Rectification made spontaneously after
testimony is given is either acquitted or realizing mistake is not false testimony (Not
convicted in a final judgment. liable if there is no evidence that accused acted
with malice or criminal intent to testify falsely)
FALSE TESTIMONY - committed by a person who, • The penalty in this article is less than that which
being under oath and required to testify as to the truth is provided in the preceding article because
of a certain matter at a hearing before a competent there is no danger to life or liberty of the
authority, shall deny the truth or say something defendant.
contrary to it
NOTES: ARTICLE 181. FALSE TESTIMONY IN CIVIL
Page 132 of 174

CASES inducing another as principal by inducement

and the one induced as principal by direct
ELEMENTS: participation.
1. That the testimony must be given in a civil • Solemn affirmation refers to non-judicial
case; proceedings and affidavits.
2. That the testimony must relate to the issues • A false affidavit to a criminal complaint may
presented in said case; give rise to perjury.
3. That the testimony must be TIFF (Uncompressed) • A matter is material when it is directed to
prove a fact in issue.
decompressorQuickTime™ and afalse;
• A “competent person authorized to administer
4. That the false testimony must be given by the
an oath” means a person who has a right to
defendant knowing the same
inquire into the questions presented to him
to be false; and
upon matters under his jurisdiction.
5. That the testimony must be malicious and
• There is no perjury through negligence or
given with an intent to affect the issues
imprudence since the assertion of falsehood
presented in the said case.
must be willful and deliberate.
• Even if there is no law requiring the
• This article is not applicable when testimony is
statement to be made under oath, as long as
given in a special proceeding. In this case, the
it is made for a legal purpose, it is sufficient. •
crime is perjury.
Perjury is an offense which covers false
• Basis of penalty: amount involved in the civil
oaths other than those taken in the course
case.
of judicial proceedings.
ARTICLE 183. FALSE TESTIMONY IN OTHER

CASES AND PERJURY IN
SOLEMN AFFIRMATION
ELEMENTS:
1. That an accused made a statement under
oath or made an affidavit upon a material
matter;
2. That the statement or affidavit was made
before a competent officer, authorized to
receive and administer oath; 3. That in that
statement or affidavit, the accused made a
willful and deliberate assertion of a
falsehood; and
4. That the sworn statement or affidavit
containing the falsity is required by law.
Two (2) Ways Of Committing Perjury:

a. by falsely testifying under oath
b. by making a false statement
NOTES:
• Subornation of perjury is committed if a
person procures another to swear falsely
and the witness suborned does testify under
circumstances rendering him guilty of perjury.
This is now treated as plain perjury, the one
Page 133 of 174

• False testimony before the justice of the gifts or promise was the consideration for his
peace during a preliminary investigation may refraining from
give rise to the crime of perjury, not false taking part in that public auction; and
testimony in judicial proceedings. The latter 4. That the accused had the intent to cause the
crime contemplates an actual trial where a reduction of the price of the thing
judgment of conviction or acquittal is auctioned.
rendered.
ELEMENTS OF ATTEMPTING TO CAUSE

BIDDERS TO STAY AWAY:
ART. 184. OFFERING FALSE TESTIMONY IN 1. That there be a public auction;
EVIDENCE 2. That the accused attempted to cause the
bidders to stay away from that public
ELEMENTS: auction;
1. That the offender offered in evidence a false 3. That it was done by threats, gifts, promises,
witness or false testimony; or any other artifice; and 4. That the
2. That he knew the witness or the testimony accused had the intent to cause the
was false; and reduction of the price of the thing
3. That the offer was made in a judicial or auctioned.
official proceeding.
NOTES:
NOTES: • The crime is consummated by the mere act of
• This article applies when the offender, without soliciting a gift or promise for the purpose of
inducing another but knowing him to be a abstaining from taking part in any public
false witness, presented him and the latter auction.
testified falsely in a judicial or official • The threat need not be effective nor the offer or
proceeding. gift accepted for the crime to arise.
• The felony is consummated the moment a • Execution sales should be opened to free and
false witness is offered in any judicial or official full competition in order to secure the maximum
proceeding. Looking for a false witness is not benefit for the debtors.
punished by law as that is not offering a false
witness.
• The false witness need not be convicted of ARTICLE 186. MONOPOLIES AND
false testimony. A mere offer to present him is COMBINATIONS IN RESTRAINT OF TRADE
sufficient.
ACTS PUNISHED:
Chapter Three – FRAUDS 1. Conspiracy or combination to prevent free
competition in the market
2. Monopoly to restrain free competition in the
market
3. Manufacturer, producer, or processor or
ARTICLE 185. MACHINATIONS IN PUBLIC importer combining, conspiring or agreeing
TIFF (Uncompressed) decompressorAUCTIONS QuickTime™ and a
with any person to make transactions
are needed to see this picture. prejudicial to lawful commerce or to increase
the market price of merchandise
ELEMENTS OF MACHINATIONS IN PUBLIC
AUCTIONS: NOTES:
1. That there be a public auction; • Combination to prevent free competition in the
2. That the accused solicited any gift or a market - By entering into a contract or
promise from any of the bidders; 3. That such agreement or taking part in any conspiracy or
Page 134 of 174

combination in the form of a trust or otherwise, in pool, holding company, or other form of TIFF
restraint of trade or commerce or to prevent (Uncompressed) decompressorare needed to see this picture. association, for
by artificial means free competition in the the purpose of unduly restricting competition,
market; It is enough that initial steps are taken. It monopolizing trade and commerce in a certain
is not necessary that there be actual restraint commodity, controlling its production, distribution
of trade. and price, or otherwise interfering with freedom of
trade without statutory authority. Combination in
• Monopoly to restrain free competition in the restraint of trade refers to the means while
market - By monopolizing any merchandise or monopoly refers to the end.
object of trade or commerce, or by combining
with any person or persons to monopolize said
merchandise or object in order to alter the prices
thereof by spreading false rumors or making ARTICLE 187. IMPORTATION AND
use of any other artifice to restrain free DISPOSITION OF FALSELY MARKED
competition in the market ARTICLES OR MERCHANDISE MADE OF
GOLD, SILVER, OR OTHER PRECIOUS
• Manufacturer, producer, or processor or METALS OR THEIR ALLOYS
importer combining, conspiring or agreeing
with any person to make transactions ELEMENTS:
prejudicial to lawful commerce or to increase 1. That the offender imports, sells or disposes of
the market price of the merchandise. any article or merchandise made of gold, silver or
other precious metals; 2. That the stamps, brands,
• Also liable as principals: or marks of those articles or merchandise fails to
a. corporation/association indicate the actual fineness or quality of said
b. agent/representative metals or alloys; and
c. director/manager who willingly 3. That the offender knows that the said stamp,
permitted or failed to prevent brand, or mark fails to indicate the actual
commission of above offense fineness or quality of the metals or alloys.
• When offense is committed by a corporation or
association, the president and directors or • When evidence show the article to be imported,
managers are liable. selling the misbranded articles is not necessary.
• Mere conspiracy or combination is punished • The manufacturer who alters the quality or
• Crime is aggravated if the items involved are: fineness is liable for estafa under Art. 315, 2(b)
a. food substance
b. motor fuel or lubricants
c. goods of prime necessity
ARTICLE 188. SUBSTITUTING AND ALTERING
• RA 3720 - created Food and Drug Administration
TRADEMARKS, TRADENAMES, OR SERVICE
• RA 6361 - created Price Control Council
MARKS
• RA 1180 - an Act to regulate the Retail Business
• A MONOPOLY is a privilege or peculiar
advantage vested in one or more persons or
companies, consisting in the exclusive right or ACTS PUNISHABLE:
power to carry on a particular business or trade, 1. By (a) substituting the trade name (t/n) or
manufacture a particular article, or control the trademark (t/m) of some other manufacturer or
sale or the whole supply of a particular dealer or a colorable imitation thereof, for the
commodity. It is a form of market structure in t/n or t/m of the real manufacturer or dealer
which one or only a few firms dominate the total upon any article of commerce; and (b) selling
sales of a product or service. On the other hand, the same.
a COMBINATION IN RESTRAINT OF TRADE is 2. By selling or by offering for sale such article
an agreement or understanding between two or of commerce, knowing that the t/n or t/m has
more persons, in the form of a contract, trust, been fraudulently used.
QuickTime™ and a
3. By using or substituting the service mark of
some other person, or a colorable imitation of
Page 135 of 174

such marks, in the sale or advertising of • The tradename or trademark must be

services. registered. Trademark must not be merely
4. By printing, lithographing or reproducing descriptive or generic.
t/n, t/m or service mark of one person, or a • The exclusive right to an originally valid
colorable imitation thereof, to enable another trademark or tradename is lost, if for any
person to fraudulently use the same, reason it loses its distinctiveness or has
knowing the fraudulent purpose for which it is become “publici juris.” QuickTime™ and a
to be used. TIFF (Uncompressed) decompressorare needed to see this picture.
TRADE-NAME OR TRADE-MARK – is a word or

ARTICLE 189. UNFAIR COMPETITION,
words, name, title, symbol, emblem, sign or device, or
FRAUDULENT REGISTRATION OF TRADE
any combination thereof used as an advertisement,
NAME, TRADEMARK, OR SERVICE MARK,
sign, label, poster, or otherwise, for the purpose of
FRAUDULENT DESIGNATION OF ORIGIN, AND
enabling the public to distinguish the business of the
FALSE DESCRIPTION
person who owns and uses said
trade-name or trade-mark
* Superseded by RA 8293, the Intellectual
SERVICE MARK – is a mark used in the sale or Property Code, Jan. 1, 1998.
advertising of services to identify the services of one ACTS PUNISHED:
person and distinguish them from the services of 1. Unfair competition by selling his goods, giving
others and includes without limitation the marks, them the general appearance of the goods of
names, symbols, titles, designations, slogans, another manufacturer or dealer.
character names, and distinctive features of radio or 2. Fraudulent designation of origin by (a)
other advertising affixing to his goods or using in connection
with his services a false designation of origin;
NOTES: or any false description or representation,
• The provisions of Articles 188 and 189 of the and (b) selling such goods or services.
Revised Penal Code which are inconsistent 3. Fraudulent registration by procuring
with R. A. 8293 (Intellectual Property Code of fraudulently from the patent office the
the Philippines) are repealed. registration of t/m, t/m or service mark.
• The tradename, trademark or service mark
need not be identical; a colorable imitation is ELEMENTS OF UNFAIR COMPETITION:
sufficient. There must not be differences which 1. That the offender gives his goods the general
are glaring and striking to the eye. appearance of the goods of another
• “Mark” means any visible sign capable of manufacturer or dealer;
distinguishing the goods or services of an 2. That the general appearance is shown in the
enterprise and shall include a stamped or (a) goods themselves, (b) wrapping of their
marked container. packages, (c) device or words therein, or in
• Tradename: identify or distinguish an (d) any other feature of their appearance;
enterprise; not necessarily attached or affixed 3. That the offender offers to sell or sells those
to the goods of the owner. goods or gives other persons a chance or
opportunity to do the same with a like
• Trademarks: to indicate origin of ownership of
purpose; and
goods to which it is affixed
4. That there is actual intent to deceive the
• In trademarks, it is not necessary that the
public or defraud a competitor.
goods of the prior user and the later user of the
trademark are of the same categories. The
UNFAIR COMPETITION: consists in employing
meat of the matter is the likelihood of
deception or any other means contrary to good faith
confusion, mistake or deception upon
by which any person shall pass off the goods
purchasers of the goods of the junior user of
manufactured by him or in which he deals, or his
the mark and goods manufactured by the
business, or services for those of the one having
previous user.
established goodwill, or committing any acts
calculated to produce such result
Page 136 of 174

