FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Elements of Treason
THE REVISED PENAL CODE
BOOK 2 1) That the offender is a Filipino citizen or a resident
alien (ONE WHO OWES ALLEGIANCE TO
CRIMINAL LAW THE GOVERNMENT)
 Allegiance – may be permanent (Filipino
citizen) or temporary (resident alien)
TITLE I 2) That there is war in which the Philippines is
Crimes Against National Security and The involved
Law of Nations  Treason is a war crime
Crimes against national security  It is not necessary that there be a formal
1) Treason declaration of the existence of a state of
2) Conspiracy and proposal to commit treason war. Actual hostilities may determine the
3) Misprision of treason date of the commencement of war.
4) Espionage 3) The offender either
a) Levies war against the government, or
Crimes against the law of nations a) Actual assembling of men
1) Inciting war and giving motives for reprisals  The actual enlistment of men to
2) Violation of neutrality serve against the government does
3) Correspondence with hostile country not amount to levying war.
4) Flight to enemy’s country b) For the purpose of executing a
5) Piracy in general and mutiny on the high seas treasonable design by force
or in Philippine waters  It must be with intent to overthrow
the government and not merely to
These crimes may be committed outside of the resist a particular statute or to repel
Philippines. (Art 2 (5)) a public officer. It is not necessary
that those attempting to overthrow
Article 114 the government by force of arms
Treason. — Any Filipino citizen who levies war should have the apparent power to
against the Philippines or adheres to her enemies, succeed in their design in whole or
giving them aid or comfort within the Philippines or in part.
elsewhere, shall be punished by reclusion perpetua to  The levying of war must be in
death and shall pay a fine not to exceed Four million collaboration with an external
pesos (P4,000,000.00). enemy and not merely a civil
No person shall be convicted of treason unless on uprising
the testimony of two (2) witnesses at least to the c) Adheres to the enemy, giving them aid
same overt act or on confession of the accused in
or comfort
open court.
Likewise, an alien, residing in the Philippines, who  Must concur together
commits acts of treason as defined in paragraph 1 of  Emotional or
this article shall be punished by reclusion temporal to intellectual attachment
death and shall pay a fine not to exceed Four million or sympathy to the
pesos (P4,000,000.00). (As amended by Sec. 2, enemy, without giving
Republic Act No. 10951, 31 August 29, 2017) the enemy aid or
comfort, is not
TO WHOM THE PROVISION APPLIES treason.
1) Filipino citizen – in the Philippines or elsewhere  Must be physical and not
2) Resident aliens merely a mental operation
WHEN THE PROVISION IS APPLICABLE  Must be rendered to render
When there is war in which the Philippines is
assistance to them as enemies
involved.
ACTS WHICH CONSTITUTE and not merely as individuals
1) Levying war against the government, or  The act committed need not
2) Adhering to the enemy, giving them aid or actually strengthen the
comfort enemy.
 It is not the degree of
Treason - a breach of allegiance to a government, success, but the aim for
committed by a person who owns allegiance to it. which the act was
perpetrated that
Reason for the law determines the
The law of treason is an emergency measure. It commission of
is punished by the State as a measure of self-defense treason.
and self-preservation.

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Examples
1) Giving information to, or
commandeering foodstuff for,
the enemy is evidence of both
adherence and aid or comfort.
2) Commandeering of women to
satisfy the lust of the enemy is
not treason.
3) Serving as informer and active
member of the Japanese Military
Police, arresting guerilla suspects
in an attempt to suppress the
underground movement.
4) Serving in the Japanese Army as
agent or spy and participating in
the raid of guerrilla hideout.
5) Acting as "finger woman" when
a barrio was "zonified" by the
Japanese, pointing out to the
Japanese several men whom she
accused as guerillas.
6) Taking active part in the mass
killing of civilians by the Japanese
soldiers by personally tying the
hands of the victims.
7) Being a Makapili constitutes an
overt act of psychological
comfort.
8) Acceptance of public office and
discharge of official duties under
the enemy do not constitute
per se the felony of treason.
9) Mere governmental work during
the Japanese regime is not an
act of treason.
10) When the arrest of persons
alleged to have been guerillas
was caused by the accused due to
their committing a common
crime, he is not liable for
treason.
There is no treason through negligence
The overt act of giving aid and comfort must be
intentional.
There is no complex crime of treason with murder,
physical injuries etc.
When killings and other common crimes are charged
as overt acts of treason, they cannot be regarded as:
1) Separate crimes
2) As complexed with treason
But this rule would not preclude the punishment of
murder or other common crimes as such, if the
prosecution should elect to prosecute the culprit
specifically for these crimes, instead of relying on
them as an element of treason.
Treason is a continuous offense
All overt acts the accused has done constitute but a
single offense. Proof of one count is sufficient for
conviction.
No person shall be convicted of treason unless on
the testimony of two (2) witnesses at least to the
same overt act or on confession of the accused in
open court.
Proof of treason
GIVING OF AID AND COMFORT
1) Testimony of at least two witnesses, to the
same overt act
 What is required to be proven by the 2-
witness rule is the giving of aid and
comfort
 It is not necessary to
prove adherence. What
is designed in the mind
of the accused is never
susceptible of proof by
direct testimony.
 Severely restrictive
 Each of the witnesses
must testify to the
whole over act, or if
separable, there must
be two witnesses to
each part of the overt
act.
 The defendant should
be acquitted if only one
of the two witnesses is
believed by the court.
 It is sufficient that the witnesses are
uniform in their testimony on the overt
act.
 The two-witness rule is
not affected with
discrepancies in
minor details
ADHERENCE TO THE ENEMY
May be proved:
1) By one witness
2) From the nature of the act itself
3) From the circumstances
surrounding the act
2) Confession of the accused in an open court
 Must be a confession of guilt and not
an admission of guilt after the plea of
not guilty
 Must be in an open court and not
extrajudicial
Aggravating Circumstances in Treason
1) Cruelty
2) Ignominy
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Example: Rapes, wanton robbery for personal
gain, brutality with which the killings and
physical injuries were carried out
 Evident premeditation – not an
aggravating circumstance
 Superior strength and treachery –
inherent circumstances
The amount or degree of aid and comfort given
and the gravity of the distinct acts determine the
period of penalty to be imposed
Article 64 which imposed the medium period when
there is no aggravating nor mitigating circumstances
does not apply.
Defenses against treason
1) Defense of suspended allegiance and change of
sovereignty is not accepted.
 Sovereignty is not transferred by mere
occupation. What is suspended is the
exercise of the rights of sovereignty.
2) Defense of obedience of a de facto
government is a good defense
 The following are examples of de facto
government
 Philippine Executive
Commission
 Republic established
by the Japanese
occupation army in the
Philippines
 In a de facto government,
(1) its existence is maintained by active
military power within the territories
and against the rightful authority of an
established and lawful government;
and
(2), that while it exist it must
necessarily be obeyed in civil matters
by private citizens who, by acts of
obedience rendered in submission to
such force, do not become responsible,
as wrongdoers, for those acts, though
not warranted by the laws of the
rightful government.
(Go Kim Cham v. Valdez)
3) Defense of loss of citizenship by joining the
army of the enemy is not a defense
 The accused cannot divest himself of
the Philippine citizenship by simple
expedient of accepting a commission in
the military, naval or air service of such
country.
4) Defense of duress or uncontrollable fear
 Must be a defense of fear of
immediate death and not an inferior
physical injury nor the apprehension of
any outrage upon property.
Article 115
Conspiracy and proposal to commit treason — Penalty. —
The conspiracy and proposal to commit the crime of
treason shall be punished respectively, by prision
mayor and a fine not exceeding Two million pesos
(P2,000,000.00), and by prision correccional and a fine
not exceeding One million pesos (P1,000,000.00).
Definitions
Conspiracy to commit treason - is committed when
in time of war, two or more persons come to an
agreement to levy war against the Government or to
adhere to the enemies and to give them aid or comfort,
and decide to commit it. (Arts. 8 and 114)
Proposal to commit treason - is committed when in
time of war a person who has decided to levy war
against the Government or to adhere to the enemies
and to give them aid or comfort, proposes its execution
to some other person or persons. (Arts. 8 and 114)
GR: Conspiracy and proposal to commit a felony is not
punishable. (Art 8)
XPN: Cases in which the law specially provides a
penalty therefor. (Art 8)
Under Art 115, the mere conspiracy and proposal to
commit treason are both felonies and punishable.
The two-witness rule does not apply
This is a distinct offense from that of treason.
Article 116
Misprision of treason. — Every person owing allegiance
to (the United States or) the Government of the
Philippine Islands, without being a foreigner, and
having knowledge of any conspiracy against them,
who conceals or does not disclose and make known
the same, as soon as possible, to the governor or
fiscal of the province, or the mayor or fiscal of the
city in which he resides, as the case may be, shall be
punished as an accessory to the crime of treason.
Elements of Misprision of Treason
1) That the offender must be
a) Owing allegiance to the Government
b) Not a foreigner
2) That he has knowledge of any conspiracy to
commit the treason against the Government
 Does not apply when the crime of
treason is already committed
3) That he conceals or does not disclose and make
known the same as soon as possible to the
a) governor or fiscal of the province or
b) mayor
The accused is a principal but punished as an
accessory.
The offender in Art 116 is a principal in
misprision of treason. It is a separate and distinct crime
from the crime of treason.
Since offender is a principal, Art 20 does not
apply since it only applies to accessories. Take note that
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
the offender in misprision of treason is only punished as
an accessory but is not regarded as an accessory.
Art 116 does not provide for a penalty for
treason. Hence the penalty for misprision of treason is
two degrees lower than that provided for treason.
Article 117
Espionage. — The penalty of prision correccional shall be
inflicted upon any person who:
1) Without authority therefor, enters a warship,
fort, or naval or military establishment or
reservation to obtain any information, plans,
photographs, or other data of a confidential
nature relative to the defense of the
Philippine Archipelago; or
2) Being in possession, by reason of the public
office he holds, of the articles, data, or
information referred to in the preceding
paragraph, discloses their contents to a
representative of a foreign nation.
The penalty next higher in degree shall be imposed if the
offender be a public officer or employee.
Definition of Espionage
Espionage is the offense of gathering,
transmitting, or losing information respecting the
national defense with intent or reason to believe that
the information is to be used to the injury of the
Republic of the Philippines or to the advantage of any
foreign nation.
2 Ways of Committing Espionage under Art 117
1) By entering, without authority therefor, a
warship, fort, naval or military establishment or
reservation to obtain any information, plans,
photographs or other data of a confidential
nature relative to the defense of the
Philippines.
2) By disclosing to the representative of a foreign
nation the contents of the articles, data, or
information referred to in par 1 of Article 117,
which he had in possession by reason of the
public office he holds.
Elements of Espionage
Par 1
1) That the offender enters a warship, fort, naval,
military establishment and reservation.
2) That he has no authority therefor
3) That his purpose is to obtain information,
plans, photographs or other data of
confidential nature relative to the defense of
the Philippines.
 There must be intention to obtain
information. If there is no intention,
even if he takes possession of plans or
photographs, he is not liable under Art
117.
 It is not necessary that information is
actually obtained. It is enough that he
has the purpose to obtain any of them
when he entered the warship, fort,
naval or military establishment or
reservation.
 Being a public officer or employee is a
qualifying circumstance
Par 2
1) That the officer is a public officer
2) That he has in his possession the articles, data,
or information referred to in paragraph 1 in Art
117, by reason of public office he holds
3) That he discloses their contents to a
representative of a foreign nation
COMMONWEALTH ACT NO. 616
An Act to Punish Espionage and Other
Offenses Against National Security
SEC. 1. Unlawfully obtaining or permitting to be
obtained information affecting national defense.
Different ways of violating Section 1:
a. By going upon, entering, flying over or otherwise by
obtaining information concerning any vessel, aircraft,
work of defense or other place connected with the
national defense, or any other place where any vessels,
aircraft, arms, munitions or other materials for the use
in time of war are being made, or stored, for the
purpose of obtaining information respecting national
defense, with intent to use it to the injury of the
Philippines or to the advantage of any foreign nation.
b. By copying, taking, making or attempting or
inducing or aiding another to copy, take, make or
obtain any sketch, photograph, photographic negative,
blue print, plan, map instrument, appliance, document,
writing or note of anything connected with the national
defense, for the same purpose and with like intent as in
paragraph a.
c. By receiving or obtaining or agreeing or attempting
or inducing or aiding another to receive or obtain from
any sources any of those data mentioned in paragraph
b, code book or signal book, knowing that it will be
obtained or disposed of by any person contrary to the
provisions of this Act.
d. By communicating or transmitting, or attempting to
communicate or transmit to any person not entitled to
receive it, by willfully retaining and failing to deliver it
on demand to any officer or employee entitled to
receive it, the offender being in possession of, having
access to, control over, or being entrusted with any of
the data mentioned in paragraph b, or code book or
signal book.
e. By permitting, through gross negligence, to be
removed from its proper place or custody or delivered
to anyone in violation of his trust, or to be lost, stolen,
abstracted or destroyed any of the data mentioned in
paragraph b, code book or signal book, the offender
being entrusted with or having lawful possession or
control of the same.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
SEC. 2. Unlawful disclosing of information affecting
national defense.
Different ways of violating Section 2:
a. By communicating, delivering or transmitting
or attempting or aiding or inducing another to
do it, to any foreign government or any faction
or party or military or naval force within a
foreign country, whether recognized or
unrecognized by the Philippines, or to any
representative, officer, employee, subject or
citizen thereof, any of the data mentioned in
paragraph b of Section 1 hereof, code book or
signal book.
If committed in time of war, the penalty is death or
imprisonment for not more than 30 years.
b. In time of war, by collecting, recording,
publishing or communicating or attempting to
elicit any information with respect to the
movement, number, description, condition, or
disposition of any of the armed forces, ships,
aircraft, or war materials of the Philippines, or
with respect to the plans or conduct of any
military, naval or air operations or with respect
to any works or measures undertaken for the
fortification or defense of any place, or any
other information relating to the public
defense, which might be useful to the enemy.
The penalty is death or imprisonment for not more
than 30 years.
SEC. 3. Disloyal acts or words in time of peace.
Different ways of violating Section 3:
a. By advising, counselling, urging or in any other
manner by causing insubordination, disloyalty, mutiny
or refusal of duty of any member of the military, naval
or air forces of the Philippines.
b. By distributing any written or printed matter which
advises, counsels, or urges such insubordination,
disloyalty, mutiny, or refusal of duty.
SEC. 4. Disloyal acts or words in time of war.
Different ways of violating Section 4:
a. By willfully making or conveying false reports or
false statements with intent to interfere with the
operation or success of the Armed Forces of the
Philippines; or
b. To promote the success of its enemies, by willfully
causing or attempting to cause insubordination,
disloyalty, mutiny or refusal of duty in the Armed
Forces of the Philippines; or
c. By willfully obstructing the recruiting or enlistment
service.
SEC. 5. Conspiracy to violate preceding sections.
Requisites:
a. Two or more persons conspire to violate the
provisions of sections one, two, three or four of this
Act;
b. One or more of such persons do any act to effect
the object of the conspiracy.
Each of the parties to such conspiracy shall be
punished as in said sections provided in the case of the
doing of the act the accomplishment of which is the
object of such conspiracy.
SEC. 6. Harboring or concealing violators of the law.
Requisites:
a. The offender knows that a person has committed or
is about to commit an offense under this Act;
b. The offender harbors or conceals such person, x x
x.
Other acts punished by Commonwealth Act No. 616.
1. Using or permitting or procuring the use of an
aircraft for the purpose of making photograph, sketch,
etc. of vital installations or equipment of the Armed
Forces of the Philippines. (Sec. 9)
2. Reproducing, publishing, selling, etc. uncensored
copies of photograph, sketch, etc. of the vital military,
naval or air post, camp or station, without permission
of the commanding officer. (Sec. 10)
3. Injuring or destroying or attempting to injure or
destroy war materials, premises or war utilities when
the Philippines is at war. (Sec. 11)
4. Making or causing war materials to be made in a
defective manner when the Philippines is at war. (Sec. 12)
5. Injuring or destroying national defense material,
premises or utilities. (Sec. 13)
6. Making or causing to be made in a defective manner,
or attempting to make or cause to be made in a
defective manner, national defense material. (Sec. 14)
Comparison between Art 117 and CA 616
Art 117 CA 616
Both can be committed in times of war and peace
Par 1 – qualified if the Can be committed by
offender is a public any person
officer
Par 2 – offender must be
a public officer
Supplants the gaps of
Art 117
Punishes acts in the Punishes acts in the
consummated stage attempted stage and
consummated stage
Section 2 – Provoking war and disloyalty in case of
war
Crimes classified as provoking war and disloyalty
in case of war
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
1) Inciting to war or giving motives for reprisals;
2) Violation of neutrality;
3) Correspondence with hostile country;
4) Flight to enemy’s country
Article 118
Inciting to war or giving motives for reprisals. — The
penalty of reclusion temporal shall be imposed upon
any public officer or employee, and that of prision
mayor upon any private individual, who, by unlawful
or unauthorized acts, provokes or gives occasion for
a war involving or liable to involve the Philippine
Islands or exposes Filipino citizens to reprisals on
their persons or property.
Elements
1) That the offender performs unlawful or
unauthorized acts.
2) That such acts provoke or give occasion for a
war involving or liable to involve the
Philippines or expose Filipino citizens to
reprisals on their persons or property.
 The intention of the offender is
immaterial. The law only considers the
effects of the acts done by the
offender. Such acts might disturb the
friendly relation that we have with a
foreign country, and they are
penalized even if the constitute mere
imprudence.
Examples:
1) The raising, without sufficient authorization, of
troops within the Philippines for the service of
a foreign nation against another nation.
2) The public destruction of the flag or seal of a
foreign state or the public manifestations of
hostility to the head or ambassador of another
state.
Article 119
Violation of neutrality. — The penalty of prision
correccional shall be inflicted upon anyone who, on the
occasion of a war in which the Government is not
involved, violates any regulation issued by
competent authority for the purpose of enforcing
neutrality.
Elements
1) That there is a war in which the Philippines is
not involved;
2) That there is a regulation issued by competent
authority for the purpose of enforcing
neutrality;
3) That the offender violates such regulation.
Neutrality, defined.
A nation or power which takes no part in a contest of
arms going on between others is referred to as neutral.
(Burril, L.D.)
There must be regulation issued by competent
authority for the enforcement of neutrality.
It is the violation of such regulation which constitutes
the crime.
Article 120
Correspondence with hostile country. — Any person, who
in time of war, shall have correspondence with an
enemy country or territory occupied by enemy
troops shall be punished:
1) By prision correccional, if the correspondence
has been prohibited by the Government;
2) By prision mayor, if the correspondence be
carried on in ciphers or conventional signs;
and
3) By reclusion temporal, if notice or information
be given thereby which might be useful to
the enemy. If the offender intended to aid
the enemy by giving such notice or
information, he shall suffer the penalty of
reclusion temporal to death.
Elements
1) That it is in time of war in which the
Philippines is involved;
2) That the offender makes correspondence with
an enemy country or territory occupied by
enemy troops;
3) That the correspondence is either —or
a) prohibited by the Government
 Even if correspondence contains
innocent matters, if the
correspondence has been prohibited
by the Government, it is punishable.
The reason is the possibility that some
information useful to the enemy might
be revealed unwittingly or
unintentionally.
b) carried on in ciphers or conventional signs,
or
 using codes
 prohibition by the Government is not
essential since it is not expressly stated
c) containing notice or information which
might be useful to the enemy.
 prohibition by the Government is not
essential since it is not expressly stated
Definition
Correspondence is communication by means of
letters; or it may refer to the letters which pass between
those who have friendly or business relations.
Circumstances qualifying the offense.
The following must concur together:
1) That the notice or information might be useful to
the enemy.
 Communication is given unwittingly
2) That the offender intended to aid the enemy.
 Communication is purposefully given
Note: If the offender intended to aid the enemy by giving
such notice or information, the crime amounts to
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
treason; hence, the penalty is the same as that for
treason (resident alien penalty – reclusion temporal to death).
Article 121
Flight to enemy's country. — The penalty of arresto mayor
shall be inflicted upon any person who, owing
allegiance to the Government, attempts to flee or go
to an enemy country when prohibited by competent
authority.
Elements
1) That there is a war in which the Philippines is
involved;
2) That the offender must be owing allegiance to
the Government;
 An alien resident of the country can be
held liable under this article. The
allegiance contemplated in this article
is either natural or temporary
allegiance.
3) That the offender attempts to flee or go to
enemy country;
 Mere attempt to flee or go to enemy
country when prohibited by
competent authority consummates the
felony.
4) That going to enemy country is prohibited by
competent authority.
 If fleeing or going to an enemy
country is not prohibited by
competent authority, the crime
defined in Art 121 cannot be
committed.
Section 3 – Piracy and mutiny on the high seas or
in Philippine waters
Article 122
Piracy in general and mutiny on the high seas or in Philippine
waters. — The penalty of reclusion perpetua shall be
inflicted upon any person who, on the high seas or
in Philippine waters, shall attack or seize any vessel
or, not being a member of its complement nor a
passenger, shall seize the whole or part of the cargo
of said vessel, its equipment, or personal belongings
of its complement or passengers.
The same penalty shall be inflicted in case of mutiny
on the high seas or in Philippine waters. (As
amended by Sec. 3, Rep. Act No. 7659)
Two ways or modes of committing piracy
1) By attacking or seizing a vessel on the high seas or
in Philippine waters;
2) By seizing in the vessel while on the high seas or in
Philippine waters the whole or part of its cargo, its
equipment or personal belongings of its complement
or passengers.
Elements
1st mode
1) That a vessel is on the high seas or in Philippine
waters
2) That the offender is any person
3) That the offender shall attack or seize that
vessel
2nd mode
1) That a vessel is on the high seas or in Philippine
waters;
2) That the offender is not a member of its
complement or passenger of the vessel;
3) That the offender seizes the whole or part of
the cargo of said vessel, its equipment or
personal belongings of its complement or
passenger
High seas.
The Convention on the Law of the Sea defines
"high seas" as parts of the seas that are not included in
the exclusive economic zone, in the territorial seas, or
in the internal waters of a state, or in the archipelagic
waters of an archipelagic state.
Definition
Piracy is robbery or forcible depredation on the
high seas, without lawful authority and done with animo
furandi (with intent to steal) and in the spirit and
intention of universal hostility.
Mutiny is the unlawful resistance to a superior
officer, or the raising of commotions and disturbances
on board a ship against the authority of its commander.
Mutiny is usually committed by the other
members of the complement and may be committed
by the passengers of the vessel.
Seizure of a vessel.
While it may be true that complainants were
compelled to go elsewhere other than their place of
destination, such compulsion was obviously part of the
act of seizing their boat (People v. Catantan)
Comparison between piracy and mutiny
PIRACY MUTINY
Persons who attack a The persons are
vessel or seize its cargo members of the crew or
are strangers to the passenger
vessel
Intent to gain is May only intend to
essential/ animo furandi ignore the ship’s officers
or they may be
prompted by a desire to
commit plunder
Article 123
Qualified piracy. — The penalty of reclusion perpetua to
death shall be imposed upon those who commit any
of the crimes referred to in the preceding article,
under any of the following circumstances:
1) Whenever they have seized a vessel by boarding
or firing upon the same;
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

2) Whenever the pirates have abandoned their temporal in its maximum and
victims without means of saving themselves; or minimum periods)
3) Whenever the crime is accompanied by murder,  Exceptions on territoriality applies
homicide, physical injuries, or rape. (As amended by  Qualifying circumstances:
RA. No. 7659)
 If physical injuries or other
crimes are committed as a
Qualifying Circumstances for Piracy
result or on the occasion
1) Whenever they have seized a vessel by boarding or
thereof, the penalty of reclusion
firing upon the same;
perpetua shall be imposed.
2) Whenever the pirates have abandoned their victims  If rape, murder, or
without means of saving themselves; or homicide is committed as a
result or on the occasion of
3) Whenever the crime is accompanied by murder,
piracy or when the offender
homicide, physical injuries, or rape.
abandoned the victims
Circumstances 1, 2, and 3 are applicable to without means of saving
piracy while only 3 is applicable to mutiny. themselves, or when the
seizure is accomplished by
Piracy is a crime not against any particular state firing upon or boarding a
but against all mankind. It may be punished in the vessel, the mandatory
competent tribunal of any country where the offender penalty of death shall be
may be found or into which he may be carried. Nor imposed.
does it matter that the crime was committed within the Note: Republic Act 9346
jurisdictional 3-mile limit of a foreign state. (People v. prohibited the imposition of
Lol-lo) the death penalty.
Disposition of the vessel and the cargo need Thus, instead of the
not be committed in the Philippine waters. mandatory penalty of death
under PD 532, reclusion perpetua
Qualified piracy is a complex crime punishable without eligibility for parole
by reclusion perpetua to death, regardless of the number shall be imposed.
of victims.
Republic Act 7659
Any person who aids or protects pirates or
abets the commission of piracy shall be considered as  The coverage of Art 122 was widened to
an accomplice and shall be punished in accordance include offenses committed in the Philippine
with the Rules prescribed by the RPC. It shall be waters.
presumed that any person who does any of these acts  Neither superseded nor amended the
has performed them knowingly, unless the contrary is provisions on piracy under Presidential Decree
proven. No. 532. There is no contradiction between the
two laws.
Presidential Decree 532
Comparison between Piracy under RPC and PD
Reason of the law: Widen the coverage of the law, 532
in keeping with the intent to protect the citizenry Piracy under RPC PD 532
as well as neighboring states from crimes against Vessel is in the Vessel is in the
the law of nations. Philippine waters or high Philippine waters
 Added Philippine waters to the scope seas
of Art 122 Offender is any person Offender is any person
who shall attack or seize
 Covers any person
the vessel or takes away
 Any attack upon or seizure of any in whole or in part the
vessel, or the taking away of the whole cargo, equipment or
or part thereof or its cargo, personal belongings of
equipment, or the personal belongings its complement or
of its complement or passengers, passengers
irrespective of the value thereof, by Simple piracy: Reclusion Simple piracy: Reclusion
means of violence against or perpetua temporal
intimidation of persons or force upon
things, committed by any person, Qualified: Reclusion Qualified: Reclusion
including a passenger or member of perpetua to death perpetua to death* (without
the complement of said vessel, in eligibility of parole*)
Philippine waters, shall be considered
as piracy. (Penalty: Reclusion Republic Act 6235

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Acts inimical to civil aviation is punished by
Republic Act No 6235.
EXCERPTS FROM REPUBLIC ACT NO. 6235
 Punishes hijacking
An Act Prohibiting Certain Acts Inimical to Civil
Aviation
SECTION 1. It shall be unlawful for any person to
compel a change in the course or destination of an
aircraft of Philippine registry, or to seize or usurp the
control thereof, while it is in flight. An aircraft is in
flight from the moment all its external doors are
closed following embarkation until any of such
doors is opened for disembarkation.
It shall likewise be unlawful for any person to compel
an aircraft of foreign registry to land in Philippine
territory or to seize or usurp the control thereof
while it is within the said territory.
SEC. 2. Any person violating any provision of the
foregoing section shall be punished by an
imprisonment of not less than twelve years but not
more than twenty years, or by a fine of not less than
twenty thousand pesos but not more than forty
thousand pesos.
The penalty of imprisonment of fifteen years to
death, or a fine not less than twenty-five thousand
pesos but not more than fifty thousand pesos shall be
imposed upon any person committing such violation
under any of the following circumstances:
1) Whenever he has fired upon the pilot,
member of the crew or passenger of the
aircraft;
2) Whenever he has exploded or attempted to
explode any bomb or explosive to destroy
the aircraft; or
3) Whenever the crime is accompanied by
murder, homicide, serious physical injuries
or rape.
SEC. 3. It shall be unlawful for any person, natural or
juridical, to ship, load or carry in any passenger aircraft
operating as a public utility within the Philippines, any
explosive, flammable, corrosive or poisonous
substance or material.
 Cannot transport explosives via commercial
passenger flights (XPN: Cargo aircraft, subject
to regulations issued by the Civil Aeronautics
Administration.) Rationale: to prevent
accidents
SEC. 4. The shipping, loading or carrying of any
substance or material mentioned in the preceding
section in any cargo aircraft operating as a public utility
within the Philippines shall be in accordance with
regulations issued by the Civil Aeronautics
Administration.
SEC. 5. (Meaning of "explosive,"
"flammable," "corrosive" and "poisonous")
SEC. 6. Any violation of Section three hereof shall be
punishable by an imprisonment of at least five years
but not more than ten years or by a fine of not less than
ten thousand pesos but not more than twenty thousand
pesos: Provided, That if the violation is committed by
a juridical person, the penalty shall be imposed upon
the manager, representative, director, agent or
employee who violated, or caused, directed,
cooperated or participated in the violation thereof:
Provided, further, That in case the violation is
committed in the interest of a foreign corporation
legally doing business in the Philippines, the penalty
shall be imposed upon its resident agent, manager,
representative or director responsible for such
violation and in addition thereto, the license of said
corporation to do business in the Philippines shall be
revoked.
Any violation of Section four hereof shall be an offense
punishable with the minimum of the penalty provided
in the next preceding paragraph.
SEC. 7. For any death or injury to persons or damage
to property resulting from a violation of Sections three
and four hereof, the person responsible therefor may
be held liable in accordance with the applicable
provisions of the Revised Penal Code.
XXX.
(Approved on June 19, 1971)
The act of the accused in People vs. Ang Cho
Kio, 95 Phil. 475, who compelled the pilot to change
the course of the airplane from Laoag to Amoy instead
of directing it to Aparri and, in not complying with
such illegal requirement, the accused discharged
various revolver shots, killing him, could have been
punished under Section 2 of Republic Act No. 6235,
had this law been already in effect.
Acts punishable under RA 6235
1) To compel a change in course or destination of
an aircraft of Philippine registry
2) To seize or usurp the control of an aircraft of
Philippine registry, while it is in flight
3) To compel an aircraft of foreign registry to land
in Philippine territory
4) To seize or usurp the control of an aircraft of
foreign registry while it is in Philippine territory
5) To ship, load or carry in any passenger aircraft
operating as a public utility within the
Philippines, any explosives, flammable,
corrosive or poisonous substance or material
Acts for which higher penalties are imposed.
1) When the person has fired upon the pilot,
member of the crew or passenger
The Revised Penal Code | VENTEROSO | 9
 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

2) When the person exploded or attempted to

explode any bomb or explosive to destroy the
aircraft
3) When the crime is accompanied by murder,
homicide, serious physical injuries or rape

The Revised Penal Code | VENTEROSO | 10

 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
TITLE II
Crimes Against Fundamental Laws of the
State
CHAPTER ONE ARBITRARY
DETENTION OR EXPULSION,
VIOLATION OF DWELLING.
PROHIBITION, INTERRUPTION AND
DISSOLUTION OF PEACEFUL
MEETINGS AND CRIMES AGAINST
REGILIGIOUS WORSHIP
They are called crimes against the fundamental
laws of the State because they violate certain
provisions of the Bill of Rights (Constitutional
rights)
What are the crimes against the fundamental laws of
the State and the rights they violate?
1. Arbitrary detention (Art 124), delay in the
delivery of detained persons to the proper
judicial authorities (Art 125), delaying release
(Art 126) – RIGHT TO LIBERTY AND
DUE PROCESS (Sec 1)
2. Expulsion (Art 127) – RIGHT TO
LIBERTY OF ABODE AND OF
CHANGING THE SAME (Sec 6)
3. Violation of domicile (Art 128), search
warrants maliciously obtained and abuse in the
service of those legally obtained (Art 129),
searching domicile without witnesses (Art 130)
– RIGHT AGAINST UNREASONABLE
SEARCHES AND SEIZURES (Sec 2)
4. Prohibition, interruption and dissolution of
peaceful meetings (Art 131) – RIGHT TO
FREEDOM OF SPEECH, EXPRESSION
AND RIGHT TO PEACABLE
MEETINGS AND ASSEMBLY (Sec 4)
5. Interruption of religious worship (Art 132),
offending the religious feelings (Art 133) –
RIGHT TO FREE EXERCISE AND
ENJOYMENT OF RELIGIOUS
PROFESSION AND WORSHIP (Sec 5)
Section 1 – Arbitrary detention and expulsion
Classes of arbitrary detention:
(1) Arbitrary detention by detaining a person
without legal ground. (Art. 124)
(2) Delay in the delivery of detained persons to the
proper judicial authorities. (Art. 125)
(3) Delaying release. (Art. 126)
 Penalties for the three classes are provided in
Art 124
 Art 125 and 126 do not provide penalties for
their violation but they make reference to Art
124.
Article 124
Arbitrary detention. — Any public officer or employee
who, without legal grounds, detains a person, shall
suffer;
1) The penalty of arresto mayor in its maximum
period to prision correccional in its minimum
period, if the detention has not exceeded
three days;
2) The penalty of prision correccional in its
medium and maximum periods, if the
detention has continued more than three but
not more than fifteen days;
3) The penalty of prision mayor, if the detention
has continued for more than fifteen days but
not more than six months; and
4) That of reclusion temporal, if the detention shall
have exceeded six months.
The commission of a crime, or violent insanity or
any other ailment requiring the compulsory
confinement of the patient in a hospital, shall be
considered legal grounds for the detention of any
person.
Elements of Arbitrary Detention
1) That the offender is a public officer or
employee
 Policemen, other agents of the law
such as the judges and mayors
 If acting in their private capacity, the
crime is illegal detention (Art 267,
268)
 Private individuals who conspired
with public officers in detaining
certain policemen are guilty of arbitrary
detention.
2) That he detains a person
 Detention – actual confinement of a
person in an enclosure, or in any
manner detaining or depriving him of
his liberty.
 There is arbitrary detention when the
detainee is under surveillance and they
could not escape for fear of being
apprehended.
 Restraint resulting from fear is also a
form of arbitrary detention.
3) That the detention is without legal grounds
 The detention is without legal grounds
when:
1) He has not committed a
crime or at least, there is no
reasonable ground for
suspicion that he has
committed a crime.
2) He is not suffering from
violent insanity or any
other ailment or any other
ailment requiring
compulsory confinement
in a hospital.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

 Examples of situations without legal Crime Attempted Frustrated Consummated

grounds
Theft ☺ ☺
 Merely quarrelling is not a Robbery ☺ ☺ ☺
crime. Estafa ☺ ☺ ☺
 Mere suspicion in the Slander ☺ ☺
connection of a person with False ☺
any murderous plot is no testimony
Sale of ☺
ground recognized by law for prohibited
restraining the freedom of any drugs
Flight to ☺
individual. enemy’s
 Warrantless arrest and country
Corruption of ☺
subsequent detention for minors
overtaking another vehicle. Treason ☺
 There is no reasonable ground Rebellion ☺
if the reason for the arrest or Insurrection ☺
detention is that the officer Coup d’ etat ☺
wants to know the commission Sedition ☺
of the crime. Betting and ☺
gambling
Corruption of ☺ ☺
Arrest without warrant is the usual cause of public officers
arbitrary detention Rape ☺ ☺
Physical ☺
In order to justify an arrest, a peace officer injuries
must have a warrant of arrest properly issued by the Homicide ☺ ☺ ☺
court. A peace officer or private person may, without Acts of ☺
lasciviousness
a warrant, arrest a person:
There is no arbitrary detention when there is a 2) Such overt act is done in the presence or within
valid arrest. the view of the arresting officer.
 “In his presence” – when the officer
(Sec. 5, Rule 113, Revised Rules of Criminal sees the offense being committed,
Procedure) although at a distance, or hears the
(a) When, in his presence, the person to be disturbance created thereby and
arrested has committed, is actually committing, or is proceeds at once to the scene thereof,
attempting to commit an offense; (IN FLAGRANTE or when the offense is continuing or
DELICTO) has not been consummated at the time
the arrest is made
(b) When an offense has in fact just been  Peace officers are authorized to make
committed, and he has probable cause to believe based arrests of an offender without warrants
on personal knowledge of facts and circumstances that for breaches of the peace committed in
the person to be arrested has committed it; and (HOT their presence, and may enter the house
PURSUIT) of an offender for such purpose,
(c) When the person to be arrested is a prisoner provided the unlawful conduct is such
who has escaped from a penal establishment or place as to affect the public peace.
where he is serving final judgment or temporarily Plain view doctrine
confined while his case is pending, or has escaped while
being transferred from one confinement to another. Objects in the plain view of an officer who has
(ESCAPING PRISONERS) the right to be in the position to have that view are
subject to seizure and may be presented as evidence.
SECTION 5A - In flagrante delicto
It is usually applied where a police officer is not
Requisites searching for evidence against the accused, but
1) The person to be arrested must execute an nonetheless inadvertently comes across an
overt act indicating that he has just committed, incriminating object.
is actually committing, or is attempting to The following elements must be present before
commit a crime; the doctrine may be applied:
♥AUTHOR’S NOTE: This includes crimes in
the attempted, frustrated and consummated 1) A prior valid intrusion based on a valid
stage. warrantless arrest in which the police are legally
present in the pursuit of their official duties
REVIEW:

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
2) The evidence was inadvertently discovered
by the police who have the right to be where
they are;
3) The evidence must be immediately apparent
4) Plain view justified mere seizure of evidence
without further search
SECTION 5B - Hot pursuit doctrine
Requisites
1) The crime should have just been committed;
and
 That a crime has actually been
committed is an essential
precondition.
 Prevention of a crime is just as
commendatory as the capture of
criminals. The officer must not be
forced to await the commission of
robbery or other felony. The rule is
supported by the necessities of life.
(US v. Santos)
 There must be a large measure of
immediacy between the time the
offense was committed and the time of
the arrest. If there was an appreciable
time between the arrest and the
commission of the crime, a warrant of
arrest must be secured.
2) The arresting officer’s exercise of discretion is
limited by the standard of probable cause to
be determined from the facts and
circumstances within his personal knowledge.
Probable cause
 The requirement of the existence of
probable cause objectifies the
reasonableness of the warrantless
arrest for the purpose of compliance
with the Constitutional mandate
against unreasonable arrests.
 The arresting officer’s determination of
probable cause is based on his
personal knowledge of facts or
circumstances that the person sought
to be arrested has committed the crime.
 Personal knowledge of facts
must be based on the probable
cause, which means actual
belief or reasonable grounds of
suspicion.
 Reasonable grounds of
suspicion = actual facts + good
faith
 Example: There is personal
knowledge when the police
officers had earlier conducted
surveillance activities of the
accused.
 It is not required that the arresting
officers personally
 witness the commission of the offense.
(♥AUTHOR’S NOTE: As opposed to
5a, wherein the crime must be in the
presence of the officer).
 The obligation to arrest by reason of a
crime does not presuppose the
indubitable existence of a crime as a
requisite for the fulfillment thereof.
The legality of the detention does not
depend the juridical fact of a crime. It
is sufficient that the agent or person
making the arrest has reasonably
sufficient grounds to believe the
existence of an act having the
characteristics of a crime.
SECTION 5C – Escaping prisoners
 It was held that being a prisoner who escaped,
he can be arrested without a warrant of arrest
not only by the authorities but also by any
private person. (Salonga v. Holland)
 The right of arrest without warrant is founded
on the principle that at the time of the arrest,
the escapee is in the continuous act of
committing the crime – evading the service of
a sentence. (Paraluman v. Director of
Prisons)
Periods of detention penalized
Period Penalties
< 3 days Arresto mayor in its
maximum period to
prision correccional in its
minimum period
3-15 days prision correccional in its
medium and maximum
periods
15 days – 6 months prision mayor
Exceeding 6 months reclusion temporal
No minimum period of detention.
 In the case of U.S. vs. Braganza,
a councilor and a barrio
lieutenant were convicted of
arbitrary detention, even if the
offended party was detained
for less than half an hour;
 In the case of U.S. vs. Agravante,
the detention was only for one
hour
There can be arbitrary detention through reckless
imprudence.
Article 125
Delay in the delivery of detained persons to the proper judicial
authorities. — The penalties provided in the next preceding
article shall be imposed upon the public officer or
employee who shall detain any person for some legal
ground and shall fail to deliver such person to the
proper judicial authorities within the period of;
twelve (12) hours, for crimes or offenses punishable
The Revised Penal Code | VENTEROSO | 13
 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

by light penalties, or their equivalent; eighteen (18)  Article 125 does not apply when the
hours, for crimes or offenses punishable by arrest is by virtue of a warrant of arrest.
correctional penalties, or their equivalent and thirty-  Article 125 applies only when the arrest
six (36) hours, for crimes, or offenses punishable by is made without a warrant of arrest but
afflictive or capital penalties, or their equivalent. the arrest must be lawful.
 If the arrest is made with a warrant of
REVIEW: (Art 25) arrest, the person arrested can be
Scale detained indefinitely until his case is
Principal Penalties
decided by the court or he posts a bail
Capital punishment:
for his temporary release.
Death.
3) That he fails to deliver such person to the
Afflictive penalties: proper judicial authorities within:
Reclusion perpetua, a. twelve (12) hours, for crimes or offenses
Reclusion temporal, punishable by light penalties, or their
Perpetual or temporary absolute disqualification, equivalent; or
Perpetual or temporary special disqualification, b. eighteen (18) hours, for crimes or offenses
Prision mayor. punishable by correctional penalties, or their
equivalent; or
Correctional penalties: c. thirty-six (36) hours, for crimes or offenses
Prision correccional, punishable by afflictive or capital penalties, or
Arresto mayor, their equivalent.
Suspension,  The periods of time in Art 125 were
Destierro. applied to the arrests made by
private persons.
Light penalties:  Before EO 272, the detention of
Arresto menor, person legally without a warrant of
Public censure. arrest becomes illegal upon the
expiration of:
Penalties common to the three preceding a. six (6) hours, for crimes or
classes: offenses punishable by light penalties,
Fine, and or their equivalent; or
Bond to keep the peace. b. nine (9) hours, for crimes or
offenses punishable by correctional
Accessory Penalties penalties, or their equivalent; or
Perpetual or temporary absolute disqualification, c. eighteen (18) hours, for crimes
Perpetual or temporary special disqualification, or offenses punishable by afflictive or
Suspension from public office, the right to vote and capital penalties, or their equivalent.
be voted for, the profession or calling.  Delivery to the judicial authority does
Civil interdiction, not consist in physical delivery, but
Indemnification, in making an accusation or charge
Forfeiture or confiscation of instruments and or filing of an information against
proceeds of the offense, the person arrested with the
Payment of costs. corresponding court or judge.
 Judicial authorities mean the courts
Reason for the law of justice or judges of said courts
Article 125 of the RPC is intended to prevent any abuse vested with judicial power to order the
resulting from confining a person without informing temporary detention or confinement of
him of his offense and without permitting him to go a person charged with having
committed a public offense, that is the
on bail.
SC and such inferior courts as may be
established by law. (XPN: Excludes
Elements fiscal of a city, since they cannot issue
1) That the offender is a public officer or a warrant of arrest or of commitment
employee for temporary confinement)
 If a private person, the crime is illegal  The duty of the detaining officer is
detention (Art 267, 268) deemed complied with upon the filing
2) That he has detained a person for some legal of the complaint with the judicial
ground. authority.
 The detention is legal in the beginning  Where a judge is not available, the
because the person detained was arresting officer is duty-bound to
arrested under any of the circumstances release a detained person if the
maximum period provided already
where the arrest without warrant is authorized
expired.
by law. (Sec. 5, Rule 113, Revised
Rules of Criminal Procedure)

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
 Non office (election days, special
holidays) days should not be included
in the computation of the period
prescribed by law for the filing of
complaint/information in courts.
 The failure of the arresting officer to
deliver the person arrested to the
judicial authority within the time
specified in Article 125 does not affect
the legality of confinement of the
petitioner who is detained because of
the warrant subsequently issued by a
competent court when an information
was filed therein (Lino v. Fuguso)
 Violation of Article 125 is not
considered as one of the grounds on
which one can predicate a motion to
quash the information under Rule 113
Sec 2 of the Rules of Court. (Section 2.
Arrest; how made. — An arrest is made by
an actual restraint of a person to be arrested,
or by his submission to the custody of the
person making the arrest. No violence or
unnecessary force shall be used in making an
arrest. The person arrested shall not be subject
to a greater restraint than is necessary for his
detention).
 The illegality of the detention is not
cured by the filing of the information
in the court.
 Fiscal is not liable since he is not the
one who has arrested and illegally
detained the person, unless he has
ordered or induced the arresting
officer to hold and not release the
prisoner after the expiration of said
period.
Disposition of person arrested without a warrant
5a and 5b – the person arrested without a warrant shall
be forthwith delivered to the nearest police station
or jail, and shall be proceeded against in accordance
with Rule 112, Section 7.
Section 7 Rule 112 – preliminary investigation may be
dispensed with, provided AN INQUEST
HAS BEEN CONDUCTED IN
ACCORDANCE WITH EXISTING
RULES.
- In absence or unavailability of the inquest
prosecutor, the complaint may be filed by the
offended party or a peace officer directly with
the proper court on the basis of the
AFFIDAVIT OF THE OFFENDED
PARTY OR ARRESTING OFFICER OF
PERSON.
Waiver of the provisions of Article 125
Before the complaint or information is filed,
the person arrested may ask for preliminary
investigation in accordance with the Rule, but he must
first sign a waiver of the provisions of Article 125 in
the presence of his counsel. Notwithstanding the
waiver, he may apply for bail and the investigation must
be terminated within 15 days from its inception.
Circumstances considered in determining liability
of officer detaining a person beyond legal period
1) The means of communication
2) The hour of arrest
3) Other circumstances
Remedy where warrant improperly issued
If the accused was illegally detained because he
was arrested without a preliminary examination, what
should have been done was to set aside the warrant of
arrest and order the discharge of the accused, but
without enjoining the municipal judge from
conducting a preliminary examination and afterwards
properly issuing a warrant of arrest (Alimpos v. CA)
Rights of a person detained
1) He shall be informed of the cause of his
detention – right to be informed
2) He shall be allowed, upon his request, to
communicate and confer at any time with
his attorney or counsel – right to counsel
 Public officers or employees are liable
for arresto mayor for preventing the
exercise of the right of attorneys to visit
and confer with persons arrested
Comparison between Art 124 and 125
Art 124 Art 125
Detention is illegal from Detention is legal in the
the very beginning beginning but the
illegality for the
detention starts from
the expiration of any of
the periods of the time
specified in Article 125,
without the prisoner
detained having been
delivered to the proper
judicial authority.
DETENTION UNDER RA 11479
The time period for delivery of detained persons
prescribed in Article 125 does not apply to
suspected terrorists who are detained under RA
11479
 Persons suspected of acts of terrorism
under RA 11479 may be detained for
14 calendar days without the law
enforcement agent or military
personnel being held criminally liable
for delay in delivery of the detained
person provided that such agent or
personnel has been duly authorized in
writing by the Anti-Terrorism Council.
 Period may be extended by a
maximum of 10 calendar days if it is
established that:
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
1) Further detention is necessary to
preserve evidence
2) To prevent the commission of
another terrorism
3) Investigation is being conducted
properly and without delay.
RA 7438 – Rights of Persons Arrested, Detained or
Under Custodial Investigation
 Custodial investigation – questioning
initiated by law enforcement authorities after a
person is taken into custody or otherwise
deprived of his freedom of action in any
significant manner.
 The rules begin to operate as soon as the
investigation ceases to be a general inquiry into
an unsolved crime and begins to focus a
particular subject, suspect is taken into custody,
and the police carries out a process of
interrogations that tends itself to eliciting
incriminating statements
 It shall include issuing an invitation to a person
investigated in connection with an offense he
is suspected to have committed, without
prejudice to the liability of the inviting officer
for any violation of law.
Rights of Persons Arrested, Detained and Under
Custodial Investigation
1) Right to counsel – In absence of any lawyer, no
custodial investigation shall be conducted and
suspected person can only be detained in
accordance with the provision of Art 125.
2) Right to be informed of his right to remain
silent and to counsel
3) Right to be allowed visits
 Immediate family
 By his counsel
 Any medical doctor or religious
minister chosen by him or by
any member of his immediate
family
 Any NGO duly accredited by
the Commission on Human
Rights or by any international
NGO duly accredited by the
Office of the President.
Waiver under Article 125
Any waiver by a person arrested or detained under the
provisions of Article 125 of the RPC, or under
custodial investigation, shall be in writing and signed
by such person in the presence of his counsel;
otherwise, the waiver shall be null and void and no
effect.
Article 126
Delaying release. - The penalties provided for in Article
124 shall be imposed upon any public officer or
employee who delays for the period of time specified
therein the performance of any judicial or executive
order for the release of a prisoner or detention
prisoner, or unduly delays the service of the notice
of such order to said prisoner or the proceedings
upon any petition for the liberation of such person.
Three acts punishable under Art 126
1) By delaying the performance of a judicial or
executive order for the release of the prisoner
2) By undue delaying of the service of the notice
of such order to said prisoner
3) By unduly delaying the proceedings upon any
petition for the liberation of such person
Elements
1) That the offender is a public officer or
employee
 Usually, wardens and jailers and peace
officers temporarily in charge of the
custody of prisoners and detained
persons.
2) That there is a judicial or executive order for
the release of a prisoner or detention prisoner,
or that there is a proceeding upon a petition for
the liberation of such person
3) That the offender without good reason delays:
 The service of notice of such order to
the prisoner
 The performance of judicial and
executive order fort the release of the
person
 The proceedings upon a petition for
the release of such person
Article 127
Expulsion. - The penalty of prision correccional shall be
imposed upon any public officer or employee who,
not being thereunto authorized by law, shall expel
any person from the Philippine Islands or shall
compel such person to change his residence.
Two acts punishable under Article 127
1) By expelling a person from the Philippines
2) By compelling a person to change his residence
Elements
1) That the offender is a public officer or
employee
2) That he expels any person from the
Philippines, or compels a person to change his
residence
3) That the offender is not authorized to do so by
law
Acts of expulsion authorized by law
 Ejectment proceedings
 Destierro – Penalty which compels a
person to change residence
 Expropriation proceedings – Regallian
Doctrine
Section 2 – Violation of domicile
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
What are crimes known as violation of domicile?
1) Violation of domicile by entering a dwelling
against the will of the owner thereof or making
search without previous consent of the owner.
(Art 128)
2) Search warrants maliciously obtained and
abuse in the service of those legally obtained
(Art 129)
3) Searching domicile without witnesses (Art 130)
Article 128
Violation of domicile. - The penalty of prision correccional
in its minimum period shall be imposed upon any public
officer or employee who, not being authorized by
judicial order, shall enter any dwelling against the will
of the owner thereof, search papers or other effects
found therein without the previous consent of such
owner, or having surreptitiously entered said
dwelling, and being required to leave the premises,
shall refuse to do so.
If the offense be committed in the night-time, or if
any papers or effects not constituting evidence of a
crime be not returned immediately after the search
made by the offender, the penalty shall be prision
correccional in its medium and maximum periods.
Three acts punishable under Art 128
1) By entering any dwelling against the will of the
owner thereof
2) By searching papers or other effects found
therein without the previous consent of the
owner.
3) By refusing to leave the premises, after
having surreptitiously entered the dwelling
and having been required to leave the same.
Elements
1) That the offender is a public officer or
employee
 If private individual, trespass to
dwelling (Art 280)
2) That he is not authorized by judicial order to
enter the dwelling and/or to make a search
therein for papers or other effects
 A public officer or employee is
authorized by judicial order when he is
armed with a search warrant duly
issued by the court.
By entering any dwelling against the will of the
owner thereof
 Presupposes opposition or prohibition
by said owner, whether express or
implied.
 If the entrance is only without consent
of the owner, the crime is not
committed.
 An officer, in order to make an arrest
either by virtue of a warrant or without
a warrant may break into the building
or enclosure where the person to be
arrested is or is reasonably believed
to be, if he refused admittance
thereto, after announcing his
authority and purpose (knock and
announce doctrine)
 A peace officer without search warrant
cannot lawfully enter the dwelling
against the will of the owner. No
amount of incriminating evidence,
whatever its source, will supply the
place of a search warrant.
By searching papers or other effects found therein
without the previous consent of the owner.
 When one voluntarily submits to a
search or consents to have it made
upon his person or his premises, he is
precluded from later complaining
thereof.
 The right to be secured from
unreasonable search may, like every
other right, be waived either expressly
or impliedly.
 Art 128 is not applicable when a public
officer searched a person outside
his dwelling without search
warrant. The papers and other effects
must be found inside the dwelling.
 If the person lives in a vehicle, then it
may be the subject of the search
warrant
By refusing to leave the premises, after having
surreptitiously entered the dwelling and having
been required to leave the same.
 One of the instances where a public
officer or employee may commit
violation of domicile even if the
entrance is only without the consent
of the owner
 In this case, what constitutes the crime
is the refusal of the offender to leave
the premises when required to do so
Circumstances qualifying the offense
1) If the offense is committed at nighttime
2) If any papers or effects not constituting
evidence of a crime are not returned
immediately after the search made by the
offender.
Article 129
Search warrants maliciously obtained and abuse in the service
of those legally obtained. - In addition to the liability
attaching to the offender for the commission of any
other offense, the penalty of arresto mayor in its
maximum period to prision correccional in its minimum
period and a fine not exceeding P200,000 pesos shall
be imposed upon any public officer or employee
who shall procure a search warrant without just
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
cause, or, having legally procured the same, shall
exceed his authority or use unnecessary severity in
executing the same.
Two acts punishable in connection with search
warrants
1) By procuring a search warrant without just
cause
Elements
1) That the offender is a public officer or
employee
2) That he procures a search warrant
3) That there is not just cause
Search warrant defined
 Order in writing issued in the
name of the People of the
Philippines
 Signed by a judge
 Directed to a peace officer
commanding him to search for
personal property described
therein and bring it before the
court
Personal properties to be seized
 Subject of the offense
 Those used or intended to be
used as the means of
committing an offense
(People v. Sapla) The known jurisprudential instances
of reasonable warrantless searches and seizures are:
1) warrantless search incidental to a lawful
arrest – A lawful arrest may be made without
warrant in certain cases in which a search may
lawfully be made to find and seize things
connected with a crime as its fruits or as the
means by which it was committed. (Alvero v.
Dizon)
2) seizure of evidence in plain view;
3) search of a moving vehicle – Carroll
Doctrine, allowed in recognition of the
impracticability of securing a warrant under
said circumstances as the vehicle can be quickly
moved out of the locality or jurisdiction in
which the warrant may be sought. Peace
officers in such cases, however, are limited to
routine checks where the examination of the
vehicle is limited to visual inspection.
An extensive search of a vehicle is
permissible, but only when "the officers
made it upon probable cause, i.e., upon a
belief, reasonably arising out of
circumstances known to the seizing officer,
that an automobile or other vehicle
contains [an] item, article or object which
by law is subject to seizure and
destruction.
However, in order for the search of
vehicles in a checkpoint to be non-¬violative
of an individual's right against unreasonable
searches, the search must be limited to the
following: a) where the officer merely draws
aside the curtain of a vacant vehicle which is
parked on the public fair grounds; (b) where
the officer simply looks into a vehicle; (c)
where the officer flashes a light therein without
opening the car's doors; (d) where the
occupants are not subjected to a physical or
body search; (e) where the inspection of the
vehicles is limited to a visual search or visual
inspection; and (f) where the routine check is
conducted in a fixed area.
4) consented warrantless search;
5) customs search - Search without warrant
under the Tariff and Customs Code does not
include a dwelling house
6) stop and frisk – Terry Doctrine, the policing
practice of stopping a person briefly in order to
search them for weapons or prohibited items.
A frisk is a limited protective search for
concealed weapons or dangerous
instruments. A police officer may frisk any
person whom that officer has stopped when
the officer reasonably suspects that the person
is carrying a concealed weapon or dangerous
instrument.
7) exigent and emergency circumstances.
8) Airport and jail security
Rule on anonymous tips
Law enforcers cannot act solely on the basis of
confidential or tipped information. A tip is still hearsay
no matter how reliable it may be. It is not sufficient to
constitute probable cause in the absence of any other
circumstance that will arouse suspicion.
A two-pronged test must be satisfied in order
to determine whether an informant's tip is sufficient in
engendering probable cause, i.e.,
(1) the informant's "basis of knowledge" must be
revealed and
(2) sufficient facts to establish either the informant's
"veracity" or the "reliability" of the informant's report
must be provided
[i]t is the police officer who should observe
facts that would lead to a reasonable degree of
suspicion of a person. The police officer should not
adopt the suspicion initiated by another person. This is
necessary to justify that the person suspected be
stopped and reasonably searched. Anything less than
this would be an infringement upon one's basic right
to security of one's person and effects." The Court
explained that "the police officer, with his or her
personal knowledge, must observe the (acts leading
to the suspicion of an illicit act," and not merely rely on
the information passed on to him or her.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Requisites for issuing search warrant
1) there must be probable cause:
 to be determined personally by the
judge after examination
 under oath or affirmation of the
complainant and the witnesses he may
produce
 Probable cause – facts and circumstances
which would lead a reasonably discreet and
prudent man to believe that an offense has
been committed and that the object sought in
connection with the offense are in the place
sought to be searched.
2) It must particularly describe the places to be
searched and the things to be seized which may
be anywhere in the Philippines
Characteristics of a search warrant
1) Cannot adjudicate ownership
2) Not a civil nor a criminal action – special
criminal procedure
Validity of a search warrant v. warrant of arrest
Search Warrant Warrant of arrest
10 days from date, which 10 days from date, which
is mandatory is only directory
The 10-day period may be dispensed with if there are
reasonable circumstances which would warrant a
longer period.
Test of lack of just cause
The true test of lack of just cause is whether
the affidavit filed in support of the application for
search warrant has been drawn in such a manner that
perjury could be charged thereon and affiant be
held liable for damages caused.
“In addition to the liability attaching to the
offender for the commission of any other offense”
= perjury + search warrants maliciously obtained
 They cannot form a complex crime
 They are separate and distinct and to be
punished by their respective penalties
Fruits of the poisonous tree doctrine/ non-
exclusionary rule
Evidences obtained (fruits of the poisonous
tree) during unreasonable searches and seizures or
under a search warrant without probable cause and not
in accordance with the procedures prescribed or in
violation of the privacy of communication and
correspondence are not admissible as evidence.
2) By exceeding his authority or by using
unnecessary severity in executing a search
warrant legally procured
Elements
1) That the offender is a public officer or
employee
2) That he has legally procured a search
warrant
3) That he exceeds his authority or uses
unnecessary severity in executing the same
Article 130
Searching domicile without witnesses. - The penalty of
arresto mayor in its medium and maximum periods
shall be imposed upon a public officer or employee
who, in cases where a search is proper, shall search
the domicile, papers or other belongings of any
person, in the absence of the latter, any member of
his family, or in their default, without the presence
of two witnesses residing in the same locality
Elements
1) That the offender is a public officer or
employee
2) That he is armed with search warrant legally
procured
3) That he searches the domicile, papers or other
belongings of any person
4) That the owner, or any member of his family,
or two witnesses residing in the same locality
are not present.
 Simultaneous search is prohibited
 The papers or other belongings must
be in the dwelling of their owner at
the time the search is made
 Does not apply to searched of vehicles
or other means of transportation
 Search without warrant under the
Tariff and Customs Code does not
include a dwelling house
Rule 126 of the Revised Rules of Criminal
Procedure
Section 4 – Search warrant upon probable cause
Section 8
 Witnesses must be the:
 Lawful occupant or family member
 In their absence, 2 witnesses of
sufficient age and discretion in the
same locality
 Consistent with Art 130 which requires at least
1 competent witness
Section 9 – Warrant must be served in the daytime,
unless the property is on the person or in the place
ordered to be searched, in which case a direction may
be inserted that it be served at day or night.
Section 3 - Prohibition, interruption and
dissolution of peaceful meetings
Article 131
Prohibition, interruption and dissolution of peaceful meetings.
- The penalty of prision correccional in its minimum period
shall be imposed upon any public officer or
employee who, without legal ground, shall prohibit
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
or interrupt the holding of a peaceful meeting, or
shall dissolve the same.
The same penalty shall be imposed upon a public
officer or employee who shall hinder any person
from joining any lawful association or from
attending any of its meetings.
The same penalty shall be imposed upon any public
officer or employee who shall prohibit or hinder any
person from addressing, either alone or together
with others, any petition to the authorities for the
correction of abuses or redress of grievances.
Three acts punishable under Article 131
1) By prohibiting or by interrupting, without legal
ground, the holding of a peaceful meeting, or
by dissolving the same
2) By hindering any person from joining any
lawful association or from attending any of its
meetings
3) By prohibiting or hindering any person from
addressing, either alone or together with
others, any petition to the authorities for the
correction of abuses or redress of grievances
Elements
1) That the offender is a public officer or
employee
 If committed by a private individual or public
officer or employee who is a participant–
disturbance of public order (Article 153)
2) That he performs any of the acts mentioned
above
By prohibiting or by interrupting, without legal
ground, the holding of a peaceful meeting, or by
dissolving the same
 To commit the crime defined in the first
paragraph of Article 131, the public officer
must act without legal ground. The meeting
must be:
1) Meeting must be peaceful
2) There is no legal ground for prohibiting, or
interrupting or dissolving that meeting
 The right to peaceful meeting is not absolute.
It may be regulated in order that it may not be
injurious to the equal enjoyment of others
having equal rights, nor injurious to the right of
the community or society and this may be
exercised under the police power.
 When the meeting is not peaceful, there is legal
ground for prohibiting it
 There is no legal ground to prohibit the holding
of a meeting when the danger apprehended is
not imminent and the evil to be prevented is
not a serious one.
 The offender must be a stranger, not a
participant, in the peaceful meeting. If the
public officer or employee is a participant, the
criminal liability is unjust vexation (Art 287)
 Interrupting and dissolving the meeting of
municipal council by a public officer is a
crime against a legislative body under Act No
1755 and not punished under Article 131.
 The person talking on prohibited subject at the
public meeting contrary to agreement that no
speaker should touch on politics may be
stopped.
Section 4 - Crimes against religious worship
What are the crimes against religious worship?
1) Interruption of religious worship (Art 132)
2) Offending the religious feelings (Art 133)
Article 132
Interruption of religious worship. - The penalty of prision
correccional in its minimum period shall be imposed
upon any public officer or employee who shall
prevent or disturb the ceremonies or manifestations
of any religion.
If the crime shall have been committed with violence
or threats, the penalty shall be prision correccional in its
medium and maximum periods.
Elements
1) That the offender is a public officer or
employee
2) That religious ceremonies or manifestations of
any religion are about to take place or are going
on
 There is no provision of law which
requires that religious service to be
conducted in approved orthodox style
in order to merit its protection against
interference and disturbance.
3) That the offender prevents or disturbs the
same
Circumstances qualifying the offense
If the crime is committed with violence or
threats.
Article 133
Offending the religious feelings. - The penalty of arresto
mayor in its maximum period to prision correccional in
its minimum period shall be imposed upon anyone
who, in a place devoted to religious worship or
during the celebration of any religious ceremony
shall perform acts notoriously offensive to the
feelings of the faithful.
Elements
1) That the acts complained of were performed
 In a place devoted to religious worship
 During the celebration of any religious
ceremony
 It is not necessary that there is a
religious ceremony going on when the
offender performs acts notoriously
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

offensive to the feelings of the faithful

in a place devoted to religious worship.
 Religious ceremonies – are those
religious acts performed outside of a
church, such as proceedings and
special prayers for burying the dead
persons
2) That the acts must be notoriously offensive to
the feelings of the faithful
 The acts must be directed against
religious practice or dogma or ritual for
the purpose of ridicule, as mocking or
scoffing at or attempting to damage an
object of religious veneration
 There must be deliberate intent to hurt
the feelings of the faithful
 Offense to feelings is judged from
complainant’s point of view.
 MAY BE COMMITTED BY ANY
PERSON

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

TITLE III The movement is completely In reference to a movement

to overthrow and supersede which seeks merely to
the government. 1) effect some
Crimes Against Public Order change of minor
importance, or
CHAPTER ONE REBELLION, COUP 2) to prevent the
D’ETAT, SEDITION, AND DISLOYALTY exercise of
governmental
Article 134 authority with
respect to
Rebellion or insurrection; How committed. - The crime of particular matters
rebellion or insurrection is committed by rising or subjects.
publicly and taking arms against the Government for There must be public uprising and taking up of arms
the purpose of removing from the allegiance to said
Government or its laws, the territory of the Nature of crime of rebellion/ inciting to rebellion
Philippine Islands or any part thereof, of any body  crime of masses or of a multitude
of land, naval or other armed forces, depriving the  evokes not merely a challenge to the
Chief Executive or the Legislature, wholly or
constituted authorities, but also civil war of a
partially, of any of their powers or prerogatives. (As
amended by R.A. 6968). bigger or lesser scale

Elements Rebellion v. Treason

1) (NORMATIVE ELEMENT) That there be Rebellion Treason
a) Public uprising and The public uprising and There is adherence to the
taking up arms are enemy country
b) Taking arms against the government
against own country
Giving of aid or comfort Giving of aid or comfort
THE CRIME OF REBELLION IS is not criminal is criminal
COMPLETE THE VERY MOMENT Levying of war against Levying of war against
A GROUP OF REBELS RISE the Government is done the Government is done
PUBLICLY AND TAKE ARMS during times of peace during times of war
AGAINST THE GOVERNMENT,
FOR THE PURPOSE OF Rebellion v. Subversion
OVERTHROWING THE SAME BY Rebellion Subversion
FORCE. Crime against public Crime against national
order security
 Actual clash of arms with the Punishable under RPC Not punishable under
forces of the Government is not any law
necessary
 Those merely acting as couriers or
REPUBLIC ACT NO 11479
spies for the rebels are guilty of Anti-terrorism Act of 2020
rebellion. The mere fact that the Punishable acts
accused knowingly identified 1. Terrorism
himself with the organization 2. Threat to commit terrorism
openly fighting to overthrow the 3. Planning, training, preparing and facilitating
Government is enough. the commission of terrorism
 It is not necessary that the rebels 4. Conspiracy to commit terrorism
succeed in overthrowing the 5. Proposal to commit terrorism
government 6. Inciting to commit terrorism
7. Recruitment to and membership in a terrorist
2) (SUBJECTIVE ELEMENT) That the organization
purpose of the uprising or movement is either 8. Foreign terrorist
a) To remove from the allegiance to said 9. Providing material support to terrorist –
government or its laws: liable as principals
 The territory of the Philippines or 10. Accessory to terrorism
any part thereof or,
 Any body of land, naval or other Penalties
armed forces Life imprisonment without the benefit of parole and
the benefits of RA 10592 – 1,3,4,7(recruitment),8
b) To deprive the Chief Executive or Imprisonment of 12 years – 2, 5, 6,7(membership),10
Congress, wholly or partially of any of their
powers or prerogatives Terrorist organization, association, or group of
persons
Rebellion and insurrection are not synonymous Terrorist organization, association, or group of
persons shall refer to any entity organized for the
Rebellion Insurrection

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
purpose of engaging in terrorism, or those proscribed
under Sec 26 of the Act, or the United Nations
Security Council designated terrorist organization.
Article 134-A
Coup d'etat; How committed. - The crime of coup d'etat
is a swift attack accompanied by violence,
intimidation, threat, strategy or stealth, directed
against duly constituted authorities of the Republic
of the Philippines, or any military camp or
installation, communications network, public
utilities or other facilities needed for the exercise and
continued possession of power, singly or
simultaneously carried out anywhere in the
Philippines by any person or persons, belonging to
the military or police or holding any public office of
employment with or without civilian support or
participation for the purpose of seizing or
diminishing state power. (As amended by R.A.
6968).
Elements
1) That the offender is any person or persons,
belonging to the military or police or holding
any public office or employee
 Person
 Military
 Police
 Those holding any public office or
employee
2) It is committed by means of a swift attack
accompanied by violence, intimidation, threat,
strategy or stealth
3) That the attack directed against duly
constituted authorities of the Republic of the
Philippines, or any military camp or
installation, communications network, public
utilities or other facilities needed for the
exercise and continued possession of power
 May be committed with or without civilian
participation
4) That the purpose of the attack is to seize or
diminish state power
Article 135
Penalty for rebellion, insurrection or coup d'etat. - Any
person who promotes, maintains, or heads rebellion
or insurrection shall suffer the penalty of reclusion
perpetua.
Any person merely participating or executing the
commands of others in a rebellion shall suffer the
penalty of reclusion temporal.
Any person who leads or in any manner directs or
commands others to undertake a coup d'etat shall
suffer the penalty of reclusion perpetua.
Any person in the government service who
participates, or executes directions or commands of
others in undertaking a coup d'etat shall suffer the
penalty of prision mayor in its maximum period.
Any person not in the government service who
participates, or in any manner supports, finances,
abets or aids in undertaking a coup d'etat shall suffer
the penalty of reclusion temporal in its maximum period.
When the rebellion, insurrection, or coup d'etat shall
be under the command of unknown leaders, any
person who in fact directed the others, spoke for
them, signed receipts and other documents issued in
their name, as performed similar acts, on behalf or
the rebels shall be deemed a leader of such a
rebellion, insurrection, or coup d'etat. (As amended
by R.A. 6968, approved on October 24, 1990).
Who are liable for rebellion, insurrection and/or
coup d’etat?
1) Leaders
a) Known leaders
 Rebellion/insurrection –
promotes, maintains, heads
 Coup d’etat – leads, directs,
commands
b) Unknown leaders – any person who in
fact directed the others, spoke for them,
signed the receipts, and other documents
issued in their name, or performed similar
acts shall be deemed leaders.
2) Participants – for coup d’etat, both persons in
the government and non-government services
 Rebellion/insurrection –
participates, executes, commands
 Coup d’etat – participates,
executes, commands, finances,
abets, aids in the undertaking (both
government and non-government)
THAT THE ACCUSED NEVER TOOK THE
OATH OF ALLEGIANCE TO, OR THAT
THEY NEVER RECOGNIZED THE
GOVERNMENT IS NOT A DEFENSE IN
REBELLION/INSURRECTION/COUP
D’ETAT
Rebellion cannot be complexed with murder and
other common crimes
 Engaging in war against the
government and committing serious violence
imply everything that war connotes and said
resort to arms, with the resulting impairment
or destruction of life and property, constitutes
not two or more offenses, but only one crime-
that of rebellion plain and simple
 No application for Art 48 (highest
penalty among the crimes applied in the
maximum)
Hernandez ruling
 Binding doctrine with the effect of law since
Art 142-A was already repealed.
 Applies only to rebellion
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
 Prohibits the complexing rebellion with any
other offense committed on the occasion
thereof, either as
 Means to its commission
 Unintended effect of an activity that
constitutes rebellion
 Some crimes considered absorbed in
rebellion
1) Murder
2) Use of loose firearm – also absorbed in
attempted coup d’etat
3) Physical injuries
4) Homicide
5) Arson
Political offense doctrine
Common crimes, perpetrated in furtherance of
a political offense, are divested of their character as
common offenses and assume the political complexion
of the main crime of which they are mere ingredients,
and consequently, cannot be punished separately from
the principal offense or complexed with the same, to
justify the imposition of a graver penalty.
 Killing, robbing etc for private
purposes or profit, without any political
motivation, would be separately punished and
not absorbed
 Political and common crimes are
distinguished by the intent or purpose.
Article 136
Conspiracy and proposal to commit coup d'etat, rebellion or
insurrection. - The conspiracy and proposal to commit
coup d'etat shall be punished by prision mayor in
minimum period and a fine which shall not exceed
eight thousand pesos 1,000,000.
The conspiracy and proposal to commit rebellion or
insurrection shall be punished respectively, by prision
correccional in its maximum period and a fine which
shall not exceed 1,000,000 and by prision correccional in
its medium period and a fine not exceeding 400,000
(As amended by R.A. 6968, approved October 24,
1990).
REVIEW:
Conspiracy = AGREEMENT + DECISION
Proposal = DECISION + PROPOSAL
 Organizing a group of soldiers, soliciting
membership in, and soliciting funds from the
people for, the organization, show conspiracy
to overthrow the government
 Examples where no conspiracy to commit
rebellion
1) Mere fact of giving and rendering speeches
favoring Communism
2) The fact that some of the accused, like the
appellants, had made and designed flags for
the Sakdalista Party
Article 137
Disloyalty of public officers or employees. - The penalty of
prision correccional in its minimum period shall be
imposed upon public officers or employees who
have failed to resist a rebellion by all the means in
their power, or shall continue to discharge the duties
of their offices under the control of the rebels or
shall accept appointment to office under them.
(Reinstated by E.O. No. 187).
Elements
1) The offender must be a public officer or
employee
2) That he performs acts of disloyalty
 It presupposes the existence of rebellion
 By failing to resist a rebellion by all
the means in their power; or
 By continuing to discharge the
duties of their offices under the
control of the rebels
 By accepting appointment to office
under them
The offender under Art 137 must not be in
conspiracy with the rebels
The public officer or employee who performs
any of the acts of disloyalty should not be in conspiracy
with the rebels; otherwise, he will be guilty of
rebellion, not merely disloyalty, because in conspiracy,
the act of one is an act of all.
Article 138
Inciting a rebellion or insurrection. - The penalty of prision
mayor in its minimum period shall be imposed upon
any person who, without taking arms or being in
open hostility against the Government, shall incite
others to the execution of any of the acts specified
in article 134 of this Code, by means of speeches,
proclamations, writings, emblems, banners or other
representations tending to the same end. (Reinstated
by E.O. No. 187).
Elements
1) That the offender does not take up arms or is
not in open hostility against the Government
2) That he incites others to the execution of any
of the acts of rebellion
3) That the inciting is done by means of speeches,
proclamations, writings, emblems, banners or
other representations tending to the same end
Inciting to rebellion distinguished from proposal
to commit rebellion
Inciting to rebellion Proposal to commit
rebellion
Offender induces another to commit rebellion
Not required that the The person who
offender has decided to proposes has decided to
commit rebellion commit rebellion
The act of inciting is The person who
done publicly proposes the execution
of the crime uses secret
means
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Rebellion should not be committed
In both proposal and inciting to commit
rebellion, the crime of rebellion should not be
actually committed by the persons to whom it is
proposed or who are incited. If they commit the
rebellion because of the proposal or the inciting, the
proponent or the one inciting becomes a principal
by inducement in the crime of rebellion, provided
that the requisites of paragraph No. 2 of Art. 17 of the
Revised Penal Code are present.
Art. 139
Sedition — How committed. — The crime of sedition is
committed by persons who rise publicly and
tumultuously in order to attain by force,
intimidation, or by other means outside of legal
methods, any of the following objects:
1) To prevent the promulgation or execution of
any law or the holding of any popular
election;
2) To prevent the National Government, or
any provincial or municipal government, or
any public officer thereof from freely
exercising its or his functions, or prevent the
execution of any administrative order;
3) To inflict any act of hate or revenge upon the
person or property of any public officer or
employee;
4) To commit, for any political or social end,
any act of hate or revenge against private
persons or any social class; and
5) To despoil, for any political or social end,
any person, municipality or province, or the
National Government (or the Government
of the United States) of all its property or any
part thereof. (As amended by Com. Act No.
202)
Elements
1) That the offenders rise (1) publicly, and (2)
tumultuously;
2) That they employ force, intimidation, or other
means outside of legal methods;
3) That the offenders employ any of those means
to attain any of the following objects:
a) To prevent the promulgation or execution
of any law or the holding of any popular
election; (PREVENT
PROMULGATION OF
LAW/HOLDING OF A POPULAR
ELECTION)
b) To prevent the National Government, or
any provincial or municipal government, or
any public officer thereof from freely
exercising its or his functions, or prevent
the execution of any administrative order;
(PREVENT FREE EXERCISE OF
FUNCTION)
c) To inflict any act of hate or revenge upon
the person or property of any public officer
or employee; (PUBLIC HATE OR
REVENGE)
d) To commit, for any political or social end,
any act of hate or revenge against private
persons or any social class; and
(PRIVATE HATE OR REVENGE)
e) To despoil, for any political or social end,
any person, municipality or province, or
the National Government of all its
property or any part thereof. (DESPOIL
PROPERTY OF ANY PERSON)
Nature of the crime.
Sedition, in its general sense, is the raising of
commotions or disturbances in the State.
The ultimate object of sedition is a violation of
the public peace or at least such a course of measures
as evidently engenders it.
Rebellion v. Sedition
Rebellion Sedition
There is public uprising
Taking up arms against Tumultuous
the government
Political Political or social (ex.
Hate or revenge may be
public or private)
Can sedition be committed by one person?
NO, it can be committed by at least 4 people
who are armed or provided with means of violence.
Are common crimes absorbed in sedition?
AUTHOR’S NOTE
 Since sedition may be for political or social
ends, it is not covered in the political offense
doctrine. Hence, common crimes are not
absorbed.
 Also not covered by Hernandez ruling since it
is only for rebellion
Article 140
Penalty for sedition. - The leader of a sedition shall
suffer the penalty of prision mayor in its minimum
period and a fine not exceeding 2,000,000 pesos.
Other persons participating therein shall suffer the
penalty of prision correccional in its maximum period
and a fine not exceeding 1,000,000 pesos.
(Reinstated by E.O. No. 187).
Persons liable for sedition
The persons liable for sedition are:
1) The leader of the sedition, and
2) Other persons participating in the sedition.
Article 141
Conspiracy to commit sedition. - Persons conspiring to
commit the crime of sedition shall be punished by
prision correccional in its medium period and a fine not
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
exceeding 400,000 pesos. (Reinstated by E.O. No.
187)*.
*No proposal to commit sedition
REVIEW:
Conspiracy = AGREEMENT + DECISION
Article 142
Inciting to sedition. - The penalty of prision correccional in
its maximum period and a fine not exceeding
400,000 pesos shall be imposed upon any person
who, without taking any direct part in the crime of
sedition, should incite others to the accomplishment
of any of the acts which constitute sedition, by
means of speeches, proclamations, writings,
emblems, cartoons, banners, or other
representations tending to the same end, or upon
any person or persons who shall utter seditious
words or speeches, write, publish, or circulate
scurrilous libels against the (Government of the
United States or the Government of the
Commonwealth of the Philippines) or any of the
duly constituted authorities thereof, or which tend
to disturb or obstruct any lawful officer in executing
the functions of his office, or which tend to instigate
others to cabal and meet together for unlawful
purposes, or which suggest or incite rebellious
conspiracies or riots, or which lead or tend to stir up
the people against the lawful authorities or to disturb
the peace of the community, the safety and order of
the Government, or who shall knowingly conceal
such evil practices. (Reinstated by E.O. No. 187).
Different acts of inciting to sedition
1) Inciting others to the accomplishment of any
of the acts which constitute sedition, by means
of speeches, proclamations, writings, emblems,
cartoons, banners, or other representations
tending to the same end, or (INCITING)
Inciting to sedition to accomplish any of its
objects
Elements
1) That the offender does not take
direct part in the crime of sedition.
2) That he incites others to the
accomplishment of any of the acts
which constitute sedition.
3) That the inciting is done by means
of speeches, proclamations,
writings, emblems, cartoons,
banners, or other
2) Uttering seditious words or speeches which
tend to disturb public peace (SEDITIOUS
WORDS), not necessary that it has objects of sedition
 It is not necessary, in order to be
seditious, that the words used should in fact
result in a rising of the people against the
constituted authorities. The law is not aimed
merely at actual disturbance, as its purpose is
also to punish utterances which may endanger
public order.
 Disturbance or disorder is not
necessary in inciting to sedition
TWO RULES IN SEDITIOUS
WORDS
 The clear and present danger
rule – the words must be such of nature
that by uttering them there is a danger
of a public uprising and that such
danger should be both clear and
imminent. Present refers to the time
element
 The dangerous tendency rule –
if the words used tend to create a
danger of public uprising, then those
words could properly be the subject of
a penal clause
3) Write, publish, or circulate scurrilous libels
against the Government (of the United States
or the Government of the Commonwealth) of
the Philippines, or any of the duly constituted
authorities thereof, which tends to disturb
public peace (SCURRILOUS LIBELS), not
necessary that it has objects of sedition
Uttering seditious words or speeches and
writing, publishing or circulating
scurrilous libels are punishable when-
1) They tend to disturb or obstruct any lawful
officer in executing the functions of his
office, or
2) They tend to instigate others to cabal
and meet together for unlawful purposes,
or
 A theatrical play which tended to instigate
others to cabal and meet together for
unlawful purposes was held to be sedition
(US v. Tolentino)
3) They suggest or incite rebellious
conspiracies or riots, or
4) They lead or tend to stir up the people
against the lawful authorities or to disturb
the peace of the community, the safety and
order of the Government
Unlawful rumor-mongering and spreading false
information
It is committed by any person who shall:
1) Offer, publish, distribute, circulate and spread
rumors, false news and information and gossip,
or
2) Cause the publication, distribution, circulation
or spreading of the same,
 tend to cause panic,
 divisive effects among the people,
 discredit of or distrust for the duly
constituted authorities,
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
 undermine the stability of the
Government and the objectives of the
New Society,
 endanger the public order, or
 cause damage to the interest or credit
of the State.
The penalty is prision correccional or 6 months
and 1 day to 6 years imprisonment.
If the offender is a government official or
employee, the accessory penalty of absolute
perpetual disqualification from hording any
public office shall be imposed. (Presidential Decree
No. 90, which took effect on January 6. 1973)
CHAPTER TWO CRIMES AGAINST
POPULAR REPRESENTATION
Section One - Crimes against legislative bodies and
similar bodies
Article 143
Act tending to prevent the meeting of the Assembly and
similar bodies. - The penalty of prision correccional or a
fine ranging from 40,000 to 400,000 pesos, or both,
shall be imposed upon any person who, by force or
fraud, prevents the meeting of the National
Assembly (Congress of the Philippines) or of any of
its committees or subcommittees, constitutional
commissions or committees or divisions thereof, or
of any provincial board or city or municipal council
or board. (Reinstated by E.O. No. 187).
Elements
1) That there be a projected or actual meeting of
the Congress or any of its committees or
subcommittees, Constitutional Commissions
or divisions thereof, or of any provincial board
or city or municipal council or board.
2) That the offender who may be any person
prevents such meeting by force or fraud.
 Chief of police and mayor who
prevented the meeting of the municipal
council are liable under Art 143. (AUTHOR’S
NOTE: This is an exception in Art 131.)
Article 144
Disturbance of proceedings. - The penalty of arresto mayor
or a fine from 40,000 to 200,000 pesos shall be
imposed upon any person who disturbs the meetings
of the National Assembly (Congress of the
Philippines) or of any of its committees or
subcommittees, constitutional commissions or
committees or divisions thereof, or of any provincial
board or city or municipal council or board, or in the
presence of any such bodies should behave in such
manner as to interrupt its proceedings or to impair
the respect due it. (Reinstated by E.O. No. 187).
Elements
1) That there be a meeting of the Congress or any
of its committees or subcommittees,
constitutional commissions or committees or
divisions thereof, or of any provincial board or
city or municipal council or board.
 It must be a meeting of a legislative
body or of provincial board or city or
municipal council or board which is
disturbed
 Commenced upon written complaint
of a member of the board which were
disturbed or interrupted
 May not be prosecuted de oficio
2) That the offender does any of the following
acts:
a) He disturbs any of such meetings.
b) He behaves while in the presence
of any such bodies in such a
manner as to interrupt its
proceedings or to impair the
respect due it.
 He may be also punished for
contempt by the Assembly (contempt –
coercive in nature, disturbance od proceedings
- punitive in nature)
Section Two - Violation of parliamentary immunity
Article 145
Violation of parliamentary immunity. - The penalty of
prision mayor shall be imposed upon any person who
shall use force, intimidation, threats or fraud to
prevent any member of the National Assembly
(Congress of the Philippines) from attending the
meetings of the Assembly (Congress) or of any of its
committees or subcommittees, constitutional
commissions or committees or divisions thereof,
from expressing his opinions or casting his vote; and
the penalty of prision correccional shall be imposed
upon any public officer or employee who shall, while
the Assembly (Congress) is in regular or special
session, arrest or search any member thereof, except
in case such member has committed a crime
punishable under this Code by a penalty higher than
prision mayor. (As amended by Com. Act No. 264)
Acts punishable under Art. 145
1) By using force, intimidation, threats, or frauds
to prevent any member of the National
Assembly from (1) attending the meetings of
the Assembly or of any of its committees or
subcommittees, constitutional commissions or
committees or divisions thereof, or from (2)
expressing his opinions, or (3) casting his vote.
(PREVENTION OF PREROGATIVES)
Elements
 That the offender uses force, intimidation,
threats or fraud
 That the purpose of the offender is to prevent
any member of the National Assembly from —
a) attending the meetings of the
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Assembly or of any of its committees
or constitutional commissions, etc.;
b) expressing his opinions;
c) casting his vote.
Note: The offender is any person.
2) By arresting or searching any member thereof
while the National Assembly is in regular or
special session, except in case such member
has committed a crime punishable under the
Code by a penalty higher than prision mayor.
(VIOLATING PARLIAMENTARY
IMMUNITY)
Elements
 That the offender is a public officer or
employee;
 That he arrests or searches any member of the
National Assembly;
 That the Assembly, at the time of arrest or
search, is in regular or special session;
 That the member arrested or searched has not
committed a crime punishable under the Code
by a penalty higher than prision mayor.
Parliamentary immunity does not protect
members of the National Assembly from
responsibility before the legislative body itself
For unparliamentary conduct, members of
Parliament or of Congress have been, or could be
censured, committed to prison, suspended, even
expelled by the votes of their colleagues.
Conflict between Constitution and RPC
Constitution – not more than 6 years – parliamentary
immunity, member of Congress who has committed a
crime punishable by prision mayor (6 yrs. and 1 day to
12 years) is not liable under Art. 145
RPC – prision mayor is not liable
RECON – “by penalty of prision mayor and higher”
CHAPTER THREE
ILLEGAL ASSEMBLIES AND
ASSOCIATIONS
Article 146
Illegal assemblies. — The penalty of prision correccional in
its maximum period to prision mayor in its medium
period shall be imposed upon the organizers or
leaders of any meeting attended by armed persons
for the purpose of committing any of the crimes
punishable under this Code, or of any meeting in
which the audience is incited to the commission of
the crime of treason, rebellion or insurrection,
sedition or assault upon a person in authority or his
agents. Persons merely present at such meeting shall
suffer the penalty of arresto mayor, unless they are
armed, in which case the penalty shall be prision
correccional.
If any person present at the meeting carries
an unlicensed firearm, it shall be presumed that the
purpose of said meeting, insofar as he is concerned,
is to commit acts punishable under this Code, and
he shall be considered a leader or organizer of the
meeting within the purview of the preceding
paragraph.
As used in this article, the word "meeting"
shall be understood to include a gathering or group,
whether in a fixed place or moving. (Restored by
E.O. No. 187, March 21, 2003)
What are illegal assemblies?
They are:
1) Any meeting attended by armed persons for
the purpose of committing any of the crimes
punishable under the Code. (ARMED
PERSONS)
 Not all must be armed, because the law
does not state how many of the persons
attending the meeting must be armed.
 It is said that a good number, say, at
least, four must be armed.
 Merely present – liable if there is
INTENT
Requisites
a) That there is a meeting, a gathering or
group of persons, whether in a fixed place
or moving;
b) That the meeting is attended by armed
persons;
c) That the purpose of the meeting is to
commit any of the crimes punishable under
the Code.
Art 146 (1) Art 146 (2)
Armed persons – good Actual inciting – at least
number of 4 2 persons
2) Any meeting in which the audience, whether
armed or not, is incited to the commission of
the crime of treason, rebellion or insurrection,
sedition, or assault upon a person in
authority or his agents.
Requisites:
a) That there is a meeting, a gathering or
group of persons, whether in a fixed place
or moving.
 Peaceful assembly for lawful
discussion cannot be made a
crime
b) That the audience, whether armed or not,
is incited to the commission of the crime
of treason, rebellion or insurrection,
sedition or direct assault.
 There must be actual inciting
Art 142, 138 Art 146 (2)
Inciting to sedition Illegal assemblies
and rebellion
Actual inciting is There must be actual
immaterial inciting
Done secretly Done publicly
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

