GENERAL PROVISIONS

Criminal Law - is a branch or division of law which defines crimes, treats of their nature and provides for
its punishment

Crime – is an act committed or omitted in violation of the law or public policy forbidding or commanding
it

3. Characteristic of penal law

1. General – Under Art 14 of NCC, Penal laws as well as those of security and safety shall be
obligatory upon all those living or sojourn into the Philippine territory (claiming about
unique character of the person)
EXP to Generality Principle: (PTLC)
a. Treaty stipulations
b. Public international law
c. Laws on Preferential Application. R.A. No. 75 penalizes acts which would impair the
proper observance by the Republic and its inhabitants of the immunities, rights, and
privileges of duly accredited foreign diplomatic representatives in the Philippines.
Immunity of Congress under the Constitution also known as parliamentary immunity
d. Case law – like the law ruling that presidential immunity is still valid despite it being
omitted under 1987 Constitution.
- The civil courts have concurrent jurisdiction over the military courts. Military courts can
tried offenses only if service connected
- Diplomatic vs Consular
2. Territorial – Penal laws are enforceable within the Philippine territory subject to the
conditions of Art 2 (unique character of the place being raise) – (ex. A wife filed a case
against a husband for bigamy after the husband married abroad, cannot prosper since
following the territoriality principle of our penal laws)
3. Prospective – Criminal offense be punishable upon the commission or omission of the crime
- Penal laws cannot be made to have retroactive effect except if it is favorable to the
accused and must not be habitual offender in relation to Article 22. However, Article 22 is
merely a general provisions therefore, it there is a special law which only provides that
penal laws shall be applied retroactively and the only condition is that it is favorable to the
accused, we follows the specific provision following statutory interpretation.
- If the old law fails to penalize the person, he cannot be made to be punished on a
repealing law
- Two types of repeal, partial and absolute. Absolute if it totally decriminalized the act,
partial if it repeals the law but still punish it as it modifies only the precedent law. If the
law totally decriminalize the act, then the accused shall be released.
- Prescribed penalty vs Imposable penalty
- RA10951
Theories in Criminal Law
a. Classical Theory – a person commission of a crime is based on his free will to do good
and evil and the punishment is Retribution. Consistent with the saying that an eye for an
eye, a tooth for a tooth.
b. Positivist Theory – The person act is based on the strange and morbid phenomenon
that condition him to do wrong, man by nature is good
c. Mix Theory – combination of Positivist and Classical
4 principles of Criminal Law (NAPA)
 a. Nullum crimen nulla poena sine lege – There is no crime of there is no law punishing it.
b. Pro reo – All doubts shall be resolved in favor of the accused
c. Actus non facit reum nisi mens sit rea – Act committed without criminal intent is not a
crime
d. Actus me invito factus non est meus actus – An act that is against my will is not my act.
Statutory Construction in penal law
a. Penal laws strictly construed against the state and with liberality against the accused
b. Don’t interpret if the law is clear and not ambiguous, only apply
c. Equipoise – evidence are equally balanced, there is doubt to which side of defense
preponderates
Classification of crime
- Mode of Commission
a. By Dolo (deceit) or by Culpa (fault)
- Stages of execution
a. Attempted
b. Frustrated
c. Consummated
- As to nature
a. Mala in se - violation of moral turpitude, crimes described in penal laws
b. Mala prohibita – Act that is intentionally done, crimes described in special laws (GGMRC)
Mala in se Mala prohibita
Criminal intent essential Criminal Intent not essential. It is enough
that the act is intentionally done
Involves crime of moral turpitude Do not involved crime of moral turpitude
In General, punishable by RPC In General, punishable by special law
Good faith can be invoked as a defense Good faith cannot be invoked
Condemn by society Injurious to public welfare

- As to number
a. Complex
b. Compound
c. Continuing
- As to division
a. Formal crime – one time execution (adultery for example, it cannot be made to have
attempted adultery
b. material crime – stages of execution
c.
Art 2 – Except if provided in treaty stipulation or laws of preferential application, Penal Laws is
enforceable not just within the Philippine Archipelago including the atmosphere, internal waters and
maritime zone but also outside the Philippine territory against those who (SPANC)
a. Commit a crime within a Philippine ship or airship
b. Should forge or counterfeit coins or currency note and the obligation and securities of the
government of the Philippines
c. Should be liable for the act connected with the introduction to these island of the obligation and
securities mentioned in the presiding number
d. Commit offenses in the performance of the duties as a public official and employee
e. Should commit act against national security and law of the nation as defined in Title I Book two of
this code (crimes against public order like rebellion not Pincluded)
  English Rule vis-à-vis French Rule
a. English Rule – criminal offenses done on the crew of merchant vessel are triable within
jurisdiction of the State where it is dock
b. French Rule – The state where the ship belongs to has the jurisdiction over its crew except if
the offenses involves threat to public security and peace and order, then the country having
jurisdiction where the vessel is dock, can exercise jurisdiction over such vessel.
c. Embassy Rule and Warship Rule – extension of the sovereignty of the State. However, if the
Embassy State will waive his jurisdiction of the crime despite it being committed in the such
embassy, the country can exercise jurisdiction
 People vs Puling – Principle of extra-territoriality also applicable for offenses committed under
Special laws, not just limited to RPC

Art 3 – Acts or omissions in violation of this Code are called felonies. Felonies maybe by deceit (dolo) or
by fault (culpa). There is deceit if there is deliberate intent. There is fault if the wrongful act resulted to
imprudence, negligence, lack of foresight, lack of skills.
 Felonies - Felonies are acts or omissions punishable by the RPC. If it is not punished under the
RPC, it is called an offense. Felonies can either be:
a. Intentional Felonies – with malicious intent
- If there is Intentional Felonies, then there is deceit (dolo), the requisites of dolo are:
1) Criminal Intent – deliberate intent
2) Freedom – human free will
3) Intelligence – ability to distinguish
b. Culpable Felonies – No malicious intent
- If there is culpable felonies, there is no deceit but there can be fault (culpa), the
requisites of culpa are:
1) Imprudence, Negligence, lack of skills, lack of foresight (Negligence mans there is
deficiency in perception and Imprudence means deficiency in action)
2) Freedom
3) Intelligence
 Intent in General:
1/ Mens Rea – it pertains to the criminal mind. It is the mental state of the offender before,
during, and after the offense was committed. Examples are:
1. In theft, the mens rea is the taking of property belonging to another with intent to gain.
2. In falsification, the mens rea is the commission of forgery with intent to pervert the truth.
3. In robbery, the mens rea is the taking of property belonging to another coupled with the
employment of intimidation or violence upon persons or things.
2/ Actus Reus - Refers to the use of a particular means to effect the desired result.
- General Intent vis-à-vis Specific Intent
a. General Intent –presumed from mere doing of the act (actus reus). The accused
only meant to do an act. (Ex. If the law provides that the punishable act is
something that harms a person , then violation thereof is considered as done
with general intent since it was already presumed). No required proof
b. Specific intent – Not presumed as it is an element of a crime. Intend to cause a
particular result. (Ex. If the If the law provides that the punishable act is
something that harms a person with intent to misconfigure his body, then
violation thereof is considered as done with specific intent and not presumed)
 Mistake of Fact
 1. That the act should have been lawful if it would have been what the accused believes them to
be important reqs) – read vs People vs Oanis
2. That the intent should have been lawful
3. That mistake does not result to fault or carelessness
 Motive - The moving power that compels a person to perform a definite result (wrongful act).
Motive is not an essential element of a crime thereby no need to prove to justify conviction.
- When is motive essential (VIPADE)
a. The act resulted to a variant of crimes
b. The identity of the accused is doubtful
c. The evidence presented is purely circumstantial
d. The direct assault in crimes against persons of authority must be present while they
are not in performance of their duty.
e. To ascertain the truth between two antagonist theories or versions of the killing
f. When there is no eye witness and the suspicion lies on such person
Art 4 – Criminal liability shall be incurred by
1. Any person committing a crime of felony although the wrongful act be different from that intended
(important that the accused is committing a felony otherwise, do not apply Article 4), article 12 on
accident or rules on reckless imprudence as may be applicable)
2. By any person performing and act which would be an offense against person or property were in not
for the inherent impossibility of its accomplishment or on account of employment of inadequate and
ineffectual means.
 Requisites under Art 4 par 1
a. Intentional felonies
b. That the wrong done to the aggrieved party be direct, natural and logical consequences
of the felony
 Causes which may produce a result different from that which the offender intended
1. mistake as to the identity of the victim (error in personae) – Injuring a person which is mistaken
from another. If crime committed is punished with the same penalties as the same as crime
intended, error in personae would not be mitigating circumstances. If punished with different
penalties, the lesser penalty shall be imposed in its maximum period (it becomes a mitigating
circumstance) with the exception of Article 49, par 3:
- Article 49. Penalty to be imposed upon the principals when the crime committed is
different from that intended. - In cases in which the felony committed is different from
that which the offender intended to commit, the following rules shall be observed:
1. If the penalty prescribed for the felony committed be higher than that
corresponding to the offense which the accused intended to commit, the penalty
corresponding to the latter shall be imposed in its maximum period.
2. If the penalty prescribed for the felony committed be lower than that corresponding
to the one which the accused intended to commit, the penalty for the former shall be
imposed in its maximum period.
3. The rule established by the next preceding paragraph shall not be applicable if the
acts committed by the guilty person shall also constitute an attempt or frustration of
another crime, if the law prescribes a higher penalty for either of the latter offenses, in
which case the penalty provided for the attempted or the frustrated crime shall be
imposed in its maximum period.
2. Mistake on the blow (aberration ictus) – A person directed the blow at an intended victim, but
because of poor aim, that blow landed on somebody else. In aberratio ictus, the intended victim
and the actual victim are both at the scene of the crime. It gives rise to Complex crime because it
 involves a single act and 3 or more people are involved, (1) against the intended victim:
attempted stage of the felony (2) Against the actual victim: the consummated or frustrated
felony, as the case may be.
3. The injurious result is greater than intended (praeter intentionem). The injurious result is
greater than what is intended – For this to operate, there must be a great disparity between the
means employed and the injurious result. What it means is that the means employed, if
naturally and logically interpreted could have not given such injurious result. Pointing a gun to
someone only to threatened him but instead, accidentally pulled the trigger, praeter
intentionem cannot be made applicable since pulling a gun on someone already signifies intent
to kill such person, no great disparity between the means employed and injurious result
 Doctrine of Proximate Cause – (NUPR) The cause in which, natural and continuous sequence,
unbroken by any efficient intervening cause produces the injury without which, the result would
not have occurred. The Injury is not the proximate cause if
1. An active force intervene between the felony committed and the resulting injury. Must be a
distinct or foreign act.
2. The resulting injury is due to the intentional act of the victim
- Does not require that the offender needs to actually touch the body of the offended
party. It is enough that the offender generated in the mind of the offended party the
belief that made him risk himself.
- The following may not be a sufficient intervening causes (NEWR)
a. The weak and diseased physical condition of the victim (tuberculosis, heap etc.)
b. The nervousness and temperament of the victim (When the accused, because
of his temperament, removed the bandage of his wound thereby causing
infection which resulted to death of the victim – If proven that the victim did so
intentionally as to increase liability, then it will cease concept of proximate
cause
c. Refusal of the injured party to be subjected to medical attendance.
d. Erroneous or unskillfull of the medical and surgical treatment
o In Urbano v. IAC, the court held that the incubation period of tetanus
bacteria is for two weeks therefore, from the moment the wound is
inflicted, such tetanus should have already cured and remedied.
Therefore, any acts that my give risk as to such wound is considered as
efficient intervening cause
 Impossible Crime – Failure to commit a crime because the aims and the means are impossible.
Indicative of criminal propensity. Only crime against persons and property shall be govern under
impossible crime. Kidnapping is exempted because it is a crime against security.
- Requisites of Impossible crime
1. The act is an offense against person or property
2. There is inherent impossibility of its accomplish or on account of employment of
inadequate and ineffectual means
3. there is evil intent
4. Offender believes that the crime has already been consummated
5. Act is not an actual violation of another provision of the code or special law ( a crime of
last resort)
- 2 aspects of impossible crime
1. Legal Impossibility – The act would not amount to crime even if consummated (ex.
Killing an already dead person
 2. Physical impossibility –a circumstances unknown to the accused which prevent the act
for being consummated. (i.e pickpocketing an empty wallet)
- Cases for Impossible Crime
1/ Intod vs CA – An armed man came into the house of their intended victim and rain it
with fire unknowingly notice that their target is not in his room – Disagree with the
decision as the crime constitute malicious mischief, Impossible crime to be applicable, the
criminal act shall not be punishable by RPC or special laws.
2. Jacinto vs People – A check was issued to Jacinto in relation to his job as a collector but
instead of depositing to his employer, deposit to the account of his wife, but sadly, it
bounce back. No crime of qualified theft but instead an offense for impossible crime
committed as it is impossible to remit a check that has no funds at all
Art 5 – If the Court finds the act not punishable by any law, the court may repress such act. The court
must report on the executive branch before the Secretary of Justice on the subject that needs penal
legislation. The same if the court finds a penalty excessive. The court must report on the executive
department before the Secretary of Justice stating the reason and the subject matter of the penal
legislation but must take into consideration the malice and injury employed without suspending the
execution of the sentence.
Art 6 – Consummated felonies as well as those of attempted and frustrated are punishable. The crime is
consummated felonies when all the elements necessary for its execution are present. It is frustrated if
the offender performs all acts of execution which produce felony as a consequences but which,
nevertheless, do not produce by it the reason of cause, independent of the will of perpetrator.
Attempted felonies if the offender commences the commission of the crime directly by overt acts and
does not perform all acts of execution which produce felony by reason of some other causes or accident
other than his own spontaneous desistance
 Development of a crime
1. Internal Acts – The offender merely makes an idea of the intended crime. Not punishable
2. External acts – where the offender already manifested physical employment to satisfy his
crime intended. 2 classification
a. Preparatory Act – tending to commit a crime. In general, preparatory acts are not
punishable since the act itself is indeterminate (the performance of the act is not certain)
unless the law itself provides for it punishment – possession of picklock
b. Acts of execution – act is directly connected to the crime. The offender commences an
overt act which as result would be his intended crime
 Phases of felony:
1. Subjective phase – that portion of execution of the crime starting from the point where the
offender begins up to that point where he still has control over his acts. If the subjective
phase has not yet passed, the felony would be a mere attempt. If it already passed, but the
felony is not produced, as a rule, it is frustrated
2. Objective phase – the offender has performed until the last act and is no longer in control of
its natural course.
 Crimes which do not admit of Frustrated Stage:
1. Rape
2. Bribery
3. Corruption of Public Officers
4. Adultery
5. Physical Injury
6. Theft
7. Robbery (valenzuela case june 21 2007 – nagnakaw sa SM)
  Stages of execution does not apply on (FISOMA)
1. Crimes under Special penal laws
2. Formal crime
3. Impossible crime
4. Crimes consummated by mere attempt – Treason, attempt to flee on enemy country
5. Felonies by omission
6. Crime committed on mere agreement
 Attempted vis-à-vis Frustrated (PIPA)
Attempted Frustrated Consummated
1. Accomplishment Crime Intended not Crime intended not Crime intended
accomplished accomplished accomplished
2. Performance of The offender merely The offender performs The offender performs
the act commences the all acts of execution all acts of execution
commission of the which will produce which will produce
crime directly by overt felony as a felony as a consequence
acts (Overt acts are consequence
some physical activity
or deed, indicating the
intention to commit a
particular crime. If the
overt act appears to
be not indicative of
committing such
crime, then there is no
attempted phase of
felony)
3/ Intervention The intervention of The intervention do not The act resulted to a
some cause or produce by it the felony
accident other than reason of cause
the offenders own independent of the will
spontaneous of the perpetrator
desistance
4/ Phase of felony Subjective phase Objective phase Subjective and objective
phase

Art 7 – Light felonies punishable only when they are consummated with the exception of crime against
person or property
Art 8 –conspiracy and proposal to commit a crime are only punishable only if there is a law specifically
provides for its punishment. There is conspiracy when two or more person came into an agreement
concerning the commission of a crime and decided to commit it. There is proposal when a person who
will commit a crime proposed its execution to other person.
 GR: When conspiracy exists, the degree of participation of each conspirator is not considered
because the act of one is the act of all, they have equal criminal responsibility.
EXP: Even though there was conspiracy, if a co-conspirator merely cooperated in the
commission of the crime with insignificant or minimal acts, such that even without his
cooperation, the crime could be carried out as well, such co-conspirator should be punished as
an accomplice only.
EXP to EXP: When the act constitutes a single indivisible offense.
 Two kinds of Conspiracy:
 1. Conspiracy as a crime – The mere conspiracy is the crime itself.(i.e. Conspiracy to commit
treason, conspiracy to commit rebellion, conspiracy to commit acts like sale, importation
and distribution of drugs, conspiracy to commit access devise fraud, conspiracy to commit
terrorism)
2. Conspiracy as a basis of incurring criminal liability – When the conspiracy is only a basis of
incurring criminal liability, there must be an overt act done before the co-conspirators
become criminally liable.
- A co-conspirator whose participation was suddenly stop by some supervening
causes, can still be held liable as co-conspirator. What matter is his degree of
participation in the crime. (ex. A co-conspirator wasn’t able to contribute his acts
because he was suddenly arrested)
 Ways of Committing Conspiracy:
1. Express Conspiracy – There is an express agreement.
2. Implied Conspiracy – The offenders acted in concert in the commission of the crime. Their
acts are coordinated or synchronized in a way indicative that they are pursuing a common
criminal objective, like there is a spontaneous agreement to commit the crime.
- Legal Effects of implied conspiracy:
1. Not all those who are present at the scene will be considered as conspirators;
2. Only those who participated by criminal acts in the commission of the crime will be
considered as co-conspirators; and
3. Mere acquiescence to or approval of the commission of the crime, without any act
of criminal participation, shall not render one criminally liable as co-conspirator. (there
must be an overt act)
Art 9 – Grave Felonies are those in which the law attaches the capital punishment of penalty which in
any other period, are afflictive, in accordance to Art 25 of this Code.
Less grave felonies are those in which the law punishes with penalty which in their maximum period of
correctional in accordance to the above mentioned art.
Light felonies are infractions of law which imposes a punishment of arresto menor or a fine not
exceeding 200 pesos
Art 10 – Offenses which are in the future are punishable under special laws are not subject to the
provision of this code. This shall be applied supplementary to special laws unless the latter provides for
the contrary