a. If the importation was through the use of

a diplomatic passport, diplomatic facilities
Unfair Competition Infringement of or any other means involving the
trademark or trade offender’s official status.
name b. Organizes, manages or acts as a
financier
Broader, more inclusive Limited range
• The protector or coddler is also liable.
Identified in the mind of Identified a peculiar
the public whether or not symbol or mark with his 2. Sale, administration, delivery, distribution and
QuickTime™ and a
a mark or trade name is goods and thereby has
employed acquired a property right transportationTIFF (Uncompressed) decompressor of
in such symbol or mark dangerous drugs are needed to see this picture.
Gives his goods the Sells goods on which

general appearance of trademark is affixed
a. Within 100 meters from a school;
the goods of another
b. If minors/mentally incapacitated
individuals are used as runners,
couriers and messengers of drug
TITLE FIVE pushers;
CRIMES RELATED TO OPIUM AND OTHER c. If the victim of the offense is a minor, or
PROHIBITED DRUGS should a prohibited/regulated
drug involved in any offense under
this section
be the proximate cause of the death of
a victim thereof
Articles 190-194 of the Revised Penal Code are
d. Organizes, manages or acts as financier
repealed by Republic Act No. 6425 “The Dangerous
Drugs Act of 1972” which took effect on March 30,
1972 (Sec. 42), as amended by PD No. 1683 and 3. Maintenance of a den, dive, or resort where
further amended by RA No. 7659 any controlled precursor and essential chemical
is sold or used
THE DANGEROUS DRUGS ACT OF 2002 1. where a prohibited/regulated drug is
(R. A. NO. 9165, repealing R. A. NO. 6425 and administered, delivered, or sold to a minor
RPC provisions on crimes related to opium who is allowed to use the same in such
and other prohibited drugs) place; or
2. should a prohibited drug be the proximate
cause of the death of the person using the
same in such den, dive or resort.
Policy 3. Organizes, manages or acts as financier
1. Campaign against Drugs and Protection of
State • The protector or coddler is also liable.
2. Balance Æ Medicinal Purpose • If place owned by third person, the same
3. Rehabilitation shall be confiscated and escheated in favor
of government IF
1. Complaint specifically allege that
ACTS PUNISHABLE: such place used intentionally for
1. Importation of dangerous drugs (even for floral, furtherance of crime
decorative and culinary purposes) and/or 2. Prosecution proves intent on part of
controlled precursors and essential chemicals owner
3. Owner included as accused in
Qualifying circumstance: criminal complaint
Page 137 of 174

• A person who visited another who was

OPIUM DIVE OR RESORT: place where smoking opium shall not be liable if the place
dangerous drug and/or controlled precursor and is not an opium dive or resort
essential chemical is administered, delivered,
stored for illegal purposes, distributed, sold or 5. Manufacture of dangerous drugs and/or
used in any form (To be habitual – prior controlled precursors and essential chemicals
conviction, reputation of place)
Aggravating circumstance: Clandestine lab is
4. Being employees or visitors of drug den who undertaken under the following circumstances:
are aware of the nature of such place 1. Any phase conducted in presence or with
• For the employee who is aware of nature of help of minors
place and any person who knowingly visits 2. Established/undertaken within 100m of
such place residential, business, church or school
premises
3. Lab secured/protected by booby traps • Qualifying circumstance: Party, social 4. Concealed with
legitimate business gathering, or in the proximate company operations of at least 2 persons,
regardless of
5. Employment of practitioner, chemical quantity engineer, public official or foreigner • Possession:
unauthorized, either actual Qualifying circumstance: Organizes, manages or constructive, irrespective of
quantity, or acts as financier with intent to possess(full knowledge that what was possessed was any of
Prima facie proof of manufacture: presence of prohibited or regulated drug) controlled precursor and
essential chemical or lab equipment in the clandestine lab Elements of possession of opium: (RA 6425)
1. occupancy or taking
CLANDESTINE LABORATORY: Any facility 2. intent to possess used for illegal manufacture of any dangerous
drug and or controlled precursor and essential • What is punished is present possession,
chemicals not past possession
• It is not necessary to allege in information
6. Illegal chemical diversion of controlled that accused is not authorized to possess precursor and essential
chemicals opium
CHEMICAL DIVERSION: sale, distribution, 9. Possession of equipment, instrument, transport of legitimately

imported, in-transit, apparatus and other paraphernalia fit for manufactured or procured controlled precursors
introducing dangerous drugs into the body or essential chemicals to any person or entity engaged in
manufacture of dangerous drug and • Possession of such equipment = Prima facie concealment of such
transaction through fraud, evidence that possessor has used a destruction of documents, fraudulent use of
dangerous drug and shall be presumed to permits, misdeclaration, use of front companies have violated Sec.
15, use of dangerous or mail fraud drug.
• The possession of PARAPHERNALIA is
7. Manufacture or delivery of equipment, absorbed by USE of dangerous drug. instrument, apparatus, and
other Qualifying circumstance: Party, social
•
paraphernalia for dangerous drugs and/or gathering, or in the proximate company of controlled precursor
and essential chemicals at least 2 persons.
Acts Punishable: 10. Use of dangerous drugs

1. deliver
2. possess with intent to deliver
Page 138 of 174

• Must be found positive after a confirmatory

3. manufacture with intent to deliver the
test
st
paraphernalia, knowing, or under
•
1
conviction – minimum of 6 mos. of circumstances
where one reasonably
rehabilitation
nd
should know
•
2
conviction – imprisonment and fine
Qualifying circumstance - use of a minor or a • Where the accused is also found to be in mentally
incapacitated individual to deliver possession of dangerous drugs, this such equipment, instrument,
apparatus or other TIFF (Uncompressed) decompressorQuickTime™ and a Section shall not apply. Sec. 11, possession
paraphernalia are needed to see this picture. of dangerous drugs, shall apply. Hence, USE is subsumed by
POSSESSION.
8. Possession of dangerous drugs, regardless of Ex. If the offender is caught with possession the degree of
purity of paraphernalia, possession of dangerous
drugs and use of dangerous drugs, the
• Penalties are graduated to the amount of offense is POSSESSION OF DANGEROUS
drugs (the only violation where quantity
DRUGS.
matters)
• The kinds of drugs have different

11. Cultivation or culture of plants which are
respective amounts for the graduation of
penalties dangerous drugs or are sources thereof
Page 139 of 174

d. Manufacture of dangerous drugs and/or

• The land/portions thereof and/or Scontrolled precursor and essential chemical,
greenhouses in which any of the said and
plants is cultivated or cultured shall be e. Cultivation or culture of plants which are
confiscated and escheated to the State, sources of dangerous drugs.
unless the owner thereof prove that he
did not know of such cultivation or • The penalty for such attempt and conspiracy is the
culture despite the exercise of due same penalty prescribed for the commission.
diligence on his part. Thus, where the offense of sale was not
consummated, the accused should not be
Qualifying circumstance: prosecuted under mere possession, but under
1) The land is part of the public domain Sec. 26. (Justice Peralta)
2) Organizes, manages or acts as financier
OTHER PERSONS LIABLE:
1. Public officer or employee who
12. Failure to keep of original records of misappropriates, misapplies or fails to
transactions of dangerous drugs account for confiscated, seized, or surrendered
dangerous drugs, plant sources of dangerous
• Persons liable: practitioner, manufacturer, drugs, etc.
wholesaler, importer, distributor, dealer, or 2. Any elective local or national official who
retailer have benefited from the proceeds of
• The additional penalty of revocation of his trafficking of dangerous drugs or have
license to practice his profession in case of a received any financial/material contributions or
practitioner, or of his or its business license in donations from natural or juridical persons
case of manufacturer, seller, importer, guilty of drug trafficking.
distributor or dealer, shall be imposed. 3. If the violation of the Act is committed by a
partnership, corporation, association or any
13. Unnecessary prescription of dangerous drugs judicial person, the partner, president, director,
or manager who consents to or knowingly
• Person Liable: Practitioner who shall tolerates such violation shall be held criminally
prescribe any dangerous drug for any person liable as co-principal.
whose physical/physiological condition does 4. Partner, president, director, manager, officer or
not require the use of thereof or in the stockholder, who knowingly authorizes,
dosage therein. tolerates, or consents to the use of a vehicle,
vessel, or aircraft as an instrument in the
14. Unlawful prescription of dangerous drugs importation, sale, delivery, distribution or
transportation of dangerous drugs, or to the use
of their equipment, machines or other
Also Punishable - instruments in the manufacture of any
dangerous drugs, if such vehicle, vessel,
aircraft, equipment, or other instrument, is
ATTEMPT AND CONSPIRACY TO COMMIT THE
owned or under the control and supervision of
FOLLOWING OFFENSES:
the partnership, corporation, association or
a. Importation of dangerous
judicial entity to which they are affiliated.
drugs and/or controlled precursor and
5. Any person who is found guilty of “planting”
essential chemical,
any dangerous drugs and/or controlled
b. Sale, trading, administration, dispensation, precursor and essential chemicals, regardless
QuickTime™ and a delivery, distribution and of quantity or purity (penalty of death).
transportationTIFF (Uncompressed) decompressorare needed to see 6. Any person violating a regulation issued by the
this picture. of dangerous drugs and/or controlled
Dangerous Drugs Board
precursor and essential chemical, 7. Any person authorized to conduct drug test who
c. Maintenance of a den, dive or resort for issues false or fraudulent drug test results
dangerous drugs, knowingly, willfully or through gross negligence.
Page 140 of 174