 The persons liable are the organizers Illegal associations. — The penalty of prision correccional
or leaders and merely present (illegal in its minimum and medium periods" and a fine not
assembly), one inciting them (inciting to exceeding 200,000 pesos shall be imposed upon the
rebellion or sedition) founders, directors, and presidents of associations
 Merely present – liable if there is totally or partially organized for the purpose of
INTENT committing any of the crimes punishable under this
Code or for some purpose contrary to public morals.
Mere members of said associations shall suffer the
Responsibility of persons merely present at the penalty of arresto mayor.
meeting
1) If they are not armed, the penalty is arresto What are illegal associations?
mayor. They are:
2) If they carry arms, like bolos or knives, or 1) Associations totally or partially organized for
licensed firearms, the penalty is prision the purpose of committing any of the crimes
correccional. (NOT ONLY LIMITED TO punishable under the Code.
FIREARMS) 2) Associations totally or partially organized for
some purpose contrary to public morals.
The word "meeting" includes a gathering or
group which is moving Persons liable for illegal association:
A gathering or group, whether in a fixed place 1) Founders of the association.
or moving, is included in the word "meeting." 2) directors of the association
3) president of the association
BP 880 4) Members of the association
The Public Assembly Act of 1980
Public assembly – rally, demonstration, march,
Illegal association and illegal assembly
parade, procession or any other form of mass or
distinguished
concerted action held in a public place for the purpose
Illegal assembly Illegal association
of presenting a lawful cause; expressing opinions,
It is necessary that there It is not necessary that
protesting or influencing the state affairs, petitioning is an actual meeting or there is an actual meeting
the government for redress of grievances assembly of
1) armed persons
When written permit required for the purpose
- For any person or persons to organize and hold of committing
a public assembly in a public place any of the crimes
XPN: punishable
1) Freedom park duly established by law or under the code
ordinance 2) individuals who,
2) Private property, in which case only the although not
consent of the owner or the one entitled to its armed, are
incited to the
legal possession is required
commission of
3) The campus of a government owned and treason,
operated educational institution which shall be rebellion,
subject to the rules and regulations of said sedition, or
educational institution assault upon a
person in
Prohibited act authority or his
The holding of any public assembly by any agent
leader or organizer without having first secured that It is the meeting and It is the act of forming or
written permit where a permit is required from the attendance at such organizing and
office concerned, or the use of such permit for such meeting that are membership in the
purposes in any place other than those set out in said punished organization that is
permit shall constitute a violation of the Act. XPN: punished
NO PERSON CAN BE PUNISHED OR HELD Persons liable are: Persons liable are:
1) organizers or 1) founders
CRIMINALLY LIABLE FOR PARTICIPATING
leaders 2) directors and
IN OR ATTENDING AN OTHERWISE 2) persons present president
PEACEFUL ASSEMBLY in the meeting 3) members

REVOCATION OF PERMITS TO RALLY Subversion

MAY ONLY BE MADE AFTER DUE  first punished under RA 1700
NOTICE AND HEARING
 there is currently no law which punishes
subversion
Article 147  mere membership in CPP is punishable

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Acts punished under the Anti-Subversion Act
(Rep. Act No. 1700)
1) Knowingly, willfully and by overt acts (a)
affiliating oneself with, (b) becoming, or (c)
remaining a member of the Communist Party
of the Philippines and/or its successors or of
any subversive association as defined in Sec. 2
of the Act;
2) Conspiring with any other person to overthrow
the Government of the Republic of the
Philippines or the government of any of its
political subdivisions by force, violence, deceit,
subversion or other illegal means, for the
purpose of placing such government or
political subdivision under the control and
domination of any alien power; and
3) Taking up arms against the Government, the
offender being a member of the Communist
Party or of any subversive association as
denned in Sec. 2 of the Act.
What organizations are declared illegal and
outlawed under Sec. 2 of Rep. Act No. 1700?
1) The Communist Party, which is declared to be
an organized conspiracy
2) any other organization and their successors
having the purpose of overthrowing the
Government of the Republic of the Philippines
to establish in the Philippines a totalitarian
regime and place the Government under the
control and domination of an alien power
Violation of Anti-Subversion Act is distinct from
that of rebellion
Violation of Republic Act No. 1700, or
subversion, as it is more commonly called, is a crime
distinct from that of actual rebellion. The crime of
rebellion is committed by rising publicly and taking up
arms against the Government for any of the purposes
specified in Article 134 of the Revised Penal Code;
while the Anti-Subversion Act (Republic Act No.
1700) punishes affiliation or membership in a
subversive organization as defined therein. In
rebellion, there must be a public uprising and taking of
arms against the Government; whereas, in subversion,
mere membership in a subversive association is
sufficient, and the taking up of arms by a member of
a subversive organization against the Government is
but a circumstance which raises the penalty to be
imposed upon the offender. (People vs. Liwanag, 74
SCRA 473)
Acts punished under the Revised Anti-Subversion
Law (P.D. No. 885)
1) Knowingly, willfully and by overt act affiliating
with, becoming or remaining a member of a
subversive association or organization as
defined in Sec. 2 thereof;
2) Taking up arms against the Government, the
offender being a member of such subversive
association or organization.
What are subversive associations and
organizations under Sec. 2 of P.D. No. 885?
Any association, organization, political party,
or group of persons organized for the purpose of
1) overthrowing the Government of the Republic
of the Philippines or
2) removing from the allegiance to said
government or its laws, the territory of the
Philippines or any part thereof, with the open
or covert assistance or support of a foreign
power by force, violence, deceit or other illegal
means.
Article 148
Direct assaults. - Any person or persons who, without
a public uprising, shall employ force or intimidation
for the attainment of any of the purpose enumerated
in defining the crimes of rebellion and sedition, or
shall attack, employ force, or seriously intimidate or
resist any person in authority or any of his agents,
while engaged in the performance of official duties,
or on occasion of such performance, shall suffer the
penalty of prision correccional in its medium and
maximum periods and a fine not exceeding
P200,000 pesos, when the assault is committed with
a weapon or when the offender is a public officer or
employee, or when the offender lays hands upon a
person in authority. If none of these circumstances
be present, the penalty of prision correccional in its
minimum period and a fine not exceeding P100,000
pesos shall be imposed.
Direct assault and ordinary assault distinguished
Direct assault Ordinary assault
Crime against public Crime against persons
order
Two ways of committing the crime of direct
assault
1) Without a public uprising, shall employ force
or intimidation for the attainment of any of
the purposes enumerated in defining the
crimes of rebellion and sedition, or
 Not necessarily a person in public
authority or his agent
Elements of the 1st form of direct assault
 That the offender employs force or
intimidation
 That the aim of the offender is to attain any
of the purposes of the crime of rebellion or
any of the objects in the crime of sedition.
 That there is no public uprising.
2) Without public uprising, shall attack, employ
force, or seriously intimidate or resist any
person in authority or any of his agents, while
engaged in the performance of official
duties, or on occasion of such performance
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Elements of the 2nd form of direct assault
 That the offender
a) makes an attack,
 offensive or antagonistic action
 if there is fist blows but without hitting,
it is not considered as assault but
merely resistance to a public officer or
agent of a person in authority
b) employs force,
Public officer Agent
Need not be serious Must be serious in
character
c) makes a serious intimidation, or
Public officer Agent
Must be serious in Must be serious in
character character
 must produce its effects immediately
d) makes a serious resistance.
Public officer Agent
Must be serious in Must be serious in
character character
 resistance must be active
 That the person assaulted is a person in
authority or his agent.
 Not every public officer is at the same
time a person in authority or an agent
of authority
 Includes teachers, professors and
persons charged with the supervision
of public or duly recognized private
schools, colleges, and universities, and
lawyers in the actual performance of
their professional duties or on the
occasion of such performance
 The status as a person in authority
being a matter of law, ignorance
thereof is no excuse
 Attacking a teacher who had inflicted
corporal punishment on a pupil is
direct assault
 Functions of the person in authority or
his agent must be clearly shown in the
information
Examples of agents of person in authority
1.) Policeman.
2.) Municipal treasurer, because he is only a deputy
ex officio of the provincial treasurer, a person in
authority within the province where the latter
exercises his jurisdiction.
3.) Postmaster, because he is only an agent of the
Director of Posts, a person in authority.
4.) Rural policeman, even if he is not provided
with a uniform and does not receive pay,
because he is duly appointed by the mayor of
the town and is provided with a badge.
5.) Sheriff
6.) Agents of the Bureau of Internal Revenue.
7.) Malacanang confidential agent.
8.) Barangay Chief Tanod
 That at the time of the assault the person in
authority or his agent
a) is engaged in the actual performance of
official duties, or that he is assaulted,
 Performance of official duty includes
travelling to the place where he was
going to conduct an investigation
 When the persons in authority or their
agents descended into matters which
are private in nature, an attack made by
one against the other is not direct
assault
 When the agent of a person in
authority agrees to fight, it is still direct
assault because the character of a
person in authority or his agent is not
assumed or lad off at will, but attaches
to him until he ceases to be in office
 It is not direct assault when public
officer or his agent
1) exceeded his jurisdiction
2) employ unnecessary use of force or
violence in carrying out their duties
 When one acts in self-defense he is not
liable to direct assault or resistance nor
for physical injuries, because he acts in
legitimate defense (must not be greater
than what is necessary to repel
aggression)
 GR: An assault upon a person in
authority may be committed by
another person in authority
(aggravating circumstance)
XPN: When there is an actual conflict
of jurisdiction (violates element
number 3)
b) by reason of the past performance of official
duties.
 The performance must be the
impelling motive of the attack
 It is not necessary that the person in
authority or his agent is in the actual
performance of his official duty when
attacked or seriously intimidated.
Evidence of motive
Actual performance Past performance
Not important Important
 That the offender knows that the one he is
assaulting is a person in authority or his
agent in the exercise of his duties.
 The accused must have the intention to
offend, injure, or assault the offended
party as a person in authority or agent
of authority
 The establishment in the course of the
trial of the fact that the petitioners
came to know that the victims were
agents cannot cure the lack of
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
allegation in the information that
such fact was known to the accused,
which renders it defective.
 There must be intent to ignore,
disregard, much less defy the authority
or his agent
 The aggravating circumstance of
disregard of rank is inherent (not an
aggravating circumstance in Art 148) in
the charge of assault against a person in
authority or an agent of a person in
authority
 That there is no public uprising.
 PUBLIC UPRISING = Rebellion
 PUBLIC + TUMULTUOUS
UPRISING = Sedition
Two kinds of direct assault in second form
1) Simple assault
2) Qualified assault
 When the assault was committed with
a weapon (includes stones, clubs, and
any other object with which some
physical injury may be inflicted)
 Offender is a public officer or
employee
 Offender lays hands upon a person in
authority
The crime of direct assault may be complexed
1) Serious or less serious physical injury
2) Murder
3) Homicide
THE CRIME OF SLIGHT PHYSICAL INJURIES
IS ABSORBED IN DIRECT ASSAULT, AS THE
SAME IS THE NECESSARY CONSEQUENCE
OF THE FORCE OR VIOLENCE INHERENT
IN ALL KINDS OF ASSAULT
Additional penalty for attacking ambassador or
minister
 Imprisoned not more than 3 years
 Fined not exceeding 200
Article 149
Indirect assaults. — The penalty of prision correccional in
its minimum and medium periods and a fine not
exceeding One hundred thousand pesos (P100,000)
shall be imposed upon any person who shall make
use of force or intimidation upon any person coming
to the aid of the authorities or their agents on
occasion of the commission of any of the crimes
defined in the next preceding article. (As amended
by R.A. No. 10951, August 29, 2017)
Elements
1) That a person in authority or his agent is the
victim of any of the forms of direct assault
denned in Art. 148.
 Indirect assault can be committed only
when a direct assault is also committed
2) That a person comes to the aid of such
authority or his agent.
 The offended party in indirect assault
may be private persons
3) That the offender makes use of force or
intimidation upon such person coming to the
aid of the authority or his agent.
Article 150
Disobedience to summons issued by the National Assembly,
its committees or subcommittees, by the Constitutional
Commissions, its committees, subcommittees or divisions. —
The penalty of arresto mayor4 or a fine ranging from
Forty thousand pesos (P40,000) to Two hundred
thousand pesos (P200,000) or both such fine and
imprisonment, shall be imposed upon any person
who, having been duly summoned to attend as a
witness before the Congress, its special or standing
committees and subcommittees, the Constitutional
Commissions and its committees, subcommittees,
or divisions, or before any commission or
committee chairman or member authorized to
summon witnesses, refuses, without legal excuse, to
obey such summons, or being present before any
such legislative or constitutional body or official,
refuses to be sworn or placed under affirmation or
to answer any legal inquiry or to produce any books,
papers, documents, or records in his possession,
when required by them to do so in the exercise of
their functions. The same penalty shall be imposed
upon any person who shall restrain another from
attending as a witness, or who shall induce
disobedience to a summons or refusal to be sworn
by any such body or official. (As amended by R.A.
No. 10951, August 29, 2017)
Acts punished
1) By refusing, without legal excuse, to obey
summons of the Congress, its special or
standing committees and subcommittees, the
Constitutional commissions and its
committees, subcommittees or divisions, or by
any commission or committee chairman or
member authorized to summon witnesses.
 XPN: when the papers or documents
may be used in evidence against the
owner thereof, because it would be
equivalent to compelling him to be
witness against himself.
2) By refusing, without legal excuse, to be sworn
or placed under affirmation while being before
such legislative or constitutional body or
official.
 An oath is a verbal promise to tell the
truth made while holding the Bible. A
witness may choose to swear an oath
on another relevant religious text. An
affirmation is a verbal, solemn and
formal declaration, which is made in
place of an oath.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
3) By refusing, without legal excuse, to answer any
legal inquiry or to produce any books, papers,
documents, or records in his possession, when
required by them to do so in the exercise of
their functions.
 Power to investigate and prosecute a
crime is vested by law in the
prosecuting authorities of the
government and not the House or
Senate
 Passing a legislative measure – House
or Senate
 Refusing to answer any legal inquiry –
contempt of Congress
 Any acts punished by Art 150 may also
constitute contempt of congress
 The fact that a person is a prisoner of
the Senate or of the House does not
exclude other departments during his
incarceration from trying or
investigating him in matters pertaining
to their spheres
4) By restraining another from attending as a
witness in such legislative or constitutional
body.
5) By inducing disobedience to a summons or
refusal to be sworn by any such body or
official.
Article 151
Resistance and disobedience to a person in authority or the
agents of such person. — The penalty of arresto mayor and
a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon any person who
not being included in the provisions of the preceding
articles shall resist or seriously disobey any person in
authority, or the agents of such person, while
engaged in the performance of official duties.
When the disobedience to an agent of a person in
authority is not of a serious nature, the penalty of
arresto menor or a fine ranging from Two thousand
pesos (P2,000) to twenty thousand pesos (P20,000)
shall be imposed upon the offender.
1st paragraph 2nd paragraph
Persons in Agents only
authority and
agents
Simple No resistance
resistance
Serious Simple
disobedience disobedience
Elements of resistance and serious disobedience
(par. 1)
1) That a person in authority or his agent is
engaged in the performance of official duty or
gives a lawful order to the offender.
 Must be in the actual performance of
their duties
2) That the offender resists or seriously disobeys
such person in authority or his agent.
 Failure to comply with orders directly
issued by the authorities in the
exercise of their official duties (not
failure to comply with legal provisions
of a general character or with judicial
decisions merely declaratory)
 The accused must have knowledge that
the person arresting him is a person in
authority
 There is justified resistance where there
is no right to make the search and an
adequate defense to repel the
aggression of the latter was done
3) That the act of the offender is not included in
the provisions of Art. 148. Direct assaults, Art.
149. Indirect assaults, and Art. 150.
Disobedience to summons issued by the
National Assembly, its committees or
subcommittees, by the Constitutional
Commissions, its committees, subcommittees
or divisions.
Elements of simple disobedience (par. 2)
1) That an agent of a person in authority is
engaged in the performance of official duty or
gives a lawful order to the offender.
 The order must be lawful, otherwise
resistance is justified
2) That the offender disobeys such agent of a
person in authority.
3) That such disobedience is not of a serious
nature.
 The disobedience should not be of
serious nature
 The force must not be serious and
deliberate
Resistance and Direct assault
disobedience
Attack or force is not Attack or force is
serious and deliberate serious and
deliberate
Picketing (Republic Act No. 3600)
Picketing is a legitimate means of
economic coercion if it is confined to
persuasion, if it is free from molestation or
threat of physical injury or annoyance, and if
there exists some lawful justification for its
existence.
Article 152
Persons in Authority and Agents of Persons in Authority —
Who shall be deemed as such. — In applying the
provisions of the preceding and other articles of this
Code, any person directly vested with jurisdiction,
whether as an individual or as a member of some
court or government corporation, board, or
commission, shall be deemed a person in authority.
A barangay captain and a barangay chairman shall
also be deemed a person in authority.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Any person who, by direct provision of law or by
election or by appointment by competent authority,
is charged with the maintenance of public order and
the protection and security of life and property, such
as a barrio councilman, barrio policeman and
barangay leader, and any person who comes to the
aid of persons in authority, shall be deemed an agent
of a person in authority.
In applying the provisions of articles 148 and 151 of
this Code, teachers, professors, and persons charged
with the supervision of public or duly recognized
private schools, colleges and universities, and
lawyers in the actual performance of their
professional duties or on the occasion of such
performance shall be deemed persons in authority.
(As amended by BP. Blg. 873, approved June
12,1985)
Person in authority
 any person directly vested with jurisdiction,
whether as an individual or as a member of
some court or government corporation, board,
or commission, shall be deemed a person in
authority.
 A barangay captain and a barangay chairman
shall also be deemed a person in authority.
The following are persons in authority:
1) The municipal mayor.
2) Division superintendent of schools.
3) Public and private school teachers
4) Teacher-nurse.
5) President of sanitary division
6) Provincial fiscal.
7) Justice of the Peace.
8) Municipal councilor.
9) Barrio captain and barangay chairman.
Agents
 Any person who,
 by direct provision of law or
 by election or
 by appointment by competent authority,
is charged with the maintenance of public
order and the protection and security of life
and property
 such as a barrio councilman, barrio policeman
and barangay leader, and any person who
comes to the aid of persons in authority
The following are considered agents:
1) Policeman.
2) Municipal treasurer, because he is only a deputy
ex officio of the provincial treasurer, a person in
authority within the province where the latter
exercises his jurisdiction.
3) Postmaster, because he is only an agent of the
Director of Posts, a person in authority.
4) Rural policeman, even if he is not provided
with a uniform and does not receive pay,
because he is duly appointed by the mayor of
the town and is provided with a badge.
5) Sheriff
6) Agents of the Bureau of Internal Revenue.
7) Malacanang confidential agent.
8) Barangay Chief Tanod
Article 153
Tumults and other disturbances of public order —
Tumultuous disturbance or interruption liable to cause
disturbance. — The penalty of arresto mayor in its
medium period to prision correccional in its minimum
period and a fine not exceeding Two hunded
thousand pesos (P200,000) shall be imposed upon
any person who shall cause any serious disturbance
in a public place, office or establishment, or shall
interrupt or disturb public performances, functions
or gatherings, or peaceful meetings, if the act is not
included in the provisions of Articles 131 and 132.
The penalty next higher in degree shall be imposed
upon persons causing any disturbance or
interruption of a tumultuous character.
The disturbance or interruption shall be deemed to
be tumultuous if caused by more than three persons
who are armed or provided with means of violence.
The penalty of arresto mayor shall be imposed upon
any person who in any meeting, association, or
public place, shall make any outcry tending to incite
rebellion or sedition or in such place shall display
placards or emblems which provoke a disturbance
of the public order.
The penalty of arresto menor and a fine not to exceed
Forty thousand pesos (P40,000) shall be imposed
upon those persons who in violation of the
provisions contained in the last clause of Article 85,
shall bury with pomp the body of a person who has
been legally executed.
What are tumults and other disturbances of public
order?
They are:
1) Causing any serious disturbance in a public
place, office or establishment;
 Must be planned or intended
Article 153 Article 155
Tumults and other Alarms and scandals
disturbances of
public order
Serious disturbance Simple disturbance
2) Interrupting or disturbing performances,
functions or gatherings, or peaceful meetings,
if the act is not included in Arts. 131 and 132;
Article 153 Article 287 Arts 131 and 132
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Offender is a Any person Offender must be reckless imprudence), although they arose from the
1) Private 1) public officer same act of the offender.
individual or employee
2) Public officers 2) public officer
which are or employee Article 154
participants who is not a Unlawful use of means of publication and unlawful utterances.
participant
— The penalty of arresto mayor* and a fine ranging
from Forty Thousand (P40,000) to Two hundred
thousand (P200,000) pesos shall be imposed upon:
1) Any person who by means of printing,
lithography, or any other means of
Acts punished are: Acts punished Acts punished publication shall publish or cause to be
1) interrupting are: are: published as news any false news which may
meetings 1) seizure of 1) prohibition endanger the public order, or cause damage
and items or to the interest or credit of the State;
religious with interruption/ 2) Any person who by the same means, or by
worship violence disturbance
2) disturbing 2) other 2) hindering words, utterances or speeches, shall
meetings coercions 3) prohibiting encourage disobedience to the law or to the
and or hindering constituted authorities or praise, justify, or
religious any petition extol any act punished by law;
worship for redress of 3) Any person who shall maliciously publish or
grievances
and cause to be published any official resolution
correction of or document without proper authority, or
abuses before they have been published officially; or
4) Any person who shall print, publish, or
3) Making any outcry tending to incite rebellion distribute or cause to be printed, published,
or sedition in any meeting, association or or distributed books, pamphlets, periodicals,
public place; or leaflets which do not bear the real
 Outcry – to shout subversive or provocative printer's name, or which are classified as
words tending to stir up the people to obtain anonymous.
by means of force or violence of the objects of
Acts punished as unlawful use of means of
rebellion or sedition
publication and unlawful utterances
4) Displaying placards or emblems which
1) By publishing or causing to be published, by
provoke a disturbance of public order in such
means of printing, lithography or any other
place;
means of publication, as news any false news
which may endanger the public order, or cause
Outcry or display of emblems
damage to the interest or credit of the State. –
Article 153 (4) Article 138
The offender should More or less an FALSE NEWS
have done the act unconscious  Actual public disorder or damage is not
with the idea outburst necessary
aforethought of  There must be knowledge that the news is false
inducing his bearers 2) By encouraging disobedience to the law or to
or readers to commit the constituted authorities or by praising,
the crime of justifying or extolling any act punished by law,
rebellion or sedition by the same means or by words, utterances or
speeches. – ENCOURAGING
5) Burying with pomp the body of a person who DISOBEDIENCE
has been legally executed. 3) By maliciously publishing or causing to be
published any official resolution or document
Qualifying circumstance without proper authority, or before they have
1) Tumultuous in character – penalty next higher been published officially. – PUBLISH OF
in degree RESOLUTION WITHOUT
 Deemed to be tumultuous if caused by more AUTHORITY
than 3 persons who are armed or provided 4) By printing, publishing or distributing (or
with means of violence causing the same) books, pamphlets,
periodicals, or leaflets which do not bear the
One who fired a submachine gun to cause real printer's name, or which are classified as
disturbance, but inflicted serious physical injuries anonymous. – ANONYMOUS PRINTING,
on another, may be prosecuted for two crimes PUBLISHING, DISTRIBUTING
The one who fired the submachine gun
committed two offenses (causing serious disturbance RA 248
in a public place, the people present becoming panicky
and terrified, and serious physical injuries through

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Republic Act No. 248 prohibits the reprinting,
reproduction or republication of government
publications and official documents without previous
authority.
"SEC. 1. The reprinting, reproduction or
republication by any private person or entity of
textbooks, manuals, courses of study, workbooks,
tentative objectives, tests, forms, and other
instructional aids prepared and published by the
former Bureau of Education, or by the present Bureau
of Public Schools, without the previous consent or
permission of the Secretary of Education, is
hereby prohibited.
Article 155
Alarms and scandals. — The penalty of arresto menor or
a fine not exceeding Forty Thousand pesos
(P40,000) shall be imposed upon:
1) Any person who within any town or public
place, shall discharge any firearm, rocket,
firecracker, or other explosive calculated to
cause alarm or danger;
2) Any person who shall instigate or take an
active part in any charivari or other
disorderly meeting offensive to another or
prejudicial to public tranquility;
3) Any person who, while wandering about at
night or while engaged in any other
nocturnal amusements, shall disturb the
public peace; or
4) Any person who, while intoxicated or
otherwise, shall cause any disturbance or
scandal in public places, provided that the
circumstances of the case shall not make the
provisions of Article 153 applicable.
Acts punished as alarms and scandals
1) Discharging any firearm, rocket, firecracker, or
other explosive within any town or public
place, calculated to cause (which produces)
alarm or danger. – DISCHARGING
FIREARMS AND EXPLOSIVES
Article 155 Article 254
Alarms and scandals Discharge of
firearms
Aimed elsewhere Aimed toward a
person
 Que produsca alarma o peligro – “calculated
to cause alarm or danger” should be
“which produces alarm or danger”
 It is the result and not the intent which
counts. It must actually have produces
alarm or danger
 No distinction as to the place as long as
it produced alarm or danger
2) Instigating or taking an active part in any
charivari or other disorderly meeting offensive
to another or prejudicial to public tranquility. –
INSTIGATING OR TAKING PART IN
CHARIVARI
 Charivari – medley of discordant
voices, a mock serenade of discordant
noises made on kettle, tins, horns etc
3) Disturbing the public peace while wandering
about at night or while engaged in any other
nocturnal amusements. – DISTURBING
PUBLIC PEACE AT NIGHT
4) Causing any disturbance or scandal in public
places while intoxicated or otherwise, provided
Art. 153 is not applicable. – DISTURBANCE
OR SCANDAL IN A PUBLIC PLACE
WHILE INTOXICATED
Article 156
Delivering prisoners from jail. — The penalty of arresto
mayor in its maximum period to prision correccional in
its minimum period shall be imposed upon any
person who shall remove from any jail or penal
establishment any person confined therein or shall
help the escape of such person, by means of
violence, intimidation or bribery. If other means are
used, the penalty of arresto mayor* shall be imposed.
If the escape of the prisoner shall take place outside
of said establishments by taking the guards by
surprise, the same penalties shall be imposed in their
minimum period.
Elements
1) That there is a person confined in a jail or penal
establishment.
2) That the offender removes therefrom such
person, or helps the escape of such person.
 Deceit is not an element of the offense
 “by other means” – for example, a
person who substituted for a prisoner
by taking his place in jail (employment
of deceit)
 If crime committed by the prisoner
is treason, murder or parricide –
liable as an accessory because he
assists in the escape of the principal
 If done outside by taking the guards
by surprise – penalty is the minimum
of that prescribed in Art 156
Prisoner
1) By final judgment
2) detention
Hospital or asylum considered extension of jail or
prison
This article applies even if the prisoner is in
the hospital or asylum when he is removed or when the
offender helps his escape, because it is considered as
an extension of the penal institution
Offender
1) outsider
2) other prisoners
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
3) employee of the penal establishment provided
that he does not have custody of the person
charged
Article 156 Article 223
Delivering prisoners Conniving with or
from jail consenting to evasion
Employee of the penal Public officer with
establishment who does custody of the prisoner
not have custody of the charged
person charged
Qualifying circumstances
1) bribery – not the bribery in Article 14(11)
2) violence
3) intimidation
Article 157
Evasion of service of sentence. — The penalty of prision
correccional in its medium and maximum periods shall
be imposed upon any convict who shall evade
service of his sentence by escaping during the term
of his imprisonment by reason of final judgment.
However, if such evasion or escape shall have taken
place by means of unlawful entry, by breaking doors,
windows, gates, walls, roofs, or floors, or by using
picklocks, false keys, disguise, deceit, violence or
intimidation, or through connivance with other
convicts or employees of the penal institution, the
penalty shall be prision correccional in its maximum
period.
Elements
1) That the offender is a convict by final
judgment.
 Only by final judgment. Not liable if
prisoner escaped:
 Within 15 days from the
promulgation of the judgment
without commencing the
service of sentence
 Without waiver of his right to
appeal
 During appeal
2) That he is serving his sentence which consists
in deprivation of liberty.
 Not applicable to sentence executed by
deportation
 “sufriendo privacion de Libertad” –
instead of imprisonment, should be
deprivation of liberty
 Applicable to sentence of destierro
(partial deprivation of liberty)
3) That he evades the service of his sentence by
escaping during the term of his sentence.
Qualifying circumstances
1) By means of unlawful entry (Art 14 par 18)
2) By breaking doors, windows, gates, walls,
floors or roofs (Art 14 par 19)
3) By using picklocks, false keys, disguise, deceit,
violence, intimidation – climbing or scaling the
wall (“escalamiento”)
Article 158
Evasion of service of sentence on the occasion of
disorders, conflagrations, earthquakes, or other
calamities. — A convict, who shall evade the service
of his sentence, by leaving the penal institution
where he shall have been confined, on the occasion
of disorder resulting from a conflagration,
earthquake, explosion, or similar catastrophe, or
during a mutiny in which he has not participated,
shall suffer an increase of one-fifth of the time still
remaining to be served under the original sentence,
which in no case shall exceed six months, if he shall
fail to give himself up to the authorities within forty-
eight hours following the issuance of a proclamation
by the Chief Executive announcing the passing away
of such calamity.
Convicts who, under the circumstances mentioned
in the preceding paragraph, shall give themselves up
to the authorities within the above-mentioned
period of 48 hours, shall be entitled to the deduction
provided in Article 98.
Elements
1) That the offender is a convict by final
judgment, who is confined in a penal
institution.
2) That there is disorder, resulting from —
a) conflagration,
b) earthquake,
c) explosion,
d) similar catastrophe, or
e) mutiny in which he has 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 such
disorder or during the mutiny.
4) That the offender fails to give himself up to the
authorities within 48 hours following the
issuance of a proclamation by the Chief
Executive announcing the passing away of
such calamity.
 What is punished is not the leaving of
the penal institution, but the failure of
the convict to give himself up to the
authorities within 48 hours after the
proclamation announcing the passing
of the calamity
Circumstances
1) Offender fails to give himself up –
INCREASE of 1/5 of the time still
remaining to be served (which in no case
shall exceed six months)
2) Offender gives himself up – DECREASE of
1/5 of the period of his sentence
Article 98. Special time allowance for loyalty. - A deduction
of one-fifth of the period of his sentence shall be
granted to any prisoner who, having evaded the
service of his sentence under the circumstances
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
mentioned in Article 58 of this Code, gives himself
up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing
away of the calamity or catastrophe to in said article.
Article 158 Article 98
INCREASE DECREASE
1/5 of the remaining 1/5 of the period of his
time to be served sentence
In no case shall exceed 6 No limit
months
Article 159
Other cases of evasion of service of sentence.* — The penalty
of prision correccional in its minimum period shall be
imposed upon the convict who, having been granted
conditional pardon by the Chief Executive, shall
violate any of the conditions of such pardon.
However, if the penalty remitted by the granting of
such pardon be higher than six years, the convict
shall then suffer the unexpired portion of his original
sentence.
Except in cases of impeachment, or as
otherwise provided in this Constitution, the President
may grant reprieves, commutations, and pardons, and
remit fines and forfeitures, after conviction by final
judgment.
1) Reprieve – refers to the deferment of the
implementation of the sentence for an interval
of time; it does not annul the sentence but
merely postpones or suspends its execution
2) Commutation - refers to the reduction of the
duration of a prison sentence of a prisoner
3) Pardon - form of executive clemency that’s
granted post-conviction.
- does lead to “the restoration of the right to
hold public office, or the right of suffrage”
unless explicitly stated in the pardon
conditions.
He shall also have the power to grant amnesty
with the concurrence of a majority of all the members
of Congress.
4) Amnesty - public act granted by the President
and should have Congress’ concurrence
He has the specific power — "To grant to
convicted persons reprieves or pardons, either plenary
or partial, conditional, or unconditional; to suspend
sentences without pardon, fines, and order the
discharge of any convicted person upon parole, subject
to such conditions as he may impose; and to authorize
the arrest and reincarceration of any such person who,
in his judgment, shall fail to comply with the condition,
or conditions, of his pardon, parole, or suspension of
sentence."
A conditional pardon is a contract between the
Chief Executive, who grants the pardon, and the
convict, who accepts it. Since it is a contract, the
pardoned convict is bound to fulfill its conditions and
accept all its consequences, not as he chooses, but
according to its strict terms.
Elements of the offense of violation of conditional
pardon
1) That the offender was a convict.
2) That he was granted a conditional pardon by
the Chief Executive.
3) That he violated any of the conditions of such
pardon.
 Offender must be found guilty by final
judgment of subsequent offense before
he can be prosecuted under art 159
 When the penalty remitted is destierro,
the penalty for violation of conditional
pardon in no way will be also destierro
 Period when convict was at liberty is
not deducted in case he is recommitted.
 The duration of the conditions
subsequent is limited to the remaining
period of the sentence
Article 27. Prision correccional, suspension, and destierro. -
The duration of the penalties of prision correccional,
suspension and destierro shall be from six months
and one day to six years, except when suspension is
imposed as an accessory penalty, in which case, its
duration shall be that of the principal penalty.
Two penalties are provided for in this article
a) Prision correccional in its minimum period — if
the penalty remitted (unexpired portion) does
not exceed 6 years.
b) The unexpired portion of his original
sentence — if the penalty remitted is higher
than 6 years.
 The court cannot require the convict
to serve the unexpired portion of his
original sentence if it does not exceed
six years. The remedy is left to the
President.
Violation of conditional pardon is a substantive
offense
 The violation is committed in the place
where the subsequent offense is
perpetrated
 the penalty is not only the unexpired
portion of the original sentence but
also prision correccional in its minimum
period if the remitted sentence does
not exceed 6 years
Offender can be arrested and reincarcerated
without trial
Under Sec. 64(i) of the Revised Administrative
Code, the President has the specific power to
authorize the arrest and reincarceration of any
convicted person granted pardon or parole who, in
his judgment, shall fail to comply with the condition or
conditions of his pardon or parole.
The Revised Penal Code | VENTEROSO | 38
 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

before beginning to serve such sentence, or while

One who violates the condition of his pardon serving the same. He shall be punished by the
may be prosecuted and sentenced to suffer prision maximum period of the penalty prescribed by law for
correccional in its minimum period under Article the new felony.
159 of the Revised Penal Code, without prejudice
to the authority conferred upon the President by Quasi- Recidivism Reiteracion
Sec. 64(i) of the Revised Administrative Code to recidivism
recommit him to serve the unexpired portion, Article 160 Article 14(9) Article 14(10)
unless it exceeds 6 years in which case no penalty Special Aggravating Aggravating
aggravating circumstance circumstance
shall be imposed, but to serve only the unexpired
circumstance
portion. A person, after A recidivist is That the
having been one who, at the offender has
The Revised Penal Code does not repeal convicted by time of his trial been previously
Sec. 64(i) of the Revised Administrative Code. Sec. final judgment, for one crime, punished for an
64(i) of said Code and Art. 159 of the Revised Penal shall commit a shall have been offense to
new felony previously been which the law
Code can stand together and that the proceeding
before convicted by attaches an
under one provision does not preclude action under beginning to final judgment equal or greater
the other. serve such of another crime penalty or for
sentence, or embraced in the two or more
Condition extends to special laws while serving same title crimes to
The condition imposed upon the prisoner that the same. which it
attaches a
he should not commit another crime, extends to lighter penalty
offenses punished by special laws, like illegal voting Cannot be offset The penalty The penalty
under the Election Law. by ordinary imposed shall be imposed shall be
mitigating at the maximum at the maximum
Violation of conditional pardon distinguished circumstances
from evasion of service of sentence by escaping
Article 159 Article 157 Elements
Violation of conditional Evasion of service of 1) That the offender was already convicted by
pardon sentence final judgment of one offense.
does not cause harm or an attempt at least to 2) That he committed a new felony before
injury to the right of evade the penalty beginning to serve such sentence or while
other person nor does it inflicted by the courts serving the same.
disturb the public order; upon criminals and thus  If the offender committed a new felony
it is merely an defeat the purpose of after serving the sentence, and both
infringement of the the law of either offenses are embraced in the same title,
terms stipulated in the reforming or he is an ordinary recidivist
contract between the punishing them for
 First offense – may be a felony (RPC)
Chief Executive and the having disturbed the
or offense (special law)
criminal. public order
Second offense – must be a felony
(RPC)
Article 160  The offenses need not be different in
Commission of another crime during service of penalty imposed character (ex. Murder and homicide)
for another previous offense — Penalty. — Besides the
provisions of Rule 5 of Article 62, any person who
shall commit a felony after having been convicted by A quasi-recidivist may be pardoned at the age of
final judgment, before beginning to serve such 70 years
sentence, or while serving the same, shall be GR: The second paragraph of Art. 160 provides that a
punished by the maximum period of the penalty quasi-recidivist shall be pardoned when he has reached
prescribed by law for the new felony. the age of 70 years and has already served out his
original sentence, or when he shall complete it after
Any convict of the class referred to in this article, reaching said age, unless by reason of his conduct or
who is not a habitual criminal, shall be pardoned at other circumstances, he shall not be worthy of such
the age of seventy years if he shall have already clemency.
served out his original sentence, or when he shall XPN: When he is a habitual criminal, a quasi-recidivist
complete it after reaching said age, unless by reason may not be pardoned even if he has reached the age of
of his conduct or other circumstances he shall not 70 years and already served out his original sentence.
be worthy of such clemency.

Art. 160 provides for the so-called quasi-recidivism RA 11479

ANTI TERRORISM ACT OF 2020
Quasi-recidivism is a special aggravating
Sec 3. Definition of terms
circumstance where a person, after having been
convicted by final judgment, shall commit a new felony

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
a) Critical infrastructure – shall refer to an asset
or system, whether physical or virtual, so
essential to the maintenance of vital societal
functions or to the delivery of public services
that the incapacity or destruction of such
systems would have a debilitating impact on
national defense and security, national
economy, public health or safety, the
administration of justice, and other functions
analogous thereto.
b) Designated person – any individual, group of
persons, organizations, or associations
designated and/or identified by United
Nations Security Council, or another
jurisdiction, or supranational jurisdiction as a
terrorist, one who finances terrorism, or a
terrorist organization or group
c) Extraordinary rendition – shall refer to the
transfer of a person, suspected of being a
terrorist or supporter of a terrorist
organization, association, or group of persons
to a foreign nation for imprisonment and
interrogation on behalf of transferring nation
d) International organization – shall refer to an
organization established by a treaty or other
instrument governed by international law and
possessing its own international legal
personality
e) Material support – shall refer to any property,
tangible or intangible, or service, including
currency or monetary instruments or financial
securities, financial services, lodging, training,
expert advice or assistance, safehouses, false
facilities, weapons, lethal substances,
explosives, personnel, and transportation
f) Proliferation of weapons of mass
destruction – shall refer to the transfer and
export of chemical, biological, radiological, or
nuclear weapons, their means of delivery and
related materials
g) Proposal to commit terrorism – is
committed when a person who has decided to
commit any of the crimes defined and
penalized under the provisions of this act
proposes its execution to some other person or
persons
h) Recruit – shall refer to any act to encourage
other people to join a terrorist individual or
organization, association or group of persons
proscribed under Sec 26 of this Act, or
designated by the United Nations Security
Council as a terrorist organization, or
organized for the purpose of engaging
terrorism
i) Surveillance activities – shall refer to the act
of tracking down, following, or investigating
individuals or organizations; or tapping,
listening, intercepting, and recording of
messages, conversations, discussions, spoken
or written words, including computer and
network surveillance, and other
communications of individuals engaged in
terrorism as defined
j) Supranational jurisdiction – shall refer to an
international organization or union in which
the power and influence of member states
transcend national boundaries or interests to
share in decision-making and vote on issues
concerning the collective body
k) Training – shall refer to the giving of
instruction or teaching designed to impart
specific skill in relation to terrorism as defined
l) Terrorist individual – shall refer to any
natural person who commits any of the acts
defines and penalized under Sections 4, 5, 6, 7,
8, 9, 10, 11 and 12
m) Terrorist organization, association or
group of persons - shall refer to any entity
organized for the purpose of engaging in
terrorism, or those proscribed under Section
26 hereof or the United Nations Security
Council-designated terrorist organization
n) Weapons of mass destruction (WMD) –
shall refer to chemical, biological, radiological,
or nuclear weapons which are capable of a high
order of destruction or causing mass casualties.
It excludes the means of transporting or
propelling the weapon where such means is a
separable and divisible part from the weapon.
Sec 4. Terrorism
 Penalty of life imprisonment without the
benefit of parole
 Shall not include advocacy, protest, dissent,
stoppage or work, industrial or mass action,
and other similar exercises of civil and political
rights, which are not intended to cause death
or serious physical harm to a person, to
endanger a person’s life or to create a serious
risk to public safety
Punishable acts
1. Terrorism
2. Threat to commit terrorism
3. Planning, training, preparing and facilitating
the commission of terrorism
4. Conspiracy to commit terrorism
5. Proposal to commit terrorism
6. Inciting to commit terrorism
7. Recruitment to and membership in a
terrorist organization
8. Foreign terrorist
9. Providing material support to terrorist –
liable as principals
10. Accessory to terrorism – No person,
regardless of relationship or affinity shall be
exempt from liability under this section
Penalties
Life imprisonment without the benefit of parole
and the benefits of RA 10592 –
1,3,4,7(recruitment),8
Imprisonment of 12 years – 2, 5,
6,7(membership),10
The Revised Penal Code | VENTEROSO | 40
 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Sec 16. Surveillance of suspects and interception and recording
communications
 A law enforcement agent or military personnel
may, upon written order of the CA secretly
wiretap, overhear and listen to, intercept,
screen, read, surveil, record or collect, with the
use of any mode, form, kind or type of
electronic, mechanical, or other equipment or
device or technology now known or may
hereafter be known to science or with use of
any other suitable ways
XPN: surveillance, interception and recording
of communications between lawyers and
clients, doctors and patients, journalists and
their sources and confidential business
correspondence shall not be authorized
Sec 17. Judicial authorization, requisites
 The authorizing division of CA shall issue a
written order to conduct the acts in Sec 16
upon:
1) Filing of ex parte written application by a
law enforcement agent or military
personnel, who has been authorized in
writing by ATC
2) After examination under oath or
affirmation of the applicant and the
witnesses he/she may produce
Sec 18. Classification and contents of the order of the court
 The written order and the application –
CLASSIFIED INFORMATION
 Access to said information shall be limited to
the applicants, duly authorized personnel of
the ATC, the hearing justices, clerk of court
and duly authorized personnel of hearing or
issuing court
Sec 19. Effective period of judicial authorization
 Shall only be effective for the length of time
specified in the written order of the authorizing
division of CA which shall not exceed a period
of 60 days from the date of receipt of the
written order by the applicant law enforcement
agent or military personnel
 May be extended or renewed to a non-
extendible period which shall not exceed 30
days from the expiration of the original period
 In case of death of original applicant or
physically disabled, next one in rank shall have
30 days after termination of the period to file
the appropriate case before the Public
Prosecutor’s Office for any violation of this
Acts
Sec 20. Custody of intercepted and recorded communications
 All obtained under the judicial authorization
within 48 hours after the expiration of the
period fixed or the extension granted, be
deposited with the issuing court
 Any person who removes, deletes, expunges,
incinerates, shreds or destroys the items
enumerated above shall suffer the penalty of
imprisonment of 10 years
Sec 23. Evidentiary value of deposited materials
 Evidences secured in violation of the pertinent
provisions of this Act, shall be inadmissible and
cannot be used as evidence against anybody in
any judicial, quasi-judicial, legislative, or
administrative investigation, inquiry,
proceeding, or hearing
Sec 25. Designation of Terrorist Individual, groups of persons,
organizations or associations
 The ATC shall automatically adopt the United
Nations Security Council Consolidated List of
designated and/or identified as a terrorist, one
who finances terrorism, or a terrorist
organization or group
 The ATC may designated an individual, group
of persons, organization, or association,
whether domestic or foreign, upon finding of
probable cause
 The assets shall be subject to the authority of
Anti-Money Laundering Council (AMLC)
Sec 26. Proscription of terrorist organizations, association, or
group of persons
 Upon application of the DOJ before the
authorizing division of CA
 Any group of persons, organization, or
association, which commits any of the acts
defined and penalized under Sections 4, 5, 6, 7,
8, 9, 10, 11 and 12, or organized for the
purpose of engaging in terrorism may be
declared as a terrorist and outlawed group of
persons, organization or association
 The application shall be filed with an urgent
prayer for the issuance of a preliminary order
of proscription
The Revised Penal Code | VENTEROSO | 41
 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
TITLE IV
Crimes Against Public Interest
CHAPTER ONE FORGERIES
Section One. — Forging the seal of the
Government of the Philippine Islands, the
signature or stamp of the Chief Executive.
Article 161
Counterfeiting the great seal of the Government of the
Philippine Islands, forging the signature or stamp of the Chief
Executive. — The penalty of reclusion temporal shall be
imposed upon any person who shall forge the Great
Seal of the Government of the Philippine Islands or
the signature or stamp of the Chief Executive.
Acts punished
1) Forging the Great Seal of the Government of
the Philippines.
2) Forging the signature of the President.
3) Forging the stamp of the President.
The Great Seal
- is circular in form, with arms consisting of
paleways of two pieces, azure and gules; a chief
argent studded with three golden stars
equidistant from each other; in point of honor,
ovoid argent over the sun rayonnant with eight
minor and lesser rays; in sinister base gules, the
Lion Rampant of Spain; in dexter base azure,
the American eagle displayed proper; and
surrounding the whole is a double marginal
circle within which are the words "Republic of
the Philippines." (Sec. 18 of the Revised
Administrative Code, as amended by Com.
Acts Nos. 602, 614, and 731)
- must be in the custody of the President of the
Philippines
Article 162
Using forged signature or counterfeit seal or stamp. — The
penalty of prision mayor shall be imposed upon any
person who shall knowingly make use of the
counterfeit seal or forged signature or stamp
mentioned in the preceding article.
Element
1) That the Great Seal of the Republic was
counterfeited or the signature or stamp of the
Chief Executive was forged by another person.
 The offender must not be the forger
2) That the offender knew of the counterfeiting
or forgery.
3) That he used the counterfeit seal or forged
signature or stamp.
 The act is that of an accessory but the
penalty is only one degree lower
Section Two. — Counterfeiting coins
Article 163
Making and importing and uttering false coins - Any
person who make, imports, or utters false coins, in
connivance with counterfeiters, or importers, shall
suffer:
1) Prisión correccional in its minimum and
medium periods and a fine not to exceed
Four hundred thousand pesos (₱400,000), if
the counterfeited coins be any of the coinage
of the Philippines.
2) Prisión correccional in its minimum period and
a fine not to exceed Two hundred thousand
pesos (₱200,000), if the counterfeited coin
be currency of a foreign country.
Elements
1) That there be false or counterfeited coins.
 Coin – a piece of metal stamped with
certain marks and made current at a
certain value. It is false or counterfeited
when:
 Forged
 It is not authorized by the
government as legal tender
Article 163 Article 318
Making and importing Estafa
and uttering false coins
Spurious coin is made Giving a coin a different
appearance
2) That the offender either made, imported or
uttered such coins.
 Import - To bring to port, before
entrance at the Customs House
 Utter – to pass
3) That in case of uttering such false or
counterfeited coins, he connived with the
counterfeiters or importers.
 Both Philippine and foreign country
coins (“moneda”) = LEGAL
TENDER + OUT OF
CIRCULATION
Article 164
Mutilation of coins — Importation and utterance of mutilated
coins. — The penalty of prision correccional in its
minimum period and a fine not to exceed Four
hundred thousand pesos (P400,000) shall be
imposed upon any person who shall mutilate coins
of the legal currency of the Philippines or import or
utter mutilated current coins, in connivance with the
mutilator or importer.
Acts punished under Art. 164
1) Mutilating coins of the legal currency, with the
further requirement that there be intent to
damage or to defraud another.
 "Mutilation" means to take off part of
the metal either by filing it or
The Revised Penal Code | VENTEROSO | 42
 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

substituting it for another metal of Forging treasury or bank notes or other documents payable to
inferior quality. bearer; importing, and uttering such false or forged notes and
 The coin must be of "legal tender" in documents. — The forging or falsification of treasury
mutilation or bank notes or certificates or other obligations and
 Coins of foreign country not included securities payable to bearer and the importation and
2) Importing or uttering such mutilated coins, uttering in connivance with forgers or importers of
such false or forged obligations or notes, shall be
with the further requirement that there must be
punished as follows:
connivance with the mutilator or importer in 1) By reclusion temporal in its minimum period
case of uttering. and a fine not to exceed Two million pesos
(P2,000,000), if the document which has
Article 165 been falsified, counterfeited, or altered is an
Selling of false or mutilated coin, without connivance. — Any obligation or security of Philippines.
person who knowingly, although without the The words “obligation or security of the
connivance mentioned in the preceding articles, shall Philippines” shall be held to mean all bonds,
possess false or mutilated coin with intent to utter certificates of indebtedness, national bank notes,
the same, or shall actually utter such coin, shall suffer coupons, Philippine notes, treasury notes, fractional
a penalty lower by one degree than that prescribed notes, certificates of deposit, bills, checks, or drafts
in said articles. for money, drawn by or upon authorized officers of
the Philippines, and other representatives of value,
Acts punished under Art 165 of whatever denomination, which have been or may
1) Possession of coin, counterfeited or mutilated be issued under any Act of the Congress.
by another person, with intent to utter the
same, knowing that it is false or mutilated. 2) By prision mayor in its maximum period and a
fine not to exceed One million pesos
Elements
(P1,000,000), if the falsified or altered
a) Possession,
document is a circulating note issued by any
 Actual and constructive possession banking association duly authorized by law
 Possession of counterfeiter or importer to issue the same.
is not punished as a separate offense – 3) By prision mayor in its medium period and a
1 crime only fine not to exceed One million pesos
b) With intent to utter, and (P1,000,000), if the falsified or counterfeited
c) Knowledge document was issued by a foreign
government.
2) Actually uttering such false or mutilated coin, 4) By prision mayor in its minimum period and a
knowing the same to be false or mutilated. fine not to exceed Four hundred thousand
 EVEN IF NO CONNIVANCE pesos (P400,000), when the forged or altered
document is a circulating note or bill issued
WITH THE COUNTEFEITER
by a foreign bank duly authorized therefor.
OR MUTILATOR
Three acts penalized under Art. 166
Article 165 Article 163 1) Forging or falsification of treasury or bank
Selling of false or Making and importing
notes or other documents payable to bearer.
mutilated coin, without and uttering false coins
connivance  Payable to bearer – by mere delivery
There must be The actual sale, even 2) Importation of such false or forged obligations
connivance in case of though not in or notes.
uttering connivance with the 3) Uttering of such false or forged obligations or
counterfeiter or notes in connivance with the forgers or
mutilator, is punishable importers.
 Uttering false or forged obligations or
Elements notes – offering them knowing them to
a) Actually uttering, and be false of forged, whether accepted or
b) Knowledge. not

COUNTERFEITED – MAY NOT BE LEGAL Notes and other obligations and securities that
TENDER may be forged or falsified under Art. 166
MUTILATED – SHOULD BE LEGAL TENDER They are:
1) Treasury or bank notes,
Section Three. — Forging treasury or bank notes, 2) Certificates, and
obligations and securities; importing and uttering 3) Other obligations and securities, payable to
false or forged notes, obligations and securities bearer. (Paper Currency)

Article 166 Article 167

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Counterfeiting, importing, and uttering instruments not
payable to bearer. — Any person who shall forge,
import, or utter, in connivance with the forgers or
importers, any instrument payable to order or other
document of credit not payable to bearer, shall suffer
the penalties of prision correccional in its medium and
maximum periods and a fine not exceeding One
million two hundred thousand pesos (P1,200,000).
Elements
1) That there be an instrument payable to order
or other document of credit not payable to
bearer.
 Includes foreign instruments or other
documents of credit since it was not
specified
2) That the offender either forged, imported or
uttered such instrument.
3) That in case of uttering, he connived with the
forger or importer
 CONNIVANCE IS NOT
REQUIRED IF THE UTTERER
IS THE FORGER
Article 168
Illegal possession and use of false treasury or bank notes and
other instruments of credit. — Unless the act be one of
those coming under the provisions of any of the
preceding articles, any person who shall knowingly
use or have in his possession, with intent to use any
of the false or falsified instruments referred to in this
section, shall suffer the penalty next lower in degree
than that prescribed in said articles.
Elements
1) That any treasury or bank note or certificate or
other obligation and security payable to bearer,
or any instrument payable to order or other
document of credit not payable to bearer is
forged or falsified by another person.
2) That the offender knows that any of those
instruments is forged or falsified.
3) That he performs any of these acts —
a) using any of such forged or falsified
instruments; or – ACTUAL USE
b) possessing with intent to use any of such
forged or falsified instruments. –
POSSESSION WITH INTENT TO USE
 intent to possess is not intent to use
 a person in possession of falsified
document and who makes use of the
same is presumed to be material author
of falsification
 not an impossible crime because it is
not a crime against persons or property
Section Four. — Falsification of legislative,
public, commercial, and private documents, and
wireless, telegraph, and telephone messages
Article 169
How forgery is committed. — The forgery referred to in
this section may be committed by any of the
following means:
1) By giving to a treasury or bank note or any
instrument payable to bearer or to order
mentioned therein, the appearance of a true
and genuine document.
2) By erasing, substituting, counterfeiting, or
altering by any means the figures, letters,
words, or sign contained therein.
COUNTERFEITING – 1st paragraph
 Involves situations involving
originally true and genuine
documents which have been
withdrawn or demonetized, or have
outlived their usefulness
FALSIFICATION – 2nd paragraph
PD 247
PROHIBITING AND PENALIZING
DEFACEMENT, MUTILATION, TEARING,
BURNING OR DESTRUCTION OF CENTRAL
BANK NOTES AND COINS
It is ordered and decreed:
1) That it shall be unlawful for any person to
willfully deface, mutilate, tear, burn or destroy,
in any manner whatsoever, currency notes and
coins issued by the Central Bank of the
Philippines; and
2) That any person who shall violate this Decree
shall, upon conviction, be punished by a fine of
not more than twenty thousand pesos and/or
by imprisonment of not more than five
years.
All laws, orders and regulations, or parts thereof,
inconsistent herewith are hereby modified or repealed
accordingly. (Presidential Decree No. 247, which took
effect on July 18, 1973)
Article 170
Falsification of legislative documents. — The penalty of
prision correccional in its maximum period and a fine
not exceeding One million two hundred thousand
pesos (P1,200,000) shall be imposed upon any
person who, without proper authority therefor,
alters any bill, resolution, or ordinance enacted or
approved or pending approval by either House of
the Legislature or any provincial board or municipal
council.
Elements
1) That there be a bill, resolution or ordinance
enacted or approved or pending approval by
either House of the Legislature or any
provincial board or municipal council.
 The bill, resolution, or ordinance
must be genuine
2) That the offender alters the same.
 The offender may be any person
3) That he has no proper authority therefor.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

4) That the alteration has changed the meaning 1) Counterfeiting or imitating any
of the document. handwriting, signature or rubric.
 Other acts of falsification which does XPN: signature of the president (punishable
not change the meaning of the under Art 161)
document, even in legislative  Counterfeiting or feigning
documents, are punished under Art  Feigning – “fingiendo”, means to
171 or 172 represent by a false appearance, to
give a mental existence; to imagine
Article 171  Counterfeiting
Falsification by public officer, employee or notary or  Intent to imitate
ecclesiastical minister. — The penalty of prision mayor  The 2 signatures bear resemblance –
and a fine not to exceed One million pesos likely to deceive another
(P1,000,000.00) shall be imposed upon any public  To prove forgery: (Lamsen v. People)
officer, employee, or notary who, taking advantage  Direct evidence – by a witness
of his official position, shall falsify a document by
 Indirect evidence – comparison
committing any of the following acts:
1) Counterfeiting or imitating any handwriting,  The presumption of validity and
signature, or rubric; regularity prevails over allegations of
2) Causing it to appear that persons have forgery and fraud
participated in any act or proceeding when  Genuineness and due execution of a
they did not in fact so participate; photocopy cannot be established without
3) Attributing to persons who have  a copy of the original
participated in an act or proceeding  proof that the original was lost,
statements other than those in fact made by destroyed or under the control of the
them; party against whom it is offered
4) Making untruthful statements in a narration (Lamsen v. People)
of facts;
2) Causing it to appear that persons have
5) Altering true dates;
6) Making any alteration or intercalation in a participated in any act or proceeding
genuine document which changes its when they did not in fact so participate.
meaning;
7) Issuing in an authenticated form a Article 171 (2) Article 171 (1)
document purporting to be a copy of an Causing it to appear Counterfeiting or
original document when no such original that persons have imitating any
exists, or including in such copy a statement participated in any handwriting,
contrary to, or different from, that of the act or proceeding signature or rubric.
genuine original; or when they did not
8) Intercalating any instrument or note relative in fact so participate
to the issuance thereof in a protocol, Without attempt to With attempt to
registry, or official book. imitate so that the imitate
The same penalty shall be imposed upon any signatures do not
ecclesiastical minister who shall commit any of the bear any
offenses enumerated in the preceding paragraphs of resemblance
this article, with respect to any record or document
of such character that its falsification may affect the 3) Attributing to persons who have
civil status of persons. participated in an act or proceeding
statements other than those in fact made
Elements by them.
1) That the offender is a public officer, 4) Making untruthful statements in a
employee, or notary public. narration of facts.
 Ecclesiastical minister – with respect Requisites
to any record or document of such  That the offender makes in a
character that its falsification may document statements in a
affect the civil status of persons narration of facts;
2) That he takes advantage of his official  Not a conclusion of law
position.  That he has a legal obligation to
 Public officers and employees have disclose the truth of the facts
the duty to make or to prepare the narrated by him;
document and the official custody  There is legal obligation
 Intent to gain is not necessary to disclose relationship in
3) That he falsifies a document by committing government
any of the following acts: appointments

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
 legal obligation to
disclose the truth is
inherent in residence
certificates
 That the facts narrated by the
offender are absolutely false;
and
 That the perversion of truth in the
narration of facts was made with
the wrongful intent of injuring a
third person.
 Wrongful intent is not
necessary when the
document falsified is a
public document
 The fact that one’s
consent to a contract was
obtained by means of
violence does not make
the facts narrated therein
false
 There is falsification by
omission
 Reckless imprudent
resulting to falsification
of public documents
(reckless imprudence is
not a crime in itself but
simply a modality of
committing it)
5) Altering true dates.
 The date must be essential
 Altering dates in official receipts
to prevent the discovery of
malversation is falsification
6) Making any alteration or intercalation in a
genuine document which changes its
meaning.
Requisites
 That there be an alteration
(change) or intercalation
(insertion) on a document;
 That it was made on a genuine
Three acts are punished under Article 172
document;
They are:
 That the alteration or
intercalation has changed the
meaning of the document; and
 The alteration must affect
the integrity or change the
effects of the document
 That the change made the
document speak something false.
 An alteration which
speaks the truth is not
falsification
7) Issuing in authenticated form a document
purporting to be a copy of an original
document when no such original exists,
or including in such copy a statement
contrary to, or different from, that of the
genuine original.
 There must be a genuine document
8) Intercalating any instrument or note
relative to the issuance thereof in a
protocol, registry or official book.
 There must be a genuine document
a) In case the offender is an ecclesiastical
minister, the act of falsification is
committed with respect to any record or
document of such character that its
falsification may affect the civil status of
persons.
A private individual can commit falsification of a
public document, such as when a private person
cooperates with a public officer in the falsification.
He is guilty of the crime with the same liability and
the same penalty as a public officer.
Article 172
Falsification by private individuals and use of falsified
documents. — The penalty of prision correccional in its
medium and maximum periods and a fine of not
more than One million pesos (P1,000,000.00) shall
be imposed upon:
1) Any private individual who shall commit any
of the falsifications enumerated in the next
preceding article in any public or official
document or letter of exchange or any other
kind of commercial document; and
2) Any person who, to the damage of a third
party, or with the intent to cause such
damage, shall in any private document
commit any of the acts of falsification
enumerated in the next preceding article.
3) Any person who shall knowingly introduce
in evidence in any judicial proceeding or to
the damage of another or who, with the
intent to cause such damage, shall use any of
the false documents embraced in the next
preceding article or in any of the foregoing
subdivisions of this article, shall be punished
by the penalty next lower in degree.
1) Falsification of public, official or commercial
document by a private individual. (Paragraph
No. 1)
Elements
 That the offender is a private
individual or a public officer or
employee who did not take
advantage of his official
position.
 The possessor of a
falsified document is
presumed to be the
author of the falsification
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
XPN: when the
possession is incidental to
his official duty
 That he committed any of the acts
of falsification enumerated in Art.
171. (par 7 cannot be committed
by a private individual)
 That the falsification was
committed in a public or official
or commercial document.
 DAMAGE OR
INTENT TO
DAMAGE IS NOT
NECESSARY
 Lack of malice or criminal
intent is a defense in
falsification of public
document
Four kinds of document
1) Public document — a document
created, executed or issued by
a public official in response to
the exigencies of the public
service, or in the execution of
which a public official intervened.
A public document is any
instrument authorized by a notary
public or a competent public
official, with the solemnities
required by law.
2) Official document — a document
which is issued by a public
official in the exercise of the
functions of his office. An
official document is also a public
document. It falls within the
larger class called public
documents.
3) Private document - a deed or
instrument executed by a
private person without the
intervention of a notary public
or other person legally
authorized, by which document
some disposition or agreement is
proved, evidenced or set forth.
 The fact that the
falsification was
committed before the
document was presented
to the notary does not
alter the character of the
crime as falsification of
public document, if the
document was
presented to the notary
by the party who
committed the
falsification or at his
instance
 A private document may
acquire the character of a
public document when it
becomes part of an
official record and is
certified by a public
officer duly authorized by
law
4) Commercial document — any
document defined and regulated
by the Code of Commerce or any
other commercial law. They are
documents or instruments used
by merchants or businessmen to
promote or facilitate trade.
Complexed crimes by falsification of
public/official/commercial documents
 Estafa through falsification of a public
document
 Theft through falsification of official
document
 Estafa through falsification of commercial
document
 Estafa through falsification of commercial
document by reckless imprudence
 Malversation through falsification of public
document
2) Falsification of private document by any
person. (Paragraph No. 2)
Elements
 That the offender committed any of
the acts of falsification, except those in
paragraph 7, enumerated in Art. 171.
 If a private document is falsified
to conceal the misappropriation
of the money or other personal
property which has been in the
possession of the offender the
crime committed is ESTAFA
WITH ABUSE OF
CONFIDENCE ONLY – no
intent to damage, only to
conceal
 There is no falsification of private
document through reckless
imprudence
 That the falsification was committed in
any private document.
 That the falsification caused damage to
a third party or at least the falsification
was committed with intent to cause
such damage.
 Damage need not be material
 It is not necessary that the
offender profited or hoped to
profit
Art 172 (1) Art 172 (2)
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Falsification of Falsification of periods shall be imposed upon any officer or

public, official or private employee of the Government or of any private
commercial document by corporation or concern engaged in the service of
document by a any person sending or receiving wireless, cable, telegraph, or
private individual telephone messages who utters a fictitious wireless,
Offender may be Offender may telegraph, or telephone message of any system or
1) Private be any person falsifies the same.
person
2) Public Any person who shall use such falsified dispatch to
official or the prejudice of a third party or with the intent to
employee not cause such prejudice, shall suffer the penalty next
taking lower in degree.
advantage of
his official Three acts are punishable under Art. 173
duty 1) Uttering fictitious wireless, telegraph or
Public document Private telephone message.
document Elements
Damage or intent Damage or 1) That the offender is an officer or
to damage is not intent to damage employee of the Government or an
an element is an element
officer or employee of a private
corporation, engaged in the service of
GR: FALSIFICATION HAS NO
sending or receiving wireless, cable or
ATTEMPTED OR
FRUSTRATED STAGE telephone message.
XPN: IF THE FALSIFICATION 2) That the offender commits any of the
IS IMPERFECT following acts:
a) Uttering fictitious wireless, cable,
3) Use of falsified document. (Last paragraph) telegraph or telephone message; or
 Cannot be deemed necessarily included b) Falsifying wireless, cable, telegraph, or
in the crime of falsification telephone message.
Introducing in a judicial proceeding — Elements 2) Falsifying wireless, telegraph or telephone
 That the offender knew that a document was message.
falsified by another person. Elements
1) That the accused knew that wireless, cable,
 That the false document is embraced in Art.
telegraph, or telephone message was
171 or in any subdivisions No. l o r 2 of Art.
falsified by any of the persons specified in
172.
the first paragraph of Art. 173.
 That he introduced said document in evidence
 A private individual cannot be a
in any judicial proceeding.
principal by DIRECT
PARTICIPATION, unless he is an
Use in any other transaction — Elements
employee of a corporation engaged
 That the offender knew that a document was in the business of sending or
falsified by another person. receiving wireless, telegraph or
 That the false document is embraced in Art. telephone messages.
171 or in any of subdivision No. 1 or 2 of Art.  A private individual can be a
172. principal by INDUCEMENT
 That he used such document (not in judicial 2) That the accused used such falsified
proceedings). dispatch.
 That the use of the false document caused 3) That the use of the falsified dispatch
damage to another or at least it was used with resulted in the prejudice of a third party,
intent to cause such damage. or that the use thereof was with intent
to cause such prejudice.
Art 172 (3)- first form Art 172 (3) -second 3) Using such falsified message.
form
Introducing in a judicial Use in any other Section Five. — Falsification of medical
proceeding transaction certificates, certificates of merit or service, and
Damage or intent to Damage or intent to the like
damage is not an element damage is an element
Article 174
Article 173 False medical certificates, false certificates of merit or service,
Falsification of wireless, cable, telegraph, and telephone etc. — The penalties of arresto mayor in its maximum
messages, and use of said falsified messages. — The penalty period to prision correccional in its minimum period and
of prision correccional in its medium and maximum

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
a fine not to exceed Two hundred thousand pesos
(P200,000) shall be imposed upon:
1) Any physician or surgeon who, in
connection with the practice of his
profession, shall issue a false certificate; and
2) Any public officer who shall issue a false
certificate of merit or service, good conduct,
or similar circumstances.
The penalty of arresto mayor shall be imposed upon
any private person who shall falsify a certificate
falling within the classes mentioned in the two
preceding subdivisions.
Persons liable
1) Physician or surgeon who, in connection with
the practice of his profession, issued a false
certificate. (It must refer to the illness or injury of a
person)
Note: The crime is False Medical Certificate by a
physician.
2) Public officer who issued a false certificate of
merit or service, good conduct or similar
circumstances.
Note: The crime is False Certificate of Merit or Service
by a public officer.
3) Private individual who falsified a certificate
falling in the classes mentioned in Nos. 1 and
2.
Note: The crime is False Medical Certificate by a
private individual or False Certificate of Merit or
Service by a private individual.
 The falsification of the certificate of large cattle
is not anymore covered by Art. 174 as “similar
circumstances”
 Certificate of residence for voting purposes is
certificate of "similar circumstances”
Article 175
Using false certificates. — The penalty of arresto menor
shall be imposed upon any one who shall knowingly
use any of the false certificates mentioned in the next
preceding article.
Elements
1) That a physician or surgeon had issued a false
medical certificate, or a public officer had
issued a false certificate of merit or service,
good conduct, or similar circumstances, or a
private person had falsified any of said
certificates.
2) That the offender knew that the certificate was
false.
3) That he used the same.
 When any of the false certificates
mentioned in Art 174 is used in the
judicial proceeding, Art 172 does not
apply, because the use of false
document in judicial proceeding under
Art 172 is limited to those false
documents embraced in Arts 171 and
172
Section Six. — Manufacturing, importing, and
possession of instruments or implements
intended for the commission of falsification
Article 176
Manufacturing and possession of instruments or implements
for falsification. — The penalty of prision correccional in
its medium and maximum periods and a fine not to
exceed One million pesos (P1,000,000) shall be
imposed upon any person who shall make or
introduce into the Philippine Islands any stamps,
dies, marks, or other instruments or implements
intended to be used in the commission of the
offenses of counterfeiting or falsification mentioned
in the preceding sections of this chapter.
Any person who, with the intention of using them,
shall have in his possession any of the instruments
or implements mentioned in the preceding
paragraph, shall suffer the penalty next lower in
degree than that provided therein.
Acts punished
1) Making or introducing into the Philippines
any stamps, dies, marks, or other instruments
or implements for counterfeiting or
falsification.
2) Possessing with intent to use the
instruments or implements for counterfeiting
or falsification made in or introduced into the
Philippines by another person.
 The implements confiscated need not
form a complete set
CHAPTER TWO OTHER FALSITIES
Section One. — Usurpation of authority, rank,
title, and improper use of names, uniforms, and
insignia
Article 177
Usurpation of authority or official functions. — Any person
who shall knowingly and falsely represent himself to
be an officer, agent, or representative of any
department or agency of the Philippine Government
or of any foreign government, or who, under
pretense of official position, shall perform any act
pertaining to any person in authority or public
officer of the Philippine Government or of any
foreign government, or any agency thereof, without
being lawfully entitled to do so, shall suffer the
penalty of prision correccional in its minimum and
medium periods. (As amended by Rep. Act No. 379)
Two offenses
1) usurpation of authority
 The mere act of knowingly and falsely
representing oneself to be an officer,
etc. is sufficient
 There must be positive, express and
explicit representation
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

2) usurpation of official functions Any person who conceals his true name and other
 It is essential that the offender should personal circumstances shall be punished by arresto
have performed an act pertaining to a menor or a fine not to exceed Fourty thousand pesos
person in authority or public officer, in (P40,000).
addition to other requirements
Acts punished
 Art 177 can be committed by a public officer 1) Using fictitious name
 Art 177, as amended, does not apply to occupant Elements
under color of title (apparent title) 1) That the offender uses a name other than
his real name.
RA 75  Fictitious name - any other name
AN ACT TO PENALIZE ACTS WHICH which a person publicly applies to
WOULD IMPAIR THE PROPER himself without authority of law
OBSERVANCE BY THE REPUBLIC AND 2) That he uses that fictitious name publicly.
INHABITANTS OF THE PHILIPPINES OF 3) That the purpose of the offender is —
THE IMMUNITIES, RIGHT, AND a) to conceal a crime;
PRIVILEGES OF DULY ACCREDITED b) to evade the execution of a judgment;
FOREIGN DIPLOMATIC AND CONSULAR or
AGENTS IN THE PHILIPPINES c) to cause damage to public interest.
Section 1. Any person who shall falsely assume and
take upon himself to act as a diplomatic, consular, or Other circumstances
any other official of a foreign government duly Circumstances Effect/applicable
accredited as such to the Government of the Republic provisions
of the Philippines with intent to defraud such foreign Causing damage to private ESTAFA (Art 315 (2)(a))
government or the Government of the Philippines, or interest
any person, or in such pretended character shall A person takes the place 1) prisoner – EVASION
of another who has been OF SERVICE OF
demand or obtain, or attempt to obtain from person or
convicted by final SENTENCE (Art
from said foreign government or the Government of judgment 18)
the Philippines, or from any officer thereof, any 2) fictitious prisoner –
money, paper, document, or other thing, of value, shall DELIVERING
be fined not more than five thousand pesos, or shall be PRISONERS FROM
imprisoned for not more than five years, or both, in JAIL (Art 156)
addition to the penalties that may be imposed under
the Revised Penal Code.
2) Concealing true name
RA 10
AN ACT PENALIZING USURPATION OF
PUBLIC AUTHORITY
Section 1. Any person who, with or without pretense
of official position, shall perform any act pertaining
to the Government, or to any person in authority or
public officer, without being lawfully entitled to do so,
shall be punished with imprisonment for not less than
two years nor more than ten years.

One must perform any act pertaining

1) to the Government, or
2) to any person in authority, or
3) to any public officer

 RA 10 is applicable only to members of seditious

organization engaged in subversive activities.

Article 178
Using fictitious name and concealing true name. — The
penalty of arresto mayor and a fine not to exceed One
hundred thousand pesos (P100,000) shall be
imposed upon any person who shall publicly use a
fictitious name for the purpose of concealing a
crime, evading the execution of a judgment, or
causing damage.