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

1. Justifying Circumstances
2. Exempting Circumstance
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances
 Other acts that can exempt person from Criminal Liability
1. Absolutory cause – Those where the act committed is a crime but for reasons of public policy
and sentiment, there is no penalty imposed. Has the effect of an exempting circumstance. The
following are examples thereof: (SATIS)
a. Spontaneous desistance in attempted felonies
b. When only slight or less serious physical injuries are inflicted by the person who
surprised his/her spouse or daughter in the act of sexual intercourse with another
person. If death or serious physical injuries were inflicted by the accused under the
 situation subject of Art. 247, no absolutory cause can be involved but in effect a
mitigating circumstance is present
c. Accessories in light felonies
d. Accessory is a relative of the principal, except when he has profited or assisted in
profiting
from the effects of the crime
e. Crime of theft, swindling or malicious mischief committed against as spouse, ascendant,
or descendant or if the offender is a brother or sister or brother-in-law or sister-in-law of
the offended party and they are living together
f. Instigation - In instigation, the offender simply acts as a tool of the law enforcers.
Therefore, he is acting without criminal intent because without the instigation, he would
not have done the criminal act. (merely being lured to commit an offense)
- Only public officers or private detectives may commit such. If the one who made
the instigation is a private individual, not performing a public function, both he
and the one induced are criminally liable, the former as principal by inducement
and the latter as principal by direct participation.
- Instigation vis-à-vis Entrapment
Thus, in instigation, officers of the law or their agents incite, induce, instigate or
lure an accused into committing an offense which he or she would otherwise not
commit and has no intention of committing. But in entrapment, the criminal
intent or design to commit the offense charged originates in the mind of the
accused, and law enforcement officials merely facilitate the apprehension of the
criminal by employing ruses and schemes
2. Extenuating Circumstances – Has the effect of mitigating the criminal liability (i.e in infanticide
and abortion, concealment of dishonor is an extenuating circumstances)
Imputability – ascribing of affiliating the acts employed to the owner itself and that it is done
willfully
Responsibility – An obligation that must be carried out as a result of someone else action.
Art 11 – Justifying Circumstances – The following shall not incur criminal Liability.
1. Self-Defense – Anyone who acts in defense of his persons or rights. Self Defense is lawful since the
State cannot at all times monitor any unlawful aggression done to its citizen. On the other hand, it
cannot be conceived to the person to succumb to the unlawful aggression without offering any
resistance. The burden of proof in proving self-defense lies on the one who invoked the same
 Self-defense can be invoke on the following circumstances:
1. In defense of ones persons or rights protected by law
2. Defense of the person’s home;
3. The right to honor (Hence, a slap on the face is considered as unlawful aggression since
the face represents a person and his dignity);
o Defense of honor as included in self-defense, must have been done to prevent
or repel an unlawful aggression. There is no defense to speak of where the
unlawful aggression no longer exists as like when the perpetrator already
commit the rape, in case you commit aggression, it cannot anymore fall under
self-defense.
4. The defense of property rights can be invoked if there is an attack upon the property
although it is not coupled with an attack upon the person of the owner of the premises.
5. In defense of chastity
 Anyone who acts in defense of his person or rights provided the following circumstances concur
(requisites)
a. There is an Unlawful Aggression - Unlawful Aggression as define in the case of People vs
Sumicad, is an attack or threatened attack that could peril one’s life, limb and rights either be it
actual or imminent. Mere threatening or intimidating attitude cannot be unlawful aggression.
This requisites is indispensable. It is a condition sine qua non.
- Two types of aggression (lawful and unlawful). So when a police officer fired 5 shots as
a warning but the accused still proceeds resulting to altercation of the two, the person
accused cannot invoked self-defense since the police is lawfully in performance of his
duty
- Two types of Unlawful Aggression
1. Actual – The danger must be present, that is, actually in existence.
o The case of US vs Jose Laurel when Exequiel strike Jose with a cane and
manifested to continue the assault. Jose feared for his life, took a pocketknife
and thrust it to Exequiel which resulted to his death. The court held that Jose is
merely acting on a self-defense therefore no criminal liablity.
2. Imminent – The danger is at the point of happening. It is not required that the attack
already begins for it may be too late.
o The case of People vs Cabungcal when the deceased, continuously rock the
boat which put the life of the passenger on boat in peril and prompt Cabungcal
to strike deceased with a boar which resulted for the diseased be fell on the
water and later on be droned
- In the following instances, there is no unlawful aggression (DADG)
1. In People vs Decena, the court held that retaliation is not self-defense. . In
retaliation, the aggression that was begun by the injured party already ceased to
exist when the accused attacked him. In self-defense, the aggression was still
existing when the aggressor was injured or disabled by the person making a
defense In this case, although the deceased is the one who initially caused the
injury, the aggression although go away when the deceased leaves the accused.
2. The nature, character, location and extent of wound inflicted may belie self-
defense. In the case of People vs Ganut, the court did not subscribe to the self-
defense as the stab wounds inflicted was so many and fatal, to the point that it
already release such doubt that there is unlawful agreesion.
3. In People vs Alconga, the court held that when the aggressor flees, unlawful
aggression no longer exist therefore, no more self-defense.
4. In People vs Diaz, the court ruled that Improbability of the deceased to make
aggression can also belie self-defense. In this case, the accused was not sided by
the court because the deceased, who he said that started the aggression, is a senior
citizen while the accused, is a 24 yr old man with a shot-gun. Impossibility to
commence unlawful agreesion.
b. Reasonable necessity of the means employed to prevent or repel it (WPP)
- Requisites to satisfy the “reasonable necessity of the means employed to prevent or
repel it”
1. Nature and quality of the weapon used by the aggressor;
2. Physical condition, character, size and other circumstances of both the offender and
defender; and
3. Place and occasion of the assault.
- Cases for Reasonable means employed (LUJ)
a. The case of People vs Lara, A guy was alarmed by a certain person uttering insulting
words in front of his house. He was prompt to confront the guy outside of his
 house. Since the guy already left, he decided to look for him outside in wary that as
such might come again to his house. It was midnight already and the place is dark.
While walking, someone assault him, try to rob his pistol. Due to this surprise
assault he was coerce to shot the guy and the SC upheld her defense.
b. US vs Apego – the girl, while she was sleeping, someone tried to grab his hand and
she responded by picking a kept knife and stab the person. Not a reasonable
means. The grabbing of the hands cannot fall under unlawful aggression.
c. People vs Jaurigue – Holding her upper thigh part during a day and in the midst of a
lot of people cannot possibly induced rape and the act of stabbing is not
proportionate to the act
c. Lack of sufficient provocation on the part of the person defending himself
- Requisites
a) No provocation at all
b) If there is provocation, not sufficient (The intimidating and insulting words of the
accused is not a sufficient provocation)
c) If sufficient, came from a third person
d) If came from a person itself and sufficient, not immediate or proximate to the act of
aggression
e) Sufficient means proportionate to the damage
 Battered Woman Syndrome (BWS) – A scientifically defined pattern of psychological and
physical behavior symptoms found in woman living in battery relationships as a result of
cumulative abuse. The battered woman syndrome is characterized by the so-called cycle of
violence, which has 3 phases: (The defense should prove all three (3) phases of cycle of violence
characterizing the relationship of the parties)
1. Tension building phase;
2. Acute battering incident; and
3. Tranquil, loving (or at least non-violent) phase.
- Victim-survivors who are found by the courts to be suffering from battered woman
syndrome do not incur any criminal or civil liability notwithstanding the absence of any of
the elements for justifying circumstances of self- defense under the RPC. In layman’s
terms, if an abused woman kills or inflicts physical injuries on her abusive husband or live-
in partner, and the trial court determines that she is suffering from “Battered Woman
Syndrome,” the court will declare her not guilty
2. Defense of Relatives
Anyone who acts in defense of the person and rights of his spouse, ascendant, descendant, legitimate,
natural or adopted brothers and sisters or of by affinity of the same degree, of by consanguinity upto 4 th
civil degree provided that the 1 st and 2 nd requisites of the 1st circumstances under this Art. are present,
and that the further requisites in case of provocation was given by the person attacked, that the person
making a defense had no part thereon.
 Requisites of Defense of Relatives
1. Unlawful Aggression
2. Reasonable Necessity of the means Employed
3. The provocation was given by the person attacked and that the person defending himself had
no part therein
 The provocation given by the person being defended is immaterial for the person who will help
his relatives had no time to inquire about the nature and cause of argument on the imminent
peril to his love ones
3. Defense of Strangers
Anyone who acts in defense of the persons and rights of a strangers provided that the 1 st and 2nd
requisites of the 1st circumstances of this Article are present. And that last requisites in which the person
must not be induced by revenge, resentment or other evil motive.
 Requisites of Defense of strangers
1. Unlawful Aggression
2. Reasonable necessity of the means employed
3. The person defending not induced by revenge, resentment or other evil motive
 Those that are considered strangers are those not provided under par 2 of this Art.
4. Avoidance of greater evil or injury
Any person who, in order to avoid evil or injury do an act that cause damage to another provided that
the following requisites are present
1. The evil sought to be avoided actually exist;
2. The injury feared to be greater than that done to avoid it;
3. There is no practical or less harmful means of preventing it
4. There must be no negligence or imprudence
 The person for whose benefit the harm has been prevented shall be civilly liable in proportion to
the benefit which may have been received. This is the only justifying circumstance which
provides for the payment of civil indemnity.
 People vs Ricohermoso – Cannot invoke these provisions if the reason for avoidance is that to
pre-empt someone from defending himself or his relative, to effectuate the crime.
5. Lawful fulfillment of duty
Any person who acts in fulfillment of his duty or lawful exercise of his rights or office
 Requisites
1. There is a fulfillment or duty or lawful exercise of rights or office
2. Injury caused or offense committed was the necessary consequences of the due performance
of duty or lawful exercise of rights or office
o A person who was already shot in the leg upon escaping, the police have no
more reason to further shot him otherwise, it is not anymore a necessary
consequence of due performance of duty
3. There must be no negligence or imprudence
 Cases:
a. People vs De Lima – If after the police demanded the surrender of the deceased, but
instead, fugitive did not do so and even provoke the police and ran away, the police is
justified in case he will fire a shot against the accused-deceased
b. People vs Lagata – The court find that the shooting of the deceased who is not
anymore commiting aggression or escaping the prison, the prison guard have no more
justification to shoot him
6. Order of superior
Any person who, in obedience to an order by superior for some lawful purpose
 Requisites
1. There is an order by superior
2. The order must be for some lawful purpose
3. The means used were lawful
- The application of the law is not limited to orders made by public officers to inferior public
officials. Thus a nurse, who were just merely ordered by the doctor to inject the medicine
which was actually prescribed by the latter can be justified under this circumstances.
Art 12 – Exempting Circumstances - There is a crime committed but no criminal liability arises from it
because of the complete absence of any of the conditions which constitute free will or voluntariness of
the act. The circumstance affect the actor itself.
 GR: No criminal liability, but there is civil liability
XPN: Par. 4 and Par. 7: exempted from both criminal and civil liability
 Justifying circumstances vis-à-vis Exempting circumstances
Basis Justifying circumstances Exempting circumstances
1/ As to its effect The circumstance affects the The circumstances affect the
act. actor.
2/ As to existence of a crime The act complained of is Since the act complained of is
considered to have been actually wrong, there is a
done within the bounds of crime. But because the actor
law; hence, it deemed as if no acted without voluntariness,
crime is committed. there is absence of dolo or
culpa. Hence, there is no
criminal.
3/ As to liability Since there is no crime or There is civil liability for the
criminal, there is no criminal wrong done except in
liability as well as civil paragraphs 4 and 7 of Article
liability. 12, there is neither criminal
nor civil liability.

1. Imbecile or Insane person (IIMBUA)

An imbecile or insane person unless the latter acted on lucid interval. If an imbecile or insane person
committed a felony, the court shall order his confinement in a hospital or asylums established for a
person thus afflicted and cannot be allowed to leave without obtaining first a permission from the same
court.
 Presumption of Sanity - The defense must prove that the accused was insane at the time of the
commission of the crime. Mere abnormalities of the mental facilities are not enough such as
feeblemindedness (idiocy) since the actor has the capability to distinguish right from wrong.
Schizophrenia
Imbecile Insanity
1. A person who is advance in age but 1. A person who acted in complete
the mental condition is comparable to deprivation of Intelligence
that of a children ages 2-7 years old
2. No lucid Interval 2. There is a lucid interval
3. exempted from criminal liability in all 3. Not exempted from criminal liability if
cases acted on lucid interval
 Other instances of insanity (SEKS)
1. Dementia praecox (Schizophrenia) is covered by the term insanity
2. Kleptomania or presence of abnormal, persistent impulse or tendency to steal, to be
considered exempting will still have to be investigated by competent psychiatrist
3. Epilepsy
4. Sleep-walking (People vs Taneo killing his wife while sleeping)
 Effect of Criminal Liability on insanity
1. At the time of the commission of the crime – exempted
2. During trial – proceedings suspended until the mental capacity of the accused is restored to
afford him fair trial.Accused is then committed to a hospital.
 3. After judgment or while serving sentence – execution of judgment is suspendedand the
accused will be committed to a hospital. The period of confinement in the hospital is counted
for the purpose of the prescription of the penalty. Feeblemindedness not included since the
actor has the capability to distinguish right from wrong
2-3 Minority
 RA 9344 or the Juvenile Justice System Act which raised the age of exemption for criminal
responsibility from 9 years old to 15 years old.
a. Below 15 years old - Exempt from criminal liability, whether acted in discernment (ability to
distinguish right from wrong) or not
b. 15 years old and above but below 18 years old
1. Acted without discernment – Exempt from criminal liability, the child shall be subjected
to a community-based intervention program.
2. Acted with discernment - the child will be criminally liable, be subjected to a diversion
program
Note: In all cases, the child shall not be exempted from civil liability
 Exempting Provisions
1. Statute offenses – Crime not penalized
2. Crime that is not applicable to children like prostitution or vagrancy
4. By mere accident
Any person who, while performing a lawful act with due care, cause an injury to another by mere
accident without fault or intention of doing it.
 Requisites (LDCF)
1. A person performing a lawful act
2. With due care (negligence will defeat the claim for exempting circumstances)
3. Cause an injury to another by mere accident
4. Without fault or intention
- Ex. If the accused, while driving, a man suddenly popped out which result to the death of
such man, the driver is exempt from liability.
 If not all the conditions are present necessary to exempt from liability, the act should be
considered either as reckless imprudence or simple imprudence
5. Irresistible force
Any person who act under the compulsion of irresistible force.
 Irresistible force is an external physical force which reduces a person to a mere instrument and
the acts produced are done without or against his will. Complete absence of Freedom
 Requisites of irresistible force
1. Compulsion by means of physical force
2. Physical force must be irresistible
3. Physical force came from third person
6. Uncontrollable fear
Any person who acted under the impulse of uncontrollable fear of greater or equal injury
 Requisites
1. That the threat which causes the fear is greater or at least equal to that which he is required
to commit
2. It promises an evil of such gravity and imminence that an ordinary man would have succumb
to it
7. Acts required by Law
Any person who fails to perform an act required by law because he is prevented by lawful and
insuperable cause, can be exempt from criminal and civil liability.
Art 13 – Mitigating Circumstances - If present in the commission of the crime, do not entirely free the
actor from criminal liability but only serve to reduce penalty. It must be note however that mitigating
circumstances does not operate to change the nature of the crime, but only change the penalty impose.
 Ordinary Mitigating vis-à-vis Priveleged Mitigating (Two kinds of Mitigating Circumstances)
Ordinary Mitigating Privileged Mitigating
1. Can be offset by aggravating 1. Cannot be offset by aggravating
2. If not offset, will reduce the penalty to 2. to reduce the penalty by one to
the minimum period two degree depending upon what
the law provides
 Privileged mitigating circumstances under the RPC: (CAWMS)
1. When the offender is a minor 16 years of age but below 18 years of age
2. When the crime committed is not wholly excusable (RPC, Art. 69 and Par 1 of Article 13,
majority of the element of justifying or exempting circumstances are present);
3. When there are two or more mitigating circumstances and no aggravating circumstance, the
court shall impose the penalty next lower to that prescribed by law, in the period that it may
deem applicable, according the number and nature of such circumstances
4. Voluntary release of the person illegally detained within 3 days without the offender
attaining his purpose and before the institution of the criminal action
5. Abandonment without justification by the offended spouse in case of
6. Concealing dishonor in case of infanticide (if it is the maternal grandparent who committed
the offense to conceal dishonor, the penalty imposed is one degree lower. If it is the
pregnant woman who committed the offense to conceal dishonor, the penalty imposed is
two degrees lower).
Note: Ordinary mitigating Circumstances are those generally enumerated under
Article 13 subject to condition thereon.
1. Incomplete Justified and Exempting Circumstances (BIPPSSVV)
 If less than the majority of the requisites necessary to justify the act or exempt from criminal
liability are present, the offender shall only be entitled to an ordinary mitigating circumstance. If
a majority of the requisites needed to justify the act or exempt from criminal liability are
present, the offender shall be given the benefit of a privileged mitigating circumstance. The
following are those covered circumstances for Incomplete Justifying and exempting
circumstances:
1. All Justifying Circumstances
a) Nos 1-3 unlawful aggression is indispensable. If majority of the elements are
present, privileged mitigating, if only unlawful, ordinary.
b) Nos 4 – If any of the last two requisites are not present, ordinary mitigating
c) Nos. 5- Only one of the requisites represents majority – Privilege
d) Nos. 6 – Majority, Privileged Circumstances
2. 3, (as repealed by RA 9344), 4 and 6 only for Exempting circumstances
a) No. 3 – A child in conflict with the law, if found to act with discernment,
privileged mitigating circumstances, property period would still be applied
b) No. 4 – If the Act is without due care and with fault, Negligence could apply.
Privileged mitigating
c) No 6 – Privileged Mitigating if only one
2. A Child below 18 or over 70 years of age - Repealed already by RA 9344, applicable only if offender
above 70 years old. (please see discussion under Art 12 on minority)
  Diversion – Alternative child-appropriate process of treatment for child in conflict of law. The
diversion Program will be done by the Brgy or social welfare if the crime punishable below 6
years. If punishable above 6 years, the court to impose the diversion program. The program will
consists of Counseling, mediation and conferencing
3. That the offender had no intention to commit a grave so wrong as that committed (praeter
intentionem)
 It is necessary that there be a notable and evident disproportion between the means employed
by the offender compared to that of the resulting felony. If the resulting felony could be
expected from the means employed, the circumstance of praeter intentionem cannot be
availed.
 In the following instances, there is no praeter intentionem:
1. felonies by negligence
2. employment of brute force – In the case of People vs Yu, the court did not subscribe to
the defense that he only intends to silence her by covering her mouth to not shout, in an
act of rape, but did not intend to kill her which actually happened. The court held that the
offender should have known the tender age (6) years old of the child.
3. Anti-Hazing law
4. Treachery or evident premeditation
5. Acts which does not resort to material harm or physical injuries, like slander or libel
6. People vs Garichico – Accused only intention was to ask for forgiveness but the deceased
did not accede to which result to death of the deceased. The court held that praeter
intentionem addresses itself to the intention of the offender at the particular moment
when he consummated the crime not during the planning stage.
4. Sufficient provocation or threat on the part of the offended party immediately preceded the act
 Threat should not be offensive and positively strong because if it was, the threat to inflict real
injury becomes an unlawful aggression which may give rise to self-defense and thus, no longer a
mitigating circumstance.
 As long as the offender at the time he committed the felony was still under the influence of the
outrage caused by the provocation or threat, he is acting under a diminished self-control.
However, If there is a material lapse of time and there is no finding that the effect of the threat
or provocation had prolonged and affected the offender at the time he committed the crime,
cannot anymore invoke this mitigating circumstances.
5. The act was committed as the immediate vindication of such grave offense of the one committing
the felony of his spouse, ascendant, descendant, brothers and sister or of by affinity of the same
degree.
 Requisites
a) A grave offense has been committed to the one committing a felony or to his spouse,
ascendant, descendant, brothers and sisters or of by affinity of the same degree.
b) The felony committed is an immediate vindication of the grave offense done. A lapse of
time is allowed between the vindication and the doing of the grave offense.
 Sufficient Provocation or Threat vis-à-vis Vindication of Grave offense
Sufficient Provocation or Threat Vindication of Grave offense
1. Must be directed to the person committing 1. Can also be directed to the relatives
a felony
2. The cause need not be grave offense 2. Must be grave offense
3. Immediately preceded the act 3. Lapsed or lucid interval valid
6. Having acted under the impulse so powerful as naturally to have produce passion or obfuscation.
 Passion and obfuscation refer to emotional feeling which produces excitement so powerful as to
overcome reason and self-control. Elements are:
a) Accused acted upon impulse,
- The act must come from lawful sentiments. Jealousy by reason of illegitimate
relationship cannot give rise to passion and obfuscation
b) So powerful to have naturally produced passion and obfuscation
 GR: If the offender is given the benefit of paragraph 4 (sufficient threat or provocation), he
cannot be given the benefit of paragraph 5 (vindication of grave offense) or 6 (passion and
obfuscation), or vice-versa. Only one of the three mitigating circumstances should be given in
favor of the offender.
EXP: If the mitigating circumstances under paragraphs 4, 5 and 6 arise from different sets of
facts, they may be appreciated together
 Passion and Obfuscation vis-à-vis Provocation
Passion and Obfuscation Provocation
1. Such impulse produce the provocation 1. the offended party cause the provocation
2. The influence thereof last until the 2. Immediately precede the act
moment the crime is committed
 Passion and Obfuscation vis-à-vis Irresistible Force
Passion and Obfuscation Irresistible Force
1. Mitigating Circumstances 1. Exempting Circumstances
2. No Physical Force 2. Physical Force
3. It comes from the offender himself 3. Comes from Third party
4. Arise from lawful sentiment 4. Unlawful
7. Voluntarily surrender himself to a person of authority or his agent or that he voluntarily confessed
his guilt before the court prior to the presentation of evidence by the prosecutor
 Surrender is considered voluntary when it is spontaneous, demonstrating intent to submit
himself unconditionally to the person in authority or his agent, either:
1. Because he acknowledges his guilt
2. Because he wishes to save them the trouble and expense necessarily included for his search
and capture.
 Whether a warrant of arrest had been issued against the offender is immaterial and irrelevant.
The criterion is whether or not the offender had gone into hiding or had the opportunity to go
into hiding and the law enforcers do not know of his whereabouts.
8. That the offender is blind, deaf, mute and any other physical defect which restrict his or her means
of action, defense, and communication as a fellow being
9. Serious Illness which diminish the person’s exercise of will power without however, depriving him
of the consciousness of his or her act
10. Any act that is similar in nature or analogous to those that are provided above.