8. Any government officer tasked with the Dangerous Drugs Board may prescribe shall TIFF
prosecution of drug-related cases under this (Uncompressed) decompressor exempt him from criminal
Act who delays or bungles the prosecution. liability for are needed to see this picture. possession or use
of the dangerous drug.
• For the purpose of enforcing the provisions of this
Act, all school heads, supervisors and teachers C. Should the drug dependent escape from the
shall be deemed to be persons in authority and, center, he may submit himself for confinement
as such, are vested with the power to apprehend, within 1 week from the date of his escape, of his
arrest, or cause the apprehension or arrest of any parent guardian or relative may, within the same
person who shall violate any of the said provision. period surrender him for confinement.
They shall be considered as persons in authority
if they are in the school or within its immediate D. Upon application of the Board, the Court shall
vicinity, or beyond such immediate vicinity if they issue an order for recommitment if the drug
are in attendance in any school or class function dependent does not resubmit himself for
in their official capacity as school heads, confinement or if he is not surrendered for
supervisors or teachers. recommitment.
• Any teacher or school employee who discovers or E. If, subsequent to such recommitment, he
finds that any person in the school or within its should escape again, he shall no longer be
immediate vicinity is violating this Act shall have exempt from criminal liability for the use or
the duty to report the violation to the school head possession of any dangerous drug.
or supervisor who shall, in turn, report the matter
to the proper authorities. Failure to report in either F. If a person charged with an offense with an
case shall, after hearing, constitute sufficient imposable penalty of less than 6 years and 1
cause for disciplinary action by the school day, and the Court or prosecutor, at any stage of
authorities. the proceedings, finds that the person charged
(Sec. 44) with an offense is a drug dependent, the fiscal
or court as the case may be, shall suspend all
RULES FOR EXEMPTION FROM CRIMINAL further proceedings and transmit records of the
LIABILITY OF DRUG DEPENDENTS THROUGH case to the Board. If the Board determines that
VOLUNTARY SUBMISSION: public interest requires that such person be
committed, it shall file a petition for
A. Drug dependent who is finally discharged from commitment. After commitment and discharge,
confinement shall be exempt subject to the ff. the prosecution shall continue. In case of
conditions: conviction, the judgment shall, if certified by the
1) Complied with the rules of the Center center for good behavior, indicate that he shall
2) Never been charged or convicted of any be given full credit for the period of
offense under this Act, the Dangerous confinement; provided when the offense is use
Drugs Act of 1972, the RPC, or any of dangerous drugs, and the accused is not a
special penal laws. recidivist, the penalty shall have deemed to
3) No record of escape from the Center; have been served in the center upon release.
provided if he escaped, he surrendered
by himself or through his parent, spouse, G. The period of prescription of the offense charged
guardian or relative w/in the 4th w/in 1 shall not run during the time that the
week. respondent/accused is under detention or
4) Poses no serious danger to himself, confinement in a center.
family or community.
H. A drug dependent who is discharged as
B. Voluntary submission of a drug dependent to rehabilitated, but does not qualify for
confinement, treatment and rehabilitation by the exemption, may be charged under this Act, but
drug dependent himself or through his parent, shall be placed on probation and undergo
guardian or relative within the 4th in a center and community service in lieu of imprisonment
compliance with such conditions therefor as the and/or fine in the court’s discretion.
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Page 141 of 174

I. A drug dependent who is not rehabilitated after probation, or impose community service in
the second commitment to the Center under the lieu of imprisonment.
voluntary submission program shall, upon
recommendation of the Board, be charged for
violation of Sec. 15, (use of dangerous drug) and
be prosecuted like any other offender. If
convicted, he shall be credited for the period of QuickTime™ and a
confinement in the Center. are needed to see this picture.
RULES ON SUSPENSION OF SENTENCE FOR

FIRST OFFENSE OF A MINOR:
A. Supervision and rehabilitative surveillance of

the Board and under such conditions that the
court may impose for a period of 6-18 mos.
Requisites for suspension:

1. Accused is a minor over 15 years at the time
of the commission of the offense but not
more than 18 years of age when the
judgment should have been promulgated.
2. He has not been previously convicted of
violating this Act, Dangerous Drugs Act of
1972, RPC or any special penal laws.
3. He has not been previously committed to a
Center or to the care of a DOH-accedited
physician.
4. The Dangerous Drugs Board favorably
recommends that his/her sentence be
suspended.
• Where the minor is under 15 years at the time

of the commission, Art. 192 of Child and
Youth Welfare Code shall apply
(suspension of sentence and commitment)
B. The privilege of suspended sentence may be

availed of only once.
C. If the minor violates any of the conditions of his

suspended sentence, rules of the Board, or rules
of the center, the court shall pronounce
judgment of conviction and he shall serve
sentence as any other convicted person.
D. Upon promulgation of sentence, the court may,

in its discretion, place the accused under
Page 142 of 174

PROCEDURE for CUSTODY and DISPOSITION
TIME TASK PRESENT
1 Immediately after seizure Inventory and photograph Accused or the person/s from whom
confiscated, or representative, media,
DOJ and any elected public official who
shall sign the copies of the inventory
and be given a copy.
2 24 hours upon Submit to PDEA Forensic Lab for
confiscation examination
3 24 hours after receipt Issue certification of exam results under
oath; provided, if the volume is too large,
provisionally issue partial report, stating
quantities still to be examined; provided
further, issue final certification within next 24
hours.
4 72 hours after filing of Court ocular inspection.
criminal case
5 24 hours from ocular Destruction (through PDEA); provided, Accused or the person/s from whom
inspection retain representative sample. confiscated, or representative, media,
DOJ, civil society groups and any
Board to issue sworn certification of elected public official
destruction. Submit certification and
representative sample to the court.
6 After promulgation and Trial prosecutor to inform the Board of final
judgment termination of case. Request the court for
leave to turn over representative samples to
PDEA.
7 24 hours from receipt Destruction
Alleged offender or his representative shall be allowed to personally observe all of the proceedings and his presence shall
not constitute an admission of guilt. In case the offender refuses or fails to appoint a representative after due notice in writing
within 72 hours before the actual destruction, the SoJ shall appoint a member of the public attorney’s office to represent the
former.
QuickTime™ and a
TIFF (Uncompressed) decompressor are needed to see
this picture.
RULES FOR LAB EXAMINATION OF 4. Positive test must be confirmed for it to be valid
APPREHENDED/ARRESTED OFFENDERS : in a court of law.
1. If reasonable ground to believe that offender is
under the influence of dangerous drugs, conduct OTHER RULES:
examination w/in 24 hours. 1. In buy-bust operations, there is no law or rule
2. Positive results shall be challenged w/in 15 days requiring policemen to adopt a uniform way of
after receipt of the result through a confirmatory identifying buy money.
test. 2. Absence of ultraviolet powder on the buy
3. Confirmed test shall be prima facie evidence money is not fatal for the prosecution.
that offender has used dangerous drugs. 3. If offender is an alien, an additional penalty of
deportation without further proceedings shall
Page 143 of 174

be imposed immediately after service of People v. Adam GR 143842, 10/13/03

sentence. Appellant is guilty of the crime of attempted sale
4. A person charged under the Dangerous of shabu. As gleaned from the testimony of the
Drugs Act shall not be allowed to avail of poseur-buyer, the appellant merely showed the bag
plea-bargaining. containing the shabu and held on to it before it was
5. A positive finding for the use of dangerous confiscated. There is no evidence that the
drugs shall be a qualifying aggravating poseurbuyer talked about and agreed with the
circumstance in the commission of a crime by appellant on the purchase price of the shabu. There
the offender. is no evidence that the appellant handed over the
6. If public official/employee is the offender, shabu to the poseur buyer.
the maximum penalty shall be imposed.
7. Any person convicted of drug trafficking or
pushing cannot avail of the Probation Law. People v. Yang, GR 148077, 2/16/04
8. Immunity from prosecution and punishment The consummation of the crime charged herein
shall be granted to an informant, provided the may be sufficiently established even in the absence
ff. conditions concur: of an exchange of money. The offer to sell and then
1) necessary for conviction the sale itself arose when the poseur-buyer showed
2) not yet in the possession of the State the money to appellant, which prompted the latter to
3) can be corroborated on material show the contents of the carton, and hand it over to
points the poseur-buyer. Mere showing of the said regulated
4) has not been previously convicted of drug does not negate the existence of an offer to sell
a crime of moral turpitude, except or an actual sale. The absence of actual or completed
when there is no other direct payment is irrelevant, for the law itself penalizes the
evidence very act of delivery of a dangerous drug, regardless
5) comply with conditions imposed by of any consideration. Payment of consideration is
QuickTime™ and a likewise immaterial in the distribution of illicit drugs.
the State
People v. Chua, GR 149878, 7/1/03
6) does not appear to be the most guilty
In a prosecution for illegal possession of a
7) no other direct evidence available
dangerous drug, mere possession of a regulated drug
without legal authority is punishable under the
10. Mandatory drug testing includes: Dangerous Drugs Act. Lack of criminal intent or good
1) All persons charged with a criminal faith does not exempt appellants from criminal
offense having an imposable penalty of liability.
not less than 6 years and 1 day.
2) All candidates for public office, whether People v. Cadley, GR 150735, 3/15/04
appointed or elected. A prior surveillance is not a prerequisite for the
validity of an entrapment or buy- bust operation, the
11. Limited applicability of the RPC Æ The RPC conduct of which has no rigid or textbook method.
shall not apply to this Act, except in the case of
minor offenders. Where the offender is a minor,
the penalty for acts punishable by life
imprisonment to death shall be reclusion
perpetua to death.
• Hence, since RPC nomenclature of penalties is

used, the minor is then entitled to mitigating
circumstances under the RPC (Martin Simon
case). Thus, the minor does not receive the death
penalty. (Justice Peralta)
Page 144 of 174

People v. Del Norte, GR 149462, 3/31/04 (4) Black jack, lucky nine,
In a prosecution for illegal possession of poker and its dangerous drugs, the following facts must be proven
derivatives, monte, with moral certainty: (1) that the accused is in baccarat, cuajo, possession of the object identified
as a prohibited or pangguigue and other
regulated drug; (2) that such possession is not card games authorized by law; and (3) that the accused freely
and consciously possessed the said drug. In this (5) Pak que, high and low, case, proof of the accused’s
ownership of the house mahjong, domino and
where the prohibited drugs were discovered is other games using necessary. plastic tiles and the
like
(6) Slot machines,

roulette, pinball and other mechanical contraptions and devices
(7) Dog racing, boat racing, car racing and

TITLE SIX other
CRIMES AGAINST PUBLIC MORALS forms of races
(8) Basketball, boxing, volleyball, bowling, pingpong and other

P.D. 1602. PRESCRIBING STIFFER forms of individual or team contests to
PENALTIES IN ILLEGAL GAMBLING include game fixing,
point
shaving and
other
machinations
(Repealed Art. 195-199 RPC, PD 483 betting law, (9) Banking or percentage
and PD 449 cockfighting law) game, or any other
game or scheme,
PENALTY ACTS PUNISHED whether upon chance or skill, wherein
Prision correccional, medium or fine ranging from QuickTime™ and a

to include bookie
P1,000 to P6,000
In case of recidivism: Prision mayor, medium or fine

ranging from P5,000
1. Any person who shall wagers consisting of
directly or indirectly money, articles of
take part in any illegal value or
representative or unauthorized of value are
at stake or activities or games of: made
(1) Cockfighting, jueteng, 2. Any person who jai-alai

or horse racing KNOWINGLY permits
to P10,000 are needed to see this picture.operations and game in an inhabited or
fixing, numbers, bingo uninhabited place or in

and other forms of any building, vessel or lotteries other means of
transportation owned
(2) Cara y cruz, pompiang or controlled by him and the like
(3) 7-11 and any game using dice 1. Gambling in place with
Prision correccional Page 145 ofof
reputation 174
gambling,
maximum, fine of frequent gambling
P6,000
place, government Individual/team contests: game-fixing,

building or barangay pointshaving, other machinations
hall Spectators are not liable: must directly or
indirectly take part; The law does not make it
2. Maintainer or conductor an offense to be present in a gambling
of above gambling house.
schemes A game or scheme is punishable even if
Prison mayor, Government official Æ winning depends upon skill as long as
medium, with maintainer, conductor, wagers (consisting of money, articles of value
temporary absolute banker of gambling or representative of value) are at stake or
disqualification or schemes; player, made.
fine of P6,000 promoter, referee,
umpire, judge or coach Lottery:
in case of game fixing, Requisites:
point shaving and 1. Consideration
machination 2. Chance
Prision correccional Any person who knowingly 3. Prize/advantage/inequality in amount or value
medium or fine P400 and without lawful purpose which is in the nature of prize
to P2,000 possess lottery list, paper
or other matter containing NOTES:
letters, figures, signs or Distribution of prizes by chance
symbols pertaining to or in No lottery where there is full value of
money(criminal case-Olsen), but if
any manner used in the
inducement to win prize is reason for
games of jueteng, jai-alai
purchase/subscription/others then even if full
or horse racing bookies,
value for money is received—still
and similar games of
lottery(Administrative Code, postal law-El
lotteries and numbers
Debate)
which have taken place or Proof that game took place or is about to take
about to take place place is not necessary; burden of evidence is
Temporary absolute Barangay official who with shifted to accused to show that his
disqualification knowledge of gambling possession is lawful or is not connected with
house/place in his jueteng game; but proof to the contrary is
jurisdiction fails to abate or necessary when jueteng lists pertain to
take action games played on other dates MAINTAINER
Prision correccional Security officer, – person who sets up and furnishes means to
maximum or fine watchman, private or carry on gambling or scheme CONDUCTOR
P500 to P2000 house detective of hotels, – person who manages or carries on
villages, buildings, gambling game or scheme
enclosures and the like
which have reputation of
ART. 196: IMPORTATION, SALE AND
gambling place or where
POSSESSION OF LOTTERY TICKETS OR
gambling activities are
ADVERTISEMENTS (ALREADY REPEALED)
QuickTime™ and a being held
TIFF (Uncompressed) decompressorare needed to see this picture.
P.D. No. 483: BETTING, GAME-FIXING OR