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
TITLE V
Crimes Relative to Opium and Other
Prohibited Drugs
RA 9165
COMPREHENSIVE DANGEROUS
DRUG ACT OF 2002
ARTICLE II
Unlawful Acts and Penalties
Section 3. Definitions. As used in this Act, the
following terms shall mean:
(a) Administer. – Any act of introducing any dangerous
drug into the body of any person, with or without
his/her knowledge, by injection, inhalation, ingestion
or other means, or of committing any act of
indispensable assistance to a person in administering a
dangerous drug to himself/herself unless administered
by a duly licensed practitioner for purposes of
medication.
(b) Board. - Refers to the Dangerous Drugs Board
under Section 77, Article IX of this Act.
(c) Centers. - Any of the treatment and rehabilitation
centers for drug dependents referred to in Section 34,
Article VIII of this Act.
(d) Chemical Diversion. – The sale, distribution, supply
or transport of legitimately imported, in-transit,
manufactured or procured controlled precursors and
essential chemicals, in diluted, mixtures or in
concentrated form, to any person or entity engaged in
the manufacture of any dangerous drug, and shall
include packaging, repackaging, labeling, relabeling or
concealment of such transaction through fraud,
destruction of documents, fraudulent use of permits,
misdeclaration, use of front companies or mail fraud.
(e) Clandestine Laboratory. – Any facility used for the
illegal manufacture of any dangerous drug and/or
controlled precursor and essential chemical.
(f) Confirmatory Test. – An analytical test using a
device, tool or equipment with a different chemical or
physical principle that is more specific which will
validate and confirm the result of the screening test.
(g) Controlled Delivery. – The investigative
technique of allowing an unlawful or suspect
consignment of any dangerous drug and/or controlled
precursor and essential chemical, equipment or
paraphernalia, or property believed to be derived
directly or indirectly from any offense, to pass into,
through or out of the country under the supervision of
an authorized officer, with a view to gathering evidence
to identify any person involved in any dangerous drugs
related offense, or to facilitate prosecution of that
offense.
(h) Controlled Precursors and Essential Chemicals. –
Include those listed in Tables I and II of the 1988 UN
Convention Against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances as enumerated in the
attached annex, which is an integral part of this Act.
(i) Cultivate or Culture. – Any act of knowingly
planting, growing, raising, or permitting the planting,
growing or raising of any plant which is the source of
a dangerous drug.
(j) Dangerous Drugs. – Include those listed in the
Schedules annexed to the 1961 Single Convention on
Narcotic Drugs, as amended by the 1972 Protocol, and
in the Schedules annexed to the 1971 Single
Convention on Psychotropic Substances as
enumerated in the attached annex which is an integral
part of this Act.
(k) Deliver. – Any act of knowingly passing a
dangerous drug to another, personally or otherwise,
and by any means, with or without consideration.
(l) Den, Dive or Resort. – A place where any dangerous
drug and/or controlled precursor and essential
chemical is administered, delivered, stored for illegal
purposes, distributed, sold or used in any form.
(m) Dispense. – Any act of giving away, selling or
distributing medicine or any dangerous drug with or
without the use of prescription.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
(n) Drug Dependence. – As based on the World Health
Organization definition, it is a cluster of physiological,
behavioral and cognitive phenomena of variable
intensity, in which the use of psychoactive drug takes
on a high priority thereby involving, among others, a
strong desire or a sense of compulsion to take the
substance and the difficulties in controlling substance-
taking behavior in terms of its onset, termination, or
levels of use.
(o) Drug Syndicate. – Any organized group of two (2)
or more persons forming or joining together with the
intention of committing any offense prescribed under
this Act.
(p) Employee of Den, Dive or Resort. – The caretaker,
helper, watchman, lookout, and other persons working
in the den, dive or resort, employed by the maintainer,
owner and/or operator where any dangerous drug
and/or controlled precursor and essential chemical is
administered, delivered, distributed, sold or used, with
or without compensation, in connection with the
operation thereof.
(q) Financier. – Any person who pays for, raises or
supplies money for, or underwrites any of the illegal
activities prescribed under this Act.
(r) Illegal Trafficking. – The illegal cultivation, culture,
delivery, administration, dispensation, manufacture,
sale, trading, transportation, distribution, importation,
exportation and possession of any dangerous drug
and/or controlled precursor and essential chemical.
(s) Instrument. – Any thing that is used in or intended
to be used in any manner in the commission of illegal
drug trafficking or related offenses.
(t) Laboratory Equipment. – The paraphernalia,
apparatus, materials or appliances when used, intended
for use or designed for use in the manufacture of any
dangerous drug and/or controlled precursor and
essential chemical, such as reaction vessel,
preparative/purifying equipment, fermentors,
separatory funnel, flask, heating mantle, gas generator,
or their substitute.
(u) Manufacture. – The production, preparation,
compounding or processing of any dangerous drug
and/or controlled precursor and essential chemical,
either directly or indirectly or by extraction from
substances of natural origin, or independently by
means of chemical synthesis or by a combination of
extraction and chemical synthesis, and shall include any
packaging or repackaging of such substances, design or
configuration of its form, or labeling or relabeling of
its container; except that such terms do not include the
preparation, compounding, packaging or labeling of a
drug or other substances by a duly authorized
practitioner as an incident to his/her administration or
dispensation of such drug or substance in the course
of his/her professional practice including research,
teaching and chemical analysis of dangerous drugs or
such substances that are not intended for sale or for
any other purpose.
(v) Cannabis or commonly known as "Marijuana" or
"Indian Hemp" or by its any other name. – Embraces
every kind, class, genus, or specie of the plant Cannabis
sativa L. including, but not limited to, Cannabis
americana, hashish, bhang, guaza, churrus and ganjab,
and embraces every kind, class and character of
marijuana, whether dried or fresh and flowering,
flowering or fruiting tops, or any part or portion of the
plant and seeds thereof, and all its geographic varieties,
whether as a reefer, resin, extract, tincture or in any
form whatsoever.
(w) Methylenedioxymethamphetamine (MDMA) or
commonly known as "Ecstasy", or by its any other
name. – Refers to the drug having such chemical
composition, including any of its isomers or derivatives
in any form.
(x) Methamphetamine Hydrochloride or commonly
known as "Shabu", "Ice", "Meth", or by its any other
name. – Refers to the drug having such chemical
composition, including any of its isomers or derivatives
in any form.
(y) Opium. – Refers to the coagulated juice of the
opium poppy (Papaver somniferum L.) and embraces
every kind, class and character of opium, whether
crude or prepared; the ashes or refuse of the same;
narcotic preparations thereof or therefrom; morphine
or any alkaloid of opium; preparations in which opium,
morphine or any alkaloid of opium enters as an
ingredient; opium poppy; opium poppy straw; and
leaves or wrappings of opium leaves, whether prepared
for use or not.
(z) Opium Poppy. – Refers to any part of the plant of
the species Papaver somniferum L., Papaver setigerum
DC, Papaver orientale, Papaver bracteatum and
Papaver rhoeas, which includes the seeds, straws,
branches, leaves or any part thereof, or substances
derived therefrom, even for floral, decorative and
culinary purposes.
(aa) PDEA. – Refers to the Philippine Drug
Enforcement Agency under Section 82, Article IX of
this Act.
(bb) Person. – Any entity, natural or juridical, including
among others, a corporation, partnership, trust or
estate, joint stock company, association, syndicate,
joint venture or other unincorporated organization or
group capable of acquiring rights or entering into
obligations.
(cc) Planting of Evidence. – The willful act by any
person of maliciously and surreptitiously inserting,
placing, adding or attaching directly or indirectly,
through any overt or covert act, whatever quantity of
any dangerous drug and/or controlled precursor and
essential chemical in the person, house, effects or in
the immediate vicinity of an innocent individual for the
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
purpose of implicating, incriminating or imputing the
commission of any violation of this Act.
(dd) Practitioner. – Any person who is a licensed
physician, dentist, chemist, medical technologist,
nurse, midwife, veterinarian or pharmacist in the
Philippines.
(ee) Protector/Coddler. – Any person who knowingly
and willfully consents to the unlawful acts provided for
in this Act and uses his/her influence, power or
position in shielding, harboring, screening or
facilitating the escape of any person he/she knows, or
has reasonable grounds to believe on or suspects, has
violated the provisions of this Act in order to prevent
the arrest, prosecution and conviction of the violator.
(ff) Pusher. – Any person who sells, trades,
administers, dispenses, delivers or gives away to
another, on any terms whatsoever, or distributes,
dispatches in transit or transports dangerous drugs or
who acts as a broker in any of such transactions, in
violation of this Act.
(gg) School. – Any educational institution, private or
public, undertaking educational operation for
pupils/students pursuing certain studies at defined
levels, receiving instructions from teachers, usually
located in a building or a group of buildings in a
particular physical or cyber site.
(hh) Screening Test. – A rapid test performed to
establish potential/presumptive positive result.
(ii) Sell. – Any act of giving away any dangerous drug
and/or controlled precursor and essential chemical
whether for money or any other consideration.
(jj) Trading. – Transactions involving the illegal
trafficking of dangerous drugs and/or controlled
precursors and essential chemicals using electronic
devices such as, but not limited to, text messages,
email, mobile or landlines, two-way radios, internet,
instant messengers and chat rooms or acting as a
broker in any of such transactions whether for money
or any other consideration in violation of this Act.
(kk) Use. – Any act of injecting, intravenously or
intramuscularly, of consuming, either by chewing,
smoking, sniffing, eating, swallowing, drinking or
otherwise introducing into the physiological system of
the body, and of the dangerous drugs.
Section 4. Importation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals.-
.The penalty of life imprisonment to death and a
ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall import or bring
into the Philippines any dangerous drug,
regardless of the quantity and purity involved,
including any and all species of opium poppy or any
part thereof or substances derived therefrom even for
floral, decorative and culinary purposes.
The penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years and
a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who,
unless authorized by law, shall import any controlled
precursor and essential chemical.
The maximum penalty provided for under this
Section shall be imposed upon any person, who,
unless authorized under this Act, shall import or bring
into the Philippines any dangerous drug and/or
controlled precursor and essential chemical through
the use of a diplomatic passport, diplomatic
facilities or any other means involving his/her
official status intended to facilitate the unlawful
entry of the same. In addition, the diplomatic
passport shall be confiscated and canceled.
The maximum penalty provided for under this
Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any
of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to
twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who
acts as a "protector/coddler" of any violator of the
provisions under this Section.
Who are liable?
1) Any person, who, unless authorized by law,
shall import or bring into the Philippines any
dangerous drug
2) Any person who shall import any controlled
precursor and essential chemical.
3) Any person, who, unless authorized under this
Act, shall import or bring into the Philippines
any dangerous drug and/or controlled
precursor and essential chemical through the
use of a diplomatic passport, diplomatic
facilities or any other means involving his/her
official status intended to facilitate the unlawful
entry of the same. – MAXIMUM PENALTY
4) Any person, who organizes, manages or acts as
a "financier" of any of the illegal activities –
MAXIMUM PENALTY
5) Any person, who acts as a "protector/coddler"
of any violator
Section 5. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals. -
The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
another, distribute dispatch in transit or transport
any dangerous drug, including any and all species
of opium poppy regardless of the quantity and
purity involved, or shall act as a broker in any of
such transactions.
The penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years and
a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to
another, distribute, dispatch in transit or transport
any controlled precursor and essential chemical,
or shall act as a broker in such transactions.
If the sale, trading, administration, dispensation,
delivery, distribution or transportation of any
dangerous drug and/or controlled precursor and
essential chemical transpires within one hundred
(100) meters from the school, the maximum
penalty shall be imposed in every case.
For drug pushers who use minors or mentally
incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly
connected to the dangerous drugs and/or
controlled precursors and essential chemical
trade, the maximum penalty shall be imposed in
every case.
If the victim of the offense is a minor or a mentally
incapacitated individual, or should a dangerous
drug and/or a controlled precursor and essential
chemical involved in any offense herein provided
be the proximate cause of death of a victim
thereof, the maximum penalty provided for under
this Section shall be imposed.
The maximum penalty provided for under this
Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of any
of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to
twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person,
who acts as a "protector/coddler" of any violator
of the provisions under this Section.
Who are liable?
1) Any person, who, unless authorized by law,
shall sell, trade, administer, dispense, deliver,
give away to another, distribute dispatch in
transit or transport any dangerous drug,
including any and all species of opium poppy,
or shall act as a broker in any of such
transactions.
2) Any person, who, unless authorized by law,
shall sell, trade, administer, dispense, deliver,
give away to another, distribute, dispatch in
transit or transport any controlled precursor
and essential chemical, or shall act as a broker
in such transactions.
3) Any person, who organizes, manages or acts as
a "financier" of any of the illegal activities –
MAXIMUM PENALTY
4) Any person, who acts as a "protector/coddler"
of any violator
Aggravating circumstances
1) If the sale, trading, administration,
dispensation, delivery, distribution or
transportation of any dangerous drug and/or
controlled precursor and essential chemical
transpires within one hundred (100) meters
from the school
2) If the victim of the offense
 is a minor or a mentally incapacitated
individual, or
 should a dangerous drug and/or a
controlled precursor and essential
chemical involved in any offense herein
provided be the proximate cause of
death of a victim thereof
Section 8. Manufacture of Dangerous Drugs
and/or Controlled Precursors and Essential
Chemicals. - The penalty of life imprisonment to
death and a fine ranging Five hundred thousand
pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall engage in the
manufacture of any dangerous drug.
The penalty of imprisonment ranging from twelve (12)
years and one (1) day to twenty (20) years and a
fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person,
who, unless authorized by law, shall manufacture any
controlled precursor and essential chemical.
The presence of any controlled precursor and essential
chemical or laboratory equipment in the clandestine
laboratory is a prima facie proof of manufacture of
any dangerous drug. It shall be considered an
aggravating circumstance if the clandestine laboratory
is undertaken or established under the following
circumstances:
(a) Any phase of the manufacturing process was
conducted in the presence or with the help of minor/s:
(b) Any phase or manufacturing process was
established or undertaken within one hundred (100)
meters of a residential, business, church or school
premises;
(c) Any clandestine laboratory was secured or
protected with booby traps;
(d) Any clandestine laboratory was concealed with
legitimate business operations; or
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
(e) Any employment of a practitioner, chemical
engineer, public official or foreigner.
The maximum penalty provided for under this
Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of
the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to
twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who
acts as a "protector/coddler" of any violator of the
provisions under this Section.
Section 9. Illegal Chemical Diversion of Controlled
Precursors and Essential Chemicals. - The penalty
of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who, unless authorized
by law, shall illegally divert any controlled
precursor and essential chemical.
Section 10. Manufacture or Delivery of Equipment,
Instrument, Apparatus, and Other Paraphernalia
for Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty
of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person who
shall
1) deliver,
2) possess with intent to deliver, or
3) manufacture with intent to deliver
equipment, instrument, apparatus and
other paraphernalia for dangerous drugs,
knowing, or under circumstances where
one reasonably should know, that it will be
used to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze,
pack, repack, store, contain or conceal any
dangerous drug and/or controlled
precursor and essential chemical in
violation of this Act.
The penalty of imprisonment ranging from six (6)
months and one (1) day to four (4) years and a fine
ranging from Ten thousand pesos (P10,000.00) to
Fifty thousand pesos (P50,000.00) shall be imposed
if it will be used to inject, ingest, inhale or otherwise
introduce into the human body a dangerous drug
in violation of this Act.
The maximum penalty provided for under this
Section shall be imposed upon any person, who uses a
minor or a mentally incapacitated individual to
deliver such equipment, instrument, apparatus
and other paraphernalia for dangerous drugs.
Section 11. Possession of Dangerous Drugs. - The
penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall possess any
dangerous drug in the following quantities, regardless
of the degree of purity thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine
hydrochloride;
(5) 50 grams or more of methamphetamine
hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana
resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such
as, but not limited to,
methylenedioxymethamphetamine (MDA) or
"ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid
diethylamine (LSD), gamma hydroxyamphetamine
(GHB), and those similarly designed or newly
introduced drugs and their derivatives, without having
any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements, as determined and
promulgated by the Board in accordance to Section 93,
Article XI of this Act.
Otherwise, if the quantity involved is less than the
foregoing quantities, the penalties shall be graduated as
follows:
(1) Life imprisonment and a fine ranging from Four
hundred thousand pesos (P400,000.00) to Five
hundred thousand pesos (P500,000.00), if the
quantity of methamphetamine hydrochloride or
"shabu" is ten (10) grams or more but less than
fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day
to life imprisonment and a fine ranging from Four
hundred thousand pesos (P400,000.00) to Five
hundred thousand pesos (P500,000.00), if the
quantities of dangerous drugs are five (5) grams or
more but less than ten (10) grams of opium,
morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana resin
oil, methamphetamine hydrochloride or "shabu",
or other dangerous drugs such as, but not limited
to, MDMA or "ecstasy", PMA, TMA, LSD, GHB,
and those similarly designed or newly introduced
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far
beyond therapeutic requirements; or three
hundred (300) grams or more but less than five
(hundred) 500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day
to twenty (20) years and a fine ranging from Three
hundred thousand pesos (P300,000.00) to Four
hundred thousand pesos (P400,000.00), if the
quantities of dangerous drugs are less than five (5)
grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or
marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous
drugs such as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic
value or if the quantity possessed is far beyond
therapeutic requirements; or less than three
hundred (300) grams of marijuana.
Section 12. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs. - The penalty of imprisonment
ranging from six (6) months and one (1) day to
four (4) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand
pesos (P50,000.00) shall be imposed upon any
person, who, unless authorized by law, shall possess
or have under his/her control any equipment,
instrument, apparatus and other paraphernalia fit
or intended for smoking, consuming,
administering, injecting, ingesting, or introducing
any dangerous drug into the body: Provided, That
in the case of medical practitioners and various
professionals who are required to carry such
equipment, instrument, apparatus and other
paraphernalia in the practice of their profession,
the Board shall prescribe the necessary
implementing guidelines thereof.
The possession of such equipment, instrument,
apparatus and other paraphernalia fit or intended for
any of the purposes enumerated in the preceding
paragraph shall be prima facie evidence that the
possessor has smoked, consumed, administered
to himself/herself, injected, ingested or used a
dangerous drug and shall be presumed to have
violated Section 15 of this Act.
Section 13. Possession of Dangerous Drugs During
Parties, Social Gatherings or Meetings. – Any
person found possessing any dangerous drug
during a party, or at a social gathering or meeting,
or in the proximate company of at least two (2)
persons, shall suffer the maximum penalties
provided for in Section 11 of this Act, regardless of
the quantity and purity of such dangerous drugs.
Section 14. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social
Gatherings or Meetings. - The maximum penalty
provided for in Section 12 of this Act shall be imposed
upon any person, who shall possess or have under
his/her control any equipment, instrument,
apparatus and other paraphernalia fit or intended
for smoking, consuming, administering, injecting,
ingesting, or introducing any dangerous drug into
the body, during parties, social gatherings or
meetings, or in the proximate company of at least
two (2) persons.
Section 6. Maintenance of a Den, Dive or Resort. -
The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person
or group of persons who shall maintain a den, dive
or resort where any dangerous drug is used or sold
in any form.
The penalty of imprisonment ranging from twelve (12)
years and one (1) day to twenty (20) years and a
fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person or
group of persons who shall maintain a den, dive, or
resort where any controlled precursor and essential
chemical is used or sold in any form.
The maximum penalty provided for under this
Section shall be imposed in every case where any
dangerous drug is administered, delivered or sold
to a minor who is allowed to use the same in such a
place.
Should any dangerous drug be the proximate cause
of the death of a person using the same in such
den, dive or resort, the penalty of death and a fine
ranging from One million (P1,000,000.00) to Fifteen
million pesos (P500,000.00) shall be imposed on the
maintainer, owner and/or operator.
If such den, dive or resort is owned by a third person,
the same shall be confiscated and escheated in favor
of the government: Provided, That the criminal
complaint shall specifically allege that such place is
intentionally used in the furtherance of the crime:
Provided, further, That the prosecution shall prove
such intent on the part of the owner to use the
property for such purpose: Provided, finally, That
the owner shall be included as an accused in the
criminal complaint.
The maximum penalty provided for under this
Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of any of
the illegal activities prescribed in this Section.
The penalty twelve (12) years and one (1) day to
twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
acts as a "protector/coddler" of any violator of the
provisions under this Section.
Section 7. Employees and Visitors of a Den, Dive
or Resort. - The penalty of imprisonment ranging
from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed
upon:
(a) Any employee of a den, dive or resort, who is
aware of the nature of the place as such; and
(b) Any person who, not being included in the
provisions of the next preceding, paragraph, is aware
of the nature of the place as such and shall
knowingly visit the same
Section 15. Use of Dangerous Drugs. – A person
apprehended or arrested, who is found to be
positive for use of any dangerous drug, after a
confirmatory test, shall be imposed a penalty of a
minimum of six (6) months rehabilitation in a
government center for the first offense, subject to
the provisions of Article VIII of this Act. If
apprehended using any dangerous drug for the second
time, he/she shall suffer the penalty of
imprisonment ranging from six (6) years and one
(1) day to twelve (12) years and a fine ranging from
Fifty thousand pesos (P50,000.00) to Two hundred
thousand pesos (P200,000.00): Provided, That this
Section shall not be applicable where the person tested
is also found to have in his/her possession such
quantity of any dangerous drug provided for under
Section 11 of this Act, in which case the provisions
stated therein shall apply.
Section 18. Unnecessary Prescription of Dangerous
Drugs. – The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) and the additional
penalty of the revocation of his/her license to
practice shall be imposed upon the practitioner, who
shall prescribe any dangerous drug to any person
whose physical or physiological condition does
not require the use or in the dosage prescribed
therein, as determined by the Board in
consultation with recognized competent experts
who are authorized representatives of professional
organizations of practitioners, particularly those
who are involved in the care of persons with severe
pain.
Section 19. Unlawful Prescription of Dangerous
Drugs. – The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall make or issue a
prescription or any other writing purporting to be
a prescription for any dangerous drug.
Section 16. Cultivation or Culture of Plants
Classified as Dangerous Drugs or are Sources
Thereof. - The penalty of life imprisonment to
death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person,
who shall plant, cultivate or culture marijuana,
opium poppy or any other plant regardless of
quantity, which is or may hereafter be classified as
a dangerous drug or as a source from which any
dangerous drug may be manufactured or derived:
Provided, That in the case of medical laboratories and
medical research centers which cultivate or culture
marijuana, opium poppy and other plants, or materials
of such dangerous drugs for medical experiments and
research purposes, or for the creation of new types of
medicine, the Board shall prescribe the necessary
implementing guidelines for the proper
cultivation, culture, handling, experimentation
and disposal of such plants and materials.
The land or portions thereof and/or greenhouses on
which any of said plants is cultivated or cultured shall
be confiscated and escheated in favor of the State,
unless the owner thereof can prove lack of
knowledge of such cultivation or culture despite
the exercise of due diligence on his/her part. If the
land involved is part of the public domain, the
maximum penalty provided for under this Section
shall be imposed upon the offender.
The maximum penalty provided for under this
Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of
the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to
twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who
acts as a "protector/coddler" of any violator of the
provisions under this Section.
Section 9. Illegal Chemical Diversion of Controlled
Precursors and Essential Chemicals. - The penalty
of imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person,
who, unless authorized by law, shall illegally divert
any controlled precursor and essential chemical.
Section 17. Maintenance and Keeping of Original
Records of Transactions on Dangerous Drugs
and/or Controlled Precursors and Essential
Chemicals. - The penalty of imprisonment ranging
from one (1) year and one (1) day to six (6) years
and a fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos (P50,000.00)
shall be imposed upon any practitioner,
manufacturer, wholesaler, importer, distributor,
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
dealer or retailer who violates or fails to comply with
the maintenance and keeping of the original records of
transactions on any dangerous drug and/or controlled
precursor and essential chemical in accordance with
Section 40 of this Act.
An additional penalty shall be imposed through the
revocation of the license to practice his/her
profession, in case of a practitioner, or of the
business, in case of a manufacturer, seller,
importer, distributor, dealer or retailer.
Section 40. Records Required for Transactions on Dangerous
Drug and Precursors and Essential Chemicals. –
a) Every pharmacist dealing in dangerous drugs and/or
controlled precursors and essential chemicals shall maintain and
keep an original record of sales, purchases, acquisitions and
deliveries of dangerous drugs, indicating therein the following
information:
(1) License number and address of the pharmacist;
(2) Name, address and license of the manufacturer, importer or
wholesaler from whom the dangerous drugs have been purchased;
(3) Quantity and name of the dangerous drugs purchased or
acquired;
(4) Date of acquisition or purchase;
(5) Name, address and community tax certificate number of the
buyer;
(6) Serial number of the prescription and the name of the
physician, dentist, veterinarian or practitioner issuing the same;
(7) Quantity and name of the dangerous drugs sold or delivered;
and
(8) Date of sale or delivery.
A certified true copy of such record covering a period of six (6)
months, duly signed by the pharmacist or the owner of the
drugstore, pharmacy or chemical establishment, shall be
forwarded to the Board within fifteen (15) days following the last
day of June and December of each year, with a copy thereof
furnished the city or municipal health officer concerned.
(b) A physician, dentist, veterinarian or practitioner authorized
to prescribe any dangerous drug shall issue the prescription
therefor in one (1) original and two (2) duplicate copies. The
original, after the prescription has been filled, shall be retained by
the pharmacist for a period of one (1) year from the date of sale
or delivery of such drug. One (1) copy shall be retained by the
buyer or by the person to whom the drug is delivered until such
drug is consumed, while the second copy shall be retained by the
person issuing the prescription.
For purposes of this Act, all prescriptions issued by physicians,
dentists, veterinarians or practitioners shall be written on forms
exclusively issued by and obtainable from the DOH. Such forms
shall be made of a special kind of paper and shall be distributed
in such quantities and contain such information and other data
as the DOH may, by rules and regulations, require. Such forms
shall only be issued by the DOH through its authorized
employees to licensed physicians, dentists, veterinarians and
practitioners in such quantities as the Board may authorize. In
emergency cases, however, as the Board may specify in the public
interest, a prescription need not be accomplished on such forms.
The prescribing physician, dentist, veterinarian or practitioner
shall, within three (3) days after issuing such prescription, inform
the DOH of the same in writing. No prescription once served by
the drugstore or pharmacy be reused nor any prescription once
issued be refilled.
(c) All manufacturers, wholesalers, distributors, importers,
dealers and retailers of dangerous drugs and/or controlled
precursors and essential chemicals shall keep a record of all
inventories, sales, purchases, acquisitions and deliveries of the
same as well as the names, addresses and licenses of the persons
from whom such items were purchased or acquired or to whom
such items were sold or delivered, the name and quantity of the
same and the date of the transactions. Such records may be
subjected anytime for review by the Board.
Section 18. Unnecessary Prescription of
Dangerous Drugs. – The penalty of imprisonment
ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) and the additional
penalty of the revocation of his/her license to practice
shall be imposed upon the practitioner, who shall
prescribe any dangerous drug to any person whose
physical or physiological condition does not require the
use or in the dosage prescribed therein, as determined
by the Board in consultation with recognized
competent experts who are authorized representatives
of professional organizations of practitioners,
particularly those who are involved in the care of
persons with severe pain.
Section 19. Unlawful Prescription of Dangerous
Drugs. – The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless
authorized by law, shall make or issue a prescription
or any other writing purporting to be a
prescription for any dangerous drug.
Section 20. Confiscation and Forfeiture of the
Proceeds or Instruments of the Unlawful Act,
Including the Properties or Proceeds Derived
from the Illegal Trafficking of Dangerous Drugs
and/or Precursors and Essential Chemicals. –
Every penalty imposed for the unlawful importation,
sale, trading, administration, dispensation, delivery,
distribution, transportation or manufacture of any
dangerous drug and/or controlled precursor and
essential chemical, the cultivation or culture of plants
which are sources of dangerous drugs, and the
possession of any equipment, instrument, apparatus
and other paraphernalia for dangerous drugs including
other laboratory equipment, shall carry with it the
confiscation and forfeiture, in favor of the
government, of all the proceeds and properties
derived from the unlawful act, including, but not
limited to, money and other assets obtained
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
thereby, and the instruments or tools with which
the particular unlawful act was committed, unless
they are the property of a third person not liable
for the unlawful act, but those which are not of lawful
commerce shall be ordered destroyed without delay
pursuant to the provisions of Section 21 of this Act.
After conviction in the Regional Trial Court in the
appropriate criminal case filed, the Court shall
immediately schedule a hearing for the confiscation
and forfeiture of all the proceeds of the offense and all
the assets and properties of the accused either owned
or held by him or in the name of some other persons
if the same shall be found to be manifestly out of
proportion to his/her lawful income: Provided,
however, That if the forfeited property is a vehicle,
the same shall be auctioned off not later than five
(5) days upon order of confiscation or forfeiture.
During the pendency of the case in the Regional Trial
Court, no property, or income derived therefrom,
which may be confiscated and forfeited, shall be
disposed, alienated or transferred and the same
shall be in custodia legis and no bond shall be
admitted for the release of the same.
The proceeds of any sale or disposition of any property
confiscated or forfeited under this Section shall be
used to pay all proper expenses incurred in the
proceedings for the confiscation, forfeiture,
custody and maintenance of the property pending
disposition, as well as expenses for publication and
court costs. The proceeds in excess of the above
expenses shall accrue to the Board to be used in its
campaign against illegal drugs.
Section 21. Custody and Disposition of
Confiscated, Seized, and/or Surrendered
Dangerous Drugs, Plant Sources of Dangerous
Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment. – The PDEA shall take
charge and have custody of all dangerous drugs, plant
sources of dangerous drugs, controlled precursors and
essential chemicals, as well as
instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or surrendered,
for proper disposition in the following manner:
(1) The apprehending team having initial custody and
control of the drugs shall, immediately after seizure and
confiscation, physically inventory and photograph the
same in the presence of the accused or the person/s
from whom such items were confiscated and/or
seized, or his/her representative or counsel, a
representative from the media and the Department of
Justice (DOJ), and any elected public official who shall
be required to sign the copies of the inventory and be
given a copy thereof;
(2) Within twenty-four (24) hours upon
confiscation/seizure of dangerous drugs, plant sources
of dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia
and/or laboratory equipment, the same shall be
submitted to the PDEA Forensic Laboratory for a
qualitative and quantitative examination;
(3) A certification of the forensic laboratory
examination results, which shall be done under oath by
the forensic laboratory examiner, shall be issued within
twenty-four (24) hours after the receipt of the subject
item/s: Provided, That when the volume of the
dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals does
not allow the completion of testing within the time
frame, a partial laboratory examination report shall be
provisionally issued stating therein the quantities of
dangerous drugs still to be examined by the forensic
laboratory: Provided, however, That a final
certification shall be issued on the completed forensic
laboratory examination on the same within the next
twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall,
within seventy-two (72) hours, conduct an ocular
inspection of the confiscated, seized and/or
surrendered dangerous drugs, plant sources of
dangerous drugs, and controlled precursors and
essential chemicals, including the
instruments/paraphernalia and/or laboratory
equipment, and through the PDEA shall within
twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence of
the accused or the person/s from whom such items
were confiscated and/or seized, or his/her
representative or counsel, a representative from the
media and the DOJ, civil society groups and any
elected public official. The Board shall draw up the
guidelines on the manner of proper disposition and
destruction of such item/s which shall be borne by the
offender: Provided, That those item/s of lawful
commerce, as determined by the Board, shall be
donated, used or recycled for legitimate purposes:
Provided, further, That a representative sample, duly
weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as
to the fact of destruction or burning of the subject
item/s which, together with the representative
sample/s in the custody of the PDEA, shall be
submitted to the court having jurisdiction over the
case. In all instances, the representative sample/s shall
be kept to a minimum quantity as determined by the
Board;
(6) The alleged offender or his/her representative or
counsel shall be allowed to personally observe all of the
above proceedings and his/her presence shall not
constitute an admission of guilt. In case the said
offender or accused refuses or fails to appoint a
representative after due notice in writing to the accused
or his/her counsel within seventy-two (72) hours
before the actual burning or destruction of the
evidence in question, the Secretary of Justice shall
appoint a member of the public attorney's office to
represent the former;
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(7) After the promulgation and judgment in the
criminal case wherein the representative sample/s was
presented as evidence in court, the trial prosecutor
shall inform the Board of the final termination of the
case and, in turn, shall request the court for leave to
turn over the said representative sample/s to the
PDEA for proper disposition and destruction within
twenty-four (24) hours from receipt of the same; and
(8) Transitory Provision: a) Within twenty-four (24)
hours from the effectivity of this Act, dangerous drugs
defined herein which are presently in possession of law
enforcement agencies shall, with leave of court, be
burned or destroyed, in the presence of representatives
of the Court, DOJ, Department of Health (DOH) and
the accused/and or his/her counsel, and, b) Pending
the organization of the PDEA, the custody,
disposition, and burning or destruction of
seized/surrendered dangerous drugs provided under
this Section shall be implemented by the DOH.
Section 22. Grant of Compensation, Reward and
Award. – The Board shall recommend to the
concerned government agency the grant of
compensation, reward and award to any person
providing information and to law enforcers
participating in the operation, which results in the
successful confiscation, seizure or surrender of
dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals.
Section 23. Plea-Bargaining Provision. – Any
person charged under any provision of this Act
regardless of the imposable penalty shall not be
allowed to avail of the provision on plea-bargaining.
Section 24. Non-Applicability of the Probation
Law for Drug Traffickers and Pushers. – Any
person convicted for drug trafficking or pushing under
this Act, regardless of the penalty imposed by the
Court, cannot avail of the privilege granted by the
Probation Law or Presidential Decree No. 968, as
amended.
Section 25. Qualifying Aggravating
Circumstances in the Commission of a Crime by
an Offender Under the Influence of Dangerous
Drugs. – Notwithstanding the provisions of any law
to the contrary, a positive finding for the use of
dangerous drugs shall be a qualifying aggravating
circumstance in the commission of a crime by an
offender, and the application of the penalty provided
for in the Revised Penal Code shall be applicable.
Section 26. Attempt or Conspiracy. – Any attempt or
conspiracy to commit the following unlawful acts shall
be penalized by the same penalty prescribed for the
commission of the same as provided under this Act:
(a) Importation of any dangerous drug and/or
controlled precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery,
distribution and transportation of any dangerous drug
and/or controlled precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any
dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or
controlled precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources
of dangerous drugs.
Section 27. Criminal Liability of a Public Officer
or Employee for Misappropriation,
Misapplication or Failure to Account for the
Confiscated, Seized and/or Surrendered
Dangerous Drugs, Plant Sources of Dangerous
Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment Including the Proceeds or
Properties Obtained from the Unlawful Act
Committed. – The penalty of life imprisonment to
death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00), in addition to absolute perpetual
disqualification from any public office, shall be
imposed upon any public officer or employee who
misappropriates, misapplies or fails to account for
confiscated, seized or surrendered dangerous
drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory
equipment including the proceeds or properties
obtained from the unlawful acts as provided for in
this Act.
Any elective local or national official found to have
benefited from the proceeds of the trafficking of
dangerous drugs as prescribed in this Act, or have
received any financial or material contributions or
donations from natural or juridical persons found
guilty of trafficking dangerous drugs as prescribed in
this Act, shall be removed from office and
perpetually disqualified from holding any elective
or appointive positions in the government, its
divisions, subdivisions, and intermediaries,
including government-owned or –controlled
corporations.
Section 28. Criminal Liability of Government
Officials and Employees. – The maximum penalties
of the unlawful acts provided for in this Act shall be
imposed, in addition to absolute perpetual
disqualification from any public office, if those found
guilty of such unlawful acts are government
officials and employees.
Section 29. Criminal Liability for Planting of
Evidence. – Any person who is found guilty of
"planting" any dangerous drug and/or controlled
precursor and essential chemical, regardless of quantity
and purity, shall suffer the penalty of death.
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Section 30. Criminal Liability of Officers of
Partnerships, Corporations, Associations or Other
Juridical Entities. – In case any violation of this Act
is committed by a partnership, corporation,
association or any juridical entity, the partner,
president, director, manager, trustee, estate
administrator, or officer who consents to or
knowingly tolerates such violation shall be held
criminally liable as a co-principal.
The penalty provided for the offense under this Act
shall be imposed upon the partner, president, director,
manager, trustee, estate administrator, or officer who
knowingly authorizes, tolerates or consents to the
use of a vehicle, vessel, aircraft, equipment or other
facility, as an instrument in the importation, sale,
trading, administration, dispensation, delivery,
distribution, transportation or manufacture of
dangerous drugs, or chemical diversion, if such vehicle,
vessel, aircraft, equipment or other instrument is
owned by or under the control or supervision of the
partnership, corporation, association or juridical entity
to which they are affiliated.
Section 31. Additional Penalty if Offender is an Alien.
– In addition to the penalties prescribed in the
unlawful act committed, any alien who violates such
provisions of this Act shall, after service of sentence,
be deported immediately without further
proceedings, unless the penalty is death.
Section 32. Liability to a Person Violating Any
Regulation Issued by the Board. – The penalty of
imprisonment ranging from six (6) months and one (1)
day to four (4) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person found
violating any regulation duly issued by the Board
pursuant to this Act, in addition to the
administrative sanctions imposed by the Board.
Section 33. Immunity from Prosecution and
Punishment. – Notwithstanding the provisions of
Section 17, Rule 119 of the Revised Rules of Criminal
Procedure and the provisions of Republic Act No.
6981 or the Witness Protection, Security and Benefit
Act of 1991, any person who has violated Sections 7,
11, 12, 14, 15, and 19, Article II of this Act, who
voluntarily gives information about any violation of
Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this
Act as well as any violation of the offenses
mentioned if committed by a drug syndicate, or
any information leading to the whereabouts,
identities and arrest of all or any of the members
thereof; and who willingly testifies against such
persons as described above, shall be exempted from
prosecution or punishment for the offense with
reference to which his/her information of testimony
were given, and may plead or prove the giving of such
information and testimony in bar of such prosecution:
Provided, That the following conditions concur:
(1) The information and testimony are necessary for
the conviction of the persons described above;
(2) Such information and testimony are not yet in
the possession of the State;
(3) Such information and testimony can be
corroborated on its material points;
(4) the informant or witness has not been previously
convicted of a crime involving moral turpitude,
except when there is no other direct evidence available
for the State other than the information and testimony
of said informant or witness; and
(5) The informant or witness shall strictly and
faithfully comply without delay, any condition or
undertaking, reduced into writing, lawfully
imposed by the State as further consideration for
the grant of immunity from prosecution and
punishment.
Provided, further, That this immunity may be
enjoyed by such informant or witness who does
not appear to be most guilty for the offense with
reference to which his/her information or testimony
were given: Provided, finally, That there is no direct
evidence available for the State except for the
information and testimony of the said informant or
witness.
Section 34. Termination of the Grant of Immunity.
– The immunity granted to the informant or witness,
as prescribed in Section 33 of this Act, shall not attach
should it turn out subsequently that the
information and/or testimony is false, malicious
or made only for the purpose of harassing,
molesting or in any way prejudicing the persons
described in the preceding Section against whom such
information or testimony is directed against. In such
case, the informant or witness shall be subject to
prosecution and the enjoyment of all rights and
benefits previously accorded him under this Act or any
other law, decree or order shall be deemed terminated.
In case an informant or witness under this Act fails
or refuses to testify without just cause, and when
lawfully obliged to do so, or should he/she violate any
condition accompanying such immunity as provided
above, his/her immunity shall be removed and he/she
shall likewise be subject to contempt and/or criminal
prosecution, as the case may be, and the enjoyment of
all rights and benefits previously accorded him under
this Act or in any other law, decree or order shall be
deemed terminated.
In case the informant or witness referred to under this
Act falls under the applicability of this Section hereof,
such individual cannot avail of the provisions under
Article VIII of this Act.
Section 35. Accessory Penalties. – A person
convicted under this Act shall be disqualified to
exercise his/her civil rights such as but not limited
to, the rights of parental authority or guardianship,
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either as to the person or property of any ward, the
rights to dispose of such property by any act or any
conveyance inter vivos, and political rights such as
but not limited to, the right to vote and be voted
for. Such rights shall also be suspended during the
pendency of an appeal from such conviction.
ARTICLE VIII
Program for Treatment and Rehabilitation of Drug
Dependents
Section 54. Voluntary Submission of a Drug
Dependent to Confinement, Treatment and
Rehabilitation. – A drug dependent or any person
who violates Section 15 of this Act may, by
himself/herself or through his/her parent, spouse,
guardian or relative within the fourth degree of
consanguinity or affinity, apply to the Board or its
duly recognized representative, for treatment and
rehabilitation of the drug dependency. Upon such
application, the Board shall bring forth the matter
to the Court which shall order that the applicant
be examined for drug dependency. If the
examination by a DOH-accredited physician results
in the issuance of a certification that the applicant is a
drug dependent, he/she shall be ordered by the Court
to undergo treatment and rehabilitation in a
Center designated by the Board for a period of not
less than six (6) months: Provided, That a drug
dependent may be placed under the care of a DOH-
accredited physician where there is no Center near
or accessible to the residence of the drug
dependent or where said drug dependent is below
eighteen (18) years of age and is a first-time
offender and non-confinement in a Center will not
pose a serious danger to his/her family or the
community.
Confinement in a Center for treatment and
rehabilitation shall not exceed one (1) year, after
which time the Court, as well as the Board, shall be
apprised by the head of the treatment and
rehabilitation center of the status of said drug
dependent and determine whether further
confinement will be for the welfare of the drug
dependent and his/her family or the community.
Section 55. Exemption from the Criminal Liability
Under the Voluntary Submission Program. A drug
dependent under the voluntary submission program,
who is finally discharged from confinement, shall
be exempt from the criminal liability under Section 15
of this act subject to the following conditions:
(1) He/she has complied with the rules and
regulations of the center, the applicable rules and
regulations of the Board, including the after-care
and follow-up program for at least eighteen (18)
months following temporary discharge from
confinement in the Center or, in the case of a
dependent placed under the care of the DOH-
accredited physician, the after-care program and
follow-up schedule formulated by the DSWD and
approved by the Board: Provided, That capability-
building of local government social workers shall be
undertaken by the DSWD;
(2) He/she has never been charged or convicted of
any offense punishable under this Act, the
Dangerous Drugs Act of 1972 or Republic Act No.
6425, as amended; the Revised Penal Code, as
amended; or any special penal laws;
(3) He/she has no record of escape from a Center:
Provided, That had he/she escaped, he/she
surrendered by himself/herself or through his/her
parent, spouse, guardian or relative within the
fourth degree of consanguinity or affinity, within
one (1) week from the date of the said escape; and
(4) He/she poses no serious danger to
himself/herself, his/her family or the community
by his/her exemption from criminal liability.
Section 56. Temporary Release From the Center;
After-Care and Follow-Up Treatment Under the
Voluntary Submission Program. – Upon
certification of the Center that the drug dependent
within the voluntary submission program may be
temporarily released, the Court shall order his/her
release on condition that said drug dependent shall
report to the DOH for after-care and follow-up
treatment, including urine testing, for a period not
exceeding eighteen (18) months under such terms
and conditions that the Court may impose.
If during the period of after-care and follow-up, the
drug dependent is certified to be rehabilitated,
he/she may be discharged by the Court, subject to the
provisions of Section 55 of this Act, without prejudice
to the outcome of any pending case filed in court.
However, should the DOH find that during the initial
after-care and follow-up program of eighteen (18)
months, the drug dependent requires further
treatment and rehabilitation in the Center, he/she
shall be recommitted to the Center for
confinement. Thereafter, he/she may again be
certified for temporary release and ordered released for
another after-care and follow-up program pursuant to
this Section.
Section 57. Probation and Community Service
Under the Voluntary Submission Program. – A
drug dependent who is discharged as rehabilitated by
the DOH-accredited Center through the voluntary
submission program, but does not qualify for
exemption from criminal liability under Section 55
of this Act, may be charged under the provisions of
this Act, but shall be placed on probation and
undergo a community service in lieu of
imprisonment and/or fine in the discretion of the
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court, without prejudice to the outcome of any
pending case filed in court.
Such drug dependent shall undergo community service
as part of his/her after-care and follow-up
program, which may be done in coordination with
nongovernmental civil organizations accredited
by the DSWD, with the recommendation of the
Board.
Section 58. Filing of Charges Against a Drug
Dependent Who is Not Rehabilitated Under the
Voluntary Submission Program. – A drug
dependent, who is not rehabilitated after the
second commitment to the Center under the
voluntary submission program, shall, upon
recommendation of the Board, be charged for
violation of Section 15 of this Act and prosecuted
like any other offender. If convicted, he/she shall
be credited for the period of confinement and
rehabilitation in the Center in the service of his/her
sentence.
Section 59. Escape and Recommitment for
Confinement and Rehabilitation Under the
Voluntary Submission Program. – Should a drug
dependent under the voluntary submission program
escape from the Center, he/she may submit
himself/herself for recommitment within one (1)
week therefrom, or his/her parent, spouse,
guardian or relative within the fourth degree of
consanguinity or affinity may, within said period,
surrender him for recommitment, in which case
the corresponding order shall be issued by the
Board.
Should the escapee fail to submit himself/herself or be
surrendered after one (1) week, the Board shall apply
to the court for a recommitment order upon proof
of previous commitment or his/her voluntary
submission by the Board, the court may issue an
order for recommitment within one (1) week.
If, subsequent to a recommitment, the dependent once
again escapes from confinement, he/she shall be
charged for violation of Section 15 of this Act and
he subjected under section 61 of this Act, either
upon order of the Board or upon order of the court,
as the case may be.
Section 60. Confidentiality of Records Under the
Voluntary Submission Program. – Judicial and
medical records of drug dependents under the
voluntary submission program shall be confidential
and shall not be used against him for any purpose,
except to determine how many times, by
himself/herself or through his/her parent, spouse,
guardian or relative within the fourth degree of
consanguinity or affinity, he/she voluntarily submitted
himself/herself for confinement, treatment and
rehabilitation or has been committed to a Center
under this program.
Section 61. Compulsory Confinement of a Drug
Dependent Who Refuses to Apply Under the
Voluntary Submission Program. – Notwithstanding
any law, rule and regulation to the contrary, any
person determined and found to be dependent on
dangerous drugs shall, upon petition by the Board
or any of its authorized representative, be confined
for treatment and rehabilitation in any Center duly
designated or accredited for the purpose.
A petition for the confinement of a person alleged to
be dependent on dangerous drugs to a Center may be
filed by any person authorized by the Board with
the Regional Trial Court of the province or city
where such person is found.
After the petition is filed, the court, by an order, shall
immediately fix a date for the hearing, and a copy of
such order shall be served on the person alleged to be
dependent on dangerous drugs, and to the one having
charge of him.
If after such hearing and the facts so warrant, the court
shall order the drug dependent to be examined by
two (2) physicians accredited by the Board. If both
physicians conclude that the respondent is not a drug
dependent, the court shall order his/her discharge. If
either physician finds him to be a dependent, the court
shall conduct a hearing and consider all relevant
evidence which may be offered. If the court finds
him a drug dependent, it shall issue an order for
his/her commitment to a treatment and
rehabilitation center under the supervision of the
DOH. In any event, the order of discharge or order
of confinement or commitment shall be issued not
later than fifteen (15) days from the filing of the
appropriate petition.
Section 62. Compulsory Submission of a Drug
Dependent Charged with an Offense to Treatment
and Rehabilitation. – If a person charged with an
offense where the imposable penalty is
imprisonment of less than six (6) years and one (1)
day, and is found by the prosecutor or by the court,
at any stage of the proceedings, to be a drug
dependent, the prosecutor or the court as the case
may be, shall suspend all further proceedings and
transmit copies of the record of the case to the Board.
In the event the Board determines, after medical
examination, that public interest requires that such
drug dependent be committed to a center for
treatment and rehabilitation, it shall file a petition
for his/her commitment with the regional trial court
of the province or city where he/she is being
investigated or tried: Provided, That where a criminal
case is pending in court, such petition shall be filed in
the said court. The court shall take judicial notice of the
prior proceedings in the case and shall proceed to hear
the petition. If the court finds him to be a drug
dependent, it shall order his/her commitment to a
Center for treatment and rehabilitation. The head
of said Center shall submit to the court every four (4)
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months, or as often as the court may require, a written
report on the progress of the treatment. If the
dependent is rehabilitated, as certified by the center
and the Board, he/she shall be returned to the court,
which committed him, for his/her discharge
therefrom.
Thereafter, his/her prosecution for any offense
punishable by law shall be instituted or shall continue,
as the case may be. In case of conviction, the judgment
shall, if the accused is certified by the treatment and
rehabilitation center to have maintained good
behavior, indicate that he/she shall be given full credit
for the period he/she was confined in the Center:
Provided, however, That when the offense is for
violation of Section 15 of this Act and the accused is
not a recidivist, the penalty thereof shall be deemed to
have been served in the Center upon his/her release
therefrom after certification by the Center and the
Board that he/she is rehabilitated.
Section 63. Prescription of the Offense Charged
Against a Drug Dependent Under the Compulsory
Submission Program. – The period of prescription of
the offense charged against a drug dependent under the
compulsory submission program shall not run during
the time that the drug dependent is under confinement
in a Center or otherwise under the treatment and
rehabilitation program approved by the Board.
Upon certification of the Center that he/she may
temporarily be discharged from the said Center, the
court shall order his/her release on condition that
he/she shall report to the Board through the DOH for
after-care and follow-up treatment for a period not
exceeding eighteen (18) months under such terms and
conditions as may be imposed by the Board.
If at anytime during the after-care and follow-up
period, the Board certifies to his/her complete
rehabilitation, the court shall order his/her final
discharge from confinement and order for the
immediate resumption of the trial of the case for which
he/she is originally charged. Should the Board through
the DOH find at anytime during the after-care and
follow-up period that he/she requires further
treatment and rehabilitation, it shall report to the court,
which shall order his/her recommitment to the Center.
Should the drug dependent, having been committed to
a Center upon petition by the Board escape therefrom,
he/she may resubmit himself/herself for confinement
within one (1) week from the date of his/her escape;
or his/her parent, spouse, guardian or relative within
the fourth degree of consanguinity or affinity may,
within the same period, surrender him for
recommitment. If, however, the drug dependent does
not resubmit himself/herself for confinement or
he/she is not surrendered for recommitment, the
Board may apply with the court for the issuance of the
recommitment order. Upon proof of previous
commitment, the court shall issue an order for
recommitment. If, subsequent to such recommitment,
he/she should escape again, he/she shall no longer be
exempt from criminal liability for use of any dangerous
drug.
A drug dependent committed under this particular
Section who is finally discharged from confinement
shall be exempt from criminal liability under Section 15
of this Act, without prejudice to the outcome of any
pending case filed in court. On the other hand, a drug
dependent who is not rehabilitated after a second
commitment to the Center shall, upon conviction by
the appropriate court, suffer the same penalties
provided for under Section 15 of this Act again without
prejudice to the outcome of any pending case filed in
court.
Section 64. Confidentiality of Records Under the
Compulsory Submission Program. – The records of a
drug dependent who was rehabilitated and discharged
from the Center under the compulsory submission
program, or who was charged for violation of Section
15 of this Act, shall be covered by Section 60 of this
Act. However, the records of a drug dependent who
was not rehabilitated, or who escaped but did not
surrender himself/herself within the prescribed period,
shall be forwarded to the court and their use shall be
determined by the court, taking into consideration
public interest and the welfare of the drug dependent.
Section 65. Duty of the Prosecutor in the Proceedings.
– It shall be the duty of the provincial or the city
prosecutor or their assistants or state prosecutors to
prepare the appropriate petition in all proceedings
arising from this Act.
Section 66. Suspension of Sentence of a First-Time
Minor Offender. – An accused who is over fifteen (15)
years of age at the time of the commission of the
offense mentioned in Section 11 of this Act, but not
more than eighteen (18) years of age at the time when
judgment should have been promulgated after having
been found guilty of said offense, may be given the
benefits of a suspended sentence, subject to the
following conditions:
(a) He/she has not been previously convicted of
violating any provision of this Act, or of the Dangerous
Drugs Act of 1972, as amended; or of the Revised
Penal Code; or of any special penal laws;
(b) He/she has not been previously committed to a
Center or to the care of a DOH-accredited physician;
and
(c) The Board favorably recommends that his/her
sentence be suspended.
While under suspended sentence, he/she shall be
under the supervision and rehabilitative surveillance of
the Board, under such conditions that the court may
impose for a period ranging from six (6) months to
eighteen (18) months.
Upon recommendation of the Board, the court may
commit the accused under suspended sentence to a
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Center, or to the care of a DOH-accredited physician
for at least six (6) months, with after-care and follow-
up program for not more than eighteen (18) months.
In the case of minors under fifteen (15) years of age at
the time of the commission of any offense penalized
under this Act, Article 192 of Presidential Decree No.
603, otherwise known as the Child and Youth Welfare
Code, as amended by Presidential Decree No. 1179
shall apply, without prejudice to the application of the
provisions of this Section.
Section 67. Discharge After Compliance with
Conditions of Suspended Sentence of a First-Time
Minor Offender. – If the accused first time minor
offender under suspended sentence complies with the
applicable rules and regulations of the Board, including
confinement in a Center, the court, upon a favorable
recommendation of the Board for the final discharge
of the accused, shall discharge the accused and dismiss
all proceedings.
Upon the dismissal of the proceedings against the
accused, the court shall enter an order to expunge all
official records, other than the confidential record to
be retained by the DOJ relating to the case. Such an
order, which shall be kept confidential, shall restore the
accused to his/her status prior to the case. He/she
shall not be held thereafter to be guilty of perjury or of
concealment or misrepresentation by reason of his/her
failure to acknowledge the case or recite any fact
related thereto in response to any inquiry made of him
for any purpose.
Section 68. Privilege of Suspended Sentence to be
Availed of Only Once by a First-Time Minor Offender.
– The privilege of suspended sentence shall be availed
of only once by an accused drug dependent who is a
first-time offender over fifteen (15) years of age at the
time of the commission of the violation of Section 15
of this Act but not more than eighteen (18) years of age
at the time when judgment should have been
promulgated.
Section 69. Promulgation of Sentence for First-Time
Minor Offender. – If the accused first-time minor
offender violates any of the conditions of his/her
suspended sentence, the applicable rules and
regulations of the Board exercising supervision and
rehabilitative surveillance over him, including the rules
and regulations of the Center should confinement be
required, the court shall pronounce judgment of
conviction and he/she shall serve sentence as any other
convicted person.
Section 70. Probation or Community Service for a
First-Time Minor Offender in Lieu of
Imprisonment. – Upon promulgation of the sentence,
the court may, in its discretion, place the accused under
probation, even if the sentence provided under this Act
is higher than that provided under existing law on
probation, or impose community service in lieu of
imprisonment. In case of probation, the supervision
and rehabilitative surveillance shall be undertaken by
the Board through the DOH in coordination with the
Board of Pardons and Parole and the Probation
Administration. Upon compliance with the conditions
of the probation, the Board shall submit a written
report to the court recommending termination of
probation and a final discharge of the probationer,
whereupon the court shall issue such an order.
The community service shall be complied with under
conditions, time and place as may be determined by the
court in its discretion and upon the recommendation
of the Board and shall apply only to violators of Section
15 of this Act. The completion of the community
service shall be under the supervision and rehabilitative
surveillance of the Board during the period required by
the court. Thereafter, the Board shall render a report
on the manner of compliance of said community
service. The court in its discretion may require
extension of the community service or order a final
discharge.
In both cases, the judicial records shall be covered by
the provisions of Sections 60 and 64 of this Act.
If the sentence promulgated by the court requires
imprisonment, the period spent in the Center by the
accused during the suspended sentence period shall be
deducted from the sentence to be served.
Section 71. Records to be kept by the Department of
Justice. – The DOJ shall keep a confidential record of
the proceedings on suspension of sentence and shall
not be used for any purpose other than to determine
whether or not a person accused under this Act is a
first-time minor offender.
Section 72. Liability of a Person Who Violates the
Confidentiality of Records. – The penalty of
imprisonment ranging from six (6) months and one (1)
day to six (6) years and a fine ranging from One
thousand pesos (P1,000.00) to Six thousand pesos
(P6,000.00), shall be imposed upon any person who,
having official custody of or access to the confidential
records of any drug dependent under voluntary
submission programs, or anyone who, having gained
possession of said records, whether lawfully or not,
reveals their content to any person other than those
charged with the prosecution of the offenses under this
Act and its implementation. The maximum penalty
shall be imposed, in addition to absolute perpetual
disqualification from any public office, when the
offender is a government official or employee. Should
the records be used for unlawful purposes, such as
blackmail of the drug dependent or the members of
his/her family, the penalty imposed for the crime of
violation of confidentiality shall be in addition to
whatever crime he/she may be convicted of.
Section 73. Liability of a Parent, Spouse or Guardian
Who Refuses to Cooperate with the Board or any
Concerned Agency. – Any parent, spouse or guardian
who, without valid reason, refuses to cooperate with
the Board or any concerned agency in the treatment
and rehabilitation of a drug dependent who is a minor,
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

or in any manner, prevents or delays the after-care, (4) Prescribe and promulgate rules and regulations
follow-up or other programs for the welfare of the governing the establishment of such Centers as it may
accused drug dependent, whether under voluntary deem necessary after conducting a feasibility study
submission program or compulsory submission thereof;
program, may be cited for contempt by the court.
(5) The DOH shall, without prejudice to the criminal
Section 74. Cost-Sharing in the Treatment and prosecution of those found guilty of violating this Act,
Rehabilitation of a Drug Dependent. – The parent, order the closure of a Center for treatment and
spouse, guardian or any relative within the fourth rehabilitation of drug dependency when, after
degree of consanguinity of any person who is confined investigation it is found guilty of violating the
under the voluntary submission program or provisions of this Act or regulations issued by the
compulsory submission program shall be charged a Board; and
certain percentage of the cost of his/her treatment and
(6) Charge reasonable fees for drug dependency
rehabilitation, the guidelines of which shall be
examinations, other medical and legal services
formulated by the DSWD taking into consideration the
provided to the public, which shall accrue to the Board.
economic status of the family of the person confined.
All income derived from these sources shall be part of
The guidelines therein formulated shall be
the funds constituted as special funds for the
implemented by a social worker of the local
implementation of this Act under Section 87.
government unit.
Section 75. Treatment and Rehabilitation Centers. –
The existing treatment and rehabilitation centers for
drug dependents operated and maintained by the NBI
and the PNP shall be operated, maintained and
managed by the DOH in coordination with other
concerned agencies. For the purpose of enlarging the
network of centers, the Board through the DOH shall
encourage, promote or whenever feasible, assist or
support in the establishment, operations and
maintenance of private centers which shall be eligible
to receive grants, donations or subsidy from either
government or private sources. It shall also support the
establishment of government-operated regional
treatment and rehabilitation centers depending upon
the availability of funds. The national government,
through its appropriate agencies shall give priority
funding for the increase of subsidy to existing
government drug rehabilitation centers, and shall
establish at least one (1) drug rehabilitation center in
each province, depending on the availability of funds.
Section 76. The Duties and Responsibilities of the
Department of health (DOH) Under this Act. – The
DOH shall:
(1) Oversee the monitor the integration, coordination
and supervision of all drug rehabilitation, intervention,
after-care and follow-up programs, projects and
activities as well as the establishment, operations,
maintenance and management of privately-owned drug
treatment rehabilitation centers and drug testing
networks and laboratories throughout the country in
coordination with the DSWD and other agencies;
(2) License, accredit, establish and maintain drug test
network and laboratory, initiate, conduct and support
scientific research on drugs and drug control;
(3) Encourage, assist and accredit private centers,
promulgate rules and regulations setting minimum
standards for their accreditation to assure their
competence, integrity and stability;

The Revised Penal Code | VENTEROSO | 66

 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
TITLE VI
Crimes against Public Morals
CHAPTER ONE GAMBLING AND
BETTING
Gambling – any game or scheme, whether upon
chance or skill wherein wagers consisting of
1) money,
2) articles or
3) value or
4) representative of value are at stake or made.
 PD 1602, dated June 11, 1978, provides stiffer
penalties for violations of the gambling
laws.
1) Any person who, in any manner, shall directly or
indirectly take part in any illegal or unauthorized
activities or games of —
 cockfighting, jueteng, jai-alai or horse
racing to include bookie operations and
game fixing, numbers, bingo and other
forms of lotteries;
 cara y cruz, pompiang and the like;
 7-11 and any game using dice;
 black jack, lucky nine, poker and its
derivatives, monte, baccarat, cuajo,
pangguigue and other card games;
 pak que, high and low, mahjong,
domino and other games using plastic
tiles and the like;
 slot machines, roulette, pinball and
other mechanical contraptions and
devices;
 dog racing, boat racing, car racing and
other forms of races;
 basketball, boxing, volleyball, bowling,
pingpong and other forms of individual
or team contests to include game
fixing, point shaving and other
machinations;
 Note: There must be a consideration involved.
 banking or percentage game, or any
other game or scheme, whether upon
chance or skill, wherein wagers
consisting of money, articles of value
or representative of value are at stake
or made;
 RA 9287 increased the penalties for illegal
number games, amending certain provisions
of PD 1602
Illegal number games
"Illegal number games" is any form of
illegal gambling activity which uses numbers
or combinations thereof as factors in giving
out jackpots/ prizes/returns. (Sec. 4(a), RA
9287) It includes games such: as jueteng, masiao
and last two.
REPUBLIC ACT No. 9287
AN ACT INCREASING THE PENALTIES
FOR ILLEGAL NUMBERS GAMES,
AMENDING CERTAIN PROVISIONS OF
PRESIDENTIAL DECREE NO. 1602, AND
FOR OTHER PURPOSES
Sec. 2. Definition of Terms. - As used in this Act,
the following terms shall mean:
a) Illegal Numbers Game. - Any form illegal
gambling activity which uses numbers or
combinations thereof as factors in giving out
jackpots.
b) Jueteng. - An illegal numbers game that
involves the combination of thirty-seven
(37) numbers against thirty-seven (37)
numbers from number one (1) to thirty seven
(37) or the combination of thirty-eight (38)
numbers in some areas, serving as a form of
local lottery where bets are placed and accepted
per combination, and its variants.
c) Masiao. - An illegal numbers game where
the winning combination is derived from the
results of the last game of Jai Alai or the
Special Llave portion or any result thereof
based on any fictitious Jai Alai game consisting
of ten (10) players pitted against one another,
and its variants.
d) Last Two. - An illegal numbers game where
the winning combination is derived from the
last two (2) numbers of the first prize of the
winning Sweepstakes ticket which comes
out during the weekly draw of the
Philippine Charity Sweepstakes Office
(PCSO), and its variants.
e) Bettor ("Mananaya", "Tayador" or variants
thereof). - Any person who places bets for
himself/herself or in behalf of another
person, or any person, other than the
personnel or staff of any illegal numbers
game operation.
f) Personnel or Staff of Illegal Numbers
Game Operation. - Any person, who acts in
the interest of the maintainer, manager or
operator, such as, but not limited to, an
accountant, cashier, checker, guard,
runner, table manager, usher, watcher, or
any other personnel performing such similar
functions in a building structure, vessel,
vehicle, or any other place where an illegal
numbers game is operated or conducted.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

g) Collector or Agent ("Cabo", "Cobrador", Sec. 4. Possession of Gambling Paraphernalia or

"Coriador" or variants thereof). - Any person
who collects, solicits or produces bets in
behalf of his/her principal for any illegal
numbers game who is usually in possession
of gambling paraphernalia.
h) Coordinator, Controller or Supervisor
("Encargado" or variants thereof). - Any
person who exercises control and
supervision over the collector or agent.
i) Maintainer, Manager or Operator. - Any
person who maintains, manages or operates
any illegal number game in a specific area from
whom the coordinator, controller or
supervisor, and collector or agent take orders.
j) Financiers or Capitalist. - Any person who
finances the operations of any illegal
numbers game.
k) Protector or Coddler. - Any person who
lends or provides protection, or receives
benefits in any manner in the operation of any
illegal numbers game.
Materials. - The possession of any gambling
paraphernalia and other materials used in the illegal
numbers game operation shall be deemed prima facie
evidence of any offense covered by this Act.
Liability of Government Officials and Employees
under RA 9287
Sec. 5. Liability of Government Employees and/or Public
Officials. - a) If the collector, agent, coordinator,
controller, supervisor, maintainer, manager, operator,
financier or capitalist of any illegal numbers game is a
government employee and/or public official,
whether elected or appointed shall suffer the penalty
of twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from Three million pesos
(P3,000,000.00) to Five million pesos (P5,000,000.00)
and perpetual absolute disqualification from
public office.
In addition to the penalty provided in the immediately
preceding section, the accessory penalty of
perpetual disqualification from public office shall
be imposed upon any local government official who,
having knowledge of the existence of the operation of
any illegal numbers game in his/her jurisdiction, fails
to abate or to take action, or tolerates the same in
connection therewith.

Penalty Who are liable? b) In the case of failure to apprehend perpetrators of

any illegal numbers game, any law enforcer shall suffer
imprisonment from bettor an administrative penalty of suspension or dismissal, as
thirty (30) days to the case may be, to be imposed by the appropriate
ninety (90) days authority.
imprisonment from personnel or staff of an
six (6) years and one illegal numbers game
(1) day to eight (8) operation Penalty Who are liable?
years any person who allows his (12) years and (1)  collector, agent,
vehicle, house, building or day to twenty (20) coordinator, controller,
land to be used in the years and supervisor, maintainer,
operation of the illegal fine ranging from manager, operator,
numbers games P3,000,000.00 to financier or capitalist of
P5,000,000.00 and any illegal numbers game
imprisonment from collector or agent and
(8) years and (1) day
to (10) years  a government employee
perpetual absolute
and/or public official,
imprisonment from person acts as a coordinator, disqualification from
whether elected or
(10) years and (1) controller or supervisor; public office.
appointed
day to (12) years,
In addition to the  any local government
imprisonment from person acts as a maintainer, penalty provided in official who,
(12) years and (1) manager or operator the immediately
day to (10) (14) preceding section,  having knowledge of the
years, the accessory penalty existence of the
of perpetual operation of any illegal
imprisonment from person acts as a financier or disqualification from numbers game in his/her
(14) years and (1) capitalist public office jurisdiction,
day to (16) years,
 fails to abate or to take
imprisonment from person acts as protector or action or tolerates the
(16) years and (1) coddler. same in connection
day to (20) years, therewith.