Art 14 - Aggravating Circumstances - If present in the commission of a crime, it can either serve to
increase the penalty provided by law to its maximum period or changes the nature of a crime.
 5 Kinds of Aggravating Circumstances
1. Generic Aggravating Circumstances – apply to almost all crimes. (ex. Dwelling, recidivism,
in consideration of price reward or promise, night time) - PUREDBURMACICC
2. Specific Aggravating Circumstances – Applies to specific crimes only
3. Qualifying Aggravating Circumstances – It changes the nature of the crime (homicide to
murder - TEAMM-PED-FEPS
 4. Inherent Aggravating Circumstances – Must of necessity accompany the commission of
the crime (i.e abuse of public office, fraud in estafa, use of force in robbery etc.)
5. Special Aggravating Circumstances – Pertain to special conditions and imposed penalty to
its maximum period. Cannot be offset by an ordinary mitigating circumstance (i.e Quasi-
recidivism, complex crime, syndicated crime group) - THQCUD
 Difference between Generic and Qualifying
Generic Qualifying
1. Can be offset by Mitigating Circumstances 1. Cannot be offset by mitigating circumstances
except if privileged mitigating circumstances
2. It is not an ingredient of a crime. It only affects 2. It is an ingredient of a crime. It changes the
the penalty to be imposed but the crime is still nature of a crime in such a way that it makes the
the same crime more serious.
3. It need not be alleged in the information. It is 3. It must be alleged in the information and be
enough that it would be proven in court proven in trial. If not alleged but proven in trial, it
will serve as a generic aggravating

1. The person had taken advantage of his/her public position (special aggravating circumstances).
 To know if the person had taken advantage of his public position there must be (not
enough that he is a public officer)
a) Influence
b) Prestige
c) Ascendancy
 where taking advantage of official position is made by law an integral element of the crime,
such as in malversation or in falsification of public document committed by public officers,
taking advantage of public position is not not considered as an aggravating circumstance
2. The crime was committed in an insult or contempt to public authorities
 Requisites
a) The public authority (not person in authority like military or police ie. Mayor, vice-mayor,
senator etc.) is engaged in the exercise of his functions
b) The public authority engaged in the exercise of his function is not the person to whom the
said crime was committed
- If the crime is committed against the public authority, the crime committed is
direct assault and this aggravating circumstance will be considered absorbed.
c) The offender know his a public authority
d) The offender is not prevented upon knowing his a public authority
3. The crime was committed in contempt or disregard of the respect due to the offender party by
reason of his rank, age, sex (female) or that it was committed in his dwelling if the latter had not given
provocation
 Explanation as to rank, age, sex, and dwelling
1. Rank - It refers to official, civil, or social position or standing. It is the designation or title
of distinction used to fix the relative position of the offended party in reference to
others.
2. Age - Age applies in cases where the victim is of tender age or is of old age.
3. Sex - Sex refers to the female sex, not to the male sex. Disregard for sex is not
aggravating in the absence of evidence that the accused deliberately intended to offend
or insult the sex of the victim or showed manifest disrespect to her womanhood.
4. Dwelling - is a structure or building exclusively use for rest or comfort. It does not
mean however a permanent domicile. Even if he seek temporary rest or comfort for as
 long as there is expectation of security and comfort when a crime was committed. It is
not necessary that the accused should have actually entered the dwelling of the victim
to commit the offense. It is enough that the victim was attacked inside his own house,
although the assailant may have devised means to perpetrate the assault, i.e.
triggerman fired the shot from outside the house, while his victim was inside.
5. If all aggravating circumstances are present – Will just result to one aggravating
circumstances.
 Application of the Provision
1. The 1st paragraph to not apply in:
a) The offender acted with passion or obfuscation
b) The offender and the offended has relationship
c) Being a woman is inherent to the crime
2. The 2nd paragraph to not apply in
a) The owner of the dwelling gave the provocation
b) The offender and the offended are both occupants of one house
c) The crime is robbery by use of force upon thing
d) Trespass to dwelling
e) The victim is not a dweller on the house
f) There is adultery or concubinage committed in the conjugal swelling
4. The crime was committed in abuse of confidence or obvious ungratefulness (These are two separate
aggravating circumstances)
 Requisites of abuse of confidence
a. The offended must have trusted the offender
b. The offender abuse it by committing a crime against the offended
c. Abuse of Confidence facilitated the crime
- Abuse of confidence is inherent in the following crimes hence, not considered as
an aggravating circumstance
1. Malversation (RPC, Art. 217)
2. Qualified Theft (RPC, Art. 310);
3. Estafa by conversion or misappropriation (RPC, Art 315); and
4. Qualified Seduction (RPC, Art. 337).
 Requisites of Obvious Ungratefulness
a. The offended party trusted the offender
b. The offender abuse the trust by committing a crime against the offended party
c. Obvious Ungratefulness facilitated the crime
 If the accused raped a girl who was entrusted to his care by the parents, there is betrayal of
confidence reposed upon him by the parents but not an abuse of the confidence of the offended
party (People v. Crumb, 46 OG 6162) since the confidence between the parties must be
personal. But if the offender was the servant of the family and sometimes took care of the child,
whom she later killed, there is present grave abuse of confidence. (People v. Caliso, 58 Phil. 283)
5. Crime be committed in the (1) Palace of the Chief Executive, or (2) in his presence, or (3) where
public authorities are engaged in the discharge of their duties, or in (4) a place dedicated to religious
worship.
 Difference between par 5 and par 2
Par 2 Par 5
1. Outside of their office 1. In their office
 2. Public authority should not be the 2. The crime may or may not be pointed to
offended party. public authority

 In crime committed in the presence of the President, it is not necessary that the latter be
exercising his functions. With respect to the first, third, and fourth, the crime must have been
committed with full consciousness of the place; in other words, the offender must have intended
to commit the crime at the place, otherwise, not aggravating circumstances.
6. The crime was committed in uninhabited place, nighttime or by a band. A crime has been
committed by a band when there are more than three person who have acted together in the
commission of the offense.
 Requisites
a. The uninhabited place, nighttime or by a band facilitated the commission of the crime
b. The offender especially sought the circumstances to ensure the commission of the crime
c. The offender had took advantage of it for purpose of impunity
- “Impunity” means to prevent the offender from being recognized or to secure
himself against detection and punishment.
- However, nighttime is already absorbed in treachery in case of murder.
 Band - It means that there are at least four armed malefactors acting together in the commission
of the offense. All must be armed, otherwise, the aggravating circumstance under Art. 14(8) shall
apply. Armed does not necessarily means a gun. For as long as such arm can inflict weapon, it is
sufficient enough.
- The aggravating circumstance of by a band is considered in crimes against property and
in crimes against persons only, not a crime against chastity. If one of the four armed
persons is a principal by inducement, they do not form a band.
7. The crime was committed during misfortune, epidemic, shipwreck, earthquake, conflagration or
other calamities.
8. The crime was committed in aid of armed men or person who insure or afford impunity
 Requisites
a. The armed men took part in the commission of the crime either directly or indirectly
b. The offender avails himself or seek the aid of the armed men
 Difference between armed men and by a band

Armed man By a band

1. Only two or more person would suffice 1. More than three
2. The accused merely relied on the aid of the 2. All of them have acted together
armed men
3. Armed men are merely accomplices 3. All of them are principal
 Where can it be not applicable
a. Both attacking parties are armed
b. The accused and the armed men have the same plan or purpose
c. The armed men are just casually present and the accused did not avail himself or seek their
aid
9. The accused is a recidivist. A recidivist is one who at the time of trial of one crime, has been
previously convicted by a final judgement of another crime
10. The offender has been previously punished for an offense to which the law attaches the greater or
equal penalty or for two or more crimes to which the law attached the light penalties.
 Kinds of repeated or habitual offender
1. Recidivist – As explained (Requisites)
 a. On trial of one crime
b. Has been previously convicted by a final judgement of another crime
c. The first and the second offense must be embraced in the same title of the RPC
9meaning, if the 1st offense is crimes against property, the second offense must also
involved crimes against property)
d. Has been convicted of the new offense
- The subsequent conviction must refer to felony committed prior to the second
crime. Thus if the accused committed a theft in 1983 and robbery in 1980 but was
first convicted of theft and subsequently of robbery in 1984, he was not a
recidivist
2. Reiteracion – (Requisites)
a. On trial of an offense
b. He was previously punished for a crime which the law attaches equal or greater penalty
or for two or more crimes to which the law attaches lighter penalties
c. He was convicted of the new offense
- If recidivism and reiteracion present, recidivism should be the one to be
appreciated
- Reiteracion vis-à-vis Recidivism
Reiteracion Recidivism
1. It is necessary that the accused 1. It is enough that there is a final
already served the penalty in the 1st judgement on the 1st offense
offense
2. Need not be embraced in the same 2. It must be embrace in the same title
title of RPC of the RPC
3. Not always an aggravating 3. Always being taken in consideration
in fixing the penalty to be imposed
3. Habitual Deliquency – A special aggravating circumstances which increases or provides
additional penalties. Requisites
a. The crime was committed within 10 years after last conviction
b. The crimes are specified to REFTS (robbery, estafa, falsification, theft, serious or less
serious physical injuries)
c. The accused is already a third time offender
- Recidivism vis-à-vis Habitual Delinquency
Recidivism Habitual Delinquency

1. A generic Aggravating 1. A Special Aggravating Circumstances

circumstances
2. The offender must have been 2. 3rd time offender
previously convicted with a final
judgement. 2nd time offender
3. The offense must be embrace in the 3. The crimes are specified
same title of the RPC
4. Imprescriptible 4. Crimes must be committed within 10
years after last conviction
4. Quasi Recidivism – arises when the offender shall commit a felony after having been
convicted by final judgment, before beginning to serve the sentence, or while serving the
same, he shall be punished by the maximum period of the penalty prescribed by law for the
new felony, besides being penalized as a habitual delinquent, if applicable. A special
aggravating circumstances
 - As clarified by the court in People vs Peralta (riot in New Bilibid), It is the second
crime that must be punishable in RPC. The first crime to which the accused was
convicted can either be a crime punishable under RPC or special law to appreciate
the special aggravating circumstances of quasi-recidivist.
Par 11 – The crime was committed in consideration of price, reward or promise.
 Requisites
a. There a 2 principal, Principal by direct participation; Principal by inducement
b. The crime committed was in consideration of price, reward or money which must be
offered prior to commission, not thereafter
Par 12 – The crime was committed by means of Fire, explosion, poison, use of any other artifice
involving great waste and ruins, stranding of vessel or intentional damage thereto, derailment of
locomotive and inundation.
 It must be shown that the accused especially sought the following means to facilitate the crime
(This is the only aggravating circumstance that could be a crime in itself):
1. Inundation;
2. Fire;
- Rules on fire
a. If fire was initiated but as a result, killed someone, not an aggravating
circumstance but only arson.
b. If use to kill someone, it is automatic murder
c. If use to kill someone and at the same time, use to conceal the crime, liable for
both murder and arson.
3. Explosion;
4. Poison;
5. Stranding of the vessel or intentional damage thereto;
6. Derailment of locomotion; or
7. By use of any other artifice involving great waste and ruin.
Par 13 – The crime was committed with evident premeditation (absorbed already in treachery)
 Requisites
a. Determination - The time when the accused is determined to commit it
b. Preparation - The act manifestly indicating the determination of the accused to execute
such crime
c. Time - Sufficient lapse of time between the determination and execution to allow him to
resolve the consequences of his act or his conscience to interplay.
 GR: Conspiracy generally denotes premeditation
EXP: In implied conspiracy, evident premeditation may not be appreciated, in the absence of
proof as to how and when the plan to kill the victim was hatched or what time had elapsed
before it was carried out.
Par 14 – The crime was committed by employment of craft, fraud, and disguise
Par 15 – Taking advantage of superior strength or weakening the defense of the victim
 Abuse of superior strength - The use of such excessive force that is out of proportion which
resulted to inequality of force between the offender and offended party:
 Requisites of weakening the defense:
a. inequality of forces between the offender and the offended party
b. It was purposely sought by the accused
c. It does not totally eliminate possible defense of the accused or it would be treachery
Ex. Accused is a younger people and offended party a senior citizen, the accused drug the
victim to commit the offense against the offended party
Par 16 – The crime was committed with treachery - Treachery is when the offender committed a crime
against person by employment of means, methods or forms that tends to directly and specially ensure
the execution thereof without however risk to the accused for whatever possible defense the accused
might make.
 Requisites of treachery:
1. It must be crimes against person
2. The culprit employed means, methods or forms of execution which directly and specially tend
to insure the offender’s safety from any retaliatory act on the part of the offended party.
- The attack must be so sudden that the victim had no time or not in a position to defend
himself.
3. The criminal act must be well thought by the offender and must not spring from any
unexpected turn of events (ex. Treachery and passion and obfuscation cannot co-exist since
treachery requires reasonable mind to establish such act)
 The following are absorbed in treachery
1. Aid of Armed men
2. By a band
3. Weakening the defense
4. Abuse of superior strength
5. Nighttime
6. Craft
7. Evident premeditation
- Evident premeditation and treachery can co-exist because evident premeditation
refers to the commission of the crime while treachery refers to the manner employed
by the offender in committing the crime.
 Time when the element of treachery must be present
a. If aggression is continuous, the treachery must commence at the beginning of the
assault
b. If aggression not continuous, treachery must be present from the moment the fatal blow
has been given
 Generally, treachery is not attendant when the attack is frontal. However, exceptions may be
accommodated for as long as the victim, during the frontal attack was held to be defenseless,
not even given opportunity to provide for any possible defense he might make
 People vs Ganohon - where the persons killed are children of tender years, being 1 year old, 6
years old and 12 years old, the killing is murder even if the manner of the attack was not shown
Par 17 – Ignominy – adding insult to the injury (ex. raping a wife in front of husband)
 Ignominy is applicable in:
a. Crimes against chastity,
b. Less serious physical injuries,
c. Light or grave coercion; and
d. Murder.
- Ignominy is inherent to libel and acts of lasciviousness
Par 18 – The crime was committed via unlawful entry - There is unlawful entry when the entrance is
being effected in a way not intended for such purpose (using window to effectuate entrance). Does not
necessarily required that there is breaking otherwise, falling under Par 19.
Par 19 – The crime was committed by breaking the wall, floor, rooftop, window, door
 Requisites
1. The wall, roof etc. was broken
2. It was broken to effectuate the entrance
Par 20 – That the crime was committed in aid of minor below 15 years of age or use of motor vehicle
 The use of motor vehicle however can only be appreciated as aggravating circumstances if it
facilitates the commission of the crime. If it was only used as a tool to escape the crime, not
aggravating.
Par 21 – Cruelty - There is cruelty when the wrong done was intended to prolong the suffering of the
victim, causing him unnecessary moral and physical pain.
 Requisites:
a. That at the time of the infliction of the physical pain, the offended party is still alive.
b. that the offender enjoys and delights in seeing his victim suffer gradually by the infliction of
the physical pain.
- In mutilation, outraging of a corpse is considered as an aggravating circumstance. If the
victim was already dead when the acts of mutilation were being performed, this would
qualify the killing to murder due to outraging of his corpse
Other Special Aggravating Circumstances
1. Member of a crime group or syndicate
2. Use of prohibited drugs as provided under RA 9165 also known as Comprehensive Dangerous
Drugs Act of 2002
3. Use of unlicensed firearms as provided under RA 8294 also known as Illegal/Unlawful
possession of firearms, ammunition, and explosive. Thisis now being absorbed to the crime
committed making such facts as an aggravating circumstances. (ex. Unlicensed firearms was
used to kill someone, instead of filing a separate complaint for violation of RA 8294, it will now
be considered as a special aggravating circumstances)
Art 15 – Alternative Circumstances - Alternative Circumstances are those that must be taken into
consideration as aggravating or mitigating circumstances according to the nature and effects of the
crime or any other conditions. It can be Relationship, Intoxication, Degree of Instruction and Education
of Offender. (RID-PPC-PRMCT)
 1. Relationship
- Spouse, Ascendant, Descendant, Legitimate/Natural/Adopted Brothers and Sisters or those
relationship by affinity of the same degree
a. Crimes against property are mitigating;
b. Crimes against person and chastity are aggravating except on the rules on Less serious,
slight physical injuries and infanticide/abortion;
c. Less Serious Physical Injuries or Slight Physical Injuries are mitigating if the offender is of
higher degree than on the offended, Aggravating if the offended is of higher degree
than the offender
5. Intoxication - Excessive use of intoxicating drinks. Habitual drunkenness must be shown to be
an actual and confirmed habit not necessarily of daily occurrence.
- 1/ Mitigating if
a. Not Habitual;
b. Was not subsequent to the plan to commit felony
c. Drunkenness must be in such a way that it affects his mental facilitates
2/ Aggravating if
a. Habitual;
b. Intentional which is subsequent to the plan to commit a felony
6. Degree of Instruction or Education of the Offender
- As a general rule, lack or low degree of instruction is mitigating to all crimes except
a. Crimes against property
b. Crimes against chastity
 c. Murder or homicide
d. Rape
e. Treason
- High Degree of Instruction and Education is an aggravating circumstance if such person took
advantage of his learnings, like a lawyer doing falsification of documents.

TITLE II – Person Criminally Liable for Felonies (PUM-PCH-THAMP)

Art 16 – The Following are criminally liable for grave and less grave felonies: 1. Principal; 2.
Accomplices; 3. Accessories: Criminally liable for light felonies 1. Principal; 2. Accomplices.
 Accessories not punishable in light felonies as the social wrong and individual prejudice is so small.
Art 17 – Principal, 1. Those who take a direct part to commit it; 2. Those who directly force or induce
others to commit it; 3. Those who cooperate in the commission of the crime by another act without
which it could not have been produced
 Classification of Criminal Responsibility
1. Individual Criminal Responsibility – One principal only
2. Collective Criminal Responsibility – One principal and others as conspirator
3. Quasi Collective Criminal Responsibility – One principal and the other is just an accomplice
 Kinds of Principal
1. Principal by Direct Participation - are those who personally appeared at the crime scene
and effectuate the criminal intention. If the second requisite is not present, there is no
conspiracy therefore no crime, unless the criminal resolution is crime against national
security. Ex. A look-out on the crime intended is principal by direct participation
- Requisites:
1. Participated in the criminal resolution
2. Carried out the plan and personally took part in its execution. (A conspirator
who does not appear at the scene of the crime is not liable)
2. Principal by Inducement - are those who seek the aid of person or a group of person
thereof, to effectuate the criminal resolution. The inducement should precede the
commission of the crime. Inducement can be by force or by inducement.
- Requisites for force:
1. Irresistible Force
2. Uncontrollable fear
- Requisites for inducement:
1. Price, Reward or Promise
2. By Words of Command with the following requisites:
a. The person who uttered such words of command must have an intention
of procuring the commission of the crime
b. The person who uttered such words of command must have influence and
ascendancy over the person who acted
c. The words of command must be so direct, so powerful and so efficacious
that as such would amount to moral or physical coercion
d. The words of command must be uttered prior to the commission of the
crime
e. The material executor must have no personal reason to commit the crime
- Liability - If the inducement is by irresistible force or uncontrollable fear, then only
the person inducing the crime is criminally liable. However, if the inducement was
made through rewards, promise, or by words of command, the actual actor is also
liable for being principal but direct participation. Proposal to commit a felony
 however is different from inducement since the crime are only specific to treason
and rebellion.
3. Principal by Indispensable Participation
- Requisites for Indispensable Participation:
1. Participated directly in the criminal’s resolution
2. The cooperation is indispensable in such a way that a crime cannot be accomplish
without such act by the person.
- A principal by indispensable cooperation may be a co-conspirator under the doctrine
of implied conspiracy. He becomes a co-conspirator by indispensable cooperation,
although the common design or purpose was not previously agreed upon.
Art 18 – Accomplices are those person who are not mentioned in Art 17 but cooperated in the
commission of the crime by a previous or simultaneous act which are not indispensable to the
commission of the crime.
 Requisites
1. There must be a community of design: knowing the commission of the offense by direct
participation and concurring with it
2. Cooperated in the execution of the offense by a previous or simultaneous act with an
intention of providing moral or material aid. The aid must not be indispensable to the
commission of the crime
3. There must be a relation between the act of the accused and those attributed by the
accomplice.
 In case of doubt if there is conspiracy, accomplice must be the ruling to be favor of since
penal offense shall be strictly construed against the State. In accomplice, the aid must be of
necessary only in the commission of the crime and not indispensable because to rule
otherwise would be tantamount to conspiracy under indispensable participation.
 Certain Accomplices to be Punished as Principals in Certain Crimes against Chastity - Under
Art. 346 of RPC, an ascendant, guardian, curator, teacher and any person who, by abuse of
authority or confidential relationship, shall cooperate as an accomplice in the perpetration
of the crimes embraced in Chapter 2, 3, and 4 of Book 2, Title 11 (Crimes against Chastity)
shall be punished as principals.
 In the case of People vs Antonio, the SC held that if a person only concurs in the commission
of the crime by personally took part in its execution, he can be held as a conspirator.
However, if the physical damage inflicted is not a fatal blow, like throwing of a stone
resulting to concussions and blister, and the other person is the one who provided such fatal
blow, he can only be held as accomplice.
Art 19 – Accessories are those person who having knowledge of the crime but did not participated
therein, either as accomplice or as a principal. Only took part on it by such reason: 1. By profiting or
assisting to profit on the effects of the crime; 2. By concealing or destroying the body of the crime in
order to prevent its discovery; 3 By harboring, concealing or assisting in escape of the principal of the
crime.
Art. 20 – Accessories that are exempt from criminal liability. When the offender is a relative by
ascendant, descendant, legitimate, adopted and natural brothers and sisters or relatives by affinity of
the same degree but with single exception under paragraph 1 of Art 19.
 One cannot be an accessory unless he knew of the commission of the crime. An accessory must
not have participated in the commission of the crime. If the offender has already involved
himself as a principal or an accomplice, he cannot be held as an accessory any further even if he
performed acts pertaining to an accessory.
 Accessories are not applicable in the following case:
 a. for light felonies
b. if the accessory is related to the accused (ex. Spouse, ascendant, or descendant or as
brother or sister whether legitimate, natural or adopted or where the accessory is a
relative by affinity within the same degree)
- However, if the accessories is by reason of the below crime, the above-
mentioned person cannot be exempted as accessory:
1. Profited by the effects of the crime; or
2. Assisted the offender to profit from the effects of the crime.
c. If the principal have not been found guilt or convicted of an offense.
1. Profiting in the effects of the crime
- Buying a stolen property. He must be aware it is stolen
- Anti-Fencing Law vis-à-vis Article 19 (1)
Anti-Fencing Law Profiting in the effects of the
crime (Article 19(1)
1/ As to Scope Fencing is limited to theft Not limited in scope
and robbery
2/ As to Nature Malum prohibitum Mala in se
3/ As to Proof Fencing is a principal crime It is necessary to prove that
in itself. There is no need to the principal committed the
prove that one is guilty of crime. Hence, before an
theft or robbery accessory could be held liable,
the principal must have been
convicted first of the crime
charged
No double jeopardy. One who is Charged as an Accessory under Art.
19(1) May be Likewise Charged under P.D.
1612 for the Same Act

2. Destroying or Concealing the body of the crime (corpus delicti)

- Corpus delicti is the body of the crime, not necessarily the corpse. It is a compound fact
made out of 2 things – 1. Proof of occurrence of the crime; 2. A person criminally
responsible
3. Harboring, Concealing or Assisting the escape of the principal of the crime
- A public officer (Requisites)
1. He must be a public officer
2. Harbors, conceals or assist in the escape of the principal
3. He acts with abuse of his public functions
4. It can be any crime provided not light felonies
- A private person (Requisistes)
1. Private person
2. Harbors, conceals or assist in the escape of the criminal
3. The crime committed by the principal is either treason, parricide, murder, attempt
against the life of the president and habitual guilty of a crime.

II – PENALTIES

A – Penalties in General (CEW-DIMT)

  Article 21. Penalties that may be imposed. - No felony shall be punishable by any penalty not
prescribed by law prior to its commission. The law which penalized an act, must have a
corresponding penalty otherwise, a person cannot be held criminally liable for such act if no
corresponding penalty imposed.
 Pardon by offended Party vis-à-vis Executive Pardon
Pardon of Offended party Executive Pardon
1. Crime against chastity only can be pardon 1. Covers any crime unless otherwise provided
by law or Constitution
2. Do not extinguish criminal liability but can 2. Extinguish criminal liability but not civil
waived civil liability
3. Granted only before institution of criminal 3. After conviction
action
Note: In the case of US vs Luna, the court held that in case a pardon was given by a minor child,
it shall be accompanied also by a pardon given by the parent otherwise, the pardon can be ruled
to be done with defective consent
Note: In Lim vs Estrada, the court held that an executive pardon does not include pardon of
accessory penalty unless otherwise, stated in the pardon itself. In this case, although the pardon
of Estrada does not specifically mention the pardon of perpetual disqualification, it indeed
mentioned restoring Estrada’s civil and political rights which was construe to also include the
accessory penalty as part of the pardon.