NOTES: POINT-SHAVING AND MACHINATIONS IN
Playing for money is not a necessary SPORT CONTESTS
element. The law’s purpose is to prohibit
absolutely those games.
Any other games if with wager of money,
articles, or value are at stake or made NOTES:
Page 146 of 174

BETTING - betting money or any object or Friday, Election or Referendum Day and
article of value or representative of value during Registration Days for such election or
upon the result of any game, races and other referendum
sports contests 3. During local fiestas for not more than 3 days
GAME-FIXING – any arrangement, 4. Provincial, city or municipal agriculture,
combination, scheme or agreement by which commercial or industrial fair, carnival or
the result of any game, races or sports exposition for a similar period of three days
contests shall be predicted and/or knows upon resolution, subject to approval of Chief
other than on the basis of the honest playing of Constabulary or his authorized
skill or ability of the players or participants representative—not allowed within month of
POINT-SHAVING – any such arrangement, local fiesta of for more than two occasions a
combination, scheme or agreement by which year in same city or municipality
the skill of ability of any player or participant
in a game, races or sports contests to make Cockfighting for Entertainment of Tourists or for
points or scores shall be limited deliberately Charitable Purposes: Chief of Constabulary or his
in order to influence the result thereof in favor authorized representative may also allow the holding
of one or the other team, player or participant of cockfighting for:
therein 1. Entertainment of foreign dignitaries
GAME MACHINATION – any other 2. Tourists
fraudulent, deceitful, unfair or dishonest 3. Balikbayan
means, method, manner or practice 4. For support of national fund-raising
employed for the purpose of influencing the campaigns for charitable purposes as may be
result of any game, races or sports contests authorized by the Office of the President,
Clearance for arrest, detention or prosecution upon resolution of a provincial board, city or
– No person who voluntarily discloses or municipal council
denounces to the President of the Philippine
Amateur Athletic Federation or to the - In licensed cockpits or in playgrounds or
National Sports Association concerned parks
and/or to any law enforcement/police - Extended for only one time, for a period not
authority any of the acts penalized by this exceeding 3 days, within a year to a province,
Decree shall be arrested, detained and or city or municipality
prosecuted except upon prior written
clearance from the President of the
Philippines and/or the Secretary of National NOTES:
Defense Permitting gambling of any kind in cockpit is
punished under the same Decree (Owner,
manger or lessee of cockpit that permits
ART. 198: ILLEGAL BETTING ON HORSE RACES gambling shall be criminally liable)
(ALREADY REPEALED) Spectators in cockfight are not liable unless
he participates as bettor
NOTES:
Gambling in all its forms, unless allowed by
COCKFIGHTING LAW OF 1974 law, is generally prohibited. The prohibition
does not mean that the Government cannot
regulate it in the exercise of police power.
There are particular days where Cockfighting
Holding of Cockfights – Cockfighting shall be and Horse Racing are allowed. Betting in
allowed only in licensed cockpits: TIFF (Uncompressed) Horse Races is allowed during periods
provided by law but betting in cockfights is
1. Sundays are needed to see this picture.
prohibited at all times.
2. Legal Holidays, except: December 30, June Sports Contests: Betting, Game-fixing,
12, November 30, Holy Thursday, Good PointShaving, Game Machinations prohibited
Page 147 of 174

Chapter Three - OFFENSES AGAINST

DECENCY AND GOOD CUSTOMS
Page 148 of 174

5. Those who exhibit indecent or immoral plays,

ART. 200: GRAVE SCANDAL scenes, acts or shows in theaters, fairs,
cinemas or any other place.
6. Those who sell, distribute, or exhibit prints,
Elements: engraving, sculptures or literature which are
1. That the offender performs an act; offensive to morals.
2. That such act/s be highly scandalous as
offending against decency or good customs;
3. That the highly scandalous conduct does not Considered as obscene literature or immoral or
expressly fall within any other article of the indecent plays, scenes or acts:
RPC; and 1. those w/c glorify criminals or condone crimes;
4. That the act/s complained of be committed in 2. those w/c serve no other purpose but to
a public place or within the public knowledge satisfy the market for violence, lust or
or view. pornography;
3. those w/c offend against any race or religion;
Grave scandal consists of acts which are 4. those w/c tend to abet the traffic and the use
offensive to decency and good customs. of prohibited drugs; and
They are committed publicly and thus, give 5. those that are contrary to law, public order,
rise to public scandal to persons who have morals, good customs, established policies,
accidentally witnessed the acts. The public lawful orders, decrees and edicts.
view is not required. It is sufficient if
committed in public place. For being NOTES:
committed within the public knowledge, it Morals imply conformity to generally
may occur even in a private place; the accepted standards of goodness or rightness
number of people who sees it is not material. in conduct or character.
Decency means properly observing the The test of obscenity is whether the matter
requirements of modesty, good taste has a tendency to deprave or corrupt the
Customs refer to established usage, social minds of those who are open to immoral
conventions carried on by tradition and influences. A matter can also be considered
enforced by social disapproval in case of obscene if it shocks the ordinary and
violation. common sense of men as indecency.
The essence of grave scandal is publicity and Mere nudity in paintings and pictures is not
that the acts committed are not only contrary obscene.
to morals and good customs but must Pictures w/ a slight degree of obscenity
likewise be of such character as to cause having no artistic value and being intended
public scandal to for commercial purposes fall within this
those witnessing it article.
. Publicity is an essential element.
ART. 201: IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS, AND
INDECENT SHOWS ART. 202: VAGRANTS AND PROSTITUTES
Persons liable:
Who are considered VAGRANTS:
1. Those who publicly expound or proclaim
1. Those who have no apparent means of
doctrines that are contrary to public morals.
subsistence and who have the physical ability
2. Authors of obscene literature, published with
to work yet neglect to apply themselves to
their knowledge in any form.
some useful calling;
3. Editors publishing such obscene literature.
2. Persons found loitering around public and
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semi-public places without visible means of
4. Owners or operators of establishments TIFF
support;
(Uncompressed) decompressorare needed to see this picture. selling
obscene literature.
Page 149 of 174

3. Persons tramping or wandering around the

country or the streets with no visible means Under R.A. 9344 persons below eighteen (18)
of support; years of age shall be exemptQuickTime™ and a from
4. Idle or dissolute persons lodging in houses of
ill-fame; prosecution
5. Ruffians or pimps and those who habitually for the crime of vagrancyTIFF (Uncompressed) decompressorare
associate with prostitutes (may include even needed to see this picture. and prostitution under
the rich); and Section 202 of the Revised Penal Code, of

6. Persons found loitering in inhabited or mendicancy under Presidential Decree No.
uninhabited places belonging to others, 1563, and sniffing of rugby under Presidential
without any lawful or justifiable reason, Decree No. 1619, such prosecution being
provided the act does not fall within any other inconsistent with the United Nations Convention
article of the RPC. of the Rights of the Child:
PROSTITUTES - women who habitually(not just 1

man) indulge in sexual intercourse or lascivious
conduct for money or profit (If a man indulges in the
same conduct, the crime committed is vagrancy.) TITLE SEVEN CRIMES COMMITTED BY
DISSOLUTE – lax, unrestrained, immoral (includes PUBLIC OFFICERS
maintainer of house of prostitution) RUFFIANS –
brutal, violent, lawless
If fenced and with Trespass To

prohibition of entry Dwelling Chapter One - PRELIMINARY PROVISIONS
If fenced and entered to Attempted theft
hunt/fish
If not fenced and with no Vagrancy
prohibition of entry
ART. 203: WHO ARE PUBLIC OFFICERS
Requisites:
P.D. 1653 - MENDICANCY To be a public officer, one must be -
1. Taking part in the performance of public
functions in the Government, or performing
Persons liable: public duties as an employee, agent or
1. Mendicant – Those with no visible and legal subordinate official, of any rank or class, in
means of support, or lawful employment and the government or any of its branches; and
physically able to work but neglects to apply 2. That his authority to take part in the
himself to lawful calling and instead uses begging performance of public functions or to perform
as means of living (higher penalty if convicted 2 public duties must be -
or more times) a. by direct provision of the law, or
2. Any person who abets mendicancy by giving b. by popular election, or
alms on public roads, sidewalks, parks and c. by appointment by
bridges except if given through organized competent authority.
agencies operating under rules and regulations of
Ministry of Public Information NOTES:
Public officers include every public servant
NOTE: Giving alms through organized agencies from the lowest to the highest rank provided
operating under the rules and regulations of the that they exercise public functions.
Ministry of Public Information is not a violation of the A government laborer is not a public officer.
Mendicancy Law. However, temporary performance by a
Page 150 of 174

laborer of public functions makes him a public

officer. An unjust judgment may result from:
1. error (w/ bad faith)
Malfeasance Doing of an act which a public officer 2. ill-will or revenge
should not have done 3. bribery
Misfeasance Improper doing of an act which a
person might lawfully do There must be evidence that the decision
Nonfeasance Failure of an agent to perform his rendered is unjust. It is not presumed.
undertaking for the principal Knowingly – deliberately or maliciously,
conscious and deliberate intent to do an
injustice; (no liability if error in good faith)
Misfeasance:
Abuse of discretion or mere error of judgment
1. Knowingly rendering unjust judgment
cannot likewise serve as basis for rendering
2. Rendering judgment through negligence
TIFF (Uncompressed) decompressorQuickTime™ and a an unjust
3. Rendering unjust interlocutory order
judgment in the absence of proof or are needed to
4. Malicious delay in the administration of see this picture.
an allegation of bad faith (motive or
justice
improper consideration).
Nonfeasance:
1. dereliction of duty in prosecution of offenses
ART. 205: JUDGMENT RENDERED THROUGH
2. betrayal of trust by an attorney or solicitor –
NEGLIGENCE
revelation of secrets
Malfeasance: Elements:
1. Direct bribery 1. That the offender is a judge;
2. Indirect bribery 2. That he renders judgment in a case
submitted to him for decision;
3. That the judgment is manifestly unjust; and
4. That it is due to inexcusable negligence or
Chapter Two - MALFEASANCE AND ignorance.
MISFEASANCE IN OFFICE
MANIFESTLY UNJUST JUDGMENT – manifestly
contrary to law that even a person having meager
ART. 204: KNOWINGLY RENDERING AN knowledge of law cannot doubt the injustice; not
UNJUST JUDGMENT abuse of discretion or mere error of judgment
Elements: ART. 206: UNJUST INTERLOCUTORY