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Penalty Who are liable?
Administrative  failure to apprehend
penalty of perpetrators of any illegal
suspension or numbers game,
dismissal, as the
case may be, to be  any law enforcer
imposed by the
appropriate
authority.
Lottery – it is a scheme for the distribution of prizes
by chance among persons who have paid, or agreed to
pay, a valuable consideration for the chance to obtain
a prize.
Elements of Lottery
1) Consideration;
2) Chance;
3) Prize, or some advantage or inequality in
amount or value which is in the nature of a
prize.
Knowledge permitting gambling to be carried on
in a place owned or controlled by the offender.
Elements
1) That a gambling game was carried on in an
inhabited or uninhabited place or in any
building, vessel or other means of
transportation.
2) That the place, building, vessel or other
means of transportation is owned and
controlled by the offender.
3) That the offender permitted the carrying of
such game, knowing that it is a gambling game.
 Maintainer (person who sets up and
furnishes the means with which to
carry on the gambling game or
scheme) and
 conductor (person who manages or
carries on the gambling game or
scheme) of a gambling game or
scheme are likewise punished.
 Proof that game took place or is about to
take place is not necessary
 But proof to the contrary is necessary when the
jueteng lists pertain to games played on
other dates.
PD 483
BETTING, GAME-FIXING OR POINT
SHAVING AND MACHINATIONS IN
SPORT CONTESTS
Section 1. Definitions. For purposes of this Decree, the
following terms shall mean and be understood to be as
hereunder indicated:
a. Betting money or any object or article of value or
representative of value upon the result of any game,
races and other sports contest.
b. Game-fixing any arrangement, combination,
scheme or agreement by which the result of any game,
races or sports contests shall be predicted and/or
known other than on the basis of the honest
playing skill or ability of the players or
participants.
c. Point-shaving any such arrangement, combination,
scheme or agreement by which the skill or ability of any
player or participant in a game, races or sports contests
to make points or scores shall be limited deliberately
in order to influence the result thereof in favor of
one or other team, player or participant therein.
d. Game-machinations any other fraudulent,
deceitful, unfair or dishonest means, method,
manner or practice employed for the purpose of
influencing the result of any game, races or sport
contest.
Section 2. Betting, game-fixing, point-shaving or game
machination unlawful. Game-fixing, point-shaving,
machination, as defined in the preceding section, in
connection with the games of basketball, volleyball,
softball, baseball; chess, boxing bouts, "jai-alai", "sipa",
"pelota" and all other sports contests, games or races;
as well as betting therein except as may be authorized
by law, is hereby declared unlawful.
Section 3. Penalty. Any violation of this Decree, or of
the rules and regulations promulgated in accordance
herewith, shall be punished in the manner following:
a. When the offender is an official, such as promoter,
referee, umpire, judge, or coach in the game, race or
sports contests, or the manager or sponsor of any
participating team, individual or player therein, or
participants or players in such games, races or other
sports contests, he shall, upon conviction, be punished
by prision correccional in its maximum period and a fine
of 2,000 pesos with subsidiary imprisonment in case of
insolvency, at the discretion of the court. This penalty
shall also be imposed when the offenders compose a
syndicate of five or more persons.
b. In case of any offender, he shall, upon conviction,
be punished by prision correccional in its medium period
and a fine of 1,000 pesos with subsidiary imprisonment
in case of insolvency at the discretion of the court.
c. When the offender is an official or employee of any
government office or agency concerned with the
enforcement or administration of laws and regulations
on sports the penalty provided for in the preceding
Section 3 a small be imposed. In addition, he shall be
disqualified from holding any public office or
employment for life. If he is an alien, he may be
deported.
Section 4. Clearance for arrest, detention or prosecution. No
person who voluntarily discloses or denounces to the
President of the Philippine Amateur Athletic
Federation or to the National Sports Associations
concerned and/or to any law enforcement/police
authority any of the acts penalized by this Decree shall
be arrested, detained and/or prosecuted except upon
prior written clearance from the President of the
Philippines and/or of the Secretary of National
Defense.
Section 5. Repealing Clause. Article 197 of Act No. 3815,
otherwise known as the Revised Penal Code, as
amended, all provisions of decrees, general orders,
letters of instructions, laws, executive orders and rules
The Revised Penal Code | VENTEROSO | 69
 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
and regulations which are inconsistent with this Decree
are hereby repealed.
Acts punishable in illegal betting on horse races
1. By betting on horse races during the periods
not allowed by law.
The penalty is higher for a person who employ a
totalizer or other device.
Maintaining or employing a totalizer or other device or
scheme for betting on horse races or realizing any
profits therefrom aggravates the liability of the
offenders. A totalizer is a machine for registering
and indicating the number and nature of bets
made on horse races.
Racing Days
Private individuals and entities duly licensed by the
Commission on Races (now Games and Amusement
Board) may hold horse races on Sundays nor reserved
under this Acts, on 24 Saturdays as may be determined
by the said Commission, and on legal holidays, except
on the following:
 July 4th of each year (RA 137)
 Dec. 30th of each year (RA 229)
 Any registration or voting days (RA 180,
Revised Election Code); and
 Holy Thursday and Good Friday (RA 946)
The race held on the same day and at the same
place is punishable as a separate offense.
The race held on the same day and at the same place,
is punished as a separate offense. (Art. 198, par. 2) It
would seem that the penalties respectively provided in
the 1st paragraph shall be imposed.
No liability if there is no betting or use of totalizer.
PRESIDENTIAL DECREE No. 420 March 20,
1974
CREATING THE PHILIPPINE RACING
COMMISSION
Section 1. Declaration of Policy. It is the declared policy
to promote and direct the accelerated development and
continued growth of horse-racing not only in
pursuance of the sports development program but also
in order to insure the full exploitation of the sport as a
source of revenue and employment.
Section 2. Creation of the Philippine Racing Commission.
For the purpose of carrying out the above declared
policy, there is hereby created a Philippine Racing
Commission.
Section 8. Jurisdictions, Powers and Functions. Generally,
the Commission shall have exclusive jurisdiction
and control over every aspect of the conduct of
horse-racing, including the framing and
scheduling of races, the construction and safety of
race tacks, the allocation of prizes, and the
security of racing.
The functions of Games and Amusements Board
with respect to horse-racing, except those related to the
supervision and regulation of betting in horse-racing
as provided for in Sections 6, 11, 15, 18 and 24 of
Republic Act 309, as amended, are hereby transferred
to the Commission.
The Games and Amusements Board shall continue
to supervise jai-alai, boxing and wrestling activities
as provided in existing applicable laws.
PR 49. RACING LICENSE
No persons, Racing Club or any other entity shall hold
or conduct any horse racing wherein betting in any
form is allowed unless a racing permit or license is
secured from the PHILRACOM.
A racing license shall specify, among other things, the
person, the Racing Club or entity to which it is issued,
the place where the races are to be held or conducted,
and the day/s in which the races shall be held.
Notwithstanding the issuance of such license, the same
may be suspended or revoked by the PHILRACOM
for just cause.
PR 50. RACING DAYS
Subject to existing laws or decrees and in accordance
with the calendar of races for a year previously
approved by the PHILRACOM, a person, racing club,
or other entities duly licensed by the PHILRACOM
may hold races on days authorized by the
PHILRACOM.
PR 50-A. SCHEDULE AND MAXIMUM NUMBER
OF RACES PER WEEK
The PHILRACOM has set the maximum number of
races per week at 59 races, in accordance with the
following schedule:
Tuesday* – 8 races
Wednesday* – 8 races
Thursday – 8 races
Friday – 9 races
Saturday – 13 races
Sunday – 13 races
* Tuesday and Wednesday are optional racing days
subject to the approval of the PHILRACOM Board.
PRESIDENTIAL DECREE No. 449 May 9, 1974
COCKFIGHTING LAW OF 1974
Section 4. Definition of Terms. As used in this law, the
following terms shall be understood, applied and
construed as follows:
(a) Cockfighting shall embrace and mean the
commonly known game or term "cockfighting derby,
pintakasi or tupada", or its equivalent terms in different
Philippine localities.
(b) Zoning Law or Ordinance Either both national
or local city or municipal legislation which logically
arranges, prescribes, defines and apportions a given
political subdivision into specific land uses as present
and future projection of needs warrant.
(c) Bet Taker of Promoter A person who calls and
takes care of bets from owners of both gamecocks
and those of other bettors before he orders
commencement of the cockfight and thereafter
distributes won bets to the winners after deducting a
certain commission.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
(d) Gaffer (Taga Tari) A person knowledgeable in
the art of arming fighting cocks with gaff or gaffs on
either or both legs.
(e) Referee (Sentenciador) A person who watches
and oversees the proper gaffing of fighting cocks,
determines the physical condition of fighting cocks
while cockfighting is in progress, the injuries sustained
by the cocks and their capability to continue fighting
and decides and make known his decision by work or
gestures and result of the cockfight by announcing the
winner or declaring a tie or no contest game.
(f) Bettor A person who participates in cockfights
and with the use of money or other things of value,
bets with other bettors or through the bet taker or
promoter and wins or loses his bet depending upon the
result of the cockfight as announced by the Referee or
Sentenciador. He may be the owner of fighting
cock.
Section 5. Cockpits and Cockfighting: In General:
(a) Ownership, Operation and Management of
Cockpits. Only Filipino citizens not otherwise
inhibited by existing laws shall be allowed to own,
manage and operate cockpits. Cooperative
capitalization is encouraged.
(b) Establishment of Cockpits. Only one cockpit shall
be allowed in each city or municipality, except that
in cities or municipalities with a population of over one
hundred thousand, two cockpits may be
established, maintained and operated.
(c) Cockpits Site and Construction. Cockpits shall be
constructed and operated within the appropriate areas
as prescribed in Zoning Law or Ordinance. In the
absence of such law or ordinance, the local executives
shall see to it that no cockpits are constructed within
or near existing residential or commercial areas,
hospitals, school buildings, churches or other
public buildings.
Owners, lessees, or operators of cockpits which are
now in existence and do not conform to this
requirement are given three years from the date of
effectivity of this Decree to comply herewith.
Approval or issuance of building permits for the
construction of cockpits shall be made by the city or
provincial engineer in accordance with their respective
building codes, ordinances or engineering laws and
practices.
(d) Holding of Cockfights. Except as provided in this
Decree, cockfighting shall be allowed only in licensed
cockpits during Sundays and legal holidays and
during local fiestas for not more than three days. It
may also be held during provincial, city or
municipal, agricultural, commercial or industrial
fair, carnival or exposition for a similar period of
three days upon resolution of the province, city or
municipality where such fair, carnival or exposition is
to be held, subject to the approval of the Chief of
Constabulary or his authorized representative:
Provided, that, no cockfighting on the occasion of such
fair, carnival or exposition shall be allowed within the
month of a local fiesta or for more than two
occasions a year in the same city or municipality:
Provided, further, that no cockfighting shall be held
on December 30 (Rizal Day), June 12 (Philippine
Independence Day) November 30 (National
Heroes Day), Holy Thursday, Good Friday,
Election or Referendum Day and during
Registration Days for such election or referendum.
(e) Cockfighting for Entertainment of Tourists or for
Charitable Purposes. Subject to the preceding
subsection hereof, the Chief Constabulary or his
authorized representative may also allow the holding of
cockfighting for the entertainment of foreign
dignitaries or for tourists, or for returning
Filipinos, commonly known as "Balikbayan", or
for the support of national fund-raising campaigns
for charitable purposes as may be authorized by the
Office of the President, upon resolution of a
provincial board, city or municipal council, in
licensed cockpits or in playgrounds or parks: Provided,
that this privilege shall be extended for only one time,
for a period not exceeding three days, within a year to
a province, city, or municipality.
(f) Other games during cockfights prescribed. No
gambling of any kind shall be permitted on the
premises of the cockpit or place of cockfighting during
cockfights. The owner, manager or lessee off such
cockpit and the violators of this injunction shall be
criminally liable under Section 8 hereof.
Section 8. Penal Provisions. Any violation of the
provisions of this Decree and of the rules and
regulations promulgated by the Chief of Constabulary
pursuant thereto shall be punished as follows:
a. By prision correccional in its maximum period and a fine
of two thousand pesos, with subsidiary imprisonment
in case of insolvency, when the offender is the financer,
owner, manger or operator of cockpit, or the gaffer,
referee or bet taker in cockfights; or the offender is
guilty of allowing, promoting or participating in any
other kind of gambling in the premises of cockfights
during cockfights.
b. By prision correccional or a fine of not less than six
hundred pesos nor more than two thousand pesos or
both, such imprisonment and fine at the discretion of
the court, with subsidiary imprisonment in case of
insolvency, in case of any other offender.
Permitting gambling of any kind in cockpit is
punished under the same decree
The owner, manager or lessee of the cockpit who shall
permit gambling of any kind on the premises of the
cockpit or place of cockfight during cockfights,
violation of the injunction, shall be criminally liable
under Sec. 9 (Sec. 5[f])
Spectators in a cockfight are not liable
The Decree does not punish a person attending as a
spectator in a cockfight. To be liable, he must
participate in the cockfight as bettor.
Article 200
Grave scandal. — The penalties of arresto mayor and
public censure shall be imposed upon any person
who shall offend against decency or good customs
by any highly scandalous conduct not expressly
falling within any other article of this Code.
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Elements
1) That the offender performs an act or acts.
2) That such act or acts be highly scandalous as
offending against decency or good
customs.
3) That the highly scandalous conduct is not
expressly falling within any article of this
Code.
4) That the act or acts complained of be
committed in a public place or within the
public knowledge or view.
Decency – propriety of conduct; proper observance
of the requirements of modesty, good taste, etc.
Customs – established usage, social conventions
carried on by tradition and enforced by social
disapproval of any violation thereof.
Grave Scandal – consists of acts which are offensive
to decency and good customs which, having been
committed publicly, have given rise to public scandal
to persons who have accidentally witnessed the same.
 The acts must be those that can cause public
scandal among the persons witnessing them
besides being contrary to public morals and
good customs.
 If the act or acts of the offender are punished
under another article of this Code, Art. 200 is
not applicable
 The acts must be performed in a public place
or within the public knowledge or view.
 When the acts were performed in a private
house and seen by one person, the crime was
not committed.
Article 201
Immoral doctrines, obscene publications and exhibitions and
indecent shows. — The penalty of prision mayor or a fine
ranging from six thousand to twelve thousand pesos,
or both such imprisonment and fine, shall be
imposed upon:
1) Those who shall publicly expound or proclaim
doctrines openly contrary to public morals;
2) (a) the authors of obscene literature, published
with their knowledge in any form; the editors
publishing such literature; and the owners/operators
of the establishment selling the same;
(b) Those who, in theaters, fairs, cinematographs or
any other place, exhibit, indecent or immoral plays,
scenes, acts or shows, whether live or in film, which
are prescribed by virtue hereof, shall include those
which (1) glorify criminals or condone crimes; (2)
serve no other purpose but to satisfy the market for
violence, lust or pornography; (3) offend any race or
religion; (4) tend to abet traffic in and use of
prohibited drugs; and (5) are contrary to law, public
order, morals, and good customs, established
policies, lawful orders, decrees and edicts;
(3) Those who shall sell, give away or exhibit films,
prints, engravings, sculpture or literature which are
offensive to morals. (As amended by PD Nos. 960
and 969).
Publicity is essential
 This offense in any of the forms mentioned in
the article is committed only when there is
publicity.
Moral – implies conformity with the generally
accepted standards of goodness or rightness in conduct
or character, sometimes, specifically, to sexual conduct.
The author of obscene literature is liable only
when it is published with his knowledge.
 Writing of obscene literature is not punished,
but the author is liable if it is published with
his knowledge. In every case, the editor
publishing it is liable.
Obscene – something offensive to chastity, decency
or delicacy.
The Test of Obscenity
 The test is whether the tendency of the matter
charged as obscene is to
1) Deprave or corrupt those whose minds are
open to such immoral influences,
2) And into whose hands such a publication may
fall and also
3) Whether or not such publication or act shocks
the ordinary and common sense of men as an
indecency.
Indecency – is an act against the good behavior and
a just delicacy.
Mere nudity in pictures and paintings, not an
obscenity
 The proper test is
1) whether the motive of the picture, as indicated
by it, is pure or impure; or
2) Whether it is naturally calculated to excite
impure imaginations.
Mere possession of obscene materials is not
punishable
 Mere possession of obscene materials, without
intention to sell, exhibit, or give them
away, is not punishable under Art. 201,
considering the purpose of the law is to
prohibit the dissemination of obscene
materials to the public.
 The word “give away” in par. 3 of Art. 201,
should be read “distribute”
 Pictures with slight degree of obscenity, not
used for art’s sake but for commercial
purposes, fall under this Article.
Purpose of the law in punishing obscene
publications and exhibitions
 The object of the law is to protect the morals
of the public.
Disposition of prohibited articles.
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 The disposition of the literature, films, prints,
engravings, sculptures, paintings, or other
materials involved in the violation referred to
in Sec. 1 hereof shall be governed by the
following rules:
A) Upon conviction of the offender – to be
forfeited in favor of the government to be
destroyed.
B) Where the criminal case against the violator of
the decree results in an acquittal – to be
forfeited in favor of the government to be
destroyed, after forfeiture proceedings
conducted by the Chief of Constabulary.
C) The person aggrieved by the forfeiture action
of the Chief of Constabulary may, within 15
days after his receipt of a copy of the decision,
appeal the matter to the Secretary of National
Defense for review. The decision of the
Secretary of National Defense shall be final and
unappealable. (Sec. 2, PD 969)
D) If the offender is a government official or
employee, the penalty as provided herein shall
be imposed in its maximum period and in
addition, the accessory penalties provided for
in RPC, as amended, shall likewise be imposed.
(Sec. 4, PD 969)
REPUBLIC ACT No. 9995
AN ACT DEFINING AND PENALIZING
THE CRIME OF PHOTO AND VIDEO
VOYEURISM, PRESCRIBING PENALTIES
THEREFOR, AND FOR OTHER
PURPOSES
Section 1. Short Title. - This Act shall be known as the
"Anti-Photo and Video Voyeurism Act of 2009".
Section 2. Declaration of Policy. - The State values the
dignity and privacy of every human person and
guarantees full respect for human rights. Toward this
end, the State shall penalize acts that would destroy the
honor, dignity and integrity of a person.
Section 3. Definition of Terms. - For purposes of this Act,
the term:
(a) "Broadcast" means to make public, by any
means, a visual image with the intent that it be
viewed by a person or persons.
(b) "Capture" with respect to an image, means to
videotape, photograph, film, record by any means,
or broadcast.
(c) "Female breast" means any portion of the female
breast.
(d) "Photo or video voyeurism" means the act of
taking photo or video coverage of a person or
group of persons performing sexual act or any
similar activity or of capturing an image of the
private area of a person or persons without the
latter's consent, under circumstances in which such
person/s has/have a reasonable expectation of privacy,
or the act of selling, copying, reproducing,
broadcasting, sharing, showing or exhibiting the photo
or video coverage or recordings of such sexual act or
similar activity through VCD/DVD, internet, cellular
phones and similar means or device without the written
consent of the person/s involved, notwithstanding
that consent to record or take photo or video coverage
of same was given by such person's.
(e) "Private area of a person" means the naked or
undergarment clad genitals, public area, buttocks
or female breast of an individual.
(f) "Under circumstances in which a person has a
reasonable expectation of privacy" means believe
that he/she could disrobe in privacy, without being
concerned that an image or a private area of the person
was being captured; or circumstances in which a
reasonable person would believe that a private area of
the person would not be visible to the public,
regardless of whether that person is in a public or
private place.
Prohibited Acts
(a) To take photo or video coverage of a person or
group of persons performing sexual act or any similar
activity or to capture an image of the private area of
a person/s such as the naked or undergarment clad
genitals, public area, buttocks or female breast
without the consent of the person/s involved and
under circumstances in which the person/s
has/have a reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of sexual
act or any similar activity with or without
consideration.
(c) To sell or distribute, or cause to be sold or
distributed, such photo or video or recording of sexual
act, whether it be the original copy or reproduction
thereof; or
(d) To publish or broadcast, or cause to be published
or broadcast, whether in print or broadcast media, or
show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and
other similar means or device.
Note: The prohibition under paragraphs (b), (c) and (d) shall
apply notwithstanding that consent to record or take photo or
video coverage of the same was given by such person/s. Any
person who violates this provision shall be liable for photo or video
voyeurism as defined herein.
What are the exemptions to this law?
A peace officer who is authorized by written order of
the court, to use the record or any copy thereof as
evidence in any civil, criminal investigation or trial of
the crime of photo or video voyeurism.
Provided the following conditions are met.
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1) The written order shall only be granted
upon written application and the
examination under oath or affirmation
of the applicant and the witnesses he/she
may produce, and
2) Upon showing that there are reasonable
grounds to believe that photo or video
voyeurism has been committed or is
about to be committed, and
3) The evidence to be obtained is essential to
the conviction of any person for, or to the
solution or prevention of such crime
Section 7. Inadmissibility of Evidence. - Any
record, photo or video, or copy thereof, obtained or
secured by any person in violation of the preceding
sections shall not be admissible in evidence in any
judicial, quasi-judicial, legislative or administrative
hearing or investigation.
Article 202
Prostitutes; Penalty. – For the purposes of this article,
women who, for money or profit, habitually indulge
in sexual intercourse or lascivious conduct, are
deemed to be prostitutes.
Any person found guilty of any of the offenses
covered by this article shall be punished by arresto
menor or a fine not exceeding 200 pesos, and in case
of recidivism, by arresto mayor in its medium period
to prision correctional in its minimum period or a fine
ranging from 200 to 2,000 pesos, or both, in the
discretion of the court."
Art. 202 not applicable to minors.
 Persons below 18 years of age shall be exempt
from prosecution for the crimes of vagrancy
and prostitution under Sec. 202 of RPC, of
mendicancy under PD 1563, and sniffing of
rugby under PD 1619, such prosecution being
inconsistent with the UN Convention on the
Rights of the Child: Provided, that said
persons shall undergo appropriate counseling
and treatment program. (Sec. 58 of RA 9344,
Juvenile Justice and Welfare Act of 2006)
Prostitute – a woman is a prostitute when
1. She habitually indulges in (a) Sexual
intercourse, or(b) Lascivious conduct, 2. For
money or profit.
 Hence, one sexual intercourse with a man
for money or profit does not make a woman
a prostitute. And several intercourses with
different men do not make her a prostitute, if
there is no evidence that she indulged in sexual
intercourse for money or profit.
 Note also that sexual intercourse is not
absolutely necessary, as lascivious conduct is
sufficient.
REPUBLIC ACT NO. 10158
AN ACT DECRIMINALIZING VAGRANCY,
AMENDING FOR THIS PURPOSE ARTICLE
202 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED
PENAL CODE
Section 2. Effect on Pending Cases. – All pending cases
under the provisions of Article 202 of the Revised
Penal Code on Vagrancy prior to its amendment by
this Act shall be dismissed upon effectivity of this Act.
Section 3. Immediate Release of Convicted Persons. – All
persons serving sentence for violation of the
provisions of Article 202 of the Revised Penal Code on
Vagrancy prior to its amendment by this Act shall be
immediately released upon effectivity of this Act:
Provided, that they are not serving sentence or
detained for any other offense or felony.
REPUBLIC ACT No. 9775
AN ACT DEFINING THE CRIME OF CHILD
PORNOGRAPHY, PRESCRIBING
PENALTIES THEREFOR AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as
the "Anti-Child Pornography Act of 2009."
Section 2. Declaration of Policy. - The State recognizes
the vital role of the youth in nation building and shall
promote and protect their physical, moral, spiritual,
intellectual, emotional, psychological and social well-
being. Towards this end, the State shall:
(a) Guarantee the fundamental rights of every
child from all forms of neglect, cruelty and
other conditions prejudicial to his/her
development;
(b) Protect every child from all forms of
exploitation and abuse including, but not
limited to:
(1) the use of a child in pornographic
performances and materials; and
(2) the inducement or coercion of a
child to engage or be involved in
pornography through whatever means;
and
(c) Comply with international treaties to which
the Philippines is a signatory or a State party
concerning the rights of children which
include, but not limited to, the Convention on
the Rights of the Child, the Optional Protocol
to the Convention on the Rights of the Child
of the Child on the Sale of Children, Child
Prostitution and Child Pornography, the
International Labor Organization (ILO)
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Convention No.182 on the Elimination of the
Worst Forms of Child Labor and the
Convention Against Transnational Organized
Crime.
Section 3. Definition of Terms. -
(a) "Child" refers to a person below eighteen
(18) years of age or over, but is unable to fully
take care of himself/herself from abuse,
neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or
condition.
For the purpose of this Act, a child shall also
refer to:
(1) a person regardless of age who is
presented, depicted or portrayed as
a child as defined herein; and
(2) computer-generated, digitally or
manually crafted images or
graphics of a person who is
represented or who is made to appear
to be a child as defined herein.
(b) "Child pornography" refers to any
representation, whether visual, audio, or
written combination thereof, by electronic,
mechanical, digital, optical, magnetic or
any other means, of child engaged or
involved in real or simulated explicit sexual
activities.
(c) "Explicit Sexual Activity" includes actual
or simulated -
(1) As to form:
(i) sexual intercourse or lascivious act
including, but not limited to, contact
involving genital to genital, oral to
genital, anal to genital, or oral to anal,
whether between persons of the same
or opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals,
buttocks, breasts, pubic area and/or
anus; or
(6) use of any object or instrument for
lascivious acts
(d) "Internet address" refers to a website,
bulletin board service, internet chat room or
news group, or any other internet or shared
network protocol address.
(e) "Internet cafe or kiosk" refers to an
establishment that offers or proposes to offer
services to the public for the use of its
computer/s or computer system for the
purpose of accessing the internet, computer
games or related services.
(f) "Internet content host" refers to a person
who hosts or who proposes to host internet
content in the Philippines.
(g) "Internet service provider (ISP)" refers to
a person or entity that supplies or proposes to
supply, an internet carriage service to the
public.
(h) "Grooming" refers to the act of preparing
a child or someone who the offender believes
to be a child for sexual activity or sexual
relationship by communicating any form of
child pornography. It includes online
enticement or enticement through any other
means.
(i) "Luring" refers to the act of
communicating, by means of a computer
system, with a child or someone who the
offender believes to be a child for the purpose
of facilitating the commission of sexual
activity or production of any form of child
pornography.
(2) Bestiality;
(j) "Pandering" refers to the act of offering,
advertising, promoting, representing or
distributing through any means any
material or purported material that is
intended to cause another to believe that
the material or purported material contains
any form of child pornography, regardless
of the actual content of the material or
purported material.
(k) "Person" refers to any natural or juridical
entity.
Section 4. Unlawful or Prohibited Acts. - It shall be
unlawful for any person:
(a) To hire, employ, use, persuade, induce or
coerce a child to perform in the creation or
production of any form of child pornography;
(b) To produce, direct, manufacture or create
any form of child pornography;
(c) To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or
import any form of child pornography;
(d) To possess any form of child pornography
with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three
(3) or more articles of child pornography of the
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same form shall be prima facie evidence of
the intent to sell, distribute, publish or
broadcast;
(e) To knowingly, willfully and intentionally
provide a venue for the commission of
prohibited acts as, but not limited to, dens,
private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate
business;
(f) For film distributors, theaters and
telecommunication companies, by themselves
or in cooperation with other entities, to
distribute any form of child pornography;
(g) For a parent, legal guardian or person
having custody or control of a child to
knowingly permit the child to engage,
participate or assist in any form of child
pornography;
(h) To engage in the luring or grooming of a
child;
(i) To engage in pandering of any form of
child pornography;
(j) To willfully access any form of child
pornography;
(k) To conspire to commit any of the
prohibited acts stated in this section.
Conspiracy to commit any form of child
pornography shall be committed when two
(2) or more persons come to an agreement
concerning the commission of any of the
said prohibited acts and decide to commit
it; and
(l) To possess any form of child pornography.
Section 5. Syndicated Child Pornography - The crime of
child pornography is deemed committed by a
syndicate if carried out by a group of three (3) or
more persons conspiring or confederating with
one another and shall be punished under Section 15(a)
of this Act.
Section 6. Who May File a Complaint. - Complaints on
cases of any form of child pornography and other
offenses punishable under this Act may be filed by the
following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the
third degree of consanguinity;
(d) Officer, social worker or representative of a
licensed child-caring institution;
(e) Officer or social worker of the Department
of Social Welfare and Development (DSWD);
(f) Local social welfare development officer;
(g) Barangay chairman;
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible
citizens residing in the place where the
violation occurred; or
(j) Any person who has personal knowledge of
the circumstances of the commission of any
offense under this Act.
Section 7. Appointment of Special Prosecutors. - The
Department of Justice (DOJ) shall appoint or
designate special prosecutors to prosecute cases for the
violation of this Act.
Section 8. Jurisdiction. - Jurisdiction over cases for the
violation of this Act shall be vested in the Family
Court which has territorial jurisdiction over the
place where the offense or any of its essential
elements was committed pursuant to Republic Act
No. 8369, otherwise known as "Family Courts Act of
1997".
Section 9. Duties of an Internet Service Provider (ISP). - All
internet service providers (ISPs) shall notify the
Philippine National Police (PNP) or the National
Bureau of Investigation (NBI) within seven (7) days
from obtaining facts and circumstances that any form
of child pornography is being committed using its
server or facility. Nothing in this section may be
construed to require an ISP to engage in the
monitoring of any user, subscriber or customer, or the
content of any communication of any such
person: Provided, That no ISP shall be held civilly liable
for damages on account of any notice given in good
faith in compliance with this section.
Furthermore, an ISP shall preserve such evidence for
purpose of investigation and prosecution by relevant
authorities.
An ISP shall, upon the request of proper authorities,
furnish the particulars of users who gained or
attempted to gain access to an internet address which
contains any form of child pornography.
All ISPs shall install available technology, program or
software to ensure that access to or transmittal of any
form of child pornography will be blocked or filtered.
An ISP who shall knowingly, willfully and intentionally
violate this provision shall be subject to the penalty
provided under Section 15(k) of this Act.
The National Telecommunications Commission
(NTC) shall promulgate within ninety (90) days from
the effectivity of this Act the necessary rules and
regulations for the implementation of this provision
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which shall include, among others, the installation of
filtering software that will block access to or
transmission of any form of the child pornography.
Section 10. Responsibility of Mall Owners/Operators and
Owners or Lessors of Other Business Establishments. - All
mall owners/operators and owners or lessors of other
business establishments shall notify the PNP or the
NBI within seven (7) days from obtaining facts and
circumstances that child pornography is being
committed in their premises. Provided, That public
display of any form of child pornography within their
premises is a conclusive presumption of the
knowledge of the mall owners/operators and
owners or lessors of other business establishments
of the violation of this Act: Provided, further, That a
disputable presumption of knowledge by mall
owners/operators and owners or lessors of other
business establishments should know or reasonably
know that a violation of this Act is being committed in
their premises.
Photo developers, information technology
professionals, credit card companies and banks and any
person who has direct knowledge of any form of child
pornography activities shall have the duty to report any
suspected child pornography materials or transactions
to the proper authorities within seven (7) days from
discovery thereof.
Any willful and intentional violation of this provision
shall be subject to the penalty provided under Section
15(l) of this Act.
Section 11. Duties of an Internet Content Host. - An
internet content host shall:
(a) Not host any form of child pornography on
its internet address;
(b) Within seven (7) days, report the presence
of any form of child pornography, as well as
the particulars of the person maintaining,
hosting, distributing or in any manner
contributing to such internet address, to the
proper authorities; and
(c) Preserve such evidence for purposes of
investigation and prosecution by relevant
authorities.
An internet content host shall, upon the request of
proper authorities, furnish the particulars of users who
gained or attempted to gain access to an internet
address that contains any form of child pornography.
An internet content host who shall knowingly, willfully
and intentionally violate this provision shall be subject
to the penalty provided under Section 15(j) of this Act:
Provided, That the failure of the internet content host
to remove any form of child pornography within forty-
eight (48) hours from receiving the notice that any
form of child pornography is hitting its server shall be
conclusive evidence of willful and intentional violation
thereof.
Section 12. Authority to Regulate Internet Café or Kiosk. -
The local government unit (LGU) of the city or
municipality where an internet café or kiosk is located
shall have the authority to monitor and regulate the
establishment and operation of the same or similar
establishments in order to prevent violation of the
provisions of this Act.
Section 13. Confidentiality. - The right to privacy of the
child shall be ensured at any stage of the investigation,
prosecution and trial of an offense under this Act.
Towards this end, the following rules shall be
observed:
(a) The judge, prosecutor or any officer of the
law to whom the complaint has been referred
to may, whenever necessary to ensure a fair and
impartial proceeding and after considering all
circumstances for the best interest of the child
conduct a closed-door investigation,
prosecution or trial;
(b) The name and personal circumstances of
the child, including the child's immediate
family, or any other information tending to
establish his/her identity shall not be disclosed
to the public;
(c) Any record regarding a child shall be
confidential and kept under seal. Except upon
written request and order of the court, a record
shall be released only to the following:
(1) Members of the court staff for
administrative use;
(2) The prosecuting attorney;
(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating law
enforcement agencies and
(6) Other persons as determined by the
court.
(d) Any form of child pornography that is part
of the court records shall be subject to a
protective order that provides as follows:
(1) Any form of child pornography
may be viewed only by the parties, their
counsel, their expert witness and
guardian ad litem;
(2) Neither form of child pornography
nor any portion thereof shall be
divulged to any other person, except as
necessary for investigation,
prosecution or trial; and
(3) No person shall be granted access
to any form of child pornography or
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any part thereof unless he/she signs a
written affirmation that he/she has
received and read a copy of the
protection order; that he/she submits
to the jurisdiction of the court with
respect to the protective order; and
that, in case of violation thereof,
he/she will be subject to the contempt
power of the court; and
(e) In cases when prosecution or trial is
conducted behind closed doors, it shall be
unlawful for any editor, publisher and reporter
or columnist in case of printed materials,
announcer or producer in case of television
and radio, producer and director of a film in
case of the movie industry, or any person
utilizing the tri-media facilities or information
technology to publish or broadcast the names
of the victims of any case of child
pornography.
Any violation of this provision shall be subject to the
penalty provided for under Section 15(m) of this Act.
Section 14. Care, Custody and Treatment of a Child
Victim. - The DSWD shall ensure that the child who is
a victim of any form of child pornography is provided
appropriate care, custody and support for their
recovery and reintegration in accordance with existing
laws.
The child and his family shall be entitled to protection
as well as to the rights and benefits of witnesses
under Republic Act No. 6981, otherwise known as
"The Witness Protection, Security and Benefit Act".
The child shall also be considered as a victim of a
violent crime defined under Section 3(d) of Republic
Act No. 7309, otherwise known as "An Act Creating a
Board of Claims under the Department of Justice for
Victims of Unjust Imprisonment or Detention and
Victims of Violent Crimes and for Other Purposes", so
that the child may claim compensation therein.
Section 15. Penalties and Sanctions. - The following
penalties and sanctions are hereby established for
offenses enumerated in this Act:
(a) Any person found guilty of syndicated child
pornography as defined in Section 5 of this Act
shall suffer the penalty of reclusion perpetua and a
fine of not less than Two million pesos
(Php2,000,000.00) but not more than Five
million pesos (Php5,000,000.00);
(b) Any person found guilty of violating
Section 4(a), (b) and (c) of this Act shall suffer
the penalty of reclusion temporal in its maximum
period and a fine of not less than One million
pesos (Php1,000,000.00) but not more than
Two million (Php2,000,000.00);
(c) Any person found guilty of violating Section
4(d), (e) and (f) of this Act shall suffer the
penalty of reclusion temporal in its medium period
and a fine of not less than Seven hundred fifty
thousand pesos (Php750,000.00) but not more
than One million pesos (Php1,000,000.00);
(d) Any person found guilty of violating
Section 4(g) of this Act shall suffer the penalty
of reclusion temporal in its minimum period and a
fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than
Seven hundred thousand pesos
(Php700,000.00);
(e) Any person found guilty of violating Section
4(h) of this Act shall suffer the penalty of prision
mayor in its maximum period and a fine of not
less than Three hundred thousand pesos
(Php300,000.00) but not more than Five
hundred thousand pesos (Php500,000.00);
(f) Any person found guilty of violating Section
4(I) of this Act shall suffer the penalty of prision
mayor in its minimum period and a fine of not
less than Three hundred thousand pesos
(php300,000.00) but not more than Five
hundred thousand pesos (Php500,000.00);
(g) Any person found guilty of violating
Section 4(j) of this Act shall suffer the penalty
of prision correccional in its maximum period and
a fine of not less than Two hundred thousand
pesos (Php200,000.00) but not more than
Three hundred thousand pesos
(Php300,000.00);
(h) Any person found guilty of violating
Section 4(k) of this Act shall suffer the penalty
of prision correccional in its medium period and a
fine of not less than One hundred thousand
pesos (php100,000.00) but not more than Two
hundred fifty thousand pesos (php250,000.00);
(i) Any person found guilty of violating Section
4(l) of this Act shall suffer the penalty of arresto
mayor in its minimum period and a fine of not
less than Fifty thousand pesos (Php50,000.00)
but not more than One hundred thousand
pesos (Php100,000.00);
(j) Any person found guilty of violating Section
11 of this Act shall suffer the penalty of prision
correccional in its medium period and a fine of
not less than One million pesos
(Php1,000,000.00) but not more than Two
million pesos (Php2,000,000.00) for the first
offense. In the case of a subsequent offense,
the penalty shall be a fine not less than Two
million pesos (Php2,000,000.00) but not more
than Three million pesos (Php3,000,000.00)
and revocation of its license to operate and
immediate closure of the establishment;
(k) Any ISP found guilty of willfully and
knowingly failing to comply with the notice
and installation requirements under Section 9
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of this Act shall suffer the penalty of a fine of
not less than Five hundred thousand pesos
(Php500,000.00) but not more than One
million pesos (Php1,000,000.00) for the first
offense. In case of subsequent offense, the
penalty shall be a fine of not less than One
million pesos (Php1,000,000.00) but not more
than Two million pesos (Php2,000,000.00) and
revocation of its license to operate;
(l) Any mall owner-operator and owner or
lessor of other business establishments
including photo developers, information
technology professionals, credit card
companies and banks, found guilty of willfully
and knowingly failing to comply with the
notice requirements under Section 10 of this
Act shall suffer the penalty of a fine of not less
than One million pesos (Php1,000,000.00) but
not more than Two million pesos
(Php2,000,000.00) for the first offense. In the
case of a subsequent offense, the penalty shall
be a fine of not less than Two million pesos
(Php2,000,000.00) but not more than Three
million pesos (Php3,000,000.00) and
revocation of its license to operate and
immediate closure of the establishment; and
(m) Any person found guilty of violating
Section 13 of this Act shall suffer the penalty
of arresto mayor in its minimum period and a
fine of not less than One hundred thousand
pesos (Php100,000.00) but not more than
Three hundred thousand pesos
(Php300,000.00).
Section 16. Common Penal Provisions. -
(a) If the offender is a parent, ascendant,
guardian, step-parent or collateral relative
within the third degree of consanguinity or
affinity or any person having control or moral
ascendancy over the child, the penalty provided
herein shall be in its maximum
duration; Provided, That this provision shall not
apply to Section 4(g) of this Act;
(b) If the offender is a juridical person, the
penalty shall be imposed upon the owner,
manager, partner, member of the board of
directors and/or any responsible officer who
participated in the commission of the crime or
shall have knowingly permitted or failed to
prevent its commissions;
(c) If the offender is a foreigner, he/she shall
be immediately deported after the complete
service of his/her sentence and shall forever be
barred from entering the country; and
(d) The penalty provided for in this Act shall
be imposed in its maximum duration if the
offender is a public officer or employee.
Section 17. Confiscation and Forfeiture of the Proceeds, Tools
and Instruments Used in Child Pornography. - In addition to
the penalty imposed for the violation of this Act, the
court shall order the confiscation and forfeiture in
favor of the government of all the proceeds, tools and
instruments used in the commission of the crime,
unless they are the property of a third person not liable
for the unlawful act; Provided, however, That all awards
for damages shall be taken from the personal and
separate properties of the offender; Provided, further,
That if such properties are insufficient, the deficiency
shall be taken from the confiscated and forfeited
proceeds, tools and instruments.
All proceeds derived from the sale of properties used
for the commission of any form of child pornography
shall accrue to the special account of the DSWD which
shall be used exclusively for the implementation of this
Act.
When the proceeds, tools and instruments used in the
commission of the offense have been destroyed
diminished in value or otherwise rendered worthless by
any act or omission, directly or indirectly, of the
offender, or it has been concealed, removed, converted
or transferred to prevent the same from being found
or to avoid forfeiture or confiscation, the offender shall
be ordered to pay the amount equal to the value of the
proceeds, tools and instruments used in the
commission of the offense.1avvphi1
Section 18. Mandatory Services to Victims of Child
Pornography. - To ensure recovery, rehabilitation and
reintegration into the mainstream of society concerned
government agencies and the LGUs shall make
available the following services to victims of any form
of child pornography:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free legal services, which shall include
information about the victim's rights and the
procedure for filing of complaints, claims for
compensation and such other legal remedies
available to them in a language understood by
the child;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance.
Sustained supervision and follow through mechanism
that will track the progress of recovery, rehabilitation
and reintegration of the child victims shall adopted and
carried out.
Section 19. Programs for Victims of Child Pornography. The
Inter-Agency Council Against Child Pornography
created under Section 20 of this Act shall develop and
implement the necessary programs that will prevent
any form of child pornography, as well as protect, heal
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
and reintegrate the child into the mainstream of
society. Such programs shall include beat but not
limited to the following:
(a) Provision of mandatory services including
counseling free legal services, medical or
psychological services, livelihood and skills
training and educational assistance to the child
pursuant to Section 18 of this Act;
(b) Sponsorship of a national research program
on any form of child pornography and other
acts covered by the law and the establishment
of a data collection system for monitoring and
evaluation purposes;
(c) Provision of necessary technical and
material support services to appropriate
government agencies and nongovernmental
organizations:
(d) Sponsorship of conferences and seminars
to provide venue for consensus building
amongst the public, the academe , government,
nongovernmental and international
organizations and
(e) Promotion of information and education
campaign.
Section 20. Inter - Agency Council against Child
Pornography. - There is hereby established an Inter-
Agency Council against Child Pornography to be
composed of the Secretary of the DSWD as
chairperson and the following as members:
(a) Secretary of the Department of Justice:
(b) Secretary of the Department of Labor and
Employment
(c) Secretary of the Department of Science and
Technology
(d) Chief of the Philippine National Police;
(e) Chairperson of the Commission on
Information and Communications
Technology;
(g) Commissioner of the National
Telecommunications Commission;
(h) Executive Director of the Council for the
Welfare of Children;
(i) Executive Director of the Philippine Center
for Transnational Crimes;
(j) Executive Director of the Optical Media
Board;
(k) Director of the National Bureau of
Investigation; and
(l) Three (3) representatives from children's
nongovernmental organizations. These
representatives shall be nominated by the
government agency representatives of the
Council for appointment by the President for a
term of three (3) years and may be renewed
upon renomination and reappointment by the
Council and the President respectively.
The members of the Council mat designate their
permanent representatives, who shall have a rank not
lower than assistant secretary or its equivalent, to
meetings and shall receive emoluments as may be
determined by the Council in accordance with existing
budget and accounting rules and regulations.
The DSWD shall establish the necessary Secretariat for
the Council.
Section 21. Functions of the Council. - The Council shall
have the following powers and functions:
(a) Formulate comprehensive and integrated
plans and programs to prevent and suppress
any form of child pornography;
(b) Promulgate rules and regulations as may be
necessary for the effective implementation of
this Act;
(c) Monitor and oversee the strict
implementation of this Act;
(d) Coordinate the programs and projects of
the various members agencies effectively
address the issues and problems attendant to
child pornography;
(e) Conduct and coordinate massive
information disseminations and campaign on
the existence of the law and the various issues
and problems attendant to child pornography;
(f) Direct other agencies to immediately
respond to the problems brought to their
attention and report to the Council on the
action taken;
(g) Assist in the filling of cases against
individuals, agencies, institutions or
establishments that violate the provisions of
this Act;
(h) Formulate a program for the reintegration
of victims of child pornography;
(i) Secure from any department, bureau, office,
agency or instrumentality of the government or
from NGOs and other civic organizations such
assistance as may be needed to effectively
implement this Act;
(j) Complement the shared government
information system relative to child abuse and
exploitation and ensure that the proper
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agencies conduct a continuing research and
study on the patterns and schemes of any form
of child pornography which form basis for
policy formulation and program direction;
(k) develop the mechanism to ensure the
timely, coordinated and effective response to
cases of child pornography;
(l) Recommend measures to enhance
cooperative efforts and mutual assistance
among foreign countries through bilateral
and/or multilateral arrangements to prevent
and suppress any form of child pornography;
(m) Adopt measures and policies to protect the
rights and needs of the victims of child
pornography who are foreign nationals in the
Philippines;
(n) maintain a database of cases of child
pornography;
(o) Initiate training programs in identifying and
providing the necessary intervention or
assistance to victims of child pornography.
(p) Submit to the President and the
Congressional Oversight committee credited
herein the annual report on the policies, plans,
programs and activities of the Council relative
to the implementation of this Act; and
(q) Exercise all the powers and perform such
other functions necessary to attain the
purposes and objectives of this Act.
Section 22. Child Pornography as a Transnational Crime. -
Pursuant to the Convention on transnational
Organized Crime, the DOJ may execute the request of
a foreign state for assistance in the investigation or
prosecution of any form of child pornography by: (1)
conducting a preliminary investigation against the
offender and, if appropriate, to file the necessary
charges in court; (2) giving information needed by the
foreign state; and (3) to apply for an order of forfeiture
of any proceeds or monetary instrument or properly
located in the Philippines used in connection with child
pornography in the court; Provided, That if the DOJ
refuses to act on the request of for delaying the
execution thereof: Provided, further, That the principles
of mutuality and reciprocity shall, for this purpose, be
at all times recognized.
Section 23. Extradition. - The DOJ, in consultation
with the Department of Foreign Affairs (DFA), shall
endeavor to include child pornography among
extraditable offenses in future treaties.
Section 24. Congressional Oversight Committee. -There is
hereby created a Congressional Oversight Committee
composed of five (5) members from the Senate and
five (5) members from the House of Representatives.
The members from the Senate shall be appointed by
the Senate President based on proportional
representation of the parties or coalition therein with
at least one (1) member representing the Minority. The
members from the House of Representative shall be
appointed by the Speaker, also based on proportional
representation of the parties or coalitions therein with
the Chair of the House of Committee on Welfare of
Children and at least one (1) member representing the
Minority
The Committee shall be headed by the respective
Chairs of the Senate Committee on Youth, Women
and Family relations and the House of Representatives
Committee on Justice. The Secretariat of the
Congressional Oversight Committee shall come from
the existing Secretariat personnel of the Committees of
the Senate and the House of Representatives
concerned.
The Committee shall monitor and ensure the effective
implementation of this Act, determine inherent
weakness and loopholes in the law. Recommend the
necessary remedial legislator or administrative
measures and perform such other duties and functions
as may be necessary to attain the objectives of this Act.
Section 25. Appropriations. - The amount necessary to
implement the provisions of the Anti-Child
Pornography Act and the operationalization of the
Inter-Agency Council Against Child Pornography shall
be included in the annual General Appropriations Act.
Section 26. Implementing Rules and Regulations. - The
Inter- Agency Council Against Child pornography shall
promulgate the necessary implementing rules and
regulations within ninety (90) days from the effectivity
of this Act.
Section 27. Suppletory Application of the Revised Penal
Code. - The Revised penal Code shall be suppletorily
applicable to this Act.
Section 28. Separability Clause. - If any part of this Act
is declared unconstitutional or invalid, the other
provisions not affected thereby shall continue to be in
full force and effect.
Section 29. Repealing Clause. - All laws, presidential
decrees, executive orders, administrative orders, rules
and regulations inconsistent with or contrary to the
provisions of this Act are deemed amended, modified
or repealed accordingly.
Section 30. Effectivity. - This Act shall effect after
fifteen (15) days following its complete publication in
the Official Gazette or in at least two (2) newspapers
of general circulation.
Republic Act No. 9208
AN ACT TO INSTITUTE POLICIES TO
ELIMINATE TRAFFICKING IN PERSONS
ESPECIALLY WOMEN AND CHILDREN,
ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR
THE PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
PENALTIES FOR ITS VIOLATIONS, AND
FOR OTHER
Be it enacted by the Senate and the House of Representatives of
the Philippines in Congress assembled:
Section 1. Title. This Act shall be known as the "Anti-
Trafficking in Persons Act of 2003".
Section 2. Declaration of Policy. – It is hereby declared
that the State values the dignity of every human person
and guarantees the respect of individual rights. In
pursuit of this policy, the State shall give highest
priority to the enactment of measures and
development of programs that will promote human
dignity, protect the people from any threat of violence
and exploitation, eliminate trafficking in persons, and
mitigate pressures for involuntary migration and
servitude of persons, not only to support trafficked
persons but more importantly, to ensure their recovery,
rehabilitation and reintegration into the mainstream of
society.
It shall be a State policy to recognize the equal rights
and inherent human dignity of women and men as
enshrined in the United Nations Universal Declaration
on Human Rights, United Nations Convention on the
Rights of the Child, United Nations Convention on the
Protection of Migrant Workers and their Families.
United Nations Convention Against Transnational
Organized Crime Including its Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially
Women and Children and all other relevant and
universally accepted human rights instruments and
other international conventions to which the
Philippines is a signatory.
Section 3. Definition of Terms. - As used in this Act:
(a) Trafficking in Persons - refers to the
recruitment, transportation, transfer or
harboring, or receipt of persons with or
without the victim's consent or knowledge,
within or across national borders by means
of threat or use of force, or other forms of
coercion, abduction, fraud, deception,
abuse of power or of position, taking
advantage of the vulnerability of the
person, or, the giving or receiving of
payments or benefits to achieve the consent
of a person having control over another person
for the purpose of exploitation which includes
at a minimum, the exploitation or the
prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.
The recruitment, transportation, transfer,
harboring or receipt of a child for the
purpose of exploitation shall also be
considered as "trafficking in persons" even if
it does not involve any of the means set forth
in the preceding paragraph.
(b) Child - refers to a person below eighteen
(18) years of age or one who is over eighteen
(18) but is unable to fully take care of or protect
himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a
physical or mental disability or condition.
(c) Prostitution - refers to any act, transaction,
scheme or design involving the use of a
person by another, for sexual intercourse or
lascivious conduct in exchange for money,
profit or any other consideration.
(d) Forced Labor and Slavery - refer to the
extraction of work or services from any
person by means of enticement, violence,
intimidation or threat, use of force or coercion,
including deprivation of freedom, abuse of
authority or moral ascendancy, debt-bondage
or deception.
(e) Sex Tourism - refers to a program
organized by travel and tourism-related
establishments and individuals which
consists of tourism packages or activities,
utilizing and offering escort and sexual
services as enticement for tourists. This
includes sexual services and practices
offered during rest and recreation periods
for members of the military.
(f) Sexual Exploitation - refers to participation
by a person in prostitution or the
production of pornographic materials as a
result of being subjected to a threat, deception,
coercion, abduction, force, abuse of authority,
debt bondage, fraud or through abuse of a
victim's vulnerability.
(g) Debt Bondage - refers to the pledging by the
debtor of his/her personal services or labor
or those of a person under his/her control
as security or payment for a debt, when the
length and nature of services is not clearly
defined or when the value of the services as
reasonably assessed is not applied toward the
liquidation of the debt.
(h) Pornography - refers to any representation,
through publication, exhibition,
cinematography, indecent shows,
information technology, or by whatever
means, of a person engaged in real or
simulated explicit sexual activities or any
representation of the sexual parts of a person
for primarily sexual purposes.
(i) Council - shall mean the Inter-Agency
Council Against Trafficking created under
Section 20 of this Act.
Section 4. Acts of Trafficking in Persons. - It shall be
unlawful for any person, natural or juridical, to commit
any of the following acts:
(a) To recruit, transport, transfer; harbor,
provide, or receive a person by any means,
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
including those done under the pretext of
domestic or overseas employment or training
or apprenticeship, for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(b) To introduce or match for money, profit,
or material, economic or other consideration,
any person or, as provided for under Republic
Act No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of
acquiring, buying, offering, selling or trading
him/her to engage in prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt
bondage;
(c) To offer or contract marriage, real or
simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to
engage in prostitution, pornography, sexual
exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel
plans consisting of tourism packages or
activities for the purpose of utilizing and
offering persons for prostitution, pornography
or sexual exploitation;
(e) To maintain or hire a person to engage in
prostitution or pornography;
(f) To adopt or facilitate the adoption of
persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct
a person, by means of threat or use of force,
fraud, deceit, violence, coercion, or
intimidation for the purpose of removal or sale
of organs of said person; and
(h) To recruit, transport or adopt a child to
engage in armed activities in the Philippines or
abroad.
Section 5. Acts that Promote Trafficking in Persons. - The
following acts which promote or facilitate trafficking in
persons, shall be unlawful:
(a) To knowingly lease or sublease, use or
allow to be used any house, building or
establishment for the purpose of
promoting trafficking in persons;
(b) To produce, print and issue or distribute
unissued, tampered or fake counseling
certificates, registration stickers and certificates
of any government agency which issues these
certificates and stickers as proof of compliance
with government regulatory and pre-departure
requirements for the purpose of promoting
trafficking in persons;
(c) To advertise, publish, print, broadcast or
distribute, or cause the advertisement,
publication, printing, broadcasting or
distribution by any means, including the use of
information technology and the internet, of
any brochure, flyer, or any propaganda material
that promotes trafficking in persons;
(d) To assist in the conduct of
misrepresentation or fraud for purposes of
facilitating the acquisition of clearances and
necessary exit documents from government
agencies that are mandated to provide pre-
departure registration and services for
departing persons for the purpose of
promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and
entry of persons from/to the country at
international and local airports, territorial
boundaries and seaports who are in possession
of unissued, tampered or fraudulent travel
documents for the purpose of promoting
trafficking in persons;
(f) To confiscate, conceal, or destroy the
passport, travel documents, or personal
documents or belongings of trafficked persons
in furtherance of trafficking or to prevent them
from leaving the country or seeking redress
from the government or appropriate agencies;
and
(g) To knowingly benefit from, financial or
otherwise, or make use of, the labor or services
of a person held to a condition of involuntary
servitude, forced labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The
following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through
Republic Act No. 8043, otherwise known as
the "Inter-Country Adoption Act of 1995"
and said adoption is for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(c) When the crime is committed by a
syndicate, or in large scale. Trafficking is
deemed committed by a syndicate if carried out
by a group of three (3) or more persons
conspiring or confederating with one
another. It is deemed committed in large scale
if committed against three (3) or more
persons, individually or as a group;
(d) When the offender is an ascendant,
parent, sibling, guardian or a person who
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
exercises authority over the trafficked person
or when the offense is committed by a
public officer or employee;
(e) When the trafficked person is recruited to
engage in prostitution with any member of
the military or law enforcement agencies;
(f) When the offender is a member of the
military or law enforcement agencies; and
(g) When by reason or on occasion of the act
of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or
is afflicted with Human
Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome
(AIDS).
Section 6. Confidentiality. - At any stage of the
investigation, prosecution and trial of an offense under
this Act, law enforcement officers, prosecutors, judges,
court personnel and medical practitioners, as well as
parties to the case, shall recognize the right to privacy
of the trafficked person and the accused. Towards this
end, law enforcement officers, prosecutors and judges
to whom the complaint has been referred may,
whenever necessary to ensure a fair and impartial
proceeding, and after considering all circumstances for
the best interest of the parties, order a closed-door
investigation, prosecution or trial. The name and
personal circumstances of the trafficked person or of
the accused, or any other information tending to
establish their identities and such circumstances or
information shall not be disclosed to the public.
In cases when prosecution or trial is conducted behind
closed-doors, it shall be unlawful for any editor,
publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television
and radio, producer and director of a film in case of the
movie industry, or any person utilizing tri-media
facilities or information technology to cause publicity
of any case of trafficking in persons.
Section 8. Prosecution of Cases. - Any person who has
personal knowledge of the commission of any
offense under this Act, the trafficked person, the
parents, spouse, siblings, children or legal guardian may
file a complaint for trafficking.
Section 9. Venue. - A criminal action arising from
violation of this Act shall be filed where the offense
was committed, or where any of its elements
occurred, or where the trafficked person actually
resides at the time of the commission of the
offense: Provided, That the court where the criminal
action is first filed shall acquire jurisdiction to the
exclusion of other courts.
Section 10. Penalties and Sanctions. - The following
penalties and sanctions are hereby established for the
offenses enumerated in this Act:
(a) Any person found guilty of committing any
of the acts enumerated in Section 4 shall suffer
the penalty of imprisonment of twenty (20)
years and a fine of not less than One million
pesos (P1,000,000.00) but not more than Two
million pesos (P2,000,000.00);
(b) Any person found guilty of committing any
of the acts enumerated in Section 5 shall suffer
the penalty of imprisonment of fifteen (15)
years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more
than One million pesos (P1,000,000.00);
(c) Any person found guilty of qualified
trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not
less than Two million pesos (P2,000,000.00)
but not more than Five million pesos
(P5,000,000.00);
(d) Any person who violates Section 7 hereof
shall suffer the penalty of imprisonment of
six (6) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);
(e) If the offender is a corporation,
partnership, association, club,
establishment or any juridical person, the
penalty shall be imposed upon the owner,
president, partner, manager, and/or any
responsible officer who participated in the
commission of the crime or who shall have
knowingly permitted or failed to prevent its
commission;
(f) The registration with the Securities and
Exchange Commission (SEC) and license to
operate of the erring agency, corporation,
association, religious group, tour or travel
agent, club or establishment, or any place of
entertainment shall be cancelled and revoked
permanently. The owner, president, partner or
manager thereof shall not be allowed to
operate similar establishments in a different
name;
(g) If the offender is a foreigner, he shall be
immediately deported after serving his
sentence and be barred permanently from
entering the country;
(h) Any employee or official of government
agencies who shall issue or approve the
issuance of travel exit clearances, passports,
registration certificates, counseling certificates,
marriage license, and other similar documents
to persons, whether juridical or natural,
recruitment agencies, establishments or other
individuals or groups, who fail to observe the
prescribed procedures and the requirement as
provided for by laws, rules and regulations,
shall be held administratively liable, without
prejudice to criminal liability under this Act.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
The concerned government official or
employee shall, upon conviction, be dismissed
from the service and be barred permanently to
hold public office. His/her retirement and
other benefits shall likewise be forfeited; and
(i) Conviction by final judgment of the adopter
for any offense under this Act shall result in the
immediate rescission of the decree of adoption.
Section 11. Use of Trafficked Persons. - Any person who
buys or engages the services of trafficked persons for
prostitution shall be penalized as follows:
(a) First offense - six (6) months of community
service as may be determined by the court and
a fine of Fifty thousand pesos (P50,000.00);
and
(b) Second and subsequent offenses -
imprisonment of one (1) year and a fine of One
hundred thousand pesos (P100,000.00).
Section 12. Prescriptive Period. - Trafficking cases under
this Act shall prescribe in ten (10) years: Provided,
however, That trafficking cases committed by a syndicate
or in a large scale as defined under Section 6 shall
prescribe in twenty (20) years.
The prescriptive period shall commence to run from
the day on which the trafficked person is delivered or
released from the conditions of bondage and shall be
interrupted by the filing of the complaint or
information and shall commence to run again when
such proceedings terminate without the accused being
convicted or acquitted or are unjustifiably stopped for
any reason not imputable to the accused.
Section 13. Exemption from Filing Fees. - When the
trafficked person institutes a separate civil action for
the recovery of civil damages, he/she shall be exempt
from the payment of filing fees.
Section 14. Confiscation and Forfeiture of the Proceeds and
Instruments Derived from Trafficking in Persons. - In addition
to the penalty imposed for the violation of this Act, the
court shall order the confiscation and forfeiture, in
favor of the government, of all the proceeds and
properties derived from the commission of the crime,
unless they are the property of a third person not liable
for the unlawful act; Provided, however, That all awards
for damages shall be taken from the personal and
separate properties of the offender; Provided,
further, That if such properties are insufficient, the
balance shall be taken from the confiscated and
forfeited properties.
When the proceeds, properties and instruments of the
offense have been destroyed, diminished in value or
otherwise rendered worthless by any act or omission,
directly or indirectly, of the offender, or it has been
concealed, removed, converted or transferred to
prevent the same from being found or to avoid
forfeiture or confiscation, the offender shall be ordered
to pay the amount equal to the value of the proceeds,
property or instruments of the offense.
Section 15. Trust Fund. - All fines imposed under this
Act and the proceeds and properties forfeited and
confiscated pursuant to Section 14 hereof shall accrue
to a Trust Fund to be administered and managed by
the Council to be used exclusively for programs that
will prevent acts of trafficking and protect, rehabilitate,
reintegrate trafficked persons into the mainstream of
society. Such programs shall include, but not limited to,
the following:
(a) Provision for mandatory services set forth
in Section 23 of this Act;
(b) Sponsorship of a national research program
on trafficking and establishment of a data
collection system for monitoring and
evaluation purposes;
(c) Provision of necessary technical and
material support services to appropriate
government agencies and non-government
organizations (NGOs);
(d) Sponsorship of conferences and seminars
to provide venue for consensus building
amongst the public, the academe, government,
NGOs and international organizations; and
(e) Promotion of information and education
campaign on trafficking.
Section 16. Programs that Address Trafficking in Persons. -
The government shall establish and implement
preventive, protective and rehabilitative programs for
trafficked persons. For this purpose, the following
agencies are hereby mandated to implement the
following programs;
(a) Department of Foreign Affairs (DFA) -
shall make available its resources and facilities
overseas for trafficked persons regardless of
their manner of entry to the receiving country,
and explore means to further enhance its
assistance in eliminating trafficking activities
through closer networking with government
agencies in the country and overseas,
particularly in the formulation of policies and
implementation of relevant programs.
The DFA shall take necessary measures for the
efficient implementation of the Machine
Readable Passports to protect the integrity of
Philippine passports, visas and other travel
documents to reduce the incidence of
trafficking through the use of fraudulent
identification documents.
It shall establish and implement a pre-marriage,
on-site and pre-departure counseling program
on intermarriages.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
(b) Department of Social Welfare and
Development (DSWD) - shall implement
rehabilitative and protective programs for
trafficked persons. It shall provide counseling
and temporary shelter to trafficked persons
and develop a system for accreditation among
NGOs for purposes of establishing centers and
programs for intervention in various levels of
the community.
(c) Department of Labor and Employment
(DOLE) - shall ensure the strict
implementation and compliance with the rules
and guidelines relative to the employment of
persons locally and overseas. It shall likewise
monitor, document and report cases of
trafficking in persons involving employers and
labor recruiters.
(d) Department of Justice (DOJ) - shall ensure
the prosecution of persons accused of
trafficking and designate and train special
prosecutors who shall handle and prosecute
cases of trafficking. It shall also establish a
mechanism for free legal assistance for
trafficked persons, in coordination with the
DSWD, Integrated Bar of the Philippines
(IBP) and other NGOs and volunteer groups.
(e) National Commission on the Role of
Filipino Women (NCRFW) - shall actively
participate and coordinate in the formulation
and monitoring of policies addressing the issue
of trafficking in persons in coordination with
relevant government agencies. It shall likewise
advocate for the inclusion of the issue of
trafficking in persons in both its local and
international advocacy for women's issues.
(f) Bureau of Immigration (BI) - shall strictly
administer and enforce immigration and alien
administration laws. It shall adopt measures for
the apprehension of suspected traffickers both
at the place of arrival and departure and shall
ensure compliance by the Filipino
fiancés/fiancées and spouses of foreign
nationals with the guidance and counseling
requirement as provided for in this Act.
(g) Philippine National Police (PNP) - shall be
the primary law enforcement agency to
undertake surveillance, investigation and arrest
of individuals or persons suspected to be
engaged in trafficking. It shall closely
coordinate with various law enforcement
agencies to secure concerted efforts for
effective investigation and apprehension of
suspected traffickers. It shall also establish a
system to receive complaints and calls to assist
trafficked persons and conduct rescue
operations.
(h) Philippine Overseas Employment
Administration (POEA) - shall implement an
effective pre-employment orientation seminars
and pre-departure counseling programs to
applicants for overseas employment. It shall
likewise formulate a system of providing free
legal assistance to trafficked persons.
(i) Department of the Interior and Local
Government (DILG) - shall institute a
systematic information and prevention
campaign and likewise maintain a databank for
the effective monitoring, documentation and
prosecution of cases on trafficking in persons.
(j) Local government units (LGUs) - shall
monitor and document cases of trafficking in
persons in their areas of jurisdiction, effect the
cancellation of licenses of establishments
which violate the provisions of this Act and
ensure effective prosecution of such cases.
They shall also undertake an information
campaign against trafficking in persons
through the establishment of the Migrants
Advisory and Information Network (MAIN)
desks in municipalities or provinces in
coordination with DILG, Philippine
Information Agency (PIA), Commission on
Filipinos Overseas (CFO), NGOs and other
concerned agencies. They shall encourage and
support community based initiatives which
address the trafficking in persons.
In implementing this Act, the agencies
concerned may seek and enlist the assistance of
NGOs, people's organizations (Pos), civic
organizations and other volunteer groups.
Section 17. Legal Protection to Trafficked Persons. -
Trafficked persons shall be recognized as victims of the
act or acts of trafficking and as such shall not be
penalized for crimes directly related to the acts of
trafficking enumerated in this Act or in obedience to
the order made by the trafficker in relation thereto. In
this regard, the consent of a trafficked person to the
intended exploitation set forth in this Act shall be
irrelevant.
Section 18. Preferential Entitlement Under the Witness
Protection Program. - Any provision of Republic Act No.
6981 to the contrary notwithstanding, any trafficked
person shall be entitled to the witness protection
program provided therein.
Section 19. Trafficked Persons Who are Foreign Nationals. -
Subject to the guidelines issued by the Council,
trafficked persons in the Philippines who are nationals
of a foreign country shall also be entitled to appropriate
protection, assistance and services available to
trafficked persons under this Act: Provided, That they
shall be permitted continued presence in the
Philippines for a length of time prescribed by the
Council as necessary to effect the prosecution of
offenders.
Section 20. Inter-Agency Council Against Trafficking. -
There is hereby established an Inter-Agency Council
Against Trafficking, to be composed of the Secretary
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
of the Department of Justice as Chairperson and the
Secretary of the Department of Social Welfare and
Development as Co-Chairperson and shall have the
following as members:
(a) Secretary, Department of Foreign Affairs;
(b) Secretary, Department of Labor and
Employment;
(c) Administrator, Philippine Overseas
Employment Administration;
(d) Commissioner, Bureau of Immigration;
(e) Director-General, Philippine National
Police;
(f) Chairperson, National Commission on the
Role of Filipino Women; and
(g) Three (3) representatives from NGOs, who
shall be composed of one (1) representative
each from among the sectors representing
women, overseas Filipino workers (OFWs) and
children, with a proven record of involvement
in the prevention and suppression of
trafficking in persons. These representatives
shall be nominated by the government agency
representatives of the Council, for
appointment by the President for a term of
three (3) years.
The members of the Council may designate
their permanent representatives who shall have
a rank not lower than an assistant secretary or
its equivalent to meetings, and shall receive
emoluments as may be determined by the
Council in accordance with existing budget and
accounting, rules and regulations.
Section 21. Functions of the Council. - The Council shall
have the following powers and functions:
(a) Formulate a comprehensive and integrated
program to prevent and suppress the
trafficking in persons;
(b) Promulgate rules and regulations as may be
necessary for the effective implementation of
this Act;
(c) Monitor and oversee the strict
implementation of this Act;
(d) Coordinate the programs and projects of
the various member agencies to effectively
address the issues and problems attendant to
trafficking in persons;
(e) Coordinate the conduct of massive
information dissemination and campaign on
the existence of the law and the various issues
and problems attendant to trafficking through
the LGUs, concerned agencies, and NGOs;
(f) Direct other agencies to immediately
respond to the problems brought to their
attention and report to the Council on action
taken;
(g) Assist in filing of cases against individuals,
agencies, institutions or establishments that
violate the provisions of this Act;
(h) Formulate a program for the reintegration
of trafficked persons in cooperation with
DOLE, DSWD, Technical Education and
Skills Development Authority (TESDA),
Commission on Higher Education (CHED),
LGUs and NGOs;
(i) Secure from any department, bureau, office,
agency, or instrumentality of the government
or from NGOs and other civic organizations
such assistance as may be needed to effectively
implement this Act;
(j) Complement the shared government
information system for migration established
under Republic Act No. 8042, otherwise
known as the "Migrant Workers and Overseas
Filipinos Act of 1995" with data on cases of
trafficking in persons, and ensure that the
proper agencies conduct a continuing research
and study on the patterns and scheme of
trafficking in persons which shall form the
basis for policy formulation and program
direction;
(k) Develop the mechanism to ensure the
timely, coordinated, and effective response to
cases of trafficking in persons;
(l) Recommend measures to enhance
cooperative efforts and mutual assistance
among foreign countries through bilateral
and/or multilateral arrangements to prevent
and suppress international trafficking in
persons;
(m) Coordinate with the Department of
Transportation and Communications
(DOTC), Department of Trade and Industry
(DTI), and other NGOs in monitoring the
promotion of advertisement of trafficking in
the internet;
(n) Adopt measures and policies to protect the
rights and needs of trafficked persons who are
foreign nationals in the Philippines;
(o) Initiate training programs in identifying and
providing the necessary intervention or
assistance to trafficked persons; and
(p) Exercise all the powers and perform such
other functions necessary to attain the
purposes and objectives of this Act.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Section 22. Secretariat to the Council. - The Department
of Justice shall establish the necessary Secretariat for
the Council.
Section 23. Mandatory Services to Trafficked Persons. - To
ensure recovery, rehabilitation and reintegration into
the mainstream of society, concerned government
agencies shall make available the following services to
trafficked persons:
(a) Emergency shelter or appropriate housing;
(b) Counseling;
(c) Free legal services which shall include
information about the victims' rights and the
procedure for filing complaints, claiming
compensation and such other legal remedies
available to them, in a language understood by
the trafficked person;
(d) Medical or psychological services;
(e) Livelihood and skills training; and
(f) Educational assistance to a trafficked child.
Sustained supervision and follow through mechanism
that will track the progress of recovery, rehabilitation
and reintegration of the trafficked persons shall be
adopted and carried out.
Section 24. Other Services for Trafficked Persons. -
(a) Legal Assistance. - Trafficked persons shall be
considered under the category "Overseas
Filipino in Distress" and may avail of the legal
assistance created by Republic Act No. 8042,
subject to the guidelines as provided by law.
(b) Overseas Filipino Resource Centers. - The
services available to overseas Filipinos as
provided for by Republic Act No. 8042 shall
also be extended to trafficked persons
regardless of their immigration status in the
host country.
(c) The Country Team Approach. - The country
team approach under Executive Order No. 74
of 1993, shall be the operational scheme under
which Philippine embassies abroad shall
provide protection to trafficked persons
insofar as the promotion of their welfare,
dignity and fundamental rights are concerned.
Section 25. Repatriation of Trafficked Persons. - The DFA,
in coordination with DOLE and other appropriate
agencies, shall have the primary responsibility for the
repatriation of trafficked persons, regardless of
whether they are documented or undocumented.
If, however, the repatriation of the trafficked persons
shall expose the victims to greater risks, the DFA shall
make representation with the host government for the
extension of appropriate residency permits and
protection, as may be legally permissible in the host
country.
Section 26. Extradition. - The DOJ, in consultation
with DFA, shall endeavor to include offenses of
trafficking in persons among extraditable
offenses.
Section 27. Reporting Requirements. - The Council shall
submit to the President of the Philippines and to
Congress an annual report of the policies, programs
and activities relative to the implementation of this Act.
Section 28. Funding. - The heads of the departments
and agencies concerned shall immediately include in
their programs and issue such rules and regulations to
implement the provisions of this Act, the funding of
which shall be included in the annual General
Appropriations Act.
Section 29. Implementing Rules and Regulations. - The
Council shall promulgate the necessary implementing
rules and regulations within sixty (60) days from the
effectivity of this Act.
Section 30. Non-restriction of Freedom of Speech and of
Association, Religion and the Right to Travel. - Nothing in
this Act shall be interpreted as a restriction of the
freedom of speech and of association, religion and the
right to travel for purposes not contrary to law as
guaranteed by the Constitution.
Section 31. Separability Clause. - If, for any reason, any
section or provision of this Act is held unconstitutional
or invalid, the other sections or provisions hereof shall
not be affected thereby.
Section 32. Repealing clause. - All laws, presidential
decrees, executive orders and rules and regulations, or
parts thereof, inconsistent with the provisions of this
Act are hereby repealed or modified
accordingly: Provided, That this Act shall not in any way
amend or repeal the provision of Republic Act No.
7610, otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and
Discrimination Act".
Section 33. Effectivity. - This Act shall take effect
fifteen (15) days from the date of its complete
publication in at least two (2) newspapers of general
circulation.
REPUBLIC ACT No. 10364
AN ACT EXPANDING REPUBLIC ACT NO.
9208, ENTITLED "AN ACT TO INSTITUTE
POLICIES TO ELIMINATE TRAFFICKING
IN PERSONS ESPECIALLY WOMEN AND
CHILDREN, ESTABLISHING THE
NECESSARY INSTITUTIONAL
MECHANISMS FOR THE PROTECTION
AND SUPPORT OF TRAFFICKED PERSONS,
PROVIDING PENALTIES FOR ITS
VIOLATIONS AND FOR OTHER PURPOSES"
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Short Title. – This Act shall be known as the
"Expanded Anti-Trafficking in Persons Act of 2012″.
Section 2. Section 2 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 2. Declaration of Policy. – It is hereby
declared that the State values the dignity of
every human person and guarantees the respect
of individual rights. In pursuit of this policy,
the State shall give highest priority to the
enactment of measures and development of
programs that will promote human dignity,
protect the people from any threat of violence
and exploitation, eliminate trafficking in
persons, and mitigate pressures for involuntary
migration and servitude of persons, not only to
support trafficked persons but more
importantly, to ensure their recovery,
rehabilitation and reintegration into the
mainstream of society.
"It shall be a State policy to recognize the equal
rights and inherent human dignity of women
and men as enshrined in the United Nations
Universal Declaration on Human Rights,
United Nations Convention on the
Elimination of All Forms of Discrimination
Against Women, United Nations Convention
on the Rights of the Child, United Nations
Convention on the Protection of Migrant
Workers and their Families, United Nations
Convention Against Transnational Organized
Crime Including its Protocol to Prevent,
Suppress and Punish Trafficking in Persons,
Especially Women and Children and all other
relevant and universally accepted human rights
instruments and other international
conventions to which the Philippines is a
signatory."
Section 3. Section 3 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 3. Definition of Terms. – As used in this
Act:
"(a) Trafficking in Persons – refers to the
recruitment, obtaining, hiring,
providing, offering, transportation,
transfer, maintaining, harboring, or
receipt of persons with or without the
victim’s consent or knowledge, within
or across national borders by means of
threat, or use of force, or other forms
of coercion, abduction, fraud,
deception, abuse of power or of
position, taking advantage of the
vulnerability of the person, or, the
giving or receiving of payments or
benefits to achieve the consent of a
person having control over another
The Revised Penal Code | VENTEROSO | 89
person for the purpose of exploitation
which includes at a minimum, the
exploitation or the prostitution of
others or other forms of sexual
exploitation, forced labor or services,
slavery, servitude or the removal or sale
of organs.
"The recruitment, transportation,
transfer, harboring, adoption or receipt
of a child for the purpose of
exploitation or when the adoption is
induced by any form of consideration
for exploitative purposes shall also be
considered as ‘trafficking in persons’
even if it does not involve any of the
means set forth in the preceding
paragraph.
"(b) Child – refers to a person below
eighteen (18) years of age or one who
is over eighteen (18) but is unable to
fully take care of or protect
himself/herself from abuse, neglect,
cruelty, exploitation, or discrimination
because of a physical or mental
disability or condition.
"(c) Prostitution – refers to any act,
transaction, scheme or design
involving the use of a person by
another, for sexual intercourse or
lascivious conduct in exchange for
money, profit or any other
consideration.
"(d) Forced Labor – refers to the
extraction of work or services from any
person by means of enticement,
violence, intimidation or threat, use of,
force or coercion, including
deprivation of freedom, abuse of
authority or moral ascendancy, debt-
bondage or deception including any
work or service extracted from any
person under the menace of penalty.
"(e) Slavery – refers to the status or
condition of a person over whom any
or all of the powers attaching to the
right of ownership are exercised.
"(f) Involuntary Servitude – refers to a
condition of enforced and compulsory
service induced by means of any
scheme, plan or pattern, intended to
cause a person to believe that if he or
she did not enter into or continue in
such condition, he or she or another
person would suffer serious harm or
other forms of abuse or physical
restraint, or threat of abuse or harm, or
coercion including depriving access to
travel documents and withholding
 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
salaries, or the abuse or threatened
abuse of the legal process.
"(g) Sex Tourism – refers to a program
organized by travel and tourism-related
establishments and individuals which
consists of tourism packages or
activities, utilizing and offering escort
and sexual services as enticement for
tourists. This includes sexual services
and practices offered during rest and
recreation periods for members of the
military.
"(h) Sexual Exploitation – refers to
participation by a person in
prostitution, pornography or the
production of pornography, in
exchange for money, profit or any
other consideration or where the
participation is caused or facilitated by
any means of intimidation or threat,
use of force, or other forms of
coercion, abduction, fraud, deception,
debt bondage, abuse of power or of
position or of legal process, taking
advantage of the vulnerability of the
person, or giving or receiving of
payments or benefits to achieve the
consent of a person having control
over another person; or in sexual
intercourse or lascivious conduct
caused or facilitated by any means as
provided in this Act.
"(i) Debt Bondage – refers to the
pledging by the debtor of his/her
personal services or labor or those of a
person under his/her control as
security or payment for a debt, when
the length and nature of services is not
clearly defined or when the value of the
services as reasonably assessed is not
applied toward the liquidation of the
debt.
"(j) Pornography – refers to any
representation, through publication,
exhibition, cinematography, indecent
shows, information technology, or by
whatever means, of a person engaged
in real or simulated explicit sexual
activities or any representation of the
sexual parts of a person for primarily
sexual purposes.
"(k) Council – shall mean the Inter-
Agency Council Against Trafficking
created under Section 20 of this Act."
Section 4. Section 4 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 4. Acts of Trafficking in Persons. – It shall
be unlawful for any person, natural or juridical,
to commit any of the following acts:
"(a) To recruit, obtain, hire, provide,
offer, transport, transfer, maintain,
harbor, or receive a person by any
means, including those done under the
pretext of domestic or overseas
employment or training or
apprenticeship, for the purpose of
prostitution, pornography, or sexual
exploitation;
"(b) To introduce or match for money,
profit, or material, economic or other
consideration, any person or, as
provided for under Republic Act No.
6955, any Filipino woman to a foreign
national, for marriage for the purpose
of acquiring, buying, offering, selling or
trading him/her to engage in
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
"(c) To offer or contract marriage, real
or simulated, for the purpose of
acquiring, buying, offering, selling, or
trading them to engage in prostitution,
pornography, sexual exploitation,
forced labor or slavery, involuntary
servitude or debt bondage;
"(d) To undertake or organize tours
and travel plans consisting of tourism
packages or activities for the purpose
of utilizing and offering persons for
prostitution, pornography or sexual
exploitation;
"(e) To maintain or hire a person to
engage in prostitution or
pornography;
"(f) To adopt persons by any form of
consideration for exploitative
purposes or to facilitate the same for
purposes of prostitution, pornography,
sexual exploitation, forced labor,
slavery, involuntary servitude or debt
bondage;
"(g) To adopt or facilitate the
adoption of persons for the purpose
of prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
"(h) To recruit, hire, adopt, transport,
transfer, obtain, harbor, maintain,
provide, offer, receive or abduct a
person, by means of threat or use of
force, fraud, deceit, violence,
coercion, or intimidation for the
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
purpose of removal or sale of organs of
said person;
"(i) To recruit, transport, obtain,
transfer, harbor, maintain, offer, hire,
provide, receive or adopt a child to
engage in armed activities in the
Philippines or abroad;
"(j) To recruit, transport, transfer,
harbor, obtain, maintain, offer, hire,
provide or receive a person by means
defined in Section 3 of this Act for
purposes of forced labor, slavery, debt
bondage and involuntary servitude,
including a scheme, plan, or pattern
intended to cause the person either:
"(1) To believe that if the
person did not perform such
labor or services, he or she or
another person would suffer
serious harm or physical
restraint; or
"(2) To abuse or threaten the
use of law or the legal
processes; and
"(k) To recruit, transport, harbor,
obtain, transfer, maintain, hire, offer,
provide, adopt or receive a child for
purposes of exploitation or trading
them, including but not limited to, the
act of baring and/or selling a child for
any consideration or for barter for
purposes of exploitation. Trafficking
for purposes of exploitation of
children shall include:
"(1) All forms of slavery or
practices similar to slavery,
involuntary servitude, debt
bondage and forced labor,
including recruitment of
children for use in armed
conflict;
"(2) The use, procuring or
offering of a child for
prostitution, for the
production of pornography,
or for pornographic
performances;
"(3) The use, procuring or
offering of a child for the
production and trafficking
of drugs; and
"(4) The use, procuring or
offering of a child for illegal
activities or work which, by its
nature or the circumstances in
which it is carried out, is likely
to harm their health, safety
or morals; and
"(l) To organize or direct other persons to
commit the offenses defined as acts of
trafficking under this Act."
Section 5. A new Section 4-A is hereby inserted in
Republic Act No. 9208, to read as follows:
"SEC. 4-A. Attempted Trafficking in Persons.
– Where there are acts to initiate the
commission of a trafficking offense but the
offender failed to or did not execute all the
elements of the crime, by accident or by reason
of some cause other than voluntary desistance,
such overt acts shall be deemed as an attempt
to commit an act of trafficking in persons. As
such, an attempt to commit any of the offenses
enumerated in Section 4 of this Act shall
constitute attempted trafficking in persons.
"In cases where the victim is a child, any of the
following acts shall also be deemed as
attempted trafficking in persons:
"(a) Facilitating the travel of a child
who travels alone to a foreign country
or territory without valid reason
therefor and without the required
clearance or permit from the
Department of Social Welfare and
Development, or a written permit or
justification from the child’s parent
or legal guardian;
"(b) Executing, for a consideration,
an affidavit of consent or a written
consent for adoption;
"(c) Recruiting a woman to bear a
child for the purpose of selling the
child;
"(d) Simulating a birth for the
purpose of selling the child; and
"(e) Soliciting a child and acquiring the
custody thereof through any means
from among hospitals, clinics,
nurseries, daycare centers, refugee or
evacuation centers, and low-income
families, for the purpose of selling the
child."
Section 6. A new Section 4-B is hereby inserted in
Republic Act No. 9208, to read as follows:
"SEC. 4-B. Accomplice Liability. – Whoever
knowingly aids, abets, cooperates in the
execution of the offense by previous or
simultaneous acts defined in this Act shall be
punished in accordance with the provisions of
Section 10(c) of this Act."
The Revised Penal Code | VENTEROSO | 91
 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Section 7. A new Section 4-C is hereby inserted in
Republic Act No. 9208, to read as follows:
"SEC. 4-C. Accessories. – Whoever has the
knowledge of the commission of the crime,
and without having participated therein,
either as principal or as accomplices, take part
in its commission in any of the following
manners:
"(a) By profiting themselves or
assisting the offender to profit by the
effects of the crime;
"(b) By concealing or destroying the
body of the crime or effects or
instruments thereof, in order to
prevent its discovery;
"(c) By harboring, concealing or
assisting in the escape of the
principal of the crime, provided the
accessory acts with abuse of his or her
public functions or is known to be
habitually guilty of some other crime.
"Acts defined in this provision shall be
punished in accordance with the provision of
Section 10(d) as stated thereto."
Section 8. Section 5 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 5. Acts that Promote Trafficking in Persons. –
The following acts which promote or facilitate
trafficking in persons, shall be unlawful:
"(a) xxx
"(b) To produce, print and issue or
distribute unissued, tampered or
fake counseling certificates,
registration stickers, overseas
employment certificates or other
certificates of any government agency
which issues these certificates, decals
and such other markers as proof of
compliance with government
regulatory and pre-departure
requirements for the purpose of
promoting trafficking in persons;
"(c) xxx
"(d) xxx
"(e) xxx
"(f) xxx
"(g) xxx
"(h) To tamper with, destroy, or cause
the destruction of evidence, or to
influence or attempt to influence
witnesses, in an investigation or
prosecution of a case under this Act;
"(i) To destroy, conceal, remove,
confiscate or possess, or attempt to
destroy, conceal, remove, confiscate or
possess, any actual or purported
passport or other travel, immigration
or working permit or document, or any
other actual or purported government
identification, of any person in order to
prevent or restrict, or attempt to
prevent or restrict, without lawful
authority, the person’s liberty to move
or travel in order to maintain the labor
or services of that person; or
"(j) To utilize his or her office to
impede the investigation, prosecution
or execution of lawful orders in a case
under this Act."
Section 9. Section 6 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 6. Qualified Trafficking in Persons.
– Violations of Section 4 of this Act shall be
considered as qualified trafficking:
"x x x
"(d) When the offender is a spouse, an
ascendant, parent, sibling, guardian or a
person who exercises authority over the
trafficked person or when the offense is
committed by a public officer or employee;
"x x x
"(f) When the offender is a member of the
military or law enforcement agencies;
"(g) When by reason or on occasion of the act
of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or
is afflicted with Human
Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome
(AIDS);
"(h) When the offender commits one or more
violations of Section 4 over a period of sixty
(60) or more days, whether those days are
continuous or not; and
"(i) When the offender directs or through
another manages the trafficking victim in
carrying out the exploitative purpose of
trafficking."
Section 10. Section 7 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 7. Confidentiality. – At any stage of the
investigation, rescue, prosecution and trial of
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
an offense under this Act, law enforcement
officers, prosecutors, judges, court personnel,
social workers and medical practitioners, as
well as parties to the case, shall protect the right
to privacy of the trafficked person. Towards
this end, law enforcement officers, prosecutors
and judges to whom the complaint has been
referred may, whenever necessary to ensure a
fair and impartial proceeding, and after
considering all circumstances for the best
interest of the parties, order a closed-door
investigation, prosecution or trial. The name
and personal circumstances of the trafficked
person or any other information tending to
establish the identity of the trafficked person
and his or her family shall not be disclosed to
the public.
"It shall be unlawful for any editor, publisher,
and reporter or columnist in case of printed
materials, announcer or producer in case of
television and radio, producer and director of
a film in case of the movie industry, or any
person utilizing tri-media facilities or electronic
information technology to cause publicity of
the name, personal circumstances, or any
information tending to establish the identity of
the trafficked person except when the
trafficked person in a written statement duly
notarized knowingly, voluntarily and willingly
waives said confidentiality.
"Law enforcement officers, prosecutors,
judges, court personnel, social workers and
medical practitioners shall be trained on the
importance of maintaining confidentiality as a
means to protect the right to privacy of victims
and to encourage victims to file complaints."
Section 11. Section 8 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 8. Initiation and Prosecution of Cases. –
"(a) Initiation of Investigation. – Law enforcement
agencies are mandated to immediately initiate
investigation and counter-trafficking-
intelligence gathering upon receipt of
statements or affidavit from victims of
trafficking, migrant workers, or their families
who are in possession of knowledge or
information about trafficking in persons cases.
"(b) Prosecution of Cases. – Any person who has
personal knowledge of the commission of any
offense under this Act, such as the trafficked
person, the parents, spouse, siblings, children
or legal guardian may file a complaint for
trafficking.
"(c) Affidavit of Desistance. – Cases involving
trafficking in persons should not be dismissed
based on the affidavit of desistance executed by
the victims or their parents or legal guardians.
Public and private prosecutors are directed to
oppose and manifest objections to motions for
dismissal.
"Any act involving the means provided in this
Act or any attempt thereof for the purpose of
securing an Affidavit of Desistance from the
complainant shall be punishable under this
Act."
Section 12. Section 10 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 10. Penalties and Sanctions. – The
following penalties and sanctions are hereby
established for the offenses enumerated in this
Act:
"(a) Any person found guilty of committing
any of the acts enumerated in Section 4 shall
suffer the penalty of imprisonment of twenty
(20) years and a fine of not less than One
million pesos (P1,000,000.00) but not more
than Two million pesos (P2,000,000.00);
"(b) Any person found guilty of committing
any of the acts enumerated in Section 4-A of
this Act shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of
not less than Five hundred thousand pesos
(P500,000.00) but not more than One million
pesos (P1,000,000.00);
"(c) Any person found guilty of Section 4-B of
this Act shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of
not less than Five hundred thousand pesos
(P500,000.00) but not more than One million
pesos (P1,000,000.00);
"In every case, conviction shall cause and carry
the automatic revocation of the license or
registration of the recruitment agency involved
in trafficking. The license of a recruitment
agency which trafficked a child shall be
automatically revoked.
"(d) Any person found, guilty of committing
any of the acts enumerated in Section 5 shall
suffer the penalty of imprisonment of fifteen
(15) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);
"(e) Any person found guilty of qualified
trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not
less than Two million pesos (P2,000,000.00)
but not more than Five million pesos
(P5,000,000.00);
"(f) Any person who violates Section 7 hereof
shall suffer the penalty of imprisonment of six
(6) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
"(g) If the offender is a corporation,
partnership, association, club, establishment or
any juridical person, the penalty shall be
imposed upon the owner, president, partner,
manager, and/or any responsible officer who
participated in the commission of the crime or
who shall have knowingly permitted or failed
to prevent its commission;
"(h) The registration with the Securities and
Exchange Commission (SEC) and license to
operate of the erring agency, corporation,
association, religious group, tour or travel
agent, club or establishment, or any place of
entertainment shall be cancelled and revoked
permanently. The owner, president, partner or
manager thereof shall not be allowed to
operate similar establishments in a different
name;
"(i) If the offender is a foreigner, he or she shall
be immediately deported after serving his or
her sentence and be barred permanently from
entering the country;
"(j) Any employee or official of government
agencies who shall issue or approve the
issuance of travel exit clearances, passports,
registration certificates, counseling certificates,
marriage license, and other similar documents
to persons, whether juridical or natural,
recruitment agencies, establishments or other
individuals or groups, who fail to observe the
prescribed procedures and the requirement as
provided for by laws, rules and regulations,
shall be held administratively liable, without
prejudice to criminal liability under this Act.
The concerned government official or
employee shall, upon conviction, be dismissed
from the service and be barred permanently to
hold public office. His or her retirement and
other benefits shall likewise be forfeited; and
"(k) Conviction, by final judgment of the
adopter for any offense under this Act shall
result in the immediate rescission of the decree
of adoption."
Section 13. Section 11 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 11. Use of Trafficked Persons. – Any person
who buys or engages the services of a trafficked
person for prostitution shall be penalized with
the following: Provided, That the Probation Law
(Presidential Decree No. 968) shall not apply:
"(a) Prision Correccional in its maximum
period to prision mayor or six (6) years to
twelve (12) years imprisonment and a
fine of not less than Fifty thousand
pesos (P50,000.00) but not more than
One hundred thousand pesos
(P100,000.00): Provided, however, That
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the following acts shall be exempted
thereto:
"(1) If an offense under paragraph (a)
involves sexual intercourse or
lascivious conduct with a child, the
penalty shall be reclusion temporal in its
medium period to reclusion perpetua or
seventeen (17) years to forty (40) years
imprisonment and a fine of not less
than Five hundred thousand pesos
(P500,000.00) but not more than One
million pesos (P1,000,000.00);
"(2) If an offense under paragraph (a)
involves carnal knowledge of, or sexual
intercourse with, a male or female
trafficking victim and also involves the
use of force or intimidation, to a victim
deprived of reason or to an
unconscious victim, or a victim under
twelve (12) years of age, instead of the
penalty prescribed in the subparagraph
above the penalty shall be a fine of not
less than One million pesos
(P1,000,000.00) but not more than Five
million pesos (P5,000,000.00) and
imprisonment of reclusion perpetua or
forty (40) years imprisonment with no
possibility of parole; except that if a
person violating paragraph (a) of this
section knows the person that
provided prostitution services is in fact
a victim of trafficking, the offender
shall not be likewise penalized under
this section but under Section 10 as a
person violating Section 4; and if in
committing such an offense, the
offender also knows a qualifying
circumstance for trafficking, the
offender shall be penalized under
Section 10 for qualified trafficking. If in
violating this section the offender also
violates Section 4, the offender shall be
penalized under Section 10 and, if
applicable, for qualified trafficking
instead of under this section;
"(b) Deportation. – If a foreigner
commits any offense described by
paragraph (1) or (2) of this section or
violates any pertinent provision of this
Act as an accomplice or accessory to,
or by attempting any such offense, he
or she shall be immediately deported
after serving his or her sentence and be
barred permanently from entering the
country; and
"(c) Public Official. – If the offender is a
public official, he or she shall be
dismissed from service and shall suffer
perpetual absolute disqualification to
hold public, office, in addition to any
imprisonment or fine received
 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
pursuant to any other provision of this
Act."
Section 14. Section 12 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 12. Prescriptive Period. – Trafficking cases
under this Act shall prescribe in ten (10)
years: Provided, however, That trafficking cases
committed by a syndicate or in a large scale
as defined under Section 6, or against a
child, shall prescribe in twenty (20) years.
"The prescriptive period shall commence to
run from the day on which the trafficked
person is delivered or released from the
conditions of bondage, or in the case of a
child victim, from the day the child reaches the
age of majority, and shall be interrupted by the
filing of the complaint or information and shall
commence to run again when the proceedings
terminate without the accused being convicted
or acquitted or are unjustifiably stopped for any
reason not imputable to the accused."
Section 15. Section 16 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 16. Programs that Address Trafficking in
Persons. – The government shall establish and
implement preventive, protective and
rehabilitative programs for trafficked persons.
For this purpose, the following agencies are
hereby mandated to implement the following
programs:
"(a) Department of Foreign Affairs
(DFA) – shall make available its
resources and facilities overseas for
trafficked persons regardless of their
manner of entry to the receiving
country, and explore means to further
enhance its assistance in eliminating
trafficking activities through closer
networking with government agencies
in the country and overseas,
particularly in the formulation of
policies and implementation of
relevant programs. It shall provide
Filipino victims of trafficking overseas
with free legal assistance and counsel to
pursue legal action against his or her
traffickers, represent his or her
interests in any criminal investigation
or prosecution, and assist in the
application for social benefits and/or
regular immigration status as may be
allowed or provided for by the host
country. The DFA shall repatriate
trafficked Filipinos with the consent of
the victims.
"The DFA shall take necessary
measures for the efficient
implementation of the Electronic
The Revised Penal Code | VENTEROSO | 95
Passporting System to protect the
integrity of Philippine passports, visas
and other travel documents to reduce
the incidence of trafficking through the
use of fraudulent identification
documents.
"In coordination with the Department
of Labor and Employment, it shall
provide free temporary shelters and
other services to Filipino victims of
trafficking overseas through the
migrant workers and other overseas
Filipinos resource centers established
overseas under Republic Act No. 8042,
as amended.
"(b) Department of Social Welfare and
Development (DSWD) – shall
implement rehabilitative and protective
programs for trafficked persons. It
shall provide counseling and temporary
shelter to trafficked persons and
develop a system for accreditation
among NGOs for purposes of
establishing centers and programs for
intervention in various levels of the
community. It shall establish free
temporary shelters, for the protection
and housing of trafficked persons to
provide the following basic services to
trafficked persons:
"(1) Temporary housing and
food facilities;
"(2) Psychological support and
counseling;
"(3) 24-hour call center for
crisis calls and technology-
based counseling and referral
system;
"(4) Coordination with local
law enforcement entities; and
"(5) Coordination with the
Department of Justice, among
others.
"The DSWD must conduct
information campaigns in communities
and schools teaching parents and
families that receiving consideration in
exchange for adoption is punishable
under the law. Furthermore,
information campaigns must be
conducted with the police that they
must not induce poor women to give
their children up for adoption in
exchange for consideration.
"(c) Department of Labor and
Employment (DOLE) – shall ensure
 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
the strict implementation and
compliance with the rules and
guidelines relative to the employment
of persons locally and overseas. It shall
likewise monitor, document and report
cases of trafficking in persons
involving employers and labor
recruiters.
"(d) Department of Justice (DOJ) –
shall ensure the prosecution of persons
accused of trafficking and designate
and train special prosecutors who shall
handle and prosecute cases of
trafficking. It shall also establish a
mechanism for free legal assistance for
trafficked persons, in coordination
with the DSWD, Integrated Bar of the
Philippines (IBP) and other NGOs and
volunteer groups.
"(e) Philippine Commission on
Women (PCW) – shall actively
participate and coordinate in the
formulation and monitoring of policies
addressing the issue of trafficking in
persons in coordination with relevant
government agencies. It shall likewise
advocate for the inclusion of the issue
of trafficking in persons in both its
local and international advocacy for
women’s issues.
"(f) Bureau of Immigration (BI) – shall
strictly administer and enforce
immigration and alien administration
laws. It shall adopt measures for the
apprehension of suspected traffickers
both at the place of arrival and
departure and shall ensure compliance
by the Filipino fiancés/fiancées and
spouses of foreign nationals with the
guidance and counseling requirement
as provided for in this Act.
"(g) Philippine National Police (PNP)
and National Bureau of Investigation
(NBI) – shall be the primary law
enforcement agencies to undertake
surveillance, investigation and arrest of
individuals or persons suspected to be
engaged in trafficking. They shall
closely coordinate with each other and
with other law enforcement agencies to
secure concerted efforts for effective
investigation and apprehension of
suspected traffickers. They shall also
establish a system to receive
complaints and calls to assist trafficked
persons and conduct rescue
operations.
"(h) Philippine Overseas Employment
Administration (POEA) and Overseas
Workers and Welfare Administration
The Revised Penal Code | VENTEROSO | 96
(OWWA) – POEA shall implement
Pre-Employment Orientation
Seminars (PEOS) while Pre-Departure
Orientation Seminars (PDOS) shall be
conducted by the OWWA. It shall
likewise formulate a system of
providing free legal assistance to
trafficked persons, in coordination
with the DFA.
"The POEA shall create a blacklist of
recruitment agencies, illegal recruiters
and persons facing administrative, civil
and criminal complaints for trafficking
filed in the receiving country and/or in
the Philippines and those agencies,
illegal recruiters and persons involved
in cases of trafficking who have been
rescued by the DFA and DOLE in the
receiving country or in the Philippines
even if no formal administrative, civil
or criminal complaints have been
filed: Provided, That the rescued victims
shall execute an affidavit attesting to
the acts violative of the anti-trafficking
law. This blacklist shall be posted in
conspicuous places in concerned
government agencies and shall be
updated bi-monthly.
"The blacklist shall likewise be posted
by the POEA in the shared
government information system,
which is mandated to be established
under Republic Act No. 8042, as
amended.
"The POEA and OWWA shall accredit
NGOs and other service providers to
conduct PEOS and PDOS,
respectively. The PEOS and PDOS
should include the discussion and
distribution of the blacklist.
"The license or registration of a
recruitment agency that has been
blacklisted may be suspended by the
POEA upon a review of the
complaints filed against said agency.
"(i) Department of the Interior and
Local Government (DILG) – shall
institute a systematic information and
prevention campaign in coordination
with pertinent agencies of government
as provided for in this Act. It shall
provide training programs to local
government units, in coordination with
the Council, in ensuring wide
understanding and application of this
Act at the local level.
"(j) Commission on Filipinos Overseas
– shall conduct pre-departure
counseling services for Filipinos in
 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
intermarriages. It shall develop a
system for accreditation of NGOs that
may be mobilized for purposes of
conducting pre-departure counseling
services for Filipinos in intermarriages.
As such, it shall ensure that the
counselors contemplated under this
Act shall have the minimum
qualifications and training of guidance
counselors as provided for by law.
"It shall likewise assist in the conduct
of information campaigns against
trafficking in coordination with local
government units, the Philippine
Information Agency, and NGOs.
"(k) Local government units (LGUs) –
shall monitor and document cases of
trafficking in persons in their areas of
jurisdiction, effect the cancellation of
licenses of establishments which
violate the provisions of this Act and
ensure effective prosecution of such
cases. They shall also undertake an
information campaign against
trafficking in persons through the
establishment of the Migrants
Advisory and Information Network
(MAIN) desks in municipalities or
provinces in coordination with the
DILG, Philippine Information Agency
(PIA), Commission on Filipinos
Overseas (CFO), NGOs and other
concerned agencies. They shall
encourage and support community-
based initiatives which address the
trafficking in persons.
"In implementing this Act, the agencies
concerned may seek and enlist the
assistance of NGOs, people’s
organizations (POs), civic
organizations and other volunteer
groups."
Section 16. A new Section 16-A is hereby inserted into
Republic Act No. 9208, to read as follows:
"SEC. 16-A. Anti-Trafficking in Persons
Database. – An anti-trafficking in persons
central database shall be established by the
Inter-Agency Council Against Trafficking
created under Section 20 of this Act. The
Council shall submit a report to the President
of the Philippines and to Congress, on or
before January 15 of every year, with respect to
the preceding year’s programs and data on
trafficking-related cases.
"All government agencies tasked under the law
to undertake programs and render assistance to
address trafficking in persons shall develop
their respective monitoring and data collection
systems, and databases, for purposes of
ensuring efficient collection and storage of data
on cases of trafficking in persons handled by
their respective offices. Such data shall be
submitted to the Council for integration in a
central database system.
"For this purpose, the Council is hereby tasked
to ensure the harmonization and
standardization of databases, including
minimum data requirements, definitions,
reporting formats, data collection systems, and
data verification systems. Such databases shall
have, at the minimum, the following
information:
"(a) The number of cases of trafficking
in persons, sorted according to status
of cases, including the number of cases
being investigated, submitted for
prosecution, dropped, and filed and/or
pending before the courts and the
number of convictions and acquittals;
"(b) The profile/information on each
case;
"(c) The number of victims of
trafficking in persons referred to the
agency by destination countries/areas
and by area of origin; and
"(d) Disaggregated data on trafficking
victims and the accused/defendants."
Section 17. Section 17 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 17. Legal Protection to Trafficked Persons.
– Trafficked persons shall be recognized as
victims of the act or acts of trafficking and as
such, shall not be penalized for unlawful acts
committed as a direct result of, or as an
incident or in relation to, being trafficked based
on the acts of trafficking enumerated in this
Act or in obedience to the order made by the
trafficker in relation thereto. In this regard, the
consent of a trafficked person to the intended
exploitation set forth in this Act shall be
irrelevant.
"Victims of trafficking for purposes of
prostitution as defined under Section 4 of this
Act are not covered by Article 202 of the
Revised Penal Code and as such, shall not be
prosecuted, fined, or otherwise penalized
under the said law."
Section 18. A new Section 17-A is hereby inserted into
Republic Act No. 9208, to read as follows:
"SEC. 17-A. Temporary Custody of Trafficked
Victims. – The rescue of victims should be
done as much as possible with the assistance of
the DSWD or an accredited NGO that services
trafficked victims. A law enforcement officer,
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
on a reasonable suspicion that a person is a
victim of any offense defined under this Act
including attempted trafficking, shall
immediately place that person in the temporary
custody of the local social welfare and
development office, or any accredited or
licensed shelter institution devoted to
protecting trafficked persons after the rescue."
Section 19. A new Section 17-B is hereby inserted into
Republic Act No. 9208, to read as follows:
"SEC. 17-B. Irrelevance of Past Sexual Behavior,
Opinion Thereof or Reputation of Victims and of
Consent of Victims in Cases of Deception, Coercion
and Other Prohibited Means. – The past sexual
behavior or the sexual predisposition of a
trafficked person shall be considered
inadmissible in evidence for the purpose of
proving consent of the victim to engage in
sexual behavior, or to prove the predisposition,
sexual or otherwise, of a trafficked person.
Furthermore, the consent of a victim of
trafficking to the intended exploitation shall be
irrelevant where any of the means set forth in
Section 3(a) of this Act has been used."
Section 20. A new Section 17-C is hereby inserted into
Republic Act No. 9208, to read as follows:
"SEC. 17-C. Immunity from Suit, Prohibited Acts
and Injunctive Remedies. – No action or suit shall
be brought, instituted or maintained in any
court or tribunal or before any other authority
against any: (a) law enforcement officer; (b)
social worker; or (c) person acting in
compliance with a lawful order from any of the
above, for lawful acts done or statements made
during an authorized rescue operation,
recovery or rehabilitation/intervention, or an
investigation or prosecution of an anti-
trafficking case: Provided, That such acts shall
have been made in good faith.
"The prosecution of retaliatory suits against
victims of trafficking shall be held in abeyance
pending final resolution and decision of
criminal complaint for trafficking.
"It shall be prohibited for the DFA, the
DOLE, and the POEA officials, law
enforcement officers, prosecutors and judges
to urge complainants to abandon their
criminal, civil and administrative complaints
for trafficking.
"The remedies of injunction and attachment of
properties of the traffickers, illegal recruiters
and persons involved in trafficking may be
issued motu proprio by judges."
Section 21. Section 20 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 20. Inter-Agency Council Against Trafficking.
– There is hereby established an Inter-Agency
Council Against Trafficking, to be composed
of the Secretary of the Department of Justice
as Chairperson and the Secretary of the
Department of Social Welfare and
Development as Co-Chairperson and shall
have the following as members:
"(a) Secretary, Department of Foreign
Affairs;
"(b) Secretary, Department of Labor
and Employment;
"(c) Secretary, Department of the
Interior and Local Government;
"(d) Administrator, Philippine
Overseas Employment
Administration;
"(e) Commissioner, Bureau of
Immigration;
"(f) Chief, Philippine National Police;
"(g) Chairperson, Philippine
Commission on Women;
"(h) Chairperson, Commission on
Filipinos Overseas;
"(i) Executive Director, Philippine
Center for Transnational Crimes; and
"(j) Three (3) representatives from
NGOs, who shall include one (1)
representative each from among the
sectors representing women, overseas
Filipinos, and children, with a proven
record of involvement in the
prevention and suppression of
trafficking in persons. These
representatives shall be nominated by
the government agency representatives
of the Council, for appointment by the
President for a term of three (3) years.
"The members of the Council may designate
their permanent representatives who shall have
a rank not lower than an assistant secretary or
its equivalent to meetings, and shall receive
emoluments as may be determined by the
Council in accordance with existing budget and
accounting rules and regulations."
Section 22. Section 22 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 22. Secretariat to the Council. – The
Department of Justice shall establish the
necessary Secretariat for the Council.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
"The secretariat shall provide support for the
functions and projects of the Council. The
secretariat shall be headed by an executive
director, who shall be appointed by the
Secretary of the DOJ upon the
recommendation of the Council. The executive
director must have adequate knowledge on,
training and experience in the phenomenon of
and issues involved in trafficking in persons
and in the field of law, law enforcement, social
work, criminology, or psychology.
"The executive director shall be under the
supervision of the Inter-Agency Council
Against Trafficking through its Chairperson
and Co-Chairperson, and shall perform the
following functions:
"(a) Act as secretary of the Council and
administrative officer of its secretariat;
"(b) Advise and assist the Chairperson
in formulating and implementing the
objectives, policies, plans and
programs of the Council, including
those involving mobilization of
government offices represented in the
Council as well as other relevant
government offices, task forces, and
mechanisms;
"(c) Serve as principal assistant to the
Chairperson in the overall supervision
of council administrative business;
"(d) Oversee all council operational
activities;
"(e) Ensure an effective and efficient
performance of council functions and
prompt implementation of council
objectives, policies, plans and
programs;
"(f) Propose effective allocations of
resources for implementing council
objectives, policies, plans and
programs;
"(g) Submit periodic reports to the
Council on the progress of council
objectives, policies, plans and
programs;
"(h) Prepare annual reports of all
council activities; and
"(i) Perform other duties as the Council
may assign."
Section 23. A new Section 26-A is hereby inserted into
Republic Act No. 9208, to read as follows:
"SEC. 26-A. Extra-Territorial Jurisdiction. – The
State shall exercise jurisdiction over any act
defined and penalized under this Act, even if
committed outside the Philippines and whether
or not such act or acts constitute an offense at
the place of commission, the crime being a
continuing offense, having been commenced
in the Philippines and other elements having
been committed in another country, if the
suspect or accused:
"(a) Is a Filipino citizen; or
"(b) Is a permanent resident of the
Philippines; or
"(c) Has committed the act against a
citizen of the Philippines.
"No prosecution may be commenced against a
person under this section if a foreign
government, in accordance with jurisdiction
recognized by the Philippines, has prosecuted
or is prosecuting such person for the conduct
constituting such offense, except upon the
approval of the Secretary of Justice.
"The government may surrender or extradite
persons accused of trafficking in the
Philippines to the appropriate international
court if any, or to another State pursuant to the
applicable extradition laws and treaties."
Section 24. Section 28 of Republic Act No. 9208 is
hereby amended, to read as follows:
"SEC. 28. Funding. – The amount necessary to
implement the provisions of this Act shall be
charged against the current year’s
appropriations of the Inter-Agency Council
Against Trafficking under the budget of the
DOJ and the appropriations of the other
concerned departments. Thereafter, such sums
as may be necessary for the continued
implementation of this Act shall be included in
the annual General Appropriations
Act."1âwphi1
Section 25. A new Section 28-A is hereby inserted into
Republic Act No. 9208, to read as follows:
"SEC. 28-A. Additional Funds for the Council. –
The amount collected from every penalty, fine
or asset derived from any violation of this Act
shall be earmarked as additional funds for the
use of the Council. The fund may be
augmented by grants, donations and
endowment from various sources, domestic or
foreign, for purposes related to their functions,
subject to the existing accepted rules and
regulations of the Commission on Audit."
Section 26. Section 32 of Republic Act No. 9208 of
the Repealing Clause is hereby amended to read as
follows:
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
"SEC. 32. Repealing Clause. – Article 202 of the
Revised Penal Code, as amended, and all laws,
acts, presidential decrees, executive orders,
administrative orders, rules and regulations
inconsistent with or contrary to the provisions
of this Act are deemed amended, modified or
repealed accordingly: Provided, That this Act
shall not in any way amend or repeal the
provisions of Republic Act No. 7610,
otherwise known as the ‘Special Protection of
Child Against Child Abuse, Exploitation and
Discrimination Act.’"
Section 27. Section 33 of Republic Act No. 9208 is
hereby amended to read as follows:
"SEC. 33. Effectivity. – This Act shall take effect
fifteen (15) days following its complete
publication in at least two (2) newspapers of
general circulation."
Approved,
What is Trafficking in Persons (TIP)?
Trafficking in persons is an illegal act and is considered
a violation of human rights. It has three (3) inter-
related and interdependent elements for a situation to
be considered trafficking in persons:
 ACTS – It involves the recruitment, obtaining,
hiring, providing, offering, transportation,
transfer, maintaining, harboring, or receipt of
persons with or without the victim’s consent or
knowledge, within or across national borders;
 MEANS – It is committed by use of threat, or
use of force, or other forms or coercion,
abduction, fraud, deception, abuse of power or
of position, taking advantage of the
vulnerability of the person, or the giving or
receiving of payments or benefits to achieve
the consent of a person having control over
another person; and
 PURPOSE – It is done for the purpose of
exploitation or the prostitution of others or
other forms of sexual exploitation, forced labor
or services, slavery, involuntary servitude or the
removal or sale of organs.
The recruitment, transportation, transfer, harboring,
adoption or receipt of a child for the purpose of
exploitation or when the adoption is induced by any
form of consideration for exploitative purposes shall
also be considered as “trafficking in persons” even if it
does not involve any of the means mentioned above.
What are the Acts Punishable under the Anti-TIP
Law?
The following acts are punishable under RA 9208 as
amended by RA 10364:
1. Acts of TIP – includes all acts committed by
any natural or juridical person where all the
three elements of TIP (acts, means, purpose)
are present. Some examples are:
 recruitment, hiring, offering,
transferring, harboring or receiving any
person for the purpose of prostitution,
pornography, sexual exploitation,
under the pretext of domestic or
overseas employment or
apprenticeship;
 undertaking or organizing tours and
travel plans consisting of tourism
packages or activities for the purpose
of utilizing and offering persons for
prostitution, pornography or sexual
exploitation;
 maintaining or hiring a person to
engage in prostitution or pornography;
 adopting persons by any form of
consideration for exploitative
purposes; and • recruitment, hiring,
adopting, transporting, obtaining,
harboring, offering, receiving or
abducting a person, by means of threat
or use of force, fraud, deceit, violence,
coercion, or intimidation for the
purpose of removal or sale of organs of
said person.
Any person found guilty of acts of TIP shall be
penalized with imprisonment of 20 years and a fine
of not less than 1 million but not more than 2
million pesos.
2. Acts that promote TIP – includes all acts that
encourages or facilitates TIP such as:
 knowingly using or allowing the use of
any house or establishment for
promoting TIP
 facilitating the use of tampered or fake
documents to evade government
regulatory and pre-departure
requirements;
 production, publication, broadcast and
distribution, including use of ICT for
propaganda materials that promote
TIP;
 assisting in the conduct of
misrepresentation or fraud in securing
 clearances and necessary exit
documents from government, and
facilitating exit/entry of persons
possessing tampered or fraudulent
travel documents for promoting TIP;
 preventing a trafficked person from
seeking redress from appropriate
agencies by confiscating or destroying
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
his/her passport, travel or personal
documents;
 tampering with or destroying of
evidence, or influencing or attempting
to influence witnesses in an
investigation or prosecution of a TIP
case;
 destroying, concealing, removing,
confiscating or possessing travel
and/or working documents of any
person in order to maintain the labor
or services of that person; and
 using one’s office to impede the
investigation, prosecution or execution
of lawful orders in a case.
Any person found guilty of acts that promote TIP
shall be penalized with imprisonment of 15 years
and a fine of not less than 500 thousand but not
more than 1 million pesos.
3. Use of Trafficked Persons – any person who
buys or engages the services of trafficked
persons for prostitution shall be penalized with
imprisonment ranging from six (6) years to
forty (40) years and fine ranging from 50
thousand to 5 million pesos.
In addition to imprisonment and fine, an offender who
is a foreigner shall be immediately deported and
permanently barred from entering the country after
serving jail terms, while an offender who is a public
official shall be dismissed from service and suffer
perpetual absolute disqualification to hold public
office.
 Qualified TIP – the act will be considered as
qualified TIP when:
 the trafficked person is a child;
 there is adoption under RA 8043
(Inter-Country Adoption Act) and said
adoption is for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
 the crime is committed by a syndicate
or is large scale;
 the offender is a spouse, ascendant,
parent, sibling, guardian or a person
who exercises authority over the
trafficked person;
 the offense is committed by a public
official or employee;
 the trafficked person is recruited to
engage in prostitution with any
member of the military or law
enforcement agencies;
 the offender is a member of the
military or law enforcement agencies;
 he trafficked person died, became
insane, suffered mutilation or got
infected with HIV/AIDS;
 the offender commits one or more acts
of TIP over a period of 60 or more
days; and
 the offender directs or through another
manages the trafficking victim the
offender directs or through another
manages the trafficking victim
Qualified trafficking shall be penalized by life
imprisonment and a fine of not less than 2 million
but not more than 5 million pesos.
5. Attempted TIP – where there are acts to
initiate the commission of a trafficking offense
but the offender failed to or did not execute all
the elements of the crime, by accident or by
reason of some cause other than voluntary
desistance, such overt acts shall be deemed as
an attempt to commit an act of TIP. In cases
where the victim is a child, any of the following
acts shall also be deemed as attempted TIP:
 facilitating the travel of a child who
travels alone to a foreign country or
territory without valid reason and
without the required clearance or
permit from the DSWD, or a written
permit or justification from the child’s
parent or legal guardian;
 executing, for a consideration, an
affidavit of consent or a written
consent for adoption;
 recruiting a woman to bear a child for
the purpose of selling the child; •
simulating a birth for the purpose of
selling the child; and
 soliciting a child and acquiring the
custody thereof through any means, for
the purpose of selling the child.
Any person found guilty of committing attempted
TIP shall be penalized with imprisonment of 15
years and a fine of
not less than 500 thousand but not more than 1
million pesos.
What protection is given to trafficked persons?
1. Legal Protection
2. Free Legal Assistance
3. Right to Privacy and Confidentiality
4. Witness Protection Program
5. Victim Compensation Program
Who may file a complaint?
1. The trafficked person or the offended party
2. Spouse
3. Parents or legal guardians
4. Siblings
5. Children
6. Any person who has personal knowledge of
the offense
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TITLE VIII Presumption is always in