 Measures of Prevention that are not considered as penalty (not considered as penalty because
they are merely considered as PREVENTIVE MEASURES) (DIMT)
1. The arrest or detention is by reason of imbecility or insanity or any illness requiring
confinement of hospital
2. Confinement of minor to reformatory institution
3. Temporary suspension on holding public office during trial
4. Fines and other corrective measures impose by a superior officials in the exercise of
disciplinary power
5. Deprivation of rights and reparations which the civil law may establish in penal form.

B - Classification of Penalties (GDDF

 General Classification of Penalties:
1. Principal Penalties – expressly imposed by court
2. Accessory Penalties – deemed included in the imposition of principal penalties. The following
are considered as accessory penalties: ASSIFCP
a. Perpetual or temporary absolute disqualification, (Jalosjos vs COMELEC)
o Effects of disqualification are as follows:
I. The deprivation of the public offices and employments which the
offender may have held even if conferred by popular election.
II. The deprivation of the right to vote in any election for any popular office
or to be elected to such office.
III. The disqualification for the offices or public employments and for the
exercise of any of the rights mentioned.
IV. The loss of all rights to retirement pay or other pension for any office
formerly held.
 o In Perpetual disqualification, it is effective during the lifetime of the convict and
even after the service of the sentence. In Temporary, disqualification last until
the sentence was served except:
I. Deprivation of the public office/ employment; and
II. Loss of all rights to retirement pay or other pension for any office
formerly held.
b. Perpetual or temporary special disqualification,
o Effects of Perpetual or Temporary SPECIAL Disqualification
I. Deprivation of the office, employment, profession or calling affected; and
II. Disqualification for holding similar offices or employments perpetually or
during the term of the sentence
III. Deprivation of right to vote or to be elected to any public office; and
IV. Cannot hold any public office during the period of disqualification.
c. Suspension from public office, the right to vote and be voted for, the profession or
calling.
d. Civil interdiction,
e. Indemnification,
f. Forfeiture or confiscation of instruments and proceeds of the offense,
g. Payment of costs.
- Accessory Penalties can either be the Principal penalty itself or one that is imposed
upon the principal penalty itself. If the latter, it is deemed accessory penalty and its
duration shall be that of the principal penalty.
3. Subsidiary Penalties - those imposed in lieu of principal penalties, i.e., imprisonment in case
of inability to pay the fine only at the rate of one day for each amount equivalent to the highest
minimum wage rate prevailing in the Philippines at the time of the rendition of judgment of
conviction by the trial court but shall not in anyway exceed one year
- Judgement of conviction shall specifically state subsidiary imprisonment, an accused
cannot be made to under subsidiary imprisonment if the judgement of conviction did
not provide so
- Instances when Subsidiary Penalty is NOT Imposed (PIF)
1. If the penalty imposed by the court is higher than prision correccional (i.e., prision
mayor, reclusion temporal, or reclusion perpetua);
2. No subsidiary penalty for nonpayment of:
a. Reparation of the damage caused;
b. Indemnification of the consequential damages (ex. Moral, actual, temporal,
nominal and exemplary); and
c. Cost of the proceedings.
3. When there is no fixed duration (censure or suspension with fine since censure have
nor fix duration); and
4. Non-payment of income tax.
 Penalties according to their divisibility
1. Indivisible – No fix duration (cannot be offset by mitigating circumstances, i.e death, reclusion
perpetua, absolute disqualification)
2. Divisible – Have fix duration
 Penalty according to duration (CACL)
1. Capital Punishment
a. Death – Temporarily suspended
2. Afflictive Penalties
 a. Reclusion perpetua – 20 years and 1 day to 40 years plus accessory penalty of either
civil interdiction or perpetual absolute disqualification
b. Reclusion temporal –
I. Minimum : 12 years and 1 day to 14 years and 8 months
II. Medium : 14 years, 8 months and 1 day to 17 years and 4 months
III. Maximum : 17 years, 4 months and 1 day to 20 years
IV. Plus accessory penalty of either civil interdiction or perpetual absolute
disqualification
c. Prision mayor –
I. Minimum period: From 6 years and 1 day to 8 years
II. Medium period: From 8 years and 1 day to 10 years
III. Maximum Period: From 10 years and 1 day to 12 years
IV. plus temporary absolute disqualification or perpetual special disqualification
d. Perpetual Absolute Disqualification
e. Perpetual or Temporary Special Disqualification
3. Correctional Penalties
a. Prision correccional –
I. Minimum period: From 6 months and 1 day to 2 years and 4 months
II. Medium period: From 2 years, 4 months and 1 day to 4 years and 2 months
III. Maximum: From 4 years, 2 months and 1 day to 6 years
IV. plus suspension from public office and right to practice profession or perpetual
special disqualification
b. Arresto mayor – 1 month and 1 day to 6 months plus accessory penalty of suspension of
the right to hold public office or right to exercise suffrage
c. Suspension - 6 months and 1 day to 6 years but shall follow the principal penalty if
imposed as an accessory
d. Destierro - It is a punishment whereby a convict is banished to a certain place and is
prohibited from entering or coming near that place designated in the sentence. If the
convict should enter the prohibited places, he will be committing the crime of evasion of
service of sentence (6 months and 1 day to 6 years, cannot be an accessory penalty)
4. Light Penalties
a. Arresto menor – 1 day to 1 month plus accessory penalty of suspension of the right to
hold public office or right to exercise suffrage
b. Public censure
 Penalties according to fine (RA 10951)
Afflictive Over 1.2M
Correctional 40k – 1.2M
Light Not exceeding 40k
Note: Imposition of alternative penalty is prohibited unless otherwise, agreed upon during a
plea bargaining agreement (ex. A judge cannot impose a penalty of a fine in lieu of
imprisonment or vice versa)

Article 28. Computation of penalties. - If the offender shall be in prison, the term of the duration of the
temporary penalties shall be computed from the day on which the judgment of conviction shall have
become final. If the offender be not in prison, the term of the duration of the penalty consisting of
deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the
judicial authorities for the enforcement of the penalty. The duration of the other penalties shall be
computed only from the day on which the defendant commences to serve his sentence.
  Rules on computation of penalties:
1. When the offender is in prison – duration of temporary penalties is from the day on which the
judgment of conviction becomes final. (there must be judgement of conviction to deduct in
the imposable penalty the temporary penalties since temporary detention is not a penalty
under contemplation of Article 24)
- Temporary penalties includes Temporary absolute disqualification, Temporary special
disqualification, Suspension
- If the offender is not in prison, the duration is from the day on which the offender
commences to serve his sentence.
2. When the offender is NOT in prison – duration of penalty consisting in deprivation of liberty, is
from the day that the offender is placed at the disposal of judicial authorities for the
enforcement of the penalty.
3. Duration of other penalties – duration is from the day on which the offender commences to
serve his sentence.
Article 29. Period of preventive imprisonment deducted from term of imprisonment. - Offenders who
have undergone preventive imprisonment shall be credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which they have undergone preventive imprisonment, if
the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon
convicted prisoners, except in the following cases:
1. When they are recidivists or have been convicted previously twice or more times of any crime; and
2. When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily.
 Preventive Imprisonment - Refers to the detention (includes destiero) of accused while the case
against him is ongoing trial either because: 1) The crime he committed is a non-bailable offense
and evidence of guilt is strong; or 2) The crime committed is a bailable offense but he does not
have the funds.
- Offenders who have undergone preventive imprisonment shall be credited in the service
of their sentence consisting of deprivation of liberty, with the full time during which they
have undergone preventive imprisonment, provided that
a. The detention prisoner agrees voluntarily in writing
b. Agrees to abide by the same disciplinary rules imposed upon convicted prisoners
- If the detention prisoner does not agree to abide by the same disciplinary rules imposed
upon convicted prisoners, he shall be credited in the service of his sentence with four-
fifths of the time during which he has undergone preventive imprisonment.
- There shall be no credit however if: (REHS)
a. When they are recidivists, or have been convicted previously twice or more times of any
crime; and
b. When upon being summoned for the execution of their sentence, they have failed to
surrender voluntarily.
c. Those charge with heinous crimes
d. escapees

C – Graduated Penalty
 Graduated penalty is the imposable penalty after taking into consideration the following
graduating factors:
1. Stages of execution;
2. Nature of participation; and
3. Presence of privileged mitigating circumstance.
 Note: Prescribe dpenalty is different from graduated penalty since prescribed is the one
defined under RPC, but not necessarily the imposable penalty which is the
graduating penalty
 Penalty according to stages of execution (the crime is punished in the different stages of
execution):
CONSUMMATED FRUSTRATED ATTEMPTED
Principals
Penalty prescribed by law for 1 degree lower than the 2 degrees lower than the
the offense. penalty prescribed by law penalty prescribed by law
Accomplices
1 degree lower than the 2 degrees lower than the 3 degrees lower than the
penalty prescribed by law penalty prescribed by law penalty prescribed by law
Accessories
2 degrees lower than the 3 degrees lower than the 4 degrees lower than the
penalty prescribed by law penalty prescribed by law penalty prescribed by law
- This shall not apply if:
1. The law expressly provides penalties for accomplices and accessories of a crime.
2. The law expressly provides penalties for frustrated and attempted stages.
 Rules for the application of divisible and indivisible penalties in relation to appreciation of
mitigating and aggravating circumstances:
1. For indivisible penalty
a. For Single indivisible penalty - it shall be applied by the courts regardless of any
mitigating or aggravating circumstances that may have attended the commission
of the deed.
b. For two indivisible penalty - When the penalty is composed of two indivisible
penalties, the following rules shall be observed:
1. When there is only one aggravating circumstance, the greater penalty shall
be imposed;
2. When there is neither mitigating nor aggravating circumstances, the lesser
penalty shall be imposed;
3. When there is a mitigating circumstance and no aggravating circumstance,
the lesser penalty shall be imposed; and
4. When both mitigating and aggravating circumstances are present, the court
shall allow them to offset one another.
2. For divisible penalty (reclusion temporal below) (
a. When there is neither aggravating nor mitigating: the penalty in its medium period
shall be imposed;
b. When there is only a mitigating circumstance: the penalty in its minimum period shall
be imposed;
c. When there is only an aggravating circumstance: the penalty in its maximum period
shall be imposed;
d. When there are aggravating and mitigating – the court shall offset those of one class
against the other according to relative weight;
e. Two or more mitigating (special mitigating circumstances) and no aggravating –
penalty next lower, in the period applicable, according to the number and nature of such
circumstances; and
f. No penalty greater than the maximum period of the penalty prescribed by law shall
be imposed, no matter how many aggravating circumstances are present.
D - Indeterminate Sentence Law (ISLAW)
 An indeterminate sentence is a sentence with a minimum term and a maximum term which the
court is mandated to impose for the benefit of the guilty person who is not disqualified to avail
thereof. The maximum imprisonment of the guilty person must exceed 1 year. Applicable to
both violation of RPC and special law. What ISLAW does is that it determines minimum term and
then if already served, can be granted a parole.
 The Indeterminate Sentence Law is mandatory in all cases, EXCEPT: (PIPHECS1)
1. if sentenced with a penalty of death or life imprisonment
- However, for purposes of determining whether graduated or prescribed
penalty is applicable, for graduated penalties, graduated penalties shall be the
one to follow, not prescribed penalty. that is why if the crime is committed by
minor then crime committed punishable by reclusion perpertua to death, then
appreciate privileged mitigating circumstances, then apply ISLAW
2. if convicted of treason, conspiracy, proposal to commit treason
3. if convicted of misprision of treason, sedition, rebellion or espionage
4. if convicted of piracy
5. if the offender is a habitual delinquent
6. those who escaped from prison or evaded sentence
7. those who violated the terms of conditional pardon of the chief executive
8. where the maximum term of imprisonment does not exceed 1 year (important!)
9. if convicted by final judgement at the time of the effectivity of Act No. 4103
10. if penalized with suspension or distierro
 Computation of Minimum terms
1/ Applies only to divisible penalty
2/ Determine the maximum term of the penalty imposed.
3/ Apply the rules on appreciation of mitigating or aggravating circumstances on divisible penalty
and the result thereof will be the maximum term imposed
4/ get the penalty one (1) degree lower from the maximum penalty
5/ The minimum penalty shall be in any of its period as may be determined by the court
6/ In application of ISLAW to violation of special law, the maximum term does not exceed the
maximum penalty prescribed by law and the minimum term is not less than what the law
prescribes. The aggravating and mitigating circumstances are not considered unless the special
law adopts the same terminology for penalties as those used in the RPC (such as reclusión
perpetua and the like).

E – Complex Crime
 Complex Crime - Exists when two or more crimes are committed but they constitute only one
crime in the eyes of the law. Here, there is only one criminal intent hence, only one penalty is
imposed.
- Kinds of Complex Crime: (both a and b can also be called ordinary complex crime)
a. Compound crime - when a single act constitutes two or more grave or less grave
felonies. The following are the requisites:
1. Only a single act is performed by the offender; and
2. The single act produces:
i. Two or more grave felonies; or
ii. One or more grave and one or more less grave felonies; or
iii. Two or more less grave felonies.
 o In People vs Deiserto, a single act of pressing the trigger of an
armalite rifle is treated as several acts is treated as several acts for
as many bullets discharged therefore, chargeble with homicide or
murder as many as there are victims.
b. Complex Crime Proper – when an offense is the necessary means for committing the
other. The following are the requisites: (ex. Kidnapping in order to kill a person)
I. At least two offenses are committed;
II. One or some of the offenses must be necessary to commit the other; and
III. Both or all the offenses must be punished under the same statute.
c. Special Complex Crime or Composite Crime – one in which the substance is made
up of more than one crime, but which, in the eyes of the law, is only a single
indivisible offense. In a special complex crime, unlike in an ordinary complex crime,
the component crimes have no attempted or frustrated stages because the intention
of the offender/s is to commit the principal crime. Examples of Special Complex
Crimes:
1. Qualified piracy, when piracy is accompanied by murder, homicide, physical
injuries, or rape;
2. Rape with homicide;
3. Kidnapping with rape;
4. Kidnapping with homicide;
5. Kidnapping with physical injuries;
6. Robbery with homicide;
7. Robbery with rape;
8. Robbery with physical injuries; and
9. Robbery with arson.
- Ordinary complex crime vis-à-vis Special Complex Crime
Ordinary complex crime Special Complex Crime
1/ As to Concept It is made up of two or more It is made up of two or
crimes being punished under more crimes which are
distinct provisions of the RPC considered only as
but alleged in one information components of a single
either because they were indivisible offense being
brought about by a single punished in one provision
felonious act or because one of the RPC.
offense is a necessary means
for committing the other
offense or offenses.
2/ As to Penalties The penalty for the most Only one penalty is
serious crime shall be imposed specifically prescribed for
and in its maximum period. all the component crimes
which are regarded as one
indivisible offense
- Instances when there is NO Complex Crime (LECSDRIConceling a crime)
1. Kidnapping (Art. 267, RPC);
2. When one crime is an element of the other, for in that case, the former shall be
absorbed by the latter. e.g. trespassing which is an element of the robbery with force
upon things;
3. When the crime has the same elements as the other crime committed;
 o Example: Estafa and falsification of private documents have the same element
of damage. Thus, there is no complex crime of estafa through falsification of
private document.
4. When one of the offenses is penalized by a special law;
5. Continued crimes
6. if one of the offenses only produces light felonies.
7. Double murder (because they both arisis from different acts and one act is not
necessary to commit the other)
o In the case of People vs Desierto, the court held that several shots from a
Thompson sub-machine-gun causing several deaths, although caused by a
single act of pressing the trigger of the sub-machine gun, in view of its special
mechanism, the person firing it only has to keep pressing the trigger of the sub-
machine-gun, with his finger and it would fire continually. Hence, it is not the
act of pressing the trigger which should be considered as producing several
felonies, but the number of bullets which actually produced them.
8. There is no complex crime of rebellion w/ murder, arson, robbery or other common
crimes. They are mere ingredients of the crime of rebellion – absorbed already.
9. Direct Bribery
10. Incidental to the first crime only (robbery but in the course thereof, committed
kidnapping to forestall the police officer)

F – Probation Law
 A disposition under which a defendant after conviction and sentence is released subject to
conditions imposed by the court and to the supervision of a probation officer. Probation is a
mere privilege and its grant rest solely upon the discretion of the court.
- Upon application by defendant within the period for perfecting an appeal, the trial
court, if granted, will suspend the execution of the sentence and place the defendant on
probation for such period and upon such terms and conditions as it may deem best;
 The benefits of the Probation Law shall not beextended to those: (6PONA)
1. Sentenced to serve a maximum term of imprisonment of more than six (6) years
- For minor who commit illegal possession of dangerous drugs, they can still avail the
remedy of probation even if the penalty is more than 6 years of imprisonment.
2. Convicted of any crime against national security;
3. Have previously been convicted by final judgment of an offense punished by imprisonment of
more than six (6) months and one (1) day and/or fine of more than one thousand pesos
(P1,000);
4. Have been once on probation under the provision of this Decree; and
5. Already serving sentence at the time the substantive provisions of this Decree became
applicable
 GR: No application for probation shall be entertained or granted if the defendant has perfected
an appeal from the judgment of conviction
EXP: In case a decision was appealed and that the decision rendered on appeal modified the
initial judgment which now impose a new penalty that is probationable.

G – Prescription of Crimes
Penalty Prescriptive Period
Death, RP and RT 20 years
Prision Mayor 15 years
 Correctional Penalties other than 10 years
arresto mayor
Arresto Mayor 5 years
Libel 1 year
Oral defamation and Slander by Deed 6 months
Light Offenses 2 months
- The period of prescription commences to run from the day the crime is committed or
from the day on which the crime is discovered by the offended party, the authorities or
their agents. If the crime is discovered by a witness, not included in computing
prescription of a crime. The term of prescription shall not run when the offender is
absent from the Philippines.
- Since it is a matter of law, it can be raise even if there raise for the first time on appeal.
Not waivable.
- Continuing commission of crime, therefore prescritption commence to run from the day
the crime stil continues to subsist
- Rules on summary procedure as applied to interruption on prescription in relation to
violation other than violation of RPC
- Cyber libel is a libel itself but merely an aggravating circumtances therefore, in
determing prescription, still follows Article 91 of RPC