1. That the offender is a judge; ORDER
2. That he renders a judgment in the case
submitted to him for decision;
3. That the judgment is unjust; and Elements:
4. That the judge knows that the decision is 1. That the offender is a judge; and
unjust. 2. That he performs any of the following acts:
a. knowingly renders an unjust interlocutory
NOTES: order or decree, or
A judgment is a final consideration and b. renders a manifestly
determination by a court of competent unjust interlocutory order or decree
jurisdiction of the issues submitted to it in an through inexcusable negligence or
action or proceeding. ignorance.
An unjust judgment is one which is contrary
to law, or not supported by the evidence, or INTERLOCUTORY ORDER - one issued by the court
both. deciding a collateral or incidental matter; it is not a
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final determination of the issues of the action or

proceeding
ART. 207: MALICIOUS DELAY IN THE

ADMINISTRATION OF JUSTICE
Elements:
1. That the offender is a judge;
2. That there is a proceeding in his court;
3. That he delays the administration of justice;
and
4. That the delay is malicious, that is, the delay
is caused by the judge with deliberate intent
to inflict damage on either party in the case.
NOTE: Mere delay without malice is not punishable.
ART. 208: PROSECUTION OF OFFENSES;

NEGLIGENCE AND TOLERANCE
Acts punishable:
1. By maliciously refraining from instituting
prosecution against violators of the law
2. By maliciously tolerating the commission of
offenses
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1. Causing damage to client either

Dereliction of duty in the prosecution of offenses: a. by any malicious breach of
professional duty, or
Elements: b. by inexcusable negligence
1. That the offender is a public officer or officer or ignorance.
of the law who has a duty to cause the 2. Revealing any of the secrets of his client
prosecution of, or to prosecute offenses; learned by him in his professional capacity.
2. That there is dereliction of the duties of his Here, damage is not necessary.
office, that is, knowing the commission of the 3. Undertaking the defense of the opposing
crime, he does not cause (a) the prosecution party in the same case, without the consent
of the criminal (People vs. Rosales, of his 1st client, after having undertaken the
G.R. no. defense of a client or having received
42648) or confidential information from said client.
(b) knowing that a crime is about to be
committed he tolerates its
commission; (If gift/promise is a ART. 210: DIRECT BRIBERY
consideration for his conduct, crime
is direct bribery.) and
3. That the offender acts with malice and
Elements:
deliberate intent to favor the violator of the
law. 1. That the offender be a public officer;
2. That the offender accepts an offer or promise
NOTES: or receives a gift or present by himself or
Prevaricacion means the negligence and through another;
tolerance in the prosecution of an offense. 3. That such offer or promise be accepted or
There must be a duty on the part of the public gift/present received by the public officer
officer to prosecute or move for the (Mere agreement consummates the crime
prosecution of the offender. However, a fiscal and delivery of consideration is not
is under no compulsion to file an information necessary) -
based upon a complaint if he is convinced a. with a view to committing some crime;
that the evidence before him is insufficient to b. in consideration of an execution of an act
warrant filing an action in court. which does not constitute a crime, but the
The crime must be proved first before an act must be unjust; (contemplates an
officer can be convicted of dereliction of duty. accepted gift, and an overt act)
“Maliciously” signifies deliberate evil intent; a c. to refrain from doing something which is
dereliction of duty caused by poor judgment his official duty to do; (should not be a
or honest mistake is not punishable. crime)
A public officer who harbors, conceals, or 4. That the act which the offender agrees to
assists in the escape of an offender, when it perform or which he executes be connected
is his duty to prosecute him, is liable as with the performance of his official duties.
principal in the crime of dereliction of duty in (need not be a statutory duty)
the prosecution of offenses. He is not an
accessory. NOTES:
This article not applicable to revenue officers. For purposes of this article, temporary
performance of public functions is sufficient to
QuickTime™ and a constitute a person a public officer. A private
are needed to see this picture. person may commit this crime only in the
ART. 209: BETRAYAL OF TRUST BY AN case in which custody of prisoners is
ATTORNEY OR SOLICITOR – REVELATION OF entrusted to him.
SECRETS Applicable also to assessors, arbitrators,
appraisal and claim commissioners, experts
or any other person performing public duties.
Acts punishable:
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This felony cannot be frustrated. It may only TIFF (Uncompressed) decompressorare needed to see this picture.
be attempted or consummated.
ANTI-GRAFT AND CORRUPT PRACTICES ACT

Bribery exists when the gift is: R.A. NO. 3019
1. voluntarily offered by a private person
2. solicited by the public officer and voluntarily
delivered by the private person
3. solicited by the public officer but the private
person delivers it out of fear of the
consequences should the public officer
perform his functions (Here, the crime by the Persons Liable:
giver is not corruption of public officials due to
his involuntariness.) 1. Any public officer who shall perform any of the
following acts:
a. Persuading, inducing or influencing another
Actual receipt of the gift is not necessary. An public officer to perform an act constituting a
accepted offer or promise of a gift is sufficient. violation of rules and regulations duly
However, if the offer is not accepted, only the promulgated by competent authority or an
person offering the gift is liable for attempted offense in connection with the official duties
corruption of a public officer. of the latter, or allowing himself to be
The gift must have a value or be capable of persuaded, induced, or influenced to commit
pecuniary estimation. It could be in the form of such violation or offense.
money, property or services.
If the act required of the public officer amounts to NOTE: Persuasion need not be successful. The
a crime and he commits it, he shall be liable for gravamen of the offense is the persuasion.
the penalty corresponding to the crime.
The crime of bribery cannot be complexed with or a. Directly or indirectly requesting or receiving
absorbed by other crimes as the penalty for any gift, present, share, percentage, or
bribery is in addition to the penalties for those benefit for himself or for any other person in
other crimes. connection with any contract or transaction
The third type of bribery and prevaricacion (art between the government and any other party
208) are similar offenses, both consisting of wherein the public officer in his official
omissions to do an act required to be performed. capacity has to intervene under the law.
In direct bribery however, a gift or promise is b. Directly, or indirectly requesting or receiving
given in consideration of the omission. This any gift, present, or other pecuniary or
element is not necessary in prevaricacion. material benefit, for himself or for another,
from any person for whom the public officer, in
any manner or capacity, has secured or
BRIBERY (210) ROBBERY (294) obtained, or will secure or obtain, any
When the victim has When the victim did Government permit or license, in
committed a crime and not commit a crime consideration for the help given or to be given.
gives money/gift to avoid and he is intimidated
arrest or prosecution. with arrest and/or NOTE: If the act does not fall under b and c,
prosecution to deprive then Art. 210, direct bribery, may apply.
him of his personal (Justice Peralta)
property.
Victim parts with his money Victim is deprived of d. Accepting or having any member of his
or property voluntarily. his money or property family accept employment in a private
by force or intimidation. enterprise which has pending official
business with him during the pendency
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thereof or within one year after its whether or not the public officer profited or
termination. will profit thereby.
NOTE: The act is mala prohibita. Hence, In determining whether the contract was
the public official need not have even manifestly and grossly disadvantageous,
recommended the employment. (Justice it is not merely consideration of the
Peralta) pecuniary amount involved. (Justice
Peralta) TIFF (Uncompressed) decompressorQuickTime™ and a
e. Causing any undue injury to any party,
including the Government, or giving any
private party any unwarranted benefits, h. Directly or indirectly having financial or
advantage, or preference in the discharge of pecuniary interest in any business, contract
his official, administrative or judicial function or transaction in connection with which he
through manifest partiality, evident bad faith intervenes or take part in his official
or gross inexcusable negligence. This capacity, or in which he is prohibited by the
provision shall apply to officers and constitution or by any law from having any
employees of offices or government interest.
corporations charged with the grant of
licenses or permits or other concessions. • Under the Code of Professional Conduct,
the public officer MUST divest his
NOTES: interest.
The best defense is that the partiality was not
manifest. That the partiality is manifest is a i. Directly or indirectly becoming interested, for
heavy burden on the prosecution. personal gain, or having a material interest in
(Justice Peralta). any transaction or act requiring the approval
Another defense is the Arias doctrine. The of a board, panel, or group of which he is a
defense applies in a case where the accused member, and which exercises discretion in
is an approving officer and is on trial for such approval, even if he votes against the
signing an unjust contract. same or does not participate in the action of
The defense is that the approving officer the board, committee, panel or group.
relied on the prior signatures of his
subordinates and had no reason to suspect j. Knowingly approving or granting any license,
wrong-doing and was swamped with a lot of permit, privilege, or benefit in favor of any
documents on that day that he signed. person not qualified for or not legally entitled
There is no attempted or frustrated stage of to such license, permit, privilege, or
the crime defined in Sec. 3(e) of R.A. No. advantage, or of a mere representative or
3019. dummy of one who is not so qualified or
entitled.
f. Neglecting or refusing, after due demand or
request, without sufficient justification, to act k. Divulging valuable information of a
within a reasonable time on any matter confidential character, acquired by his office
pending before him for the purpose of or by him on account of his official position to
obtaining directly or indirectly, from any unauthorized persons, or releasing such
person interested in the matter some information in advance of its authorized
pecuniary or material benefit or advantage, or release date.
for the purpose of favoring his own interest or
giving undue advantage in favor of or 2. Any person having family or close personal
discriminating against any other interested relation with any public official who shall
party. capitalize or exploit or take advantage of such
family or close personal relation by directly or
g. Entering, on behalf of the Government, into indirectly requesting or receiving any present, gift,
any contract or transaction manifestly and or material, or pecuniary advantage from any
grossly disadvantageous to the same, person having some business, transaction,
Page 155 of 174