favor of the validity of
CHAPTER ONE DESTRUCTION OF marriage
LIFE
Annulment of marriage
Section One. - Parricide, murder, is not a prejudicial
homicide question in a criminal
case for parricide

Article 246 Other circumstances

Circumstances Effect/applicable
Parricide. - Any person who shall kill his father,
provisions
mother, or child, whether legitimate or illegitimate,
He who kills an HOMICIDE (Art 249) or
or any of his ascendants, or descendants, or his illegitimate grandfather MURDER (Art 248)
spouse, shall be guilty of parricide and shall be or an illegitimate
punished by the penalty of reclusion perpetua to death. grandson and other
illegitimate ascendants
or descendants
Elements Child killed by his INFANTICIDE (Art 255)
1) That a person is killed. parent is less than three
2) That the deceased is killed by the accused. (3) days old
3) That the deceased is the father, mother, or No clear evidence of HOMICIDE (Art 249) and
marriage between the PARRICIDE (Art 246) for
child, whether legitimate or illegitimate, or accused and the the daughter
a legitimate other ascendant or other woman. Both the
descendant, or the legitimate spouse, of the woman and the
accused. daughter were killed
 Relationship of the offender with the A person wanted to kill PARRICIDE BY
victim is the essential element of this a stranger but by MISTAKE – ARTICLE 49.
mistake killed his own Penalty to Be Imposed
crime father Upon the Principals When
 Relationship must be alleged. It must the Crime Committed is
be considered aggravating even if not Different from that
alleged in the information Intended. — In cases in
 the law does not require knowledge of which the felony committed is
different from that which the
relationship between the accused and offender intended to commit,
victim the following rules shall be
observed:
Legitimate or illegitimate
father, mother, or child Legitimate or 1. If the penalty prescribed for
illegitimate the felony committed be
higher than that
corresponding to the
(a) adulterine, (b) offense which the accused
incestuous, and (c) intended to commit, the
sacrilegious children are penalty corresponding to the
included under the term latter shall be imposed in its
"illegitimate." maximum period.
other ascendant or other Must be legitimate
descendant, or spouse 2. If the penalty prescribed for
the felony committed be
lower than that
Blood relative or not
corresponding to the one
Father, mother, child, Relative by blood which the accused intended
other ascendant or other to commit, the penalty for the
descendant former shall be imposed in its
Spouse By marriage maximum period.

* In a case of parricide of 3. The rule established by the

spouse, the best proof of next preceding paragraph shall
the relationship between not be applicable if the acts
committed by the guilty
the accused and the
person shall also constitute
deceased is the marriage an attempt or frustration of
certificate; Oral evidence another crime, if the law
may be presented prescribes a higher penalty for
either of the latter offenses, in
Semper praesumitur which case the penalty
matrimonio = provided for the attempt or

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

the frustrated crime shall be  it is enough that the circumstances

imposed in its maximum show reasonably that the carnal act is
period. being committed or has just been
A stranger who HOMICIDE (Art 249) or
cooperates and takes MURDER (Art 248) committed
part in the commission  The killing must be the direct by-
of the crime of product of the accused's rage
parricide 3) That he has not promoted or facilitated the
prostitution of his wife or daughter, or that
Article 247 he or she has not consented to the infidelity
Death or physical injuries inflicted under exceptional of the other spouse.
circumstances. - Any legally married person who having  Not applicable to person who
surprised his spouse in the act of committing sexual consented to the infidelity of spouse, or
intercourse with another person, shall kill any of who facilitated the prostitution of his
them or both of them in the act or immediately wife or daughter
thereafter, or shall inflict upon them any serious
physical injury, shall suffer the penalty of destierro. Death, serious Destierro
physical injuries
If he shall inflict upon them physical injuries of any Less serious physical No criminal liability, an
other kind, he shall be exempt from punishment. injuries, slight absolutory cause
physical injuries
These rules shall be applicable, under the same
circumstances, to parents with respect to their Other circumstances
daughters under eighteen (18) years of age, and their Circumstances Effect/applicable
seducer, while the daughters are living with their provisions
parents. Where physical NO CRIMINAL
injuries were suffered LIABILTIY
Any person who shall promote or facilitate the by third persons as a
prostitution of his wife or daughter, or shall result of being caught *Supreme Court held that
otherwise have consented to the infidelity of the in the crossfire as the although as a rule, one
other spouse shall not be entitled to the benefits of accused shot the committing an offense is liable
this article. victim for all the consequences of his
act, the rule presupposes that
the act done amounts to a
Requisites felony.
1) That a legally married person or a parent
surprises his spouse or his daughter, the latter In what cases is a person who committed
under 18 years of age and living with him, parricide not to be punished with reclusion
in the act of committing sexual intercourse perpetua to death?
with another person. 1) When parricide is committed through
 The accused must be a legally married negligence. (Art. 365)
person 2) When it is committed by mistake. (Art. 249)
 The wife is entitled to the benefits of 3) When it is committed under exceptional
Art. 247 circumstances. (Art. 247)
 It is necessary that it is the single
daughter caught in the act Article 248
 The parents may be legitimate of Murder. - Any person who, not falling within the
illegitimate provisions of Article 246 shall kill another, shall be
guilty of murder and shall be punished by reclusion
2) That he or she kills any or both, of them or
perpetua to death, if committed with any of the
inflicts upon any or both of them any serious following attendant circumstances:
physical injury in the act or immediately 1) With treachery, taking advantage of superior
thereafter. strength, with the aid of armed men, or
 Art. 247 does not define and penalize a employing means to weaken the defense or
felony of means or persons to insure or afford
 The requisites of Art. 247 must be impunity.
established by the evidence of the 2) In consideration of a price, reward, or
defense, because the prosecution will promise.
have to charge the defendant with 3) By means of inundation, fire, poison,
parricide and/or homicide, in case explosion, shipwreck, stranding of a vessel,
derailment or assault upon a street car or
death results; or serious physical
locomotive, fall of an airship, by means of
injuries in the other case
motor vehicles, or with the use of any other
 The accused cannot enter into a means involving great waste and ruin.
conditional plea of guilty

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

4) On occasion of any of the calamities 2) an act of the offender

enumerated in the preceding paragraph, or manifestly indicating
of an earthquake, eruption of a volcano, that he clung to his
destructive cyclone, epidemic or other public determination to kill
calamity. his victim; and
5) With evident premeditation. 3) a sufficient lapse of
6) With cruelty, by deliberately and inhumanly time (at least three
augmenting the suffering of the victim, or hours) between the
outraging or scoffing at his person or corpse. determination and the
execution of the killing.
Aggravating circumstances With cruelty, by Art 248
Paragraph in Article 14 deliberately and
With treachery, taking 8,15,16 inhumanly augmenting *cruelty - other injuries
advantage of superior the suffering of the or wounds are inflicted
strength, with the aid victim, or outraging or deliberately by the
of armed men, or *when there is scoffing at his person offender, which are not
employing means to treachery, intent to kill or corpse necessary for the
weaken the defense, or is not necessary killing of the victim
of means or persons to *outraging - to commit
insure or afford an extremely vicious or
impunity deeply insulting act
In consideration of a 11 *scoffing - to jeer, and
price, reward or implies a showing of
promise *principal by direct irreverence
participation - person
who received the price Elements
or reward or who
1) That a person was killed.
accepted a promise of
price or reward would 2) That the accused killed him.
not have killed the victim  There must be intent to kill, the
were it not for that price, evidence of which may consist of
reward or promise o Use of weapons
*principal by o Nature, location, number of
inducement - one who wounds sustained
gave the price or reward o Words uttered
or who made the  There is a conclusive presumption of
promise intent to kill if the victim dies because
By means of inundation, 12,20 of the deliberate acts of the
fire, poison, explosion, malefactor
shipwreck, stranding *to be murder, there
3) That the killing was attended by any of the
of a vessel, derailment must be actual design
or assault upon a to kill on the part of the qualifying circumstances mentioned in Art.
railroad, fall of an offender 248.
airship, by means of 4) The killing is not parricide or infanticide.
motor vehicles, or with *in poisoning, treachery  Although Art. 248 makes reference
the use of any other and premeditation is only to Art. 246, which defines and
means involving great inherent penalizes parricide, it is understood
waste and ruin that the person killed should not be
On occasion of any of 7 less than three days old
the calamities
enumerated in the Rules for the application of the circumstances
preceding paragraph, which qualify the killing to murder.
or of an earthquake, 1) That murder will exist with only one of the
eruption of a volcano,
circumstances described in Art. 248.
destructive cyclone,
epidemic, or any other  When more than one of said
public calamity circumstances are present, the others
With evident 13 must be considered as generic
premeditation aggravating.
*The prosecution must 2) That when the other circumstances are
prove absorbed or included in one qualifying
1) the time when the circumstance, they cannot be considered as
offender determined generic aggravating.
(conceived) to kill his  Thus, when there were ten or more
victim; armed captors of the female victim,

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
and one or some of them shot her at
the back, the qualifying circumstance
of murder is either treachery, abuse
of superior strength, or with the aid
of armed men but if treachery is
chosen to qualify the crime, the others
are not generic aggravating
circumstances, because they are
included in the qualifying circumstance
of treachery.
3) That any of the qualifying circumstances
enumerated in Art. 248 must be alleged in the
information.
 Thus, even if during the trial the
prosecution proves that the accused
killed the deceased with treachery, but
treachery is not alleged in the
information, treachery cannot
qualify the killing to murder, the
crime charged being only homicide. It
is only a generic aggravating
circumstance.
Republic Act No. 7659 restored the death penalty
and increased the penalty for murder to reclusion
perpetua to death. In view of R. A. No. 9346 which
prohibited the imposition of the death penalty, the
penalty for murder is now reclusion perpetua.
Article 249
Homicide. - Any person who, not falling within the
provisions of Article 246, shall kill another without
the attendance of any of the circumstances
enumerated in the next preceding article, shall be
deemed guilty of homicide and be punished by
reclusion temporal.
Elements
1) That a person was killed;
 Corpus delicti means that a crime was
actually perpetrated, and does not
refer to the body of the murdered
person. There must be satisfactory
evidence of:
o the fact of death and
o the identity of the victim.
2) That the accused killed him without any
justifying circumstance;
3) That the accused had the intention to kill,
which is presumed;
 When death resulted, even if there is no
intent to kill, the crime is homicide, not
merely physical injuries, because with
respect to crimes of personal
violence, the penal law looks
particularly to the material results
following the unlawful act and
holds the aggressor responsible for
all the consequences thereof
In attempted or frustrated homicide,
the offender must have the intent to kill
the victim.
 The intent to kill being an essential
element of frustrated or attempted
homicide, said element must be proved
by clear and convincing evidence
 The fact that the victim would have
lived had he received appropriate
medical attention is immaterial.
4) That the killing was not attended by any of
the qualifying circumstances of murder, or
by that of parricide or infanticide.
 In the absence of clear proof of any
circumstance that would qualify as
murder the killing of the deceased, the
guilty person should be sentenced only
for homicide.
Other circumstances
Circumstances Effect/applicable
provisions
when the victim is The penalty shall be reclusion
under 12 years of age perpetua (Sec. 10, R.A. No.
7610)
The accused It is error to convict the
erroneously used a accused of frustrated homicide
highly poisonous through reckless imprudence.
substance. When taken He is guilty of RECKLESS
by the patient, the IMPRUDENCE
latter nearly died. RESULTING TO
PHYSICAL INJURIES. The
element of intent to kill in
frustrated homicide is
incompatible with negligence
or imprudence.
Where the wounds that each one of them is guilty of
caused death were HOMICIDE (Art 249)
inflicted by two
different persons, even *Since either wound could
if they were not in cause the death of C, both
conspiracy are liable and each one of
them is guilty of homicide
Death of a person ACCIDENTAL
brought about by a HOMICIDE
lawful act performed
with proper care and
skill, and without
homicidal intent
Use of unlicensed In view of the amendments
firearms introduced by Republic Act
8294 to Presidential Decree
No. 1866, separate
prosecutions for homicide and
illegal possession are no longer
in order. Instead, illegal
possession of firearms is
merely to be taken as an
aggravating circumstance in
the homicide case.
Article 250
Penalty for frustrated parricide, murder or homicide. - The
courts, in view of the facts of the case, may impose
upon the person guilty of the frustrated crime of
parricide, murder or homicide, defined and
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

penalized in the preceding articles, a penalty lower 6) That the person or persons who inflicted
by one degree than that which should be imposed serious physical injuries or who used
under the provision of Article 50. violence can be identified.

The courts, considering the facts of the case, may Person who killed can All who contributed
likewise reduce by one degree the penalty which be ascertained lethal wounds will be
under Article 51 should be imposed for an attempt charged with
to commit any of such crimes. HOMICIDE (Art 249)
Person who killed DEATH CAUSED IN
Frustrated – 2 degrees lower (Art 50) cannot be ascertained, A TUMULTUOUS
Attempted – 3 degrees lower (Art 51) but person or persons AFFRAY (Art 251 par
*this is permissive and not mandatory who inflicted serious 1)
Other circumstances physical injuries or
Circumstances Effect/applicable who used violence can  Prision mayor
provisions be identified
Any person who shall DEATH (Presidential Person who killed DEATH CAUSED IN
attempt on, or conspire Decree No. 1110-A which cannot be ascertained, A TUMULTUOUS
against, the life of the took effect on March 29, person or persons who AFFRAY (Art 251 par
Chief Executive of 1977) inflicted serious physical 2)
the Republic of the
injuries cannot be
Philippines, that of any
member of his identified, but those  Prision correccional
family, or against the who used violence can it its medium and
life of any member of be identified maximum periods
his cabinet or that of
any member of the Other circumstances
latter's family Circumstances Effect/applicable
provisions
Article 251 When there are two HOMICIDE (Art 249)
Death caused in a tumultuous affray. - When, while identified groups of
several persons, not composing groups organized men who assaulted
each other which
for the common purpose of assaulting and attacking
resulted to death
each other reciprocally, quarrel and assault each
other in a confused and tumultuous manner, and in
the course of the affray someone is killed, and it Article 252
cannot be ascertained who actually killed the Physical injuries inflicted in a tumultuous affray. - When in
deceased, but the person or persons who inflicted a tumultuous affray as referred to in the preceding
serious physical injuries can be identified, such article, only serious physical injuries are inflicted
person or persons shall be punished by prision mayor. upon the participants thereof and the person
responsible thereof cannot be identified, all those
If it cannot be determined who inflicted the serious who appear to have used violence upon the person
physical injuries on the deceased, the penalty of of the offended party shall suffer the penalty next
prision correccional in its medium and maximum lower in degree than that provided for the physical
periods shall be imposed upon all those who shall injuries so inflicted.
have used violence upon the person of the victim.
When the physical injuries inflicted are of a less
Elements serious nature and the person responsible therefor
1) That there be several persons. cannot be identified, all those who appear to have
2) That they did not compose groups organized used any violence upon the person of the offended
for the common purpose of assaulting and party shall be punished by arresto mayor from five to
fifteen days.
attacking each other reciprocally.
 The accused and their companions
must not be united in their common Elements
purpose to attack 1) That there is a tumultuous affray as referred
3) That these several persons quarreled and to in the preceding article.
assaulted one another in a confused and 2) That a participant or some participants
tumultuous manner. thereof suffer serious physical injuries or
 Tumultuous – more than 3 physical injuries of a less serious nature only.
4) That someone was killed in the course of the Physical injuries Death caused in a
inflicted in a tumultuous affray
affray.
tumultuous affray
 need not be one of the participants in
Art 252 Art 251
the affray The victim must be a The victim may be
5) That it cannot be ascertained who actually participant to the any person
killed the deceased. affray

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

The victim suffered The victim is killed Offender is the father, GIVING ASSISTANCE TO
serious physical mother, child, or spouse SUICIDE (Art 253)
of the one committing
injuries or physical suicide *Art. 253 does not distinguish and
injuries of a less does not make any reference to
serious nature the relation of the offender with
the person committing suicide
Euthanasia MURDER (Art 248) or
3) That the person responsible therefor cannot be
HOMICIDE (Art 249)
identified.
4) That all those who appear to have used Article 254
violence upon the person of the offended party Discharge of firearms. - Any person who shall shoot at
are known. another with any firearm shall suffer the penalty of prision
correccional in its minimum and medium periods, unless the
Person who inflicted PHYSICAL INJURIES facts of the case are such that the act can be held to
physical injuries be (Art 263,265, 266) constitute frustrated or attempted parricide, murder,
ascertained homicide or any other crime for which a higher penalty
Person who inflicted PHYSICAL INJURIES is prescribed by any of the articles of this Code.
serious physical injuries INFLICTED IN A
cannot be ascertained, but TUMULTUOUS Elements
person or persons who AFFRAY (Art 252 par 1) 1) That the offender discharges a firearm
used violence can be against or at another person.
identified  penalty next lower
in degree than  It is essential for the prosecution to
that provided for prove in a positive way that the
the physical discharge of the firearm was directed
injuries so precisely against the offended party
inflicted  The crime is discharge of firearm, even
if the gun was not pointed at the
Person who inflicted less PHYSICAL INJURIES
serious physical injuries INFLICTED IN A offended party when it fired, as long
cannot be ascertained, but TUMULTUOUS as it was initially aimed by the accused
person or persons who AFFRAY (Art 252 par 2) at or against the offended party
used violence can be 2) That the offender has no intention to kill that
identified  arresto mayor from person.
five to fifteen days

*it is believed that in Discharge of firearms distinguished from alarms

providing the penalty of and scandals
arresto mayor from five to Discharge of firearms Alarms and scandals
fifteen days for physical Art 254 Art 155
injuries of a less serious Directed precisely May be at random
nature in a tumultuous towards the victim
affray, the Legislature
intended to exclude slight
Purpose is to intimidate To cause alarm
physical injuries
Other circumstances
Circumstances Effect/applicable
Article 253 provisions
Giving assistance to suicide. - Any person who shall Firing a gun against the ALARMS AND
assist another to commit suicide shall suffer the house of the offended SCANDALS (Art 155)
penalty of prision mayor; if such person lends his party at random, not
assistance to another to the extent of doing the knowing in what part
killing himself, he shall suffer the penalty of reclusion of the house the people
temporal. inside were
The discharge of the FRUSTRATED OR
However, if the suicide is not consummated, the firearm at the offended ATTEMPTED
penalty of arresto mayor in its medium and maximum party is coupled with PARRICIDE, MURDER
periods, shall be imposed. intent to kill him OR MURDER
In the illegal discharge COMPLEX CRIME OF
of firearm the offended DISCHARGE OF
Acts punishable as giving assistance to suicide. party is hit and FIREARM WITH
1) By assisting another to commit suicide, wounded PHYSICAL INJURIES
whether the suicide is consummated or not. * When only slight physical
2) By lending his assistance to another to commit injuries are inflicted, there is
suicide to the extent of doing the killing no complex crime, because
himself. such physical injuries
constitute a light felony
Other circumstances
Circumstances Effect/applicable provisions Article 255

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Infanticide. - The penalty provided for parricide in 3) The penalty of prision correccional in its
Article 246 and for murder in Article 248 shall be medium and maximum periods, if the
imposed upon any person who shall kill any child woman shall have consented.
less than three days of age.
Ways of committing intentional abortion
If the crime penalized in this article be committed by 1) By using any violence upon the person of the
the mother of the child for the purpose of pregnant woman.
concealing her dishonor, she shall suffer the penalty 2) By acting, but without using violence,
of prision correccional in its medium and maximum without the consent of the woman. (By
periods, and if said crime be committed for the same
administering drugs or beverages upon such
purpose by the maternal grandparents or either of
them, the penalty shall be prision mayor. pregnant woman without her consent.)
3) By acting (by administering drugs or
Elements beverages), with the consent of the pregnant
1) That a child was killed. woman.
 Infanticide - killing of any child less  Pregnant woman – liable under Art 258
than three (3) days of age, whether the  Person who caused the abortion –
killer is the parent or grandparent, liable under Art 256
any other relative of the child, or a Elements
stranger 1) That there is a pregnant woman;
 The child must be born alive and fully 2) That violence is exerted, or drugs or beverages
developed, that is, it can sustain an administered, or that the accused otherwise
independent life. acts upon such pregnant woman;
2) That the deceased child was less than three 3) That as a result of the use of violence or drugs
days (72 hours) of age. or beverages upon her, or any other act of the
3) That the accused killed the said child. accused, the foetus dies, either in the womb
 The accused may be the parent or or after having been expelled therefrom;
grandparent, any other relative of  Foetus must die in consummated
the child, or a stranger abortion
4) That the abortion is intended.
Other circumstances  Abortion - willful killing of the foetus
Circumstances Effect/applicable in the uterus, or the violent expulsion
provisions
of the foetus from the maternal womb
Infanticide to conceal  Mitigating
dishonor done by the circumstance which results in the death of the foetus.
mother of the child  prision correccional in its
medium and Other circumstances
maximum periods Circumstances Effect/applicable
provisions
*the relationship of the mother If abortion is intended FRUSTRATED
and father is material and the foetus does INTENTIONAL
Infanticide to conceal  Mitigating not die ABORTION
dishonor done by the circumstance If abortion is not PHYSICAL INJURIES (Art
maternal grandparents  prision mayor intended and the 263, 265, 266)
foetus does not die, in
*the relationship of the spite of the violence
maternal grandmother to the intentionally exerted
child is material
stranger cooperating  the crime is Intentional abortion distinguished from
with the mother in INFANTICIDE infanticide
killing a child less than (Art 255) but the
three days old penalty is Intentional abortion Infanticide
MURDER (Art 248) Art 256 Art 255
The fetus could not the foetus (1) could
subsist by itself outside sustain an independent
Article 256 the maternal womb and life, after its separation
Intentional abortion. - Any person who shall is violently expelled or from the maternal
intentionally cause an abortion shall suffer: intentionally killed womb, and it (2) is killed
1) The penalty of reclusion temporal, if he shall use
any violence upon the person of the Article 257
pregnant woman. Unintentional abortion. - The penalty of prision
2) The penalty of prision mayor if, without using correccional in its minimum and medium period shall
violence, he shall act without the consent of be imposed upon any person who shall cause an
the woman abortion by violence, but unintentionally.

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Elements Any woman who shall commit this offense to

1) That there is a pregnant woman. conceal her dishonor, shall suffer the penalty of
2) That violence is used upon such pregnant prision correccional in its minimum and medium
woman without intending an abortion. periods.
3) That the violence is intentionally exerted.
4) That as a result of the violence the foetus If this crime be committed by the parents of the
dies, either in the womb or after having pregnant woman or either of them, and they act with
the consent of said woman for the purpose of
been expelled therefrom.
concealing her dishonor, the offenders shall suffer
the penalty of prision correccional in its medium and
Unintentional abortion distinguished from maximum periods.
intentional abortion
Unintentional Intentional abortion Elements
abortion 1) That there is a pregnant woman who has
Art 257 Art 256 suffered an abortion.
There is violence (Art There is violence 2) That the abortion is intended.
257 par 1)
3) That the abortion is caused by —
No violence is
employed (Art 257 par  the pregnant woman herself;
2 and 3)  any other person, with her consent; or
The abortion is The abortion is  any of her parents, with her consent
unintentional intentional for the purpose of concealing her
dishonor.
Other circumstances
Circumstances Effect/applicable Act Person/s liable
provisions Abortion committed by Pregnant woman – Art
Where a man points a THREATS (Art 282, 283, the woman herself 258 par 1
gun at a pregnant 285) Abortion committed by Pregnant woman – Art
woman, at the same the woman herself to 258 par 2
time telling her that he conceal her dishonor
will kill her, and
because of the fright
MITIGATING
she absorbs, she CIRCUMSTANCE
suffers an abortion Any other person, with Pregnant woman – Art
People v. Jose RECKLESS her consent of the 258 par 1
IMPRUDENCE pregnant woman Person who caused the
RESULTING TO abortion – Art 256 par 3
UNINTENTIONAL Any of her parents, with Parents – Art 258 par 3
ABORTION her consent for the
The woman died COMPLEX CRIME OF purpose of concealing NOT A
together with the fetus HOMICIDE WITH her dishonor. MITIGATING
by repeatedly striking UNINTENTIONAL CIRCUMSTANCE
her with his fist ABORTION
A husband, who, with COMPLEX CRIME OF
Any of her parents Parents – Art 256 par 1
violence kills his PARRICIDE WITH or 2
pregnant wife, thus ABORTION
occasioning the death Abortion practiced by the woman herself of by her
of the foetus parents distinguished from infanticide
The husband gave to NO LIABILITY. Abortion Abortion practiced by Infanticide
his pregnant wife a was not intended and it could the woman herself of
bitter substance not be unintentional abortion
by her parents
because she was for there was no violence used.
suffering from Art 258 par 3 Art 255
stomach trouble. The There is no mitigation There is mitigation for
purpose of the for the parents of the the parents of the
husband was to cure pregnant woman pregnant woman
the stomach trouble of
the wife. Then she Article 259
suffered an abortion as
a result.
Abortion practiced by a physician or midwife and dispensing
of abortives. - The penalties provided in Article 256
shall be imposed in its maximum period,
Article 258 respectively, upon any physician or midwife who,
Abortion practiced by the woman herself of by her parents. - taking advantage of their scientific knowledge or
The penalty of prision correccional in its medium and skill, shall cause an abortion or assist in causing the
maximum periods shall be imposed upon a woman same.
who shall practice abortion upon herself or shall Any pharmacist who, without the proper
consent that any other person should do so. prescription from a physician, shall dispense any
abortive shall suffer arresto mayor and a fine not

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

exceeding One hundred thousand pesos (P100,000).
(R.A. No. 10951.)
Elements (par 1)
1) That there is a pregnant woman who has
suffered an abortion.
2) That the abortion is intended.
3) That the offender, who must be a physician
or midwife, causes, or assists in causing, the
abortion.
 The penalties provided for intentional
abortion (Art. 256) shall be imposed in
the maximum period upon the
physician or midwife.
4) That said physician or midwife takes
advantage of his or her scientific
knowledge or skill.
2) By inflicting upon such adversary physical
injuries.
3) By making a combat although no physical
injuries have been inflicted.
Who are liable in a duel?
1) The person who killed or inflicted physical
injuries upon his adversary, or both
combatants in any other case, as principals.
 When there is an agreement to fight to
the death, there is intent to kill on the
part of the combatants. However, the
Code disregards the intent to kill in
considering the penalty for duel when
only physical injuries are inflicted upon
the adversary.
2) The seconds, as accomplices.

Elements (par 2) The adversary is killed  Reclusion temporal

1) That the offender is a pharmacist.  Same with the
2) That there is no proper prescription from a penalty for
physician. homicide
 The act constituting the offense is Inflicting upon such  Penalty for
dispensing abortive without proper adversary physical physical injuries
prescription from a physician. It is not injuries  The intent to kill
necessary that the abortive be actually is disregarded
used. Making a combat  Arresto mayor
3) That the offender dispenses any abortive. although no physical
injuries have been
 It is not necessary that the pharmacist
inflicted
knows that the abortive would be used
to cause an abortion Other circumstances
 If he knew that the abortive would be Circumstances Effect/applicable
used to cause an abortion and abortion provisions
resulted from the use thereof, the When there are only Art 260 should apply and the
pharmacist would be an accomplice slight physical injuries penalty of arresto menor (Art
in the crime of abortion 266)

Article 260 Article 261

Responsibility of participants in a duel. - The penalty of
reclusion temporal shall be imposed upon any person
who shall kill his adversary in a duel.
If he shall inflict upon the latter physical injuries
only, he shall suffer the penalty provided therefor,
according to their nature.
In any other case, the combatants shall suffer the
penalty of arresto mayor, although no physical injuries
have been inflicted.
The seconds shall in all events be punished as
accomplices.
Duel
It is a formal or regular combat previously
concerted between two parties in the presence of two
or more seconds of lawful age on each side, who
make the selection of arms and fix all the other
conditions of the fight.
Acts punished
1) By killing one's adversary in a duel.
Challenging to a duel. - The penalty of prision correccional
in its minimum period shall be imposed upon any
person who shall challenge another, or incite another
to give or accept a challenge to a duel, or shall scoff
at or decry another publicly for having refused to
accept a challenge to fight a duel.
Acts punished
1) By challenging another to a duel.
 The person making the challenge must
have in mind a formal combat to be
concerted between him and the one
challenged in the presence of two or
more seconds.
2) By inciting another to give or accept a
challenge to a duel.
3) By scoffing at or decrying another publicly
for having refused to accept a challenge to fight
a duel.
Persons responsible
1) challenger, and
2) instigators.

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
CHAPTER TWO PHYSICAL INJURIES
Article 262
Mutilation. - The penalty of reclusion temporal to
reclusion perpetua shall be imposed upon any person
who shall intentionally mutilate another by depriving
him, either totally or partially, or some essential
organ of reproduction.
Any other intentional mutilation shall be punished
by prision mayor in its medium and maximum
periods.
Mutilation
The term "mutilation" means the lopping or
the clipping off of some part of the body.
The putting out of an eye does not fall under
this definition. Thus, when a robber stabbed a woman
in one eye, and as a result of the wound thus inflicted
she lost the use of the eye, there is no mutilation.
Two kinds of mutilation
1) By intentionally mutilating another by
depriving him, either totally or partially, of
some essential organ for reproduction.
2) By intentionally making other mutilation, that
is, by lopping or clipping off any part of the
body of the offended party, other than the
essential organ for reproduction, to deprive
him of that part of his body.
Elements (par 1)
1) That there be a castration, that is, mutilation
of organs necessary for generation, such as the
penis or ovarium.
 Vasectomy is not mutilation
 It is indispensable that the 'castration'
be made purposely
2) That the mutilation is caused purposely and
deliberately, that is, to deprive the offended
party of some essential organ for
reproduction.
Mayhem (par 2)
If the mutilation involves a part of the body,
other than an organ for reproduction, such as the
cutting of the outer ear or arm of the offended party,
with a deliberate purpose of depriving him of that part
of his body, it is other intentional mutilation, under the
second paragraph of Art 262.
Other circumstances
Circumstances Effect/applicable
provisions
If by reason of an SERIOUS PHYSICAL
injury or attack, a INJURIES (Art 263 par 1 or
person is deprived of 2)
the organs of
generation, the act,
although voluntary,
not being intentional
If a mutilation is not SERIOUS PHYSICAL
caused purposely and INJURIES (Art 263 par 1 or
deliberately so as to 2)
deprive the offended
party of a particular
part of his body
The victim of other The penalty shall be reclusion
intentional mutilation perpetua when the victim is
is under 12 years of under 12 years of age (Sec 10,
age R.A. No. 7610)
Article 263
Serious physical injuries. - Any person who shall wound,
beat, or assault another, shall be guilty of the crime
of serious physical injuries and shall suffer:
1) The penalty of prision mayor, if in
consequence of the physical injuries
inflicted, the injured person shall become
insane, imbecile, impotent, or blind;
2) The penalty of prision correccional in its
medium and maximum periods, if in
consequence of the physical injuries
inflicted, the person injured shall have lost
the use of speech or the power to hear or to
smell, or shall have lost an eye, a hand, a
foot, an arm, or a leg or shall have lost the
use of any such member, or shall have
become incapacitated for the work in which
he was therefor habitually engaged;
3) The penalty of prision correccional in its
minimum and medium periods, if in
consequence of the physical injuries
inflicted, the person injured shall have
become deformed, or shall have lost any
other part of his body, or shall have lost the
use thereof, or shall have been ill or
incapacitated for the performance of the
work in which he as habitually engaged for a
period of more than ninety (90) days;
4) The penalty of arresto mayor in its maximum
period to prision correccional in its minimum
period, if the physical injuries inflicted shall
have caused the illness or incapacity for
labor of the injured person for more than
thirty (30) days.
If the offense shall have been committed against any
of the persons enumerated in Article 246, or with
attendance of any of the circumstances mentioned
in Article 248, the case covered by subdivision
number 1 of this Article shall be punished by reclusion
temporal in its medium and maximum periods; the
case covered by subdivision number 2 by prision
correccional in its maximum period to prision mayor in
its minimum period; the case covered by subdivision
number 3 by prision correccional in its medium and
maximum periods; and the case covered by
subdivision number 4 by prision correccional in its
minimum and medium periods.
The provisions of the preceding paragraph shall not
be applicable to a parent who shall inflict physical
injuries upon his child by excessive chastisement.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

How is the crime of serious physical injuries Physical injuries Attempted or

committed? frustrated homicide
1) by wounding; (Art. 263) Injury is inflicted
2) by beating; or (Art. 263) No intent to kill With intent to kill
3) by assaulting (Art. 263); or
4) by administering injurious substance. (Art. Other circumstances
264) Circumstances Effect/applicable
provisions
Paragraph Injuries Number of days ill When the victim of The penalty for Article 263,
or incapacitated serious physical paragraph 1 shall be reclusion
1 The injured person injuries under perpetua when the victim is
becomes insane, paragraph 1 is under under 12 years of age. (Sec.
imbecile, impotent 12 years of age 10, R.A. No. 7610)
(inability to When the category SLIGHT PHYSICAL
copulate and of the offense of INJURIES (Art 266)
sterility) or blind serious physical
2 1) loses the use of Incapacitated for injuries depends on
speech or the the work in the period of illness
power to hear which he was or incapacity for
or to smell, or theretofore labor, and no
loses an eye, a habitually evidence of the
hand, a foot, an engaged length of that period
arm, or a leg, or (PERPETUAL) The injured party  There is no
2) loses the use of could still engage in incapacity in this
any such his work although case
member less effectively than
before.
PRINCIPAL If the offense is  QUALIFIED
MEMBERS AND committed against SERIOUS
SENSES AND any of the persons PHYSICAL
USE enumerated in the INJURIES
3 When the person Ill or article denning the  The law provides
injured: incapacitated for crime of parricide higher penalties
1) becomes the performance (Art. 246) or with
deformed, or of the work in the attendance of
2) loses any other which he was any of the
member of his habitually circumstances
body, or engaged for mentioned in the
3) loses the use more than 90 article denning the
thereof days crime of murder
(Art. 248)
DEFORMATION, Serious physical  The penalties
LOSS OF OTHER injuries by excessive referred to in the
MEMBERS AND chastisement by paragraph next to
USE parents the last of Art. 263
are not to be
Deformity - imposed on a parent
physical ugliness, who inflicted
permanent and physical injuries
definite abnormality. upon his child by
It must be excessive
conspicuous and chastisement.
visible
4 Ill or Physical injuries distinguished from mutilation
incapacitated for
Physical injuries Mutilation
labor (for any
Art 263, 265, 266 Art 262
kind of labor)
for more than 30 Lopping or clipping is Must have been caused
days (but must not present in the other purposely and
not be more kinds of physical injuries deliberately to lop or
than 90 days) clip off some part of the
body so as to derive the
offended party of such
Physical injuries distinguished from attempted or part of the body
frustrated homicide

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Article 264
Administering injurious substances or beverages. - The
penalties established by the next preceding article
shall be applicable in the respective case to any
person who, without intent to kill, shall inflict upon
another any serious, physical injury, by knowingly
administering to him any injurious substance or
beverages or by taking advantage of his weakness of
mind or credulity.
Elements
1) That the offender inflicted upon another any
serious physical injury.
2) That it was done by knowingly
administering to him any injurious
substances or beverages or by taking
advantage of his weakness of mind or
credulity.
 The infliction of injuries by throwing
mordant chemicals or poisons on the
face or upon the body is not
contemplated in this article, because
that is not "administering" injurious
substance or beverage.
 By taking advantage of his weakness of
mind or credulity" may take place in the
case of witchcraft, philters, magnetism,
etc.
3) That he had no intent to kill.
Article 265
Less serious physical injuries. - Any person who shall
inflict upon another physical injuries not described
in the preceding articles, but which shall incapacitate
the offended party for labor for ten (10) days or
more, or shall require medical assistance for the
same period, shall be guilty of less serious physical
injuries and shall suffer the penalty of arresto mayor.
Whenever less serious physical injuries shall have
been inflicted with the manifest intent to insult or
offend the injured person, or under circumstances
adding ignominy to the offense in addition to the
penalty of arresto mayor, a fine not exceeding Fifty
thousand pesos P50,000 shall be imposed.
Any less serious physical injuries inflicted upon the
offender's parents, ascendants, guardians, curators,
teachers, or persons of rank, or persons in authority,
shall be punished by prision correccional in its minimum
and medium periods, provided that, in the case of
persons in authority, the deed does not constitute
the crime of assault upon such person.
Matters to be noted
1) That the offended party is incapacitated for
labor for ten days or more (but not more
than 30 days), or needs medical attendance
for the same period of time - 10 days but not
more than 30 days.
2) That the physical injuries must not be those
described in the preceding articles.
Qualified less serious physical injuries
1) A fine not exceeding Fifty thousand pesos
(P50,000) in addition to arresto mayor, shall be
imposed for less serious physical injuries when
—
 there is a manifest intent to insult or
offend the injured person,
 there are circumstances adding
ignominy to the offense.
2) A higher penalty is imposed when the victim is
either —
 The offender's parents, ascendants,
guardians, curators or teachers; or
 Persons of rank or persons in
authority, provided the crime is not
direct assault.
Less serious physical injuries distinguished from
serious physical injuries
Less serious physical Serious physical
injuries injuries
Art 265 Art 263
Medical attendance or Medical attendance or
incapacity is required incapacity is not required
Other circumstances
Circumstances Effect/applicable
provisions
When there is no SLIGHT PHYSICAL
medical attendance INJURIES (Art 266 par 2)
or incapacity for
labor
Article 266
Slight physical injuries and maltreatment. - The crime of
slight physical injuries shall be punished:
1) By arresto menor when the offender has
inflicted physical injuries which shall
incapacitate the offended party for labor
from one to nine days, or shall require
medical attendance during the same period
2) By arresto menor or a fine not exceeding Forty
thousand pesos (P40,000) and censure when
the offender has caused physical injuries
which do not prevent the offended party
from engaging in his habitual work nor
require medical assistance.
3) By arresto menor in its minimum period or a
fine not exceeding Five thousand pesos
(P5,000) when the offender shall ill-treat
another by deed without causing any injury.
Three kinds of slight physical injuries
1) Physical injuries which incapacitated the
offended party for labor from one (1) to nine
(9) days, or required medical attendance
during the same period.
2) Physical injuries which did not prevent the
offended party from engaging in his
habitual work or which did not require
medical attendance.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

3) Ill-treatment of another by deed without D. "Economic abuse" refers to acts that make or
causing any injury. attempt to make a woman financially dependent
which includes, but is not limited to the following:
Republic Act No. 9262  withdrawal of financial support or preventing
the victim from engaging in any legitimate
AN ACT DEFINING VIOLENCE AGAINST profession, occupation, business or activity,
WOMEN AND THEIR CHILDREN, except in cases wherein the other
PROVIDING FOR PROTECTIVE MEASURES spouse/partner objects on valid, serious and
FOR VICTIMS, PRESCRIBING PENALTIES moral grounds as defined in Article 73 of the
THEREFORE, AND FOR OTHER PURPOSES
Family Code;
SECTION 3. Definition of Terms.- As used in this Act,
 deprivation or threat of deprivation of financial
(a) "Violence against women and their
resources and the right to the use and
children" refers to any act or a series of acts
enjoyment of the conjugal, community or
committed by any person against a woman
property owned in common;
who is his wife, former wife, or against a
 destroying household property;
woman with whom the person has or had a
 controlling the victims' own money or
sexual or dating relationship, or with whom
properties or solely controlling the conjugal
he has a common child, or against her child
money or properties.
whether legitimate or illegitimate, within
(b) "Battery" refers to an act of inflicting physical
or without the family abode, which result in
harm upon the woman or her child resulting to the
or is likely to result in physical, sexual,
physical and psychological or emotional distress.
psychological harm or suffering, or economic
(c) "Battered Woman Syndrome" refers to a
abuse including threats of such acts, battery,
scientifically defined pattern of psychological and
assault, coercion, harassment or arbitrary
behavioral symptoms found in women living in
deprivation of liberty. It includes, but is not
battering relationships as a result of cumulative
limited to, the following acts:
abuse.
(d) "Stalking" refers to an intentional act committed
A. "Physical Violence" refers to acts that include
by a person who, knowingly and without lawful
bodily or physical harm;
justification follows the woman or her child or places
B. "Sexual violence" refers to an act which is sexual
the woman or her child under surveillance directly
in nature, committed against a woman or her child. It
or indirectly or a combination thereof.
includes, but is not limited to:
(e) "Dating relationship" refers to a situation wherein
 rape, sexual harassment, acts of lasciviousness,
the parties live as husband and wife without the benefit
treating a woman or her child as a sex object,
of marriage or are romantically involved over time and
making demeaning and sexually suggestive
on a continuing basis during the course of the
remarks, physically attacking the sexual parts of
relationship. A casual acquaintance or ordinary
the victim's body, forcing her/him to watch
socialization between two individuals in a business or
obscene publications and indecent shows or
social context is not a dating relationship.
forcing the woman or her child to do indecent
(f) "Sexual relations" refers to a single sexual act
acts and/or make films thereof, forcing the
which may or may not result in the bearing of a
wife and mistress/lover to live in the conjugal
common child.
home or sleep together in the same room with
(g) "Safe place or shelter" refers to any home or
the abuser;
institution maintained or managed by the Department
 acts causing or attempting to cause the victim
of Social Welfare and Development (DSWD) or by any
to engage in any sexual activity by force, threat
other agency or voluntary organization accredited by
of force, physical or other harm or threat of
the DSWD for the purposes of this Act or any other
physical or other harm or coercion;
suitable place the resident of which is willing
 Prostituting the woman or child.
temporarily to receive the victim.
C. "Psychological violence" refers to acts or
(h) "Children" refers to those below eighteen (18)
omissions causing or likely to cause mental or
years of age or older but are incapable of taking care of
emotional suffering of the victim such as but not
themselves as defined under Republic Act No. 7610.
limited to intimidation, harassment, stalking, damage
As used in this Act, it includes the biological children
to property, public ridicule or humiliation, repeated
of the victim and other children under her care.
verbal abuse and mental infidelity. It includes causing
or allowing the victim to witness the physical, sexual or
SECTION 5. Acts of Violence Against Women and Their
psychological abuse of a member of the family to
Children.- The crime of violence against women and
which the victim belongs, or to witness pornography
their children is committed through any of the
in any form or to witness abusive injury to pets or to
following acts:
unlawful or unwanted deprivation of the right to
(a) Causing physical harm to the woman or her
custody and/or visitation of common children.
child;

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
(b) Threatening to cause the woman or her child
physical harm;
(c) Attempting to cause the woman or her child
physical harm;
(d) Placing the woman or her child in fear of
imminent physical harm;
(e) Attempting to compel or compelling the
woman or her child to engage in conduct which
the woman or her child has the right to desist from
or desist from conduct which the woman or her child
has the right to engage in, or attempting to restrict or
restricting the woman's or her child's freedom of
movement or conduct by force or threat of force,
physical or other harm or threat of physical or other
harm, or intimidation directed against the woman or
child. This shall include, but not limited to, the
following acts committed with the purpose or effect of
controlling or restricting the woman's or her
child's movement or conduct:
(1) Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
(2) Depriving or threatening to deprive the woman or
her children of financial support legally due her or her
family, or deliberately providing the woman's children
insufficient financial support;
(3) Depriving or threatening to deprive the woman or
her child of a legal right;
(4) Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or
controlling the victim's own mon4ey or properties, or
solely controlling the conjugal or common money, or
properties;
(f) Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;
(g) Causing or attempting to cause the woman or her
child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical
harm, or through intimidation directed against the
woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that alarms or
causes substantial emotional or psychological distress
to the woman or her child. This shall include, but not
be limited to, the following acts:
(1) Stalking or following the woman or her child in
public or private places;
(2) Peering in the window or lingering outside the
residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the
property of the woman or her child against her/his will;
(4) Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her
child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule
or humiliation to the woman or her child, including,
but not limited to, repeated verbal and emotional
abuse, and denial of financial support or custody of
minor children of access to the woman's
child/children.
SECTION 6. Penalties.- The crime of violence against
women and their children, under Section 5 hereof shall
be punished according to the following rules:
(a) Acts falling under Section 5(a) constituting
attempted, frustrated or consummated parricide
or murder or homicide shall be punished in
accordance with the provisions of the Revised Penal
Code.
If these acts resulted in mutilation, it shall be
punishable in accordance with the Revised Penal
Code; those constituting serious physical injuries
shall have the penalty of prison mayor; those
constituting less serious physical injuries shall be
punished by prision correccional; and those
constituting slight physical injuries shall be punished by
arresto mayor.
Acts falling under Section 5(b) shall be punished by
imprisonment of two degrees lower than the
prescribed penalty for the consummated crime as
specified in the preceding paragraph but shall in no
case be lower than arresto mayor.
(b) Acts falling under Section 5(c) and 5(d) shall be
punished by arresto mayor;
(c) Acts falling under Section 5(e) shall be punished by
prision correccional;
(d) Acts falling under Section 5(f) shall be punished by
arresto mayor;
(e) Acts falling under Section 5(g) shall be punished by
prision mayor;
(f) Acts falling under Section 5(h) and Section 5(i) shall
be punished by prision mayor.
If the acts are committed while the woman or child is
pregnant or committed in the presence of her
child, the penalty to be applied shall be the maximum
period of penalty prescribed in the section.
In addition to imprisonment, the perpetrator shall (a)
pay a fine in the amount of not less than One hundred
thousand pesos (P100,000.00) but not more than three
hundred thousand pesos (300,000.00); (b) undergo
mandatory psychological counseling or psychiatric
treatment and shall report compliance to the court.
SECTION 7. Venue.- The Regional Trial Court
designated as a Family Court shall have original and
exclusive jurisdiction over cases of violence against
women and their children under this law. In the
absence of such court in the place where the offense
was committed, the case shall be filed in the Regional
Trial Court where the crime or any of its elements
was committed at the option of the compliant.
SECTION 9. Who may file Petition for Protection Orders. –
A petition for protection order may be filed by any of
the following:
(a) the offended party;
(b) parents or guardians of the offended party;
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
(c) ascendants, descendants or collateral relatives
within the fourth civil degree of consanguinity or
affinity;
(d) officers or social workers of the DSWD or social
workers of local government units (LGUs);
(e) police officers, preferably those in charge of
women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare
provider of the petitioner;
(h) At least two (2) concerned responsible citizens
of the city or municipality where the violence against
women and their children occurred and who has
personal knowledge of the offense committed.
SECTION 24. Prescriptive Period. – Acts falling under
Sections 5(a) to 5(f) shall prescribe in twenty (20)
years. Acts falling under Sections 5(g) to 5(I) shall
prescribe in ten (10) years.
SECTION 25. Public Crime. – Violence against women
and their children shall be considered a public offense
which may be prosecuted upon the filing of a
complaint by any citizen having personal knowledge of
the circumstances involving the commission of the
crime.
SECTION 26. Battered Woman Syndrome as a Defense. –
Victim-survivors who are found by the courts to be
suffering from battered woman syndrome do not
incur any criminal and civil liability
notwithstanding the absence of any of the elements for
justifying circumstances of self-defense under the
Revised Penal Code.
In the determination of the state of mind of the woman
who was suffering from battered woman syndrome at
the time of the commission of the crime, the courts
shall be assisted by expert psychiatrists/ psychologists.
SECTION 27. Prohibited Defense. – Being under the
influence of alcohol, any illicit drug, or any other mind-
altering substance shall not be a defense under this Act.
SECTION 34. Persons Intervening Exempt from Liability. –
In every case of violence against women and their
children as herein defined, any person, private
individual or police authority or barangay official who,
acting in accordance with law, responds or intervenes
without using violence or restraint greater than
necessary to ensure the safety of the victim, shall not
be liable for any criminal, civil or administrative liability
resulting therefrom.
SECTION 36. Damages. – Any victim of violence
under this Act shall be entitled to actual, compensatory,
moral and exemplary damages.
CHAPTER THREE RAPE
Article 266-A
Rape, When And How Committed. – Rape is committed:
1) By a man who shall have carnal knowledge
of a woman under any of the following
circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of
reason or otherwise unconscious;
c) By means of fraudulent machination or
grave abuse of authority; and
d) When the offended party is under twelve
(12) years of age or is demented, even
though none of the circumstances
mentioned above be present.
2) By any person who, under any of the
circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual assault
by inserting his penis into another person’s
mouth or anal orifice, or any instrument or
object, into the genital or anal orifice of
another person. (R.A. No. 8353, October 22,
1997)
Article 266-B
Penalty. – Rape under paragraph 1 of the next
preceding article shall be punished by reclusion
perpetua.
Whenever the rape is committed with the use of a
deadly weapon or by two or more persons, the
penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the
victim has become insane, the penalty shall become
reclusion perpetua to death.
When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the
penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape,
homicide is committed, the penalty shall be death.
The death penalty shall also be imposed if the crime
of rape is committed with any of the following
aggravating/qualifying circumstances:
1) When the victim is under eighteen (18) years
of age and the offender is a parent,
ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third
(3rd) civil degree, or the common-law
spouse of the parent of the victim;
2) When the victim is under the custody of the
police or military authorities or any law
enforcement or penal institution;
3) When the rape is committed in full view of
the spouse, parent, any of the children or
other relatives within the third civil degree of
consanguinity;
4) When the victim is a religious engaged in
legitimate religious vocation or calling and is
personally known to be such by the offender
before or at the time of the commission of
the crime;
5) When the victim is a child below seven (7)
years old;
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
6) When the offender knows that he is afflicted
with the Human Immuno-Deficiency Virus
(HIV)/Acquired Immune Deficiency
Syndrome (AIDS) or any other sexually
transmissible disease and the virus or disease
is transmitted to the victim;
7) When committed by any member of the
Armed Forces of the Philippines or para-
military units thereof or the Philippine
National Police or any law enforcement
agency or penal institution, when the
offender took advantage of his position to
facilitate the commission of the crime;
8) When by reason or on the occasion of the
rape, the victim has suffered permanent
physical mutilation or disability;
9) When the offender knew of the pregnancy
of the offended party at the time of the
commission of the crime; and
10) When the offender knew of the mental
disability, emotional disorder and/or
physical handicap of the offended party at
the time of the commission of the crime.
Rape under paragraph 2 of the next preceding article
shall be punished by prision mayor.
Whenever the rape is committed with the use of a
deadly weapon or by two or more persons, the
penalty shall be prision mayor to reclusion temporal.
When by reason or on the occasion of the rape, the
victim has become insane, the penalty shall be
reclusion temporal.
When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the
penalty shall be reclusion temporal to reclusion
perpetua.
When by reason or on the occasion ofthe rape,
homicide is committed, the penalty shall be reclusion
perpetua.
Reclusion temporal shall be imposed if the rape is
committed with any of the ten aggravating/
qualifying circumstances mentioned in this article.
Elements (par 1) – RAPE BY SEXUAL
INTERCOURSE/ORGAN RAPE/PENILE
RAPE
1) That the offender is a man;
2) That the offender had carnal knowledge of a
woman;
 Penetration, even partial, is necessary
for rape to be consummated
 A broke hymen is not an essential
element
 There must be sufficient and
convincing proof that the penis indeed
touched the labias or slid into the
female organ, and not merely stroked
the external surface thereof, for an
accused to be convicted of
consummated rape.
 Proof of penetration, and not the exact
date of sexual assault is controlling
 Silence may amount to tacit consent
 A conviction for rape may rest on
direct as well as circumstantial evidence
 There is no crime of frustrated rape
 Rape with homicide is a special
complex crime – “homicide” is
understood in its generic sense,
includes murder and slight physical
injuries committed
3) That such act is accomplished under any of the
following circumstances:
 By using force or intimidation; or
o The force need not be irresistible.
 When the woman is deprived of reason or
otherwise unconscious;
 By means of fraudulent machination or
grave abuse of authority;
 When the woman is under 12 years of age or
demented.
 RA 11648 – When the offended party is under
sixteen (16) years of age or is demented, even
though none of the circumstances mentioned
above be present: Provided, that there shall be
no criminal liability on the part of a person
having carnal knowledge of another person
under 16 years of age when the age difference
between the parties is not more than three (3)
years, and the sexual act in question is proven
to be consensual, non-abusive and non-
exploitative: Provided further, that if the victim
is under 13 years of age, this exception shall not
apply.
Elements (par 2) – RAPE BY SEXUAL
ASSAULT/INSTRUMENT OR OBJECT RAPE
1) That the offender commits an act of sexual
assault;
 May be a man or a woman
2) That the act of sexual assault is committed by
any of the following means:
 By inserting his penis into another
person's mouth or anal orifice
 By inserting any instrument or
object into the genital or anal orifice
of another person.
3) That the act of sexual assault is accomplished
under any of the following circumstances:
 By using force or intimidation;
 When the woman is deprived of
reason or otherwise unconscious*
 By means of fraudulent machination
or grave abuse of authority;
 When the woman is under 12 years
of age or demented.
Who can commit rape?
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Under Republic Act No. 8353, the crime of

rape can now be committed by a male or a female.
Before its amendment, rape could only be committed
by a male person.

It also reclassified rape as a crime against

person from crime against honor.

Article 266-C
Effect of Pardon. – The subsequent valid marriage
between the offended party shall extinguish the
criminal action or the penalty imposed.

In case it is the legal husband who is the offender,

the subsequent forgiveness by the wife as the
offended party shall extinguish the criminal action or
the penalty: Provided, That the crime shall not be
extinguished or the penalty shall not be abated if the
marriage is void ab initio.

Crimes against Crimes against

persons chastity
Marriage extinguishes Such effect benefits not
that penal action and the only the principals but
penalty only as to the also the accomplices and
principal (i.e., husband) accessories
and not as to the
accomplices and
accessories.
Subsequent forgiveness Pardon/forgiveness by
by the wife as the the offended party shall
offended party shall bar the prosecution of
extinguish the criminal the offense committed,
action or the penalty i.e., seduction,
 exception to the abduction, acts of
rule that lasciviousness.
forgiveness by
the offended
party shall not
extinguish the
penal action in
crimes against
persons.

Article 266-D
Presumptions. – Any physical overt act manifesting
resistance against the act of rape in any degree from
the offended party, or where the offended party is so
situated as to render her/him incapable of giving
valid consent, may be accepted as evidence in the
prosecution of the acts punished under Article 266-
A.

Evidence which may be accepted in the

prosecution of rape.
(a) any physical overt act manifesting resistance against
the act of rape in any degree from the offended party;
or
(b) where the offended party is so situated as to render
him/her incapable of giving consent.

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

TITLE IX  There must be actual detention or

locking up
Crimes Against Personal Liberty and Security
CHAPTER ONE CRIMES AGAINST  It is not necessary that the
victim be placed in an inclosure
LIBERTY but also in any manner
Section One. - Illegal Detention detaining him or depriving him
of his liberty
Article 267  There is deprivation of liberty
Kidnapping and serious illegal detention. - Any private when the child has freedom of
individual who shall kidnap or detain another, or in locomotion but no freedom to
any other manner deprive him of his liberty, shall leave at will
suffer the penalty of reclusion perpetua to death:
 The detention or deprivation
1) If the kidnapping or detention shall have
lasted more than three (3) days. of liberty need not be
2) If it shall have been committed simulating permanent
public authority. 3) That the act of detention or kidnapping must
3) If any serious physical injuries shall have be illegal.
been inflicted upon the person kidnapped or  Illegal – when not ordered by a
detained; or if threats to kill him shall have competent authority or not
been made. permitted by law
4) If the person kidnapped or detained shall be  Not expressed in the provision but
a minor, except when the accused is any of must be understood to be included
the parents, female or a public officer.  When one commits a crime in a private
person’s presence (citizen’s arrest),
The penalty shall be death where the kidnapping or
the detention is legal as to a certain
detention was committed for the purpose of
extorting ransom from the victim or any other extent
person, even if none of the circumstances above-  Restraint by robbers is not illegal
mentioned were present in the commission of the detention when the purpose is to
offense. delay or prevent assistance being
rendered by the authorities
When the victim is killed or dies as a consequence of
the detention or is raped, or is subjected to torture 4) That in the commission of the offense, any of
or dehumanizing acts, the maximum penalty shall be the following circumstances is present:
imposed. a) That the kidnapping or detention lasts for
more than 3 days;
Elements b) That it is committed simulating public
1) That the offender is a private individual authority;
Applicable provision c) That any serious physical injuries are
Private individual Article 267 inflicted upon the person kidnapped or
(Kidnapping and
serious illegal
detained or threats to kill him are made; or
detention) d) That the person kidnapped or detained is a
Public officer with Article 124 (Arbitrary minor, female, or a public officer
custody detention)  These circumstances are alternative
Public officer without Article 267
custody (Kidnapping and Other circumstances
serious illegal Circumstances Effect/applicable
detention) provisions
When the victim is a INDUCING A MINOR TO
2) That he kidnaps or detains another, or in any minor and accused is ABANDON HIS HOME
other manner deprives the latter of his any of the parents (Article 271, par 2)
liberty. Where the kidnapping  penalty shall be death
or detention was (reclusion perpetua
 The intention to deprive the victim
committed for the without eligibility of
of his liberty for purpose of extorting purpose of extorting parole)
ransom on the part of the accused is ransom from the  not necessary that one
essential in the crime of kidnapping. victim or any other or any of the
 The deprivation of liberty must person circumstances be
not be incidental present
 ransom – Under
 May be forcibly or fraudulently Lindbergh Law, it is
 Actual demand and actual payment the money, price or
for ransom is not necessary, for as consideration paid or
long as it is the purpose demanded for

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

redemption of a Crime against liberty and Crime against the

captured person or security fundamental laws of the
persons, a payment State
that
When the Purpose is immaterial
circumstances in Art Article 268
267 are present Slight illegal detention. - The penalty of reclusion temporal
Victim is taken from MURDER (Article 248) shall be imposed upon any private individual who
one place to another  specific intent must shall commit the crimes described in the next
solely for the purpose be alleged in the preceding article without the attendance of any of
of killing him information. It is not circumstances enumerated therein. The same
synonymous with penalty shall be incurred by anyone who shall furnish
motive. the place for the perpetration of the crime.
If the offender is 15-18  no discernment –
years of age EXEMPT If the offender shall voluntarily release the person so
 with discernment –
kidnapped or detained within three (3) days from the
PRIVILEGED
MITIGATING commencement of the detention, without having
CIRCUMSTANCES attained the purpose intended, and before the
(penalty next lower in institution of criminal proceedings against him, the
degree) penalty shall be prision mayor in its minimum and
Offender took the Complex crime of medium periods and a fine not exceeding One
victim with lewd FORCIBLE ABDUCTION hundred thousand pesos (P100,000).
designs WITH RAPE
a) one complex crime of Elements
forcible abduction
1) That the offender is a private individual.
with rape, inasmuch as
the forcible abduction Applicable provision
of rape was only Private individual Article 268 (Slight
necessary for the first without the illegal detention)
rape circumstances in Art
b) each of the other 267
counts of rape Public officer with Article 124 (Arbitrary
constitutes distinct custody detention)
and separate count of Public officer without Article 268 (Slight
rape custody and without illegal detention)
the circumstances in
Special complex crime of kidnapping with murder Art 267
Prior to RA 7659 (December 31, 1993)
RULES Accomplices
Complex crime of When kidnapping is a Anyone who  Liable as co-
kidnapping with murder necessary means of furnished the place principal under
(Article 48) committing the murder for the perpetration Art 268
Two separate crimes of The murder/rape was an of the crime  Reclusion temporal
kidnapping and afterthought Acts other than  Art 52 – liable
murder/rape furnishing the place as an
for the perpetration accomplice
From effectivity of RA 7659 of the crime under Art 268
RULES  the penalty next
When the victim is  special complex lower in degree
1) killed or dies as a crime
consequence of  maximum 2) That he kidnaps or detains another, or in
the detention or penalty shall be any other manner deprives him of his
2) is raped, or imposed liberty.
3) is subjected to
3) That the act of kidnapping or detention is
torture or
dehumanizing illegal.
acts 4) That the crime is committed without the
attendance of any of the circumstances
enumerated in Art. 267.
Illegal detention distinguished from arbitrary
detention
Other circumstances
Illegal detention Arbitrary detention Circumstances Effect/applicable
Art 267 Art 124 provisions
Committed by a private Committed by a public If the offender shall  Privileged
person or a public officer officer or employee 1) voluntarily release mitigating
without custody over the the person so circumstance
person kidnapped or  1 degree lower –
detained within prision mayor
three (3) days

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

from the  Not offset by Unlawful arrest distinguished from delay in the
commencement aggravating delivery of detained persons to the proper judicial
of the detention, circumstances authorities
2) without having  It must be shown
Unlawful arrest Delay in the delivery of
attained the that he is in a
detained persons to the
purpose intended, position to
proper judicial
and prolong the
authorities
3) before the detention yet he
institution of Art 269 Art 125
released the
criminal Detention is not Detention is for some legal
person detained
proceedings authorized by law ground
against him Crime is committed by Crime is committed by
When the victim is a female  Art 267 shall apply making an arrest not failing to deliver such
authorized by law person to the proper
 No privileged
judicial authority within a
mitigating
certain period of time
circumstances
shall be applied
Section Two. - Kidnapping of minors
Article 269
Unlawful arrest. - The penalty of arresto mayor and a Article 270
fine not exceeding One hundred thousand pesos Kidnapping and failure to return a minor. - The penalty of
(P100,000) shall be imposed upon any person who, reclusion perpetua shall be imposed upon any person
in any case other than those authorized by law, or who, being entrusted with the custody of a minor
without reasonable ground therefor, shall arrest or person, shall deliberately fail to restore the latter to
detain another for the purpose of delivering him to his parents or guardians.
the proper authorities.
Elements
Elements 1) That the offender is entrusted with the custody
1) That the offender arrests or detains another of a minor person (below 18 years of age).
person.  The age of majority is 18 years old
 The offender is any person, whether a under RA 6809
public officer or a private individual. 2) That he deliberately fails to restore the said
minor to his parents or guardians.
Applicable provision  What is punished is the deliberate
Private individual, the Article 269 (Unlawful failure of the custodian of the minor
arrest is without legal arrest) to restore the latter to his parents or
grounds
guardian
Public officers with Article 124 (Arbitrary
authority/custody but detention)  It is not necessary that the purpose of
the arrest is without the offender is to separate permanently
legal grounds the minor from his parents or guardian.
Public officers Article 269 (Unlawful
without arrest) Other circumstances
authority/custody and Circumstances Effect/applicable
the arrest is without provisions
legal grounds When the crime is INDUCING A MINOR
committed by the father or TO ABANDON HIS
2) That the purpose of the offender is to deliver mother of the minor HOME (Article 271, par
him to the proper authorities. 2)
3) That the arrest or detention is not authorized
by law or there is no reasonable ground Kidnapping and failure to return a minor
therefor. distinguished from kidnapping and serious illegal
 Applies only to warrantless arrest detention
Kidnapping and failure Kidnapping and serious
to return a minor illegal detention
Unlawful arrest distinguished from illegal Art 270 Art 267
detention Punishes the deliberate Punishes the deprivation
Unlawful arrest Illegal detention failure by the person of liberty
Art 269 Art 267, Art 268 having the custody of the
The purpose of locking up In any other cases where minor to restore such
or detaining the victim is there is deprivation of minor to his parents or
to deliver him to the liberty guardian
proper authorities
*necessarily included in
Kidnapping and Serious
Illegal Detention of Minor
under par 4 of Art 267

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Offender has custody Offender is not entrusted 1) That the offender purchases, sells, kidnaps
over the victim with the custody of the or detains a human being.
victim 2) That the purpose of the offender is to
enslave such human being.
Article 271
Inducing a minor to abandon his home. - The penalty of Other circumstances
prision correccional and a fine not exceeding One Circumstances Effect/applicable
hundred thousand pesos (P100,000) shall be provisions
imposed upon anyone who shall induce a minor to The purpose is to assign Penalty shall be imposed in
abandon the home of his parent or guardians or the the offended party to some its maximum
persons entrusted with his custody. immoral traffic
If the person committing any of the crimes covered The employment or  Will cannot be
by the two preceding articles shall be the father or custody of a minor with the considered
the mother of the minor, the penalty shall be arresto consent of the parent or involuntary servitude
mayor or a fine not exceeding Forty thousand pesos guardian
(P40,000), or both. Where it is proven that the SLAVERY (Art 272)
defendant was obliged to
render service in plaintiffs
Elements house as a servant
1) That a minor is living in the home of his without remuneration
parents or guardian or the person entrusted whatever and to remain
with his custody. there so long as she has
2) That the offender induces said minor to not paid her debt
abandon such home.
 The inducement must be actual, with Slavery distinguished from illegal detention
Slavery Illegal detention
criminal intent and determined by a
Art 272 Art 267, Art 268
will to cause a damage The offender purchases, The offender kidnaps or
 Actual abandonment is not sells, kidnaps or detains detains another, or in any
necessary a human being other manner deprives
 The minor should not leave his home him of his liberty
in his free will The purpose is to enslave In any other purposes
the victim
Other circumstances
Circumstances Effect/applicable Article 273
provisions Exploitation of child labor. — The penalty of prision
When the crime is INDUCING A MINOR correccional in its minimum and medium periods and
committed by the father or TO ABANDON HIS a fine not exceeding 500 pesos shall be imposed
mother of the minor HOME (Article 271, par upon anyone who, under the pretext of reimbursing
2) himself of a debt incurred by an ascendant, guardian
or person entrusted with the custody of a minor,
Any of the crimes covered by the two preceding shall, against the latter's will, retain him in his service.
articles
Art. 269, which defines and punishes unlawful Elements
arrest, could not be contemplated in the second 1) That the offender retains a minor in his
paragraph of Art. 271. It should read, "If the person service.
committing any of the crimes covered by the 2) That it is against the will of the minor.
preceding article and the first paragraph of this  if the minor consents to the offender's
article shall be the father or the mother of the retaining his services, there is no
minor," etc. violation of this article.
 The existence of an indebtedness
Section Three. - Slavery and Servitude constitutes no legal justification for
holding a person and depriving him of
Article 272 his freedom to live where he wills.
Slavery. — The penalty of prision mayor and a fine of 3) That it is under the pretext of reimbursing
not exceeding 10,000 pesos shall be imposed upon himself of a debt incurred by an ascendant,
anyone who shall purchase, sell, kidnap or detain a guardian or person entrusted with the
human being for the purpose of enslaving him. custody of such minor.