I - CRIME AGAINST NATIONAL SECURITY

Art 114 – Treason - Any Filipino citizen or an alien residing here in the Philippines who levies war against
the Government or adheres to the enemy of the State by giving aid or comfort shall be held liable for a
crime of treason. No person shall be convicted of a crime of treason unless there is at least two
witnesses giving testimony over the same overt act or the accused made a confession before the open
court
 Treason is committed when an individual committed breach of allegiance. Allegiance is an
obligation of fidelity and obedience of an individual to a State to which he owes it in return of
the protection he receives from it. It can either be permanent or temporarily. Treason is a
continuing offense. It can be committed by a single or a series of act. It cannot be complexed
with other crimes such as murder since those are inherent already to treason.
 Element of Treason
1. Existence of a State of war (Not necessarily needs an actual declaration of a state of war,
actual hostilities is sufficient enough)
2. Any Filipino citizen or an alien residing here in the Philippines
3. Means of committing it either
a. Levies war against the State
I. Assembling of men
II. The purpose of the treasonable design was performed through force
b. Adherence to the enemy by giving aid or comfort
I. Adherence when the citizen intellectually and emotionally favor the enemies
II. Aid or comfort tends to strengthen the enemy or weaken the defense of the
State (i.e serving as an informer or being a spy)
Note: (Both shall co-exist with each other. Adherence alone will not constitute treason.
However, in adherence, the two witness rule is not an element)
 How Treason may be Proved:
1. Testimony of two witnesses, at least, to the same overt act (Two-Witness Rule); or
 - Meaning if two overt acts will point out about the accused being committed treason,
there must be at least two witness for both overt acts, 4 witness in total
2. Confession of the accused in open court.
- Extrajudicial confession or confession made before the investigators is not sufficient to
convict a person of treason.
 Defense to treason can be
1. Juress or other the influence of uncontrollable fear
2. Lawful obedience to a de facto government
Note: Suspended allegiance or change of sovereignty is not a defense against treason
because a citizen owes an absolute and permanent allegiance to his government. The
sovereignty of the Government is not transferred to the enemy by mere occupation
Art 115 – Conspiracy and Proposal to commit treason
 Elements of Conspiracy vis-à-vis Proposal to commit treason
1. Conspiracy
a. State of war
b. Two or more Filipino citizen or an alien residing here in the Philippines
c. Came into an agreement concerning the commission of treason either by levying war or
adherence to enemy by giving aid or comfort
d. They decided to commit it
2. Proposal
a. State of war
b. A Filipino citizen or a foreigner residing here in the Philippines who has committed
treason either by levying war or adherence by aid or comfort
c. Proposes its execution to someone else
 These are one of those instances in which conspiracy or proposal to commit an offense is
punishable itself since the very existence of the State is endangered.
Art 116 – Misprision Treason
 Elements
1. Must be any Filipino citizen but not a foreigner
2. Has any information regarding the conspiracy to commit a treason
3. Conceals or did not disclose such information to a fiscal, mayor or governor of a province
4. Shall be punished as an accessory to commit treason
 Misprision treason does not apply when the crime of treason is already committed by someone
and the accused does not report its commission to the proper authority . Doesn’t have any
penalty impose therefrom but the accused shall be held liable as an accessory to a crime of
treason therefore, rules on punishment as accessory be followed
Art 117 – Espionage
 Any person, owing allegiance to the State, either a Filipino citizen or a foreigner residing in the
Philippines may inflict espionage when
1. By entering, without authority, a warship, forts, naval and military establishment or
reservation and was able to obtain information, plans or photographs and other data
that are considered as confidential in nature in respect to the national defense of the
country
(There must be intent to used such information at the injury of the republic otherwise,
not liable for espionage)
2. A public officer who was able to possessed those stated in the preceding paragraph by
reason of the office he holds and discloses it to the representative of the foreign country
 Note: Violation of Item 1 can be private or public persons. But for item No. 2, only for
public officers. Both however can be done at the same time and still liable for crime
of espionage.
 Espionage vis-à-vis Treason
1. Espionage can also be committed at times of peace; treason can only be committed at times
of war
2. Espionage can be done in different ways; treason only on two modes stated
Art 118 – Inciting war or giving motives for reprisal
 A private individual or a public officials or employee who by, unauthorized or unlawful acts,
provokes or gives occasion to war involving or tends to involve the Republic of the Philippines or
expose its citizen to reprisal concerning his property or person
 Redress or satisfaction from other who refuse to make amends of such illegal acts
Art 119 – Violation of Neutrality
 Elements
1. There is a war in which the Philippines is not involved
2. A regulation was issued in relation to enforcing such neutrality (The regulation must be issued
by a competent authority like the President of the Philippines or the Chief of Staff of the Armed
Forces of the Philippines)
3. A violation has been committed
Art 120 – Sending Correspondence to Hostile Country
 Elements
1. There is a war in which the Philippines was involved
2. The offender send a correspondence to hostile country
3. That the correspondence shall be
a. Prohibited by government
b. Carried in cipher (secret message) or conventional sign
c. Useful to the enemy
Art 121 – Flight to enemy’s country
 Elements
1. There is a war in which the Philippines was involved
2. The offender is a person owing allegiance to the state
3. The offender attempted to Flee to enemy’s country
4. Prohibited by the State
Art 122 – Piracy
 Elements of Piracy
1. A vessel who is on a high seas or Philippine water (As amended by RA 7659)
2. Was attack or seized as a whole or as a part seizing its cargos, equipment or personal
belongings of passenger
3. The offender are not members of the compliment or a passenger (PD 532 includes mutiny and
Philippine waters)
 Piracy is an enemy of mankind, therefore triable to any country
 Piracy under RPC vis-à-vis Piracy under PD 532 (Anti-Piracy and Anti-Highway Robbery Law of
1974)
Piracy under RPC Piracy under PD 532
1/ As to Where it can be Can be committed while the Can be committed only when
Committed vessel is on high seas or in the vessel is in Philippine
Philippine waters waters
2/ As to Who may be the Can only be committed by Can be committed by any
 Offender persons who are not person, including the vessel’s
members of the vessel’s complement, or the
complement, or the passengers of the vessel
passengers of the vessel. If
members of the vessel or
passengers, that is not
anymore piracy but theft and
robbery
Art 123 – Qualified Piracy
 Circumstances Qualifying the Crimes of Piracy
a. Whenever they have Seized a vessel by boarding or firing upon the same. It is important
that the purpose of boarding and firing was to seized the vessel
b. For pirates, abandoned without means of saving themselves
c. Committed murder, rape, physical injury or homicide (do not complex since the criminal
is already considered as special complex crime)
II - CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE - They are crimes because they violate
provisions on Bill of Rights
Art 124 – Arbitrary Detention -
 Elements
1. Offender is a Public officer or employees (vested with authority to detain)
2. Detains a person (deprivation of liberty)
3. Without any legal grounds
o If the one who commits the detention is a private individual, the crime is Illegal
detention, not arbitrary detention. If the offender does not have the authority to
detain a person (even if public officer), the crime committed by him is illegal
detention.
 Arbitrary detention can be committed thru negligence or imprudence Illustration: A police
officer re-arrests a woman who had been released by means of verbal order of the judge. The
police officer acted without malice, but did not verify the order of release before proceeding to
make the re-arrest. He is liable for arbitrary detention through simple imprudence.
 Penalties for Arbitrary detention depends upon how long the accused was detained
1. If detention last 3 days, penalty maximum of arresto mayor to minimum of prision
correctional
2. If detention is 3 – 15 days, penalty, medium and maximum of pricion correctional
3. If detention is 15 days to 6 months, prision mayor
4. If detention more than 6 months, reclusion temporal
Art 125 – Delaying the delivery of detained person before the judicial authority
 Elements
1. Offender must be a public officer or employee
2. the detention was effectuate through warrantless arrest.
2. There is a legal grounds
3. Unable to deliver the detained person before judicial authorities within the legal period
prescribed.
a. Within 12 hours for light felonies committed
b. Within 18 hours for correctional penalties committed
c. Within 36 hours for afflictive penalties committed
d. Within 14 calendar days for terrorist under Anti-Terrorism Law and can be extended up
to 10 days
  The bringing does not necessarily means to bring the body itself. It is enough that there is filing
of information before the competent court. The purpose is so that the court would acquire
jurisdiction over the person of the detained person.
 A person arrested without a warrant who opts to avail his right to Preliminary Investigation
under the Revised Rules of Court, should waive in writing his rights under Art. 125 of the RPC.
The waiver must be under oath and with the assistance of counsel. If the accused does not want
to waive such right under Article 125, the arresting officer will have to comply with Art. 125 and
file the case immediately in court without preliminary investigation. This must be without
prejudice to questioning the validity of the warrant
Art 126 – Delaying the release
 Elements
1. The offender is a public officer or employee
2. There is a judicial order or executive order to release the detained person. Such detained
person can either a person convicted by a final judgement or those that are illegally detained
under preceding article
3. The delaying was committed by
a. Delaying the performance of judicial or executive order for the release of a prisoner;
b. Unduly delaying the service of the notice of such order to said prisoner; and
c. Unduly delaying the proceedings upon any petition for the liberation of such person.
Art 127 – Expulsion
 Elements
1. Offender is a public officer or employee
2. The public officer or employee has no authority provided by law to do so. ( In the case of
Villavcicencio vs Lukban, it stated that only the court by final judgment can order a person to
change his residence, not a mayor)
3. He either expel a person from any parts in the Philippines or compel him to change residences
 If such acts will be committed by a private person, the crime would be grave coercion
Art 128 – Violation of Domicile
 Elements
1. Offender is a public officer or employee
2. Without any judicial order
3. Committed the following
a. Enters the dwelling against the will of the owner
b. Conduct search of papers and other effects without consent
c. Was asked to leave the premises but refused to do so
 The crime committed is trespass to dwelling when the punishable acts under Art. 128 are
committed by a private person.
Art 129 – Search warrant maliciously obtained or if legally obtained, executed with abuse
 Elements
a. Offender is a public officer or employee
b. He was able to procure a search warrant
c. The search warrant is either obtained without probable cause or if legally obtained,
executed with unnecessary severity
Art 130 - Searching domicile without witnesses
 Elements
a. Offender is a public officer or employee who is authorized by law to execute the search
warrant
 b. He has a validly obtained search warrant
c. He conduct the search without the owner, members of the family or at least two
witnesses in such locality

Art 133 – Offending religious feeling

 Elements
1. Offender can be any person (not limited to public officers)
2. Acts complained of was performed on
a. Place devoted for Religious worship; or
b. During the conduct of religious ceremony (processions, special prayers etc.)
3. Notoriously offending to the feelings of the faithful (must be directly related against the
religion, not merely indicental)
4. Such act was made deliberately

III - CRIMES AGAINST PUBLIC ORDER

Art 134 – Rebellion and Insurrection
 Rebellion purpose is to completely overthrow the existence of the government and replace it
with another. In insurrection, the primary purpose is to effect changes of minor importance or
prevent some governmental actions.
 Elements
1. There must be public uprising and taking of arms against the government
2. The purpose is to either
- Remove from the allegiance to the government any part of the Philippine territory or navy and
armed forces thereof
- deprive the Chief Executive and legislative any of their powers and prerogative either wholly or
partly
 Rebellion is a political crime since it directly attacks the political order of the State.
 The nature of rebellion is that it is a crime of masses, it must involve multitude of people.
 Rebellion cannot be complex for any other crime. However, if the subsequent acts is committed
not in furtherance thereof of the crime of rebellion, the offender may therefore be tried in a
separate offense.
 Difference between rebellion and treason

Rebellion Treason
1. The uprising is against the government 1. The levying of war is to aid the enemy
2. The purpose is to overthrow the 2. The purpose is to deliver the country to the
government enemy of the State.

Art 134 A – Coup d’ etat

 Elements
1. The offender must be a member of military or police force or at least holding a public office or
employment
2. The swift attack is accompanied by violence, threat, intimidation, stealth and strategy
3. The attack is directed against the duly constituted authorities of the Republic of the
Philippines or to any of its military camps or installation, communication networks, public
utilities or other facilities needed for the exercise and continued possession of governmental
power
4. The attacks purpose is to diminish the State of its power.
  Difference between rebellion and coup d’etat
Rebellion
1. The essence of the crime is public uprising
and taking up of arms against the
government
2. The purpose is to completely overthrow
the government and replace it with another
3. The offender in general are civilian
4. Commission involves multitude of people
Coup d’etat
1. The essence of the crime is a swift attack
accompanied by violence, threat,
intimidation, stealth or strategy on the
military camps, installation, communication
networks or other facilities needed for the
exercise of governmental functions
2. the purpose is to only paralyze
governmental functions
3. The offender must be a member of police
or military force or those holding public office
or employment
4. Commission can either be singly or
simultaneously

Art 135 – Penalty for rebellion

 Leaders (reclusion perpetua)
- Those who maintain, heads or promotes rebellion
- Who leads, directs and commands coup d’etat
Participant
- Execute commands (Reclusion temporal)
- Who supports, abets, finance (prision mayor)
 If the leader is unknown or cannot be identified, the person who directed others, spoke for
them, sign relevant documents in furtherance of the crime of rebellion or coup d’etat or act in
their behalf will be consider as the leader.
Art 136 – Conspiracy and Proposal to commit rebellion and coup d’etat
 Those who conspired or proposed to other the execution shall be held liable as conspirator. To
be held liable as conspirator, there must be an agreement and decision to commit the crime of
rebellion or coup d’etat.
Art 137 – Disloyal of Public Officer or Employee
 Modes of committing it
1. Failure to resist within their means
2. Discharge of duties even if under control of the rebels
3. Accept appointment from the rebels
Art 138 – Inciting to rebellion
 Elements
1. The offender must not be in open hostility against the government and must not take up arms
2. He incites to other to rise publicly and take up arms against the government in furtherance of
rebellion.
3. The incites is made by propaganda, proclamation, speeches, banner, writings etc.
Art 139 – Sedition
 Elements
1. Offenders rise publicly and tumultuously (commotion and uproar)
2. Employment of force, intimidation or other means outside of legal methods
3. Committed the following acts
- Prevent the promulgation or execution of any law or holding of popular election
 - Prevent the national government, municipal or provincial to freely exercise its functions or
prevent execution of administrative order.
- Inflict any act of hate or revenge against the person or property of public officer or employee
- Inflict act of hate or revenge against private persons or any social class
- Despoil any person, municipality, provincial or the national government of all or part of its
properties for political or social ends.
 Participants in sedition must be more than three (3) or at least four (4), Does not contemplate
rising of arms against the government.
 The main purpose of sedition is create commotion or disturbance as a way of protest to express
their dissent. It is not always directed against the government or any public officials or
employees, it could be against private person or social class
 In sedition, it is important that the public uprising be tumultuous, peaceable assembly even if
the objective is enumerated as seditious conducts cannot be held liable for the crime of sedition.
(US vs Apurado)
 Other crimes committed in lieu of sedition can be tried separately. In the case of People vs
Umali, the court held that the accused be tried of sedition with separate filing of multiple
murder and physical injury. They attack the mayor of Tiaong, collaborated with Huks (rebels) to
accomplished goals). For me, it should be direct assault.
 Difference of Sedition and Rebellion
Sedition Rebellion
1. Crimes associated with sedition can be 1. Deemed absorbed
separately prosecuted
2. Political and social 2. Political
3. tumultuous uprising is enough to 3. There must be public uprising and taking
constitute sedition up of arms against the government

Art 141 – Penalty for sedition

 For leaders
- Prision mayor
For participant
- Prision correctional in its maximum
Art 142 – Conspiracy to commit sedition
 There is no proposal to commit, only conspiracy
Art 143 – Inciting to sedition
 Acts considered as inciting to sedition
1. Inciting to others the accomplishment of any acts which constitute sedition by means of
speeches, proclamation, writings etc.
2. Uttering seditious words or speeches which tends to disturb public peace
3. Writing, publishing or circulating scurrilous (vulgar, foul) libels against the government or any
of the duly constituted authorities thereof which tends to disturb public peace
 TO be seditious and scurrilous
1. Tend to disturb or obstruct any lawful officer in executing its function
2. Tend to instigate others to cabal and meet together for unlawful purpose
3. Suggest or incite rebellious conspiracies
4. Tends to stir up the whole people against the lawful authorities or disturb the peace of
community
 The offender must not take part in any public or tumultuous uprising
 The law purpose is to punish utterances which may endanger public order
Chapter 2 – Crimes against Popular representation
Art 143 – Acts tending to prevent the meeting of a national assembly and similar nature
 Elements
1. That there be a meeting in the National Assembly or any committees, sub committees,
provincial or municipal board
2. Prevents such meeting by force or fraud
Art 144 – Disturbance of proceedings
 Elements
1. That there be a meeting in the National Assembly or any committees, sub committees,
provincial or municipal board
2. Disturb the meetings or behave in a disorderly manner
Art 145 – Violation of Parliamentary Immunity
 Acts Punishable
1. By using force, intimidation, threats or frauds to prevent any member from
a. Attending the meeting of an assembly or committee of similar nature
b. Expressing his opinion
c. Casting his vote
2. By arresting or searching while there is a regular or special session, except if the act
committed is punishable by prision mayor.
Art 146 – Illegal Assemblies
 Meeting attended by armed persons
1. Elements
- There is a gathering and meeting
- Attended by armed men
- The purpose is to commit any crime punishable under RPC
 Meeting attended by people incited to commit crime of treason, rebellion, sedition or direct
assault
1. Elements
- There is a gathering of people wether armed or not
- The people are those incited to commit crime of treason, rebellion, sedition or direct assault
Art. 147 – Illegal Association
 Association was organized for the purpose of committing the crime under RPC
 Association was organized for the purpose contrary to public moral
Chapter 4 – Assault upon and resistance and disobedience to persons in authority and its agent
Art 148 – Direct Assault
 Ways of committing it
1. Without public uprising, by employing force or intimidation for the attainment of any acts
which would constitute sedition or rebellion
Elements
- Offender employs force or intimidation
- For the attainment of any acts which would constitute sedition or rebellion
- Without public uprising
2. Without public uprising, by attacking, employing force, or seriously intimidating or seriously
resisting a person of authority or any of his agent while engaged in the performance of its duties
or on the occasion of such performance.
Elements
 - Offender either makes an attack, employ force (serious in character), serious intimidations or
serious resistance
- The person assaulted is persons of authority
- At the time of assault the persons or agents of authority is either in the performance of its
duties or on the occasion of such performance (he is assaulted by reason of his past
performance)
- The offender aware that he is a persons or agents of authority
- Without public uprising
 Direct assault is crime against public order, ordinary assault is crime against person.
 Persons of authority are those directly vested with jurisdiction (The power and authority to
govern and execute laws). Agents of authority are those who maintains peace and order and
facilitate the public security and safety. – Enumeration provided in Art 152.
 Not in actual duties or performance
1. Persons in authority exceeds his powers or acted without authority
2. Unnecessary use of force or violence
3. Descended to matter which are private in nature
 No liability under Art 148
1. The public officer is a mere bystander
2. If did not know that the victim is a person in authority
3. No longer a public officer at the time of the attack even if the reason of the attack was due to
past performance of duties
 Qualified direct assault
1. Assault is committed by weapon
2. Offender is a public officer or employee
3. Lays hand upon person of authority
Art 149 – Indirect assault
 Elements
- An agent of person in authority is the victim of direct assault
- A person came to an aid of such agent of authority
- The offender use force or intimidation against the person who comes to an aid of the person
Art 150 – Disobedience to summons issued by national assembly or constitutional commission
 Acts Punishable under this code
1. Refusing without legal excuse to obey summons
2. Refusing to sworn or placed under affirmation while being before the legislative or
constitutional body
3. Refusing to answer any legal inquiry or produce relative documents when requested in the
exercise of their function (it cannot be applied it it will be used as an evidence against him)
4. Restraining another to appear as witnesses
5. Inducing disobedience to a summons or refusal to sworn
Art 151 – Disobedience or Resistance to a person or agent in authority
 2 kinds of disobedience under this provision
1. Resistance or serious disobedience
2. Simple disobedience
 Resistance or serious disobedience
Elements
- Person in authority or his agent is in the lawful performance of its duty
- The offender resist or seriously disobey
 - The act of the offender is not those enumerated under Art, 148-150
 Simple disobedience
- Agent of authority is in the lawful performance of its duty
- Disobey such agent
- Disobedience not serious in nature
 Difference between Resistance/Serious Disobedience and direct assault
Resistance/Serious Disobedience Direct Assault
1. Actual performance of duties 1. Engage in the performance of duties
2. Committed only by resisting and seriously 2. Committed by attacking, employment of
disobeying person or agent of authority force, serious intimidation and serious
resistance
3. Use of force must not be so serious 3. must be serious and deliberate

Art 152 – Who are Persons and Agents of Authority?

 Persons of Authority
- Mayors
- Division Superintendent of school
- Professor and teacher
- Judges
- Fiscal
- Lawyers
- Brgy Chairman
- Sangguniang Bayan
- Members of Lupong tagapamayapa
- Directly vested with jurisdiction including those member of governmental board, corporation
or commission.
 Agent of Authority
- Those who maintains peace and order or facilitate the safety and security of the Community
including tanods and Kagawads
Chapter 5 – Crimes against Public disorder
Art 153 – Tumults and other disturbance
 Means to violate such provisions
1.Causing any serious disturbance in public place, office or establishment
2. Interrupting or disturbing a peaceful meetings not included in 131 or 132
3. Making an outcry tending to incite rebellion or sedition (spontaneous)
4. Displaying placards or emblems that may cause public disorder
5. Burying with pomp body of a person who is legally executed
 Difference between making an outcry and inciting to sedition and rebellion
Making an outcry Inciting to sedition/rebellion
1. Meeting lawful from the start 1. Meeting unlawful from the start
2. The outcry must be spontaneous and 2. The utterances is deliberately calculated.
unconsciously
 There is tumultuous disturbance if it is cause by more than 3 persons who are armed or provided
with means of violence
Art 154 – Unlawful use of publication and utterance
 Means to violate such provision
1. Publishing by means of printing, lithography or other means of publication false news which
may endanger the public order
 2. Encouraging disobedience to law or authorities by praising, justifying, extolling any act
punished by law
3. Maliciously publishing official resolution or documents without proper authority or before
they have been officially published
4. Printing, distributing and publishing books, leafelts or the same kind which does not bear the
real printers name or classified as anonymous

Art 155 – Alarm and Scandal

 Means to violate such provisions
1. Discharging of firearms, firecrackers, rocket or other explosive (Discharges during fiesta or
festival not covered since there is no intention to harm)
2. Instigating or taking an active part in charivari or other disorderly meeting to the prejudiced of
the public
3. Disturbing the public peace while wandering at night or nocturnal amusement
4. Causing disturbance while intoxicated.
- If serious in nature, it will fall under Art 153.
Art 156 – Delivering prisoner from jail
 Elements
1. A person detained
2. The person removes therefrom the accused or help the escape (to include also those in
hospital or asylum)
 Person liable
1. Outsider to the jail
2. Employee of the penal establishment who does not have custody of the prisoner
3. Co-prisoner
 If the person who escaped is a detained person, no liability, if convicted by a final judgement,
liable
 Difference between Delivering prisoner from jail and infidelity in the custody of prisoner.
Delivering prisoner from jail Infidelity in the custody of prisoner
1. Prisoner is not under custody of the 1. prisoner is under custody of the offender
offender
Chapter 6 – Evasion of Service of Sentence
Art 157 – Evasion of Service of Sentence
 Elements
1. Offender is a convict of final judgement
2. He is serving his sentence for restraint of liberty
3. He evades the serving of sentence by escaping during the term of his sentence
 Qualifying circumstances
1. Conniving with other convicts
2. Using picklocks, false keys deceit, violation or intimidation
3. Means of Unlawful entry (scaling/climbing of walls)
4. Breaking doors, windows, gates or walss
 Applicable to penalty of destierro but not to deportation
Art 158 – Evasion of service of sentence on the occasion of disorder
 Elements
1. Offender is a convict of final judgement
 2. There is disorder because of
- Conflagration
- Earthquake
- Explosion
- Other similar catastrophe
- Mutiny in which he is not a participant
3. Evades by leaving the penal institution
4. Fails to surrender himself within 48 hours upon order of the Chief Executive
Art 159 – Evasion by violation of conditional pardon
 Elements
1. Offender is a convict
2. Granted conditional pardon
3. He violated any of the conditions of pardon
 Difference between violation of conditional pardon and evasion of service of sentence
Violation of conditional pardon Evasion of service of sentence
1. Its not a public offense for it does not 2. It is a public offense separate and
cause harm and injury to the right of other independent from any other act
person
Art 160 – Quasi – Recidivism
 Elements
1. Offender convicted by a final judgement
2. He committed a new felony before beginning to serve such sentence