application, request, or contract with the for 30 days after such approval to retain such
government in which such public official has to interest.
intervene (Sec. 4)
7. Any public officer who shall fail to file a true,
3. Any person who shall knowingly induce or cause detailed and sworn statement of assets and
any public official to commit any of the offenses liabilities within 30 days after assuming office and
under (A). (Sec. 4) thereafter on or before the 15th day of April
following the close of every calendar year, as well
4. Spouse or any relative, by consanguinity or as upon the expiration of his term of office, or
affinity, within the 3rd civil degree, of the President upon his resignation or separation from office
of the Philippines, the Vice-President, the (Sec. 7).
President of the Senate, or Speaker of the House
of Representatives, who shall intervene, directly Prima Facie Evidence of and Dismissal Due to
or indirectly, in any business transaction, contract Unexplained Wealth (Sec. 8)TIFF (Uncompressed)
or application with the government (Sec. decompressor
QuickTime™ and a
5). are needed to see this picture.
This prohibition shall not apply to: 1. If a public official has been found to have
1. Any person who, prior to the assumption of acquired during his incumbency, whether in
office of any of the above officials to whom he his name or in the name of other persons, an
is related, has been already dealing with amount of property and/or money manifestly
the government along the same line of out of proportion to his salary and to his other
business; lawful income.
2. Any transaction, contract or application 2. Properties in the name of the spouse and
already existing or pending at the time of dependents of such public official may be
such assumption of public office; taken into consideration, when their
acquisition through legitimate means cannot
3. Any application filed by him, the approval of
be satisfactorily shown.
which is not discretionary on the part of the
official(s) concerned but depends upon 3. Bank deposits in the name of or manifestly
compliance with requisites provided by law, excessive expenditures incurred by the public
or rules or regulations issued pursuant to law; official, his spouse or any of their dependents
including but not limited to activities in any
4. Any act lawfully performed in an official
club or association or any ostentatious
capacity or in the exercise of a profession.
display of wealth including frequent travel
abroad of a non-official character by any
5. Any member of Congress, during the term for
public official when such activities entail
which he has been elected, who shall acquire or
expenses evidently out of proportion to
receive any personal pecuniary interest in any
legitimate income.
specific business enterprise which shall be
directly and particularly favored or benefited by
NOTE: Competent court is the Sandiganbayan (Sec.
any law or resolution authored by him previously
10).
approved or adopted by Congress during his
term.
General Rule: Prescriptive period is 15 years (Sec.
11).
6. Any public officer who recommended the initiation
in Congress of the enactment or adoption of any Exceptions: Unsolicited gifts or presents of small
law or resolution and acquires or receives such or insignificant value offered or given as a mere
interest during his incumbency. ordinary token of gratitude of friendship according
to local customs or usage, shall be excepted from
the provisions of this act (Sec. 14).
• Unlawful for such member of Congress or other
public officer, who, having such interest prior
NOTES:
to the approval of such law or resolution
No public officer shall be allowed to resign or
authored or recommended by him, continues
retire pending an investigation
Page 156 of 174

Suspension while pending in court after valid by reclusion perpetua and/or death (if
information (cannot be automatic), and loss of lower penalty than stated above, direct
benefits if convicted by final judgment; maximum bribery is the crime); and
duration of preventive suspension is 90 days; 3. In consideration of any offer, promise or
acquittal Æ reinstatement and salaries and gift.
benefits which he failed to receive
The courts are not bound by the statement of
assets and liabilities filed. ARTICLE 212. CORRUPTION OF PUBLIC
Penalty of forfeiture can be applied retroactively.
OFFICIALS
ELEMENTS:
ART. 211: INDIRECT BRIBERY 1. That the offender makes offers or promises
Elements: or gives gifts or presents to a public
1. That the offender is a public officer; officer; and
2. That he accepts gifts; and 2. That the offers or promises are made or the
3. That the said gifts are offered to him by gifts or presents given to a public officer,
reason of his office. under circumstances that will make the
public officer liable for direct bribery or
NOTES: indirect bribery.
QuickTime™ and a
The gift is given in anticipation of future favor TIFF (Uncompressed) decompressor
from the public officer. • The offender is the giver of the gift or the offeror
There must be clear intention on the part of the are needed to see this picture. of the promise. The act may or
public officer to take the gift offered and consider may not be accomplished.
the property as his own for that moment. Mere • Bribery is usually proved by evidence acquired in
physical receipt unaccompanied by any other entrapment
sign, circumstance or act to show such • Under PD 749, givers of bribes and other gifts as
acceptance is not sufficient to convict the officer. well as accomplices in bribery and other graft
There is no attempted or frustrated indirect cases are immune from prosecution if they
bribery. voluntarily give any information about any
Public officers receiving gifts and private persons commission of direct, indirect, and qualified
giving gifts on any occasion, including Christmas, bribery, and any corruption of public officials,
are liable under PD 46. provided that:
The criminal penalty or imprisonment is distinct 1. The information must refer to
from the administrative penalty of suspension consummated violations of any of the
from the service. above-mentioned provisions of law, rules
and regulations
2. Information and testimony are necessary
for the conviction of the accused public
Direct bribery Indirect bribery officer, not in possession of the State,
Officer agrees to perform Not necessary that the and can be corroborated on its material
or refrain from doing an officer do an act. points
act. 3. Informant or witness has not been
previously convicted of a crime involving
moral turpitude
4. Immunity shall not attach should the
ARTICLE 211-A. QUALIFIED BRIBERY information and/or testimony is false and
malicious or made only for the purpose of
ELEMENTS: harassing, molesting or in any way
1. That the offender is a public officer prejudicing the public officer denounced
entrusted with law enforcement;
2. That he refrains from arresting/
prosecuting offender for crime punishable
Page 157 of 174

Chapter Three – FRAUDS AND ILLEGAL

EXACTIONS AND TRANSACTIONS
ARTICLE 213. FRAUDS AGAINST THE PUBLIC

TREASURY AND SIMILAR OFFENSES
A. FRAUDS AGAINST PUBLIC TREASURY
ELEMENTS:
1. That the offender be a public officer;
2. That he should have taken advantage of his
office, that is, he intervened in the
transaction in his official capacity;
3. That he entered into an agreement with any
interested party or speculator or made use of
any other scheme with regard to (a)
furnishing supplies (b) the making of
contracts, or (c) the adjustment or settlement
of account relating to a public property or
funds; and 4. That the accused had intent to
defraud the government.
• The felony is consummated by merely entering

into an agreement with any interested party or
speculator or by merely making use of any
scheme to defraud the Government.
Page 158 of 174

B. ILLEGAL EXACTIONS ELEMENTS:

1. That the offender is a public officer;
ELEMENTS: 2. That he takes advantage of his official position;
1. The offender is a public officer entrusted and
with the collection of taxes, licenses, fees 3. That he commits any of the frauds or deceits
and other imposts; and enumerated in art. 315 and 316.
2. That he is guilty of any of the following acts (estafa, swindling)
or omissions;
a. demanding, directly or indirectly • RTC has jurisdiction over the offense because the
the payment of sums different principal penalty is disqualification.
from or larger than those
authorized by law, or
b. failing voluntarily to issue a
receipt, as provided by law, for ARTICLE 215. PROHIBITED
any sum of money collected by TRANSACTIONS
him ELEMENTS:
officially, or 1. That the offender is an appointive public
c. collecting or receiving, directly or officer;
indirectly, by way of payment or 2. That he becomes interested, directly or
otherwise, things or objects of a indirectly, in any transaction of exchange or
nature different from that speculation;
provided by law. 3. That the transaction takes place within the
territory subject to his jurisdiction; and
• Mere demand of a larger or different amount is 4. That he becomes interested in the transaction
sufficient to consummate the crime. The essence during his incumbency.
is the improper collection and damage to the
government is not required. • Examples of transactions of exchange or
• If sums are received without demanding the same, speculation are buying and selling stocks,
a felony under this article is not committed. commodities, land, etc. wherein one hopes to take
However, if the sum is given as a sort of gift or advantage of an expected rise or fall in price Æ for
gratification, the crime is indirect bribery. • When gain or profit and not merely as investment
there is deceit in demanding larger fees, the crime • Purchasing of stocks or shares in a company is
committed is estafa. simple investment and not a violation of the article.
• This felony may be complexed with However, regularly buying securities for resale is
malversation. Ex. A tax collector who collected a speculation.
sum larger than that authorized by law and spent • Appointive public officials should not devote
all of them is guilty of two crimes, namely: (1) himself to commerce
illegal exaction, for demanding a greater amount;
and (2) malversation for misappropriating the ARTICLE 216. POSSESSION OF PROHIBITED
amount collected. INTERESTS BY A PUBLIC OFFICER
• A public officer who has the duty to collect taxes is
directly accountable to the Government for money
he collected since such money acquires the WHO ARE LIABLE:
character of a public fund. 1. Public officer who became interested in any
• Officers and employees of the BIR or Customs contract or business in which it is his official
are not covered by this article but by the QuickTime™ and duty to intervene.
a NIRC 2. Experts, arbitrators and private accountants
or the Administrative Code. TIFF (Uncompressed) who took part in any contract or transaction
decompressorare needed to see this picture.
connected with the estate or property in the
approval, distribution or adjudication of which
they had acted.
3. Guardians and executors with respect to
ART. 214. OTHER FRAUDS property belonging to their wards or the estate.
Page 159 of 174

participation, including the promise of

• Actual fraud is not necessary future employment in any business
• Intervention must be by virtue of public office held enterprise or undertaking.
• Act is punished because of the possibility that E. By establishing agricultural, industrial or
fraud may be committed or that the officer may commercial monopolies or other
place his own interest above that of the combinations, and/or implementation of
Government or of the party which he represents. decrees and orders intended to benefit
• Constitutional prohibitions exist particular persons or special interests;
- Congress: cannot personally appear as F. By taking undue advantage of official
counsel, cannot be interested financially in position, authority, relationship, connection
any franchise or special privilege granted or influence to unjustly enrich himself or
by government, cannot intervene in any themselves at the expense and to the
matter before office of Goevrnment damage or prejudice of the Filipino
- Executive – cannot hold any other office people and the Republic of the
- Constitutional Commission – cannot hold Philippines.
any other office, engage in practice of
profession PERSONS LIABLE:
A. Any public officer who, by himself
or in connivance with members of
his family, relatives by affinity or
consanguinity, business associates
and subordinates or other persons,
AN ACT DEFINING AND PENALIZING THE amasses, accumulates, or acquires
CRIME OF PLUNDER ill-gotten wealth through a
RA 7080 combination or series of overt or
criminal acts as described under
above in the aggregate amount or
total value of at least 50 million
DEFINITION OF ILL-GOTTEN WEALTH: Any pesos, shall be guilty of the crime
asset, property, business enterprise or material of plunder (as amended by RA
possession of any person acquired by him directly 7659).
or indirectly through dummies, nominees, agents, B. Any person who participated with
subordinates, and/or business associates by any the said public officer in the
combination or series of the following means or commission of plunder.
similar schemes:
A. Through misappropriation, conversion, JURISDICTION: Sandiganbayan.
misuse or malversation of public funds or
raids on the public treasury.
RULE OF EVIDENCE: For purposes of establishing
B. By receiving, directly or indirectly, any the crime of plunder, it shall not be necessary to
commission, gift, share, percentage, prove each and every criminal act done by the
kickbacks or any other form of pecuniary accused in furtherance of the scheme and
benefit from any person and/or entity in conspiracy to amass, accumulate or acquire ill-
connection with any government contract gotten wealth, it being sufficient to establish beyond
or project or by reason of the office or reasonable doubt a pattern of overt or criminal acts
position of the public officer concerned; indicative of the overall unlawful scheme or
C. By the illegal or fraudulent conveyance conspiracy.
or disposition of assets belonging to the
National Government or any of its
subdivisions, agencies or instrumentalities PRESCRIPTION: 20 years. However, the right of
or government-owned or controlled the State to recover properties unlawfully
corporations and their subsidiaries; acquired by public officers from them or from their
D. By obtaining, receiving or accepting, nominees or transferees shall not be barred by
directly TIFF (Uncompressed) decompressorQuickTime™ and a or prescription, laches or estoppel.
indirectly, any are needed to see this picture.shares of
stock, equity or any other form of interest or
Page 160 of 174
ESTRADA VS. SANDIGANBAYAN, GR NO.