If the crime be committed for the purpose of

Article 274
assigning the offended party to some immoral
Services rendered under compulsion in payment of debt. —
traffic, the penalty shall be imposed in its maximum
The penalty of arresto mayor in its maximum period to
period.
prision correccional in its minimum period shall be
imposed upon any person who, in order to require
Elements or enforce the payment of a debt, shall compel the

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
debtor to work for him, against his will, as household
servant or farm laborer.
Elements
1) That the offender compels a debtor to work for
him, either as household servant or farm
laborer.
 The provision is specific as to the kind of
work
2) That it is against the debtor's will.
 this article does not distinguish whether the
victim is a minor or not
3) That the purpose is to require or enforce the
payment of a debt.
Services rendered under compulsion in payment
of debt distinguished from exploitation of child
labor
Services rendered under Exploitation of child
compulsion in payment labor
of debt
Art 274 Art 273
This article does not It is the minor who is
distinguish whether the compelled to render
victim is a minor or notservices for the supposed
debt of his parent or
guardian
Limited to household The service of the minor is
servant or farm laborer not limited to household
and farm work
CHAPTER TWO CRIMES AGAINST
SECURITY
Section One. – Abandonment of helpless persons
and exploitation of minors
Article 275
Abandonment of person in danger and abandonment of one's
own victim. - The penalty of arresto mayor shall be
imposed upon:
1) Any one who shall fail to render assistance
to any person whom he shall find in an
uninhabited place wounded or in danger of
dying, when he can render such assistance
without detriment to himself, unless such
omission shall constitute a more serious
offense.
2) Anyone who shall fail to help or render
assistance to another whom he has
accidentally wounded or injured.
3) Anyone who, having found an abandoned
child under seven (7) years of age, shall fail
to deliver said child to the authorities or to
his family, or shall fail to take him to a safe
place.
Acts punishable under Art. 275
1) By failing to render assistance to any person
whom the offender finds in an uninhabited
place wounded or in danger of dying when he
can render such assistance without detriment
to himself, unless such omission shall
constitute a more serious offense.
Elements
1) The place is not inhabited;
 Uninhabited place is a place where a person
cannot seek help.
2) The accused found there a person wounded or
in danger of dying;
3) The accused can render assistance without
detriment to himself;
4) The accused fails to render assistance.
2) By failing to help or render assistance to
another whom the offender has accidentally
wounded or injured.
 Must be accidental and not intentional
Accidental Liable under Art
275 (Abandonment
of person in danger
and abandonment
of one's own
victim)
Intentional Liable only for the
crime resulting
from the stabbing
or shooting, which
may be physical
injuries (Art 263,
265, 266) or
homicide if the
victim dies
 The uninhabited place is not an element in
this case.
 Is this applicable in hit-and-run cases? Yes,
provided there is not intent to kill.
 What if there is intent to kill? Cross-
reference it with Article 365 of the Revised
Penal Code. If you are the Prosecutor in a
hit-and-run case, charge it in Article 365
and not Article 275.
3) By failing to deliver a child, under seven (7)
years of age whom the offender has found
abandoned, to the authorities or to his family,
or by failing to take him to a safe place.
 it is immaterial that the offender did not
know that the child is under seven years
 it applies to a lost child
 The child under seven years of age must be
found by the accused in an unsafe place
Article 276
Abandoning a minor. - The penalty of arresto mayor and
a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon any one who shall
abandon a child under seven (7) years of age, the
custody of which is incumbent upon him.
When the death of the minor shall result from such
abandonment, the culprit shall be punished by prision
correccional in its medium and maximum periods; but
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
if the life of the minor shall have been in danger only,
the penalty shall be prision correccional in its minimum
and medium periods.
The provisions contained in the two preceding
paragraphs shall not prevent the imposition of the
penalty provided for the act committed, when the
same shall constitute a more serious offense.
Elements
1) That the offender has the custody of a child.
2) That the child is under seven (7) years of age.
3) That he abandons such child.
 A permanent, conscious and
deliberate abandonment is required
in this article
 Abandonment which deprives him of
the care and protection from danger
to his person
4) That he has no intent to kill the child when
the latter is abandoned.
 His purpose in abandoning the minor
under his custody is to avoid the
obligation of taking care of said minor.
 Intent to kill cannot be presumed from the
death of the child - applicable only to
crimes against persons, and not to
crimes against security, particularly the
crime of abandoning a minor under Art.
276
 There must be no intent to kill
No intent to kill Art 276
(Abandoning a
minor)
With intent to kill Art 248 (Murder),
and the child dies Art 247 (Parricide),
or Art 255
(Infanticide)
With intent to kill Attempted murder,
and the child parricide or
does not die infanticide
Other circumstances
Circumstances Effect/applicable
provisions
Death of the minor prision correccional in its
resulted from such medium and maximum
abandonment periods
If the life of the minor was prision correccional in its
in danger because of the minimum and medium
abandonment periods
Article 277
Abandonment of minor by person entrusted with his custody;
indifference of parents. - The penalty of arresto mayor and
a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon anyone who,
having charge of the rearing or education of a minor,
shall deliver said minor to a public institution or
other persons, without the consent of the one who
entrusted such child to his care or in the absence of
the latter, without the consent of the proper
authorities.
The same penalty shall be imposed upon the parents
who shall neglect their children by not giving them
the education which their station in life require and
financial conditions permit.
Acts punished under Article 277
1) By delivering a minor to a public institution
or other persons without the consent of the
one who entrusted such minor to the care of
the offender or, in the absence of that one,
without the consent of the proper authorities.
Elements
1) That the offender has charge of the rearing
or education of a minor.
 Only the person charged with "the
rearing or education" of the minor
is liable.
 To “rear” - bring to maturity by
educating, nourishing, etc.: as, to rear
children
2) That he delivers said minor to a public
institution or other persons.
 ‘Other persons’ may include neighbors
3) That the one who entrusted such child to the
offender has not consented to such act; or if
the one who entrusted such child to the
offender is absent, the proper authorities have
not consented to it.
Abandonment of minor by person entrusted with
custody distinguished from abandonment of a
minor under Art. 276 and Art 275 (3)
Abandonment Abandonment Abandonment
of minor by of a minor of a minor in
person danger
entrusted with
custody
Art 277 (1) Art 276 (1) Art 275 (3)
The custody of The custody of The offender
the offender is the offender is has no custody
specific, that is, stated in
the custody for general
the rearing or
education of
the minor
Minor is under Minor is under Child under 7
18 years of age 7 years of age years of age
Minor is Minor is There is failure
delivered to a abandoned in to deliver said
public such a way as child to the
institution or to deprive him authorities or
other person of the care and to his family,
protection that or failure to
his tender years take him to a
need safe place
2) By neglecting his (offender's) children by not
giving them the education which their station
in life requires and financial condition permits.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Elements
1) That the offender is a parent.
2) That he neglects his children by not giving
them education.
 The element refers to children and no further
mention of age requirement.
 The article refers to not giving education and
does not qualify as to the quality of education,
such as the school. Deprivation of education
is what is referred here.
 Obligation to educate children terminates, if
mother and children refuse without good
reason to live with accused.
3) That his station in life requires such education
and his financial condition permits it.
 Failure to give education must be due
to deliberate desire to evade such
obligation and not due to financial
incapability
 Neglect of child is excluded from the
coverage of RA 7610
Article 278
Exploitation of minors. - The penalty of prision
correccional in its minimum and medium periods and
a fine not exceeding One hundred thousand pesos
(P100,000) shall be imposed upon:
1) Any person who shall cause any boy or girl
under sixteen (16) years of age to perform
any dangerous feat of balancing, physical
strength, or contortion.
2) Any person who, being an acrobat, gymnast,
rope-walker, diver, wild-animal tamer or
circus manager or engaged in a similar
calling, shall employ in exhibitions of these
kinds children under sixteen (16) years of age
who are not his children or descendants.
3) Any person engaged in any of the callings
enumerated in the next preceding paragraph
preceding who shall employ any descendant
of his under twelve (12) years of age in such
dangerous exhibitions.
4) Any ascendant, guardian, teacher or person
entrusted in any capacity with the care of a
child under sixteen (16) years of age, who
shall deliver such child gratuitously to any
person following any of the callings
enumerated in paragraph 2 hereof, or to any
habitual vagrant or beggar.
If the delivery shall have been made in consideration
of any price, compensation, or promise, the penalty
shall in every case be imposed in its maximum
period.
In either case, the guardian or curator convicted shall
also be removed from office as guardian or curator;
and in the case of the parents of the child, they may
be deprived, temporarily or perpetually, in the
discretion of the court, of their parental authority.
5) Any person who shall induce any child under
sixteen (16) years of age to abandon the
home of its ascendants, guardians, curators,
or teachers to follow any person engaged in
any of the callings mentioned in paragraph 2
hereof, or to accompany any habitual
vagrant or beggar.
Acts punished under this article
1) By causing any boy or girl under 16 years of
age to perform any dangerous feat of
balancing, physical strength or contortion,
the offender being any person.
2) By employing children under 16 years of age
who are not the children or descendants of
the offender in exhibitions of acrobat,
gymnast, ropewalker, diver, or wild-animal
tamer, the offender being an acrobat, etc.,
or circus manager or person engaged in a
similar calling.
3) By employing any descendant under 12
years of age in dangerous exhibitions
enumerated in the next preceding
paragraph, the offender being engaged in
any of the said callings.
4) By delivering a child under 16 years of age
gratuitously to any person following any of
the callings enumerated in paragraph 2, or
to any habitual vagrant or beggar, the
offender being an ascendant, guardian,
teacher or person entrusted in any capacity
with the care of such child.
5) By inducing any child under 16 years of age
to abandon the home of its ascendants,
guardians, curators or teachers to follow any
person engaged in any of the callings
mentioned in paragraph 2 or to accompany
any habitual vagrant or beggar, the offender
being any person.
Exploitation of minors distinguished from
inducing a minor to abandon his home
Exploitation of minors Inducing a minor to
abandon his home
Art 278 (5) Art 271
The purpose of inducing No purpose to exploit
the minor to abandon the
home is to follow any
person engaged in any of
the callings of being an
acrobat, gymnast, rope-
walker, diver, wild-
animal tamer or circus
manager or to
accompany any habitual
vagrant or beggar
* The exploitation of the
minor must be of such
nature as to endanger his
life or safety
Minor under 18 years of Minor under 16 years of
age age
Other circumstances
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Circumstances Effect/applicable  Trespass may be committed by the

provisions owner of a dwelling against the actual
Made in consideration of  Art 14 (11) occupant
any price, compensation or  The penalty should be
promise imposed in the
maximum 3) That such entrance is against the latter's will.
 Mere absence of consent is not
Article 279 enough to constitute the crime of
Additional penalties for other offenses. - The imposition of trespass to dwelling
the penalties prescribed in the preceding articles,  Lack of permission does not amount to
shall not prevent the imposition upon the same prohibition
person of the penalty provided for any other felonies  To commit trespass, the entrance by
defined and punished by this Code. the accused should be against the
presumed (implied) or express
Section Two. - Trespass to dwelling prohibition/opposition of the
occupant
Article 280 o Prohibition is implied in
Qualified trespass to dwelling. - Any private person who entering the dwelling of
shall enter the dwelling of another against the latter's another at late hour of the
will shall be punished by arresto mayor and a fine not night
exceeding Two hundred thousand pesos (P200,000). o Prohibition is implied in
entrance through the window
If the offense be committed by means of violence or or any place not intended for
intimidation, the penalty shall be prision correccional in ingress
its medium and maximum periods and a fine not
 In general, all members of a household
exceeding Two hundred thousand pesos (P200,000).
must be presumed to have authority to
The provisions of this article shall not be applicable extend an invitation to enter the house
to any person who shall enter another's dwelling for  The facts or circumstances from which
the purpose of preventing some serious harm to the objection of the occupant may be
himself, the occupants of the dwelling or a third inferred should be in existence prior to
person, nor shall it be applicable to any person who or at the time of the entry
shall enter a dwelling for the purpose of rendering
some service to humanity or justice, nor to anyone Other circumstances
who shall enter cafes, taverns, inn and other public Circumstances Effect/applicable
houses, while the same are open. provisions
Offense is committed by  prision correccional in
Elements means of violence or its medium and
1) That the offender is a private person. intimidation maximum periods
Applicable provision  prohibition is not
Private individual Article 280 (Qualified *violence may refer to the necessary
trespass to dwelling) person or to the act of
trespassing. The violence
Public officers in his Article 280 (Qualified
or intimidation may take
private capacity or not trespass to dwelling)
place prior to or
by virtue of his office
immediately after entrance
Public officers Article 128 (Violation
Defendants desisted from TRESPASS TO
of domicile)
their original intention to DWELLING WITH
commit another crime and VIOLENCE (Art 280)
2) That he enters the dwelling of another. left the house
 Dwelling place - means any building or The purpose of the HOMICIDE (Art 249)
structure exclusively devoted for rest accused was to kill the  dwelling or that
and comfort, as distinguished from person injured the crime was
places devoted to business, offices, etc. committed after
an unlawful
 Whether a building is a dwelling house entry would be an
or not depends upon the use to aggravating
which it is put. circumstance.
 Neither the nature of the crime nor the The accused entered the TRESPASS TO
responsibility of its perpetrator is dwelling of a captain by DWELLING
forcing his way through the THROUGH
altered by the fact that the accused window. The accused VIOLENCE,
was living, as a boarder, in the same resisted arrest and stabbed FRUSTRATED
house of which the room of the the son of the captain, HOMICIDE AND
offended occupant he entered was a inflicting a mortal wound. LESS SERIOUS
part. In his effort to escape, he PHYSICAL INJURIES
also assaulted the captain,

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
his wife and daughter. The  Two crimes were
son did not die because of committed, not
the timely and able medical complex under
attendance given by a
Art. 48
physician.
Cases to which the provisions of this article are not
applicable
1) If the entrance to another's dwelling is made
for the purpose of preventing some serious
harm to himself, the occupants of the
dwelling or a third person.
2) If the purpose is to render some service to
humanity or justice.
3) If the place where entrance is made is a cafe,
tavern, inn and other public houses, while
the same are open. (Art. 280, last par.)
Article 281
Other forms of trespass. — The penalty of arresto menor
or a fine not exceeding Forty thousand pesos
(P40,000), or both, shall be imposed upon any
person who shall enter the closed premises or the
fenced estate of another, while either of them are
uninhabited, if the prohibition to enter be manifest
and the trespasser has not secured the permission of
the owner or the caretaker thereof.
Elements
1) That the offender enters the closed premises
or the fenced estate of another.
 "Premises" - signifies distinct and
definite locality. It may mean a room,
shop, building or definite area, but in
either case, locality is fixed.
2) That the entrance is made while either of them
is uninhabited.
 closed premises + uninhabited
 fenced estate + uninhabited
3) That the prohibition to enter be manifest.
 Not merely express
4) That the trespasser has not secured the
permission of the owner or the caretaker
thereof.
Other forms of trespass distinguished from
trespass to dwelling
Other forms of trespass Trespass to dwelling
Art 281 Art 280
Offender is any person Offender is a private
person
Offender enters closed Offender enters a dwelling
premises or fenced estate house
Place entered is Place entered is inhabited
uninhabited
Entering the closed Act constituting the crime
premises or the fenced is entering the dwelling
estate without securing the against the will of the
permission of the owner or owner
caretaker thereof
prohibition to enter must Prohibition to enter is
be manifest express or implied
Section Three. — Threats and coercion
Article 282
Grave threats. — Any person who shall threaten
another with the infliction upon the person, honor
or property of the latter or of his family of any wrong
amounting to a crime, shall suffer:
1) The penalty next lower in degree than that
prescribed by law for the crime be
threatened to commit, if the offender shall
have made the threat demanding money or
imposing any other condition, even though
not unlawful, and said offender shall have
attained his purpose. If the offender shall
not have attained his purpose, the penalty
lower by two degrees shall be imposed.
If the threat be made in writing or through a
middleman, the penalty shall be imposed in its
maximum period.
2) The penalty of arresto mayor and a fine not
exceeding One hundred thousand pesos
(P100,000), if the threat shall not have been
made subject to a condition.
Acts punishable as grave threats
1) By threatening another with the infliction upon
his person, honor or property or that of his
family of any wrong amounting to a crime
and demanding money or imposing any
other condition, even though not unlawful,
and the offender attained his purpose. –
PENALTY NEXT LOWER IN DEGREE
THAN THAT PRESCRIBED BY LAW
FOR THE CRIME THREATENED TO
COMMIT
Elements
1) That the offender threatens another person
with the infliction upon the latter's person,
honor or property, or upon that of the
latter's family, of any wrong.
2) That such wrong amounts to a crime.
3) That there is a demand for money or that any
other condition is imposed, even though not
unlawful.
4) That the offender attains his purpose.
2) By making such (referring above) threat
without the offender attaining his purpose.
- PENALTY TWO DEGREES LOWER
THAN THAT PRESCRIBED BY LAW
FOR THE CRIME THREATENED TO
COMMIT
Elements
1) That the offender threatens another person
with the infliction upon the latter's person,
honor or property, or upon that of the
latter's family, of any wrong.
2) That such wrong amounts to a crime.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

3) That there is a demand for money or that any When the act consists in ROBBERY WITH
other condition is imposed, even though not materially taking INTIMIDATION (Art
unlawful. possession or securing, on 294)
the spot, the delivery of
4) That the offender did not attain his purpose. the money or other
personal property, through
3) By threatening another with the infliction upon the effect of fear or fright
his person, honor or property or that of his which the imminence of
family of any wrong amounting to a crime, the injury produces in the
the threat not being subject to a condition. – mind of the person
intimidated
ARRESTO MAYOR Any person who THREATENING TO
threatens another to PUBLISH (Art 356)
Elements publish a libel concerning
1) That the offender threatens another person him or the parents, spouse,
with the infliction upon the latter's person, child, or other members of
the family of the latter or
honor, or property, or upon that of the
upon anyone who shall
latter's family, of any wrong. offer to prevent the
 Must be serious and deliberate publication of such libel
 The offense is under this paragraph if for a compensation or
the condition is not proved money consideration
2) That such wrong amounts to a crime.
3) That the threat is not subject to a condition. Article 283
Light threats. — Any threat to commit a wrong not
Art 282 (1) first Art 282 (1) Art 282 (2) constituting a crime, made in the manner expressed
act second act in subdivision 1 of the next preceding article, shall
There is infliction upon the latter's person, honor be punished by arresto mayor.
or property, or upon that of the latter's family, of
any wrong Elements
The wrong amounts to a crime 1) That the offender makes a threat to commit
That there is a demand for The threat is a wrong.
money or that any other not subject to 2) That the wrong does not constitute a crime.
condition is imposed, even a condition 3) That there is a demand for money or that
though not unlawful. other condition is imposed, even though not
That the That the unlawful.
offender attains offender did  Blackmailing may be punished under
his purpose not attain his Art. 283
purpose 4) That the offender has attained his purpose
or, that he has not attained his purpose.
Other circumstances
 Light threats are committed in the
Circumstances Effect/applicable
provisions same manner as grave threats,
If the threat is penalty is to be imposed in except that the act threatened to be
1) made in writing its maximum period committed should not be a crime.
or
2) through a Article 284
middleman
The threats are spoken at The accused will incur
Bond for good behavior. — In all cases falling within the
different points in time separate liabilities for two next preceding articles, the person making the
each threat spoken threats may also be required to give bail not to
The person threatened is The crime is molest the person threatened, or if he shall fail to
not present consummated as soon as give such bail, he shall be sentenced to destierro.
the threats come to the
knowledge of the person In what cases may a person be required to give ball
threatened. not to molest another?
Threats made in The threat is not a
1) When he threatens another under the
connection with the separate offense
commission of other circumstances mentioned in Art. 282.
crimes 2) When he threatens another under the
If there is another crime The threat is absorbed by circumstances mentioned in Art. 283.
actually committed or the the other crime
objective of the offender is Bond for good behavior distinguished from bond
another crime, and the
to keep the peace
threat is only a means to
commit it or a mere Bond for good Bond to keep the
incident in its commission. behavior peace
Art 284 Art 35

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Applicable only to cases Not made applicable to Constituting a Not

of grave threats and light any particular case felony constituting a
threats felony.
If he shall fail to give If the offender fails to
bail, he shall be give bond, he shall be Grave threats, light threats, other light threats
sentenced to destierro. detained for a period Grave threats Light threats Other light
1) not exceeding six threats
(6) months (if Demanding Demanding
prosecuted for money or money or
grave or less imposing any imposing any
grave felony) or other condition other condition
2) not exceeding 30 (Art 282 par 1 (Art 283)
days (if and 2)
prosecuted for No demand for No demand for
light felony) money or money or
A security in order for A distinct penalty imposing any imposing any
the offender not to make other condition other condition
true the threats made (Art 282 par 3) (Art 285)
Constituting a Constituting a
Article 285 felony (Art 282) felony (Art 285
Other light threats. — The penalty of arresto menor in its par 2)
minimum period or a fine not exceeding Forty Not Not
Thousand pesos (P40,000) shall be imposed upon: constituting a constituting a
1) Any person who, without being included in felony (Art 283) felony (Art 285
the provisions of the next preceding article, par 3)
shall threaten another with a weapon or
draw such weapon in a quarrel, unless it be Article 286
in lawful self-defense. Grave coercions. — The penalty of prision correccional and
2) Any person who, in the heat of anger, shall a fine not exceeding One hundred thousand pesos
orally threaten another with some harm (P100,000) shall be imposed upon any person who,
(not) constituting a crime, and who by without authority of law, shall, by means of violence,
subsequent acts show that he did not persist threats or intimidation, prevent another from doing
in the idea involved in his threat, provided something not prohibited by law, or compel him to
that the circumstances of the offense shall do something against his will, whether it be right or
not bring it within the provisions of Article wrong.
282 of this Code.
3) Any person who shall orally threaten to do If the coercion be committed in violation of the
another any harm not constituting a felony. exercise of the right of suffrage, or for the purpose
of compelling another to perform any religious act
Acts punished as other light threats or to prevent him from exercising such right or from
1) By threatening another with a weapon, or by so doing such act, the penalty next higher in degree
drawing such weapon in a quarrel, unless it shall be imposed. (As amended by RA. No. 7890
be in lawful self-defense. which took effect on 20 Febuary 1995)
XPN: When done in lawful self defense
2) By orally threatening another, in the heat of Two ways of committing grave coercions
anger, with some harm (not) constituting a 1) By preventing another, by means of violence,
crime, without persisting in the idea threats or intimidation, from doing
involved in his threat. something not prohibited by law.
Note: The word "not" in this paragraph is enclosed in 2) By compelling another, by means of
parenthesis, because the inclusion of that word in violence, threats or intimidation, to do
paragraph 2 of Art. 285 is a mistake. something against his will, whether it be right
3) By orally threatening to do another any harm or wrong.
not constituting a felony.
Elements
3 acts of other light threats 1) That a person prevented another from doing
Art 285 (1) Art 285 (2) Art 285 (3) something not prohibited by law, or that he
Threatening Orally Orally compelled him to do something against his
another with a threatening threatening will, be it right or wrong;
weapon, or by  No coercion is committed by one who
drawing such prevents a murderer from carrying out
weapon in a his wicked purpose
quarrel  Compelling another to do something
Whether or not Made in the includes the offender's act of doing it
in a quarrel heat of anger

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

himself while subjecting another to compels a person to

his will – COMPELLED TO change his residence
ALLOW Kidnapping the debtor to KIDNAPPING WITH
compel him to pay his RANSOM (Art 267)
 When the complainant is in the actual debt
possession of a thing, even if he has no When the violence is LIGHT COERCION
right to that possession, compelling employed to seize (Art 287)
him by means of violence to give up the anything belonging to the
possession, even by the owner himself, debtor of the offender
is grave coercion - It is a maxim of the When the defendants GRAVE COERCION
presented themselves (Art 286)
law that no man is authorized to take armed and surrounded
the law into his hands and enforce his the complainant in a
rights with threats or violence notoriously threatening
 Coercion is consummated even if the attitude
offended party did not accede to the Where the accused, by Not frustrated illegal
purpose of the coercion. means of violence, merely detention but
dragged and carried the consummated GRAVE
2) That the prevention or compulsion be effected complainant to a COERCION (Art 286)
by violence, threats or intimidation; and distance of three meters
 RA 7659 from the place where she *for the illegal detention
3) That the person that restrained the will and was first grabbed, they did to be committed, there
liberty of another had not the authority of law not persist and voluntarily must be actual
desisted confinement
or the right to do so, or, in other words, that
the restraint shall not be made under When the purpose is to
authority of law or in the exercise of any prevent the inmates from
lawful right. leaving the premises
Extorting a confession or MALTREATMENT OF
Main difference between grave coercion and grave in obtaining an PRISONER (Art 235)
information from the
threat prisoner by means of
Grave coercion Grave threat violence
Art 286 Art 282 Extorting a confession or GRAVE COERCION
There is an immediate, The harm must be in in obtaining an (Art 286)
actual, or imminent the future information from any
harm person by means of
violence
Other circumstances If the coercion is penalty next higher in
committed degree shall be imposed
Circumstances Effect/applicable 1) in violation of the
provisions exercise of the
The act of preventing by GRAVE COERCION right of suffrage;
force is made at the time (Art 286) 2) to compel another
the offended party was to perform any
doing or about to do the religious act;
act to be prevented 3) to prevent
The act was already done UNJUST VEXATION another from
when violence is exerted (Art 287 par 2) performing any
A public officer who shall INTERRUPTION OF religious act.
prevent by means of RELIGIOUS
violence or threats the WORSHIP (Art 132)
ceremonies or Grave coercion distinguished from illegal
manifestations of any detention
religion Grave coercion Illegal detention
Any person who, by force, ACT TENDING TO Art 286 Art 267, 268
prevents the meeting of a PREVENT THE There is no deprivation There is deprivation of
legislative body MEETING OF THE but the complainant was liberty
ASSEMBLY AND compelled
SIMILAR BODIES (Art
143)
Any person who shall use VIOLATION OF Article 287
force or intimidation to PARLIAMENTARY Light coercions. — Any person who, by means of
prevent any member of IMMUNITY (Art 145) violence, shall seize anything belonging to his debtor
Congress from attending for the purpose of applying the same to the payment
the meetings thereof, of the debt, shall suffer the penalty of arresto mayor in
expressing his opinions, or its minimum period and a fine equivalent to the
casting his vote value of the thing, but in no case less than Fifteen
A public officer who, not EXPULSION (Art 127)
thousand pesos pesos.
being authorized by law,

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Any other coercions or unjust vexations shall be
punished by arresto menor or a fine ranging from One
thousand pesos (P1,000) to Forty thousand pesos
(P40,000), or both.
Elements (par 1)
1) That the offender must be a creditor.
 his conduct was that of a co-owner
who wished to exercise the right of
redemption with which
unquestionably he was civilly vested,
the accused is not guilty of light
coercion
2) That he seizes anything belonging to his
debtor.
3) That the seizure of the thing be accomplished
by means of violence or a display of material
force producing intimidation.
 Actual physical violence need not be
employed
4) That the purpose of the offender is to apply
the same to the payment of the debt.
 if the offender seized anything
belonging to his debtor by means of
violence to hold it merely as security
for the payment of the debt, Art. 287,
par. 1, is not applicable.
Unjust vexation (par 2)
 other light coercion (Art. 287, par. 2)
 includes any human conduct which,
although not productive of some
physical or material harm would,
however, unjustly annoy or vex an
innocent person
 kissing a girl, without performing
acts of lasciviousness, is unjust
vexation. If with acts of lasciviousness
(Art 336)
 There is no violence or intimidation
in unjust vexation
 When the act of the accused has no
connection with his previous acts of
violence, it is only unjust vexation
Other circumstances
Circumstances Effect/applicable
provisions
Through deceit and UNJUST VEXATION
misrepresentation, (Art 287 par 2)
willfully seized and took
possession
Article 288
Other similar coercions; (Compulsory purchase of merchandise
and payment of wages by means of tokens.) — The penalty
of arresto mayor or a fine ranging from Forty thousand
pesos (P40,000) to One hundred thousand pesos
(P100,000), or both, shall be imposed upon any
person, agent or officer, of any association or
corporation who shall force or compel, directly or
indirectly, or shall knowingly permit any laborer or
employee employed by him or by such firm or
corporation to be forced or compelled, to purchase
merchandise or commodities of any kind.
The same penalties shall be imposed upon any
person who shall pay the wages due a laborer or
employee employed by him, by means of tokens or
objects other than the legal tender currency of the
laborer or employee.
Acts punished as other similar coercions
1) By forcing or compelling, directly or
indirectly, or knowingly permitting the
forcing or compelling of the laborer or
employee of the offender to purchase
merchandise or commodities of any kind
from him.
Elements of No. 1
1) That the offender is any person, agent or
officer of any association or corporation.
2) That he or such firm or corporation has
employed laborers or employees.
3) That he forces or compels, directly or
indirectly, or knowingly permits to be
forced or compelled, any of his or its laborers
or employees to purchase merchandise or
commodities of any kind from him or from
said firm or corporation.
2) By paying the wages due his laborer or
employee by means of tokens or objects
other than the legal tender currency of the
Philippines, unless expressly requested by such
laborer or employee.
Elements of No. 2
1) That the offender pays the wages due a
laborer or employee employed by him by
means of tokens or objects.
2) That those tokens or objects are other than
the legal tender currency of the Philippines.
 GR: wages shall be paid in legal tender
and the use of tokens, promissory
notes, vouchers, coupons, or any other
form alleged to represent legal tender is
absolutely prohibited even when
expressly requested by the
employee. (Section 1, Rule VIII, Book
III, Omnibus Rules Implementing the
Labor Code)
3) That such employee or laborer does not
expressly request that he be paid by means
of tokens or objects.
Other circumstances
Circumstances Effect/applicable
provisions
Inducing an employee to Unlawful under Article
give up any part of his 116 of the Labor Code,
wages by force, stealth, not under the Revised
Penal Code
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

intimidation, threat or by
any other means
Article 289
Formation, maintenance and prohibition of combination of
capital or labor through violence or threats. — The penalty
of arresto mayor and a fine not exceeding Sixty
thousand pesos (P60,000) shall be imposed upon
any person who, for the purpose of organizing,
maintaining or preventing coalitions or capital or
labor, strike of laborers or lock-out of employees,
shall employ violence or threats in such a degree as
to compel or force the laborers or employers in the
free and legal exercise of their industry or work, if
the act shall not constitute a more serious offense in
accordance with the provisions of this Code.
Elements
1) That the offender employs violence or
threats, in such a degree as to compel or force
the laborers or employers in the free and
legal exercise of their industry or work.
 The act should not be a more serious
offense
2) That the purpose is to organize, maintain or
prevent coalitions of capital or labor, strike
of laborers or lockout of employers.
 Peaceful picketing is part of freedom of
speech and, therefore, cannot be
prohibited
This provision shall not be applicable to parents,
guardians, or persons entrusted with the custody of
minors with respect to the papers or letters of the
children or minors placed under their care or
custody, nor to spouses with respect to the papers
or letters of either of them.
Elements
1) That the offender is a private individual or
even a public officer not in the exercise of
his official function.
2) That he seizes the papers or letters of
another.
 "seize" - to place in the control of
someone a thing or to give him the
possession thereof and accordingly, it
is not necessary that in the act, there
should be force or violence.
3) That the purpose is to discover the secrets of
such another person.
4) That offender is informed of the contents of
the papers or letters seized.
 Prejudice is not an element of the
offense
Other circumstances
Circumstances Effect/applicable
provisions
Opened by mistake Not liable under Art 290

Other circumstances *act of seizure must be

Circumstances Effect/applicable 1) impelled by a desire to
provisions discover the secrets of
Death or some serious Act should be punished in another and
physical injuries are accordance with the other 2) that the accused is
caused in an effort to provisions of the Code informed of the contents
curtail the exercise of the of papers or letters.
rights of the laborers and When the offender  the penalty is
employers reveals the contents of higher (prision
When picketers commit Liable for COERCION such paper or letters of correccional)
any act of violence, another to a third person
coercion or intimidation or
obstruct free ingress to or * revealing the secrets is
egress from the premises not an element of the
Preventing employee from punished under the Labor offense
joining any registered labor Code, not under the
organization Revised Penal Code Art. 290 is not applicable to letters of minors or
spouses
CHAPTER THREE DISCOVERY AND This article is not applicable to parents,
REVELATION OF SECRETS guardians, or persons entrusted with the custody of
minors with respect to papers or letters of the
children or minors placed under their care or
Article 290
custody, or to spouses with respect to the papers
Discovering secrets through seizure of correspondence. — The
penalty of prision correccional in its minimum and or letters of either of them. (Art. 290, par. 3)
medium periods and a fine not exceeding One
hundred thousand pesos (P100,000) shall be Discovering secrets through seizure of
imposed upon any private individual who, in order correspondence distinguished from public officer
to discover secrets of another, shall seize his papers revealing secrets of private individual
or letters and reveal the contents thereof. Discovering secrets Public officer
through seizure of revealing secrets of
If the offender shall not reveal such secrets, the correspondence private individual
penalty shall be arresto mayor and a fine not exceeding Art 290 Art 230
One hundred thousand pesos (P100,000).

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Offender is a private Offender is a public 2) That the manufacturing or industrial

individual or public officer establishment has a secret of the industry
officer not in the which the offender has learned.
exercise of his official  The secrets here must be those relating
function to the manufacturing processes
Necessary that the Not necessary that the invented by or for a manufacturer and
secrets are contained in secrets are contained in used only in his factory or in a limited
papers or letters papers or letters
number of them, should not be
It is not necessary that Reveals such secrets
generally used
there be a secret and, if without justifiable
there is a secret reason 3) That the offender reveals such secrets.
discovered, it is not  The act constituting the crime is
necessary that it be revealing the secret of the industry of
revealed employer
 If used for his own benefit, without
Sec. 2756 of the Administrative Code punishes the revealing it to others, he is not liable
unlawful opening of mail matter under this article
 The revelation of the secret might be
Any person, who is not an officer or made after the employee or workman
employee of the Bureau of Posts, who shall had ceased to be connected with the
unlawfully open any mail matter which has been in any establishment
post office or in the charge of any person employed in  What is important is that he was an
the Bureau of Posts, or shall unlawfully take any mail employee or workman of the
matter before it is given into the actual possession of manufacturing or industrial
the addressee, shall be punished by a fine of not more establishment when he learned the
than Pl,000.00 or by imprisonment for not more secrets
than one year, or both. 4) That prejudice is caused to the owner.

Article 291 Discovering Revealing Revelation of

Revealing secrets with abuse of office. - The penalty of secrets through secrets with industrial
arresto mayor and a fine not exceeding One hundred seizure of abuse of secrets
thousand pesos (P100,000) shall be imposed upon correspondence office
any manager, employee, or servant who, in such Art 290 Art 291 Art 292
capacity, shall learn the secrets of his principal or Offender is a Offender is aOffender is a
master and shall reveal such secrets. private individual manager, person in
or even a public employee or charge,
Elements officer not in the servant employee or
1) That the offender is a manager, employee or exercise of his workman of a
servant. official function manufacturing
2) That he learns the secrets of his principal or or industrial
establishment
master in such capacity.
It is not There must be a secret
 Secrets must be learned by reason of necessary that
their employment there must be a
3) That he reveals such secrets. secret
 Damage is not necessary under this No revelation The offender reveals such secret
article Prejudice is not Prejudice is an
an element element
Article 292 Damage is not Damage is
Revelation of industrial secrets. - The penalty of prision necessary necessary
correccional in its minimum and medium periods and
a fine not exceeding One hundred thousand pesos
shall be imposed upon the person in charge,
employee or workman of any manufacturing or
industrial establishment who, to the prejudice of the
owner thereof, shall reveal the secrets of the industry
of the latter.

Elements
1) That the offender is a person in charge,
employee or workman of a manufacturing or
industrial establishment.

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

 where the taking was lawful and the

unlawful misappropriation was
subsequent to such taking, the crime is
ESTAFA or MALVERSATION
TITLE X
 includes unlawful seizing even though
CRIMES AGAINST PROPERTY there is apparent acting in compliance
with the law
CHAPTER ONE ROBBERY IN  Taking must be with the character of
GENERAL permanency

Article 293 Unlawful taking, when

Who are guilty of robbery. - Any person who, with intent complete
to gain, shall take any personal property belonging With violence against or From the moment the
to another, by means of violence or intimidation of intimidation of persons offender gains
any person, or using force upon anything shall be possession of the
guilty of robbery. thing, even if the culprit
has had no opportunity
Definition to dispose of the same
Robbery is the taking of personal property, With force upon things After the accused had
belonging to another, with intent to gain, by means taken material
of violence against, or intimidation of any person, or possession of the thing
using force upon anything. with intent to
appropriate the same,
Classification of robbery although his act of
a) Robbery with violence against, or making use of the thing
was frustrated
intimidation of persons. (Arts. 294, 297
and 298)
3) That the taking must be with intent to gain;
b) Robbery by the use of force upon
and
things. (Arts. 299 and 302)
 Intent to gain (animus lucrandi) is
presumed from the unlawful taking of
Types of robbery
personal property.
 Upon persons
 Absence of intent to gain if there is
1) Robbery with violence against or intimidation
violence used – GRAVE
of persons – Art 294
COERCION (Art 286)
 Upon things
4) That there is violence against or
2) Robbery in an inhabited house or public
intimidation of any person, or force upon
building or edifice devoted to worship – Art
anything.
299
 Violence/intimidation – against
3) Robbery in an uninhabited place or in a private
persons
building – Art 302
 Force – upon things
Elements of robbery in general
1) That there be personal property belonging Force upon things Violence/intimidation
against persons
to another;
The taking is robbery Whenever violence
 If the robber turns out to be the owner only if the force is used against or intimidation
of the thing, there is an impossible either to enter the of any person is used,
crime punished by arresto mayor building or to break the taking of personal
 If real property – USURPATION doors, wardrobes, property belonging to
(Art 312) chests, or any other kind another is always
 A co-owner or a partner cannot of locked or sealed robbery.
commit robbery or theft with regard to furniture or receptacle
the co-ownership or partnership inside the building or to
property force them open outside
 The person from whom the personal after taking the same
property is taken need not be the from the building.
Value of the personal Value of the personal
owner. What is important is the actual
property taken is property taken is
or physical possession material immaterial
 The name of the real owner is only Robbery in an The penalty depends
essential in robbery with homicide inhabited house or (a) on the result of the
2) That there is unlawful taking (asportation) public building or violence used, as when
of that property; homicide, rape,

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

edifice devoted to intentional mutilation or  law applicable when proper taken in robbery is
worship – Art 299 any of the serious a motor vehicle
The penalty is based physical injuries  Carnapping- is the taking, with intent to gain,
(a)on the value of the resulted, or when less of a motor vehicle belonging to another
property taken and serious or slight physical without the latter's consent, or by means of
(b)on whether or not injuries were inflicted, violence against or intimidation of persons, or
the offenders carry which are only evidence
by using force upon things.
arms; of simple violence, and
(b)on the existence of  Motor vehicle - refers to any vehicle propelled
Robbery in an intimidation only. by any power other than muscular power using
uninhabited place or the public highways, except road rollers,
in a private building – trolley cars, street sweepers, sprinklers, lawn
Art 302 mowers, bulldozers, graders, forklifts,
The penalty is based amphibian trucks, and cranes if not used on
on the value of the public highways; vehicles which run only on
property taken only rails or tracks; and tractors, trailers and traction
engines of all kinds used exclusively for
 In force upon things, there must be agricultural purposes. Trailers having any
entrance into the building and this number of wheels, when propelled or intended
must be effected by any of the means to be propelled by attachment to a motor
described in Articles 299 and 302. vehicle, shall be classified as a separate motor
vehicle with no power rating (Sec 2(e))
Other circumstances  Penalties – Any person who is found guilty of
Circumstances Effect/applicable carnapping shall, regardless of the value of
provisions the motor vehicle taken, be punished by
Robbery of real propertyUSURPATION (Art
1) imprisonment for not less than
312)
Where the taking was ESTAFA
twenty (20) years and one (1)
or
lawful and the unlawful MALVERSATION day but not more than thirty
misappropriation was (30) years, when the
subsequent to such taking carnapping is committed
Absence of intent to gain if GRAVE COERCION without violence against or
there is violence used (Art 286) intimidation of persons, or
force upon things; and
Violence or intimidation is THEFT (Art 308) and 2) by imprisonment for not less
present only after the PHYSICAL
taking of the personal than thirty (30) years and one
INJURIES (Art 265,
property 266)/GRAVE (1) day but not more than forty
THREATS (Art 282) (40) years, when the
When the violence results The taking of personal carnapping is committed by
in: (1) homicide, (2) rape, property is ROBBERY means of violence against or
(3) intentional COMPLEXED WITH intimidation of persons, or
mutilation, or (4) any of ANY OF THOSE force upon things; and
the serious physical CRIMES (Art 294) 3) the penalty of life
injuries penalized in
paragraphs 1 and 2 of Art. imprisonment shall be imposed
263, even if the taking was when the owner, driver, or
already complete when the occupant of the carnapped
violence was used by the motor vehicle is killed or
offender. raped in the commission of the
When the elements of The penalty is that carnapping. (Sec 3)
both robbery with imposed for
violence against or  Non-bailable offense - Any person
ROBBERY WITH
intimidation of person and charged with carnapping or when the
VIOLENCE OR
robbery with use of force INTIMIDATION (Art crime of carnapping is committed by
upon things are present criminal groups, gangs or syndicates or
294) IN ITS
MAXIMUM (Art 48) by means of violence or intimidation of
Purpose of taking the ARSON (Art 321) any person or persons or forced upon
vehicle is to destroy by things; or when the owner, driver,
burning it passenger or occupant of the
Only the parts of the Liable under RA 10883 carnapped vehicle is killed or raped in
whole car are taken away
to another place
the course of the carnapping shall be
denied bail when the evidence of
Republic Act No. 10883 guilt is strong. (Sec 3)
The New Anti-Carnapping Act of 2016  Special complex crime of
carnapping with homicide

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

o There must be proof not only is said to have been committed by reason or on
of the essential requisites of occasion of robbery if it is committed
carnapping but also of original 1) to facilitate the robbery or
criminal design and the killing escape of the culprit
was perpetrated in the course 2) to preserve/defend the
of commission or on the possession by the culprit of the
occasion thereof loot
o Not covered by Art 48 3) to prevent discovery of the
o No distinction must be made commission of the robbery
between homicide and murder 4) to eliminate witnesses to the
commission/suppress
Article 294 evidence of the crime
Robbery with violence against or intimidation of persons —
Penalties. — Any person guilty of robbery with the  The following circumstances are immaterial:
use of violence against or intimidation of any person 1) death would supervene by
shall suffer: mere accident
1)The penalty of reclusion perpetua to death, 2) victim of the homicide is other
when by reason or on occasion of the than the victim of the robbery
robbery, the crime of homicide shall have – such as when the person
been committed; or when the robbery shall
killed is another robber
have been accompanied by rape or
3) two or more persons are killed,
intentional mutilation or arson;
2)The penalty of reclusion temporal in its including the attempted
medium period to reclusion perpetua, when by homicides and murder
reason or on occasion of such robbery, any committed
of the physical injuries penalized in 4) death happened prior or
subdivision 1 of Article 263 shall have been subsequent to the robbery
inflicted;  Homicide is to be understood in its generic
3)The penalty of reclusion temporal,* when by sense as to include parricide, infanticide,
reason or on occasion of the robbery, any of murder, serious physical injuries
the physical injuries penalized in subdivision
2 of the article mentioned in the next Other circumstances
preceding paragraph, shall have been Circumstances Effect/applicable
inflicted; provisions
4)The penalty of prision mayor in its maximum The killing is not in direct Separate crime of
period to reclusion temporal in its medium relation to the robbery ROBBERY (Art 294) and
period, if the violence or intimidation counts of MURDER (Art
employed in the commission of the robbery 248) or HOMICIDE (Art
shall have been carried to a degree clearly 249)
unnecessary for the commission of the Robbery committed by a ROBBERY WITH
crime, or when in the course of its execution, band HOMICIDE (Art 294)
the offender shall have inflicted upon any with the band as generic
person not responsible for its commission aggravating circumstance
(Art 14)
any of the physical injuries covered by
Fact of death is not proved SIMPLE ROBBERY
subdivisions 3 and 4 of said Article 263; (Art 294, par 5)
5)The penalty of prision correccional in its Accomplices/accessories Liable as
maximum period to prision mayor in its who have known the accomplice/accessory only
medium period in other cases. (As amended robbery but not of the on the ROBBERY and
by Republic Act No. 7659) homicide not on the HOMICIDE
When there is robbery with HOMICIDE (Art 249)
Acts punished as special complex crime of robbery homicide but the robbery
with violence against or intimidation of persons was not proved
1) When by reason or on occasion of the robbery, Principals who did not All who took part in the
took part in the killing but robbery are all principals
the crime of homicide is committed; - reclusion took part in the robbery in ROBBERY WITH
perpetua to death HOMICIDE (Art 294) as
 by reason or on occasion – It matters not that a single and indivisible
the victim was killed prior to the taking of the felony
personal property. What is essential in robbery
with homicide is that there be a direct relation 2) When the robbery is accompanied by rape or
and intimate connection between the robbery intentional mutilation or arson; - reclusion
and killing, whether both crimes be committed perpetua to death
at the same time. The specific intent must be  There must be intent to take the personal
robbery and the killing is incidental. Homicide property and such intent must precede the rape

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

 Even if the rape was committed in another person not involved in the crime of Robbery,
place, it is still robbery with rape such as a stranger
 There is no such crime as robbery with  The serious physical injuries defined in
attempted rape subdivisions 3 and 4 of Art. 263, inflicted in
connection with the robbery, must be inflicted
Other circumstances "in the course of its execution
Circumstances Effect/applicable
provisions Other circumstances
The original plan was to ROBBERY (Art 294, 299, Circumstances Effect/applicable
rape but the accused after 302) and RAPE (Art 266- provisions
committing the rape also A) will be separate and In the course of the ROBBERY (Art 294, par
committed robbery distinct crimes execution of the crime of 5, 299, 302) and
When the taking of ATTEMPTED RAPE robbery, one of the SERIOUS PHYSICAL
personal property of a and THEFT (Art 308) offenders inflicted upon INJURIES (Art 263, par
woman is an independent another robber 3)
act following defendant's The physical injuries under The serious physical
failure to consummate the Art 263 par 3 and 4 were injuries mentioned should
rape inflicted after the taking of be considered as separate
If rape was the primary RAPE (Art 266-A) and the personal property had offense
objective of the accused, UNJUST VEXATION been complete (not in the
and his taking was not with (Art 287, par 2) execution of robbery)
intent to gain but just to
have some tokens of her
supposed consent to the 7) If the violence employed by the offender does not
coition cause any of the serious physical injuries defined in
When rape and homicide ROBBERY WITH Art. 263, or if the offender employs intimidation
co-exist in the commission HOMICIDE (Art 294, only - prision correccional in its maximum period
of robbery par 1) AND RAPE being to prision mayor in its medium period
an aggravating  Simple robbery or robbery with intimidation
circumstance
 Includes less serious physical injuries and slight
3) When by reason or on occasion of such robbery, any physical injuries
of the physical injuries resulting in insanity,  Violence or intimidation need not be present
imbecility, impotency or blindness is inflicted; - before or at the exact moment when the object
reclusion temporal in its medium period to is taken
reclusion perpetua
4) When by reason or on occasion of robbery, any of RECAP:
the physical injuries resulting in the loss of the use Art 294, par 1-4 – ROBBERY WITH VIOLENCE
of speech or the power to hear or to smell, or the Art 294, par 5 – ROBBERY WITH
loss of an eye, a hand, a foot, an arm, or a leg or INTIMIDATION
the loss of the use of any such member or incapacity
for the work in which the injured person is theretofore Robbery through Threats to extort
habitually engaged is inflicted; - reclusion temporal intimidation money
Art 294, par 5 Art 282
5) If the violence or intimidation employed in the
There is intimidation
commission of the robbery is carried to a degree clearly
Same purpose to gain. When the threat is made to
unnecessary for the commission of the crime; -
extort money, it is identical with intent to gain
prision mayor in its maximum period to reclusion The intimidation is The intimidation is
temporal in its medium period actual and immediate conditional or future
 The violence need not result in serious physical Intimidation is personal Intimidation may be
injuries made through an
6) When in the course of its execution, the offender intermediary
shall have inflicted upon any person not responsible The intimidation is The intimidation may
for the commission of the robbery any of the directed only to the refer to the person,
physical injuries in consequence of which the person person of the victim honor, or property of the
injured becomes deformed or loses any other offended party or that of
member of his body or loses the use thereof or his family
becomes ill or incapacitated for the performance The gain of the culprit is The gain of the culprit is
of the work in which he is habitually engaged for immediate not immediate
more than 90 days or the person injured becomes ill
or incapacitated for labor for more than 30 days - Robbery with violence Grave coercion
prision mayor in its maximum period to reclusion Art 294, par 1-4 Art 286
There is violence
temporal in its medium period,
There is intent to gain There is no intent to gain
 Perhaps what is meant under this paragraph is
that serious physical injuries are inflicted to a
Robbery Bribery

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Art 294
The transaction is
neither mutual nor
voluntary
Victim is deprived of his
money or property by
force or intimidation
Other circumstances
Circumstances
The owner of the used
dynamite in catching the
fish and he gave the fish to
the agent to avoid
prosecution under the
Fisheries Act
Art 210, 211, 211-A
The transaction is
mutual and voluntary
Other circumstances
Victim parts with his
money or property in a
sense voluntarily
Effect/applicable
provisions
BRIBERY
with serious physical injuries under par. 1 of
Art. 263.
Circumstances Effect/applicable
provisions
Committed by a band and "by a band" is qualifying
in an uninhabited place and "uninhabited place"
would be generic
aggravating
circumstance only
Robbery with homicide They would not be
was committed by punishable under Art. 295,
attacking a motor vehicle but then, cuadrilla would
or moving train, or on the be generic aggravating
street, road, highway or circumstance under Art.
alley with the use of 14 of the Code.
firearms

Article 295
Robbery with physical injuries, committed in an uninhabited
Article 296
Definition of a band and penalty incurred by the members
place and by a band, or with the use of firearm on a street,
thereof. - When more than three (3) armed
road or alley. - If the offenses mentioned in
malefactors take part in the commission of a
subdivisions three, four, and five of the next
robbery, it shall be deemed to have been committed
preceding article shall have been committed in an
by a band. When any of the arms used in the
uninhabited place or by a band, or by attacking a
commission of the offense be an unlicensed firearm,
moving train, street car, motor vehicle or airship, or
the penalty to be imposed upon all the malefactors
by entering the passenger's compartments in a train
shall be the maximum of the corresponding penalty
or, in any manner, taking the passengers thereof by
provided by law, without prejudice of the criminal
surprise in the respective conveyances, or on a street,
liability for illegal possession of such unlicensed
road, highway, or alley, and the intimidation is made
firearms.
with the use of a firearm, the offender shall be
punished by the maximum period of the proper
Any member of a band who is present at the
penalties.
commission of a robbery by the band, shall be
punished as principal of any of the assaults
Qualified robbery with violence or intimidation committed by the band, unless it be shown that he
against persons attempted to prevent the same.
If any of the offenses defined in subdivisions 3, 4 and
5 of Art. 294 is committed Outline of the provisions
1) in an uninhabited place, or 1) When at least four (4) armed
2) by a band, or malefactors take part in the
3) by attacking a moving train (not commission of a robbery, it is
qualified if the train is not moving), deemed committed by a
street car, motor vehicle, or airship, or band.
4) by entering the passengers'  When the robbery was
compartments in a train, or in any not committed by a
manner taking the passengers thereof band, the robber who
by surprise in the respective did not take part in the
conveyances, or assault by another is
5) on a street, road, highway, or alley, and not liable for that
the intimidation is made with the use assault
of firearms,  Proof of conspiracy is
EFFECT: In these cases, the offender shall be not necessary when
punished by the maximum periods of the proper four or more armed
penalties prescribed in Art. 294. persons committed
robbery.
 Any of these five qualifying circumstances of  The members of the
robbery with physical injuries or intimidation band liable for the
must be alleged in the information and proved assault must be present
during the trial at the commission of
 Being qualifying, it cannot be offset by a the robbery, not
generic mitigating circumstance. necessarily at the
 Art. 295 does not apply to robbery with commission of the
homicide, or robbery with rape, or robbery assault

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
2) When any of the arms used in
the commission of robbery is
not licensed, the penalty upon
all the malefactors shall be the
maximum of the
corresponding penalty
provided by law, without
prejudice to the criminal
liability for illegal possession of
such firearms. (maximum of
the maximum period of the
proper penalty)
 Clubs are arms
 Arms are not
necessarily guns and
explosives
3) Any member of a band who
was present at the commission
of a robbery by the band, shall
be punished as principal of
any of the assaults committed
by the band,
XPN: it be shown that he
attempted to prevent the same.
Requisites for liability for the acts of the
other members of the band
A member of the band is liable for any of the
assaults committed by the other members
thereof, when the following requisites concur:
1) That he was a member of the
band.
2) That he was present at the
commission of a robbery by
that band.
3) That the other members of
the band committed an
assault.
4) That he did not attempt to
prevent the assault.
Other circumstances
Circumstances Effect/applicable
provisions
Conspiracy All the conspirators, even
if less than four armed
men, are liable for the
special complex crime
in Art 294
A principal by Not liable for robbery
inducement, who did not with homicide, but only
go with the band at the for ROBBERY IN A
place of the commission BAND
of the robbery, there is
nothing in the record to *Art. 296 is not applicable
show that he planned or to principal by induction,
conspired to commit the who was not present at the
murder commission of the
robbery, if the agreement
was only to commit
robbery.
The robbery with ROBBERY WITH
homicide is committed by HOMICIDE, with the
a band band appreciated as an
ordinary aggravating
circumstance
Where in the course of the He alone is guilty of
robbery by a band, the ROBBERY WITH
offended woman was RAPE. His companions
taken by one of the would be guilty only of
accused to a place away SIMPLE ROBBERY
from the house where the BY A BAND
robbery was committed,
and there he raped her
without the knowledge of
his companions
A, B, C and D agreed to All are liable for the crime
commit robbery. By their of ATTEMPTED
agreement, A and B went ROBBERY WITH
to the hut to watch the HOMICIDE BY A
inmates, while C and D BAND.
were to take away the
carabaos. While C and D * Art. 296 is applicable to
were untying the carabaos, attempted robbery with
they heard the scream: homicide by a band.
"Oh! save my life!" which
was interrupted by a pistol
shot by A. Fearing that the
shot might summon help,
the accused escaped
without taking the
carabaos, although one of
them had already been
untied.
REPUBLIC ACT NO. 10591
AN ACT PROVIDING FOR A
COMPREHENSIVE LAW ON FIREARMS
AND AMMUNITION AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
SEC. 29. Use of Loose Firearm in the Commission of a Crime.
– The use of a loose firearm, when inherent in the
commission of a crime punishable under the Revised
Penal Code or other special laws, shall be considered
as an aggravating circumstance: Provided, That if
the crime committed with the use of a loose firearm is
penalized by the law with a maximum penalty which
is lower than that prescribed in the preceding section
for illegal possession of firearm, the penalty for illegal
possession of firearm shall be imposed in lieu of
the penalty for the crime charged: Provided, further,
That if the crime committed with the use of a loose
firearm is penalized by the law with a maximum
penalty which is equal to that imposed under the
preceding section for illegal possession of firearms, the
penalty of prision mayor in its minimum period shall be
imposed in addition to the penalty for the crime
punishable under the Revised Penal Code or other
special laws of which he/she is found guilty.
If the violation of this Act is in furtherance of, or
incident to, or in connection with the crime of
rebellion of insurrection, or attempted coup d’
etat, such violation shall be absorbed as an element of
the crime of rebellion or insurrection, or attempted
coup d’ etat.
If the crime is committed by the person without
using the loose firearm, the violation of this Act shall
be considered as a distinct and separate offense.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

 The penalty is the same, whether the robbery is

SUMMARY: attempted or frustrated
Penalties  The term "homicide" is used in a generic sense
GR: The maximum penalty shall be imposed when the  If there is a higher penalty under the provisions
use of a loose firearm is inherent in the commission of the Code, then that penalty shall be imposed
of a crime punishable under the Revised Penal Code  Attempted or frustrated robbery with homicide
or other special laws. is a special complex crime, not governed by
XPNs: (PENALTY SHOULD BE WHICHEVER Art. 48, but by the special of Art 297.
IS HIGHER BETWEEN RPC/SPECIAL LAW
PENALTY AND PENALTY UNDER ILLEGAL Other circumstances
POSSESSION OF FIREARMS) Circumstances Effect/applicable
1) maximum penalty is lower than that prescribed provisions
in the preceding section for illegal possession In an attempted or The proper penalty for
of firearm - penalty for illegal possession of frustrated robbery, the MURDER (Art 248) or
killing of the victim is PARRICIDE (Art 246)
firearm shall be imposed qualified by treachery or shall be imposed because
2) maximum penalty which is equal to that relationship it is more severe.
imposed under the preceding section for illegal When there is no overt act Article 297 is not
possession of firearms - penalty of prision of robbery, but caused applicable. The offenses
mayor in its minimum period shall be physical injuries to the committed are the
imposed in addition to the penalty for the victim and one victim is separate crimes of murder,
dead frustrated murder and
crime punishable under the Revised Penal physical injuries.
Code or other special laws of which he/she A, B, C and D agreed to All are liable for the crime
is found guilty commit robbery. By their of ATTEMPTED
agreement, A and B went ROBBERY WITH
Other circumstances to the hut to watch the HOMICIDE BY A
1) If the violation of this Act is in furtherance inmates, while C and D BAND.
were to take away the
of, or incident to, or in connection with the carabaos. While C and D * Art. 296 is applicable to
crime of rebellion of insurrection, or were untying the carabaos, attempted robbery with
attempted coup d’ etat - such violation shall they heard the scream: homicide by a band.
be absorbed as an element of the crime of "Oh! save my life!" which
rebellion or insurrection, or attempted coup d’ was interrupted by a pistol
shot by A. Fearing that the
etat.
shot might summon help,
2) If the crime is committed by the person the accused escaped
without using the loose firearm - the violation without taking the
of this Act shall be considered as a distinct carabaos, although one of
and separate offense. them had already been
untied.
When the offense Art. 48 is applicable,
Art. 295 makes no distinction as regards the committed is attempted or since the felony would fall
firearm used in making the intimidation to frustrated robbery with neither under Art. 294
commit robbery. Hence, the firearm may be serious physical injuries which covers
licensed or unlicensed. But the offense consummated robbery
committed should not be robbery with with homicide nor under
homicide, robbery with rape, robbery with Art. 297 which covers
intentional mutilation, or robbery with serious attempted or frustrated
physical injuries where the injured person robbery with homicide
became insane, imbecile, impotent, or blind. Slight physical injuries ATTEMPTED
The robbery must be that defined and penalized were inflicted on other ROBBERY WITH
in any of paragraphs 3, 4 and 5 of Art. 294, and persons on the occasion or HOMICIDE AND
by reason of the robbery, SLIGHT PHYSICAL
committed on a street, road, highway or alley.
one victim died INJURIES (Art 297)

Article 297 Article 298

Attempted and frustrated robbery committed under certain
circumstances. — When by reason or on occasion of
an attempted or frustrated robbery a homicide is
committed, the person guilty of such offenses shall
be punished by reclusion temporal in its maximum
period to reclusion perpetua, unless the homicide
committed shall deserve a higher penalty under the
provisions of this Code.
Elements
Attempted and frustrated robbery with homicide
Execution of deeds by means of violence or intimidation. -
Any person who, with intent to defraud another, by
means of violence or intimidation, shall compel him
to sign, execute or deliver any public instrument or
documents, shall be held guilty of robbery and
punished by the penalties respectively prescribed in
this Chapter.
1) That the offender has intent to defraud
another.

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

2) That the offender compels him to sign,
execute, or deliver any public instrument or
document.
 This article applies even if the
document signed, executed or
delivered is a private or commercial
document.
 Art. 298 is not applicable if the
document is void.
3) That the compulsion is by means of violence
or intimidation.
1) Robbery in an inhabited house or public
building or edifice devoted to religious
worship. (Art. 299)
2) Robbery in an uninhabited place or in a
private building. (Art. 302)
 One essential requisite of robbery with force
upon things under Articles 299 and 302 is that
the malefactor should enter the building or
dependency where the object to be taken is
found.

Other circumstances Article 299

Circumstances Effect/applicable provisions Robbery in an inhabited house or public building or edifice
The violence used ROBBERY WITH HOMICIDE devoted to worship. - Any armed person who shall
resulted in the (Art 294, par 1) commit robbery in an inhabited house or public
death of the building or edifice devoted to religious worship, shall
person to be
be punished by reclusion temporal, if the value of the
defrauded
property taken shall exceed Fifty thousand pesos
The execution of ATTEMPTED/FRUSTRATED
deeds by means ROBBERY WITH HOMICIDE (₱50,000) [P50,000.05], and if—
of violence is only (Art 297) a) The malefactors shall enter the house or building
in the attempted in which the robbery was committed, by any of the
or frustrated stage following means:
and the violence 1) Through an opening not intended for entrance or
used resulted in egress.
the death of the 2) By breaking any wall, roof, or floor or breaking
person to be any door or window.
defrauded 3) By using false keys, picklocks or similar tools.
4) By using any fictitious name or pretending the
Execution of deeds by Grave coercion exercise of public authority.
means of violence or Or if—
intimidation
Art 298 Art 286 b) The robbery be committed under any of the
There is violence or intimidation following circumstances:
There is intent to There is no intent to 1) By the breaking of doors, wardrobes, chests, or
defraud defraud any other kind of locked or sealed furniture or
There is no obligation to There is an obligation to receptacle.
sign sign and violence is used 2) By taking such furniture or objects away to be
in compelling the broken or forced upon outside the place of the
offended party to sign or robbery.
deliver the document
There is intent to gain There is no intent to gain When the offenders do not carry arms, and the value
of the property taken exceeds Fifty thousand pesos
Section Two. - Robbery by the use of force upon (₱50,000), the penalty next lower in degree [Prision
things Mayor] shall be imposed.
Robbery by the use of force upon things is committed
only when either: The same rule [Prision Mayor] shall be applied when
1) the offender entered a house or building by any the offenders are armed, but the value of the
of the means specified in Art. 299 or Art. 302, property taken does not exceed Fifty thousand pesos
or – WITH ENTRANCE (Art 299 (a)) (Art (₱50,000).
302, par 1-3)
When said offenders do not carry arms and the value
2) even if there was no entrance by any of those of the property taken does not exceed Fifty
means, he broke a wardrobe, chest, or any thousand pesos (₱50,000), they shall suffer the
other kind of locked or closed or sealed penalty prescribed in the two (2) next preceding
furniture or receptacle in the house or building, paragraphs, in its minimum period. [Prision Mayor in
or he took it away to be broken or forced open its minimum period]
outside. – WITH OR WITHOUT
ENTRANCE (Art 299 (b)) (Art 302, par 4- If the robbery be committed in one of the
5) dependencies of an inhabited house, public building,
or building dedicated to religious worship, the
What are the two (2) kinds of robbery with force penalties next lower in degree than those prescribed
upon things? in this article shall be imposed.
They are:

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

ROBBERY WITH FORCE UPON THINGS o False keys - are

UNDER SUBDIVISION (A). genuine keys stolen
Elements from the owner or any
1) That the offender entered (a) an inhabited keys other than those
place, or (b) public building, or (c) edifice intended by the owner
devoted to religious worship. (or other for use in the lock
dependencies) forcibly opened by the
 unlawful entry may be established by offender.
circumstantial evidence o Picklocks or similar
 The place entered must be a house or building, tools - are those
not an automobile specially adopted to the
 Inhabited house - is any shelter, ship or commission of the
vessel constituting the dwelling of one or crime of robbery
more persons even though the inhabitants o The false key or
thereof are temporarily absent therefrom when picklock must be used
the robbery is committed – THE to enter the building,
DETERMINING FACTOR IS THE USE, not for some other
AND IT MUST BE FOR DWELLING purpose.
PURPOSES d) By using any fictitious name
 Dependencies - all interior courts, corrals, or pretending the exercise of
waterhouses, granaries, barns, coach-houses, public authority.
stables or other departments or inclosed places o Constructive force
contiguous to the building or edifice, having an o Using the fictitious
interior entrance connected therewith, and names or pretending
which form part of the whole the exercise of public
 Public building - is every building owned by authority must be the
the Government or belonging to a private efficient cause of the
person but used or rented by the Government, opening by the
although temporarily unoccupied by the same. offended part of the
– THE DETERMINING FACTOR IS door of his house to
WHETHER THE TITLE IS IN THE the accused
NAME OF THE STATE 3) That once inside the building, the offender
2) That the entrance was effected by any of the took personal property belonging to another
following means: with intent to gain.
a) Through an opening not
intended for entrance or Other circumstances
egress; Circumstances Effect/applicable
o The whole body of provisions
The offender merely THEFT (Art 308, 309,
culprit must be inside inserted his hand through 310)
the building to an opening in the wall or
constitute entering used a pole through the
b) By breaking any wall, roof, or window
floor or breaking any door or Where the manner of THEFT (Art 308, 309,
window; entrance into the house 310)
was not proven
o The force used in this
The culprit had entered THEFT (Art 308, 309,
means must be actual, the house through an 310)
as distinguished from open door
that in the other means The genuine key is taken ROBBERY WITH
which is only by force or intimidation INTIMIDATION OF
constructive force. from the owner PERSON (Art 294, par
5)
o The wall must be an
outside wall, XPN:
ROBBERY WITH FORCE UPON THINGS
room is occupied by a
UNDER SUBDIVISION (B) OF ART. 299.
person as his separate
Elements
dwelling, the breaking
1) That the offender is inside a dwelling house,
of its inside wall may
public building, or edifice devoted to
give rise to robbery.
religious worship, regardless of the
c) By using false keys, picklocks
circumstances under which he entered it;
or similar tools; or
o Constructive force

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

2) That the offender takes personal property Article 300

belonging to another, with intent to gain, Robbery in an uninhabited place and by a band. - The
under any of the following circumstances: robbery mentioned in the next preceding article, if
a) by the breaking of doors, wardrobes, committed in an uninhabited place and by a band,
chests, or any other kind of locked or shall be punished by the maximum period of the
sealed furniture or receptacle; or penalty provided therefor.
o Breaking the keyhole of the door of
a wardrobe, which is locked, is Qualified robbery in an inhabited house or public
breaking a locked furniture building or edifice devoted to worship
b) by taking such furniture or objects away  The two qualifications (uninhabited place and
to be broken or forced open outside the by a band) must concur
place of the robbery.  Must be alleged in the information to qualify
o When sealed box or receptacle is the offense
taken out of the house or building  The “uninhabited place” in this provision
for the purpose of breaking it means that the house, even if inhabited, must
outside, it is not necessary that it is be located in a place which is uninhabited
actually opened
Qualified robbery in Qualified robbery with
Other circumstances an inhabited house or violence or
Circumstances Effect/applicable public building or intimidation
provisions edifice devoted to
The locked or sealed THEFT (Art 308, 309, worship
receptacle is not forced 310) or ESTAFA (Art Art 300 Art 295
open in the building where 315) Must be committed in Must be committed in
it is kept or taken an uninhabited place an uninhabited place or
therefrom to be broken and a band a band
outside
A locked receptacle is THEFT (Art 308, 309,
found on the side of the 310) Article 301
street and it is forcibly What is an inhabited house, public building or building
opened and the contents dedicated to religious worship and their dependencies. -
thereof are taken Inhabited house means any shelter, ship or vessel
Arm carried is used to ROBBERY WITH constituting the dwelling of one or more persons,
intimidate INTIMIDATION (Art even though the inhabitants thereof shall
294, par 3) temporarily be absent therefrom when the robbery
is committed.
PENALTIES
By ARMED person and RECLUSION All interior courts, corrals, waterhouses, granaries,
the value of property TEMPORAL barns, coach-houses, stables or other departments or
taken EXCEEDS Fifty inclosed places contiguous to the building or edifice,
thousand pesos having an interior entrance connected therewith, and
(₱50,000) which form part of the whole, shall be deemed
By UNARMED person PRISION MAYOR dependencies of an inhabited house, public building
and the value of or building dedicated to religious worship.
property taken
EXCEEDS Fifty Orchards and other lands used for cultivation or
thousand pesos production are not included in the terms of the next
(₱50,000) preceding paragraph, even if closed, contiguous to
By ARMED person but PRISION MAYOR the building and having direct connection therewith.
the value of property The term "public building" includes every building
taken DOES NOT owned by the Government or belonging to a private
exceed Fifty thousand person but used or rented by the Government,
pesos (₱50,000) although temporarily unoccupied by the same.
By UNARMED person PRISION MAYOR
and the value of MINIMUM Definition of terms in relation to robbery
property taken DOES  The place is still inhabited house even if the
NOT exceed Fifty occupant was absent (“inhabited” refers to
thousand pesos the USE)
(₱50,000)  Requisites of dependencies
In a DEPENDENCY NEXT LOWER in degree 1) Must be contiguous (sharing the same borders) to
of inhabited house, than those SPECIFIED the building;
public building, or ABOVE 2) Must have an interior entrance connected
edifice devoted to
therewith;
religious worship
3) Must form part of the whole.

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

 Orchards and other lands used for b) A wall, roof, floor, or outside door or
cultivation or production are not window was broken;
included in the term "dependencies." c) The entrance was effected through the use of
false keys, picklocks or other similar tools;
Article 302 d) A door, wardrobe, chest, or any sealed or
Robbery in an uninhabited place or in a private building. - closed furniture or receptacle was broken;
Any robbery committed in an uninhabited place or or
in a building other than those mentioned in the first e) A closed or sealed receptacle was removed,
paragraph of Article 299, if the value of the property even if the same be broken open elsewhere.
taken exceeds Fifty thousand pesos (₱50,000), shall  this kind of robbery requires at least an
be punished by prisión correccional in its medium and intention to open it by force
maximum periods provided that any of the 3) That with intent to gain, the offender took
following circumstances is present: therefrom personal property belonging to
1) If the entrance has been effected through another.
any opening not intended for entrance or
egress.
2) If any wall, roof, floor or outside door or Robbery in an Robbery in an
window has been broken. uninhabited place or inhabited house or
3) If the entrance has been effected through the in a private building public building or
use of false keys, picklocks or other similar edifice devoted to
tools. worship
4) If any door, wardrobe, chest, or any sealed Art 302 Art 299
or closed furniture or receptacle has been Does not include use of Includes use of fictitious
broken. fictitious name or name or pretending the
5) If any closed or sealed receptacle, as pretending the exercise exercise of public
mentioned in the preceding paragraph, has of public authority authority
been removed, even if the same be broken
open elsewhere. *place is uninhabited
When the value of the property taken does not and no person could be
exceed Fifty thousand pesos (₱50,000), the penalty deceived thereby
next lower in degree shall be imposed. Penalty is based only on Penalty is based on arms
value of the property* and value of the
In the cases specified in Articles 294, 295, 297, 299, taken property taken
300, and 302 of this Code, when the property taken
is mail matter or large cattle, the offender shall suffer * for the reason that
the penalties next higher in degree than those there is no person who
provided in said articles. can be injured or killed
The furniture or The furniture or
Elements receptacle is "sealed or receptacle is "locked or
closed." closed."
1) That the offender entered an uninhabited
place or a building which was not a
Other circumstances
dwelling house, not a public building, or
Circumstances Effect/applicable
not an edifice devoted to religious worship. provisions
 Uninhabited place - is an uninhabited A person, who had THEFT (Art 308, 309,
building which is not an inhabited entered a warehouse, 310)
house or public building or edifice opened without breaking,
devoted to religious worship a closed but not locked
chest and took therefrom
 Building - includes any kind of
personal property
structure used for storage or When the property taken Makes the penalty
safekeeping of personal property, such is mail matter HIGHER BY ONE
as (a) freight car and (b) warehouse. DEGREE
 Unnailing of cloth over door of freight Theft or robbery of large Anti-Cattle Rustling* Law
car is, breaking by force cattle* of 1974 (PD 533)
 Breaking padlock is use of force upon *Large cattle as herein Cattle rustling - is the
things used shall include the cow, taking away by any means,
 Motor vehicle, coconuts and fish are carabao, horse, mule, ass, method or scheme,
not included or other domesticated without the consent of the
2) That any of the following circumstances was member of the bovine owner/raiser, of any of the
family (sheeps are included domesticated member of
present:
in the caprine family) bovine animals whether or
a) The entrance was effected through an not for profit or gain, or
opening not intended for entrance or whether committed with
egress; or without violence against
or intimidation of any

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

person or force upon

things. It includes the The same penalty shall be imposed upon any person
killing of large cattle, or who shall make such tools. If the offender be a
taking its meat or hide locksmith, he shall suffer the penalty of prision
without the consent of the correccional in its medium and maximum periods.
owner/raiser.
Elements of illegal possession of picklocks or
Robbery in a store — when punishable under Art.
similar tools
299 or under Art. 302.
1) That the offender has in his possession
1) If the store is used as a dwelling of one or
picklocks or similar tools.
more persons, the robbery committed therein
 Actual use of picklocks or similar
would be considered as committed in an
tools, not necessary in illegal
inhabited house under Art. 299.
possession thereof
2) If the store was not actually occupied at the
2) That such picklocks or similar tools are
time of the robbery and was not used as a
specially adopted to the commission of
dwelling, since the owner lived in a separate
robbery.
house, the robbery committed therein is
3) That the offender does not have lawful cause
punished under Art. 302
for such possession.
3) If the store is located on the ground floor of
the house belonging to the owner of the store,
Liability of a locksmith
having an interior entrance connected
1) If the person who makes such tools is a
therewith, it is a dependency of an inhabited
locksmith – PENALTY IS HIGHER
house and the robbery committed therein is
2) If he is not a locksmith – PENALTY IS THE
punished under the last paragraph of Art.
SAME AS THAT OF A MERE
299.
POSSESSOR
Article 303
Robbery of cereals, fruits, or firewood in an uninhabited place Article 305
or private building. - In the cases enumerated in Articles False keys. - The term "false keys" shall be deemed to
299 and 302, when the robbery consists in the taking include:
of cereals, fruits, or firewood, the culprit shall suffer 1) The tools mentioned in the next preceding
the penalty next lower in degree than that prescribed article.
in said articles. 2) Genuine keys stolen from the owner.
3) Any keys other than those intended by the
owner for use in the lock forcibly opened by
Other circumstances
the offender.
Circumstances Effect/applicable
provisions
Robbery is committed by ROBBERY WITH Other circumstances
the use of force upon VIOLENCE AGAINST Circumstances Effect/applicable
things, without violence OR INTIMIDATION provisions
against or intimidation of OF PERSONS (Art 294) Possession of genuine NOT PUNISHABLE
any person keys stolen from the
There is no showing that ROBBERY IN AN owner and any keys other
the same was kept by the UNINHABITED than those intended by the
owner as "seedling" or PLACE OR PRIVATE owner for use in the lock
taken for that purpose by BUILDING (Art 302) forcibly opened by the
the robbers offender.
The key was entrusted to THEFT (Art 308, 309,
Coverage the accused and it was 310)
used to open the door.
1) Cereals – Cereals are seedlings which are the Once inside, the accused
immediate product of the soil “seedlings” took personal belongings.
 The palay must be kept by the owner
as "seedling" or taken for that purpose CHAPTER TWO BRIGANDAGE
by the robbers
2) Fruits Brigandage - is a crime committed by more than
3) Firewood three armed persons who form a band of robbers for
the purpose of committing robbery in the highway or
Article 304 kidnapping persons for the purpose of extortion or to
Possession of picklocks or similar tools. - Any person who obtain ransom, or for any other purpose to be attained
shall without lawful cause have in his possession by means of force and violence.
picklocks or similar tools especially adopted to the
commission of the crime of robbery, shall be Number of persons
punished by arresto mayor in its maximum period to
Brigands More than 3 armed
prision correccional in its minimum period.