IV – CRIMES AGAINST PUBLIC MORALS

Gambling and Betting already repealed by PD 449 (cockfighting), PD 483 and other special laws
 Gambling is a game or scheme whether by chance or skills, where one wages by means of
money, or any other things that are susceptible of appropriation.
 The law does not punishes those who are just a mere bystander or just passing through.
 Lottery is game of chance wherein the prizes are distributed among those persons who bets in
consideration of a determinable sum of money.
 Elements
1. Consideration
2. Chance
3. Prize or some advantage or inequality in amount or value which is in the nature of a prize
- Guessing game is lottery. If obtain full value of money, not lottery
 Elements of knowingly permitting illegal gambling within your own premises (you owned the
property)
1. The illegal gambling was carried on in an inhabited or uninhabited place, any building, vessel,
other means of transportation.
2. Such place is owned or controlled by the offender
3. He knowingly permit such illegal gambling game
 Act punishable in Horse Race
1. By betting in horse race during periods not allowed by law
2. By using totalizer or other betting scheme in the conduct of horse race during periods not
allowed by law
Offenses against Decency and Good Customs (Art 201 – 202)
 Decency means propriety of conduct, modesty and good taste
  Customs are established usages, social conventions carried on by traditions and enforce social
disapproval of any violation thereof.
Art 200 – Grave Scandal
 Elements
1. Offender performs an act
2. Such act is highly scandalous and offending against decency and good customs
Must be directed to sense of decency and good customs and not on property
3. Such scandalous conduct must not fall under any of the punishable acts under RPC
4. It must be committed in public place or within public view or knowledge.
Art 201 – Immoral doctrines, obscene publications and exhibitions, and indecent show
 Punishable acts
1. Those who publicly expound or proclaim doctrine contrary to public morals
2. Authors of obscene literature, editors, owners or operators selling the same
3. Those in theaters, fairs, cinematographs or any other place that exhibit immoral plays, scenes,
acts or shows. Such acts shall include those which are:
- Glorify criminals or condone crimes
- Serve no other purpose but to satisfy the market for violence, lust or pornography
- Offend any race or religion
- Tend to abet traffic in and use of prohibited drugs
- are contrary to law, good customs, morals and public policy

V – Crimes committed by Public Officers

Art 203 – To be a public office
1. Taking part in the performance of public functions in the government or performing in the said
government or any of its branches public duties as an employee, agent or subordinate officials of any
rank or class
2. That his authority to take part in the performance of public duties and functions must be
- By direct appointment
- Popular election
- Appointment by competent authority
 The term public officers embraces every public servants including janitor as long as paid by the
government.
 Public Officer under RA 3019
1. Elective and Appointive Officials and employees
2. Permanent and temporary
3. Classified or Unclassified
4. Exemption service receiving compensation even nominal from the government
 Misfeasance, Malfeasance, Nonfeasance
Misfeasance Malfeasance Nonfeasance
1. Improper performance of 2. Performance of some act 1. Omission of an act which is
public duties or functions which must not be done ought to be done
Art 204 – Knowingly rendering unjust judgement
 Elements
1. Offender is a judge
2. Renders a judgement of a case submitted for decision
3. Judgement is unjust
4. Judge knows that it is unjust
  Judgement is a final consideration and determination of a court of competent jurisdiction upon
matters submitted to it for an action or proceedings. It must be
1. Written in official language
2. Personally and directly prepared by the judge and signed by him
3. Shall contain clear and distinct statement of facts and law as the basis of decision
 Unjust judgement is one contrary to law. Cannot be committed by collegiate courts like CA and
SC
 Sources of unjust judgement
1. Error
2. Ill-will or revenge
3. Bribery
Art 205 – Judgement rendered through negligence
 Elements
1. Offender is a judge
2. Renders a judgements submitted for decision
3. Judgement is manifestly unjust
4. It is due to inexcusable negligence or ignorance
Note: Before Art 204 and 205 be filed, there must be a declaration that the said decision is indeed unjust
or rendered through negligence. Abuse of discretion or error on judgement cannot be used as a cause.
Must be gross ignorance.
Art 206 – Unjust interlocutory order
 Elements
1. Offender is a judge
2. He performs any of the following acts
- Knowingly render unjust interlocutory order
- Renders a manifestly unjust interlocutory order which is due to inexcusable ignorance or
negligence
 Test in determining if its an interlocutory order? – If it leaves something to be done in the trial
court in respect to the merits of the case
Art 207 – Malicious Delay in the administration of justice
 Elements
1. Offender is a judge
2. A proceeding in his court
3. Delay in the administration of justice
4. Such delay is malicious and caused by the judge with deliberate intent to inflict damage to
either party.
Art 208 – Prosecution of Offenses, Negligence and Tolerance
 Punishable Acts
1. Malicious refrain of instituting a prosecution for violators of law
2. Malicious tolerating of the commission of the crime
 Elements
1. Offender is a public officer or officers of the law who has a duty to cause the prosecution or to
prosecute offenses
2. Offender committed dereliction of duties of his office either by after knowing the commission
of the crime, but still did not cause the prosecution or after knowing that a crime is about to be
committed, tolerates its commission
3. Offender acts with malice and deliberate intent in favor of the violators of the law.
  Public officer refer in this provisions are those working as a public prosecutor who is task in
instituting a criminal proceedings after having known or knowledge of the said offenses.
Officers of the law referred in this provision are those who are duty bound to cause the
prosecution by reason of the office they hold
 If Public officers harbored, concealed or assisted in the escape of felon, he will be considered as
principal in the crime. It is not applicable to police officer or to employee, agents from BIR
Art 209 – Betrayal of trust of a lawyer or solicitor – Revelation of secret
 Punishable Acts
1. Causing damage to the Client either by
- Malicious breach of professional duty
- Inexcusable ignorance or negligence
2. Revealing the secrets of the clients
3. Undertaking the defense of the opposing party without consent from client.
 Privilege Communication – Statements made by the client to his lawyer concerning the case
being referred before him
 Procurador Judicial – Person who has the practical knowledge of law or procedure but is not a
lawyer who represents a party before inferior court
Art 210 – Direct Bribery
 Bribery is committed when the offender accepts or receives gifts, offers, presents or promise in
consideration of an execution or performance of an act in relation to his public or official duties.
 Punishable Acts
1. Agreeing to perform or performing an act in connection to the performance of his official or
public duties in which, such acts amount to crime – Meeting of mind is sufficient, Delivery of
consideration not relevant.
2. Accepting gift in consideration of the execution of an act in which such act does not amount to
crime – Meeting of mind not sufficient, the offender must accept such gift.
3. Abstaining from the performance of official or public duties
 Elements (OARR)
1. Offender is a public officer within the concept of Art 203
2. Offender accepts such offer or promise or receives such gifts of presents either by himself or
through another.
3. Public officer accepts or receives it by reason of (VCR)
- In view of the commission of some crime
- In consideration of the execution of an act which does not amount to crime but is unjust
- Refraining to perform official duties or functions
4. The act agreed to be perform or execute is in relation to the performance of his official or
public functions
 The object of consideration must have value or capable or pecuniary estimation. It is a crime of
moral turpitude which can be inferred in the third elements.
 Difference between Direct Bribery and Prevaricacion
Direct bribery Prevaricacion
1. The officer refrain from doing something 1. The public officer refrain from doing
because of consideration of GOPP something but no GOPP
Art 211 – Indirect bribery
 Elements
1. Offender is a public officer within the concept of Art 203
2. He accepts gifts
3. Said gifts was offered to him by reason of his office
  Difference between Direct Bribery and Indirect Bribery
Direct Bribery Indirect Bribery
1.There is agreement between the corruptor 1. There is no agreement between the
and the public officer corruptor and the public officer
2. The public officer is called upon to perform 2. The public officers is not called upon to
or refrain from performing official acts or perform or refrain from performing official
duties acts or duties
Art 211A – Qualified Bribery
 Elements
1. Offender is a public officer entrusted with law enforcement
2. He refrains from arresting or prosecuting person charged with reclusion perpetua to death
3. He refrain from arresting or prosecuting person in consideration of GOPP
Art 212 – Corruption of Public Officials
 Elements
1. Offender makes an offer or promise or gives a gift or presents
2. Such GOPP was given or made under circumstances in which the public officer can be held
liable either by direct or indirect bribery
* Please see discussion under Special Law, particular, RA 3019 or the Anti-Graft and Corrupt Practices
Act
Art 217 – Malversation of Public Funds or property
 Punishable Acts (ATCB)
1. Appropriating
2. Taking or Misappropriation
3. Consenting or through abandonment or negligence, permit other person to take public funds
or property
4. Being otherwise guilty of misappropriation or malversation
 Elements of Malversation (OCPA)
1. Offender a public officer
2. He had custody or control of such funds or property by reason of the office or duties he holds
3. It is public funds or property
4. He appropriated, misappropriated, consented, or through abandonment or negligence, permit
others to take public funds or property.(deceit is not an element, therefore, no need to prove)
 It is not necessary that he misappropriated the funds, it must also be proved that he violated the
trust reposed on him (accountable officer, if not estafa).
 Failure to have properly account the funds, in case of shortage of funds will give a prima facie
evidence of malversation
 A private person may also commit malversation through (CACC)
1. Conspiring with accountable public officer
2. By becoming an accomplice or accessory
3. When the private person became the custodian of the said amount
4. When he was constituted as depository or administrator of the said public funds or property
Art 218 – Failure of accountable officer to render account
 Elements (OARF)
1. Offender is a public officer whether in the service or already separated
2. An accountable officer of the said funds or property
3. He is required by law to render accounts before the COA (prior demand to render account is
not a defense)
4. He fails to do so for a period of two months after such accounts should be rendered
Art 219 – Failure to render account before leaving the country
 Elements (OAU)
1. Offender is a public officer
2. An accountable officer of the said funds or property
3. He unlawfully left the Philippines without securing permit before COA that his accounts have
already been settled.
Art 220 – Illegal use of public funds or property or more commonly known as “technical malversation”
 Elements
1. Offender is a pubic officer
2. A public fund or property under his administration
3. Such public funds or property has been appropriated either by law or ordinance (if no
ordinance or law appropriating it, no technical malversation arises)
4. He applies it to other public purposes although already appropriated into specific public
purposes by a law or ordinance
 Good faith and damage is not a defense in technical malversation, it is mala prohibita
 Difference between Malversation and Technical Malversation
Technical Malversation Malversation
1. Offender has no personal gain or benefit 1. There is personal gain or benefit
2.The public funds or property is diverted to 2. Conversion of for personal interest of the
another public use offender or another person

Infidelity of Public Officer

Art 223 – Conniving or consenting Evasion
 Elements (OCPC)
1. Offender is a public officer
2. He has in his custody a prisoner either in detention or already convicted of final judgement
3. Prisoner escaped
4. He was in connivance of the prisoner to facilitate escape
Art 224 – Evasion through negligence (same with Art 223, escaped is just facilitate through negligence)
Art 225 – Escape of prisoner under custody of private person
 The prisoner was entrusted to private person but the person let him escaped by conniving
Art 226 – Infidelity in the custody of documents
 Elements (OASD)
1. Offender is a public officer
2. He abstracts, destroys, or conceals documents or papers
3. Such documents or papers should have been entrusted to the said person
4. Damage cause to third person or to public interest
Art 227 – Officer breaking seal – Those who broke the seal of a correspondence, not necessarily need to
have open the documents
Art 235 – Maltreatment of prisoner
 Elements
1. Offender is a public officer or employee
2. He has under in his custody a prisoner or detained person (if not charged with the custody,
physical injury)
3. The maltreatment is committed in the following manners
a. By overdoing himself in the correction or handling of a prisoner or detainee under his charged
either:
- Impose punishment not authorized by regulation
 - Inflicting punishment in a cruel and humiliating manner
b. Maltreatment to extort confession or information
 Not limited to physical punishment
Art 238 – Abandonment of office or position
 Elements (OFRA)
1. The offender is holding a public office
2. Formally resigns from the said office
3. His resignation has not yet been accepted
4. He abandon his office to the detriment of public service
 Qualifying if the motive is to evade performance of duties or prevent the prosecution of a crime
in Title I and Title III Chapter One
 Abandonment vis-à-vis Dereliction of duty
Abandonment of Duties Dereliction of Duty
1. Committed by a public officer 1. Committed by a public officer who have
the duty to institute prosecution for violation
of law
2. Abandon is by reason of evading discharge 2. Does not abandon office but fails to
of duty prosecute or cause the prosecution of
violators of law due to malicious tolerance
Art 239 – Usurpation of Legislative power
 Elements
1. Offender is an executive or judicial officer
2. That he: (MAS)
- Makes a general rules and regulation beyond the scope of his authority
- Attempts to repeal a law
- Suspend the execution thereof
Art 240 – Usurpation of Executive Function
 Elements
1. Offender is a judge
2. That he:
- Assume the power exclusively belongs to executive authority
- Obstruct executive from lawful performance of their function
Art 241 – Usurpation of Judicial Function
 Elements
1. Offender is holding office in Executive branch
2. That he:
- Assume the power exclusively belongs to judiciary
- Obstruct execution of an order issued by a judge
Art 245 – Abuses against Chastity (OSP)
 Elements
1. Offender a public officer
2. Solicit or make any indecent immoral advances to a woman
3. Offender party is a woman who: (ICW)
a. Interested in matters pending before public officers whether it be a decision or a report
b. Those who are under the custody of a warden or other public officer who are on charged
with custody of prisoner
c. Wife, daughter, sister or any relative, including affinity of a person who is under the
custody of the offender
VI – CRIMES AGAINST PERSONS
Art 246 – Parricide
 Elements
1. A person has been killed
2. He has been killed by the accused
3. The deceased is the legitimate/illegitimate mother, father and child of the accused of
legitimate spouse or any other legitimate ascendant or descendant of the accused.
 Knowledge of relationship is not necessary in committing such offense, so if a person kills
someone but later on found out that the person is his father, mother or child, he can still be held
liable
 Prima
Art 247 – Death or Physical Injury under exceptional circumstances
 Requisites
1. The accused who is legally marries or a parent caught in surprise his spouse or daughter (must
be below 18 years of age and at least leaving in the house of the parent) in the act of having
sexual intercourse with another.
2. The accused kills any or both of them or inflicts serious physical injuries while in the act or
immediately thereafter.
3. The accused did not facilitate or promoted the prostitution nor consent to the infidelity.
 The penalty if parricide is committed under exceptional circumstances will only be destierro. In
case of any degree of physical injury committed as a result of the said act, no liability shall be
incurred by the offender.
 Not necessarily actually caught in the act, it is sufficient that after surprisingly saw the incident,
even if no actual sexual intercourse, but there can be no other conclusion that can be inferred
except having a carnal act
Art 248 – Murder
 Elements
1. A person has been killed
2. The accused killed a person
3. The killing is attended by the qualifying circumstances
- Treachery (When an offender committed a crimes against person by employment of means,
method or forms which tends to directly or specially ensure its execution without however risks
to accused for whatever possible defense the victim might make. 2 requisites: 1. Victim render
defenseless; 2. The means employed are consciously adopted.
- The killing is in consideration of price reward, or money
- The killing is by means of fire, explosion, poison, use of any other means involving great waste
and ruins, stranding of a vessel, derailment or assaulted in railroad, inundation.
- The killing is committed during calamities.
- Attendant with evident premeditation. Requisites: 1. Time of determination 2. Manifest overt
act in lieu of the determination; 3. Sufficient lapse of time between the determination and
execution which would allow the accused to reflect upon his act
- With Cruelty
Art 249 – Homicide
 Elements
1. A person has been killed
2. The accused killed him without any justifying circumstances
 3. The intention to kill is presumed
4. It is not attended by any of the qualifying circumstances mentione din Art 248 or it is no
parricide or infanticide.
 How intent to kill can be proved
1. Nature of the wound
2. Means employed
3. Conduct of the accused before and immediately thereafter after the killing
4. Surrounding circumstances
5. Motive
6. Words uttered at the time of inflicting the inbjuries
 Illegal possession of firearms, under the influence of drugs, member of a syndicate can also
qualify the killing
Art 250 – Penalty for Frustrated cases of parricide, murder, or homicide
 The judge may decrease it by two degree lower, for attempted, 3 degree lower. This is
permissive and not mandatory
Art 251 – Death caused by tumultuous affray
 Elements
1. Several person involved
2. The group of person did not organized themselves for a common purpose of attacking or
assaulting each other reciprocally
3. The quarrel or assault is tumultuous or confused in manner
4. A person has been killed, not necessarily need to be a participant
5. The killer cannot be identified
6. Those who commit serious physical injuries can be identified. If it cannot also be identified, all
the person who inflict violence against the accused are liable
 Commotion by reason of fraternity cannot be covered under this Article since there is already an
organized develop for a common purpose of attacking or assaulting reciprocally.
Art 252 – Physical injury cause by tumultuous affray
 Elements
1. There is a tumultuous affray
2. A participant or some participant suffer serious physical or less serious physical injury
3. Person liable cannot be ascertained
4. All those who caused such violence to the person are known.
Art 253 – Giving assistance to suicide
 Means to commit
1. Assisting another to commit suicide even if not consummated.
2. Assisting another to commit suicide to the extent of doing the killing himself.
 A person who commits suicide cannot be held criminally liable as he is considered by the State
as an unfortunate being. However, if it cause public disturbance, he can be held liable for such
act.
Art 254 – Discharge of firearms
 Elements
1. A person discharge his firearms against another person
2. No intent to kill (The purpose must only to intimidate or frightened, not to kill)
 Discharge of firearms at house of someone is only alarm and scandal.
Art 255 – Infanticide
 Elements
 1. A child was killed (must be born alive)
2. It is less than 3 days old
3. Accused killed the said child
 Infanticide is killing of a child which is 3 days old whether the killer is the grandparent, parent or
any relative of the child. The penalty of prison mayor for a mother and reclusion temporal for
grandparent if the purpose is concealment of dishonor. Then for other person, penalty provided
in parricide or murder.
 Difference between Infanticide and parricide
Infanticide Parricide
1. Victim must be below 3 years old 1. Victim must be at least 3 years old
2. Conspiracy with a stranger would only be 2. Conspiracy with a stranger would be guilty
resulted to crime of infanticide of murder because of absence of relationship
3. Conceal of dishonor mitigating 3. Concealment of dishonor not mitigating
Art 256 – Intentional Abortion
 Intentional abortion is a willful killing of a fetus in a uterus or violent expulsion in maternal
womb
 Elements
1. There is a pregnant woman
2. Violence has been exerted upon her, Administering drugs or beverages or other acts upon
such pregnant woman
3. The fetus dies either from the womb or after having expelled therefrom
4. Abortion is intended
 Means to commit
1. Violence upon pregnant woman
2. Administering drugs and beverages without consent of the pregnant woman
3. Administering of drugs and beverages with consent
 Difference between Infanticide and Abortion
Infanticide Abortion
1. The victim is not viable but remains to be 1. The victim is viable and already a person
a fetus below 3 years old
2. Pregnant woman entitled to mitigation 2. Both the mother and grandparent are
for concealment of dishonor entitled to mitigating circumstances of
concealment of dishonor
Art 257 – Unintentional Abortion
 Elements
1. There is a pregnant woman
2. Violence is used against pregnant woman without intention of abortion
3. Violence intentionally exerted
4. The fetus dies either from the womb or after having expelled therefrom
 There is a complex crime of homicide with unintentional abortion.
 Intimidation cannot be a factor in unintentional abortion since unintentional abortion requires
used of force
Art 258 – Abortion practiced by woman herself or her parent
 Elements
1. A pregnant woman who has suffered abortion
2. Abortion is intended
3. Abortion is caused by
- pregnant woman herself
 - any person with her consent
- his parent
(Mitigating if concealment of dishonor)
Art 259 – Abortion practiced by midwife or physician
 Elements
1. A pregnant woman who has suffered abortion
2. Abortion is intended (if not intended, no liability – Justifying circumstances)
3. Must be a midwife or physician
4. Said Physician or midwife has taken advantage of such skill
 Elements if pharmacists
1. Must be a pharmacists
2. No proper prescription from physician
3. Dispenses abortive
Art 260 – Duel
Duel – Is a formal or regular fight consented by both parties in the presence of 2 or more seconds of
lawful age on each sides who made the pre-determined conditions to settle some antecedent quarrel.
 Punishable acts
1. Killing the adversary in duel
2. Inflicting physical injury to adversary in duel
3. Making a combat even if no physical injury manifested
Art 261 – Challenging to duel
 Punishable acts
1. Challenging another to duel
2. Inciting another to give or accept duel
3. Scoffing or decrying publicly when such person refuse to a duel
Art 262 – Mutilation
 Mutilation is the chopping or clipping off of some parts of the body which are not susceptible of
growth
 2 Modes of Committing
1. Intentionally mutilating by depriving a person either totally or partially of the essential organ
use for reproduction
Elements
- There must be castration
- The mutilation is caused purposely or deliberately
2. Intentionally mutilating by looping or clipping off any part of the body not essential organ for
reproduction to deprive of such body parts
Art 263 – Serious Physical Injury
 Modes of committing it
1. Assault
2. Beating
3. Administering injurious substance
4. Wounding
 What are considered as serious Physical Injuries
1. The injured become insane, imbecile, impotent (inability to copulate), or became blind (lost of
both eyes. – Prision mayor
 2. The injured loss his use of speech, ability to hear and smell, or loss an eye, foot, leg, arms or a
hand, or became incapacitated to work to which he is habitually engaged as a consequence of
the injury. – Prision correctional maximum
3. The injured becomes deformed (1. Physical ugliness, permanent and definite abnormality,
conspicuous and visible) or loss any member of the body not stated in the preceding paragraph
or the use thereof, or became incapacitated to work to which he is habitually engaged for more
than 90 days. – Prision correctional medium
4. When the injured person becomes ill or incapacitated to work for more than 30 days. –
Arresto mayor
 Crime of physical injury is a formal crime, it does not undergo stages of execution since what it
punished is the consequence and not the stages of the execution, it is always consummated.
 Qualifying circumstances
1. Relationship under parricide is present
2. Qualifying circumstances under murder present
 Difference between Mutilation and Serious Physical Injury
Mutilation Serious Physical Injury
1. With an intention to clip off some part of 2. No intention to clip off some parts of the
the body body
 Difference between Serious Physical Injury to Attempted or Frustrated homicide or murder
Serious Physical Injury Attempted or Frustrated homicide or murder