148560, NOVEMBER 21, 2001 ELEMENTS:
what is meant by “combination” and “series” of 1. That the offender be a public officer (or
overt or criminal acts under the plunder law? private person if entrusted with public
funds or if in connivance with public
When the plunder law speaks of “combination”, it officers); TIFF (Uncompressed) decompressorQuickTime™ and a
is referring to at least two (2) acts falling under 2. That he had the are needed to see this picture.custody or
different categories of enumeration provided in sec. control of funds or property (if not
1, par. (d). example: raids on the public treasury in accountable for the funds, crime committed
sec. 1, par. (d), subpar. (1), and fraudulent is theft or qualified
conveyance of assets belonging to the national theft);
government under sec. 1 par. (d), subpar. (3).
3. That those funds or property were public
On the other hand, to constitute a “series”
funds or property (even if private funds,
there must be two (2) or more overt or criminal acts
they become public if attached, seized,
falling under the same category of enumeration
deposited or commingled with public funds);
found in sec. 1, par. (d), say, misappropriation,
and
malversation and raids on the public treasury, all of
4. That he…
which falls under sec. 1, par. (d), subpar. (1). verily,
a. Appropriated the funds or property
had the legislature intended a technical or
distinctive meaning for “combination” and “series”, it b. Took or misappropriated them
would have taken greater pains in specially c. Consented or, through abandonment or
providing for it in the law. negligence, permitted any other person
to take such public funds or property.
• It is not necessary that the offender profited by

Joseph Ejercito Estrada vs. Sandiganbayan,
his malversation. His being remiss in the duty of
G.R. No. 148560, November 21, 2001 is the crime
safekeeping public funds violates the trust reposed.
of plunder malum in se or malum prohibitum?
• Public funds taken need not be misappropriated.
Plunder is a crime of malum in se because the
• Malversation is otherwise called embezzlement.
constitutive crimes are mala in se. the elements
• It can be committed either with malice or through
of mens rea must be proven in a prosecution for
negligence or imprudence (penalty is the same).
plunder. moreover, any doubt as to whether the
• In determining whether the offender is a public
crime of plunder is malum in se must be deemed
officer, what is controlling is the nature of his office
to have been resolved in the affirmative decision
and not the designation - contemplates public
of congress in 1993 to include it among the
heinous crimes punishable by reclusion perpetua officer who receives money or property from
to death. the legislative declaration in r.a. 7659 government for which he is bound to account, must
that plunder is a heinous offense implies that it is have authority to collect or receive
malum in se. for when the acts punished are • The funds or property must be received in an
inherently immoral or inherently wrong, they are official capacity. Otherwise, the crime committed
mala in se and it does not matter that such acts is estafa.
are punished in a special law, especially since in • Government funds include revenue funds and trust
the case of plunder the predicate crimes are funds. If funds or property placed in custody of
mainly mala in se. public officer, and they are accountable, such funds
or property partake nature of a public fund.
• A public officer who has qualified charge of gov’t
property without authority to part with its physical
possession upon order of an immediate superior
Chapter Four – MALVERSATION OF cannot be held liable under this article.
PUBLIC FUNDS OR PROPERTY
• A qualified charge of properties does not qualify to
possession contemplated in the crime of
malversation where the possessor is only
accountable to his immediate superior and not the
ARTICLE 217. MALVERSATION OF PUBLIC
government; his superior is the one accountable to
FUNDS OR PROPERTY
the government
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• Private individuals
or negligence, permitting received money,
circumstances: any other person to take the goods or other personal
1. when they are in conspiracy with public public funds/property property
officers; and
2. when they have charge of national,
provincial or municipal funds, revenues or People v. Hipol, GR 140549, 7/22/03TIFF (Uncompressed)
property in any capacity. decompressQuickTime™ and a or
• In malversation through negligence, the negligence The fact that the obligation to deposit the collections
of the accountable public officer must be positively
of the City Treasurer's Office is not
and clearly shown to be inexcusable, approximating covered by appellant's official job description is of
fraud or malice. The measure of negligence to be no legal consequence in a prosecution for
observed is the standard of care commensurate Malversation. What is essential is that appellant had
with the occasion. custody or control of public funds by reason of the
• When malversation is not committed through duties of his office.
negligence, lack of criminal intent or good faith is a
defense.
• The failure of a public officer to have any duly ARTICLE 218. FAILURE OF ACCOUNTABLE
forthcoming public funds or property upon demand, OFFICER TO RENDER ACCOUNT FAILURE
by any authorized officer, shall be prima facie OF ACCOUNTABLE OFFICER TO RENDER
evidence that he has put such missing funds or ACCOUNT
property to personal use. However, if at the very ELEMENTS:
moment when the shortage is discovered, the
1. That the offender is a public officer, whether in
accountable officer is notified, and he immediately
the service or separated therefrom;
pays the amount from his pocket, the presumption
2. That he must be an accountable officer for
does not arise. • Returning the embezzled funds is
public funds or property;
not an exempting circumstance but only
3. That he is required by law or regulation to
mitigating.
render accounts to the Commission on
• There is also no malversation when the accountable
Audit, or to a provincial auditor; and
officer is obliged to go out of his office and borrow
4. That he fails to do so for a period of two
the amount corresponding to the shortage and later,
months after such accounts should be
the missing amount is found in an unaccustomed
rendered.
place.
• Demand and misappropriation are not necessary.
• A person whose negligence made possible the
commission of malversation by another can be held
liable as a principal by indispensable
cooperation. ARTICLE 219. FAILURE OF A
• Demand by or damage to the government are not RESPONSIBLE PUBLIC OFFICER TO
necessary elements of the crime of malversation. RENDER ACCOUNTS BEFORE LEAVING
THE COUNTRY
MALVERSATION (217) ESTAFA WITH
ABUSE OF ELEMENTS:
CONFIDENCE (315) 1. That the offender is a public officer;
Funds or property usually Funds/property are 2. That he must be an accountable officer for
public always private public funds or property; and
3. That he must have unlawfully left (or be on
Offender is usually a public Offender is a private
the point of leaving) the Philippines without
officer who is accountable for individual or even a
securing from the Commission on Audit a
the public funds/property public officer who is not
certificate showing that his accounts have been
accountable for public finally settled.
funds/property • The act of leaving the Philippines must be
Crime is committed by Crime is committed by unauthorized or not permitted by law.
appropriating, taking, or misappropriating,
misappropriating/consentin converting, or
g, or through abandonment denying having
ARTICLE 220. ILLEGAL USE OF PUBLIC FUNDS
Page 162 of 174
OR PROPERTY 1. Private individual who, in any capacity, have
charge of any national, provincial or municipal
funds, revenue, or property. Example: a
ELEMENTS OF TECHNICAL MALVERSATION: withholding tax agent
1. That the offender is a public officer; 2. Administrator or depositary of funds or
2. That there is public fund or property under his property that has been attached, seized or
administration; deposited by public authority, even if owned by
3. That such public fund or property has been a private individual.
appropriated by law or ordinance (without
this, it is simple malversation) ; and 4. That • Sheriffs and receivers fall under the term
he applies the same to a public use other “administrator”
than for which such fund or property has been • Judicial administrator not covered by this article.
appropriated by law or ordinance. (Appointed TIFF (Uncompressed) decompressorto QuickTime™ and
aadminister estate of deceased and not in charge
• To distinguish this article with of property attached, are needed to see this picture. impounded
Art 217 or placed in deposit by public
(malversation), in illegal use of public funds or authority)
property, the offender does not derive any • Private property is included if it is attached,
personal gain, the funds are merely devoted to seized or deposited by public authority.
some other public use.
• Absence of damage is only a mitigating
circumstance.
Chapter Five – INFIDELITY OF PUBLIC
ARTICLE 221. FAILURE TO MAKE DELIVERY OFFICERS
OF PUBLIC FUNDS OR PROPERTY ACTS
PUNISHED:
1. By failing to make payment by a public officer
who is under obligation to make such payment
from Government funds in his possession ARTICLE 223. CONNIVING WITH OR
2. By refusing to make delivery by a public officer CONSENTING TO EVASION ELEMENTS:
who has been ordered by competent authority 1. That the offender is a public officer (on duty);
to deliver any property in his custody or under 2. That he is charged with the conveyance or
his administration (must be malicious) custody of a prisoner, either detention
prisoner or prisoner by final judgment;
ELEMENTS: 3. That such prisoner escaped from his custody;
1. That the public officer has gov’t. funds or and
property in his possession. 4. That he was in connivance with the prisoner in
2. That he is under obligation to either: the latter’s escape.
a. make payment from such funds, or
b. to deliver property in his custody or • DETENTION PRISONER - A person becomes
administration when ordered by a detention prisoner from the moment he is
competent authority; and booked. This refers to the accomplishment
3. That he maliciously fails or refuses to do so. of the booking sheet and made to fill a form
(sic) where he is finger printed. From that time
• Penalty is based on value of funds/property to be on, he is already a detention prisoner even if
delivered. he is not yet incarcerated.” (ApostThe ol)
• The release of a detention prisoner who could
not be delivered to judicial authorities within the
time fixed by law is not infidelity in the custody
ARTICLE 222. OFFICERS INCLUDED IN THE
of a prisoner. Neither is mere leniency or laxity
PRECEDING PROVISIONS
in the performance of duty constitutes of
infidelity.
PERSONS LIABLE UNDER ART. 217 TO 221:
• There is real and actual evasion of service of
sentence when the custodian permits the
Page 163 of 174
prisoner to obtain a relaxation of his • This article is not applicable if a private person
imprisonment. made the arrest and he consented to the
escape of the person he arrested.
ARTICLE 224. EVASION THROUGH