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Syndicate The number will depend purpose of

on the specific extortion or to
provisions obtain ransom,
Band More than 3 or
Tumultuous in character More than 3 armed 3) for any other
purpose to be
Article 306 attained by
Who are brigands; Penalty. - When more than three (3) means of force
armed persons [at least 4] form a band of robbers and violence
for the purpose of committing robbery in the The mere formation of It is necessary to prove
highway, or kidnapping persons for the purpose of a band for any of the that the band actually
extortion or to obtain ransom or for any other purposes mentioned in committed robbery, as a
purpose to be attained by means of force and the law is sufficient, as mere conspiracy to
violence, they shall be deemed highway robbers or it would not be commit robbery is not
brigands. necessary to show that punishable
the band actually
Persons found guilty of this offense shall be committed robbery in
punished by prision mayor in its medium period to the highway
reclusion temporal in its minimum period if the act or
acts committed by them are not punishable by Article 307
higher penalties, in which case, they shall suffer such Aiding and abetting a band of brigands. - Any person
high penalties. knowingly and in any manner aiding, abetting or
protecting a band of brigands as described in the
If any of the arms carried by any of said persons be next preceding article, or giving them information of
an unlicensed firearms, it shall be presumed that said the movements of the police or other peace officers
persons are highway robbers or brigands, and in case of the Government (or of the forces of the United
of convictions the penalty shall be imposed in the States Army), when the latter are acting in aid of the
maximum period. Government, or acquiring or receiving the property
taken by such brigands shall be punished by prision
Elements of brigandage correccional in its medium period to prision mayor in its
There is brigandage when — minimum period.
1) There be at least four (4) armed persons.
2) They formed a band of robbers. It shall be presumed that the person performing any
of the acts provided in this article has performed
 Band of dissidents does not form a
them knowingly, unless the contrary is proven.
band of robbers
Elements
3) The purpose is any of the following:
1) That there is a band of brigands.
 The existence of any of the purposes 2) That the offender knows the band to be of
mentioned in Art. 306 is sufficient brigands.
 If the act or acts committed by them  Any person who aids or protects
(brigands) are punishable by higher highway robbers or abets the
penalties in which case, they shall commission of highway robbery or
suffer such high penalties brigandage shall be considered as an
a) To commit robbery in the highway; or accomplice.
b) To kidnap persons for the purpose of 3) That the offender does any of the following
extortion or to obtain ransom; or acts:
c) To attain by means of force and violence any
 It shall be presumed that any person
other purpose.
who does any of the acts provided in
this Section has performed them
Presumption of law as to brigandage — all are knowingly, unless the contrary is
presumed highway robbers or brigands, if any of
proven
them carries unlicensed firearm.
a) He in any manner aids, abets or protects
such band of brigands;
Brigandage Robbery in a band
b) He gives them information of the
Art 306 Art 295, 300
Offenders form a band of robbers movements of the police or other peace
The purpose of the The purpose of the officers of the Government; or
offenders is any of the offenders is only to c) He acquires or receives the property
following: commit robbery, not taken by such brigands.
1) to commit necessarily in the
robbery in the highway PD 532
highway, or ANTI-PIRACY AND ANTI-HIGHWAY
2) to kidnap ROBBERY LAW OF 1974
persons for the

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
 PD 532 modifies Art 306 and 307 on
brigandage
Section 2. Definition of Terms. The following terms shall
mean and be understood, as follows:
a. Philippine Waters. It shall refer to all bodies of
water, such as but not limited to, seas, gulfs, bays
around, between and connecting each of the Islands of
the Philippine Archipelago, irrespective of its depth,
breadth, length or dimension, and all other waters
belonging to the Philippines by historic or legal title,
including territorial sea, the sea-bed, the insular shelves,
and other submarine areas over which the Philippines
has sovereignty or jurisdiction.
b. Vessel. Any vessel or watercraft used for transport
of passengers and cargo from one place to another
through Philippine Waters. It shall include all kinds and
types of vessels or boats used in fishing.
c. Philippine Highway. It shall refer to any road,
street, passage, highway and bridges or other parts
thereof, or railway or railroad within the Philippines
used by persons, or vehicles, or locomotives or trains
for the movement or circulation of persons or
transportation of goods, articles, or property or both.
d. Piracy. Any attack upon or seizure of any vessel, or
the taking away of the whole or part thereof or its
cargo, equipment, or the personal belongings of its
complement or passengers, irrespective of the value
thereof, by means of violence against or intimidation
of persons or force upon things, committed by any
person, including a passenger or member of the
complement of said vessel, in Philippine waters, shall
be considered as piracy. The offenders shall be
considered as pirates and punished as hereinafter
provided.
e. Highway Robbery/Brigandage. The seizure of
any person for ransom, extortion or other unlawful
purposes, or the taking away of the property of another
by means of violence against or intimidation of person
or force upon things of other unlawful means,
committed by any person on any Philippine Highway.
Brigandage Robbery in general
Art 306 Art 294, 299, 302
Indiscriminate Purpose is only for a
particular robbery
CHAPTER THREE THEFT
Article 308
Who are liable for theft. - Theft is committed by any
person who, with intent to gain but without violence
against or intimidation of persons nor force upon
things, shall take personal property of another
without the latter's consent.
Theft is likewise committed by:
1) Any person who, having found lost
property, shall fail to deliver the same to the
local authorities or to its owner;
2) Any person who, after having maliciously
damaged the property of another, shall
remove or make use of the fruits or object
of the damage caused by him; and
3) Any person who shall enter an inclosed
estate or a field where trespass is forbidden
or which belongs to another and without the
consent of its owner, shall hunt or fish upon
the same or shall gather cereals, or other
forest or farm products.
The following are liable for theft:
a) Those who, (a) with intent to gain, (b) but
without violence against or intimidation of
persons nor force upon things, (c) take, (d)
personal property, (e) of another, (f) without
the latter's consent.
b) Those who, (a) having found lost property,
(b) fail to deliver the same to the local
authorities or to its owner.
 “Lost” is generic in nature and
embraces loss by stealing or by any act
 Delay in the delivery of lost property
to the local authorities is immaterial
 The law does not require knowledge of
the owner of the lost property
 Finder of hidden treasure who
misappropriated the share pertaining
to the owner of the property is guilty
of theft as regards that share.
 How to prove this kind of theft.
It is necessary to prove:
 The time of the seizure of the thing;
 That it was a lost property belonging
to another; and
 That the accused having had the
opportunity to return or deliver the
lost property to its owner or to the local
authorities, refrained from doing so.
Finder in law Finder in fact
An officer of the law A person who finds
whom a lost item is a lost item. The
surrendered or finder in fact has an
turned over obligation to deliver
the property to the
owner if known,
otherwise, surrender
the property to the
authorities
c) Those who, (a) after having maliciously
damaged the property of another, (b) remove
or make use of the fruits or object of the
damage caused by them.
d) Those who (a) enter an inclosed estate or a field
where (b) trespass is forbidden or which
belongs to another and, without the consent of
its owner, (c) hunt or fish upon the same or
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

gather fruits, cereals or other forest or farm Circumstances Effect/applicable

products.
Elements of theft
1) That there be taking of personal property.
 Theft is consummated when the
culprits were able to take possession
of the thing taken by them.
Asportation (taking away or carrying
away) is not necessary.
 The ability of the offender to freely
dispose of the property stolen is not
a constitutive element of the crime
of theft.
 The deprivation from the owner alone
has already ensued from such acts of
execution – THERE IS NO
FRUSTRATED THEFT
 There is "taking" even if the offender
received the thing from the offended
party, if an act done thereafter results
in an unlawful taking
2) That said property belongs to another.
 The offender must have the intention
of making himself the owner of the
thing taken
 Excludes properties held in common
3) That the taking be done with intent to gain.
 Satisfaction and pleasure derived from
the act of giving to another what had
been stolen is a real gain
 It also means the benefit which in any
other use may be derived or expected
from the act which is performed
 Actual or real gain is not necessary
4) That the taking be done without the consent
of the owner.
 Refers to consent freely given and not
to one which may only be inferred
from mere lack of opposition
 Even if the owner knew the taking, but
he did not consent to it, the accused is
still liable for theft
5) That the taking be accomplished without the
use of violence against or intimidation of
persons or force upon things.
 The violence or intimidation must not
be entirely foreign to the act of taking
Theft Robbery
Art 308, 309, 310 Art 294, 299, 302
The offender does not The offender uses
use violence or violence or
intimidation or does intimidation or enters
not enter a house or a house or building
building through any through any of the
of the means specified means specified in
in Article 299 or Article 299 or Article
Article 302 302
Other circumstances
provisions
The accused received the ESTAFA (Art 315)
thing from another person
in trust or on commission, *under any of those
or for administration, or transactions, the
under a quasi-contract or a juridical possession of
contract of bailment, and the thing is transferred
later misappropriated or to the offender
converted the thing to the
prejudice of another
Taking of a dishonored IMPOSSIBLE CRIME
check (Art 59)
Before the measuring or THEFT (Art 308, 309,
weighing, a part of the 310)
goods covered by the
contract is taken by the
purchaser, without the
consent of the vendor
A person takes personal The presumption of intent
property from another to gain is rebutted and,
believing it to be his own therefore, he is NOT
GUILTY OF THEFT
The violence or THEFT (Art 308, 309,
intimidation after the 310)
taking
When the violence used SPECIAL COMPLEX
resulted in homicide, rape, ROBBERY (Art 294)
intentional mutilation, or
serious physical injuries
defined in paragraphs 1
and 2 of Art. 263.
Force upon things but it is THEFT (Art 308, 309,
not employed to enter a 310)
building
A furniture, chest, or other ROBBERY WITH
locked or sealed receptacle FORCE UPON
is broken in the house or THINGS (Art 299, 302)
building or taken
therefrom and broken
outside
Fishing in the fishpond QUALIFIED THEFT
within the field or estate (Art 310)
Presumption as to possession of stolen property
Rule: When a person has in possession, part of the
recently stolen property, he is presumed to be the thief
of all, in the absence of satisfactory explanation of his
possession
 Applies only to recently stolen effects
 Applies only when all the goods were
lost at the same time, in the same place,
and on the same occasion.
PD No. 534
DEFINING ILLEGAL FISHING AND
PRESCRIBING STIFFER PENALTIES
THEREFOR
Section 1. Definition of Terms.
a) Philippine Waters. include all bodies of
water within Philippine Territory, such as
rivers, streams, creeks, brooks, ponds, swamps,
lagoons, gulfs, bays and seas and other bodies
of water now existing, or which may hereafter
exist in the provinces, cities, municipalities,
municipal districts, and barrios; and the sea or
fresh water around, between and connecting

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
each of the islands of the Philippine
Archipelago, irrespective of its depth, breadth,
length and dimension, and all other waters
belonging to the Philippines by historic or legal
title, including the territorial sea, the seabed,
the insular shelves and other submarine areas
over which the Philippines has sovereignty or
jurisdiction.
b) Fish and Fishery/Aquatic Products. fish
includes all fishes and other aquatic animals
such as crustaceans (crabs, prawns, shrimps
and lobsters), mollusks (clams, mussels,
scallops, oysters, snails and other shellfish).
Fishery/aquatic products include all products
of aquatic resources in any form.
c) Fishing with the use of Explosives. means
the use of dynamite, other explosives, or
chemical compound that contain combustible
elements or ingredients that, upon ignition by
friction, concussion, percussion, or detonation
of all or parts of the compound, kill, stupefy,
disable or render unconscious any fish or
fishery/aquatic product. It shall also refer to
the use of any other substance and/or device
that causes explosion capable of producing the
said harmful effects on fish or fishery/aquatic
products.
d) Fishing with the use of Obnoxious or
Poisonous Substance. means the use of any
substance or chemical, whether in raw or
processed form, harmful or harmless, which
kill, stupefy, disable, or render unconscious fish
or fishery/aquatic products.
e) Electro-fishing. means the use of electricity
generated by dry cell batteries, electric
generators or other source of electric power to
kill, stupefy, disable or render unconscious fish
or fishery/aquatic products. It shall include the
use of rays or beams of whatever nature, form
or source of power.
Section 2. Prohibition. It shall be unlawful for any
person to catch, take or gather or caused to be caught,
taken or gathered fish or fishery/aquatic products in
Philippine waters with the use of explosives,
obnoxious or poisonous substances or by the use of
electricity: Provided, that the Secretary of Natural
Resources may, subject to such safeguards and
conditions he deems necessary, allow for research,
educational or scientific purposes only the use of
explosives, obnoxious or poisonous substances or
electricity to catch, take or gather fish or
fishery/aquatic products in specified areas.
PD NO. 581
PRESCRIBING A HEAVIER MINIMUM
PENALTY FOR HIGHGRADING OR
THEFT OF GOLD FROM A MINING
CLAIM OR MINING CAMP
Section 1. Any person who shall take gold-bearing ores
or rocks from a mining claim or mining camp or shall
remove, collect or gather gold-bearing ores or rocks in
place or shall extract or remove the gold from such
ores or rocks, or shall prepare and treat such ores or
rocks to recover or extract the gold contents thereof,
without the consent of the operator of the mining
claim, shall be guilty of "highgrading" or theft of gold
and shall suffer a penalty of prision correccional in its
minimum period, but if the accused is an employee or
laborer of the operator of the mining claim, the penalty
shall be prision correccional in medium period without
prejudice to the imposition of the higher penalties
provided in Article 309 of the Revised Penal Code if
the value of the goods stolen so warrants. The penalty
next lower in degree than that prescribed hereinabove
shall be imposed if the offense is frustrated, and the
penalty two degrees lower if the offense is attempted.
Section 2. The unauthorized possession by any person
within a mining claim or mining camp of gold-bearing
ores or rocks or of gold extracted or removed from
such ores or rocks, shall be prima facie evidence that
they have been stolen from the operator of a
mining claim.
Section 3. Any person who knowingly buys or
acquires stolen gold-bearing ore or rocks or the gold
extracted or removed therefrom shall be guilty of theft
as an accessory and penalized with arresto mayor in its
maximum period.
PD No. 401
PENALIZING THE UNAUTHORIZED
INSTALLATION OF WATER,
ELECTRICAL OR TELEPHONE
CONNECTIONS, THE USE OF
TAMPERED WATER OR ELECTRICAL
METERS, AND OTHER ACTS
Presidential Decree No. 401, which took effect
on March 1, 1974, punishes with prision correccional in its
minimum period or a fine ranging from P2.000 to
P6.000, or both, the unauthorized installation of water,
electrical or telephone connections, the use of
tampered water or electrical meters to steal water or
electricity, the stealing or pilfering of water and/or
electrical meters, electric and/or telephone wires, and
knowingly possessing stolen or pilfered water and or
electrical meters, and stolen or pilfered electric and/or
telephone wires.
Theft of electricity can be effected even without illegal
or unauthorized installations of any kind by, for
instance, any of the following means
1) Turning back the dials of the electric meter;
2) Fixing the electric meter in such a manner that
it will not register the actual electric
consumption;
3) Under reading of electric consumption; and
4) Tightening screw of rotary blades to slow
down rotation of the same
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
On determining jurisdiction: Theft is not a
continuing offense.
The American rule that larceny is a continuing offense
does not apply to theft because "carrying away,"
which is one of the characteristics of larceny, is not an
essential ingredient of theft.
Article 309
Penalties. - Any person guilty of theft shall be
punished by:
1) The penalty of prisión mayor in its minimum
and medium periods, if the value of the thing
stolen is more than One million two
hundred thousand pesos (₱1,200,000) but
does not exceed Two million two hundred
thousand pesos (₱2,200,000); but if the value
of the thing stolen exceeds the latter amount,
the penalty shall be the maximum period of
the one prescribed in this paragraph, and one
(1) year for each additional One million
pesos (₱1,000,000), but the total of the
penalty which may be imposed shall not
exceed twenty (20) years. In such cases, and
in connection with the accessory penalties
which may be imposed and for the purpose
of the other provisions of this Code, the
penalty shall be termed prisión mayor or
reclusion temporal, as the case may be.
2) The penalty of prisión correccional in its
medium and maximum periods, if the value
of the thing stolen is more than Six hundred
thousand pesos (₱600,000) but does not
exceed One million two hundred thousand
pesos (₱1,200,000).
3) The penalty of prisión correccional in its
minimum and medium periods, if the value
of the property stolen is more than Twenty
thousand pesos (₱20,000) but does not
exceed Six hundred thousand pesos
(₱600,000).
4) Arresto mayor in its medium period to prisión
correccional in its minimum period, if the
value of the property stolen is over Five
thousand pesos (₱5,000) but does not
exceed Twenty thousand pesos (₱20,000).
5) Arresto mayor to its full extent, if such value is
over Five hundred pesos (₱500) but does
not exceed Five thousand pesos (₱5,000).
6) Arresto mayor in its minimum and medium
periods, if such value does not exceed Five
hundred pesos (₱500).
7) Arresto menor or a fine not exceeding Twenty
thousand pesos (₱20,000), if the theft is
committed under the circumstances
enumerated in paragraph 3 of the next
preceding article and the value of the thing
stolen does not exceed Five hundred pesos
(₱500). If such value exceeds said amount,
the provisions of any of the five preceding
subdivisions shall be made applicable.
8) Arresto menor in its minimum period or a fine
of not exceeding Five thousand pesos
(₱5,000), when the value of the thing stolen
is not over Five hundred pesos (₱500), and
the offender shall have acted under the
impulse of hunger, poverty, or the difficulty
of earning a livelihood for the support of
himself or his family.
Basis of penalty in theft
1) the value of the thing stolen, and in some cases
2) the value and also the nature of the property
taken, or
3) the circumstances or causes that impelled
the culprit to commit the crime.
Other circumstances
Circumstances Effect/applicable
provisions
When there is no evidence The courts may either
of value of property stolen apply the minimum
penalty under Article 309
or fix the value of the
property based on the
attendant circumstances of
the case
Article 310
Qualified theft. - The crime of theft shall be punished
by the penalties next higher by two degrees than
those respectively specified in the next preceding
article, if committed by a domestic servant, or with
grave abuse of confidence, or if the property stolen
is motor vehicle, mail matter or large cattle or
consists of coconuts taken from the premises of the
plantation or fish taken from a fishpond or fishery,
or if property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance.
Qualifying circumstances
1) If the theft is committed by a domestic
servant.
 It is not necessary to show that he
committed the crime with grave abuse
of confidence
2) If the theft is committed with grave abuse of
confidence.
 There must be allegation in the
information and proof of a relation,
by reason of dependence, guardianship
or vigilance, between the accused and
the offended party, that has created a
high degree of confidence between
them, which the accused abused
 Theft by housemate is not always
qualified, because while this fact
constitutes a certain abuse of
confidence, since living together under
the same roof engenders some
confidence, it is not necessarily grave
 The confidence being abused must be
that existing between the offender and
the offended party
PD No. 133
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

PRESCRIBING A HEAVY PENALTY FOR 4) The taking is done by any means, method or
THE THEFT OF ANY MATERIAL, SPARE scheme
PART, PRODUCT OR ARTICLE BY 5) The taking is accomplished with or without
EMPLOYEES AND LABORERS intent to gain
Any employee or laborer who shall steal any material, 6) The taking is accomplished with or without
spare part, product or article that he is working on, violence or intimidation against person or force
using or producing shall, upon conviction, be upon things
punished with imprisonment ranging from prision
correccional to prision mayor. Penalty
 Should be irrespective of the value of
3) If the property stolen is a (a) motor vehicle, the large cattle involved
(b) mail matter, or (c) large cattle.  Without violent against or
 The fact that the subject is mail matter, intimidation of persons or force
it makes the theft qualified regardless upon things – Prision mayor in its
of whether the offender is a postal maximum period to reclusion temporal in
employee or a private individual. its medium period
 For large cattle, the animal must be  With violent against or intimidation
taken alive of persons or force upon things –
Reclusion temporal in its maximum period
PD No. 533 to reclusion perpetua
THE ANTI-CATTLE RUSTLING LAW OF
1974
 Amended RPC with recpect to offense of 4) If the property stolen consists of coconuts
theft of large cattle taken from the premises of a plantation.
Section 2. Definition of terms. The following terms shall  Whether still in the tree or deposited in the
mean and be understood to be as herein defined: ground
a) Large cattle as herein used shall include the 5) If the property stolen is fish taken from a
cow, carabao, horse, mule, ass, or other fishpond or fishery.
domesticated member of the bovine family.
 The term "fish" includes not only the fishes
 Sheeps belong to the caprine family proper but also many other aquatic animals
b) Owner/raiser shall include the herdsman, like crabs, prawns, shrimps, lobsters, clams,
caretaker, employee or tenant of any firm or mussels, scallops, snails, oysters, and other
entity engaged in the raising of large cattle or mollusks or shell fish.
other persons in lawful possession of such 6) If property is taken on the occasion of fire,
large cattle. earthquake, typhoon, volcanic eruption, or
c) Cattle rustling is the taking away by any any other calamity, vehicular accident or
means, method or scheme, without the civil disturbance.
consent of the owner/raiser, of any of the
above-mentioned animals whether or not for Other circumstances
profit or gain, or whether committed with Circumstances Effect/applicable
or without violence against or intimidation provisions
of any person or force upon things. It Theft by a housemate SIMPLE THEFT (Art
includes the killing of large cattle, or taking its 308, 309) Not always
meat or hide without the consent of the qualified since the abuse
owner/raiser. of confidence is not grave
Mere theft by laborer* SIMPLE THEFT (Art
308, 309)
Section 7. Presumption of cattle rustling. Every person
having in his possession, control or custody of large * does not suffice to create
cattle shall, upon demand by competent authorities, the relation of confidence
exhibit the documents prescribed in the preceding and intimacy that the law
sections. Failure to exhibit the required documents requires
Theft by one who had QUALIFIED THEFT
shall be prima facie evidence that the large cattle access to the place (Art 310) and not estafa
in his possession, control or custody are the fruits An industrial partner* ESTAFA (Art 315)
of the crime of cattle rustling. who sells personal
property acquired with *has material and juridical
Elements funds supplied by the possession
1) A large cattle is taken capitalist partner, and who
is responsible therefor in
2) It belongs to another case of loss, has, in legal
3) The taking is done without the consent of the contemplation
owner Theft of mail matter by a REMOVAL,
postmaster CONCEALMENT OR

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
DESTRUCTION OF
DOCUMENTS (Art
226)
Killing a cow on the spot SIMPLE THEFT (Art
308, 309)
The offender, in killing the MALICIOUS
cow of another, acted with MISCHIEF (Art 329)
hatred or revenge against
the owner thereof
PD 705
REVISED FORESTRY LAW
 There are two distinct and separate offenses
punished under Section 68, to wit:
1) Cutting, gathering, collecting and
removing timber or other forest
products from any forest land, or
timber from alienable or disposable
public land, or from private land
without any authority
2) Possession of timber or other
forest products without the legal
documents required under existing
forest laws and regulations
 Mere possession of forest products
consummates the crime
PD 330
PENALIZING TIMBER SMUGGLING OR
ILLEGAL CUTTING OF LOGS FROM
PUBLIC FORESTS AND FOREST
RESERVES AS QUALIFIED THEFT
Section 1. Any person, whether natural or juridical,
who directly or indirectly cuts, gathers, removes, or
smuggles timber, or other forest products, either from
any of the public forest, forest reserves and other kinds
of public forests, whether under license or lease, or
from any privately owned forest lands in violation of
existing laws, rules and regulation shall be guilty of the
crime of qualified theft as defined and penalized under
Articles 308, 309 and 310 of the Revised Penal Code;
Provided, That if the offender is a corporation, firm,
partnership or association, the penalty shall be
imposed upon the guilty officer or officers, as the
case may be, of the corporation, firm, partnership or
association, and if such guilty officer or officers are
aliens, in addition to the penalty herein prescribed, he
or they shall be deported without further
proceedings on the part of the Commissioned of
Immigration and Deportation.
PD No. 1612
ANTI-FENCING LAW OF 1979
Section 2. Definition of Terms. The following terms shall
mean as follows:
(a) "Fencing" is the act of any person who, with
intent to gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell or
dispose of, or shall buy and sell, or in any other
manner deal in any article, item, object or anything of
value which he knows, or should be known to him, to
have been derived from the proceeds of the crime
of robbery or theft.
(b) "Fence" includes any person, firm, association
corporation or partnership or other organization
who/which commits the act of fencing.
Section 3. Penalties. Any person guilty of fencing shall
be punished as hereunder indicated:
(a) The penalty of prision mayor, if the value of the
property involved is more than 12,000 pesos but not
exceeding 22,000 pesos; if the value of such property
exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period,
adding one year for each additional 10,000 pesos;
but the total penalty which may be imposed shall
not exceed twenty (20) years. In such cases, the
penalty shall be termed reclusion temporal and the
accessory penalty pertaining thereto provided in the
Revised Penal Code shall also be imposed.
(b) The penalty of prision correccional in its medium and
maximum periods, if the value of the property robbed
or stolen is more than 6,000 pesos but not
exceeding 12,000 pesos.
(c) The penalty of prision correccional in its minimum and
medium periods, if the value of the property involved
is more than 200 pesos but not exceeding 6,000
pesos.
(d) The penalty of arresto mayor in its medium period to
prision correccional in its minimum period, if the value of
the property involved is over 50 pesos but not
exceeding 200 pesos.
(e) The penalty of arresto mayor in its medium period if
such value is over five (5) pesos but not exceeding
50 pesos.
(f) The penalty of arresto mayor in its minimum period if
such value does not exceed 5 pesos.
Section 4. Liability of Officials of Juridical Persons. If the
fence is a partnership, firm, corporation or association,
the president or the manager or any officer thereof
who knows or should have known the commission
of the offense shall be liable.
Section 5. Presumption of Fencing. Mere possession of
any good, article, item, object, or anything of value
which has been the subject of robbery or thievery shall
be prima facie evidence of fencing.
Section 6. Clearance/Permit to Sell/Used Second Hand
Articles. For purposes of this Act, all stores,
establishments or entities dealing in the buy and sell of
any good, article item, object of anything of value
obtained from an unlicensed dealer or supplier
thereof, shall before offering the same for sale to the
public, secure the necessary clearance or permit
from the station commander of the Integrated
National Police in the town or city where such
store, establishment or entity is located. The Chief
of Constabulary/Director General, Integrated
National Police shall promulgate such rules and
regulations to carry out the provisions of this section.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Any person who fails to secure the clearance or permit
required by this section or who violates any of the
provisions of the rules and regulations promulgated
thereunder shall upon conviction be punished as a
fence.
addition to the penalty incurred for the acts of
violence executed by him, shall be punished by a fine
from fifty (50) to one hundred (100) per centum of
the gain which he shall have obtained, but not less
than Fifteen thousand pesos (₱15,000).

Elements If the value of the gain cannot be ascertained, a fine

1) The crime of robbery or theft has been from Forty thousand pesos (₱40,000) to One
committed. hundred thousand pesos (₱100,000) shall be
imposed.
2) The accused, who is not a principal or
accomplice in the commission of the crime of
Acts punishable under Art 312
robbery or theft, buys, receives, possesses,
1) By taking possession of any real property
keeps, acquires, conceals, sells or disposes,
belonging to another by means of violence
or buys and sells, or in any manner deals in
against or intimidation of persons.
any article, item, object or anything of
2) By usurping any real rights in property
value, which has been derived from the
belonging to another by means of violence
proceeds of the said crime.
against or intimidation of persons.
3) The accused knows or should have known
that the said article, item, object or anything of
Elements
value has been derived from the proceeds of
1) That the offender takes possession of any
the crime of robbery or theft.
real property or usurps any real rights in
4) There is, on the part of the accused, intent to
property.
gain for himself or another.
2) That the real property or real rights belong to
another.
Article. 311 3) That violence against or intimidation of
Theft of the property of the National Library and National persons is used by the offender in occupying
Museum — If the property stolen be any property of real property or usurping real rights in
the National Museum, the penalty shall be arresto
property.
mayor or a fine ranging from Forty thousand pesos
 Violence or intimidation must be the means
(₱40,000) to One hundred thousand pesos
used in occupying real property or usurping
(₱100,000), or both, unless a higher penalty should
be provided under other provisions of this Code, in real right belonging to another
which case, the offender shall be punished by such 4) That there is intent to gain.
higher penalty.
Other circumstances
Fixed penalty regardless of its value Circumstances Effect/applicable
While the penalty for theft of other property depends provisions
Defendant has shown that GRAVE COERCION
on the value of the property taken, under this article, he was the owner of the (Art 286)
the penalty is fix without regard to the value of the land in question in taking
property of the National Library or National possession the defendant
Museum. used violence or
intimidation
But if the crime is committed with grave abuse of The accused took ONLY CIVIL
possession of the land of LIABILITY
confidence, the penalty for qualified theft shall be the offended party
imposed, because Art. 311 says: "unless a higher through other means,
penalty should be provided under other provisions of such as strategy or stealth,
this Code." during the absence of the
owner or of the person in
charge of the property
CHAPTER FOUR USURPATION Open defiance of the CONTEMPT OF
writ of execution issued COURT
What are the crimes under usurpation? in the forcible entry case
1) Occupation of real property or usurpation of The offender who may Penalty for PHYSICAL
real rights in property. (Art 312) have inflicted physical INJURIES (Art 263, 265,
injuries in executing acts 266) in addition to the
2) Altering boundaries or landmarks. (Art 313)
of violence fines

Article. 312 Occupation of real Theft/Robbery

Occupation of real property or usurpation of real rights in property or usurpation
property. - Any person who, by means of violence of real rights in
against or intimidation of persons, shall take property
possession of any real property or shall usurp any Art 312 Art 294, 299, 302, 308,
real rights in property belonging to another, in 309, 310

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Occupation or Taking or asportation
usurpation
Real property or real Personal property
rights
There is intent to gain
REPUBLIC ACT NO. 947
AN ACT MAKING IT UNLAWFUL FOR ANY
PERSON, CORPORATION OR ASSOCIATION
TO FORCIBLY ENTER OR OCCUPY PUBLIC
AGRICULTURAL LANDS AND PENALIZING
VIOLATIONS THEREOF
SECTION 1. It shall be unlawful for any person,
corporation or association to enter or occupy,
through force, intimidation, threat, strategy or
stealth, any public agricultural land including such
public lands as are granted to private individuals
under the provisions of the Public Land Act or any
other laws providing for the disposal of public
agricultural lands in the Philippines, and are duly
covered by the corresponding applications
required for the purpose notwithstanding the fact
that title thereto still remains in the Government;
or for any person natural or juridical, to instigate,
induce or force another to commit such acts.
SECTION 3. Any violation of the provisions of this
Act shall be punished by a fine of not exceeding one
thousand pesos or imprisonment for not more than
one year, or by both such fine and imprisonment in the
discretion of the court. In case of insolvency, the
offender shall suffer subsidiary imprisonment to be
computed in accordance with the provisions of the
Revised Penal Code.
Article 313
Altering boundaries or landmarks. - Any person who
shall alter the boundary marks or monuments of
towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same,
shall be punished by arresto menor or a fine not
exceeding Twenty thousand pesos (₱20,000), or
both.
Elements
1) That there be boundary marks or monuments
of towns, provinces, or estates, or any other
marks intended to designate the boundaries of
the same.
2) That the offender alters said boundary marks.
 Mere alteration of the boundary marks or
monuments intended to designate the
boundaries of towns, provinces or estate is
punishable.
 Any alteration of boundary marks is enough to
constitute the material element of the crime.
CHAPTER FIVE CULPABLE
INSOLVENCY
Article 314
Fraudulent insolvency. - Any person who shall abscond
with his property to the prejudice of his creditors,
shall suffer the penalty of prision mayor, if he be a
merchant and the penalty of prision correccional in its
maximum period to prision mayor in its medium
period, if he be not a merchant.
Elements
1) That the offender is a debtor; that is, he has
obligations due and payable.
 Being a merchant is not an element of
this offense, but of a qualifying
circumstance
2) That he absconds with his property.
 Property may be real or personal
3) That there be prejudice to his creditors.
 Actual prejudice, not intention alone, is
required
 Prejudice must be to the creditors
Fraudulent insolvency Insolvency Law
No insolvency Criminal act should
proceedings necessary. have been committed
It is not necessary that after the institution of
the defendant should insolvency proceedings
have been adjudged
bankrupt or insolvent
CHAPTER SIX SWINDLING AND
OTHER DECEITS
Article 315
Swindling (estafa). - Any person who shall defraud
another by any of the means mentioned hereinbelow
shall be punished by:
1st. The penalty of prisión correccional in its maximum
period to prisión mayor in its minimum period, if the
amount of the fraud is over Two million four
hundred thousand pesos (₱2,400,000) but does not
exceed Four million four hundred thousand pesos
(₱4,400,000), and if such amount exceeds the latter
sum, the penalty provided in this paragraph shall be
imposed in its maximum period, adding one year for
each additional Two million pesos (₱2,000,000); but
the total penalty which may be imposed shall not
exceed twenty (20) years. In such cases, and in
connection with the accessory penalties which may
be imposed and for the purpose of the other
provisions of this Code, the penalty shall be termed
prisión mayor or reclusion temporal, as the case may be.
2nd. The penalty of prisión correccional in its minimum
and medium periods, if the amount of the fraud is
over One million two hundred thousand pesos
(₱1,200,000) but does not exceed Two million four
hundred thousand pesos (₱2,400,000).
3rd. The penalty of arresto mayor in its maximum
period to prisión correccional in its minimum period, if
such amount is over Forty thousand pesos (₱40,000)
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
but does not exceed One million two hundred
thousand pesos (₱1,200,000).
4th. By arresto mayor in its medium and maximum
periods, if such amount does not exceed Forty
thousand pesos (₱40,000): Provided, That in the
four cases mentioned, the fraud be committed by
any of the following means:
1) With unfaithfulness or abuse of confidence,
namely:
(a) Altering the substance, quantity, or quality of
anything of value which the offender shall deliver by
virtue of an obligation to do so, even though such
obligation be based on an immoral or illegal
consideration.
(b) By misappropriating or converting, to the
prejudice of another, money, goods, or any other
personal property received by the offender in trust
or on commission, or for administration, or under
any other obligation involving the duty to make
delivery of or to return the same, even though such
obligation be totally or partially guaranteed by a
bond; or by denying having received such money,
goods, or other property.
(c) By taking undue advantage of the signature of the
offended party in blank, and by writing any
document above such signature in blank, to the
prejudice of the offended party or any third person.
2) By means of any of the following false pretenses
or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to
possess power, influence, qualifications, property,
credit, agency, business or imaginary transactions, or
by means of other similar deceits.
(b) By altering the quality, fineness or weight of
anything pertaining to his art or business.
(c) By pretending to have bribed any Government
employee, without prejudice to the action for
calumny which the offended party may deem proper
to bring against the offender. In this case, the
offender shall be punished by the maximum period
of the penalty.
(d) By postdating a check, or issuing a check in
payment of an obligation when the offender had no
funds in the bank, or his funds deposited therein
were not sufficient to cover the amount of the check.
The failure of the drawer of the check to deposit the
amount necessary to cover his check within three (3)
days from receipt of notice from the bank and/or
the payee or holder that said check has been
dishonored for lack or insufficiency of funds shall be
prima facie evidence of deceit constituting false
pretense or fraudulent act.
Any person who shall defraud another by means of
false pretenses or fraudulent acts as defined in
paragraph 2(d) hereof shall be punished by:
1st. The penalty of reclusion temporal in its
maximum period, if the amount of fraud is over
Four million four hundred thousand pesos
(₱4,400,000) but does not exceed Eight million eight
hundred thousand pesos (₱8,800,000). If the
amount exceeds the latter, the penalty shall be
reclusion perpetua.
2nd. The penalty of reclusion temporal in its minimum
and medium periods, if the amount of the fraud is
over Two million four hundred thousand pesos
(₱2,400,000) but does not exceed Four million four
hundred thousand pesos (₱4,400,000).
3rd. The penalty of prisión mayor in its maximum
period, if the amount of the fraud is over One
million two hundred thousand pesos (₱1,200,000)
but does not exceed Two million four hundred
thousand pesos (₱2,400,000).
4th. The penalty of prisión mayor in its medium period,
if such amount is over Forty thousand pesos
(₱40,000) but does not exceed One million two
hundred thousand pesos (₱1,200,000).
5th. By prisión mayor in its minimum period, if such
amount does not exceed Forty thousand pesos
(₱40,000).
3) Through any of the following fraudulent means:
(a) By inducing another, by means of deceit, to sign
any document.
(b) By resorting to some fraudulent practice to
insure success in a gambling game.
(c) By removing, concealing or destroying, in whole
or in part, any court record, office files, document or
any other papers.
Elements of estafa in general
1) That the accused defrauded another by:
a) abuse of confidence, (paragraph 1 [a, b,
c])
b) means of deceit; and (paragraph 2 [a, b,
c, d] paragraph 3 [a, b, c])
2) That damage or prejudice capable of
pecuniary estimation is caused to the
offended party or third person.
 Basis for the penalty
 Damage or prejudice may consist in:
1) The offended party being deprived
of his money or property as a result
of defraudation
2) Disturbance in property rights
3) Temporary prejudice
Other circumstances
Circumstances Effect/applicable
provisions
A, intending to redeem COMPLEX CRIME OF
certain jewels, took the ESTAFA AND THEFT
pawnshop tickets from her
wardrobe, but as she had
to do something, she gave
the pawnshop tickets to B,
her servant, so that the
latter might take care of
them temporarily. A
completely forgot about
them. One week later, B
went out of the house and
met C who got them and
refused to return them,
alleging they were of no
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

value, notwithstanding the sale of property on trial basis, money

insistent demands made by market transaction)
B. Then C redeemed the  Criminal liability for estafa is not
jewels without the
knowledge and consent of affected by the novation of the
A or B. contract after incurring the liability
 The transfer must be of the juridical
ESTAFA WITH ABUSE OF CONFIDENCE (Art possession and not the actual
315 (1)) Juridical Material
(a) Altering the substance, quantity, or quality Possession which Actual physical
of anything of value which the offender shall gives the possession
deliver by virtue of an obligation to do so, even transferee a right
over the thing
though such obligation be based on an immoral which the
or illegal consideration. transferee may set
up even against
Elements the owner
1) That the offender has an onerous obligation Receipt of a thing Receipt of a thing
to deliver something of value. by an agent in by an employee,
 The crime must have happened at the behalf of the arrangement of a
principal, in quasi-
jeepney owner to
performance of the obligation contracts, the accused of
 There must already be an obligation to contracts of paying a fixed
deliver bailment, lease, sum (boundary)
 The crime of estafa may arise even if commodatum after operating as
the thing to be delivered, under the regular passenger
vehicle, amount
obligation to deliver it, is not a subject received by a
of lawful commerce, such as opium servant or
2) That he alters its substance, quantity, or domestic
quality. employee the
 Altering the substance may constitute employer
May constitute the May constitute
violation of the Food, Drug, and
crime of ESTAFA the crime of
Cosmetics Act THEFT
 No estafa when there is no agreement as
to the quality 2) That there be misappropriation or
3) That damage or prejudice is caused to conversion of such money or property by the
another. offender, or denial on his part of such receipt;
 Misappropriation - to own, to take
(b) By misappropriating or converting, to the something for one's own benefit
prejudice of another, money, goods, or any other  Conversion - using or disposing of
personal property received by the offender in another's property as if it were one's
trust or on commission, or for administration, or
own, devoted to a purpose or use
under any other obligation involving the duty to
make delivery of or to return the same, even different from that agreed upon
though such obligation be totally or partially  Fraudulent intent is necessary
guaranteed by a bond; or by denying having  Intention to permanently
received such money, goods, or other property. misappropriate is immaterial
 Basis of the penalty is the amount not
Elements returned at the time of the
1) That money, goods, or other personal property commission of the fraud
be received by the offender in trust, or on (AMOUNT OF THE FRAUD)
commission, or for administration, or 3) That such misappropriation or conversion or
under any other obligation involving the denial is to the prejudice of another; and
duty to make delivery of, or to return, the same;  The person prejudiced need not be the
 Check is included in the word "money” owner
 Must be received and not taken 4) That there is a demand made by the offended
 Includes quasi-contracts and certain party to the offender.
contracts of bailment  Not an absolute element
 Does not apply when the contract  Not necessary when there is
between the accused and the evidence of misappropriation or
complainant has the effect of conversion of the goods by the
transferring to the accused the defendant
ownership of the thing received  Need not be formal
(mutuum, purchase, sale, cash advance,  There is no estafa through negligence

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Other circumstances
Circumstances
The offender takes the
thing without the consent
of the owner
The relationship of the
accused and the victim is a
debtor and creditor
relationship
An agent who gave to a
sub-agent the thing
received from his
principal there being no
prohibition and the thing
was given for the same
purpose
The agent acted with
conspiracy or
connivance with the one
who carried out the actual
misappropriation
Right of the agent to
deduct commissions
Money or property had
been received by a partner
for a specific purpose
and he later
misappropriated it
After the termination of
the co-ownership,
accused misappropriates
the thing which has
become the exclusive
property of the other
When the servant
received money or other
personal property from
the master, with the
obligation to deliver it to a
third person and, instead
of doing so,
misappropriated it to the
prejudice of the owner
Selling the thing received
to be pledged for the
owner when the intent to
appropriate existed at the
time it was received
The private individual
allegedly in conspiracy
with the public officer
accountable for public
funds who is acquitted for
the crime of malversation
FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Effect/applicable
provisions
THEFT (Art 308, 309,
310)
CIVIL LIABILITY
ONLY
NO LIABILITY
Accused would be
answerable for the acts of
his CO-
CONSPIRATORS
If authorized to retain
commissions – NO
ESTAFA
Otherwise – GUILTY
OF ESTAFA*
*the right to a commission
does not make the agent
a joint owner, with a right
to the money collected
ESTAFA (Art 315 (1)(b))
ESTAFA (Art 315 (1)(b))
QUALIFIED THEFT
(Art 310)
THEFT (Art 308, 309,
310)
May be liable for
ESTAFA (Art 315
(1)(b))*
*estafa thru falsification of
public documents is
necessarily included in a
charge of malversation of
public funds thru
falsification of public
documents
Misappropriation of ESTAFA (Art 315 (1)(b))
firearms received by a
policeman, if it is not
involved in the
commission of a crime
Misappropriation of MALVERSATION OF
firearms received by a PUBLIC FUNDS OR
policeman, if it is involved PROPERTY (Art 217)
in the commission of a
crime
PD 115
Trust Receipts Law
Section 13. Penalty clause. The failure of an entrustee to
turn over the proceeds of the sale of the goods,
documents or instruments covered by a trust receipt to
the extent of the amount owing to the entruster or as
appears in the trust receipt or to return said goods,
documents or instruments if they were not sold or
disposed of in accordance with the terms of the trust
receipt shall constitute the crime of estafa, punishable
under the provisions of Article Three hundred and
fifteen, paragraph one (b) of Act Numbered Three
thousand eight hundred and fifteen, as amended,
otherwise known as the Revised Penal Code. If the
violation or offense is committed by a corporation,
partnership, association or other juridical entities, the
penalty provided for in this Decree shall be imposed
upon the directors, officers, employees or other
officials or persons therein responsible for the offense,
without prejudice to the civil liabilities arising from the
criminal offense.
Trust receipt transaction – is one where the
entrustee has the obligation to deliver to the entruster
the price of the sale, or if the merchandise is not sold,
to return the merchandise to the entruster.
Estafa with abuse of Theft
confidence
Art 315 (1) Art 308, 309, 310
A person who A person who
misappropriated the misappropriated the
thing which he had thing which he had
received from the received from the
offended party if offended party if only
juridical possession is material or physical
acquired possession is acquired
Offender receives the Offender takes the thing
thing
The owner does not Upon delivery of the
expect the immediate thing to the offender, the
return of the thing he owner expects the
delivered to the accused immediate return of the
thing
Estafa with abuse of Malversation
confidence
Art 315 (1)
The offenders are entrusted with funds or property
Continuing offense
The funds or property The funds or property
are always private are usually public
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

The offender is a private The offender who is People v. Lilius

individual or even a usually a public officer is Lilius doctrine
public officer who is not accountable for public The Court acquitted the accused of
accountable for public funds or property estafa because the deceit did not
funds or property precede the defraudation, which
The crime is committed The crime is committed means that the deceit was not the
by misappropriating, by appropriating, taking cause which could have induced the
converting or denying or misappropriating or
damage or prejudice to or loss of
having received money, consenting, or, through
goods or other personal abandonment or property suffered by the injured
property negligence, permitting party.
any other person to take
the public funds or The deceit must have been committed
property prior to or simultaneous with the
fraudulent act.
(c) By taking undue advantage of the signature
of the offended party in blank, and by writing 3) That the offended party must have relied on
any document above such signature in blank, to the false pretense, fraudulent act, or fraudulent
the prejudice of the offended party or any third means, that is, he was induced to part with his
person. money or property because of the false
pretense, fraudulent act, or fraudulent means.
Elements 4) That as a result thereof, the offended party
1) That the paper with the signature of the suffered damage.
offended party be in blank.
2) That the offended party should have 2) By means of any of the following false
delivered it to the offender. pretenses or fraudulent acts executed prior to or
3) That above the signature of the offended party simultaneously with the commission of the
a document is written by the offender fraud:
without authority to do so. (a) By using fictitious name, or falsely
4) That the document so written creates a pretending to possess power, influence,
liability of, or causes damage to, the qualifications, property, credit, agency,
offended party or any third person. business or imaginary transactions, or by means
of other similar deceits.
Other circumstances
Circumstances Effect/applicable Three ways of committing estafa under the
provisions provision
A was keeping blank FALSIFICATION (Art 1) by using fictitious name;
papers with the signature 172)* Estafa by means Using fictitious
of B. C stole one of them of deceit name and
and wrote a document * The paper with the concealing true
above the signature, signature in blank must be
creating liability against B. delivered by the offended
name
party to the offender Art 315 (2)(a) Art 178
For the purpose of For the purpose of
ESTAFA BY MEANS OF DECEIT (Art 315 (2) and defrauding others concealing a crime,
(3)) evading the
execution of a
Elements
judgment or causing
1) That there must be a false pretense, damage to public
fraudulent act or fraudulent means. interest
 There is no deceit if the complainant As a result thereof, Damage is not an
was aware of the fictitious nature of the offended party element
the pretense suffered damage
 The deceit or false pretenses must be
the efficient cause or primary 2) by falsely pretending to possess: (a) power, (b)
consideration which induced the influence, (c) qualifications, (d) property, (e)
party to part with the money or credit, (f) agency, (g) business or imaginary
property transactions; or
 Includes illegal recruitment
2) That such false pretense, fraudulent act or  Must exist prior to or simultaneous
fraudulent means must be made or executed with the execution of the fraud
prior to or simultaneously with the 3) by means of other similar deceits.
commission of the fraud.
Other circumstances

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Circumstances Effect/applicable Elements

provisions 1) That the offender postdated a check, or
The falsification of Complex crime of ESTAFA issued a check in payment of an obligation;
commercial/public (Art 315 (2)(a))
documents was a THROUGH  The issuance of the check must be a form
necessary means to FALSIFICATION OF of payment and not a promissory note or
commit the estafa COMMERCIAL/PUBLIC for guaranty
DOCUMENTS (Art 172 2) That such postdating or issuing a check was
(1)) done when the offender had no funds in the
The falsification of the FALSIFICATION OF bank, or his funds deposited therein were
private document is a PRIVATE DOCUMENTS
necessary means to (Art 172 (2)) not sufficient to cover the amount of the
commit the estafa check.
The estafa can be ESTAFA (Art 315 (2)(a))  The failure of the drawer of the check to
committed without the deposit the amount necessary to cover his
necessity of falsifying a check within three (3) days from receipt
private document
of notice from the bank and/or the payee
or holder that said check has been
2) By means of any of the following false dishonored for lack or insufficiency of
pretenses or fraudulent acts executed prior to or
funds shall be prima facie evidence of
simultaneously with the commission of the
fraud: deceit constituting false pretense or
(b) By altering the quality, fineness or weight of fraudulent act.
anything pertaining to his art or business.  Good faith is a defense in a charge of
 Fraudulent manipulation of scale is estafa by postdating or issuing a check
punished under the Consumer’s Act of  Intentional stopping of payment
the Philippines constitutes estafa
 Estafa by issuing bad check is a
2) By means of any of the following false continuing crime
pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the Other circumstances
fraud: Circumstances Effect/applicable
(c) By pretending to have bribed any provisions
Government employee, without prejudice to the Signing a check with a ESTAFA (Art 315 (2)(a))
action for calumny which the offended party fictitious name and
may deem proper to bring against the offender. falsely pretending that
In this case, the offender shall be punished by said check could be
cashed at the bank, the
the maximum period of the penalty.
accused knowing that it
could not be cashed
Other circumstances The check is falsified and FALSIFICATION OF A
Circumstances Effect/applicable the same is cashed with COMMERCIAL
provisions the bank, or exchanged for DOCUMENT (Art 172
Any person who would CORRUPTION OF cash (2))
ask money from another PUBLIC OFFICIALS The appellant usually NO ESTAFA*
for the alleged purpose of (Art 212) issued postdated checks
bribing a government after the goods was turned *The deceit was not the
employee, and he actually over efficient cause for the
gives the money to the parting of the property
government employee One who got hold of a ESTAFA (Art 315 (2)(d))
check issued by another,
2) By means of any of the following false knowing that the drawer
pretenses or fraudulent acts executed prior to or had no sufficient funds in
simultaneously with the commission of the the bank, and used the
fraud: same in the purchase of
goods
(d) By postdating a check, or issuing a check in
payment of an obligation when the offender had
no funds in the bank, or his funds deposited BATAS PAMBANSA BLG. 22
therein were not sufficient to cover the amount AN ACT PENALIZING THE MAKING OR
of the check. The failure of the drawer of the DRAWING AND ISSUANCE OF A CHECK
check to deposit the amount necessary to cover WITHOUT SUFFICIENT FUNDS OR CREDIT
his check within three (3) days from receipt of AND FOR OTHER PURPOSES.
notice from the bank and/or the payee or holder Section 1. Checks without sufficient funds. - Any person
that said check has been dishonored for lack or who makes or draws and issues any check to apply
insufficiency of funds shall be prima facie on account or for value, knowing at the time of issue
evidence of deceit constituting false pretense or that he does not have sufficient funds in or credit
fraudulent act. with the drawee bank for the payment of such check in
full upon its presentment, which check is subsequently

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

dishonored by the drawee bank for insufficiency of guaranty or for obligation or to

funds or credit or would have been dishonored for promissory note merely
the same reason had not the drawer, without any guarantee an
obligation
valid reason, ordered the bank to stop payment, Crime against Crime against
shall be punished by imprisonment of not less than property public interest
thirty days but not more than one (1) year or by a fine Mala in se Mala prohibita
of not less than but not more than double the amount
of the check which fine shall in no case exceed Two  That the person who makes or draws
Hundred Thousand Pesos, or both such fine and and issues the check knows at the
imprisonment at the discretion of the court. time of issue that he does not have
sufficient funds in or credit with the
The same penalty shall be imposed upon any person drawee bank for the payment of such
who, having sufficient funds in or credit with the check in full upon its presentment.
drawee bank when he makes or draws and issues a Estafa BP 22
check, shall fail to keep sufficient funds or to Knowledge is Requires that the
maintain a credit to cover the full amount of the immaterial person who made
check if presented within a period of ninety (90) or drew and
issued the check
days from the date appearing thereon, for which
knew at the time
reason it is dishonored by the drawee bank. of issue that he
did not have
Where the check is drawn by a corporation, company sufficient funds
or entity, the person or persons who actually signed the in or credit with
check in behalf of such drawer shall be liable under this the drawee bank
Act.
 That the check is subsequently
BP Big. 22 may be violated in two ways: dishonored by the drawee bank for
1) By making or drawing and issuing any check to insufficiency of funds or credit, or
apply on account or for value, knowing at the would have been dishonored for the
time of issue that he does not have sufficient same reason had not the drawer,
funds in or credit with the drawee bank for the without any valid reason, ordered
payment of such check in full upon its the bank to stop payment.
presentment, which check is subsequently
dishonored by the drawee bank for Estafa BP 22
Notice of dishonor is required
insufficiency of funds or credit or would
No requirement Must be in writing
have been dishonored for the same reason
 Without proof of notice of
had not the drawer, without any valid
dishonor, knowledge of the
reason, ordered the bank to stop payment.
insufficiency of funds cannot
be presumed and no crime
Elements
(whether estafa or violation of
 That a person makes or draws and
BP 22) can be deemed to exist.
issues any check.
 There must be proof of
Estafa BP 22
receipt (e.g. Registry return
The issuance of The check can be
the check should issued even in receipt) to be sufficient
be prior to or payment of pre-  Notice of dishonor to
simultaneous to existing obligation corporation is not notice to
the defraudation. officer who issued the check
The accused must
have received the
goods or property
2) Having sufficient funds in or credit with the
by virtue of the drawee bank when he makes or draws and
issuance of the issues a check, by failing to keep sufficient
bad check. funds or to maintain a credit to cover the
full amount of the check if presented within
 That the check is made or drawn and a period of ninety (90) days from the date
issued to apply on account or for appearing thereon, for which reason it is
value. dishonored by the drawee bank.
Estafa BP 22
The issuance of Does not make a Elements
the check must be distinction as to  That a person has sufficient funds in
for the payment whether the bad
of obligation and check is issued in or credit with the drawee bank when
not merely for payment of an he makes or draws and issues a check.

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

 That he fails to keep sufficient funds 2) Where the circumstances of the case clearly
or to maintain a credit to cover the indicate good faith or a clear mistake of fact
full amount of the check if presented without taint of negligence, the imposition of
within a period of 90 days from the fine alone rests solely upon the judge.
date appearing thereon. 3) Should the judge decide that imprisonment is
 That the check is dishonored by the the more appropriate penalty, AC 12-2000
drawee bank. ought not to be deemed a hindrance
4) Where the judgment of conviction did not
Gravamen of BP 22 is the issuance of a check, provide subsidiary imprisonment in case of
not the nonpayment of an obligation failure to pay the penalty of fine, subsidiary
imprisonment may not be imposed without
Defenses in BP 22 violating the RPC and the constitutional
1) Payment – The prima facie presumption that provision on due process
the drawer has knowledge of the insufficiency
of funds or credit at the time of the issuance, Section 2. Evidence of knowledge of insufficient funds. - The
or on the presentment of payment, of the making, drawing and issuance of a check payment
check might be rebutted by payment of the of which is refused by the drawee because of
value of the check either by the drawer or by insufficient funds in or credit with such bank, when
the drawee bank within 5 banking days from presented within ninety (90) days from the date of
notice of the dishonor given to the drawer. the check, shall be prima facie evidence of
knowledge of such insufficiency of funds or credit
Estafa BP 22 unless such maker or drawer pays the holder thereof
Within three (3) Within 5 banking the amount due thereon, or makes arrangements for
days from receipt days from notice of payment in full by the drawee of such check within (5)
of notice from the the dishonor given banking days after receiving notice that such check
bank and/or the to the drawer has not been paid by the drawee.
payee or holder that
said check has been Prima facie evidence of knowledge
dishonored for lack
GR: The making, drawing and issuance of a check
or insufficiency of
funds payment of which is refused by the drawee because of
Prima facie Rebuts the prima insufficient funds in or credit with such bank, when
evidence of deceit facie presumption presented within ninety (90) days from the date of the
constituting false of knowledge check
pretense or XPNs:
fraudulent act 1) When the check is presented after 90 days
In estafa in general, Payment is a from the date of the check
payment made defense 2) When the maker or drawer pays the holder
subsequent to the thereof the amount due thereon, or makes
commission of the arrangements for payment in full by the drawee
crime does not of such check within 5 banking days after
extinguish receiving notice that such check has not
criminal liability
been paid by the drawee.
or reduce penalty
 Either payment or arrangement for
payment
2) The exercise of a statutory right to suspend
installment payments under PD 957
Section 3. Duty of drawee; rules of evidence. - It shall be the
3) Issuance of postdated checks in payment of a
duty of the drawee of any check, when refusing to pay
“warranty deposit”
the same to the holder thereof upon presentment, to
4) Failure to encash the checks within a
cause to be written, printed, or stamped in plain
reasonable time (stale checks)
language thereon, or attached thereto, the reason
5) Issuance of SEC Order for suspension of
for drawee's dishonor or refusal to pay the same:
payments prior to presentment of check for
Provided, That where there are no sufficient funds in
payment
or credit with such drawee bank, such fact shall always
6) Check signatory had no knowledge of
be explicitly stated in the notice of dishonor or
insufficiency of funds in corporate account
refusal. In all prosecutions under this Act, the
introduction in evidence of any unpaid and dishonored
AC No 13-2001 in relation to AC 12-2000
check, having the drawee's refusal to pay stamped or
Rules of preference in imposing penalties
written thereon or attached thereto, with the reason
1) The intention and tenor of AC 12-2000 is not
therefor as aforesaid, shall be prima facie evidence of
to remove imprisonment as an alternative
the making or issuance of said check, and the due
penalty
presentment to the drawee for payment and the

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
dishonor thereof, and that the same was properly
dishonored for the reason written, stamped or attached
by the drawee on such dishonored check.
 If the drawee bank received an order to stop
payment from the drawer, the former shall
state in the notice that there were no sufficient
funds in or credit with it for the payment in full
of the check, if such be the fact.
 In all prosecutions under BP Big. 22, the
introduction in evidence of any unpaid and
dishonored check with the drawee's refusal to
pay stamped or written thereon, or attached
thereto, shall be prima facie evidence of —
o the making or issuance of the
check;
o the due presentment to the
drawee for payment and the
dishonor thereof; and
o the fact that the same was properly
dishonored for the reason written,
stamped or attached by the drawee
on such dishonored check.
Section 4. Credit construed. - The word "credit" as used
herein shall be construed to mean an arrangement or
understanding with the bank for the payment of such
check.
Section 5. Liability under the Revised Penal Code. -
Prosecution under this Act shall be without prejudice
to any liability for violation of any provision of the
Revised Penal Code.
 Issuing a check in payment of an obligation,
which is subsequently dishonored, may be
punished under the Revised Penal Code and
under BP Big. 22.
 There is no double jeopardy if each statute
requires proof of an additional fact which the
other does not.
Estafa BP 22
The gravamen of the The gravamen of the
offense is the deceit offense is the issuance
employed in order to of the check
obtain money or
property in exchange of
the check issued
There must be damage Damage is immaterial
2) By means of any of the following false
pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the
fraud:
(e) By obtaining any food, refreshment or
accommodation at a hotel, inn, restaurant,
boarding house, lodging house, or apartment
house and the like without paying therefor, with
intent to defraud the proprietor or manager
thereof, or by obtaining credit at hotel, inn,
restaurant, boarding house, lodging house, or
apartment house by the use of any false
pretense, or by abandoning or surreptitiously
removing any part of his baggage from a hotel,
inn, restaurant, boarding house, lodging house
or apartment house after obtaining credit, food,
refreshment or accommodation therein without
paying for his food, refreshment or
accommodation.
 This section was deleted in RA
10951. However, the acts mentioned
may still constitute “Other Deceits”
under Article 318 of the RPC
Estafa by obtaining food or accommodation at a
hotel, etc.
1) By obtaining food, refreshment or
accommodation at a hotel, inn, restaurant,
boarding house, lodging house or apartment
house without paying therefor, with intent to
defraud the proprietor or manager thereof;
2) By obtaining credit at any of said
establishments by the use of any false
pretense; or
3) By abandoning or surreptitiously removing
any part of his baggage from any of said
establishments after obtaining credit, food,
refreshment or accommodation therein,
without paying therefor.
3) Through any of the following fraudulent
means:
(a) By inducing another, by means of deceit, to
sign any document.
Elements
1) That the offender induced the offended party
to sign a document.
2) That deceit be employed to make him sign the
document.
 Defendant must make statements
tending to mislead the complainant as
to the character of the document
executed by him
3) That the offended party personally signed the
document.
4) That prejudice be caused.
Other circumstances
Circumstances Effect/applicable
provisions
Offended party is willing FALSIFICATION (Art
and ready from the 171, 172)
beginning to sign the
document and there is
deceit as to the
character or contents of
the document
3) Through any of the following fraudulent
means:
(b) By resorting to some fraudulent practice to
insure success in a gambling game.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

5) Any person who shall accept any

 The rule in Civil Law that no action can compensation given him under the belief
be filed on an immoral or illegal that it was in payment of services rendered
contract (Art 1411, CC) has no or labor performed by him, when in fact he
application in the prosecution for estafa, did not actually perform such services or
even if the offended party consented to labor.
6) Any person who, while being a surety in a
the fraudulent scheme.
bond given in a criminal or civil action,
without express authority from the court or
3) Through any of the following fraudulent before the cancellation of his bond or before
means: being relieved from the obligation
(c) By removing, concealing or destroying, in contracted by him, shall sell, mortgage, or, in
whole or in part, any court record, office files, any other manner, encumber the real
document or any other papers. property or properties with which he
guaranteed the fulfillment of such
Elements obligation.
1) That there be court record, office files,
documents or any other papers. 1) Any person who, pretending to be owner of
2) That the offender removed, concealed or any real property, shall convey, sell,
destroyed any of them. encumber or mortgage the same
3) That the offender had intent to defraud
another. Elements
1) That the thing be immovable, such as a parcel
Other circumstances of land or a building.
Circumstances Effect/applicable  It is the doctrine in this jurisdiction that
provisions true buildings (not ones merely
A person destroys the MALICIOUS superimposed on the soil) are real
record of a criminal case MISCHIEF (Art 327)
for the purpose of property by incorporation, whether
affording immunity to they be erected by the owner of the
the persons accused land or by a usufructuary or lessee.
2) That the offender who is not the owner of said
Estafa by removing, Infidelity in the property should represent that he is the
concealing, or custody of documents owner thereof.
destroying documents  Penalizes only a person who pretends
Art 315 (3)(c) Art 226, 227, 228 to be the owner and not one who
Similar means of committing the offenses claims (title is defective) to be the
The offender is either a The offender is a public owner
public officer who is not officer who is officially 3) That the offender should have executed an
officially entrusted with entrusted with the act of ownership (selling, leasing,
the documents or a document
encumbering or mortgaging the real property).
private individual
4) That the act be made to the prejudice of the
There is intent to The element of intent to
defraud defraud is not required. owner or a third person.

Other circumstances
Article 316
Circumstances Effect/applicable
Other forms of swindling. - The penalty of arresto mayor provisions
in its minimum and medium period and a fine of not The property is a chattel ESTAFA (Art 315 (2)(a))
less than the value of the damage caused and not When deceit is practiced OTHER FORMS OF
more than three times such value, shall be imposed against the second SWINDLING (Art 316
upon: purchaser and the damage (1))
1) Any person who, pretending to be owner of is incurred by the first
any real property, shall convey, sell, purchaser
encumber or mortgage the same.
2) Any person, who, knowing that real property Other forms of Estafa through falsely
is encumbered, shall dispose of the same, swindling pretending to possess
although such encumbrance be not property
recorded. Art 316 (1) Art 315 (2)(a)
3) The owner of any personal property who Involves immovables Involves movables and
shall wrongfully take it from its lawful or real property immovables
possessor, to the prejudice of the latter or There is exercise or Exercise of ownership is
any third person. execution of dominion not an element. The
4) Any person who, to the prejudice of another, or ownership over the possession of the
shall execute any fictitious contract. property property is only a
means for the offender

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

to employ deceit to to charge the bailee with

obtain money or its value
property as a result The owner takes the thing GRAVE COERCION
from the bailee by means (Art 286)
of violence or
2) Any person, who, knowing that real property intimidation, without
is encumbered, shall dispose of the same, intent to charge the
although such encumbrance be not bailee with its value
recorded.
4) Any person who, to the prejudice of another,
Elements shall execute any fictitious contract.
1) That the thing disposed of be real property.
 “disposed” includes both encumbering 5) Any person who shall accept any
and mortgaging compensation given him under the belief
2) That the offender knew that the real that it was in payment of services rendered
property was encumbered, whether the or labor performed by him, when in fact he
encumbrance is recorded or not. did not actually perform such services or
 It is necessary to prove that there was labor.
fraud or deceit in the second
disposition Other circumstances
3) That there must be express representation by Circumstances Effect/applicable
provisions
the offender that the real property is free
No fraud was employed CIVIL LIABILITY
from encumbrance. only*
 Registration is immaterial
4) That the act of disposing of the real property *solution indebiti
be made to the damage of another. The money in payment of ESTAFA (Art 315 (1)(b))
a debt was delivered to a
wrong person and the
3) The owner of any personal property who person who received it
shall wrongfully take it from its lawful later refused or failed to
possessor, to the prejudice of the latter or return it to the owner of
any third person. the money

Elements 6) Any person who, while being a surety in a

1) That the offender is the owner of personal bond given in a criminal or civil action,
property. without express authority from the court or
2) That said personal property is in the lawful before the cancellation of his bond or before
possession of another. being relieved from the obligation
3) That the offender wrongfully takes it from its contracted by him, shall sell, mortgage, or,
lawful possessor. in any other manner, encumber the real
 The taking is wrongful when it is property or properties with which he
guaranteed the fulfillment of such
without the consent of the
obligation.
possessor, or when deceit is
employed by the owner of the
Elements
personal property in inducing the
1) That the offender is a surety in a bond given
possessor to give it to him
in a criminal or civil action.
4) That prejudice is thereby caused to the
2) That he guaranteed the fulfillment of such
possessor or third person.
obligation with his real property or
properties.
Other circumstances
3) That he sells, mortgages, or, in any other
Circumstances Effect/applicable
provisions
manner encumbers said real property.
The offender is a third THEFT (Art 308, 309, 4) That such sale, mortgage or encumbrance is
person and his purpose in 310) a) without express authority from the court,
taking it is to return it to or
the owner b) made before the cancellation of his bond,
The owner, after taking it THEFT (Art 308, 309, or
without the consent of the 310)
possessor, charged the
c) before being relieved from the obligation
possessor with the value contracted by him.
of said property
The owner takes the thing ROBBERY (Art 294, PD 1689
from the bailee by means 299, 302) INCREASING THE PENALTY FOR
of violence or CERTAIN FORMS OF SWINDLING OR
intimidation, with intent ESTAFA

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Syndicated estafa
Section 1. Any person or persons who shall commit
estafa or other forms of swindling as defined in Article
315 and 316 of the Revised Penal Code, as amended,
shall be punished by life imprisonment to death if
the swindling (estafa) is committed by a syndicate
consisting of five or more persons formed with the
intention of carrying out the unlawful or illegal act,
transaction, enterprise or scheme, and the defraudation
results in the misappropriation of money contributed
by stockholders, or members of rural banks,
cooperative, "samahang nayon(s)", or farmers
association, or of funds solicited by
corporations/associations from the general public.
When not committed by a syndicate as above defined,
the penalty imposable shall be reclusion temporal to
reclusion perpetua if the amount of the fraud exceeds
100,000 pesos.
Elements
1) That estafa or other forms of swindling as
defined in Articles 315 and 316 of the R.P.C. is
committed.
2) That estafa or swindling is committed by a
syndicate of five or more persons;
3) That defraudation results in the
misappropriation of moneys contributed by
stockholders, or members of rural banks,
cooperatives, "samahang nayon(s)," or farmers'
associations or of funds solicited by
corporations/associations from the general
public.
 The third whereas clause states that it
also applies to other corporations or
associations operating on funds
solicited from the general public
Coverage of syndicated estafa
1) Commercial banks
2) The swindling must be committed through the
association, the bank in this case, which
operate on funds solicited from the general
public
3) When the number of the accused are five or
more, the crime is syndicated estafa under
paragraph 1 of the Decree.
4) If the number of accused is less than five but
the defining element of the crime under the
Decree is present, the second paragraph of
the Decree applies. (large scale swindling)
5) The Decree does not apply regardless of the
number of the accused, when:
a) the entity soliciting funds from the
general public is the victim and not the
means through which the estafa is
committed, or
b) the offenders are not owners or
employees who used the association to
perpetrate the crime, in which case, Article
315(2)(a) of the RPC applies.
Syndicated estafa committed through ponzi
scheme
Ponzi scheme - a type of investment fraud that
involves the payment of purported returns to existing
investors from funds contributed by new investors. Its
organizers often solicit new investors by promising to
invest funds in opportunities claimed to generate high
returns with little or no risk.
People v. Tibayan
It is clear that all the elements of Syndicated Estafa,
committed through a Ponzi scheme, are present in
this case, considering that:
a) the incorporators/directors of TGICI
comprising more than five people, including
herein accused-appellants, made false
pretenses and representations to the —
regarding a investing public in this case, the
private complainants supposed lucrative
investment opportunity with TGICI in order
to solicit money from them;
b) the said false pretenses and representations
were made prior to or simultaneous with the
commission of fraud;
c) relying on the same, private complainants
invested their hard-earned money into TGICI;
and
d) the incorporators/directors of TGICI ended
up running away with the private complainants'
investments, obviously to the latter's prejudice.
Article 317
Swindling a minor. - Any person who taking advantage
of the inexperience or emotions or feelings of a
minor, to his detriment, shall induce him to assume
any obligation or to give any release or execute a
transfer of any property right in consideration of
some loan of money, credit or other personal
property, whether the loan clearly appears in the
document or is shown in any other form, shall suffer
the penalty of arresto mayor and a fine of a sum
ranging from 10 to 50 per cent of the value of the
obligation contracted by the minor.
Elements
1) That the offender takes advantage of the
inexperience or emotions or feelings of a
minor.
 Actual proof of deceit or
misrepresentation is not essential
2) That he induces such minor (1) to assume an
obligation, or (2) to give release, or (3) to
execute a transfer of any property right.
3) That the consideration is (1) some loan of
money, (2) credit, or (3) other personal
property.
 Real property is not included since a
minor cannot convey real property
without judicial authority
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4) That the transaction is to the detriment of
such minor.
Article 318
Other deceits. - The penalty of arresto mayor and a fine
of not less than the amount of the damage caused
and not more than twice such amount shall be
imposed upon any person who shall defraud or
damage another by any other deceit not mentioned
in the preceding articles of this Chapter.
Any person who, for profit or gain, shall interpret
dreams, make forecasts, tell fortunes, or take
advantage of the credulity of the public in any other
similar manner, shall suffer the penalty of arresto
mayor or a fine not exceeding Forty thousand pesos
(₱40,000).
Other deceits
1) By defrauding or damaging another by any
other deceit not mentioned in the
preceding articles.
 This provision is intended as a catch-all
provision to cover all other kinds of
deceit not falling under Articles 315,
316 and 317
2) By interpreting dreams, by making
forecasts, by telling fortunes, or by taking
advantage of the credulity of the public in
any other similar manner, for profit or gain.
GR: An accused can only be convicted of the crime
with which he or she is charged
XPN: Sec 4, Rule 120 of the Rules of Court
Rule 120, Rules of Court
Section 4. Judgment in case of variance between allegation
and proof. — When there is variance between the
offense charged in the complaint or information and
that proved, and the offense as charged is included
in or necessarily includes the offense proved, the
accused shall be convicted of the offense proved
which is included in the offense charged, or of
the offense charged which is included in the
offense proved. (4a)
CHAPTER SEVEN CHATTEL
MORTGAGE
Article 319
Removal, sale or pledge of mortgaged property. - The penalty
or arresto mayor or a fine amounting to twice the value
of the property shall be imposed upon:
1) Any person who shall knowingly remove any
personal property mortgaged under the
Chattel Mortgage Law to any province or
city other than the one in which it was
located at the time of the execution of the
mortgage, without the written consent of the
mortgagee, or his executors, administrators
or assigns.
2) Any mortgagor who shall sell or pledge
personal property already pledged, or any
part thereof, under the terms of the Chattel
Mortgage Law, without the consent of the
mortgagee written on the back of the
mortgage and noted on the record hereof in
the office of the Register of Deeds of the
province where such property is located.
Acts punishable under Art 319
1) By knowingly removing any personal property
mortgaged under the Chattel Mortgage Law to
any province or city other than the one in
which it was located at the time of
execution of the mortgage, without the
written consent of the mortgagee or his
executors, administrators or assigns.
Elements
 That personal property is mortgaged
under the Chattel Mortgage Law.
 That the offender knows that such
property is so mortgaged.
 That he removes such mortgaged
personal property to any province or
city other than the one in which it was
located at the time of the execution
of the mortgage.
o Filing a civil action for
collection, not for foreclosure
of chattel mortgage, relieves
the accused of criminal
responsibility
 That the removal is permanent.
 That there is no written consent of
the mortgagee or his executors,
administrators or assigns to such
removal.
2) By selling or pledging personal property
already pledged, or any part thereof, under the
terms of the Chattel Mortgage Law, without
the consent of the mortgagee written on the
back of the mortgage and noted on the record
thereof in the office of the register of deeds of
the province where such property is located
Elements
 That personal property is already
pledged under the terms of the Chattel
Mortgage Law.
 That the offender, who is the
mortgagor of such property, sells or
pledges the same or any part
thereof.
 That there is no consent of the
mortgagee written on the back of the
mortgage and noted on the record
thereof in the office of the register of
deeds.
o The consent of the mortgagee
must be (1) in writing, (2) on
the back of the mortgage,
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and (3) noted on the record
thereof in the office of the
register of deeds.
o Damage to the mortgagee is
not essential
Removal, sale or Estafa by disposing of
pledge of mortgaged encumbered property
property
Art 319 Art 316 (2)
There is selling of a mortgaged property
There is no consent of The real property must
the mortgagee written be sold as free from
on the back of the encumbrance, even
mortgage and noted on though the vendor may
the record thereof in the have obtained the
office of the register of consent of the
deeds mortgagee
The purpose is to The purpose is to
protect the mortgagee protect the purchaser
CHAPTER EIGHT ARSON AND OTHER
CRIMES INVOLVING DESTRUCTION
Article 320
Destructive Arson. - The penalty of reclusion perpetua to
death shall be imposed upon any person who shall
burn:
1) One (1) or more buildings or edifices,
consequent to one single act of burning, or
as a result of simultaneous burnings,
committed on several or different occasions.
2) Any building of public or private ownership,
devoted to the public in general or where
people usually gather or congregate for a
definite purpose such as, but not limited to,
official governmental function or business,
private transaction, commerce, trade,
workshop, meetings and conferences, or
merely incidental to a definite purpose such
as but not limited to hotels, motels, transient
dwellings, public conveyances or stops or
terminals, regardless of whether the offender
had knowledge that there are persons in said
building or edifice at the time it is set on fire
and regardless also of whether the building
is actually inhabited or not.
3) Any train or locomotive, ship or vessel,
airship or airplane, devoted to transportation
or conveyance, or for public use,
entertainment or leisure.
4) Any building, factory, warehouse installation
and any appurtenances thereto, which are
devoted to the service of public utilities.
5) Any building the burning of which is for the
purpose of concealing or destroying
evidence of another violation of law, or for
the purpose of concealing bankruptcy or
defrauding creditors or to collect from
insurance.
Irrespective of the application of the above
enumerated qualifying circumstances, the penalty of
reclusion perpetua to death shall likewise be imposed
when the arson is perpetrated or committed by two
(2) or more persons or by a group of persons,
regardless of whether their purpose is merely to burn
or destroy the building or the burning merely
constitutes an overt act in the commission or
another violation of law.
The penalty of reclusion perpetua to death shall also be
imposed upon any person who shall burn:
1) Any arsenal, shipyard, storehouse or military
powder or fireworks factory, ordinance,
storehouse, archives or general museum of
the Government.
2) In an inhabited place, any storehouse or
factory of inflammable or explosive
materials.
If as a consequence of the commission of any of the
acts penalized under this Article, death results, the
mandatory penalty of death shall be imposed.
Categories of arson
1) Destructive arson – Art 320, as amended by
RA 7659
2) Simple arson – Sec 1, PD 1613
3) Other cases of arson - Sec 3, PD 1613
Destructive arson
 A heinous crime
 The reason for the law is to effectively
discourage and deter the commission
of this dastardly crime, to prevent the
destruction of properties and protect
the lives of innocent people
Circumstances Effect/applicable
provisions
If as a consequence of the Mandatory penalty of
commission of any of the death* shall be imposed
acts penalized under Art
320, death should result *reclusion perpetua with no
eligibility for parole
PD No. 1613
AMENDING THE LAW ON ARSON
Section 1. Arson. Any person who burns or sets fire
to the property of another shall be punished by Prision
Mayor.
The same penalty shall be imposed when a person sets
fire to his own property under circumstances which
expose to danger the life or property of another.
Arson - the malicious destruction of property by fire.
 PD 1613 contemplates the malicious
burning of public and private structures,
regardless of size, not included in Art.
320, as amended by RA 7659, and
classified as other cases of arson.
 There is no complex crime of arson with
homicide
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Test to determine whether simple or destructive
 It is considered simple if the appellant’s
act does not appear to be heinous or
represents a greater degree of perversity
and viciousness
Attempted, frustrated and consummated arson
Attendant circumstances
Attempted A person, intending to burn a
wooden structure, collects some
rags, soaks them in gasoline and
places them beside the wooden
wall of the building.
It is not necessary that there be a
fire before the crime of attempted
arson can be committed.
The presence of blaze does not
necessarily lead to the crime of
attempted arson.
When there is fire, the Supreme
Court has held invariably that
crime committed is either
frustrated arson or
consummated arson, never
attempted.
Frustrated The person is able to light or set
fire to the rags but the fire was put
out before any part of the building
was burned.
Consummated Any charring of the wood of a
building, whereby the fiber of the
wood is destroyed, is sufficient.
If a part of the building
commences to burn, the crime is
consummated arson, however
small is the portion of the building
burned
Arson Homicide/Murder
Art 320, PD 1613 Art 249, 248
The main objective is the The main objective is to
burning of the building kill a particular person
or edifice and death who may be in a building
results by reason or on or edifice, and the fire is
the occasion of arson. resorted to as the means
to accomplish such goal
The resulting homicide
is absorbed
Other circumstances
Circumstances Effect/applicable
provisions
The objective is to kill a Separate and distinct
particular person, and in crimes of HOMICIDE
fact the offender has (Art 249) and ARSON
already done so, but fire is(Art 320/PD 1613)
resorted to as a means to
cover up the killing
The killing is attended Separate and distinct
with evident premeditation crimes of MURDER (Art
and the burning was done 248) and ARSON (Art
to disguise the murder 320/PD 1613)
Section 2. Destructive Arson. The penalty of Reclusion
Temporal in its maximum period to Reclusion Perpetua
shall be imposed if the property burned is any of the
following:
1) Any ammunition factory and other
establishment where explosives, inflammable
or combustible materials are stored.
2) Any archive, museum, whether public or
private, or any edifice devoted to culture,
education or social services.
3) Any church or place of worship or other
building where people usually assemble.
4) Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation of
persons or property
5) Any building where evidence is kept for use in
any legislative, judicial, administrative or other
official proceedings.
6) Any hospital, hotel, dormitory, lodging house,
housing tenement, shopping center, public or
private market, theater or movie house or any
similar place or building.
7) Any building, whether used as a dwelling or
not, situated in a populated or congested area.
Section 3. Other Cases of Arson. The penalty of Reclusion
Temporal to Reclusion Perpetua shall be imposed if the
property burned is any of the following:
1) Any building used as offices of the government
or any of its agencies;
2) Any inhabited house or dwelling;
3) Any industrial establishment, shipyard, oil well
or mine shaft, platform or tunnel;
4) Any plantation, farm, pastureland, growing
crop, grain field, orchard, bamboo grove or
forest;
5) Any rice mill, sugar mill, cane mill or mill
central; and
6) Any railway or bus station, airport, wharf or
warehouse.
Section 4. Special Aggravating Circumstances in Arson. The
penalty in any case of arson shall be imposed in its
maximum period;
1) If committed with intent to gain;
2) If committed for the benefit of another;
3) If the offender is motivated by spite or
hatred towards the owner or occupant of the
property burned;
4) If committed by a syndicate.
The offense is committed by a syndicate if its is
planned or carried out by a group of three (3) or more
persons.
Section 5. Where Death Results from Arson. If by reason
of or on the occasion of the arson death results, the
penalty of Reclusion Perpetua to death shall be imposed.
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Section 6. Prima Facie evidence of Arson. Any of the
following circumstances shall constitute prima facie
evidence of arson:
1) If the fire started simultaneously in more than
one part of the building or establishment.
2) If substantial amount of flammable substances
or materials are stored within the building not
necessary in the business of the offender nor
for household use.
3) If gasoline, kerosene, petroleum or other
flammable or combustible substances or
materials soaked therewith or containers
thereof, or any mechanical, electrical, chemical,
or electronic contrivance designed to start a
fire, or ashes or traces of any of the foregoing
are found in the ruins or premises of the
burned building or property.
4) If the building or property is insured for
substantially more than its actual value at
the time of the issuance of the policy.
5) If during the lifetime of the corresponding fire
insurance policy more than two fires have
occurred in the same or other premises owned
or under the control of the offender and/or
insured.
6) If shortly before the fire, a substantial portion
of the effects insured and stored in a building
or property had been withdrawn from the
premises except in the ordinary course of
business.
7) If a demand for money or other valuable
consideration was made before the fire in
exchange for the desistance of the offender
or for the safety of the person or property of
the victim.
Section 7. Conspiracy to commit Arson. Conspiracy to
commit arson shall be punished by Prision Mayor in its
minimum period.
Section 8. Confiscation of Object of Arson. The building
which is the object of arson including the land on
which it is situated shall be confiscated and
escheated to the State, unless the owner thereof can
prove that he has no participation in nor
knowledge of such arson despite the exercise of
due diligence on his part.
Section 9. Repealing Clause. The provisions of Articles
320 to 326-B of the Revised Penal Code and all laws,
executive orders, rules and regulations, or parts
thereof, inconsistent with the provisions of this Decree
are hereby repealed or amended accordingly.
Article 324
Crimes involving destruction. - Any person who shall
cause destruction by means of explosion, discharge
of electric current, inundation, sinking or stranding
of a vessel, intentional damaging of the engine of
said vessel, taking up the rails from a railway track,
maliciously changing railway signals for the safety of
moving trains, destroying telegraph wires and
telegraph posts, or those of any other system, and,
in general, by using any other agency or means of
destruction as effective as those above enumerated,
shall be punished by reclusion temporal if the
commission has endangered the safety of any
person, otherwise, the penalty of prision mayor shall
be imposed.
Elements
1) The offender causes destruction.
2) Destruction is caused by any of the following
means:
a) explosion
b) discharge of electric current
c) inundation, sinking or stranding of a vessel,
or intentional damaging of the engine of
said vessel
d) taking up the rails from a railway track
e) maliciously changing railway signals for the
safety of moving trains
f) destroying telegraph wires and telegraph
posts, or those of any other system
g) using any other agency or means of
destruction as effective as those above
enumerated
CHAPTER NINE MALICIOUS MISCHIEF
Article 327
Who are liable for malicious mischief. - Any person who
shall deliberately cause the property of another any
damage not falling within the terms of the next
preceding chapter shall be guilty of malicious
mischief.
Malicious mischief - willful damaging of another's
property for the sake of causing damage due to hate,
revenge or other evil motive
Elements
1) That the offender deliberately caused
damage to the property of another.
 Malicious mischief cannot be committed
through negligence
 Killing the cow of another as an act of
revenge is malicious mischief
 Malicious mischief embraces those
attempts against another's property
inspired sometimes the mere pleasure of
destroying
2) That such act does not constitute arson or
other crimes involving destruction.
 Damaging of property must not result
from crime
3) That the act of damaging another's property be
committed merely for the sake of damaging
it.
 This third element presupposes that the
offender acted due to hate, revenge or
other evil motive.
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exceeds Two hundred thousand pesos

Other circumstances (₱200,000);
Circumstances Effect/applicable 2) By arresto mayor in its minimum and medium
provisions periods, if such value is over Forty thousand
After damaging the THEFT (Art 308, 309, pesos (₱40,000) but does not exceed Two
property, the offender 310) hundred thousand pesos (₱200,000); and
removes or makes use of 3) By arresto menor or a fine of not less than the
the fruits or objects of the
damage
value of the damage caused and not more
Accused acted willfully, MALICIOUS than Forty thousand pesos (₱40,000), if the
maliciously, unlawfully and MISCHIEF amount involved does not exceed Forty
criminally, not being THROUGH thousand pesos (₱40,000) or cannot be
objected to, includes the RECKLESS estimated.
charge that he acted with IMPRUDENCE
negligence Other mischiefs
 Mischiefs not included in Art. 328 are
Article 328 punished according to the value of the
Special cases of malicious mischief. - Any person who shall damage caused
cause damage to obstruct the performance of public
functions, or using any poisonous or corrosive Other circumstances
substance; or spreading any infection or contagion Circumstances Effect/applicable
among cattle; or who causes damage to the property provisions
of the National Museum or National Library, or to As an act of revenge, the OTHER MISCHIEFS
any archive or registry, waterworks, road, accused and his tenants (Art 329)
promenade, or any other thing used in common by killed the cows which
the public, shall be punished: caused destruction to the
1) By prisión correccional in its minimum and plants
medium periods, if the value of the damage
caused exceeds Two hundred thousand Article 330
pesos (₱200,000); Damage and obstruction to means of communication. - The
2) By arresto mayor if such value does not exceed penalty of prision correccional in its medium and
the abovementioned amount but is over maximum periods shall be imposed upon any person
Forty thousand pesos (₱40,000); and who shall damage any railway, telegraph or
3) By arresto menor, if such value does not exceed telephone lines.
Forty thousand pesos (₱40,000).
If the damage shall result in any derailment of cars,
Special cases of qualified malicious mischief collision or other accident, the penalty of prision
1) Causing damage to obstruct the performance mayor shall be imposed, without prejudice to the
of public functions. criminal liability of the offender for the other
2) Using any poisonous or corrosive substance. consequences of his criminal act.
3) Spreading any infection or contagion among
cattle. For the purpose of the provisions of the article, the
electric wires, traction cables, signal system and
4) Causing damage to the property of the
other things pertaining to railways, shall be deemed
National Museum or National Library, or to to constitute an integral part of a railway system.
any archive or registry, waterworks, road,
promenade, or any other thing used in Circumstances Effect/applicable
common by the public. provisions
If the damage shall result A higher penalty shall be
Causing damage to Sedition in any derailment of cars, imposed
obstruct the collision, or other accident
performance of public The rails are removed DESTRUCTION (Art
functions from a railway track to 324)
cause destruction
Art 328 (1) Art 139
As a result of the damage DAMAGES TO
There is intent to obstruct the performance of public caused to railway, certain MEANS OF
functions passengers of the train are COMMUNICATION
There is no public and There is public and killed but there is no intent (Art 330) with
tumultuous uprising tumultuous uprising to kill on the part of the HOMICIDE (Art 249)
accused
Article 329 There is intent to kill, and MURDER (Art 248)
damaging the railways was
Other mischiefs. - The mischiefs not included in the
the means to accomplish
next preceding article shall be punished: the criminal purpose
1) By arresto mayor in its medium and maximum
periods, if the value of the damage caused
Article 331

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Destroying or damaging statues, public monuments or
paintings. - Any person who shall destroy or damage
statues or any other useful or ornamental public
monument, shall suffer the penalty of arresto mayor in
its medium period to prisión correccional in its
minimum period.
Any person who shall destroy or damage any useful
or ornamental painting of a public nature shall suffer
the penalty of arresto menor or a fine not exceeding
Forty thousand pesos (₱40,000), or both such fine
and imprisonment, in the discretion of the court.
4) Art 332 applies to common-law spouses
5) Art 332 applies only to the simple crimes of
theft, swindling and malicious mischief and not
where any of the said crimes is complexed with
another crime
Reason for the law
The law recognizes the presumed co-ownership of
the property between the offender and the offended
party.

CHAPTER TEN EXEMPTION FROM

CRIMINAL LIABILITY IN CRIMES
AGAINST PROPERTY

Article 332
Persons exempt from criminal liability. - No criminal, but
only civil liability, shall result from the commission
of the crime of theft, swindling or malicious mischief
committed or caused mutually by the following
persons:
1) Spouses, ascendants and descendants, or
relatives by affinity in the same line.
2) The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same shall have passed
into the possession of another; and
3) Brothers and sisters and brothers-in-law and
sisters-in-law, if living together.

The exemption established by this article shall not

be applicable to strangers participating in the
commission of the crime.

Crimes involved in the exemption

1) Theft,
2) Swindling (estafa) – does not include estafa
through falsification
3) Malicious mischief

Persons exempted from criminal liability

1) Spouses, ascendants and descendants, or
relatives by affinity in the same line.
2) The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same passed into the
possession of another.
3) Brothers and sisters and brothers-in-law
and sisters-in-law, living together.

Applicability
1) Art 332 is applicable only when the offender
and the offended party are relatives and
their relationship is any of those mentioned in
said article.
2) An adopted or natural child should also be
considered as relatives included in the term
"descendants"
3) A concubine or paramour should also be
considered within the term "spouses."