1. Must inflict serious physical injury 1. Not necessarily need to inflict serious
physical injury to be held liable
2. No intent to kill 2. With intent to kill

Art 264 – Administering injurious substance or beverages

 Elements
1. Inflict serious physical injury
2. It was done by knowingly administering to him injurious substance or beverages
3. No intent to kill
Art 265 – Less Serious Physical Injury
 Elements
1. Incapacitated to work for more than 10 days but not more than 30 days or shall require
medical attendance for the same period of time, so even if confinement is only 2 days, if the
medical certificate shows that it requires 30 days of healing before a person can work, it will fall
under this article (if medical attendance not procure, the crime will only be slight physical injury)
2. Those that are not prescribed under preceding article.
 Qualifying
1. Intent to insult or offend
2. There is ignominy
3. The offender is the parent, teacher, ascendant or guardians of the victim.
4. Victim is a person of authority provided not direct assault
Art 266 – Slight Physical injuries and maltreatment
 Those considered as Slight physical injury
1. Incapacitated to work for 1-9 days of shall require a medical attendance for the same period
2. Physical injury which did not prevent a person to work or seek medical attendance
3. Ill treatment by deed without causing any injury (slapping another) if there is intention to cast
dishonor, slander by deed.
RA 8253 – Anti-Rape Law of 1997, expanding the definition of rape
Art 266A – How rape is committed
1. Rape by having a Carnal knowledge (sexual bodily connections)
 Element
1. Offender is a man
2. Offender have a carnal knowledge with a woman
3. It is committed under any of the following circumstances:
a. Through force, threat or intimidation
b. Offender party deprived or reason or unconscious
c. Means of fraudulent machinations or grave abuse of authority
d. Offended party is below 12 years of age or demented even if none of the 3 previous
circumstances are present
2. Rape by sexual assault
 Elements
1. Offender is any person
2. The victim was sexually assaulted by the offender
3. The means of sexual assault are:
a. Inserting penis into another’s mouth or anal orifice
b. Inserting any instrument or object (like a hands) into the genital or anal orifice of
another person
4. The act of sexual assault is committed under any of the following circumstances:
a. Through force, threat or intimidation
e. Offender party deprived or reason or unconscious
f. Means of fraudulent machinations or grave abuse of authority
g. Offended party is below 12 years of age or demented even if none of the 3 previous
circumstances are present
 Difference between Old-Anti Rape law and RA 8353:
Old-Anti Rape law RA 8353
1. Crime against Chastity 1. Crimes against person
2. it can be committed by a man only 2. It can now be committed by any person
because of the second mode, sexual assault
3. Private Crime, it can only be filed by the 3. Public crime, even if no complainant,
woman, parent, grandparent or guardian maybe prosecuted
4. Marriage of the victim to the offender 4. Marriage will only benefit principal
benefits the principal, accomplice and
accessories
5. Marital rape not recognized 5. Marital rape recognized
 There is no crime of frustrated rape. Mere touching of the genital or the mons pubis can only
constitute either attempted rape or acts of lasciviousness. (People vs Campuhan wherein the
court held that penis indeed must touch the labia or slid into the female organ)
 Affidavit of Desistance. – Since rape is now a crimes against person, pardon by the offended
party will not extinguish the criminal liability of the accused. Such affidavit would only affect in
so far as the evidence presented by the complainant which thereafter was withdrawn. If the
State can look for other evidences to support the case, prosecution may still ensue.
 Not necessarily needed to have a presence of spermatozoa or hymen laceration to constitute
rape. They are not element of the crime of rape.
 To Qualified rape
1. Rape with homicide
 2. Offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity up
to 3rd civil degree or the common law spouse of the victim
3. Victim under the custody of police or military
4. When the rape was committed in full view of the husband, parent or children, or relatives by
consanguinity up to 3rd civil degree
5. The victim is engage legitimate religious vocation and personally known by the offender to be
such before and after
6. Victim is below 7 years old and below
7. Offender is inflicted with HIV/Aids or other sexually transmittable disease
8. Offender is a member of AFP, PNP or other parliamentary units taking advantage of the
position
9. The victim suffered permanent physical mutilation or disability
10. The offended party knew the pregnancy of the victim
11. Offender knew the mental disability, emotional disorder, or physical handicap of the victim.
 Elements of Statutory rape
1. Carnal knowledge
2. Victim is below 12 years of age
3. Even if consented, it would fall under rape.
 The doctrine of Maria Clara which posits on the resolve that a Filipina woman will not admit that
they have been abused unless it really happened, due to high regards on feminism has been
abandoned by the supreme court to use as a sole basis for conviction for a crime of rape, since
the court now recognize the woman’s dynamic role in society today. A strong, confidently
intelligent willing to fight for her rights.(People vs Amarela and Rancho)
 Medico-legal is not indispensable in prosecution of rape. Youth and immaturity are generally
badges of truth and sincerity.

VII – Crimes against Personal Liberty and Security

Crimes for Personal liberty
Art – 267 – Kidnapping and serious illegal detention
 Elements
1. Offender is a private individual, must not a parent of the victim for minor (If public officer with
authority to detain, arbitrary detention)
2. He kidnaps or detain a person (intent to deprive liberty must be establish with indubitable
proof, if incidental only to other crimes, not liable)
3. Act of detention and kidnapping must be illegal
4. Any of the following circumstances are present – to be serious
- The kidnapping or detention last for more than 3 days
- It is committed simulating public authorities
- Serious physical injuries are inflicted against the victim or threats to kill him are made
- The person kidnapped is a minor, female or a public officer (if victim is a minor, duration of
detention is immaterial, People vs Jacalne)
 Qualifying circumstances
1. If extorting ransom
2. Killed
3. Rape
4. Torture
 Ransom – It is the money, price or consideration paid for the release of the person being held
captive. No specific form of ransom required to consummate the felony of kidnapping with
 ransom for as long as it is intended as a bargaining chip. Even if there is no actual demand of
ransom, for as long as the intent is to extort money for the release of kidnapped. Kidnap for
ransom is still committed.
 Effect of voluntary release of a person detained or kidnapped to criminal liability
1. If serious illegal detention, no effect
2. If slight illegal detention, mitigating
3. if kidnap with ransom, no effect
 Special complex crime under kidnapping
1. Kidnapping with rape
2. Kidnapping with murder or homicide
3. Kidnapping with physical injury
 Kidnapping vis-à-vis Forcible Abduction
Kidnapping Forcible Abduction
1. At the outset, intent was to only deprived 1. At the outset, the taking is coupled with
liberty lewd design
2. Can be committed against any person 2. Can be committed against female only
 Kidnapping with Rape vis-à-vis Forcible Abduction with Rape
Kidnapping with Rape Forcible Abduction with Rape
1. Special Complex Crime 1. Complex Crime under Art. 48
2. No Lewd design 2. With lewd design
3. Can be charged with Attempted Rape 3. No Attempted Rape, merely part of lewd
separately design
3. Rape merely qualifying 3. Can be separately be prosecuted
4. Multiple rape cannot be appreciated 4. Only one rape can be complexed, the
other counts of rape will be separately be
charged

Art 268 – Slight Illegal Detention

 Elements
1. Offender is a private individual
2. He kidnaps or detain a person
3. Such act is illegal
4. The circumstances stated in the preceding Article must not be present
 Effect of voluntary release in the criminal liability (Privileged Mitigating)
1. Released within 3 days from the commence of the detention
2. If the purpose intended was not Attained.
3. Before the institution of the Criminal Proceedings
Art 269 – Unlawful Arrest
 Elements
1. Offender detains a person (it can be public officer or private individual)
2. The purpose is to deliver him before proper authority
3. Offender is not authorized by law or no reasonable ground to do so (In arbitrary detention,
the defect is on the arrest itself, in unlawful arrest, the defect is on the authority of the public
officer)
Art 270 – Kidnapping or Failure to return Minor
 Elements
1. Offender is entrusted with the custody of the minor
2. Offender has a deliberate intent not to restore the minor to the parent
  What is essential here is that the parent can be held liable under this provision unlike in Art 267
wherein the parent cannot be held liable.
Art 271 – Inducing Minor to Abandon his home
 Elements
1. The minor is living with the same house of the parents
2. The offender induce him to abandon his home
Art 272 – Slavery
 Elements
1. That the offender purchases, sell, kidnaps or detains a human being
2, The purpose is to enslave human being
 Difference between Slavery and Illegal detention
Slavery Illegal detention
1. Purpose is to enslave 1. Purpose is to deprive liberty
Art 273 – Exploitation of Child Labor
 Elements
1. Offender retains a service of a minor
2. Against the will of the minor
3. The purpose is to reimburse the offender of the debt incurred by his parent, ascendant or
guardian
Art 274 – Services Rendered under compulsion in payment of debt
 Elements
1. Offender compels the debtor to work for him either as a household servant or farm laborer
2. It is against debtors will
3. The purpose is for payment of debt
 Exploitation of Child Labor vis-à-vis Services Rendered under Compulsion in Payment of Debt
Art 273 Art 274
1. Victim is a minor 1. Victim can be any person
2. Minor compelled to work to paid the debt 2. Debtor compelled to work for the offender
of the parent, guardian or ascendant
3. Not limited to household or farm work 3. Limited to household or farm work

Crimes against Security

Art 275 – Abandonment of Person in Danger or One’s own victim
 Punishable Act
1. Failure to render assistance to a person found in uninhabited place, wounded or in danger of
dying in which, he can render assistance without detriment to himself, unless such omission will
constitute a more serious offense.
Elements
- The place is uninhabited
- The accused found a person wounded or in danger of dying
- Accused can render assistance without detriment to himself
- Accused fails to render assistance
2. Failure to render assistance to whom the offender accidentally injured
3. Failure to deliver a child below 7 years old, found abandoned, to its family, proper authorities,
or to a safe place
Art 276 – Abandonment of Minor (CUAN)
 Elements
1. Offender has custody of the child
 2. Child is under 7 years of age
3. He abandon such child
4. He has no intent to kill the child
 Qualifying Circumstances
1. If it will result to death
2. If it would endanger the life of the minor
Art 277 – Abandonment of Minor for a person entrusted with custody; indifference of parent
 Punishable acts
1. Delivering the minor before public institution by the custodian without consent of the person
who entrusted the said child to custodian.
Elements (RDC)
- Offender in in charge of the Rearing or Education of the Minor
- He delivers the minor to public institution
- The person who entrusted the custody to custodian does not give his consent.
2. Neglect by not giving education in which the financial condition permits.
Elements (ONF)
- Offender is the parent
- Neglect by means of not giving proper education
- His Financial condition allows him to do so.
 Difference between 276 & 277
Basis Art 277 Art 276
As to Custody The custody is limited to rearing Custody is general
and education of the minor
As to Age Under 18 years old Under 7 years old
As to Abandonment Minor is delivered in public Minor is abandoned to
institution deprive him of the care and
protection he needed
because of his tender age
Art 278 – Exploitation of Minors
 Punishable Acts
1. A child under 16 years of age who is to perform a dangerous feat of balancing, physical
strength, or contortion, the offender being any person;
2. A child under 16 years of age who is employ to work as an exhibitionist, gymnast, acrobats,
rope walker and other similar activity, the victim not a child or descendant of the offender and
the one managing the said activities;
3. A child under 12 years who are employed to do those enumerated in the preceding
paragraph;
4. A child under 16 years of age who are delivered gratuitously to perform those tasks
enumerated in paragraph 2, or to become a habitual vagrant or a beggar;
5. A child under 16 years of age who are induce to abandon his home for the purpose of those
enumerated.
 Difference of Exploitation of Minors from RA 76210
Basis Exploitation of Minor RA 7610
As to Age Below 16 years of age Below 18 years of Age
As to Danger to child Would place the child to The danger is enough to cause
physical risks, putting the life actual or threatened damage
and limb of the minor in danger to the life and limb of the child
As to Liability of the Liability in case the child suffer No provision stating liability of
 employer physical injury because of the the employer
work in which he or she was
employed
Art 280 – Qualified Trespass to dwelling
 Elements
1. Offender is a private person (if public officer, violation of domicile)
2. He enters the dwelling of other person
3. It is against the will of the owner or occupants (Against the will can either be express or
implied prohibition. However, prohibition does not matter in case of Violence or Intimidation)
 Example of trespass through violence
1. Pushing the door violently and then maltreating the occupants after gaining entry
2. Cutting the string or ribbon to fastened to door to make it closed
3. Wounding the occupants by means of bolo after gaining entry
 Example of trespass through intimidation
1. Discharging forearms into the air to effectuate entry
2. Flourishing a bolo upon gaining entry
 Instances when there is no trespass to dwelling
1. The purpose is to prevent a more serious offense to himself, occupants, or to third persons
2. To render some service to humanity and justice
3. When a public house, such as café, inns, taverns etc. is still open
Art 281 – Other forms of trespass to dwelling
 Elements (OEPT)
1. Offender enter a closed premises or fenced estate of another
2. He enters while the place is still uninhabited
3. Prohibition is manifest
4. Trespasser has not secured the permit of the owner or caretaker
 Difference between other forms and trespass (PAPCO)
Basis Trespass to dwelling Trespass to property
As to Place Place is habited Place is uninhabited
As to Act constituting crime Entering the dwelling against He enters the said place
the will without having secured
permission from the owner
or caretaker
As to Prohibition Express or implied Manifest
As to Commission Entering dwelling Entering a closed premises or
fenced estate of another
As to Offender Private person Can be any person
Art 282 – Grave Threats
 Punishable Acts
1. Threatening another with the infliction upon his person, honor, property, or upon his family
any wrong which constitutes a crime and demand money or impose conditions which is not
unlawful, the purpose of which was attained
Elements
- Offender threatens another to inflict upon his person, honor, property, or upon his family any
wrong
- Such wrong constitutes a crime
- There is a demand of money of condition impose
- Purpose was attained
 2. Threatening another with the infliction upon his person, honor, property, or upon his family
any wrong which constitutes a crime and demand money or impose conditions which is not
unlawful, the purpose of which was not attained
3. Threatening another with the infliction upon his person, honor, property, or upon his family
any wrong which constitutes a crime, the threat not subject to any conditions
- Offender threatens another to inflict upon his person, honor, property, or upon his family any
wrong
- Such wrong constitutes a crime
- The threat is not subject to any conditions or demand
 Threat vs Coercion
Threat Coercion
1. Intimidation only 1. Violence and intimidation
2. The wrong or harm is future and 2. The wrong or harm is immediate since it is
conditional not subject to any conditions
 Threat and Robbery (SIDI)
Basis Threat Robbery
1. As to Subject Person, honor, property, or to Property only.
inflict wrong to the family
2. As to Intent to gain Intent to gain is not essential Intent to gain is essential
3. As to Danger of Not instantly imminent nor Imminent and immediate
threat immediate
4. Intimidation Future and conditional, maybe Actual and immediate,
through intermediary personally
Art 283 – Light Threats (Blackmailing)
 Elements (OWDA)
1. Offender makes a threat to do wrong
2. Such Wrong does not amount to crime
3. Demand for money or impose conditions which is lawful
4. Offender either attained or not his purpose
Art 284 – Bonds for good behavior
 A person making threats may be required by the court to give a bail conditioned not to molest of
threatened anymore the victim
Art 285 – Other Light threats (TOO)
 1. Threatening another with a weapon, or drawing the same, except, if self-defense. Must not
discharge the said weapon
2. Orally threatening another in the heat of anger with some harm constituting a crime, must not
involve in the idea of committing it
3. Orally threatening another to do any harm constituting a felony
Art 286 – Grave Coercion
 Punishable Acts
1. Preventing someone from doing something not prohibited by law by means of Violence,
Intimidation or Threat (Preventive)
2. Compelling someone to do something against his will, whether it be right or wrong, by means
of Violence, Intimidation, or Threat (Compulsive)
 Elements
1. Offender prevented someone to do something not prohibited by law or compel to do
something against his will whether it be right or wrong
2. It is by means of Violence, Intimidation or Threat (must be serious)
 3. Offender has no authority provided by law or not allowed to do so.
 Qualifying circumstances in Grave Coercion
1. If committed in violation of the right to suffrage
2. if committed to prevent or compel to do something in connection to religious acts
Art 287 – Light Coercion
 Elements (OSAP)
1. Offender must be a creditor
2. Seized the belongings of the debtor
3. Accomplished through violence or display of material force producing intimidation
4. Apply for payment of debt
 Unjust vexation is any act committed without violence but which unjustifiably annoys or vexes
an innocent person
Art 288 – Compulsory purchase of merchandise and payment of wages by means of token
 Punishable Acts
1. Forcing or compelling, either directly or indirectly or knowingly permitting such act to for the
employer or laborer to purchase merchandise or commodities of any kind
Elements (OEF)
- Offender is any person, agent or officer of an association or corporation
- Employed Laborers or Employees
- Compel or Force its employees to purchase merchandise
2. Paying wages of his laborer or employee by means of token
Elements (PLE)
1. Offender Pays the wages of his laborer or employee through tokens
2. This tokens are other than the Legal currency of the Philippines
3. The employee or laborer does not Expressly request to be paid as such
Art 290 – Discovering Secrets through seizure of correspondence
 Elements (OSPI)
1. Offender is a private person, or if a public officer, not in the exercise of his functions
2. Seized such papers or letters of another
3. Purpose is to discover secrets
4. Offender informed of the contents of the seized papers or letters
 If offender reveals those he discovered to other person, qualifying circumstances
Art 291 – Revealing secrets with abuse of office
 Elements
1. Offender is a manager, employee or servant
2. He learns the secrets of his principal or master
3. Reveals it
Art 292 – Revelation of Industrial Secret
 Elements (OMOP)
1. Offender is a person in charge, employee or workman of the said manufacturing or industrial
establishment
2. Such manufacturing or industrial establishment has a secrets which he learned
3. Offender reveals it
4. It cause prejudice to owner