NEGLIGENCE ARTICLE 226. REMOVAL, CONCEALMENT,
OR DESTRUCTION OF DOCUMENTS
ELEMENTS:
2. That he is charged with the conveyance or ELEMENTS OF INFIDELITY IN CUSTODY OF
custody of a prisoner, either detention DOCUMENTS:
prisoner or prisoner by final judgment; and 3. 1. That the offender be a public officer;
That such prisoner escapes through his 2. That he abstracts, destroys or conceals
negligence. a
document or papers; TIFF (Uncompressed)
NOTES: decompressorQuickTime™ and a
• The article punishes a definite laxity which 3. That the said document or paper should
amounts to deliberate non-performance of a have are needed to see this picture. been entrusted to such
duty. public officer by reason of his office; and
• The fact that the public officer recaptured the 4. That damage, whether serious or not, to a
prisoner who had escaped from his custody third party or to the public interest should
does not afford him complete exculpation. have been caused.
• The liability of an escaping prisoner:
a. if he is a prisoner by final
judgment, he is liable for evasion
of service NOTES:
(art 157) • The document must be complete and one by
b. if he is a detention prisoner, he which a right could be established or an
does not incur criminal liability obligation could be extinguished.
(unless cooperating with the • Books, periodicals, pamphlets, etc. are not
offender). documents.
• The negligent public officer suffers the same • “Papers” would include checks, promissory
penalty regardless of whether the prisoner is a notes and paper money.
convict or merely a detention prisoner. • A post office official who retained the mail
without forwarding the letters to their destination
is guilty of infidelity in the custody of papers.
ARTICLE 225. ESCAPE OF PRISONER UNDER • Removal of a document or paper must be for
THE CUSTODY OF A PERSON NOT A PUBLIC an illicit purpose. There is illicit purpose when
OFFICER the intention of the offender is to: a. tamper with
ELEMENTS: it,
1. That the offender is a private person; b. to profit by it, or
2. That the conveyance or custody of a c. to commit any act constituting a
prisoner or person under arrest is breach of trust in the official care thereof. •
confided to him; Removal is consummated upon removal or
3. That the prisoner or person under arrest secreting away of the document from its
escapes; and usual place. It is immaterial whether or not
4. That the offender consents to the escape the illicit purpose of the offender has been
of the prisoner or person under arrest, or accomplished. • Infidelity in the custody of
that the escape takes place through his documents through destruction or
negligence. concealment does not require proof of an
illicit purpose.
• Delivering the document to the wrong party is
infidelity in the custody thereof.
Page 164 of 174
• The damage may either be great or small. Espionage for the benefit of another State
• The offender must be in custody of such is not contemplated by the article. If
documents because of his official capacity. regarding military secrets or secrets
affecting state security, the crime may be
espionage.
ARTICLE 227. OFFICER BREAKING SEAL
ELEMENTS OF PAR. 2 (WRONGFULLY
DELIVERING PAPERS OR COPIES OF PAPERS
OF WHICH HE MAY HAVE CHARGE AND WHICH
ELEMENTS:
SHOULD NOT BE PUBLISHED):
2. That he is charged with the custody of papers
2. That he has charge of papers;
or property;
3. That those papers should not be
3. That these papers or property are sealed by
published;
proper authority; and
4. That he delivers those papers or copies
4. That he breaks the seals or permits them to
thereof to a third person;
be broken.
5. That the delivery is wrongful; and 6. That
damage be caused to public interest.
• It is the breaking of the seals and not the opening of
a closed envelope which is punished. • Damage or CHARGE means custody or control. If he
intent to cause damage is not necessary; damage is is merely entrusted with the papers and not
presumed. with the custody thereof, he is not liable
under this article.
ARTICLE 228. OPENING OF CLOSED If the papers contain secrets which should
DOCUMENTS not be published, and the public officer TIFF (Uncompressed)
QuickTime™ and a
decompressor
ELEMENTS: having charge thereof removes and delivers
1. That the offender is a public officer; them wrongfully to a third person, the crime
2. That any closed papers, documents, or is revelation of secrets. On the other hand,
objects are entrusted to his custody; if the papers do not contain secrets, their
3. That he opens or permits to be opened removal for an illicit purpose is infidelity in
said closed papers, documents or objects; the custody of documents.
and 4. That he does not have proper Damage is essential to the act committed.
authority.
Damage is not necessary.

ARTICLE 230. PUBLIC OFFICER REVEALING
SECRETS OF PRIVATE INDIVIDUAL.
Article 229. Revelation of secrets by an officer.
ELEMENTS OF PAR. 1 (SECRETS KNOWN BY ELEMENTS:

REASON OF HIS OFFICIAL CAPACITY): 1. That the offender is a public officer;
1. That the offender is a public officer; 2. That he knows of the secret of a private
2. That he knows of a secret by reason of his individual by reason of his office; and
official capacity; 3. That he reveals such secrets without authority
3. That he reveals such secret without or justifiable reason.
authority or justifiable reasons; and
4. That damage, great or small, be caused to Revelation to one person is sufficient.
the public interest. If the offender is an attorney, he is properly
liable under Art. 209 (betrayal of trust by an
Secret must affect public interest. attorney).
Secrets of a private individual is not Damage to private individual
included. is not necessary.
Page 165 of 174
cooperation towards the administration of

justice or other public service; and
Chapter Six - OTHER OFFENSES OR 3. That the offender fails to do so
IRREGULARITIES BY PUBLIC OFFICERS maliciously.
This felony involves a request from one

public officer to another.
ARTICLE 231. OPEN DISOBEDIENCE. Damage to the public interest or third party
is essential. Demand is necessary.
ELEMENTS: Demand must be from competent authority
1. That the offender is a judicial or executive
officer;
2. That there is a judgment, decision or order of ARTICLE 234. REFUSAL TO DISCHARGE
superior authority; ELECTIVE OFFICE.
3. That such judgment, decision or order was
made within the scope of the jurisdiction of the ELEMENTS:
superior authority and issued with all the legal
1. That the offender is elected by popular
formalities; and
election to a public office;
4. That the offender without any legal justification
2. That he refuses to be sworn in or
openly refuses to execute the said judgment,
discharge the duties of said office;
decision or under which he is duty bound to
3. That there is no legal motive for such
obey.
refusal to be sworn in or to discharge the
duties of said office.
Judgment should have been rendered in a
hearing and issued within proper jurisdiction
If the elected person is disqualified, his
and with all required legal solemnities.
refusal to be sworn in or to discharge the
duties of the office is justified.
Refusal to discharge the duties of an
ARTICLE 232. DISOBEDIENCE TO ORDER OF appointive office is not covered by this
SUPERIOR OFFICER; WHEN SAID ORDER WAS article.
SUSPENDED BY INFERIOR OFFICER. TIFF (Uncompressed) decompressorQuickTime™ and a are
ELEMENTS: ARTICLE 235. MALTREATMENT OF

1. That the offender is a public officer; PRISONERS.
2. That an order is issued by his superior for
execution; ELEMENTS:
3. That he has for any reason suspended the 1. That the offender is a public officer or
execution of such order; employee;
4. That his superior disapproves the suspension 2. That he has charge of a prisoner or
of the execution of the order; and detention prisoner (otherwise the crime is
5. That the offender disobeys his superior physical injuries); and
despite the disapproval of the suspension. 3. That he maltreats such prisoner in either of
the following manners:
A public officer is not liable if the order of the a. by overdoing himself in the
superior is illegal. correction or handling of a
prisoner or detention prisoner
under his charge either –
ARTICLE 233. REFUSAL OF ASSISTANCE. i. by the imposition of
punishments not
ELEMENTS: authorized by the
1. That the offender is a public officer; regulations, or
2. That a competent authority demands ii. by inflicting such
from the offender that he lend his punishments (those
Page 166 of 174

authorized) in a cruel and The article contemplates officers who have been
humiliating manner, or suspended, separated, declared over-aged or
b. by maltreating such prisoner to dismissed
extort a confession or to obtain
some information from the
prisoner.
The public officer must have actual charge of the

prisoner in order to be held liable (not merely by
legal fiction)
1. Offended party: Convict by final judgment or
detention prisoner
To be considered a detention prisoner, the
person arrested must be placed in jail even
for just a short time.
Maltreatment not due to personal grudge.
2. Offender may also be held liable for physical

injuries or damage caused.
(Penalty provided in Article 235 is imposed in
addition to penalty for injury or damage caused)
ARTICLE 236. ANTICIPATION OF DUTIES OF A

PUBLIC OFFICE.
ELEMENTS:
1. That the offender is entitled to hold a public
office or employment, either by election or
appointment;
2. That the law requires that he should first be
sworn in and/or should first give a bond;
3. That he assumes the performance of the
duties and powers of such office; and
4. That he has not taken his oath of office
and/or given the bond required by law. QuickTime™ and a
TIFF (Uncompressed) decompressor are needed
to see this picture.
ARTICLE 237. PROLONGING PERFORMANCE OF

DUTIES AND POWERS.
ELEMENTS:
1. That the offender is holding a public office;
2. That the period provided by law, regulations or
special provisions for holding such office has
already expired; and
3. That he continues to exercise the duties and
powers of such office.
Page 167 of 174

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ATENEO CENTRAL BAR OPERATIONS 2007

upon the and

LIABILITY There is no crime

Par. 2 Impossible Crime

n mitigating and taken into GENERALLY

M than the independent of

Ex: slight physical F

Note: When the

time to think and on one

right” - the law

aggressio NOTE: The

or repel it Office are needed to

2. the injury 3. means

EXEMPTING to Art.11(4) EXCEPT as to

Par. 4 Accident third

man future injury is not

capturing the and himself becomes a

≤ 15years Absolute irresponsibility,

* as amended by RA 9344 TIFF (Uncompressed) decompressor show that

NOTE: In crimes against persons – if victim does

NOTE: It is not applicable to felonies by negligence

provocation need not offense to the offender him

since this means that the offender had time to

PASSION & OBFUSCATION IRRESISTIBLE

 Plea to the offense charged in the

WHEN SURRENDER VOLUNTARY Par. 10 Similar and Analogous Circumstances

mitigates penalty. needed to s ee this picture.

AGGRAVATING CIRCUMSTANCES – Those which,

BASIS: The greater perversity of the offender

KINDS OF AGGRAVATING CIRCUMSTANCES:

RULES ON AGGRAVATING CIRCUMSTANCES: 6. When there is more than one qualifying

QuickTime™ and a considered as

Requisites: one aggravating circumstance. TIFF (Uncompressed)

be the owner thereof. He must, however, be

defining the crime.

When nighttime, uninhabited place or bandare needed to

 Solitude must be sought to better attain the

Par. 7. That the crime be committed on the As to their number

Requisites:  If both offenses were committed on the same

GENERAL RULE: To prove recidivism, it is Requisites Of Reiteracion Or Habituality:

 When another aggravating circumstance already

Requisites: FRAUD (fraude) – insidious words or machinations

 Premeditation is absorbed by reward or promise.

 The test of disguise is whether the device or

 The use of an assumed name in the publication

Par. 15. That (1) advantage be taken of superior

Par. 15 contemplates two aggravating circumstances,

MEANING OF “advantage be taken”:

No Advantage Of Superior Strength In The

 TEST for abuse of superior strength: the

 When there are several offenders participating in

 Abuse of superior strength is inherent in the crime

“BY A “ABUSE OF TREACHERY – when the offender commits any of

the assault. (PEOPLE vs. MANALAD, GR 5. Aid of armed men

 Thus, even if the deceased was shot while he

of the victim were inflicted while he was still alive 3. Descendant,

mother’s/father’s affection, TIFF (Uncompressed)

13), there is NO provision for aggravating care and protection.

NOTE: But the relationship of uncle and niece is not

When Relationship Mitigating And When

2. In crimes against persons –

offended party is a relative of a lower intoxication is established by satisfactory

2. Aggravating – ART.16.WHO ARE CRIMINALLY LIABLE

There Are Two Parties In All Crimes:

Plea to the offense charged in the

Solitude must be sought to better attain the

Requisites: If both offenses were committed on the same

When another aggravating circumstance already

Premeditation is absorbed by reward or promise.

The test of disguise is whether the device or

The use of an assumed name in the publication

TEST for abuse of superior strength: the

When there are several offenders participating in

Abuse of superior strength is inherent in the crime

Thus, even if the deceased was shot while he

However, corporation and partnership

GENERALLY: Corpses and animals

This article applies only when the

Commitment of a minor is not a penalty

Limitations to President’s power to pardon: liability although it may

3. abduction If there is nothing concealed (appears in a

good conduct time allowance is given in

Civil liability is possible only when the