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

TITLE XI penalty next lower in

degree*
CRIMES AGAINST CHASTITY
*both defendants are
CHAPTER ONE ADULTERY AND entitled. Art 62 (3) cannot
apply
CONCUBINAGE The married man did not Not liable for
know that the woman was ADULTERY (Art 333)
married but may be liable for
Article 333 CONCUBINAGE (Art
Who are guilty of adultery. - Adultery is committed by 334)
any married woman who shall have sexual
intercourse with a man not her husband and by the
man who has carnal knowledge of her knowing her Effect of the acquittal of one of the defendants
to be married, even if the marriage be subsequently does not operate as a cause for acquittal of the
declared void. other
1) There may not be a joint criminal intent,
Adultery shall be punished by prision correccional in its although there is joint physical act.
medium and maximum periods. 2) One of the parties may be insane and the other
sane, in which case, only the sane could be held
If the person guilty of adultery committed this liable criminally.
offense while being abandoned without justification 3) The man may not know that the woman is
by the offended spouse, the penalty next lower in married, in which case, the man is innocent.
degree than that provided in the next preceding 4) The death of the woman during the pendency
paragraph shall be imposed.
of the action cannot defeat the trial and
conviction of the man
Elements 5) Even if the man had left the country and could
1) That the woman is married; not be apprehended, the woman can be tried
 Semper praesumitur matrimonio and convicted.
 The offended party must be legally
married to the offender at the time of the Effect of pardon
criminal case Art. 344 requires that —
 There is adultery, even if the marriage of 1) The pardon must come before the
the guilty woman with the offended institution of the criminal prosecution; and
husband is subsequently declared void 2) Both the offenders must be pardoned by the
 The essence of adultery is the violation of offended party.
the marital vow
 The gist of the crime of adultery is the Pardon Consent
danger of introducing spurious heirs Must come after the act Granted prior to the
into the family, where the rights of the but before the institution adulterous act
real heirs may be impaired and a man may of a criminal prosecution
be charged with the maintenance of a May be express or implied
family not his own (Adultery is more Bars criminal action Dismisses the criminal
severely punished than concubinage) action
2) That she has sexual intercourse with a man
not her husband; Article 334
 Direct proof of carnal knowledge is not Concubinage. - Any husband who shall keep a mistress
necessary in the conjugal dwelling, or shall have sexual
 Each sexual intercourse constitutes a intercourse, under scandalous circumstances, with a
crime of adultery. The crime of adultery is woman who is not his wife, or shall cohabit with her
an instantaneous crime. Therefore, it is in any other place, shall be punished by prision
not a continuing offense. correccional in its minimum and medium periods.
3) That as regards the man with whom she has
sexual intercourse, he must know her to be The concubine shall suffer the penalty of destierro.
married.
 The man may be single or married Three ways of committing
 Under the law, there is no accomplice in 1) By keeping a mistress in the conjugal
adultery dwelling; or
2) By having sexual intercourse, under
Circumstances Effect/applicable scandalous circumstances, with a woman
provisions who is not his wife; or
Abandonment without MITIGATING 3) By cohabiting with her in any other place.
justification CIRCUMSTANCE –
Elements

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
1) That the man must be married.
2) That he committed any of the following acts:
a) Keeping a mistress in the conjugal
dwelling,
 No positive proof of actual
intercourse is necessary
 It is necessary that the woman is
taken by the accused into the
conjugal dwelling as a concubine
 "Conjugal dwelling" - home of
the husband and wife even if the
wife happens to be temporarily
absent on any account
b) Having sexual intercourse under
scandalous circumstances with a woman
who is not his wife;
 Scandal - consists in any
reprehensible word or deed that
offends public conscience,
redounds to the detriment of the
feelings of honest persons, and
gives occasion to the neighbors'
spiritual damage or ruin.
 The people in the vicinity are the
best witnesses to prove scandalous
circumstances
 When spies are employed, there is
no evidence of scandalous
circumstances
c) Cohabiting with her in any other place.
 Mere cohabitation is sufficient.
Proof of scandalous circumstances
is not necessary
 Cohabit - to dwell together, in the
manner of husband and wife, for
some period of time, as
distinguished from occasional,
transient interviews for unlawful
intercourse.
3) That as regards the woman, she must know
him to be married.
CHAPTER TWO RAPE AND ACTS OF
LASCIVIOUSNESS
Article 335
When and how rape is committed. - Rape is committed by
having carnal knowledge of a woman under any of
the following circumstances:
1) By using force or intimidation;
2) When the woman is deprived of reason or
otherwise unconscious; and
3) When the woman is under twelve years of
age, even though neither of the
circumstances mentioned in the two next
preceding paragraphs shall be present.
The crime of rape shall be punished by reclusion
perpetua.
Whenever the crime of rape is committed with the
use of a deadly weapon or by two or more persons,
the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the
victim has become insane, the penalty shall be death.
When rape is attempted or frustrated and a homicide
is committed by reason or on the occasion thereof,
the penalty shall be likewise death.
When by reason or on the occasion of the rape, a
homicide is committed, the penalty shall be death.
(As amended by R.A. 2632, approved June 18, 1960,
and R.A. 4111, approved June 20, 1964).
 Article 335 has been repealed by Rep.
Act. No. 8353, otherwise known as the
“Anti-Rape Law of 1997”
Article 336
Acts of lasciviousness. - Any person who shall commit
any act of lasciviousness upon other persons of
either sex, under any of the circumstances
mentioned in the preceding article, shall be punished
by prision correccional.
Elements
1) That the offender commits any act of
lasciviousness of lewdness;
 Lewd - obscene, lustful, indecent,
lecherous. It signifies the form of
immorality which has relation to moral
impurity; or that which is carried on a
wanton manner.
 Lascivious conduct – intentional
touching, either directly or through
clothing, of the genitalia, anus, groin,
breast, inner thigh, or buttocks, or the
introduction of any object into the
genitalia, anus or mouth, of any person,
whether of the same or opposite sex, with
an intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual
desire of any person, bestiality,
masturbation, lascivious exhibition of the
genitals or public area of a person.
 Motive of lascivious acts is not important
 There is no attempted or frustrated
crime of acts of lasciviousness
2) That the act of lasciviousness is committed
against a person of either sex;
3) That it is done under any of the following
circumstances;
a) By using force or intimidation; or
 It is not necessary that the
intimidation or physical force be
irresistible, it being sufficient that
some violence or moral
compulsion
b) When the offended party is deprived of
reason or otherwise unconscious;
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

c) By means of fraudulent machination or RA 7610

grave abuse of authority; Special Protection of Children Against Abuse,
d) When the offended party is under 16* Exploitation and Discrimination Act
years of age or is demented *(RA 11648) Section 5. Child Prostitution and Other Sexual Abuse. –
Children, whether male or female, who for money,
Acts of lasciviousness Grave coercion profit, or any other consideration or due to the
Art 336 Art 286 coercion or influence of any adult, syndicate or group,
The lewd designs are The compulsion is the indulge in sexual intercourse or lascivious conduct, are
constitutive of the very act constituting the deemed to be children exploited in prostitution and
offense offense other sexual abuse.

Offenses against Abuses against The penalty of reclusion temporal in its medium period to
chastity chastity reclusion perpetua shall be imposed upon the following:
Title XI Art 245
Committed by a private Committed by a public a) Those who engage in or promote, facilitate or
individual (gender officer induce child prostitution which include, but are
specific) not limited to, the following:
Necessary that some Mere immoral or 1) Acting as a procurer of a child prostitute;
actual act of indecent proposal made
2) Inducing a person to be a client of a child
lasciviousness should earnestly and
have been executed by persistently is sufficient prostitute by means of written or oral
the offender advertisements or other similar means;
3) Taking advantage of influence or
Acts of lasciviousness Attempted/frustrated relationship to procure a child as prostitute;
rape 4) Threatening or using violence towards a
Art 336 Art 266-A child to engage him as a prostitute; or
Manner of committing the crime is the same 5) Giving monetary consideration goods or
The offended party in both crimes is a person of other pecuniary benefit to a child with
either sex intent to engage such child in prostitution.
Lascivious acts are Acts performed by the
themselves the final offender clearly indicate (b) Those who commit the act of sexual
objective sought by the that his purpose was to intercourse of lascivious conduct with a
offender lie with the offended child exploited in prostitution or subject to
woman other sexual abuse; Provided, That when
Lascivious acts are but the victims is under twelve (12) years of
the preparatory acts to age, the perpetrators shall be prosecuted
the commission of rape
under Article 335, paragraph 3, for rape and
Article 336 of Act No. 3815, as amended,
Acts of lasciviousness Unjust vexation
the Revised Penal Code, for rape or
Art 336 Art 287 (2)
lascivious conduct, as the case may be:
The intent is to employ The intent is to annoy or
lewd designs irritate Provided, That the penalty for lascivious
May have employed Without employing any conduct when the victim is under twelve
force or intimidation or force or intimidation (12) years of age shall be reclusion temporal
any of the other in its medium period; and
circumstances
Guidelines in designating or charging the proper
Circumstances Effect/applicable offense
provisions 1) The age of the victim is taken into
Touching the breast of a UNJUST VEXATION consideration in designating or charging the
woman for the purpose of (Art 287 (2)) offense, and in determining the imposable
annoying
When a man embraces ACTS OF penalty.
and kisses a woman and LASCIVIOUSNESS (Art 2) If the victim is under 12 years old –
intentionally fondles her 336) RECLUSION TEMPORAL IN ITS
breast at the same time in MEDIUM PERIOD
a theater where the lights 3) If the victim is 12 years old or over but below
were out and the people's 18 years old, or is 18 years old or older but is
attention was naturally
concentrated on the unable to fully take care of herself/himself or
picture protect herself/himself – RECLUSION
Desistance in the May constitute ACTS OF TEMPORAL IN ITS MEDIUM PERIOD
commission of attempted LASCIVIOUSNESS (Art TO RECLUSION PERPETUA
rape 336)

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Elements of sexual abuse under Sec 5(b) of RA  The fact that the girl gave consent
7610 to the sexual intercourse is no
1) The accused commits an act of sexual defense
intercourse of lascivious conduct
2) The said act is performed with a child exploited Age Applicable crime
in prostitution or subjected to other sexual <12 years old FORCIBLE
abuse ABDUCTION (Art 342)
– If there is taking against
3) The child is below 18 years old the will of a female, even
if she voluntarily goes
with the abductor
CHAPTER THREE SEDUCTION, <16 years old No criminal liability
CORRUPTION OF MINORS, AND when age difference
between the parties is not
WHITE SLAVE TRADE more than 3 years and the
sexual act is consensual,
non-abusive, non-
Article 337 exploitative (XPN: if the
Qualified seduction. - The seduction of a virgin over victim is under 13 years of
sixteen (16) years and under eighteen (18) years of age)
age, committed by any person in public authority,
RAPE (Art 266-A) – If
priest, home-servant, domestic, guardian, teacher, or with carnal knowledge or
any person who, in any capacity, shall be entrusted sexual assault of a child
with the education or custody of the woman below 16
seduced, shall be punished by prision correccional in its
minimum and medium periods. ACTS OF
LASCIVIOUSNESS
(Art 336)– If no sexual
The penalty next higher in degree shall be imposed intercourse with either
upon any person who shall seduce his sister or sex but with lewd designs
descendant, whether or not she be a virgin or over
eighteen years of age. FORCIBLE
ABDUCTION (Art 342)
– If there is taking against
Under the provisions of this Chapter, seduction is the will of a female, even
committed when the offender has carnal knowledge if she voluntarily goes
of any of the persons and under the circumstances with the abductor
described herein. (As amended by RA 11648)
CORRUPTION OF
MINORS (Art 340) -
Seduction - enticing a woman to unlawful sexual Prostitution/corruption
intercourse by promise of marriage or other means of of persons
persuasion without use of force 16 and 1 day to 18 years QUALIFIED
old SEDUCTION (Art 337)
– If by means of abuse of
Two classes confidence
1) Seduction of a virgin over 16* years and
SIMPLE SEDUCTION
under 18 years of age by certain persons, such (Art 338) – If by means of
as, a person in authority, priest, teacher, etc.; deceit
(ABUSE OF CONFIDENCE)
RAPE (Art 266-A) – If
Note: 16 (*RA 11648) and 1 day to 17 and 11 the attendant
months, and 30 days old. circumstances are other
2) Seduction of a sister by her brother, or than age
descendant by her ascendant, regardless of
ACTS OF
her age or reputation. (ABUSE OF LASCIVIOUSNESS
RELATIONSHIP) WITH CONSENT (Art
339)– If no sexual
intercourse with a woman
Elements but with lewd designs and
1) That the offended party is a virgin, which is under abuse of
presumed if she is unmarried and of good confidence
reputation.
ACTS OF
 The virginity to which the Penal LASCIVIOUSNESS
Code refers is not to be understood (Art 336)– If no sexual
in so material a sense as to exclude intercourse of the either
sex but with lewd designs
the idea of abduction of a virtuous and under
woman of good reputation circumstances in rape
2) That she must be over 16 and under 18 years
FORCIBLE
of age. ABDUCTION (Art 342)

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
– If there is taking against
the will of a female
CORRUPTION OF
MINORS (Art 340) -
Prostitution/corruption
of persons
CONSENTED
ABDUCTION (Art 343)
- If there is taking with
consent of a female
Over 18 No liability – If there is
no force or intimidation
and if no lewd designs are
employed
QUALIFIED
SEDUCTION (Art 337)
– If by means of abuse of
relationship
RAPE (Art 266-A) – If
the attendant
circumstances are other
than age
ACTS OF
LASCIVIOUSNESS
WITH CONSENT (Art
339)– If no sexual
intercourse with a woman
but with lewd designs and
under abuse of
relationship
ACTS OF
LASCIVIOUSNESS
(Art 336)– If no sexual
intercourse of the either
sex but with lewd designs
and under
circumstances in rape
FORCIBLE
ABDUCTION (Art 342)
– If there is taking against
the will of a female
3) That the offender has sexual intercourse with
her.
4) That there is abuse of authority, confidence
or relationship on the part of the offender.
 The acts would not be punished
were it not for the character of the
person committing the same, on
account of the excess of power or
abuse of confidence of which
the offender availed himself.
 Deceit is not an element
Offenders
1) Those who abused their authority:
 Person in public authority.
 Guardian.
 Teacher.
 Person who, in any capacity, is
entrusted with the education or
custody of the woman seduced.
2) Those who abused confidence reposed in
them:

Priest.

House servant.

Domestic.
o Domestic - a person usually
living under the same roof,
pertaining to the same house. It
is distinct from a house servant.
3) Those who abused their relationship:
 Brother who seduced his sister.
 Ascendant who seduced his
descendant.
Qualified seduction Rape
Art 337 Art 266-A
There must be sexual intercourse
Any of the One of the
circumstances in the circumstances under Art
crime of rape is not 266-A is present
present
The accused charged with rape cannot be
convicted of qualified seduction under the same
information (as distinguished from AOL)
Circumstances Effect/applicable
provisions
The seduction of a sister QUALIFYING
or descendant* (incest) CIRCUMSTANCE -
penalty is next higher in
* Relationship must be by degree
consanguinity. The relationship
need not be legitimate.
Article 338
Simple seduction. - The seduction of a minor, sixteen
(16)* and over but under eighteen (18) years of age,
committed by means of deceit, shall be punished by
arresto mayor. *(As amended by RA 11648)
Elements
1) That the offended party is over 16 and under
18 years of age.
2) That she must be of good reputation, single or
widow. **(This was eliminated in the
amendment in RA 11648)
3) That the offender has sexual intercourse with
her.
4) That it is committed by means of deceit.
 The man who is willing and ready to
marry the girl seduced by him may be
held liable for simple seduction not by
itself but by the attending
circumstances vitiating such
willingness, as when the man knows
that the girl cannot legally consent to
the marriage
 Not a continuous crime
Article 339
Acts of lasciviousness with the consent of the offended party. -
The penalty of arresto mayor shall be imposed to
punish any other acts of lasciviousness committed
by the same persons and the same circumstances as
those provided in Articles 337 and 338.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Special Protection of Children Against Abuse,

Elements Exploitation and Discrimination Act
1) That the offender commits acts of Section 5. Child Prostitution and Other Sexual Abuse. –
lasciviousness or lewdness. Children, whether male or female, who for money,
2) That the acts are committed upon a woman profit, or any other consideration or due to the
who is virgin or single or widow of good coercion or influence of any adult, syndicate or group,
reputation, under 18 years of age but over indulge in sexual intercourse or lascivious conduct, are
16* years, or a sister or descendant deemed to be children exploited in prostitution and
regardless of her reputation or age. (*RA other sexual abuse.
11648)
3) That the offender accomplishes the acts by The penalty of reclusion temporal in its medium period to
abuse of authority, confidence, reclusion perpetua shall be imposed upon the following:
relationship, or deceit. a) Those who engage in or promote, facilitate or
induce child prostitution which include, but are
Acts of lasciviousness Acts of lasciviousness not limited to, the following:
with consent 1) Acting as a procurer of a child prostitute;
Art 339 Art 336 2) Inducing a person to be a client of a
Offender commits any act of lasciviousness of child prostitute by means of written or oral
lewdness advertisements or other similar means;
Committed against a Committed against a 3) Taking advantage of influence or
woman person of either sex relationship to procure a child as
Offender accomplishes It is done under the prostitute;
the acts by abuse of circumstances in rape 4) Threatening or using violence towards a
authority, confidence, child to engage him as a prostitute; or
relationship, or deceit
5) Giving monetary consideration goods
or other pecuniary benefit to a child with
Circumstances Effect/applicable
provisions intent to engage such child in prostitution.
When victim is under 16* QUALIFYING b) Those who commit the act of sexual
years of age CIRCUMSTANCE - intercourse of lascivious conduct with a child
penalty is one degree exploited in prostitution or subject to other
higher (Sec 10, RA 7610) sexual abuse; Provided, That when the victims
(*RA 11648)
is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article
Article 340 335, paragraph 3, for rape and Article 336 of
Corruption of minors. - Any person who shall promote Act No. 3815, as amended, the Revised Penal
or facilitate the prostitution or corruption of persons
Code, for rape or lascivious conduct, as the
underage to satisfy the lust of another, shall be
case may be: Provided, That the penalty for
punished by prision mayor, and if the culprit is a public
officer or employee, including those in government- lascivious conduct when the victim is under
owned or controlled corporations, he shall also twelve (12) years of age shall be reclusion temporal
suffer the penalty of temporary absolute in its medium period; and
disqualification. (As amended by Batas Pambansa c) Those who derive profit or advantage
Blg. 92) therefrom, whether as manager or owner of
the establishment where the prostitution
Corruption of minors takes place, or of the sauna, disco, bar, resort,
 Habituality or abuse of authority or confidence place of entertainment or establishment
is not necessary serving as a cover or which engages in
 One who casts for his own ends does not incur prostitution in addition to the activity for
the sanction of the law which the license has been issued to said
 A mere proposal will consummate the offense establishment.
 The term "persons under age" provided in
Article 340 of the Revised Penal Code means a Section 6. Attempt To Commit Child Prostitution. – There
person below 18 years of age is an attempt to commit child prostitution under
Section 5, paragraph (a) hereof when any person who,
Circumstances Effect/applicable not being a relative of a child, is found alone with
provisions the said child inside the room or cubicle of a house,
When victim is under 16* QUALIFYING an inn, hotel, motel, pension house, apartelle or
years of age CIRCUMSTANCE - other similar establishments, vessel, vehicle or any
penalty is one degree
higher (Sec 10, RA 7610)
other hidden or secluded area under
(*RA 11648) circumstances which would lead a reasonable
person to believe that the child is about to be
RA 7610 exploited in prostitution and other sexual abuse.

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

There is also an attempt to commit child prostitution, Elements

under paragraph (b) of Section 5 hereof when any 1) That the person abducted is any woman,
person is receiving services from a child in a sauna regardless of her age, civil status, or
parlor or bath, massage clinic, health club and other reputation.
similar establishments. A penalty lower by two (2) 2) That the abduction is against her will.
degrees than that prescribed for the consummated  The taking away of the woman may be
felony under Section 5 hereof shall be imposed upon accomplished by means of deceit first
the principals of the attempt to commit the crime and then by means of violence and
of child prostitution under this Act, or, in the intimidation
proper case, under the Revised Penal Code. 3) That the abduction is with lewd designs.
 Sexual intercourse is not necessary in
Article 341 forcible abduction. The intent to
White slave trade. - The penalty of prision mayor in its seduce the girl is sufficient.
medium and maximum period shall be imposed  Lewd designs are present in hurried
upon any person who, in any manner, or under any ceremony of marriage by force
pretext, shall engage in the business or shall profit by  Intention to marry does not constitute
prostitution or shall enlist the services of any other unchaste designs when both defendant
for the purpose of prostitution (As amended by and the woman have the required age
Batas Pambansa Blg. 186.)
for consenting to marriage
 Actual illicit relations with the woman
Acts penalized
abducted need not be shown. Intent to
1) Engaging in the business of prostitution.
seduce is sufficient
2) Profiting by prostitution.
 Conviction of acts of lasciviousness is
3) Enlisting the services of women for the
not a bar to conviction of forcible
purpose of prostitution.
abduction
 Habituality is not a necessary element
Circumstances Effect/applicable
 Offender need not be the owner of the house provisions
 Maintainer or manager of house of ill-repute There was sexual COMPLEX CRIME OF
need not be present therein at the time of raid intercourse after the FORCIBLE
or arrest forcible abduction, and the ABDUCTION (Art 342)
 Please see discussions in RA 10634 and RA 9775 in offender used force or and RAPE (Art 266-A)
intimidation, or when the
Title 5 of this reviewer woman was deprived of
reason, is demented or
Circumstances Effect/applicable otherwise unconscious, or
provisions the victim was under 12
When victim is under 16* QUALIFYING years of age
years of age CIRCUMSTANCE - Conviction of various It is enough that there was
penalty is one degree defendants for the crime lewd design by one of
higher (Sec 10, RA 7610) of abduction them and that the same
(*RA 11648) was known to the others
Husband abducted his NOT LIABLE FOR
CHAPTER FOUR ABDUCTION wife FORCIBLE
ABDUCTION*
Article 342 *lewd design is wanting
Forcible abduction. - The abduction of any woman Subsequent acts of rape Only one COMPLEX
against her will and with lewd designs shall be after a forcible abduction CRIME OF
punished by reclusion temporal. FORCIBLE
ABDUCTION (Art 342)
The same penalty shall be imposed in every case, if and RAPE (Art 266-A)
the female abducted be under sixteen (16)* years of and three separate acts of
age. (*RA 11648) RAPE (Art 266-A)*

* The crime of forcible

Abduction - taking away of a woman from her house abduction was only necessary
or the place where she may be for the purpose of for the first rape.
carrying her to another place with intent to marry or to The act of appellant in FORCIBLE
corrupt her grabbing the victim while ABDUCTION (Art
she was walking and 342)*
Two kinds of abduction dragging her into the
cornfields, some 40 meters * the attempt to rape her is
1) Forcible abduction. (Art. 342) away from the footpath, absorbed by the abduction,
2) Consented abduction. (Art. 343) where by means of force

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

he tried to have sexual being the element of lewd design The violent taking of a When there is force/
intercourse with her but of the latter woman is motivated by intimidation or fraud
did not perform all the lewd designs
acts necessary to The offended party is a woman
consummate such purpose
The main purpose of KIDNAPPING AND
detention was to coerce SERIOUS ILLEGAL Article 343
the complainant into DETENTION (Art Consented abduction. - The abduction of a virgin over
withdrawing her previous 267), with the rape being sixteen (16)* years and under eighteen (18) years of
charges against appellant an aggravating age, carried out with her consent and with lewd
and the acts of rape were circumstance designs, shall be punished by the penalty of prision
incidental and used as a correccional in its minimum and medium periods.
means to break the girl's (*RA 11648)
spirit and induce her to
dismiss the criminal
charge. Elements
Evidence shows that the FORCIBLE 1) That the offended party must be a virgin
main intent is to remove ABDUCTION (Art 342)  Not to be understood in so material a
the victim from her home only sense as to exclude the idea of
and the intent to seduce abduction of a virtuous woman of
shares equal importance
with the other elements of good reputation
the crime 2) That she must be over 16 and under 18 years
The specific intent is RAPE (Art 266-A) only of age.
carnal knowledge and the 3) That the taking away of the offended party
elements principal to must be with her consent, after solicitation or
forcible abduction are
cajolery from the offender.
present
The accused did not ATTEMPTED  The taking of the virgin need not have
succeed in taking away the FORCIBLE the character of permanency
girl, because of the girl's ABDUCTION (Art 342)  It is sufficient that he was instrumental
resistance and because of in her escape
the intervention of a 4) That the taking away of the offended party
policeman
must be with lewd designs.
Forcible abduction Grave coercion
Circumstances Effect/applicable
Art 342 Art 286 provisions
There is violence or intimidation used by the If the virgin is under 16* FORCIBLE
offender and the offended party is compelled to do years old (*RA 11648) ABDUCTION (Art 342)
something against her will A 15-year-old girl was CONSENTED
Offended party must be Offended party may be induced to leave her home ABDUCTION (Art 343)
a woman any person and later forcibly violated WITH RAPE (Art 266-
Lewd design is an There is no lewd design by the four accused A)
element
CHAPTER FIVE PROVISIONS
Forcible abduction Corruption of minors RELATIVE TO THE PRECEDING
Art 342 Art 340 CHAPTERS OF TITLE ELEVEN
Offended party must be Offended party may be
a woman any person
Lewd design is an There is no lewd design Article 344
element Prosecution of the crimes of adultery, concubinage, seduction,
The purpose is the The purpose is to lend abduction, rape and acts of lasciviousness. - The crimes of
deprivation of liberty her to illicit intercourse adultery and concubinage shall not be prosecuted
with lewd designs with others except upon a complaint filed by the offended
spouse.
Forcible abduction Kidnapping and
The offended party cannot institute criminal
serious illegal
prosecution without including both the guilty
detention
parties, if they are both alive, nor, in any case, if he
Art 342 Art 267
shall have consented or pardoned the offenders.
Lewd design is an Kidnapping of a woman
element without unchaste
The offenses of seduction, abduction, rape* or acts
designs
of lasciviousness, shall not be prosecuted except
upon a complaint filed by the offended party or her
Forcible abduction Kidnapping with rape parents, grandparents, or guardian, nor, in any case,
with rape if the offender has been expressly pardoned by the
above-named persons, as the case may be.

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

In cases of seduction, abduction, acts of Rules on pardon

lasciviousness and rape*, the marriage of the  Pardon must be express in seduction,
offender with the offended party shall extinguish the abduction, rape, or acts of lasciviousness
criminal action or remit the penalty already imposed  Delay in the filing of complaint, if satisfactorily
upon him. The provisions of this paragraph shall explained, does not indicate pardon
also be applicable to the co-principals, accomplices
 It is only when she is dead or otherwise
and accessories after the fact of the above-
incapacitated to grant pardon, that her parents,
mentioned crimes.
grandparents or guardian may do so for her
Prosecution (cannot be prosecuted de oficio)  Pardon by the offended party who is a minor
1) Adultery and concubinage must be prosecuted must have the concurrence of parents (XPN:
upon complaint signed by the offended When the offended girl has no parents who
spouse. could concur in the pardon, she can validly
 The offended party cannot institute extend a pardon even if she is a minor)
criminal prosecution without including
both the guilty parties Effects of marriage
 Both parties must be included in the  Marriage of the offender with the offended
complaint even if one of them is not party in seduction, abduction, acts of
guilty lasciviousness and rape, extinguishes criminal
2) Seduction, abduction, rape* or acts of action or remits the penalty already imposed.
lasciviousness must be prosecuted upon  There must be actual marriage
complaint signed by —  Marriage of parties guilty of adultery or
a) offended party, concubinage is not included
b) her parents,
c) grandparents, or Rape Seduction, abduction
d) guardians in the order in which they are and acts of
lasciviousness
named above.
Crime against persons Crimes against chastity
 A minor has the right to institute the
Marriage extinguishes Marriage extinguishes
prosecution independently of her the criminal action or the the criminal action or the
parents, grandparents, guardian etc. penalty imposed only as penalty imposed also as
XPN: if she is incapable of doing so to the principal to the accomplices and
upon grounds other than her accessories
minority
 The term "guardian" means legal, not Article 345
natural guardian Civil liability of persons guilty of crimes against chastity. -
 In case of complex crimes, where one Person guilty of rape, seduction or abduction, shall
of the component offenses is a public also be sentenced:
crime, the criminal prosecution may be 1) To indemnify the offended woman.
instituted by the fiscal (de oficio). Public 2) To acknowledge the offspring, unless the
interest is always paramount to law should prevent him from so doing.
private interest 3) In every case to support the offspring.
* Pursuant to R.A. No. 8353, the Anti-Rape Law of The adulterer and the concubine in the case
1997, rape is now a crime against persons which provided for in Articles 333 and 334 may also be
sentenced, in the same proceeding or in a separate
may be prosecuted de oficio.
civil proceeding, to indemnify for damages caused to
the offended spouse.
The court motu proprio can dismiss the case for failure
of the aggrieved party to file the proper complaint, Civil liabilities
though the accused never raised the question on Adultery and Rape, seduction, Acts of
appeal, thereby showing the necessity of strict concubinage abduction lasciviousness
compliance with the legal requirement even at the The adulterer 1) To indemnify No civil
cost of nullifying all the proceedings already had and the the offended liability
in the lower court. concubine woman.
are sentenced 2) To
Pardon Consent only to acknowledge
indemnify for the offspring,
Must come after the act Granted prior to the
damages unless the law
but before the institution adulterous act
caused to the should prevent
of a criminal prosecution
offended him from
May be express or implied
spouse doing so.
Must be done by the offended party
3) In every case
Bars criminal action Dismisses the criminal to support the
action offspring.

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Moral damages
 Moral damages may be recovered both by the SUMMARY
offended party and by her parents

Civil liability in rape

 All the accused must support the offspring in
cases of multiple rape
 When three persons, one after another, raped a
woman, not one may be required to recognize
the offspring of the offended woman
 The rules in recognition of the offspring are
espoused in Art 283
 Acknowledgment is disallowed if the offender
is a married man
 Only indemnity is allowed in rape of a married
woman

Article 346
Liability of ascendants, guardians, teachers, or other persons
entrusted with the custody of the offended party. - The
ascendants, guardians, curators, teachers and any
person who, by abuse of authority or confidential
relationships, shall cooperate as accomplices in the
perpetration of the crimes embraced in chapters,
second, third and fourth, of this title, shall be
punished as principals.

Teachers or other persons in any other capacity

entrusted with the education and guidance of youth,
shall also suffer the penalty of temporary special
disqualification in its maximum period to perpetual
special disqualification.

Any person falling within the terms of this article,

and any other person guilty of corruption of minors
for the benefit of another, shall be punished by
special disqualification from filling the office of
guardian.

Persons who cooperate as accomplices but are

punished as principals in rape, seduction,
abduction, etc.

1) Ascendants,
2) Guardians,
3) Curators,
4) Teachers, and
5) Any other person, who cooperates as
accomplice with abuse of authority or
confidential relationship.

There is another crime where the accomplice is

punished as principal, and that is the crime of slight
illegal detention. (Art 268, par 2)

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his profession or office, TEMPORARY

shall cooperate in the SPECIAL
execution of any of the DISQUALIFICATION
TITLE XII crimes
CRIMES AGAINST CRIMES AGAINST
Abandonment of a Abandonment of a
THE CIVIL STATUS OF PERSONS legitimate child minor
Art 347 (2) Art 276
CHAPTER ONE SIMULATION OF Offender must be any Offender must be one
BIRTHS AND USURPATION OF CIVIL person who has the custody of
the child
STATUS
The purpose must be to The purpose is to avoid
alter the civil status of the obligation of rearing
Article 347 the child and caring for the child
Simulation of births, substitution of one child for another and
concealment or abandonment of a legitimate child. - The Article 348
simulation of births and the substitution of one child Usurpation of civil status. - The penalty of prision mayor
for another shall be punished by prisión mayor and a shall be imposed upon any person who shall usurp
fine of not exceeding Two hundred thousand pesos the civil status of another, should he do so for the
(₱200,000). purpose of defrauding the offended party or his
heirs; otherwise, the penalty of prision correccional in its
The same penalties shall be imposed upon any medium and maximum periods shall be imposed.
person who shall conceal or abandon any legitimate
child with intent to cause such child to lose its civil Usurping the civil status - is committed when a
status. person represents himself to be another and assumes
the filiation or the parental or conjugal rights of such
Any physician or surgeon or public officer who, in
another person.
violation of the duties of his profession or office,
shall cooperate in the execution of any of the crimes  In order to constitute this crime, the
mentioned in the two (2) next preceding paragraphs, intent of the offender is to enjoy the
shall suffer the penalties therein prescribed and also rights arising from the civil status of
the penalty of temporary special disqualification. the person impersonated

Acts punished Civil status - includes one's public station, or the

1) Simulation of births. rights, duties, capacities and incapacities which
 Simulation of birth - takes place when determine a person to a given class
the woman pretends to be pregnant
when in fact she is not, and on the day Circumstances Effect/applicable
of the supposed delivery, takes the provisions
child of another as her own. Purpose of the QUALIFYING
impersonation is to CIRCUMSTANCE
 The simulation must alter the civil defraud the offended party
status of a person or his heirs
 The fact that the child will be benefited
by the simulation of its birth is not a CHAPTER TWO ILLEGAL MARRIAGES
defense
2) Substitution of one child for another. Article 349
3) Concealing or abandoning any legitimate Bigamy. - The penalty of prision mayor shall be
child with intent to cause such child to lose its imposed upon any person who shall contract a
civil status. second or subsequent marriage before the former
 The child must be legitimate and a fully marriage has been legally dissolved, or before the
developed and living being absent spouse has been declared presumptively dead
 Concealing a legitimate child must be by means of a judgment rendered in the proper
for the purpose of causing it to lose its proceedings.
civil status
Elements
Circumstances Effect/applicable 1) That the offender has been legally married.
provisions Pulido v. People
The unlawful sale of a CRIME UNDER RA Void ab initio marriages
child by its father 9208, as amended by RA To summarize for future preference, the
10364, not punished under
parties are not required to obtain a judicial
this article
Physician or surgeon or SHALL SUFFER THE declaration of absolute nullity of a void ab
public officer who, in PENALTY UNDER initio first and subsequent marriages in
violation of the duties of ART 347 AND order to raise it as a defense in a bigamy case.

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The accused may present testimonial or
documentary evidence such as the judicial
declaration of absolute nullity of the first
and/or subsequent void ab initio marriages
in the criminal prosecution for bigamy.
Voidable marriages
However, if the first marriage is merely
voidable, the accused cannot interpose an
annulment decree as a defense in the
criminal prosecution for bigamy since the
first voidable marriage is considered valid and
subsisting when the second marriage was
contracted. The crime of bigamy, therefore, is
consummated when the second marriage was
celebrated during the subsistence of the
voidable first marriage The same applies if the
second marriage is merely considered as
voidable.
Tenebro v. CA
As a second or subsequent marriage contracted during
the subsistence of petitioner’s valid marriage to
Villareyes, petitioner’s marriage to Ancajas would be
null and void ab initio completely regardless of
petitioner’s psychological capacity or incapacity. Since
a marriage contracted during the subsistence of a
valid marriage is automatically void, the nullity of
this second marriage is not per se an argument for
the avoidance of criminal liability for bigamy.
Pertinently, Article 349 of the Revised Penal Code
criminalizes "any person who shall contract a second
or subsequent marriage before the former marriage has
been legally dissolved, or before the absent spouse has
been declared presumptively dead by means of a
judgment rendered in the proper proceedings". A plain
reading of the law, therefore, would indicate that the
provision penalizes the mere act of contracting a
second or a subsequent marriage during the
subsistence of a valid marriage.

2) That the marriage has not been legally Circumstances Effect/applicable

dissolved or, in case his or her spouse is provisions
absent, the absent spouse could not yet be If the accused, in BIGAMY THROUGH
contracting the second RECKLESS
presumed dead according to the Civil marriage, acting on the IMPRUDENCE
Code. honest belief that he was
 When divorce is obtained abroad by an lawfully divorced from his
alien spouse, the reckoning point is not first wife
the citizenship of the parties at the The second husband or Considered as an
time of the celebration of the wife who knew of first ACCOMPLICE
marriage
marriage, but their citizenship at the The witness who falsely Considered as an
time the valid divorce is obtained vouched for the capacity ACCOMPLICE
abroad by the alien spouse of either of the contracting
capacitating the latter to remarry. parties
 Presumptive death (declaration must
be secured from the court) Bigamy Concubinage
1) No danger of death – 4 years Art 349 Art 334
2) With danger of death – 2 years Offense against civil Offense against chastity
3) That he contracts a second or subsequent status which may be and may be prosecuted
marriage. prosecuted at the only at the instance of
4) That the second or subsequent marriage has all instance of the State the offended party
What characterizes the What characterizes the
the essential requisites for validity.
crime is the celebration crime is the mere
 The marriage must have all the of the second marriage cohabitation by the
requisites and it would be valid were it with the first still husband with a woman
not for the subsistence of the first existing who is not his wife
marriage
 Validity of second marriage is a Article 350
prejudicial question to liability for Marriage contracted against provisions of laws. - The
bigamy. penalty of prision correccional in its medium and
 The second spouse is not necessarily maximum periods shall be imposed upon any person
liable for bigamy who, without being included in the provisions of the
 In the crime of bigamy, it is next preceeding article, shall have not been complied
immaterial whether it is the first or the with or that the marriage is in disregard of a legal
second wife who initiates the action, impediment.
for it is a public offense which can be
denounced not only by the person If either of the contracting parties shall obtain the
consent of the other by means of violence,
affected thereby but even by a civic
intimidation or fraud, he shall be punished by the
spirited citizen who may come to know maximum period of the penalty provided in the next
the same. preceding paragraph.

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Elements
1) That the offender contracted marriage.
 Under this article, the offender must
not be guilty of bigamy
 Conviction of a violation of Art. 350
involves moral turpitude
2) That he knew at the time that —
a) the requirements of the law were not
complied with; or
b) the marriage was in disregard of a legal
impediment.

Circumstances
If either of the contracting
parties obtains the consent
of the other by means of
violence, intimidation or
fraud
Effect/applicable
provisions
AGGRAVATING
CIRCUMSTANCE -
shall be punished by the
maximum period of the
penalty provided in Art
350

Article 351
Premature marriages. - Any widow who shall marry
within three hundred and one (310) days from the
date of the death of her husband, or before having
delivered if she shall have been pregnant at the time
of his death, shall be punished by arresto mayor and a
fine not exceeding 500 pesos.

The same penalties shall be imposed upon any

woman whose marriage shall have been annulled or
dissolved, if she shall marry before her delivery or
before the expiration of the period of three hundred
and one day after the legal separation.
 ARTICLE 351 HAS BEEN REPEALED BY
REPUBLIC ACT NO. 10655, AND ACT
REPEALING THE CRIME OF
PREMATURE MARRIAGE

Article 352
Performance of illegal marriage ceremony. - Priests or
ministers of any religious denomination or sect, or
civil authorities who shall perform or authorize any
illegal marriage ceremony shall be punished in
accordance with the provisions of the Marriage Law.

Performance of illegal Usurpation of

marriage ceremony authority or official
functions
Art 352 Art 177
Presupposes that the Accused is not
priest or minister or civil authorized to solemnize
authority is authorized to marriage
solemnize marriages

 A clergyman who performed a marriage

ceremony, not knowing that one of the
contracting parties is a minor, is not liable.

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

 Even if intended for humor, may be

libelous
TITLE XIII Malice in fact Malice in law
Can be inferred from Can be inferred from
CRIMES AGAINST HONOR the person the nature of the word
CHAPTER ONE LIBEL spoken or written
Used to indicate the Refers to the opening
Section One. - Definitions, forms, and fact that the offender statement in Art 354 –
is prompted by that every defamatory
punishment of this crime. personal ill-will or imputation is
Article 353 spite and speaks not presumed malicious,
Definition of libel. - A libel is public and malicious in response to duty, even if true, if no
imputation of a crime, or of a vice or defect, real or but merely to injure good intention and
imaginary, or any act, omission, condition, status, or the reputation of the justifiable motive for
circumstance tending to cause the dishonor, person defamed making it is shown
discredit, or contempt of a natural or juridical There is actual malice Presumed from a
person, or to blacken the memory of one who is when the offender defamatory imputation
dead. makes the defamatory
statement with the
knowledge that it is
Defamation - includes libel and slander, means the false or with reckless
offense of injuring a person's character, fame or regard of whether it
reputation through false and malicious statements. It is was false or not
that which tends to injure reputation or to diminish the Probable cause for
esteem, respect, good will or confidence in the plaintiff belief in the truth of
or to excite derogatory feelings or opinions about the the matter charged is
plaintiff. It is the publication of anything which is sufficient
injurious to the good name or reputation of another or
tends to bring him into disrepute. 4) That the imputation must be directed to a
natural or juridical person, or one who is
The Revised Penal Code punishes all kinds of attack dead.
against honor and reputation, thereby eliminating once  It is required that the subject is
and for all the idle distinction between calumny and identifiable by at least one third person
insult by intrinsic reference or extraneous
circumstances, although not named
Elements  GR: Defamatory remarks directed at a
1) That there must be an imputation of a crime, group of persons is not actionable
or of a vice or defect, real or imaginary, or any XPN: The statements are all-
act, omission, status or circumstance. embracing or sufficiently specific for
 Imputation of a crime may be implied the victim to be identifiable
from the acts and statements  Libel published in different parts may
 Imputation of criminal intention not be taken together to establish the
libelous identification of the offended party
 An expression of opinion by one affected  Innuendo - it is a clause in the
by the act of another and based on actual indictment or other pleading
fact is not libelous containing an averment which is
2) That the imputation must be made publicly. explanatory of some preceding word or
 Publication - communication of the statement
defamatory matter to some third person 5) That the imputation must tend to cause the
or persons dishonor, discredit or contempt of the
 Delivering the article to the typesetter is person defamed.
sufficient publication
 Sending a letter in a sealed envelope Definitions
through a messenger, is not publication Dishonor — disgrace, shame or ignominy
 Merely composing a libel is not actionable Discredit — loss of credit or reputation;
unless it is published disesteem
3) That the imputation must be malicious. Contempt — state of being despised
 “Praise undeserved is slander in
disguise” - Where the comments are People v. Del Rosario
insincere and intended to ridicule rather Where the alleged slanderous utterances were
than praise the plaintiff, the publication is committed on the same date and at the same
libelous. place, but against two different persons, the

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
situation has given rise to two separate and
individual causes for prosecution. There
are in the case before us, as many offenses
as there were persons defamed.
Test
In determining whether a statement is defamatory, the
words used are construed in their entirety and taken
in their plain, natural and ordinary meaning as they
would naturally be understood by persons reading
them, unless it appears that they were used and
understood in another sense.
Article 354
Requirement for publicity. - Every defamatory
imputation is presumed to be malicious, even if it be
true, if no good intention and justifiable motive for
making it is shown, except in the following cases:
1) A private communication made by any
person to another in the performance of any
legal, moral or social duty; and
2) A fair and true report, made in good faith,
without any comments or remarks, of any
judicial, legislative or other official
proceedings which are not of confidential
nature, or of any statement, report or speech
delivered in said proceedings, or of any other
act performed by public officers in the
exercise of their functions.
Two kinds of privileged communications
1) Absolute - It is not actionable, even if its
author has acted in bad faith
 Narrow and is practically limited to
legislative and judicial proceedings and
other acts of state, including, it is said,
communications made in the discharge
of a duty under express authority of
law, by or to heads of executive
departments of the state, and matters
involving military affairs.
Examples
 statements made by members of
Congress in the discharge of their
functions
 official communications made by
public officers in the performance of
their duties
 allegations or statements made by the
parties or their counsel in their
pleadings or motions or during the
hearing of judicial proceedings,
 answers given by witnesses in reply to
questions propounded to them, in the
course of said proceedings
Provided, that said allegations or
statements are relevant to the issues, and
the answers are responsive or pertinent
to the questions propounded to said
witnesses
Belen v. People
The absolute privilege remains regardless of the
defamatory tenor and the presence of malice, if the
same are relevant, pertinent or material to the cause
in and or subject of the inquiry. Sarcastic, pungent
and harsh allegations in a pleading although tending to
detract from the dignity that should characterize
proceedings in courts of justice, are absolutely
privileged, if relevant to the issues.
The matter to which the privilege does not extend must
be so palpably wanting in relation to the subject matter
of the controversy that no reasonable man can doubt
its irrelevancy and impropriety. In order that a matter
alleged in the pleading may be privileged, it need not,
in any case, be material to the issue presented by the
pleadings; however, it must be legitimately related or so
pertinent to the subject of the controversy that it may
become the subject of inquiry in the course of the trial.
2) conditional or qualified - Those which,
although containing defamatory imputations,
would not be actionable unless made with
malice or bad faith
 This covers the exceptions in Art 354
 Qualified privilege is lost by proof of
malice
 Enumeration under Art 354 is not
an exclusive list of qualifiedly
privileged communication
 Statements made in self defense or in
mutual controversy are often privileged
XPN: Retaliation or vindictiveness
cannot be a basis of self-defense in
defamation
Conditional or qualified privileged
communication
GR: Every defamatory imputation is presumed to be
malicious, even if it be true, if no good intention and
justifiable motive for making it is shown
XPNs: PRIVILEGED COMMUNICATIONS
1) A private communication made by any person
to another in the performance of any legal,
moral or social duty; and
XPN to XPN: If actual malice is proved
Requisites
1) That the person who made the
communication had a legal, moral or
social duty to make the communication,
or, at least, he had an interest to be upheld;
 Legal duty presupposes a
provision of law conferring upon
the accused the duty to
communicate. If there is no
provision of law to that effect, the
accused has no duty to make the
report or communication to
another. The report or
communication is not privileged.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
2) That the communication is addressed to
an officer or a board, or superior, having
some interest or duty in the matter;
 The communication need not be in a
private document
3) That the statements in the communication
are made in good faith without malice (in
fact).
 Unnecessary publicity destroys good
faith
2) A fair and true report, made in good faith,
without any comments or remarks, of any
judicial, legislative or other official proceedings
which are not of confidential nature, or of any
statement, report or speech delivered in said
proceedings, or of any other act performed by
public officers in the exercise of their
functions.
XPNs:
 Fair commentaries
Doctrine of fair comment – This
legal principle means while in general
every discreditable imputation publicly
made is deemed false, because every
man is presumed innocent until his
guilt is judicially proved, and every false
imputation is deemed malicious,
nevertheless, when the discreditable
imputation is directed against a public
person in his public capacity, it is not
necessarily actionable
XPN to XPN: False allegations and
false suppositions
 Attacks upon the private character of
the public officer on matters which are
not related to the discharge of their
official duties (THERE IS
PRESUMPTION OF CRIMINAL
INTENT)
XPN to XPN: Matters of public
interest
Requisites
1) That it is a fair and true report of a
judicial, legislative, or other official
proceedings which are not of confidential
nature, or of a statement, report or speech
delivered in said proceedings, or of any
other act performed by a public officer in
the exercise of his functions;
2) That it is made in good faith; and
3) That it is without any comments or
remarks.
Defamation Criticisms
Follows a public officer Deals only with such
into his private life which things as shall invite
has no connection with public attention or call
the performance of his for public comment
public duties, and falsely
charges him with evil
motives, clearly designed
to destroy his reputation
or besmirch his name
RA 4200
The Anti-Wire Tapping Act
Section 1. Acts penalized
It shall be unlawful for any person, not being
authorized by all the parties to any private
communication or spoken word:
1) to tap any wire or cable, or
2) by using any other device or arrangement,
to secretly overhear, intercept, or record such
communication or spoken word by using a
device commonly known as a dictaphone or
dictagraph or detecta-phone or walkie-talkie or
tape-recorder, or however otherwise described.
It shall also be unlawful for any person, be he a
participant or not in the act or acts penalized in the
next preceding sentence:
1) to knowingly possess any tape record, wire
record, disc record, or any other such record,
or copies thereof, of any communication or
spoken word secured either before or after the
effective date of this Act in the manner
prohibited by this law; or
2) to replay the same for any other person or
persons; or
3) to communicate the contents thereof, either
verbally or in writing; or
4) to furnish transcriptions thereof, whether
complete or partial, to any other person.
Provided, That the use of such record or any copies
thereof as evidence in any civil, criminal
investigation or trial of offenses mentioned in
section 3 hereof, shall not be covered by this
prohibition.
Section 2. Penalties
Any person who willfully or knowingly does or who
shall aid, permit, or cause to be done any of the acts
declared to be unlawful in the preceding section or who
violates the provisions of the following section or of
any order issued thereunder, or aids, permits, or causes
such violation shall, upon conviction thereof, be
punished by imprisonment for not less than six months
or more than six years and with the accessory penalty
of perpetual absolute disqualification from public
office if the offender be a public official at the time of
the commission of the offense, and, if the offender is
an alien he shall be subject to deportation proceedings.
Section 3. Nothing contained in this Act, however,
shall render it unlawful or punishable for any peace
officer, who is authorized by a written order of the
Court, to execute any of the acts declared to be
unlawful in the two preceding sections in cases
involving the crimes of treason, espionage,
provoking war and disloyalty in case of war,
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
piracy, mutiny in the high seas, rebellion,
conspiracy and proposal to commit rebellion,
inciting to rebellion, sedition, conspiracy to
commit sedition, inciting to sedition, kidnapping
as defined by the Revised Penal Code, and
violations of Commonwealth Act No. 616,
punishing espionage and other offenses against
national security: Provided, That such written order
shall only be issued or granted upon written
application and the examination under oath or
affirmation of the applicant and the witnesses he
may produce and a showing:
1)that there are reasonable grounds to believe that any
of the crimes enumerated hereinabove has been
committed or is being committed or is about to be
committed: Provided, however, That in cases
involving the offenses of rebellion, conspiracy and
proposal to commit rebellion, inciting to rebellion,
sedition, conspiracy to commit sedition, and
inciting to sedition, such authority shall be granted
only upon prior proof that a rebellion or acts of
sedition, as the case may be, have actually been or are
being committed;
2) that there are reasonable grounds to believe that
evidence will be obtained essential to the conviction of
any person for, or to the solution of, or to the
prevention of, any of such crimes; and
3) that there are no other means readily available for
obtaining such evidence.
The order granted or issued shall specify:
1) the identity of the person or persons whose
communications, conversations, discussions,
or spoken words are to be overheard,
intercepted, or recorded and, in the case of
telegraphic or telephonic communications, the
telegraph line or the telephone number
involved and its location;
2) the identity of the peace officer authorized
to overhear, intercept, or record the
communications, conversations, discussions,
or spoken words;
3) the offense or offenses committed or
sought to be prevented; and
4) the period of the authorization. The
authorization shall be effective for the period
specified in the order which shall not exceed
sixty (60) days from the date of issuance of
the order, unless extended or renewed by
the court upon being satisfied that such
extension or renewal is in the public
interest.
All recordings made under court authorization shall,
within forty-eight hours after the expiration of the
period fixed in the order, be deposited with the court
in a sealed envelope or sealed package, and shall
be accompanied by an affidavit of the peace officer
granted such authority stating the number of
recordings made, the dates and times covered by each
recording, the number of tapes, discs, or records
included in the deposit, and certifying that no
duplicates or copies of the whole or any part thereof
have been made, or if made, that all such duplicates or
copies are included in the envelope or package
deposited with the court. The envelope or package so
deposited shall not be opened, or the recordings
replayed, or used in evidence, or their contents
revealed, except upon order of the court, which shall
not be granted except upon motion, with due notice
and opportunity to be heard to the person or persons
whose conversation or communications have been
recorded.
The court referred to in this section shall be
understood to mean the Court of First Instance
within whose territorial jurisdiction the acts for which
authority is applied for are to be executed.
Sec 16, RA 11479
Requirements
1) file an ex-parte application with the CA for
the issuance of an order, to compel
telecommunications service providers (TSP)
and internet service providers (ISP) to
produce all customer information and
identification records as well as call and text
data records, content and other cellular or
internet metadata of any person suspected of
any of the crimes defined and penalized
under the provisions of this Act
2) furnish the National Telecommunications
Commission (NTC) a copy of said
application. The NTC shall likewise be
notified upon the issuance of the order for
the purpose of ensuring immediate
compliance.
Section 4. Any communication or spoken word, or the
existence, contents, substance, purport, effect, or
meaning of the same or any part thereof, or any
information therein contained obtained or secured by
any person in violation of the preceding sections of this
Act shall not be admissible in evidence in any
judicial, quasi-judicial, legislative or
administrative hearing or investigation.
Gaanan v. Intermediate Appellate Court
The law refers to a "tap" of a wire or cable or the
use of a "device or arrangement" for the purpose of
secretly overhearing, intercepting or recording the
communication. There must be either a physical
interruption through a wiretap or the deliberate
installation of a device or arrangement in order to
overhear, intercept, or record the spoken words.
An extension telephone cannot be placed in the
same category as a dictaphone, dictagraph or the
other devices enumerated in Section 1 of Republic
Act No. 4200 as the use thereof cannot be considered
as "tapping" the wire or cable of a telephone line.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Article 355
Libel by means of writings or similar means. — A libel
committed by means of writing, printing,
lithography, engraving, radio, phonograph, painting,
theatrical exhibition, cinematographic exhibition, or
any similar means, shall be punished by prisión
correccional in its minimum and medium periods or a
fine ranging from Forty thousand pesos (₱40,000) to
One million two hundred thousand pesos
(₱1,200,000), or both, in addition to the civil action
which may be brought by the offended party.
A libel may be committed by means of:
1) Writing,
2) Printing,
3) Lithography,
4) Engraving,
5) Radio,
 The word "radio" used in said Art 355,
should be considered in relation to the
terms with which it is associated —
writing, printing, engraving,
phonograph, etc. — all of which have a
common characteristic, namely, their
permanent nature as a means of
publication, and this explains the graver
penalty for libel than that prescribed for
oral defamation
 Defamation through amplifier is not
libel, but oral defamation
6) Phonograph,
7) Painting,
8) Theatrical exhibition
9) Cinematographic exhibition
10) any similar means
 Defamation made in the television
program is libel
PENALTY FOR LIBEL; ADMINISTRATIVE
CIRCULAR 08-2008
1) This Administrative Circular does NOT
remove imprisonment as an alternative
penalty for the crime libel under Article 355 of
the Revised Penal Code
2) The Judges concerned may, in the exercise of
sound discretion, and taking into consideration
the peculiar circumstances of each case,
determine whether the imposition of a fine
alone would best serve the interests of
justice or whether forbearing to impose
imprisonment would depreciate the
seriousness of the offense, work violence
on the social order, or otherwise be
contrary to the imperative of justice;
3) Should only a fine be imposed and the accused
be unable to pay the fine, there is no legal
obstacle to the application of the Revised
Penal Code provision on subsidiary
imprisonment.
Article 33, Civil Code
In cases of defamation, fraud, and physical injuries
a civil action for damages, entirely separate and
distinct from the criminal action, may be brought by
the injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall
require only a preponderance of evidence.
Article 356
Threatening to publish and offer to prevent such publication
for a compensation. - The penalty of arresto mayor or a
fine from Forty thousand pesos (₱40,000) to Four
hundred thousand pesos (₱400,000), or both, shall
be imposed upon any person who threatens another
to publish a libel concerning him or the parents,
spouse, child, or other member of the family of the
latter, or upon anyone who shall offer to prevent the
publication of such libel for a compensation or
money consideration.
Blackmail - in its metaphorical sense, may be defined
as any unlawful extortion of money by threats of
accusation or exposure.
 May be possible in the following
crimes:
1) Light threats. (Art 283)
2) Threatening to publish, or offering
to prevent the publication of, a libel
for compensation. (Art 356)
Acts punished under Art 356
1) By threatening another to publish a libel
concerning him, or his parents, spouse, child,
or other members of his family.
2) By offering to prevent the publication of such
libel for compensation, or money
consideration.
Article 357
Prohibited publication of acts referred to in the course of official
proceedings. - The penalty of arresto mayor or a fine of
Forty thousand pesos (₱40,000) to Two hundred
thousand pesos (₱200,000), or both, shall be
imposed upon any reporter, editor or manager of a
newspaper, daily or magazine, who shall publish
facts connected with the private life of another and
offensive to the honor, virtue and reputation of said
person, even though said publication be made in
connection with or under the pretext that it is
necessary in the narration of any judicial or
administrative proceedings wherein such facts have
been mentioned.
Gag Law
The provisions of Art. 357 constitute the so-called
"Gag Law." Newspaper reports on cases pertaining to
adultery, divorce, issues about the legitimacy of
children, etc., will necessarily be barred from
publication.
Elements
1) That the offender is a reporter, editor or
manager of a newspaper daily or magazine.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
2) That he publishes facts connected with the
private life of another.
3) That such facts are offensive to the honor,
virtue and reputation of said person.
RA 1477
Section 1. Section one of Republic Act Numbered
Fifty-three is amended to read as follows:
"Sec. 1. Without prejudice to his liability under the civil
and criminal laws, the publisher, editor, columnist
or duly accredited reporter of any newspaper,
magazine or periodical of general circulation cannot
be compelled to reveal the source of any news-
report or information appearing in said
publication which was related in confidence to
such publisher, editor or reporter unless the court
or a House or committee of Congress finds that
such revelation is demanded by the security of the
State."
GR: A newspaper reporter cannot be compelled to
reveal the source of the news report he made
XPN: The Court or a House or committee of Congress
finds that such revelation is demanded by the security
of the State
Article 358
Slander. - Oral defamation shall be punished by arresto
mayor in its maximum period to prisión correccional in
its minimum period if it is of a serious and insulting
nature; otherwise the penalty shall be arresto menor or
a fine not exceeding Twenty thousand pesos
(₱20,000).
Slander - libel committed by oral (spoken) means,
instead of in writing. The term oral defamation or
slander as now understood, has been defined as the
speaking of base and defamatory words which tend to
prejudice another in his reputation, office, trade,
business or means of livelihood.
Two kinds of oral defamation
1) Simple slander.
2) Grave slander, when it is of a serious and
insulting nature.
Factors that determine the gravity of oral
defamation
1) expressions used
 Calling a person a gangster is simple
slander
 The word "puta" does not impute that
the complainant is a prostitute
 Uttering defamatory words in the heat
of anger
 Saying “putangina” is not considered
oral defamation since it is usually said
to express anger or displeasure
2) personal relations of the accused and the
offended party
3) circumstances surrounding the case
4) social standing and the position of the
offended party are also taken into account.
 Slander against a higher public ranking
official who has served to different
government offices is grave
 Slander against a public school teacher
in the presence of co-teachers and
students is grave
Article 359
Slander by deed. - The penalty of arresto mayor in its
maximum period to prisión correccional in its minimum
period or a fine ranging from Twenty thousand
pesos (₱20,000) to One hundred thousand pesos
(₱100,000) shall be imposed upon any person who
shall perform any act not included and punished in
this title, which shall cast dishonor, discredit or
contempt upon another person. If said act is not of
a serious nature, the penalty shall be arresto menor or
a fine not exceeding Twenty thousand pesos
(₱20,000).
Slander by deed - is a crime against honor which is
committed by performing any act which casts
dishonor, discredit, or contempt upon another person.
Elements
1) That the offender performs any act not
included in any other crime against honor.
2) That such act is performed in the presence
of other person or persons.
3) That such act casts dishonor, discredit or
contempt upon the offended party.
 There must be intention to cause
shame and humiliation
 Pointing a dirty finger constitutes
simple slander by deed
 Fighting the offended party with
intention to insult him is slander by
deed
Two kinds
1) Simple slander by deed
2) Grave slander by deed, that is, which is of a
serious nature.
Slander by deed Slander
Art 359 Art 358
Performance of an act Words spoken
Determination of seriousness
There is no fixed standard in determining whether a
slander is serious or not; hence, the courts have
sufficient discretion to determine the same, basing
the finding on the attendant circumstances and matters
relevant thereto.
 Slander in the heat of passion and without
thinking of the highly offensive character of
what she would do is light
Slander by deed Acts of lasciviousness
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Art 359 Art 336 a public officer whose office is in the City of Manila
Acting to cast dishonor There must be the at the time of the commission of the offense, the
without lewd designs element of lewd designs action shall be filed in the Court of First Instance of
the City of Manila, or of the city or province where
Slander by deed Maltreatment the libelous article is printed and first published, and
Art 359 Art 266 (3) in case such public officer does not hold office in the
The offended party The nature and effects City of Manila, the action shall be filed in the Court
suffered from shame or of the maltreatment of First Instance of the province or city where he
humiliation caused by determine the crime held office at the time of the commission of the
the maltreatment, it is committed offense or where the libelous article is printed and
slander by deed first published and in case one of the offended
parties is a private individual, the action shall be filed
Slander by Acts of Unjust in the Court of First Instance of the province or city
deed lasciviousness vexation where he actually resides at the time of the
Art 287 (2) commission of the offense or where the libelous
Art 359 Art 336
matter is printed and first published: Provided,
There is irritation or annoyance
further, That the civil action shall be filed in the same
In addition to In addition to Without any
court where the criminal action is filed and vice
the irritation or the annoyance other
versa: Provided, furthermore, That the court where
annoyance, or irritation, concurring
the criminal action or civil action for damages is first
there was there was factor
filed, shall acquire jurisdiction to the exclusion of
attendant present any of
other courts: And, provided, finally, That this
publicity and the
amendment shall not apply to cases of written
dishonor or circumstances
defamations, the civil and/or criminal actions which
contempt provided for in
have been filed in court at the time of the effectivity
Art. 335 of the
of this law.
Code, on rape
Preliminary investigation of criminal action for
Offended party’s complaint written defamations as provided for in the chapter
Effect shall be conducted by the provincial or city fiscal of
Imputation of a crime May not be prosecuted the province or city, or by the municipal court of the
de oficio in the following city or capital of the province where such action may
crimes: be instituted in accordance with the provisions of
1) Adultery this article.
2) Concubinage
3) Abduction No criminal action for defamation which consists in
4) Seduction the imputation of a crime which cannot be
5) Acts of prosecuted de oficio shall be brought except at the
lasciviousness instance of and upon complaint expressly filed by
Imputation of of a vice May be prosecuted de the offended party. (As amended by R.A. 1289,
or defect, real or oficio approved June 15, 1955, R.A. 4363, approved June
imaginary, or any act, 19, 1965).
omission, status or
circumstance Persons responsible for libel
1) The person who publishes, exhibits or causes
Article 360 the publication or exhibition of any defamation
Persons responsible. - Any person who shall publish, in writing or similar means. (Art. 360, par 1)
exhibit, or cause the publication or exhibition of any 2) The author or editor of a book or pamphlet.
defamation in writing or by similar means, shall be 3) The editor or business manager of a daily
responsible for the same. newspaper magazine or serial publication. (Art
360, par 2)
The author or editor of a book or pamphlet, or the
editor or business manager of a daily newspaper, 4) The owner of the printing plant which
magazine or serial publication, shall be responsible publishes a libelous article with his consent
for the defamations contained therein to the same and all other persons who in any way
extent as if he were the author thereof. participate in or have connection with its
publication.
The criminal and civil action for damages in cases of
written defamations as provided for in this chapter, Lack of participation and knowledge in the
shall be filed simultaneously or separately with the preparation of libelous articles does not shield
court of first instance of the province or city where the persons responsible for libel from liability. It
the libelous article is printed and first published or is not a matter of whether they conspired in
where any of the offended parties actually resides at preparing and publishing the subject articles,
the time of the commission of the offense: Provided, because the law simply so states that they are
however, That where one of the offended parties is liable as they were the author.

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
Agbayani v. Sayo
Rules in venue of criminal and civil actions for damages in case
of written defamations
1) Whether the offended party is a public official
or a private person, the criminal action may be
filed in the Court of First Instance of the
province or city where the libelous article is
printed and first published.
2) If the offended party is a private individual,
the criminal action may also be filed in the
Court of First Instance of the province where
he actually resided at the time of the
commission of the offense.
3) If the offended party is a public officer whose
office is in Manila at the time of the
commission of the offense, the action may be
filed in the Court of First Instance of Manila.
4) If the offended party is a public officer
holding office outside of Manila, the action
may be filed in the Court of First Instance of
the province or city where he held office at the
time of the commission of the offense.
 Libel is an exception to the venue of courts
in the Rules of Court
Other rules in jurisdiction
1) The civil action shall be filed in the same
court where the criminal action is filed and
vice versa.
2) The court where the criminal action or civil
action for damages is first filed shall
acquire jurisdiction to the exclusion of
other courts.
Damages in defamation
 Actual damages need not be proved, at least
where the publication is libelous per se or when
the amount of the award is more or less
nominal.
 An action for exemplary damages in libel may
be awarded if the action is based on quasi-delict
 No remedy for damages for slander or libel in
case of absolutely privileged communication
Article 361
Proof of the truth. - In every criminal prosecution for
libel, the truth may be given in evidence to the court
and if it appears that the matter charged as libelous
is true, and, moreover, that it was published with
good motives and for justifiable ends, the
defendants shall be acquitted.
Proof of the truth of an imputation of an act or
omission not constituting a crime shall not be
admitted, unless the imputation shall have been
made against Government employees with respect
to facts related to the discharge of their official
duties.
In such cases if the defendant proves the truth of the
imputation made by him, he shall be acquitted.
Proof of truth
 cannot be made to rest upon mere hearsay,
rumors or suspicion
 must rest upon positive, direct evidence upon
which a definite finding may be made by the
Court
When proof of truth is admissible
1) When the act or omission imputed
constitutes a crime regardless of whether the
offended party is a private individual or a
public officer.
2) When the offended party is a Government
employee, even if the act or omission imputed
does not constitute a crime, provided, it is
related to the discharge of his official
duties.
Three requisites of defense in defamation
1) If it appears that the matter charged as libelous
is true
2) It was published with good motives
3) And for justifiable ends
Retraction
 may mitigate the damages
 should contain an admission of the falsity of
the libelous publication and evince a desire to
repair the wrong occasioned thereby
 That the publication of the article was an
honest mistake is not a complete defense but
serves only to mitigate damages where the
article is libelous per se
Article 362
Libelous remarks. - Libelous remarks or comments
connected with the matter privileged under the
provisions of Article 354, if made with malice, shall
not exempt the author thereof nor the editor or
managing editor of a newspaper from criminal
liability.
 the author or the editor of a publication who
distorts, mutilates or discolors the official
proceedings reported by him, or add
comments thereon to cast aspersion on the
character of the parties concerned, is guilty of
libel, notwithstanding the fact that the
defamatory matter is published in connection
with a privileged matter.
CHAPTER TWO INCRIMINATORY
MACHINATIONS
Article 363
Incriminating innocent person. - Any person who, by any
act not constituting perjury, shall directly incriminate
or impute to an innocent person the commission of
a crime, shall be punished by arresto mayor.
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

Elements  It is akin to slander by deed, in that the

1) That the offender performs an act. offender does not avail directly of written or
2) That by such act he directly incriminates or spoken words, pictures or caricatures to
imputes to an innocent person the ridicule his victim but of some ingenious, crafty
commission of a crime. and secret plot, producing the same effect.
3) That such act does not constitute perjury.
Intriguing against Incriminating
Incriminating Perjury honor innocent person
innocent person Art 364 Art 363
Art 363 Art 183, 184 Offender resorts to an Offender performs an
Performing an act by The gravamen of the intrigue for the purpose act by which he directly
which the offender offense is the of blemishing the honor incriminates or imputes
directly incriminates or imputation itself, falsely or reputation of another to an innocent person
imputes to an innocent made person the commission of a
person the commission crime
of a crime
Limited to the act of Giving of false Intriguing against Slander
planting evidence and statement under oath or honor
the like, in order to the making of a false Art 364 Art 358
incriminate an innocent affidavit, imputing to a Source or the author of Source of the
person person the commission the derogatory information can be
of a crime information cannot be pinpointed and
determined and the definitely determined
Incriminatory Defamation defendant borrows the
machinations same and, without
Art 363, 364 Art 355, 356, 357, 358, subscribing to the truth
359 thereof, passes it to
Offender does not avail The imputation made by others
himself of written or the offender must be
spoken words in public and malicious,
besmirching the victim's and, besides, must be
reputation calculated to cause the
dishonor, discredit or
contempt of the
aggrieved party

Other circumstances
Circumstances
Incriminating an innocent
person through unlawful
arrest
Effect/applicable
provisions
COMPLEX CRIME OF
INCRIMINATING AN
INNOCENT PERSON
AND UNLAWFUL
ARREST

RA 9165 should apply if the evidence planted is drugs

Sec 29, RA 9165
Comprehensive Dangerous Drugs Act of 2002
Section 29. Criminal Liability for Planting of
Evidence. – Any person who is found guilty of
"planting" any dangerous drug and/or controlled
precursor and essential chemical, regardless of quantity
and purity, shall suffer the penalty of death.

Article 364
Intriguing against honor. - The penalty of arresto menor or
fine not exceeding Twenty thousand pesos
(₱20,000) shall be imposed for any intrigue which
has for its principal purpose to blemish the honor or
reputation of a person.

Intriguing against honor

 Intriguing against honor is any scheme or plot
by means which consist of some trickery

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
TITLE XIV
QUASI-OFFENSES
SOLE CHAPTER: CRIMINAL
NEGLIGENCE
Article 365
Imprudence and negligence.— Any person who, by
reckless imprudence, shall commit any act which,
had it been intentional, would constitute a grave
felony, shall suffer the penalty of arresto mayor in its
maximum period to prisión correccional in its medium
period; if it would have constituted a less grave
felony, the penalty of arresto mayor in its minimum
and medium periods shall be imposed; if it would
4 ways to commit quasi-offenses
have constituted a light felony, the penalty of arresto
menor in its maximum period shall be imposed.
Any person who, by simple imprudence or
negligence, shall commit an act which would
otherwise constitute a grave felony, shall suffer the
penalty of arresto mayor in its medium and maximum
periods; if it would have constituted a less serious
felony, the penalty of arresto mayor in its minimum
period shall be imposed.
When the execution of the act covered by this article
shall have only resulted in damage to the property of
another, the offender shall be punished by a fine
ranging from an amount equal to the value of said
damages to three (3) times such value, but which
shall in no case be Less than Five thousand pesos
(₱5,000).
Characteristics of/rules on quasi-offenses
A fine not exceeding Forty thousand pesos
(₱40.000) and censure shall be imposed upon any
person, who, by simple imprudence or negligence,
shall cause some wrong which, if done maliciously,
would have constituted a light felony.
In the imposition of these penalties, the court shall
exercise their sound discretion, without regard to the
rules prescribed in Article 64.
The provisions contained in this article shall not be
applicable:
1) When the penalty provided for the offense is
equal to or lower than those provided in the
first two (2) paragraphs of this article, in
which case the court shall impose the penalty
next lower in degree than that which should
be imposed in the period which they may
deem proper to apply.
2) When, by imprudence or negligence and
with violation of the Automobile Law, the
death of a person shall be caused, in which
case the defendant shall be punished by
prisión correccional in its medium and
maximum periods.
Reckless imprudence consists in voluntarily, but
without malice, doing or failing to do an act from
which material damage results by reason of
inexcusable lack of precaution on the part of the
person performing or failing to perform such act,
taking into consideration his employment or
occupation, degree of intelligence, physical
condition and other circumstances regarding
persons, time and place.
Simple imprudence consists in the lack of precaution
displayed in those cases in which the damage
impending to be caused is not immediate nor the
danger clearly manifest.
The penalty next higher in degree to those provided
for in this article shall be imposed upon the offender
who fails to lend on the spot to the injured parties
such help as may be in his hands to give.
1) By committing through reckless imprudence
any act which, had it been intentional, would
constitute a grave or less grave felony or
light felony. (Par 1)
2) By committing through simple imprudence
or negligence an act which would otherwise
constitute a grave or a less serious felony.
(Par 2)
3) By causing damage to the property of another
through reckless imprudence or simple
imprudence or negligence. (Par 3)
4) By causing through simple imprudence or
negligence some wrong which, if done
maliciously, would have constituted a light
felony. (Par 4)
1) Quasi-offenses are distinct species of crime
and they are dealt with separately from willful
offenses. It not a mere question of
classification or terminology.
Intentional crimes Quasi-offenses
The act itself is What is principally
punished penalized is the
mental attitude or
condition behind
the act, the
dangerous
recklessness, lack of
care or foresight; the
“imprudencia punible."
2) The actual penalty for criminal negligence
bears no relation to the individual willful crime,
but is set in relation to a whole class, or series
of crimes.
3) The technically correct way to allege quasi-
offenses is to state that their commission
results in damage, either to person or property
4) If resulted to damage of property, only fines
and not imprisonment
5) The measure of the damage should be the
difference in value of the property immediately
before the incident and immediately after the
repair
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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

6) Art 64 relative to mitigating and aggravating  or if he is an insane or a minor under

circumstances is not applicable to crimes fifteen years old or 15-18 years old
committed through negligence. The courts with no discernment (Art 12, pars 1
must have ample discretion in its imposition, and 2, as amended by RA 9344)
without being bound by what we may call the  if the act is a mere accident
mathematical formula provided for in Article 3) That it be without malice.
64  Criminal negligence presupposes lack
7) Defendant is not criminally liable for the death of intention to commit the wrong
or injuries caused by his recklessly negligent done, but that it came about due to
acts to trespassers whose presence in the imprudence on the part of the offender
premises he was not aware of Unintentional Reckless
8) Negligence in civil law v. criminal law imprudence/negligence
Intentional Willful crime
Criminal law Civil law Hate, revenge, Malicious mischief
Does not draw a well- 1) Culpa Contractual - other evil
defined demarcation arising from motive
line between negligent contractual
acts that are delictual obligations 4) That material damage results.
and those which are 2) Culpa Aquiliana –
quasi-delictual quasi-delicts Cabugao v. People
3) Culpa Criminal – Medical malpractice
arising from crimes To be sure, whether or not a physician has
committed an inexcusable lack of precaution in
Imprudence v. negligence the treatment of his patient is to be determined
Imprudence Negligence according to the standard of care observed by
Lack of skill - deficiency Lack of foresight - a other members of the profession bearing in
of action/ failure in deficiency of mind the advanced state of the profession at
precaution perception/ failure in the time of treatment or the present state of
advertence medical science.
May be avoided by May be avoided by
taking the necessary paying proper attention
5) That there is inexcusable lack of precaution
precaution once they are and using due diligence
foreseen in foreseeing them on the part of the offender, taking into
consideration —
Definitions a) his employment or occupation;
1) Reckless imprudence - consists in People v. Castillo
voluntarily, but without malice, doing or failing The profession of pharmacy demands care
to do an act from which material damage and skill; and druggists must exercise care
results by reason of inexcusable lack of of a specially high degree, the highest
precaution on the part of the person degree of care known to practical men, so
performing or failing to perform such act, that human life may not constantly be
taking into consideration his employment or exposed to the danger flowing from the
occupation, degree of intelligence, physical substitution of deadly poisons for harmless
condition and other circumstances regarding medicines.
persons, time and place. [Art 365 (8)]
2) Simple imprudence - consists in the lack of b) degree of intelligence, physical
precaution displayed in those cases in which condition; and
the damage impending to be caused is not c) other circumstances regarding persons,
immediate nor the danger clearly manifest. time and place.

RECKLESS IMPRUDENCE/NEGLIGENCE RULES ON TRAFFIC

Elements of reckless imprudence  Where no statute or ordinance
1) That the offender does or fails to do an act. governs the matter, that the vehicle
2) That the doing of or the failure to do that act first entering an intersection is
is voluntary. entitled to the right of way, and it
The act is not voluntary when becomes the duty of the other
(EXEMPTING/JUSTIFYING vehicle likewise approaching the
CIRCUMSTANCES) intersection to proceed with
 accused is compelled to do the act or is sufficient care to permit the
prevented from doing the act by means exercise of such right without the
of irresistible force or because of danger of collision
uncontrollable fear (Art 12, pars 5  Speed limits or driving within a
and 6), certain speed limit is not a guaranty
of due care. The degree of care

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON
required depends upon
circumstances and conditions at a
particular time
RA 4136
Land Transportation and Traffic Code
Applies only where vehicles are approaching the
intersection at approximately same time and not
where one of the vehicles enter the junction
substantially in advance of another
Section 42. Right of way.
(a) When two vehicles approach or enter an
intersection at approximately the same time, the
driver of the vehicle on the left shall yield the right
of way to the vehicle on the right, except as otherwise
hereinafter provided. The driver of any vehicle
traveling at an unlawful speed shall forfeit any
right of way which he might otherwise have
hereunder.
(b) The driver of a vehicle approaching but not having
entered an intersection, shall yield the right of way to a
vehicle within such intersection or turning therein
to the left across the line of travel of such first-
mentioned vehicle, provided the driver of the vehicle
turning left has given a plainly visible signal of
intention to turn as required in this Act.
(c) The driver of any vehicle upon a highway within
a business or residential district shall yield the right
of way to a pedestrian crossing such highway
within a crosswalk, except at intersections where
the movement of traffic is being regulated by a
peace officer or by traffic signal. Every pedestrian
crossing a highway within a business or residential
district, at any point other than a crosswalk shall yield
the right of way to vehicles upon the highway.
(d) The driver of a vehicle upon a highway shall bring
to a full stop such vehicle before traversing any
"through highway" or railroad crossing: Provided,
That when it is apparent that no hazard exists, the
vehicle may be slowed down to five miles per hour
instead of bringing it to a full stop.
Police and other emergency vehicles
Section 49. Right of way for police and other emergency
vehicles. - Upon the approach of any police or fire
department vehicle, or of an ambulance giving
audible signal, the driver of every other vehicle shall
immediately drive the same to a position as near as
possible and parallel to the right-hand edge or
curb of the highway, clear of any intersection of
highways, and shall stop and remain in such
position, unless otherwise directed by a peace officer,
until such vehicle shall have passed.
Motor vehicles
Section 37. Driving on right side of highway. - Unless a
different course of action is required in the interest of
the safety and the security of life, person or property,
or because of unreasonable difficulty of operation in
compliance herewith, every person operating a
motor vehicle or an animal-drawn vehicle on a
highway shall pass to the right when meeting
persons or vehicles coming toward him, and to the
left when overtaking persons or vehicles going the
same direction, and when turning to the left in going
from one highway to another, every vehicle shall be
conducted to the right of the center of the intersection
of the highway.
Overtaking
Section 41. Restrictions on overtaking and passing.
(a) The driver of a vehicle shall not drive to the left side
of the center line of a highway in overtaking or passing
another vehicle proceeding in the same direction,
unless such left side is clearly visible, and is free of
oncoming traffic for a sufficient distance ahead to
permit such overtaking or passing to be made in
safety.
(b) The driver of a vehicle shall not overtake or pass
another vehicle proceeding in the same direction,
when approaching the crest of a grade, not upon a
curve in the highway, where the driver's view along
the highway is obstructed within a distance of five
hundred feet ahead, except on a highway having two
or more lanes for movement of traffic in one direction
where the driver of a vehicle may overtake or pass
another vehicle: Provided, That on a highway within a
business or residential district, having two or more
lanes for movement of traffic in one direction, the
driver of a vehicle may overtake or pass another vehicle
on the right.
Test of negligence
Would a prudent man, in the position of the person
to whom negligence is attributed, foresee harm to
the person injured as a reasonable consequence of
the course about to be pursued? If so, the law
imposes a duty on the actor to refrain from that
course or to take precaution against its mischievous
results, and the failure to do so constitutes
negligence.
Basis for determining the inexcusable lack of
precaution [Art 365 (8)]
In determining the inexcusable lack of precaution on
the part of the offender, the court must consider the
1) employment or occupation,
2)degree of intelligence and physical condition
of the offender, and
3)other circumstances regarding persons, time,
and place
Reckless imprudence v. force majeure
Reckless imprudence Force majeure
Failure to use Events which cannot be
reasonable care to foreseen, or which being
prevent injury, where foreseen is inevitable
immediate personal It implies an
harm or damage to extraordinary
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property, preventable by circumstance Failure to help on the spot QUALIFYING

the exercise of independent of the will CIRCUMSTANCE* –
reasonable care, is of the actor penalty one degree
threatened upon higher
another by reason of the
*must be alleged
course of conduct about
to be pursued by the
actor SIMPLE IMPRUDENCE/NEGLIGENCE
Elements of simple imprudence
Rules on reckless imprudence or negligence 1) That there is lack of precaution on the part of
1) Tire blowout – if it is a mechanical defect the offender.
which can easily be discoverable had the 2) That the damage impending to be caused is not
vehicle been subjected to a more thorough or immediate or the danger is not clearly
rigid checkup before it took the road, then it is manifest.
RECKLESS IMPRUDENCE
2) Failure to detect mechanical defect – if EXCEPTIONS OF ART 365
accused driver assumed the duty of inspecting 1) When the penalty provided for the offense is
the vehicle, RECKLESS NEGLIGENCE equal to or lower than those provided in the
3) Accidents due to failure of brakes – NOT first two paragraphs of this article (Art. 365),
NEGLIGENCE, if the driver did not know in which case the courts shall impose the
or could not have known that the brakes were penalty next lower in degree than that which
defective should be imposed, in the period which they
may deem proper to apply.
Other circumstances Example: The penalty of arresto mayor in its
Circumstances Effect/applicable minimum and medium periods is provided in
provisions the first paragraph of Art. 365 for committing
Prior conviction or BARS SUBSEQUENT any act which, had it been intentional, would
acquittal of reckless PROSECUTION FOR constitute a less grave felony. This penalty
imprudence THE SAME QUASI- should not be imposed if less serious physical
OFFENSE, regardless of
injuries are caused to the offended party
the consequences alleged
for the charges through reckless imprudence, because the
penalty for less serious physical injuries
*constitutionally impermissible committed with malice is arresto mayor. In such
under the double jeopardy case, the penalty of arresto menor, which is
clause next lower in degree than arresto mayor,
Contributory negligence not a defense* — only
MITIGATES criminal
should be imposed to preserve the
liability difference between the penalty for
intentional felony and that for culpable
*one cannot allege the negligence felony.
of another to evade his own 2) When, by imprudence or negligence and with
negligence violation of the Automobile Law, the death of
XPN: When the a person shall be caused, in which case the
proximate cause of the defendant shall be punished by prision
death is the negligence of correccional in its medium and maximum
the deceased himself periods.
Where the concurrent or EITHER IS Sec 56(n) RA 4136
successive negligent acts RESPONSIBLE FOR Land Transportation and Traffic Code
or omission of two or THE WHOLE INJURY
more persons, although
Section 56(n). If, as the result of negligence or
acting independently of reckless or unreasonable fast driving, any
each other are, in accident occurs resulting in death or injury of
combination, the direct any person, the motor vehicle operator at fault
and proximate cause of a shall, upon conviction, be punished under
single injury to a third the provisions of the Revised Penal Code.
person, and it is
impossible to determine in
what proportion each Doctrine of "last clear chance"
contributed to the injury The contributory negligence of the party injured will
A person violating a traffic PRESUMED not defeat the action if it be shown that the accused
regulation NEGLIGENCE* might, by the exercise of reasonable care and prudence,
*negligence cannot be predicated have avoided the consequences of the negligence of the
upon the mere fact of minority injured party.
or lack of an operator's license
Emergency rule

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 FROM THE ANNOTATIONS OF REYES AND DISCUSSIONS OF ATTY RAZON

The rule is stated thus: An automobile driver who, by

the negligence of another and not by his own
negligence, is suddenly placed in an emergency and
compelled to act instantly to avoid a collision or injury
is not guilty of negligence if he makes such a choice
which a person of ordinary prudence placed in such a
position might make even though he did not make the
wisest choice.
 applicable only where the situation which arises
to confront the actor is sudden and
unexpected, and is such as to deprive him of
all opportunity for deliberation

Doctrine of last clear Emergency rule

chance
There is ample or clear The situation is sudden
opportunity to avoid the and unexpected such as
circumstance to deprive him of all
opportunity for
deliberation

Failure to lend help

Failure to lend on the Abandonment of
spot help person in danger and
abandonment of one's
own victim
Art 365 (10) Art 275 (2)
The person in need of The person in need of
help is not his victim of help is one’s own victim
his negligence who he accidentally
wounded or injured

Medical malpractice
 there must be proof of breach of duty on the
part of the surgeon as well as a causal
connection of such breach and the resulting
death of the patient
 other doctors will testify as to the standard of
care needed for a particular circumstance

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