VIII – Crime against Property

Art 293 – Robbery
  Elements (PUIV)
1. A personal property belonging to another (if real property, that is usurpation)
2. Unlawful taking of the said personal property (if the taking is lawful, estafa might be the case)
3. Intent to gain must be establish (always presumed)
4. By means of violence against, or intimidation on any person or use of force upon anything
 Classification
1. Robbery by means of violence against or intimidation upon any person – Unlawful taking exist
from the moment offender gains possession even if he was not able to dispose the same.
2. Use of force upon anything – unlawful taking exist once the personal property is taken out of a
building or premises.
 Robbery is the forcible taking away of personal property of another person, with an intent to
gain, by means of violence against, or intimidation of any person, or use of force upon anything.
Identity of real owner is not necessary for as long as the personal property does not belong to
the offender. Exception – Robbery with homicide
 Violence or intimidation must always be present prior to robbery, except if associated with other
crimes against person or those stated in Art 294.
 A personal property belonging to another and intent to gain must always concur. So if the
offender rob a person of his personal property through force, and then later on found out that
the said item belongs to him, or he only do it to retrieve what belongs to him, no robbery.
 Difference between robbery / grave threats / grave coercion
Robbery Grave threats Grave Coercion
1. Intent to gain essential Not essential Not essential
2. Force, violence, or Intimidation only Intimidation only
intimidation
3. Harm is immediate Harm is not immediate since Harm is immediate since the
intimidation is future and intimidation is actual
conditional
Art 294 – Robbery with violence against or intimidation of any person (a special crime)
 Punishable acts
1. Robbery with homicide (it already includes murder and parricide)
- If death result by reason or on occasion of robbery, the crime is robbery with homicide. Both,
however, must be consummated. Intent to kill not essential.
Elements (TPAO)
 Taking of personal property through violence or intimidation
 Property taken belongs to another
 The taking is done with animus lucrandi
 It was committed on the occasion of robbery or by reason thereof.
- There is no crime of robbery with multiple homicide nor robbery with murder, qualifying
circumstances are merely treated as generic aggravating in crime of robbery complex with killings
2. Robbery accompanied by
- Rape (criminal intent to gain precedes intent to rape)
Elements (TPAR)
 Taking of personal property through violence or intimidation
 Property taken belongs to another
 The taking is done with animus lucrandi
 It was committed with rape
- Intentional Mutilation
 - Arson (RA 7659) – No killing, rape or mutilation during robbery, otherwise, robbery complex
with the said crime. Robbery must precede arson.
3. Robbery resulting to (If Less serious or Slight, deemed absorbed in robbery)
- Insanity
- Imbecility
- Impotency
- Blindness
4. Robbery resulting to
- Loss the use of speech
- Loss the ability to hear and smell
- Loss an eye, hand, foot, arm, leg or the use thereof
- Incapacity to work to which he is habitually engaged
5. Violence or intimidation is carried in a degree clearly unnecessary to the commission of the
crime
6. When a third person has been injured which resulted to
- Becoming deformed
- Loss any member of his body not susceptible of growth
- Becomes ill or incapacitated to work for more than 90 days
- Becomes ill or incapacitated to work for more than 30 days
7. Does not cause physical injury or only intimidation
Art 295 – Qualifying circumstances of Robbery
 Qualifying circumstances (ABUEI)
1. Attacking a moving train, street car, motor vehicle or airship
2. By a band
3. Uninhabited place
4. Entering passenger’s compartment in a train or taking the passenger in surprise in respective
conveyances
5. Robbery committed in street, road, highway, or alley and the intimidation is with the use of
fire arms.
 This qualifying circumstances only applies to subdivision 3,4 and 5 of Art 294
Art 296 – Robbery by a band
 Robbery is committed by a band when is it committed by more than 3 malefactors who are
armed. Unlicensed firearm only applies to 3,4 and 5 but not to subdivision 1 and 2 since Art 295
applies by a band in the said subdivision only.
 A robber can be held guilty for the crime committed by his co-robber when the ff requisites be
present (MPAP)
1. Offender is a member of the said band
2. He was present during the commission of the crime
3. His co-member assaulted the victim
4. He did not prevent such assault
Art 297 – Attempted or frustrated robbery under certain circumstances
 Attempted and frustrated robbery can be complexed with homicide and the punishable offense
will be reclusion temporal to perpetua. If the crime of homicide will provide a much higher
punishment, it will be the one appreciated – crime of murder or parricide. Attempted robbery
however can be complexed with physical injury under Art 48.
Art 298 – Execution of deed through violation or intimidation.
 Elements (ICC)
1. There is intent to defraud
 2. Compel victim to sign, execute or deliver a public instruments or documents. (it can also be
done in private documents so long as it is not void)
3. Compulsion is through violence or intimidation
Art 299 – Use of force upon anything 1 st form (committed in inhabited place, public building, or edifice
devoted to worship)
 The place is called inhabited when a shelter, vessel or a ship is being occupied by inhabitant
whether he is temporarily not in the vicinity.
 Elements
1. Entrance is made in inhabited place, public building, or edifice devoted into worship
2. The entrance is by means of (BOFF)
- Breaking of walls, doors, roofs, windows etc.
- Through an opening not intended for entrance or egress
- Using False Keys, picklocks and other similar tools
- Using fictitious name or appearing to be a public officer even if not.
3. Once inside the building, the offender took the personal property of the victim with intent to
gain
 Dependencies – Consist of all interior courts, corrals, warehouses, coach houses, or closed
interior entrance connected therewith and which form part of the whole.
 Elements (2nd kind or robbery under Art 299)
1. Offender enters a inhabited place, public building, or edifice devoted to worship regardless of
the circumstances.
2. He took the personal property by means of any of the following
- Breaking the chest, doors, wardrobe, or other locked or sealed furniture or receptacle
- Breaking those stated in preceding paragraph outside of the place where robbery was
committed
Art 302 – 2nd form of Robbery with use of force upon anything – Robbery in uninhabited place or private
building
 Elements (BOF and the two means in 2nd form under Art 299)
1. Offender enters an uninhabited place which was not enumerated under Art 299
2. Entrance was effectuate by means of
- Breaking of walls, doors, roofs, windows etc.
- Through an opening not intended for entrance or egress
- Using False Keys, picklocks and other similar tools
- Breaking the chest, doors, wardrobe, or other locked or sealed furniture or receptacle
- Breaking those stated in preceding paragraph outside of the place where robbery was
committed
3. With intent to gain, took the personal property of the said premises
Art 303 – If the robbery under Art 299 and 302 is on cereals, fruits of firewood
Art 304 – Robbery through use of picklocks
 Elements (PSL)
1. Offender has possession of picklocks
2. Such picklocks or similar tools specially adopted in the commission of the crime
3. Does not have lawful cause for possession
Art 305 – Possession of False Keys
 Considered as False Keys
1. Picklocks
2. Genuine key stolen from the owner
 3. Any key other than those intended by the owner (if the owner entrusted it, crime would be
theft)
Art 306 – Brigandage
 Elements
1. 4 armed malefactors
2. They formed a band of robbers
3. The purpose is any of the following
- Robbery in highway (may PD 532 na)
- Kidnapping with Ransom
- Any other purpose which can be attained through violence or intimidation
 Difference between Brigandage and Robbery by a band (PCP)
Basis Robbery by a band Brigandage
1. Purpose Commit such act of robbery To commit such act of
robbery but under specified
circusmtances like, robbery in
highway, kidnap for ransom,
or any other acts of robbery
through violence or
intimidation
2. Commission of the Crime Actual commission of the Mere formation is punishable
crime to be punishable
3. Pre-conceived victim There is always a pre- It can be committed even if
conceived victim there is no pre-conceived
victim
 Difference between PD 532 and Brigandage (LOVB)
Basis PD 532 Brigandage
1. Liability Actual commission of the Mere formation is punishable
crime
2. Offender One malefactor will suffice 4 armed malefactor
3. Victim Indiscriminate Pre-determined
4. Being a brigand Offender is a brigand who Offender is not a brigand and
roams in highway to commit the commission of robbery is
robbery only incidental
Art 307 – Aiding and Abetting Brigands
 Elements
1. Band of Brigands
2. Offender knows the band to be brigands
3. Committed the following acts
- Abet, aid, or protect the brigands
- Those who give information about the movements of the police officer or public authority
- Those who acquired the personal property taken by the said brigands
Art. 308 - Theft
 Punishable Acts
1. Those who take away the personal property of another without its consent, with intent to
gain. No employment of violence or intimidation
2. Those who acquired a lost personal property of another but did not turn over it to propert
authority
- Finder in fact (who find the lost item)
- Finder in law (to public officials to whom the said item was entrusted)
 3. Maliciously damaged the personal property of another to remove or made us of its fruits, or
object of the damage cause
4. Those who enter an enclosed estate or filed, in which, trespass is prohibited, and without the
consent of its owner, hunts, fish, collect fruits, cereals or other farm products
 Elements
1. Taking of a personal property
2. Personal property belongs to another
3. With animus lucrandi
4. Without the consent of the owner
5. No employment of violence or intimidation
 Theft vs Estafa
Theft Estafa
There is only material and physical possession There is Material and Juridical Possession (a
right over a thing, which the owner may set-
up even against the owner)
Art 309 – Penalties
 If amount is from 12-22,000, prision mayor. Subsidiary imprisonment of 1 year for every 10,000
but not exceed 20 years
 200 - 12,000 prision correctional
Art 310 – Qualified theft
 To qualified (DGMCFT)
1. Offender is a domestic servant
2. Offender committed grave abuse of confidence
3. Item taken away is a motor vehicle, mail matter or large cattle (There is already anti-
carnapping law, which is non-bailable offense)
4. Item taken away is a coconut in the premises of plantation
5. Item taken away is a fish in a fishery or fishpond
6. Theft is committed during incidents of fire, typhoon, earthquake or other calamities
Art 311 – Theft of property of National Library or Museum
Art 312 – Usurpation of real rights or real property
 Punishable Acts
1. Taking possession of any real property
2. Usurping any real rights of another
 Elements
1. Offender takes possession of real property or usurp real rights
2. It belongs to another
3. Violence or intimidation
4. Intent to gain
Art 313 – Altering boundaries and landmarks
 Elements
1. A mopnument or mark that designate boundaries
2. Alter such monument or mark
Art 314 – Culpable insolvency
 Elements (DAP)
1. Offender is a debtor and he has an obligation due and payable
2. Abscond with his property
3. Prejudice to the creditors
Art 315 – Swindling or Estafa
 General Elements
1. Intent to defraud either through grave abuse of confidence or deceit by any of the following
means
- Unfaithfulness or grave abuse of confidence
- False pretenses or fraudulent acts
- Fraudulent means
2. Such damage or prejudice is capable of pecuniary estimation
 (1) Unfaithfulness or grave abuse of confidence
A – Elements (OAD)
1. There is an onerous obligation to deliver something or return the same
2. He alters the substance, quantity, or quality of it
3. Such alteration cause damage or prejudice to another
B – Elements (MMPD)
1. Money (it can be check), goods, or any other personal property were received by the
offender either by trust, commission, administration, or any other obligation involving duty to
deliver a thing or return the same;
2. There is misappropriation, conversion, or denial of receipt by the offender of the said
money or property
3. Such misappropriation, conversion, or denial of receipt is to the prejudice of another
4. There is a demand made by the offended party to the offender (not necessary if there is
concrete evidence of misappropriation)
C – Elements (PDWC)
1. Paper, in which, the portion that requires a signature of the offended party is blank
2. Offended party deliver the said paper to Offender
3. Offender write something about the said portion which requires the signature thereof
without consent
4. The documents creates liability or causes damage to the offended party or third person
 (2) False Pretenses or Fraudulent Acts (PAPPP)
A – Punishable acts (FFB)
1. Using Fictitious name
2. Falsely pretending to possess power, qualification, property, credit, agency, business or
imaginary transaction (PAPCBIQ)
3. By means of other similar deceit
B – Altering the quality and fineness pertaining to his art or business
C – Pretending to have bribe any government employee without prejudice for action for calumny
D – Postdating or issuance of a check for payment of obligation (intent is immaterial, good faith
can be a defense of not knowing that it is unfunded)
Elements (PLD)
1. The postdating or issuance of check
2. Lack of sufficiency of funds of the said check
3. Damage to the payee
E - Punishable Act (OCAS)
1. Obtaining food, refreshment, and accommodation in a hotel, inn, lodging house or
restaurant without paying, with intent to defraud the owner or the manager
2. Obtaining credit at any of the said establishment through use of false pretenses
3. By Abandoning or surreptitiously removing his baggage after obtaining the following,
without payment therefor
 (3) Fraudulent means (IDOP)
 A – Elements
1. Induced offended party to sign
2. Deceit was employed to make him sign
3. Offended party personally signed it
4. Prejudice was cause
B – Fraudenlent practice to win a gambling game
C- Elements (RAD)
1. Offender removed, concealed, or destrotyed
2. Any court record, office files, documents, or other papers
3. With intent to defraud another
 Distinguish Robbery, Theft, Estafa (PICM)
Basis Robbery Theft Estafa
1. Penalty Penalty does not Penalty depends on Penalty depends on
depend of the the amount involved the amount involved
amount involved
2. Item Personal property Personal Property It can be Personal or
real property
3. Consent Takes the property Takes the property Offender receives the
without consent of without consent of property
the owner the owner
4. Means Violence, No violence or No violence or
Intimidation or force intimidation intimidation
upon anything employed employed
 Estafa with abuse of confidence vis-à-vis Malversation (FOM)
Basis Estafa with abuse of Malversation
confidence
1. Funds involved Private funds or property Public funds or property
2. Offender Mostly Private individual. Offender is a public officer
Public officer if he is acting in
private capacity
3. Means By Misappropriating, By Appropriating,
converting or denial of misappropriating, taking,
receipt of the said funds of consenting, permitting other
property person to take public funds
or property
4.Personal Misappropriation Personal misappropriation Maybe committed even
without personal
misappropriation, when he
allows another to
misappropriate it

 Estafa can be proved either by circumstantial or direct evidence

 Loan cannot be a cause of action for estafa. There is no manifest bad faith on the part of the
offender.
 General rule: Demand must be made before filing of estafa
Exception: 1. If obligation to comply is subject to a period
2. The accused cannot be located despite due diligence
  Novation Theory (the offenders criminal liability converted into civil liability after he offset it
provided that there is contractual obligation between the two) It does not extinguish but merely
prevents the filing of the criminal proceedings
Art 316 – Other forms of Swindling (CDWEAS)
 1. Those who convey, sell, encumber, or mortgage real property, pretending to be the owner
2. Disposing real property that is encumbered even if it such encumbrance 0is not recorded
3. Wrongful taking of personal property of owner to his prejudice or third person
4. Executing fictitious contract
5. Accepting compensation under the belief that it was for payment of services when in fact, no
such service was rendered
6. Selling, Mortgaging, or encumbering real property while being in a surety bond without
authority from court
Art 317 – Swindling Minor
 Elements (TICT)
1. Offender takes advantage of the inexperience or emotions of minor
2. Induce the minor to assume obligation or release and execute transfer of any property
3. Consideration of some loan of money, credit or other personal property
4. Transaction to the detriment of minor
Art 319 – Removal, Sale, or Pledge of Mortgaged Property
 Punishable Acts
1. Knowingly removing a personal property already subject of a Chattel Mortgage Law to any
province or city, outside of the original place of execution without written consent from
mortgagee
Elements (PARPN)
- Personal property mortgage
- Offender aware that it is mortgage
- Offender removed such mortgage personal property to any province or city outside of the
original place of execution of mortgage
- Removal is permanent
- No written consent to mortgagee or administrator
2. Selling or pledging personal property already pledge under the terms of Chattel Mortgage
without the consent of the mortgagee
- Personal Property already pledge under the terms of chattel mortgage
- Offender who is the mortgagor, sell or pledge it
- No consent of the mortgagee written of the back of mortgage and noted in the record of
register of deed
Art 320 – Destructive Arson (SDUBB)
 1. Those who burned building or edifice in one single act of burning
2. Those building, whether private or public, devoted to public in general
3. Train, locomotive, ship, airship, or those being utilize for public use
4. Building, factory, or warehouse devoted to the service of public utilities
5. Burning is for the purpose of concealing or destroying evidence
 Special Aggravating circumstances in Arson (IBHS)
1. If committed with intent to gain
2. If committed for the benefit of another
3. If motivated by hatred towards the owner
4. Committed by a syndicate
 Differentiate with simple arson, degree of perversity
Art 327 – Malicious mischief
 Elements (DAM)
1. Offender deliberately caused damage to property of another
2. Such act does not constitute arson or other crimes, involving destruction
3. It is committed merely, for the sake of damaging it
 Malicious mischief is the willful damaging of the property of another in which, such act does not
constitute either arson or any other offense involving destruction due to hate, revenge, or for
mere pleasure of destroying.
Art 328 – Special cases of malicious mischief and to of qualified mischief (CUSC)
 1. Causing damage to obstruct the performance of public function
2. Using poisonous or corrosive substance
3. Spreading any infection among cattle
4. Causing damage to the property of National Museum or Library or to any archive or roads
used in common by the public

IX – Crimes against Chastity

This is a private crimes. It cannot be prosecuted without a complaint from private complainant.
Art 333 – Adultery
 Elements of Adultery
As to Woman
1. Must be married
2. He had sexual intercourse with another man not her husband
As to Man
1. He had sexual intercourse with a woman who is married
2. He is aware that the said woman is married
 Adultery will still suffice even if the subsequent marriage be declared void. Abandonment is a
mitigating circumstances in adultery. Adultery can only be proven by circumstantial evidence.
Adultery is not a continuing offense.
 Acquittal of one co-offender will not give effect to the acquittal of the other. Reasons:
1. The other might be insane and the other not. In this case, the sane will be criminally liable;
2. The man might not be aware that the woman is married
3. Death of the woman will not give bar to the trial at later on, prosecution of the other
4. if the man left the country and cannot be found anymore, the woman will still be held liable.
Art 334 – Concubinage
 Punishable Acts.
1. Keeping a mistress in the conjugal dwelling
2. Having sexual intercourse under scandalous circumstances with a woman not his wife
3. Cohabiting
 Elements
1. Man must be married
2. He committed the punishable acts
3, The woman must know the man to be married
 A person can be held liable for both concubinage and adultery.
 No more Art 335, it is now Crimes against person
Art 336 – Acts of Lasciviousness
 Elements
1. Offender commits acts of lasciviousness or lewdness (Lewd design is essential in this crime)
 2. It is committed against any person of either sex
3. Committed under any of the following circumstances (BDFO)
- By using force or intimidation;
- Offended party is deprive of reasons or is unconscious
- By means of fraudulent machinations or grave abuse of authority
- Offended party is a minor below 12 years old or is demented
 Acts of Lasciviousness vs Attempted Rape
Basis Acts of Lasciviousness Attempted Rape
1. Purpose The purpose is to commit The purpose is to lay
acts of lewdness down with the woman
2. Stages The acts of lewdness is Acts of lewdness is
the final objective sought merely preparatory act
for commission of rape
3. Nature of It is a Private Crime, It is a Public Crime,
Crime therefore, withdrawal of therefore, even if
the charges by private private complainant
complainant will withdraw, offender can
extinguish criminal still be prosecuted
liability since, it is the State
that is the primary
party
 Anti- Sexual Harassment Act
1. Punishable Act
- In work related or employment environment
1. Sexual favor made on condition of hiring, re-employment, or continued employment
2. In granting conditions, promotions or privileges
3. If refusal will results to discrimination, intimidation, or diminish employment
opportunities
- In educational or training environment
1. Offended party is under care, supervision of the offender
2. When the education, training, apprenticeship, or tutorship is entrusted to offender
3. When sexual favor is made on condition of passing grade or receiving honors
4. If refusal will results to discrimination, intimidation, or offensive environment for
students
Art 337 – Qualified Seduction
 Punishable Act
1. Seduction of a virgin who is above 12 years old but below 18, by certain person such as,
teacher, guardians, priest, home servant, domestics, public authority, or any person who is
entrusted with the education or custody of the woman
Elements (VASA)
- Offended party is a virgin which is presumed if she is unmarried
- She is over 12 but below 18
- Offender had sexual intercourse with her
- There is abuse of authority, confidence or relationship on the part of offender
2. Seduction of a sister by her brother, or descendant by her ascendant regardless of age and
whether or not a virgin or not
 Virginity shall not be understood in its literal sense. It refers to chaste character, a virtuous
woman of good reputation
Art 338 – Simple Seduction
 Elements (AGSD)
1. Offended party is above 12 but below 18 years old
2. Must be of good reputation, single, or widow (virginity not required)
3. Offender had sexual intercourse with her
4. Committed by means of deceit
Art 339 – Acts of Lasciviousness with consent of offended party
 Elements (CAA)
1. Offender commits acts of lasciviousness or lewdness
2. It is committed upon woman is above 12 but below 18 who is virgin, with good reputation,
single or widow, or sister or descendant of the offender.
3. Accomplish through abuse of authority, confidence, relationship, or deceit
 Difference between Act of Lasciviousness under Art 336 vis-à-vis Art 339
Art 336 Art 339
1. if it results to carnal knowledge, would 1. If would result to carnal knowledge,
amount to rape qualified or simple seduction
2. Offender party either sex 2. Only female
3. A woman need not be virgin 3. Must be virgin
Art 340 – Corruption of Minor
 Those who corrupt minor to promote or facilitate prostitution
Art 341 – White Slave Trade
 Punishable Acts
1. Engaging in business of prostitution
2. Profiting in prostitution
3. Enlisting the service of other for prostitution
Art 342 – Forcible Abduction
 Elements (PAL)
1. Person abducted is any woman, regardless of her age, civil status, or reputation
2. Abduction against her will (if minor, force or intimidation not necessary)
3. Abduction is with lewd design (essential)
 If real intent is to only rape her, forcible abduction will be absorbed
Art 343 – Consented Abduction
 Elements (VACL)
1. Victim must be a virgin
2. Over 12 but below 18
3. Taking away must be with consent of offended person after solicitation or cajolery
4. Taking away with lewd design
Art 344 – Prosecution and Pardon
 Must be made to both, unless one dies. Pardon however maybe express or implied. Parent
cannot grant pardon without express pardon of the girl
 Who may file complaint if minor
1. Parent
2. Grandparent
3. Guardian
 If marriage, criminal liability will be extinguish to principal, accessory or accomplice but to
principal only if rape
 Civil Liability
1. Indemnification
 2. Acknowledgement of offspring
3. Support offspring

X – Crimes against Civil Status

Art 347 – Simulation of Birth, Substitution of one child for another, concealment or abandonment of a
legitimate Child
 Punishable Acts
1. Simulation of Birth (Pretending to be pregnant, then take away the said child on the day of
delivery itself
2. Substitution of ones child for another
3. Concealing or abandoning a legitimate child (ONLY) with intent to cause such child to lose his
civil status
Art 348 – Usurpation of Civil Status
 Who represent himself to be another and assumes the filiation, parental, or conjugal rights of
another person. (intent to enjoy the rights of another is essential)
Art 349 – Bigamy
 Elements (LDSE)
1. Offender is legally married
2. The legality of the first marriage has not yet been legally dissolved
3. He contracted a subsequent marriage
4. The second marriage has all the essential requisites of a valid marriage wherein not for the
existence of the second marriage
 Bigamy is not a private crime but a public crime. Its application is also limited to territoriality
 Finality of the annulment of first marriage must first be obtain before contracting a second
marriage. If only instituted during trial for bigamy, it cannot be a defense even if void, unless on
its face, the marriage is absolutely void (like a marriage without solemnizing officer, marriage of
bisexual, etc.).

TITLE XI – Crimes against Honor

Art 353 – Libel
 Persons liable for Libel
1. Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation
either in writing or other similar means
2. The author or editor of a book or pamphlet,
3. Editor or business manager of a newspaper, magazine, or serial publication, for defamation
contained therein to the same extent as if he were the author
4. Owner of the printing plant which publish the defamation article with his consent.
 Elements (IPMDT)
1. Imputation of a crime, a vice or defect, real or imaginary, omission, condition, status
2. Imputation must be made publicly
3. It must be malicious
4. It must be directed either to a natural, juridical, or dead person
5. Tend to cause dishonor, discredit or contempt of the person defamed
 Elements to be convicted of Libel
1. The allegation of a discreditable act or condition concerning another;
2. Publication (satisfied if after writing the defamatory words, it was made known to other
person)
 3. Identity of the person defamed
4. Existence of malice
 Kinds of Malice
1. Malice in fact (maybe shown by proof of ill will)
2. Malice in law (presumed from defamatory imputation). It can be rebutted by:
a. Truthness
b. Publish with good intention
c. Justifiable motive
 Jurisdiction of libel
1. Where it is first printed or publish
2. Where offended partied reside at the time of the commission of libelous remarks.
 Defense in libel
1. Absolute – Not actionable even if made in bad faith (like congress in their privileged speech)
2. Conditional or qualified – private communication
 Libel is a public and malicious imputation of a crime, a vice or defect, real or imaginary, omission,
condition, status tending to cause dishonor, discredit or contempt directed to a natural,
juridical, or a dead person
 The victim must be identifiable, although not necessary to name him. To determine if the words
are defamatory, in must be understood in its entirety, whether it would cast dishonor, discredit
or contempt. Every defamatory imputation is presumed malicious
Art 358 – Slander (oral defamation)
 Two kinds
1. Simple Slander
2. Grave Slander (if serious and insulting)
 Elements of Slander
- Same as Libel
 To determine gravity of oral defamation
1. Expression used
2. Personal relation
3. Circumstances
4. Social standing
Art 359 – Slander by deed, the dishonor was committed by performing an act (slapping a person to
dishonor her)

3/12/2023
People vs Bayotas
Apply case of Baayotas in all cases except BP22, applicable rule People vs Bernardo (GR 182210)